Terms of Use

Last Updated and Effective As Of: 01.20.2009

By using this web site, you signify your agreement to all terms, conditions, and notices contained or referenced herein (the “Terms of Use”). If you do not agree to these Terms of Use please do not use this web site.

BakeMark USA LLC. (BakeMark) reserves the right, at its discretion, to update or revise these Terms of Use from time to time. BakeMark USA LLC will notify you by posting those changes on this page and updating the “Last Updated” date specified above.

Proprietary Rights

You acknowledge and agree that all content and materials available on this web site are protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Except as expressly authorized by BakeMark USA LLC, you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from such materials or content. Notwithstanding the above, you may print or download one copy of the materials or content on this web site on any single computer for your personal, non-commercial use, provided you keep intact all copyright and other proprietary notices. Systematic retrieval of data or other content from this web site to create or compile, directly or indirectly, a collection, compilation, database or directory without written permission from BakeMark USA LLC is prohibited. In addition, use of the content or materials for any purpose not expressly permitted in these Terms of Use is prohibited.

As noted above, reproduction, copying, or redistribution for commercial purposes of any materials or design elements on this web site is strictly prohibited without the express written permission of BakeMark USA LLC. Permission is granted only when certain limited criteria are met. For information on requesting such permission, please send correspondence to the email or mailing address at the end of these Terms of Use.

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.

Prohibited Content

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

By posting or submitting content to this web site, you grant BakeMark USA LLC and its affiliates, officers, employees, agents, representatives, owners, directors and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote the content in any form, anywhere and for any purpose. You further warrant and represent that you own or otherwise control all of the rights to the content and that public posting and use of your content by BakeMark USA LLC Company will not infringe or violate the rights of any third party. Notwithstanding the foregoing, BakeMark USA LLC agrees that it shall only use, reproduce, display, perform, adapt, modify, distribute, have distributed and promote any personally identifiable information submitted by you in accordance with our Privacy Policy or as otherwise authorized by you.

Disclaimer Of Warranties

ALL MATERIALS, INFORMATION, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NONINFRINGEMENT. BakeMark USA LLC DOES NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. NO ADVICE OR INFORMATION OBTAINED BY YOU FROM BakeMark USA LLC’ PERSONNEL OR THROUGH THIS WEB SITE OR BakeMark USA LLC’ SERVICES OR PRODUCTS SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS OF USE. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, AND THUS THESE EXCLUSIONS MAY NOT APPLY TO YOU.

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.

Indemnification

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.

International Use

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

These Terms of Use shall be governed by and construed in accordance with the laws of the State of Missouri without regard to its conflict of law principles. You expressly agree that the exclusive jurisdiction for any claim or action arising out of or relating to these Terms of Use or your use of this web site shall be filed only in the state or federal courts located in Los Angeles, California and you further agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action.

Severability and Integration

Unless otherwise specified herein, this agreement, together with our Privacy Policy constitutes the entire agreement between you and BakeMark USA LLC with respect to this web site and supersedes all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and BakeMark USA LLC with respect to this web site. If any part of these Terms of Use is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Termination

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.

Changes to Terms of Use

From time to time, BakeMark USA LLC may change these Terms of Use. Your continued use of this web site following the posting of any changes to the Terms of Use constitutes acceptance of those changes. BakeMark USA LLC will notify you by posting any changes on this page and updating the “Last Updated” date specified above. You may view the most current version at https://bakemark.com/terms-of-use/.

Contacting the Web Site

If you have any questions about this Terms of Use agreement, the practices of this web site, or your dealings with this web site, you can contact: