Terms and Conditions
Effective January 1, 2019
Please take this opportunity to review the following disclosures and information about accessing and using the Community Bakers, LLC Online Services, including the Community Bakers, LLC Mobile App. If you are under the age of 18, you are not allowed to open a My Community Bakers, LLC Account or use the Community Bakers, LLC Mobile App and the Community Bakers, LLC Online Services.
E-SIGN Disclosure and Agreement for the Community Bakers, LLC Online Services
As part of your relationship with us, we want to ensure you have all of the information you need to effectively manage your MyCommunityBakers Account (as that term is defined in the Community Bakers, LLC Online Services Terms and Conditions below). We are required by law to give you certain information “in writing,” which means you are entitled to receive it on paper. We may, however, provide some of this information to you electronically, instead, with your prior consent. This E-SIGN Disclosure and Agreement for the Community Bakers, LLC Online Services (“E-SIGN Agreement”) describes how Community Bakers, LLC communicates with you electronically, provides additional detail about the Electronic Communications (as that term is defined below) that we provide you, and sets out hardware and software requirements you need to receive these Electronic Communications. Please review this E-SIGN Agreement as it applies to Electronic Communications and will be effective until expressly withdrawn by you.
Applicability of Consent
This E-SIGN Agreement applies to your use of any Community Bakers, LLC Website, mobile application, and online service or program (“Community Bakers, LLC Online Services”).
Receipt of Electronic Communications; Contact Information
Electronic Communications will be deemed received by you within 24 hours when such Electronic Communication is posted or sent to you. You agree that if Community Bakers, LLC sends you an Electronic Communication but you do not receive it because your primary email address on file is incorrect, out of date, blocked by your service provider, or you are otherwise unable to receive Electronic Communications, Community Bakers, LLC will be deemed to have provided the Electronic Communication to you. You may not be able to transact using your MyCommunityBakers Account until we receive a valid, working primary email address from you. If you use a spam filter or similar software that blocks or re-routes emails from senders not listed in your email address book, we recommend that you add Community Bakers, LLC to your email address book so that you can receive Electronic Communications by email.
Required Hardware and Software
You are responsible for maintaining all software and hardware necessary for receiving, viewing and maintaining record of the Electronic Communications. By your acceptance of this Agreement, you represent that you will maintain all hardware and software necessary to receive, view and maintain (including, but not limited to saving and/or printing) any Electronic Communications provided to you. You must have: (a) a valid email address on file with Community Bakers, LLC; (b) a computer, mobile device, tablet or similar device with internet access and current browser software and computer software that is capable of receiving, accessing, displaying, and either printing or storing Electronic Communications received from us; (c) and sufficient storage space to save Electronic Communications (whether presented online, within the Community Bakers, LLC Mobile App, in emails or .pdf) or the ability to print Electronic Communications. We will notify you if there are any material changes to the hardware or software needed to receive Electronic Communications from us. By giving your consent you confirm that you have access to the necessary equipment and are able to receive, open, and print or download a copy of any Electronic Communications for your records. You may print or save a copy of these Electronic Communications for your records as they may not be accessible online at a later date.
You are responsible for the installation, maintenance, and operation of your computer or electronic device. We are not responsible for any errors or failures from any malfunction of your computer or electronic device, for any virus, other problems or changes that may be associated with the use of your computer or electronic device, including, for example, the cost of your Internet service provider.
Additional copies of any Electronic Communication may be provided to you without charge by contacting Community Bakers, LLC within 90 days of the original date of the communication. You may also request paper copies of any electronic communication within 90 days of the communication by contacting Community Bakers, LLC at the address provided in Section 18.1, but Community Bakers, LLC reserves the right to assess a reasonable fee for providing such paper copies.
