Terms & Conditions

SusieCakes Terms and Conditions of Use

(Last Modified: Sept. 2024)

Acceptance of the Terms of Use

Welcome to the website of SusieCakes Holdings, LLC (“Company”, “we” or “us”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of www.susicakes.com, including any content, functionality and services offered on or through www.susicakes.com (the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website.By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference.Please read the Privacy Policy carefully to understand how we collect, use and disclose personally identifiable information from our users. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website.

User Eligibility

This Website is offered and available to users who are 13 years of age or older and reside in the United States or any of its territories or possessions. This Website is not targeted toward, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Website under supervision of a parent or legal guardian who agrees to be bound by these Terms of Use. You must be at least 18 years of age to place orders through the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

You waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

In order to access some of the features of the Website you may choose to create an account. If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. If we receive any instructions or orders using your user-name and password we will consider it authorized by you.

We have the right to disable any user-name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

All users of the Website represent and warrant that all information they provide is accurate and truthful, that they agree and are bound by these Terms of Use, that they are at least 18 years of age when making a purchase, and that they will not use the Website in connection with any illegal activity or in a manner which interferes with the operation of the Website.

Intellectual Property Rights

Unless otherwise indicated, the Website and its entire contents, features, functionality and other materials herein (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws. All such materials are protected in all forms, media and technologies now known or hereinafter developed.

Our License to You. We grant to you a limited, personal, nontransferable, nonexclusive, non-sublicensable license to use the Website and to use the information and services contained in the Site on any supported computing and/or mobile device that you own or control. We do not grant any license or other authorization to any user to use our trademarks registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on this Website.

The license granted pursuant to these Terms of Use is solely for your personal use (but not for resale or redistribution) and may not be used for any other purposes. You have no right or claim of right to any Site content or any unique ideas found on the Website. No ownership rights are granted to you hereunder and no title is transferred hereby

These Terms of Use permit you to use the Website for your personal, informational, and shopping purposes only. These Terms of Use do not permit any resale or commercial use of the Website or its contents. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences or any graphics.
• Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: website@susiecakes.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Unless explicitly stated herein, nothing in these Terms of Use shall be construed as conferring in any manner, whether by implication, estoppel or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Your License to Us. You shall be solely responsible for your own submissions including User Generated Content and Social Media Content (as defined below) and the consequences of posting or publishing them. You grant us an unrestricted, non-exclusive, fully transferrable, royalty-free perpetual license to use,copy, reproduce, adapt, translate and distribute any content you post on the Website for any purpose, commercial, advertising, or otherwise, throughout the world in any media to the fullest extent permitted by applicable law, subject only to the express provisions of these Terms of Use.

Trademarks

The Company name, the Company logo, images/drawings of Susie, and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.Nothing on the Website should be construed to grant any license or right to use any Company mark without our prior written consent.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use.You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through the Website. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences and may involve, and cooperate with, law enforcement authorities in prosecuting the user or users who are involved in such violations. You agree not to use the Website:

• In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of attempting to or exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise.
• To attempt to or transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter” or “spam” or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing).
• To access or attempt to access data not intended for you or logging into a server or account which you are not authorized to access.
• To engage in any other conduct that attempts to or restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.

Additionally, you agree not to:

• Use or attempt to use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use or attempt to use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use or attempt to use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent.
• Use any device, software or routine that interferes with the proper working of the Website.
• Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
• Attempt to or gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website.
• Attempt to or attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Monitoring and Enforcement; Termination

We have the right to:

• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.
• Terminate your account or your loyalty program membership at any time in the event that, in our sole judgment, you violate these Terms of Use.

Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone using the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

You may remove your User Generated Content and Social Media Content (as defined below) from the Website at any time, and you may terminate your account or loyalty program membership at any time by logging into your account and following the instructions in your user profile.

Online Purchases Terms of Sale

All purchases through our site or other transactions for the sale of goods formed through the Website or as a result of visits made by you are governed by ourTerms of Sale.

Payment. Your right to use any service or product that is available for purchase through the Site is conditional on our receipt of payment for such service or product. If payment cannot be charged to your credit card or if a charge is refunded for any reason, including chargeback, we reserve the right to either suspend or terminate your account, thereby terminating this Agreement and all obligations hereunder.

Terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept Visa, MasterCard, Discover and American Express credit cards as well as Apple Pay and Google Pay. You represent and warrant that (i) the credit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the Site at the time of your order. If we experience difficulties in authorizing your credit card, we may notify you by e-mail or telephone and/or attempt to process the payment again.

Order Acceptance and Cancellation. You agree that any order you submit through this Site is an offer to buy, under these terms, all products and services listed in your order. All orders must be accepted by us or we will not be obligated to sell the products or services to you. We may choose not to accept any orders in our sole discretion. After having received your order, we will send you a confirmation e-mail with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between the Company and you will not take place unless and until you have received your order confirmation e-mail.

You can cancel your order up to 72 hours prior to the delivery or pickup date at your local bakery for local orders and 24 hours prior to the shipment date for national shipment orders. We will do our best to accommodate any changes, however, if the product has already been prepared, shipped and/or delivered we may not be able to accommodate your request. For local orders delivered or picked up from our bakeries our policy states to contact us 24 hours prior to the delivery or pickup date. For national shipment orders, you must contact us 24 hours prior to the shipment date (for example, if you requested a Wednesday arrival of your cake, we would be shipping it out on Tuesday and would therefore need to know about the cancellation by 5pm on Monday). To cancel or change please contact us here with your order number, name, phone number so we can assist you.

We reserve the right, but undertake no obligation, to monitor for, report, and prosecute actual and suspected fraud on the Site. We may, in our discretion, require further authorization from you such as a telephone confirmation of your order or request additional information, to process your order. We reserve the right to cancel, delay, refuse to ship, or recall from the transit carrier any order if fraud is suspected. We also reserve the right, but undertake no obligation, to submit all records to law enforcement agencies and to third parties, including payment card companies and banks, for investigation into suspected fraud. We reserve the right to cooperate with authorities and third parties to prosecute offenders to the fullest extent of the law.

Prices. All prices, discounts, and promotions posted on this Website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation e-mail. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your merchandise total and will be itemized in your shopping cart and in your order confirmation e-mail. We are not responsible for pricing, typographical or other errors in any offer by us and we reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such errors.The inclusion of any products or services on this Site at a particular time does not imply or warrant that these products or services will be available at any time.

We may offer from time-to-time promotions on the Website that may affect pricing and that are governed by terms and conditions separate from this Agreement. If there is a conflict between the terms for a promotion and this Agreement, the promotion terms will govern.To the extent you participate in any promotional programs or features we may choose to offer, the specific applicable terms and conditions of such program shall apply. These additional terms and conditions program will be posted on the Site or another entry form. These additional terms and conditions may include age restrictions, entry deadlines, return policies, or restrictions on use.

Shipments; Delivery; Title and Risk of Loss. We will arrange for shipment of the products to you. Local delivery may be an option for customers in or near local stores. Local delivery areas are subject to change.

You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order.

We are not liable for any delays in local delivery or national shipments once the product has left our location. Due to potential UPS and other carrier delays we recommend customers place orders in advance of the date they need it to ensure a timely delivery. In the case of weather issues that could potentially delay shipments, SusieCakes has the right to make the decsion to send out packages at an earlier time.

Returns and Refunds

Given the perishable nature of our products, SusieCakes does not accept returns, exchanges, and/or grant refunds on any goods sold unless the issue for return, exchange, and/or refund is the result of an incorrect product being sent out due to our error in handling the product.

As a policy, we do not offer refunds for delays caused by one of our shipping partners due to weather, mechanical error, strikes, natural disaster, inaccurate shipping information, mistakes on the part of our shipping partners’ employees or similar reasons that are outside of our control. We offer shipping insurance with every national shipping purchase through Route insurance. Shipping insurance is ineligible for a refund. Having this insurance will protect you if there are delays or lost packages from the shipping carrier.

All this said, we want all of our Guests to be happy and satisfied with their purchase at SusieCakes and in the event you are unhappy with the product quality, we ask that you contact us so we can discuss the situation and make it right.

