Terms of Use - Wildflower

WILDFLOWER BREAD COMPANY WEB SITE TERMS OF USE AGREEMENT AND DISCLAIMER OF LIABILITY

Acceptance. Accessing or otherwise using this web site constitutes your acceptance of the terms of this Agreement. We may periodically change the terms of this Agreement, so please check this Agreement from time to time as your continued use of the site signifies your acceptance of any changed terms. You represent and warrant that you are authorized to enter into this Agreement and be bound by the terms of this Agreement.
Limitations on Your Use of the web site. Users who have accepted this Agreement are granted permission to use this web site for its intended purposes subject to the terms of this Agreement. Use of certain components of this web site may be subject to additional terms relating to privacy of personal information or other matters as may be provided in a separate agreement or policy. All such additional agreements are hereby incorporated into this Agreement. To the extent that such additional agreements and policies provide for additional restrictions on use of this web site, such restrictions shall be in addition to those provided under this Agreement. Certain sections of this web site may be restricted in which event use of those sections is prohibited unless specific permission to access those sections is given by us. This web site may be used only for your internal purposes. You agree to comply with this Agreement as it may be modified from time to time as set forth below. You also agree to comply with all applicable laws. Wildflower may cancel the permission for you to use all or any part of this web site at any time for any reason in the sole discretion of Wildflower. Your permission to use this web site shall automatically terminate in the event that you violate this Agreement. All provisions of this Agreement other than the permission to use this web site shall survive termination.
Our Intellectual Property. All contents of the web site are copyrighted by Wildflower and all rights are reserved. Wildflower Bread Company, the Wildflower logo, Food You Knead, and other Wildflower products and services referenced herein may also be either trademarks or registered trademarks of Wildflower in the United States and other countries. Except to the extent express written permission is given by us, you may not copy, reproduce or otherwise duplicate this web site, in whole or in part, or access or attempt to access any of our systems, programs, data or other information or content that is not made available for public use, or use any information on this web site other than for its intended purpose. Permission is hereby given to you to view, print or download information on this site that is made available for public viewing, printing or downloading, for your own internal use and not for republication, distribution, sale, transfer, preparation of derivative works or other use. Data mining, harvesting or similar collection of email addresses or other information on this web site is prohibited. If you believe that any content or other aspects of this web site infringe upon the rights of others, you should provide notice to us at the following address: 16059 North 82nd Street, Scottsdale, Arizona 85260-1800, in which event we may elect to investigate the matter further.
E-mail and Other Electronic Communications. When you visit the web site or send e-mails to us, you are communicating with us electronically, and by doing so you consent to receive communications electronically. We may communicate with you by e-mail or by posting notices on the web site. You agree that all agreements, notices and other communications we provide to you electronically satisfy any legal requirement that such communications be in writing.
Our Products. The products displayed on this site and available for purchase are available for delivery only within the United States and all prices on this web site are in U.S. dollars. We may change our available products and their prices on this web site at any time and without prior notice.
Links to Other web sites. This web site may contain advertisements for or information about third party providers of information, services and products and/or links to their web sites. The owners and affiliates of such providers are referred to in this Agreement as “Third Party Vendors”. Such advertisements, information and links shall not be construed as approval or endorsement of such vendors or their web sites. If you decide to deal with such vendors or visit such sites, you understand that it is subject to any applicable rules and policies of these Third Party Vendors including any applicable terms of use agreements or privacy policies of these Third Party Vendors. Third Party Vendors have no authority to act on our behalf or bind us, and we are not responsible for the actions of Third Party Vendors. You are responsible for taking such steps as you deem appropriate to evaluate Third Party Vendors and their services and products and otherwise protect your legitimate interests. Wildflower shall not be construed to be a party to any transactions that may be entered into between you and Third Party Vendors.
Links to Our web site. If a third party links to our web site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with us. In most cases, we are not aware that a third party has linked to our web site. Unless otherwise set forth in a written agreement between you and Wildflower, you are hereby granted a limited, revocable and nonexclusive right to create a hyperlink to the home page of our web site, provided that you adhere to the following: (i) you may not use any logo, graphic or trademark of Wildflower as part of the link without our prior express written permission, (ii) the appearance, position and other aspects of the link must not portray Wildflower, the web site, or Wildflower’s products or services in a false, misleading, derogatory or otherwise offensive manner, and must not damage or dilute the goodwill associated with Wildflower’s trademarks, (iii) you may only link to our home page, www.wildflowerbread.com, and not to any other page within the web site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your web site or organization is sponsored by, affiliated with, or associated with Wildflower in any way, and (v) you may not frame or utilize framing techniques to enclose all or any portion of the web site on your web site. Wildflower reserves the right to revoke its consent to any hyperlink at any time and in its sole discretion.
Security; Privacy. We strive to maintain the security of information provided in connection with this web site but cannot guarantee the security of any such information and we shall not be responsible for a compromise of User information. We have no obligation to store or maintain any information provided by or on behalf of you. Any information we collect will be subject to our Privacy Policy as it may be modified from time to time.