Withdrawal of Electronic Acceptance of Disclosures and Notices
You may withdraw your consent to receive Electronic Communications by contacting Community Bakers, LLC at the address provided in Section 18.1. If you fail to provide your consent to this E-SIGN Agreement, or if you withdraw your consent to receive Electronic Communications, Community Bakers, LLC reserves the right to either deny your application/registration for a MyCommunityBakers Account, restrict or close your MyCommunityBakers Account, or charge you additional fees for paper copies.
Federal Law; Termination and Changes
You acknowledge and agree that your consent to Electronic Communications is being provided in connection with a transaction affecting interstate commerce that is subject to the federal Electronic Signatures in Global and National Commerce Act (“E-SIGN Act”), and that you and we both intend that the E-SIGN Act apply to the fullest extent possible to validate our ability to conduct business with you by electronic means. We reserve the right, in our sole discretion, to discontinue the provision of your Electronic Communications, or to terminate or change the terms and conditions on which we provide Electronic Communications. We will provide you with notice of any such termination or change as required by law.
By providing your consent, you are also confirming that you have the hardware and software described above, that you are able to receive and review electronic records, and that you have an active email address for use. This consent applies to your use of the Community Bakers, LLC Mobile App and Community Bakers, LLC Website(s).
Agree or Decline
By clicking “I Agree” in to the Community Bakers, LLC Online Services Terms and Conditions below, you are agreeing to receive disclosures electronically as stated in this E-SIGN Agreement and you are agreeing to the following Community Bakers, LLC Online Services Terms and Conditions.
If you DO NOT want to consent to electronic delivery of disclosures,
PLEASE EXIT THE COMMUNITY BAKERS, LLC WEBSITE OR MOBILE APP NOW.
If you consent to electronic delivery of disclosures and the following Community Bakers, LLC Online Services Terms and Conditions, please click the “I Agree” button in the Community Bakers, LLC Website or Mobile App.
COMMUNITY BAKERS, LLC ONLINE SERVICES TERMS AND CONDITIONS
Effective January 1, 2019
PLEASE READ THE FOLLOWING COMMUNITY BAKERS, LLC ONLINE SERVICES TERMS AND CONDITIONS (THESE “TERMS”) CAREFULLY. THEY GOVERN YOUR ACCESS TO AND USE OF ANY COMMUNITY BAKERS, LLC WEBSITE, MOBILE APPLICATION, AND ONLINE SERVICE OR PROGRAM (“COMMUNITY BAKERS, LLC ONLINE SERVICES”). DOWNLOADING, INSTALLING, ACCESSING, OR USING THE COMMUNITY BAKERS, LLC ONLINE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS, AS THEY MAY BE AMENDED FROM TIME TO TIME. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT USE OR ACCESS THE COMMUNITY BAKERS, LLC ONLINE SERVICES.
THESE TERMS ARE BETWEEN YOU AND COMMUNITY BAKERS, LLC. IF YOU OPEN A MYCOMMUNITYBAKERS ACCOUNT OR DOWNLOAD THE COMMUNITY BAKERS, LLC MOBILE APP AND YOU DO NOT MEET THE MINIMUM AGE REQUIREMENT, COMMUNITY BAKERS, LLC IS NOT LIABLE FOR ANY OF YOUR SUBSEQUENT PURCHASES OR ACTIVITIES, INCLUDING, BUT NOT LIMITED TO, PURCHASE TRANSACTIONS.
IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS THE COMMUNITY BAKERS, LLC ONLINE SERVICES. OTHERWISE, YOUR ACCESS OF THE COMMUNITY BAKERS, LLC ONLINE SERVICES AND YOUR AGREEMENT TO THESE TERMS MEANS YOU HAVE ACCEPTED ALL OF THESE TERMS.
