EFFECTIVE JANUARY 1, 2012
Welcome to nybakers.com. The New York Bakers ("NYB") provides website features to you subject to the following conditions. If you visit or shop at nybakers.com, you accept these conditions. Please read them carefully. The terms "you", "your", and "yours" refer to anyone accessing, viewing, browsing, visiting or using nybakers.com.
Privacy
Please review our Privacy Notice, which also governs your visit to nybakers.com, to understand what information we gather, how we gather it and how we use it.
Electronic Communications
When you visit nybakers.com or send e-mails to us, you are interacting with us electronically. By doing so, you are giving your consent to receive communications from us electronically, either by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
Intellectual Property
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, downloads, data compilations, and software, is the property of NYB or its content suppliers and protected by United States and international copyright laws. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to "fair dealing" under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other proprietary right.
You may not use any trademarks or trade dress belonging to NYB, including but not limited to graphics, logos, page headers, button icons, scripts, and service names, in connection with any product or service that is not NYB's, in any way that misrepresents that product or service as being NYB's, or in any way that negatively characterizes or discredits NYB. All trademarks not owned by NYB that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by NYB.
License and Site Access
NYB grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of NYB. This license does not give you the right to resell or use commercially nybakers.com or its contents; product assortments, listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, screen-scraping or similar data gathering and extraction tools.
You have a limited, revocable, and nonexclusive right to create a hyperlink to the nybakers.com home page so long as the link neither misrepresents NYB's product or service, nor in any way negatively characterizes or discredits NYB. You may not use any NYB logo or other proprietary graphic or trademark as part of the link without express written permission.
- You may not may not reproduce, duplicate, copy, sell, resell, visit, or otherwise exploit nybakers.com in whole or in part for any commercial purpose without NYB's express written consent.
- You may not frame or use framing techniques to enclose any trademark, logo, or other intellectual property belonging to NYB, including images, text, page layout, or form without NYB's express written consent.
- You may not use any meta tags or any other "hidden text" using NYB's name or trademarks without NYB's express written consent; any such unauthorized use terminates the permission or license granted by NYB.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for controlling access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. If NYB, in its sole discretion, believe that behavior associated with your account is in violation of any applicable law or of these Conditions of Use, or is harmful to the interests of other users, associates, or us, NYB reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders without notice. We also reserve the right to refuse an order from any customer for any reason.
Binding Contracts
nybakers.com is not intended for or directed to persons who are minors (defined as persons not legally permitted to enter into contracts). By registering with this site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract or, if you are not permitted to do so, you have the express permission from your parent or guardian and that information you provide to us is neither inaccurate, deceptive nor misleading.
We require that all purchases be made either (a) by individuals who can legally enter into binding contracts, or (b) by persons who are not legally permitted to enter into binding contracts, with the permission of a parent or guardian to purchase items from nybakers.com.
External Links
NYB is not responsible for the content of any sites that may be linked to or from nybakers.com or any bulletin board associated with us or nybakers.com. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from nybakers.com is independent from us, and we have no control over the content of that other website. In addition, a link to any other website does not imply that we endorse or accept any responsibility for the content or use of such other website.In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
Reviews, Comments, Communications, and Other Content
Visitors may post product reviews and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. NYB reserves the right (but not the obligation) to review all such content and remove or edit any such content that it adjudges inappropriate or in violation of applicable law.
If you do post content or submit material, and unless we indicate otherwise, you grant NYB a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant NYB and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify NYB for all claims resulting from content you supply. NYB has the right but not the obligation to monitor and edit or remove any activity or content. NYB takes no responsibility and assumes no liability for any content posted by you or any third party.
Risk of Loss
All items purchased from NYB are shipped under carrier contract. The risk of loss and title of items you purchase pass to you upon our delivery of those items to the carrier.
Returns, Refunds and Title
NYB does not take title to returned items until the item arrives at our warehouse. At our discretion, a refund may be issued without requiring a return. In this situation, you retain title to the refunded item. For more information about our returns and refunds policies and practices, please see Shipping & Returns.
Product Descriptions
NYB attempts to be as accurate as possible. However, NYB does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. In the event a product or packaging is not available, NYB reserves the right to substitute an equivalent product and/or alternate package size(s).
Notice on Collection of Sales Tax and User Waiver of Damages Owing to Error in Calculation of Tax
In states where we have no physical presence, we are not required to collect and remit sales tax for purchases you make on nybakers.com. However, many states require that their residents file a sales or use tax return for items purchased over the Internet. We urge you to familiarize yourself with the tax laws of your state and locality to determine your liability for sales or use tax on purchases made on nybakers.com. For purchases made for delivery in California, where sales tax is applicable, you will see the tax calculated on the checkout page before you are asked to confirm the purchase. .
We use reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but we do not guarantee the accuracy of the amount of the tax we represent to you as the tax owed. Minor errors may occur owing to our inability to accurately track multiple taxing districts, state and local “tax holidays,” the timing of rate changes or the application of certain taxes to categories of items we sell. As a result of any error, we may overcollect or undercollect your tax.
In consideration of our allowing you access to and use of nybakers.com, and in collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect and agree to hold harmless NYB, its owners, employees, agents and representatives, for any harm or other damages you may incur as a result of our error in calculating the taxes you owe for your purchases.
Applicable Law
By visiting nybakers.com, you agree that applicable federal law, and the laws of the state of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and The New York Bakers.
Site Policies, Modification, and Severability
Please review our other policies posted on this site, such as our Privacy Notice. These policies also govern your visit to nybakers.com. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
OUR ADDRESS
The New York Bakers
2934 National Ave., Suite D
San Diego, CA 92113
http://www.nybakers.com
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