Errors, Deficiencies, Inaccuracies and Omissions

We reserve the right to modify or discontinue all or any part of the content of the Website (including without limitation, all descriptions, images, references, features, specifications, information, data, products, offers, and prices/availability of products described or depicted on the Website, or any services offered through the Website)—at any time without notice to you. In addition, the Website (including the content) may contain typographical, pricing, pictorial and/or other errors, deficiencies, or inaccuracies and may not be complete, correct, reliable, useful, suitable, accurate, timely, or current. We assume no responsibility for any such errors, deficiencies, inaccuracies, or omissions on any of the Website and do not guarantee that they will be corrected.

We reserve the right to (i) discontinue any stated offer, (ii) delete, change or update prices, promotions, offers, product and/or service descriptions or specifications, or other information, with no further obligation to you, even after your receipt of an order confirmation from us, and (iii) delete, change or update the content at any time without prior notice. In the event of an error involving product pricing, availability, or the terms of an offer, changes will take effect upon posting of the updated information on the Website, unless otherwise noted.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided or published by third parties, including articles, advertisements and other media or publication materials. All statements and/or opinions expressed in these materials, and all articles and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity that provided or published those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided or published by any third parties.

Changes to the Website

We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.

We may modify or discontinue, temporarily or permanently, the Website or any features or portions thereof without prior notice. You agree that the Company will not be liable for any modification, suspension or discontinuance of the Website or any part thereof.

User Content/Postings:

The Company has the right to monitor or review discussions, chats, postings, third party reviews and other transmissions on this Website. However, the Company is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this Website.

We are not responsible for the content users post on the Website. You accept sole responsibility for any material you may submit via the Website including photos, messages, text, information, videos, User profiles (such as your name and User profile image or avatar), and any other content that you upload, share, publish or display on or through the Website. You may not upload to, post, transmit, distribute or share User Generated Content or “UGC” on this Website that you did not create or that you do not have permission to share.

You warrant that any UGC you post, transmit, or share is owned by you or you have obtained permission for its use. The UGC does not reflect the Company’s opinions or views and under no circumstances are we liable in any way for UGC, including, but not limited to, errors or omissions or any loss or damage of any kind incurred as a result of the use of or reliance on any UGC. You understand and agree we have the right, but no obligation to archive or to not publish, or make chats or discussions “Read Only”, or to modify or remove Website content or UGC (without notice or liability) if we, in our discretion, consider the UGC to be in violation of these Terms of Use or otherwise harmful to this Website.

By posting UGC to the Site, you understand and agree you grant the Company and its affiliates the license described above. We do not assert any ownership over your UGC. You understand and agree your UGC is as between us and you, subject to the rights granted to the Website in these Terms of Use, you retain full ownership of all your UGC and any intellectual property rights or other proprietary rights associated with your UGC. You are not entitled to any compensation for UGC you post on the Website unless otherwise agreed upon. We do not guarantee that you will have any recourse through us to edit or delete any content you have submitted. Ratings and written comments are generally posted within two to four business days. However, we reserve the right to remove or to refuse to post any submission for any reason.

By submitting any content to the Website you represent and warrant that:

• you are the sole author and owner of the intellectual property rights thereto or that you control all the rights to the content;
• all “moral rights” that you may have in such content have been voluntarily waived by you;
• all content that you post is accurate;
• you will be responsible for paying all royalties and other fees that might be due to any person or entity
• •you will indemnify the Company for all claims resulting from content you supply
• you are at least 18 years old; and that
• use of the content you supply does not violate these Terms of use and will not cause injury to any person or entity.

All information you post to the Website is visible to the general public. We shall not be subject to any obligations of confidentiality regarding such information.

Social Media Content

This Website may provide certain social media features that enable you to:

Link from your own or certain third-party websites to certain content on this Site.

• Send emails or other electronic communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Site to be displayed or appear to be displayed on your own or certain third-party websites.
• Communicate with our accounts on social media through public posts or private messaging.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with. We may disable all or any social media features and any links at any time without notice in our discretion.

