Terms of Use A. Proprietary Rights and Permitted Use . We have invested a significant amount of time, effort, and resources in the creation of the GoCakeGo Website, which is protected by U.S. and international copyright and intellectual property laws. You understand and agree that GoCakeGo retains all right, title, and interest in (including all copyrights, service marks, trademarks, trade secrets and other intellectual property rights) and to all content, including without limitation, any and all text, data, graphics, images, sound, products and other information provided on the GoCakeGo Website, whether by GoCakeGo or users and whether in print, machine-readable, visual or audible form, (altogether, “GoCakeGo Content”). You may view, download, print and retain a copy of the GoCakeGo Content displayed on the GoCakeGo Website only for your own personal use. Except as otherwise provided, the GoCakeGo Content may not be distributed, downloaded, uploaded, modified, reused, reproduced, reposted, retransmitted, disseminated, sold, published or circulated or otherwise used in any way whatsoever except as permitted by the foregoing license. All trademarks displayed on the GoCakeGo Website, including without limitation, “GoCakeGo” and “Party Online” are owned by GoCakeGo or its licensors. You agree not to remove, alter or obscure any such notices on any printouts, screen displays or copies thereof. You agree not to add any logos or other marks indicating origin or ownership or any data or content originally found thereon to any of the foregoing displays, printouts or copies thereof. If you wish to obtain permission to reprint or reproduce any materials appearing on the GoCakeGo Website other than as permitted above, you may contact us at info@gocakego.com. All rights not expressly granted herein are reserved. B. Copyright Policy. We may terminate the privileges of any user who uses the GoCakeGo Website unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to the GoCakeGo Website, you warrant that the information does not infringe the copyrights or other rights of third parties. C. Representations by You. By visiting the GoCakeGo Website, you represent, warrant and covenant that (a) you are at least 18 years old; (b) you are a resident of the United States; (c) all materials of any kind submitted by you through the GoCakeGo Website or for inclusion on the GoCakeGo Website will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, or other personal or proprietary rights; (d) you will not select or utilize a user name of another person with intent to impersonate that person; (e) you will not select or utilize a user name in which another person has rights, if you do not have that person's authorization to use such name; and (f) you will not select or utilize a user name that GoCakeGo in its sole discretion deems offensive. D. Accounts. During the registration process you will be asked to select a unique password for access to certain portions of the GoCakeGo Website. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under the password. You agree to immediately notify us of any unauthorized use of your password or account or any other breach of security and to ensure that you exit from your account at the end of each session. Please notify us at info@gocakego.com of any potential unauthorized use(s) of your account, or breach of security. E. Typographical Errors. In the event a product (including, but not limited to, a cake) is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge. F. Order Acceptance Policy. Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order. We shall automatically charge and withhold the applicable sales tax for orders to be delivered to addresses within Colorado. Each customer shall be solely responsible for all sales taxes, or other taxes, on orders shipped to any other state. H. Specials, Promotions and Sweepstakes/Contests. Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct as such additional rules will apply. I. Links and Search Results. The GoCakeGo Website may link to other sites operated by third parties. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may dversely affect your computer. By using the GoCakeGo Website to search for or link to another third party site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of the GoCakeGo Website to obtain search results and/or to link to a third party site. However, if you have a problem with a link from the GoCakeGo Website, please notify us at info@gocakego.com. We will investigate the link and take appropriate action. J. Violation of these Terms of Use. By using the GoCakeGo Website, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to your account with the GoCakeGo Website and to any services offered on the GoCakeGo Website, and may remove any content on the GoCakeGo Website you have provided (“User Content”) if we believe that the User Content violates or is inconsistent with these Terms of Use or their intent, that your conduct is disruptive, or you have violated the law or the rights of GoCakeGo or another user. By providing User Content to us, which includes submitting or uploading content or materials for use on the GoCakeGo Website, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable worldwide right in all languages and in perpetuity to use and exploit all or any part of the content and materials provided by you. We may publish and distribute any such submitted content or materials at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any communication, content or material submitted to us. Any communication or materials you send to us will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services. L. Compliance With Laws. GoCakeGo will not ship orders outside of the United States N. Feedback. O. Personally Identifiable Information. By submitting your name, company, e-mail address, classification, and any other personally identifiable information to us through the GoCakeGo Website, you hereby grant to GoCakeGo a royalty-free license to use and disclose this information in accordance with GoCakeGo's Privacy Policy. Please review GoCakeGo's Privacy Policy before submitting any personally identifiably information to GoCakeGo. You also grant to GoCakeGo a royalty-free license to use and disclose such information in connection with periodic mailings to you about GoCakeGo's products, services, and news (the “Mailings”). These Terms of Use shall apply to all such Mailings.
