Last Updated and Effective As Of: 01.20.2009
User Contributions to the Web Site
There may be opportunities for you to contribute to this web site and to communicate with other users of this web site. The contents of this web site include, among others, uploading comments, articles, links, software, or other materials. BakeMark USA LLC is not liable or responsible for any content provided by the users or other third parties to or in connection with this web site or to other users of this web site by email (“User Content”). The contributions of third parties do not necessarily represent the view or opinions of BakeMark USA LLC. BakeMark USA LLC can not preview User Content before it appears or is sent to another user. Users can be held liable for any illegal or prohibited User Content they provide to this web site or to other users, including among other things, infringing, defamatory or offensive materials. However, if you discover this kind of material on the web site, please notify BakeMark USA LLC at . BakeMark USA LLC will investigate your claim and take action as BakeMark USA LLC deems appropriate.
The following is a partial list of the kind of Content or conduct which is illegal or prohibited on this web site. You agree not to supply or transmit on or through this web site any Content that:
Is patently offensive to the online community, such as Content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
Is or could be harmful to minors;
Harasses or advocates harassment of another person;
Involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
Promotes information that you know is false, misleading, or promotes illegal activities or conduct;
Interferes with or disrupts the service or servers or networks connected to the service, or disobeys any requirements, procedures, policies or regulations of networks connected to the service;
Is abusive, threatening, obscene, defamatory or libelous;
Is or promotes an illegal or unauthorized copy of another person’s work, such as providing pirated computer programs or links to them, or provides information to circumvent manufacture installed copy-protect devices;
Contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
Displays pornographic material of any kind;
Provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
Provides instructional information about illegal activities such as making or buying illegal weapons;
Violates someone’s privacy;
Provides or creates computer viruses;
Solicits passwords or other personal identifying information for commercial or unlawful purposes from other users;
Engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, pyramid schemes, etc.; and Involves sending unsolicited and/or unauthorized email to third parties.
User’s Grant Of Limited License
Disclaimer Of Warranties
Limitation Of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT BakeMark USA LLC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BakeMark USA LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), NO MATTER HOW THOSE DAMAGES WERE CAUSED OR AROSE. IN NO EVENT SHALL BakeMark USA LLC’ TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE) OR OTHERWISE EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS WEB SITE. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH YOUR USE OF THIS WEB SITE SHALL BE DOWNLOADED OR OBTAINED AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Upon BakeMark USA LLC’ request, you agree to defend, indemnify, and hold harmless BakeMark USA LLC and its affiliated companies, and their shareholders, employees, contractors, officers, agents, representatives, licensees and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this web site. BakeMark USA LLC reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with BakeMark USA LLC in asserting any available defenses.
BakeMark USA LLC makes no representation that materials on this web site are appropriate or available for use in locations outside the United States, and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this web site from other locations do so at their own initiative and are responsible for compliance with local laws.
Choice of Law and Forum
Severability and Integration
BakeMark USA LLC reserves the right, in its sole discretion, to terminate your access to all or part of this web site at any time, with or without notice.
Contacting the Web Site
BakeMark USA LLC
Attn: Web Master/Marketing
7351 Crider Avenue
Pico Rivera, CA 90660
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