Any information or other content (including text, photographs, images, illustrations, graphics, sound recordings, video, audio-video clips) you post when (i) using the Website or (ii) using any social media website in which you interact with Company-affiliated accounts, including but not limited to Facebook, Twitter, Instagram, YouTube, TikTok, Snap Chat, Pinterest, YouTube, and LinkedIn (including any use of Company-related hashtags, tags, and posts), (such content hereinafter referred to as “User Social Media Content”), becomes public information, depending upon your privacy settings, and is subject to redistribution by the Company and other third parties. By posting User Social Media Content to the Website you grant us the license described above. For this reason, we ask that you not post any User Social Media Content that you do not wish to license to us, including any photographs, videos, confidential information, or ideas. There is no expectation of privacy when posting User Social Media Content or otherwise participating in such interactive forums and we have no control over how other users may use the information you make public. Therefore, you should exercise caution and discretion when disclosing your personal information in a public submission or posting User Social Media Content. User Social Media Content is also subject to our Terms of Use.

Promotions, Sweepstakes, Contests
On occasion the Company may elect to conduct certain promotions, sweepstakes or contests (collectively, “Promotions”) on this Website. Each such Promotion may have specific rules and regulations which will be made available to users and which shall be deemed incorporated in and become a part of these Terms of Use. By participating in any Promotion, you are deemed to have accepted the rules and regulations for that Promotion, and to have agreed to abide and be bound by them.

Communications from the Company

If you provide, or have provided, a telephone number or email address to us (either through the Website or by other means), you expressly agree that we (or an agent on our behalf) may contact you at that number and/or address in order to provide you with informational and service messages, including via text message, push notification and/or by using automated telephone technology or artificial or prerecorded voice messages. You represent and warrant that you are the authorized subscriber for the telephone number(s) or email addresses you have provided. You may revoke your consent to be contacted at such number(s)email address by emailing us at CS.emails@susiecakes.com or by replying STOP to a text notification. Standard message and data rates may apply.

Text Messaging Program Terms

We may provide you with the opportunity to interact with us via text messages including receiving messages about events, special offers, special discounts, your transactions, or other information. Mobile subscribers can enroll through the Website, at checkout, or through their mobile device. By opting in, you agree to receive our updates and promotional offers via text from us and our SMS service provider, and to be bound by these Terms of Use and our Privacy Policy. Text messages may be auto-dialed or prerecorded and standard data or message rates apply. If your mobile operator is not participating, you will not receive a reply to your messages. Some operators may not support some services at the process offered. Pre-paid users may not be able to participate. Check with your mobile operator.

By opting in to receiving text messages you agree that you:

• are the authorized user of the mobile device and owner of the mobile phone number provided in the enrollment process;
• give us and our agents express permission to send text messages (including auto-dialed, pre-recorded and/or promotional texts) to the mobile number you provide until you tell us to stop;
• agree to receive text messages from us even if the registered mobile number is on a Do-Not-Call list.

Participation is voluntary. You are not required to participate in order to purchase products or Services from us. Message frequency may vary. Standard message and data rates apply.

If you change carriers or change or deactivate your mobile number it is your responsibility to opt out of our text messaging program before making any such change. Failing to do so will be a material breach of these program terms.

How to cancel. To stop receiving promotional updates and offers please reply STOP to any text at any time and receive one final text acknowledging receipt of your STOP request

To get help with text messages. Reply HELP to any text at any time. We do not charge any fee for your participation in the text message program. Check with your wireless carrier for details regarding message or data rates or charges that may apply.

Please see our Privacy Policy for additional information. We do not share mobile information outside of our corporate group, our affiliates and their authorized service providers.

Linking to the Website

You may link to the Website, provided you do so in a way that is non-commercial, fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our express written consent.

You may not use the Company’s name, logo or other proprietary graphics to link to the Website without the Company’s express written permission. Further, you may not use, frame or utilize framing techniques to enclose any of the Company’s trademarks, logos product designs or other proprietary information, including the images found at the Website, the content of any text or the layout/design of any page or form contained on a page on the Website without the Company’s express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise, in any patent, trademark, copyright or other proprietary materials of the Company or any third party.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease.

We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Website. We may provide links to such third-party websites as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by the Company of any site or any information contained therein.