GoCakeGo does not allow orders to be edited or cancelled within forty-eight (48) hours of the requested delivery date. Q. Shipping and Delivery. GoCakeGo, in conjunction with our service providers, will attempt to deliver a product on the requested day. Our service providers do not telephone prior to delivering packages, and we cannot guarantee the time of delivery. GoCakeGo is not responsible for:
Free shipping offers are valid only on weekday deliveries to addresses within the Continental United States . R. Indemnity. You agree that you shall be solely responsible for any and all liabilities arising from: (i) your failure to comply with these Terms of Use; (ii) your use of the GoCakeGo Website, and/or (iii) any authorized disclosure (including, without limitation, your authorization that GoCakeGo disclose your personal information and credentials to our human resources department). You agree to hold GoCakeGo and GoCakeGo’s directors, officers, employees, agents, attorneys, subsidiaries, affiliates and sublicensees and each of their respective successors and assigns harmless from all damages, costs, expenses and other liabilities including, but not limited to, attorneys’ fees and expenses relating to any claim arising out or resulting from your access to the GoCakeGo Website or your use, disclosure or authorization for GoCakeGo to disclose any data or content thereon. S. Limited Warranty. GOCAKEGO GUARANTEES THAT YOU WILL BE COMPLETELY SATISFIED WITH ANY CAKE ORDERED ON THE GOCAKEGO WEBSITE. WITH RESPECT TO THE ABOVE GUARANTEE, OUR SOLE MAXIMUM LIABILITY WILL NOT BE MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT ITEMS, AS GOCAKEGO DEEMS APPROPRIATE AND AS SOON AS REASONABLY POSSIBLE. THE APPLICABLE GUARANTEE MUST BE BROUGHT WITHIN THIRTY (30) DAYS AFTER DELIVERY OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS. Except as expressly set forth above, you acknowledge that the goods and services are being provided on an “AS IS”, “AS-AVAILABLE” and “WITH ALL FAULTS” basis. The entire risk as to the quality and performance of the goods is with the buyer. Should the goods prove defective following their purchase, the buyer and not the manufacturer, distributor, or retailer assumes the entire cost of all necessary servicing or repair. GoCakeGo, its employees, subsidiaries and affiliates make no warranty as to the GoCakeGo Website and the entire risk is with you. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, GOCAKEGO, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CERTAIN CAKES MAY CONTAIN OR BE MANUFACTURED IN KITCHENS THAT HANDLE PEANUTS OR OTHER FOOD ITEMS WHICH CERTAIN PERSONS MAY BE ALLERGIC TO. PLEASE BE SURE TO READ THE LIST OF INGREDIENTS AND WARNINGS ON THE LABEL. T. Exclusion of Damages; Limitation on Liability. IN NO EVENT SHALL GOCAKEGO, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION CONTENT OR USE OF THE GOCAKEGO WEBSITE, INCLUDING, BUT NOT LIMITED TO LOSS OF OPPORTUNITY, LOSS OF DATA, LOSS OF SERVICES, LOSS OF PROFITS, LOSS OF REVENUE OR ANY OTHER DAMAGES, EVEN IF GOCAKEGO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING SHALL APPLY REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OF GOCAKEGO, ITS EMPLOYEES, SUBSIDIARIES AND AFFILIATES AND REGARDLESS OF WHETHER SUCH LIABILITY SOUNDS IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. U. General Provisions .
V. Contact. If you have any questions about the foregoing, please contact GoCakeGo at the following e-mail address: info@gocakego.com or mail us a letter to us at: Attn: Customer Service
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