Changes to web site; Limitation of Availability. We may modify or discontinue any aspect or feature of this web site, including its content, functionality, hours of availability, the domain name addresses through which this web site is accessible, or the equipment needed for its use, at any time and for any reason in our sole discretion. The availability of this web site is subject to periodic downtime for maintenance and repairs and is subject to interruption due to causes beyond our reasonable control including computer viruses, failure of telecommunication links and failure of Internet infrastructure. You acknowledge and agree that we shall not be responsible for any interruptions of the availability of this web site.
Your Sole Remedy. In the event that you are dissatisfied with any aspect of this web site, your sole remedy shall be to discontinue use of this web site.
Disclaimer of Warranties. Although we strive to provide high quality content on this web site, we do not warrant or represent that: the content is accurate or complete, the content is free from technical accuracies or typographical errors, the content is up-to-date or current, the content is free from changes caused by third party, we have a duty to update any content, and your access to our web site will be free from interruptions, errors, computer viruses or other harmful components. THIS web site IS PROVIDED “AS-IS” WITH ALL FAULTS AND WILDFLOWER DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ALL WARRANTIES RELATING TO THIS web site, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, WARRANTIES AGAINST INFRINGEMENT OR INTERFERENCE WITH ENJOYMENT, OR WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. BY WAY OF ILLUSTRATION WITHOUT LIMITATION, WILDFLOWER DOES NOT WARRANT THAT THIS web site WILL FULFILL ANY USER’S PARTICULAR REQUIREMENTS, THAT ACCESS TO THIS web site WILL BE UNINTERRUPTED OR ERROR FREE OR THAT ANY INFORMATION OBTAINED THROUGH THIS web site IS ACCURATE. WILDFLOWER DOES NOT MAKE ANY WARRANTY REGARDING INFORMATION OBTAINED FROM ANY HYPERLINKED THIRD PARTY VENDOR.
Disclaimer of Liability. NEITHER WILDFLOWER NOR ANY OF ITS AFFILIATES, LICENSORS, PARTNERS, MANAGERS, SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR OTHER AGENTS SHALL HAVE ANY LIABILITY TO ANY USER OR THEIR PRINCIPALS AND AGENTS FOR ANY DAMAGES, WHETHER GENERAL, SPECIAL, DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL, INCLUDING ANY LOST PROFITS OR LOST SAVINGS, WHETHER OR NOT FORESEEABLE AND WHETHER BASED ON CONTRACT, TORT OR STATUTE. USER EXPRESSLY ACKNOWLEDGES AND AGREES THAT WILDFLOWER IS PROVIDING ACCESS TO THIS web site IN RELIANCE ON THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS AGREEMENT, AND FURTHER ACKNOWLEDGES AND AGREES THAT SUCH LIMITATIONS ARE REASONABLE. IN NO EVENT SHALL WILDFLOWER’S LIABILITY TO USER EXCEED THE FEES ACTUALLY PAID BY USER FOR USE OF THIS web site. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.
Choice of Law and Forum; Attorneys’ Fees; Indemnification. This Agreement shall be governed exclusively by its terms and by the laws of the State of Arizona as applied to contracts entered into in Arizona between Arizona residents without regard to the state’s rules concerning choice of law. You hereby expressly consent and agree to exclusive jurisdiction and venue in Maricopa County, Arizona with respect to any litigation arising out of or relating to this Agreement, provided that we may bring an action to enforce our rights in any forum having jurisdiction. In the event we are required to incur any attorneys’ fees or other expenses in connection with enforcing or defending our rights under this Agreement, you agree to reimburse us for such attorneys’ fees and expenses. Users also agrees to indemnify Wildflower against any and all claims and expenses, including attorneys’ fees, arising from the User’s use of the web site or breach of this Agreement.
Other Provisions. In the event that any provision of this Agreement is held to be invalid or unenforceable, the remainder of this Agreement shall continue in full force and effect, and the provision held to be invalid or unenforceable shall be automatically amended to most closely approximate the original provision on terms that are valid and enforceable and the court or other adjudicating authority holding such provision invalid or unenforceable shall make such amendment accordingly. This Agreement reflects the entire agreement of the parties relating to the subject matter hereof, and any prior understandings, agreements or representations related to such subject matter are hereby superseded. This Agreement shall control over any conflicting documents or information, including information on this web site, and shall be the sole source of any obligations of us. We may modify the terms of this Agreement from time to time by posting changes to this Agreement on this web site. No provision of this Agreement may be amended, modified or waived except as provided in the foregoing sentence. You agree to review this Agreement from time to time and comply with any changes. Any use of this web site after our posting of any such changes shall constitute your acceptance of this Agreement as modified. The terms of this Agreement constitute the mutual agreement of the parties and shall be construed neutrally and not for or against either party.