Links from the Website

If the Website contains links to other sites and resources provided or hosted by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Copyright Complaints

We respect the intellectual property rights of others and prohibit users from uploading and posting materials that infringes another party’s intellectual property rights. If you believe that your material has been copied in a way that constitutes copyright infringement, please provide our copyright agent the following written information: (i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; (ii) a description of the copyrighted work that you claim has been infringed upon; (iii) a description of where the material that you claim is infringing is located on the Site; (iv) your address, telephone number, and e-mail address; (v) a statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner of authorized to act on the copyright owner’s behalf. Our copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:

Copyright Agent: copyright@susiecakes.com

It is often difficult to determine if your intellectual property rights have been violated or if the Digital Millennium Copyright Act (DMCA) requirements have been met. We may request additional information before we remove any infringing material. If a dispute develops as to the correct owner of the rights in question, we reserve the right to remove or disable access to the allegedly infringing material pending resolution of the matter. We will terminate the accounts of users that we determine are repeat infringers.

Please note that under Section 512(f) of the Copyright Act any person who makes false claims that material or an activity is infringing may be subject to liability for damages.

Notice of Abuse

If you become aware of any abuse of the Website, misuse by any user, use in violation of these Terms of Use, or use by an individual who is not eligible for Website access, please report that circumstance to us at website@susiecakes.com and we will investigate and take responsive action. If you are the parent of a child under the age of 18 you may instruct us to terminate the account of your own child upon satisfactory showing of your authority.

Geographic Restrictions

The owner of the Website is based in the state of California in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, SUBSIDIARIES, RELATED COMPANIES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL THE AGGREGATE LIABILITY OF THE COMPANY WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILTY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OR INABLITY TO USE THE WEBSITE EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO THE COMPANY FOR ACCESS TO OR USE OF THE SITE.

Indemnification

You agree to defend, indemnify and hold harmless the Company, its affiliates, subsidiaries, related companies, licensors and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, any use of the Website’s content, services and products other than as expressly authorized in these Terms of Use or your use of any information obtained from the Website

Special Terms for Apple Users

Users of any mobile application we offer acknowledge that they have reviewed and agree to the terms of the online app marketplace from which they have downloaded the App. The following additional terms and conditions apply with respect to any App that Company provides to you designed for use on an Apple iOS-powered mobile device (an “iOS App”):

• You acknowledge that these Terms are between you and us only, and not with Apple, Inc. (“Apple”).
• Your use of our iOS App must comply with Apple’s then-current App Store Terms of Service.
• We, and not Apple, are solely responsible for our iOS App and the services and Content available thereon. You acknowledge that Apple has no obligation to provide maintenance and support services with respect to our iOS App. To the maximum extent permitted by applicable law, Apple will have no warranty obligation whatsoever with respect to our iOS App.
• You agree that we, and not Apple, are responsible for addressing any claims by you or any third party relating to our iOS App or your possession and/or use of our iOS App, including, but not limited to: (i) product liability claims pertaining to our iOS App; (ii) any claim that our iOS App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation, and all such claims are governed solely by these Terms and any law applicable to us as provider of our iOS App.
• You agree that we, and not Apple, shall be responsible, to the extent required by these Terms, for the investigation, defense, settlement and discharge of any third-party intellectual property infringement claim related to our iOS App or your possession and use of our iOS App.
• You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
• You agree to comply with all applicable third-party terms of agreement when using our iOS App (e.g., you must not be in violation of your wireless data service terms of agreement when using our iOS App).
• You and we agree that Apple and Apple’s subsidiaries are third party beneficiaries to these Terms as they relate to your license of our iOS App. Upon your acceptance of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as they relate to your license of our iOS App as a third-party beneficiary thereof.

Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of California without giving effect to any choice or conflict of law provision or rule (whether of the State of California or any other jurisdiction).

Any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California in each case located in the City of Santa Monica and County of Los Angeles although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your state of residence or any other relevant state. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver of by the Company of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

Entire Agreement

The Terms of Use and our Privacy Policy, constitute the sole and entire agreement between you and SusieCakes Holdings, LLC with respect to your use of the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

Your Comments and Concerns

Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site. You may contact us at website@susiecakes.com.

Thank you for visiting the Website.