Terms of Use

Last Modified: October 1, 2015

 

1. Acceptance of Terms of Use

Welcome to the website of Breadsmith, Inc. (“Breadsmith”, “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 http://www.breadsmith.com (the “Website”), including any content, functionality and services offered on or through the Website.

 

Please read the Terms of Use carefully before you start to use the Website. By accessing and using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at www.breadsmith.com/privacy-policy. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access and use the Website.

 

2. Changes to the Website

Each time you access or use of this Website, you agree to be bound by these Terms of Use, as amended from time to time with or without notice to you. All amendments to these Terms of Use are effective immediately when we post them and your continued use of this Website shall be deemed acceptance of the amended Terms of Use.

 

Breadsmith reserves the right to modify or discontinue the provision of this Website, and to remove any data you provide, either temporarily or permanently, at any time, without notice and without any liability towards you. Breadsmith will not be held responsible or liable for timeliness, removal of information, failure to store information, inaccuracy of information, or improper delivery of information.

 

3. Privacy Policy

Information that this Website may collect, including personal information, is subject to the terms of Breadsmith’s Privacy Policy.

 

4. Your Conduct

You agree that you are responsible for all information or data of any kind, whether text, photographs or graphics, video or other materials (“content”), made available publicly or privately, which you transfer to the Website. Breadsmith will not be responsible to you in any way for content you transfer to the Website, nor for any error or omission contained in such content or arising from the transmission of the content to the Website.

 

By using the Website, you explicitly agree that:

 

(a) you will not provide any content or conduct yourself in any way that may be construed as: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of the Website; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;

(b) you will not transmit, install, upload, or otherwise transfer any virus, program, destructive or deleterious programming routine, process, communication, or other item to the Website or related servers or networks;

(c) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;

(d) you will not collect or harvest any information about other users of the Website;

(e) you will not provide, and you will not use the Website to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use the Website to promote or operate any service or content; and

(f) you will not provide any content that may give rise to Breadsmith being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.

 

5. Submission of Content on the Website

By providing any content to the Website:

(a) you grant Breadsmith and its affiliates a worldwide, royalty-free, perpetual, non-exclusive right and license to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;

(b) you warrant and represent that you have all legal rights that may be necessary to grant Breadsmith the license specified in this Section 5;

(c) you acknowledge and agree that Breadsmith will have the right (but not obligation), at Breadsmith’s entire discretion, to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice.

 

6. Third-party Links

In an attempt to provide convenience to our visitors, Breadsmith may link to sites operated by third-parties. However, even if the third-party is affiliated with Breadsmith, Breadsmith has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Breadsmith. These linked sites are only for your convenience and therefore you access them at your own risk. Breadsmith does not control third-party web sites and is not responsible for the contents of any linked-to, third-party web sites or any hyperlink in a linked-to web site. Breadsmith does not endorse, recommend or approve any third-party web site hyperlinked from the Website. Breadsmith will have no liability for the content or use of the content available through such hyperlink.

 

7. Indemnification

You agree to indemnify and hold harmless Breadsmith and its representatives, affiliates, licensors, related parties, officers, directors, employees, and agents from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) arising out of your violation of these Terms of Use or your use of the Website.

 

8. Disclaimer of Warranties

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE AND OF ANY SERVICES OR CONTENT PROVIDED IS AT YOUR OWN RISK. SERVICES AND CONTENT ARE PROVIDED TO YOU “AS IS”, AND BREADSMITH EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS.

 

USE OF THE WEBSITE IS AT YOUR OWN RISK, AND BREADSMITH DOES NOT GUARANTEE THAT THE WEBSITE FUNCTIONS WILL NOT BE INTERRUPTED, THAT NO ERRORS WILL OCCUR, AND THAT NO COMPUTER VIRUSES OR OTHER HARMFUL CONTENT IS CONTAINED IN THE WEBSITE OR SERVERS. BREADSMITH SHALL HAVE NO LIABILITY FOR ANY VIRUSES, DAMAGE TO YOUR COMPUTER, LOSS OF DATA, FINANCIAL LOSS, OR ANY OTHER DAMAGES. ANY AND ALL EXPENSES RELATED TO NECESSARY SERVICES OR REPAIRS FOR SOFTWARE OR HARDWARE, COMPUTER VIRUSES, SOFTWARE CODE, AND ANY LOSSES OR DAMAGES RESULTING FROM USAGE OF THE WEBSITE, ARE YOUR SOLE RESPONSIBILITY.

 

9. Limitation of Liability; Release

IN NO EVENT WILL THE BREADSMITH, ITS AFFILIATES 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.

 

IN CONSIDERATION OF BEING PERMITTED TO ACCESS AND USE THE WEBSITE, YOU HEREBY RELEASE BREADSMITH, AND ITS AFFILIATES AND THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS AND DIRECTORS FROM ALL DAMAGES, LOSSES, LIABILITIES, COSTS AND EXPENSES OF ANY KIND, WHETHER KNOWN OR UNKNOWN, ARISING OUT OF OR IN CONNECTION WITH A DISPUTE BETWEEN YOU AND ANY THIRD-PARTY IN CONNECTION WITH THE WEBSITE.

 

10. Intellectual Property

Breadsmith, or its third-party content providers, own and shall retain all worldwide rights in the intellectual property of the Website, including, but not limited to, trademarks, inventions, ideas, trade secrets, the “look and feel” of the site, its color combinations, layout, and all other graphical elements, and the copyright in and to its original content. You should assume that everything you read or see on the Website is copyrighted or otherwise protected and owned by Breadsmith, or a third-party who licensed the right to use such content to Breadsmith. Unless otherwise expressly noted, nothing that you read or see on the Website may be copied, reproduced, modified, distributed, transmitted, republished, displayed, or performed for commercial use without the prior written consent of Breadsmith. 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 Breadsmith.

 

11. Applicable Law

You agree that these Terms of Use and any dispute arising out of your use of the Website will be governed by and construed in accordance with laws of the State of Wisconsin, without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Website shall be in the state or federal courts located in Wisconsin.

 

12. Miscellaneous Terms

(a) In the event that any provision of these Terms of Use is or becomes invalid or unenforceable, that provision (to the extent invalid or unenforceable) will be interpreted to reflect the original intention of Breadsmith in accordance with applicable law, and the remainder of these Terms of Use will continue in full force and effect.

(b) Breadsmith’s failure to insist upon or enforce strict performance of any provision of these Terms of Use will not be considered to be a waiver of any provisions or right, and all such provisions and rights will remain in full force and effect.

(c) You agree that any claim or cause of action you may have with respect to the Website must be filed within one (1) year after such claim or cause of action arose, otherwise such claim or cause of action will be forever barred, without regard to any contrary legislation.

(d) Breadsmith may assign its rights and obligations under these Terms of Use at any time. Upon any such assignment Breadsmith will be relieved of any further obligation.

(e) The Terms of Use and our Privacy Policy constitute the sole and entire agreement between you and Breadsmith with respect to the Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Website.

(f) Provisions surviving these Terms or Use are those which on their face affect rights and obligations after termination or expiration, including, without limitation Sections 7, 8, 9, 10, and 11.