TERMS OF USE

ATTENTION: By accessing or using this site, you agree to the terms of use. PLEASE READ THE TERMS OF USE CAREFULLY BEFORE USING THIS WEB SITE.  IF YOU DO NOT ACCEPT THE TERMS, PLEASE DO NOT USE THIS WEB SITE.

Use of Site.

Unless otherwise specified, the Cakes Across America, Inc. (CAA) Web Site is for your personal use. You may not modify, copy, distribute, transmit, display, reproduce, publish, license, create derivative works from, transfer, or sell any information obtained from CAA's Web Site. You may not modify reproduce or publicly display, perform, or distribute or otherwise use the materials at this Site for any public or commercial purpose.  Use of these materials on any other Web site is prohibited. The materials at this Site are copyrighted and any unauthorized use of any materials at this Site may violate copyright, trademark, and other laws.

Copyright and Trademarks

All trademarks, service marks, and trade names are proprietary to CAA.  The site design, logos, trademarks, trade names, catch phrases, graphics, text, etc. may not be used without the express written permission of CAA.  Use of materials on this site, including reproduction, modification, distribution, or republication, without prior written permission of Cakes Across America, Inc. is strictly prohibited.  All contents of the Cakes Across America Web Sites are: Copyright © 2000 Cakes Across America, Inc. P. O. Box 1717 Flagler Beach, FL 32136 U.S.A. ALL RIGHTS RESERVED

Disclaimer

THE INFORMATION, SERVICES, PRODUCTS, AND MATERIALS CONTAINED IN THIS SITE, INCLUDING, WITHOUT LIMITATION, TEXT, GRAPHICS, AND LINKS, ARE PROVIDED ON AN "AS IS" BASIS WITH NO WARRANTY.  CAA DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS, AND MATERIALS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED, WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  CAA does not warrant the accuracy and completeness of the materials at this Site.  CAA may make changes to the materials at this Site, or to the products and prices described in them, at any time without notice. The materials at this Site may be out of date, and CAA makes no commitment to update the materials at this Site. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

 Limitation of Liability.

IN NO EVENT WILL CAKES ACROSS AMERICA, ITS SUPPLIERS, OR OTHER THIRD PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL, DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS SITE, ANY WEB SITES LINKED TO THIS SITE, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH SITES, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Third Party Sites

This site may contain links to other sites on the Internet that are owned and operated by third party vendors and other third parties. You acknowledge that CAA is not responsible for the availability of, or the content located on or through, any external site.  Please contact the site administrator for third party sites if you have any concerns regarding links or content located on those sites.

No Unlawful or Prohibited Use.

As a condition of your use of the this Web Site, you warrant to CAA that you will not use the Web Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Web Site in any manner which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Web Site

User Submissions.

Other than personally identifiable information, which is covered under the Cakes Across America Online Privacy Statement, any material, information or other communication you transmit or post to this Site will be considered non-confidential and non-proprietary. CAA and its designees will be free to copy, disclose, distribute, incorporate and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or non-commercial purposes. You are prohibited from posting or transmitting to or from this Site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law.

Termination/Access Restriction.

CAA reserves the right, in its sole discretion, to terminate your access to any or all CAA Web Sites and the related services or any portion thereof at any time, without notice.

Modification of These Terms of Use.

CAA may revise these Terms at any time by updating this posting. You should visit this page from time to time to review the then-current Terms because they are binding on you. Certain provisions of these Terms may be superseded by expressly designated legal notices or terms located on particular pages at this Site.

General.

This agreement is governed by the laws of the State of Florida, U.S.A. You hereby consent to the exclusive jurisdiction and venue of courts in Flagler County, Florida, U.S.A. or the U.S. District Court for the District of Florida, in all disputes arising out of or relating to the use of the CAA Web Site. Use of the CAA Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and CAA as a result of this agreement or use of the CAA Web Site. CAA's performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of CAA’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by CAA with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provisions will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect. Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and CAA with respect to the CAA Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and CAA with respect to the Web Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to he same condition as other business documents and records originally generated and maintained in printed form.