- What These Terms Cover. These Terms are entered into between you and Community Bakers, LLC and its affiliates and subsidiaries (collectively, “Community Bakers, LLC,” which may be referred to as “we,” “us,” or “our”) and govern your access to and use of the Community Bakers, LLC Online Services, which includes the programs, offers, content, information services, and features made available through any Community Bakers, LLC website, including CommunityBakers.com, and Community Bakers, LLC subsidiary sites (collectively, the “Community Bakers, LLC Websites”) and the Community Bakers, LLC mobile application (the “Community Bakers, LLC Mobile App” or “Mobile App”). The terms “User” and “you” refer to you. You must accept these Terms before you can use the Community Bakers, LLC Online Services. These Terms will be available for you to view at all times on the Community Bakers, LLC Website at www.CommunityBakers.com. Community Bakers, LLC may amend these Terms at any time in accordance with Section 12 of the Terms. As between you and Community Bakers, LLC, Community Bakers, LLC is solely responsible for the Community Bakers, LLC Online Services. Neither Apple, Inc. (Apple Store), Google, Inc. (Google Play for Android), nor any other app store or marketplace is responsible for the Community Bakers, LLC Mobile App or any of its contents.
2.1 Description of the Online Services. Community Bakers, LLC, through the Online Services, allows you to use most computers, tablets, or mobile devices to complete various functions related to: registering for and creating a MyCommunityBakers Account; loading of funds to your Community Bakers, LLC Virtual Gift Card account (defined in Section 4.6) linked to your MyCommunityBakers Account; conducting mobile payment transactions using the Mobile App at participating Community Bakers, LLC locations; and participating in the Community Bakers, LLC Rewards Program (discussed further below). You can establish a MyCommunity Bakers, LLC account (the “MyCommunity Bakers, LLC Account”) and load/reload funds to your Community Bakers, LLC Virtual Gift Card linked to the MyCommunityBakers, LLC Account using the valid payment method of your choice accepted by CommunityBakers, LLC. CommunityBakers, LLC, through the Online Services, also provides additional optional services, such as those related to the CommunityBakers, LLC Rewards Program, and allows you to participate in and/or receive certain promotional materials, offers, and coupons from Community Bakers, LLC. The payment and optional services (collectively the “Services”) are described in further detail in these Terms, and may be amended by Community Bakers, LLC in its sole discretion from time to time. Community Bakers, LLC requests that you not use the Online Services or Mobile App while driving.
2.2 Nutrition Disclaimer. The Community Bakers, LLC Websites or Mobile App will not provide nutrition information.
- Eligibility To Use Community Bakers, LLC Online Services.
3.1 User Representations. By entering into these Terms you represent that:
(a) You are at least 18 years of age and have the right, power and authority to enter into these Terms. If you are under the age of 18, you are not allowed to open a MyCommunityBakers Account or use the Mobile App and the Online Services.
(b) You agree to only create one MyCommunityBakers Account for yourself.
(c) All information provided by you to Community Bakers, LLC is correct and current, and you will update your MyCommunityBakers Account information with Community Bakers, LLC as soon as it changes.
(d) You will maintain the security of your MyCommunityBakers Account by not sharing your Login Credentials (including password, PIN or any other method used to log in) with others and restricting access to your MyCommunityBakers Account and your computer, tablet, and mobile device.
(e) You and the transactions you enter into using your MyCommunityBakers Account, the Community Bakers, LLC Websites and the Mobile App comply, and will continue to comply, with applicable laws and regulations.
(f) You will not use your MyCommunityBakers Account, the Community Bakers, LLC Websites or the Mobile App in connection with any fraudulent or illegal activity or in any manner which interferes with the operation of the Community Bakers, LLC Websites or Mobile App.
(g) You will use your MyCommunityBakers Account, the Community Bakers, LLC Websites and the Mobile App only in compliance with these Terms.
(h) The account with your mobile service provider for the mobile device and the account with your internet service provider for online access, either of which you are using to access the Community Bakers, LLC Online Services, is current and in good standing.
(i) You will not use your MyCommunityBakers Account, the Community Bakers, LLC Websites or the Mobile App outside of the United States or for any transaction requiring payment in foreign currency.
(j) If you are a business entity, you are authorized to do business in the jurisdictions in which you operate, and your employees are authorized to use the Community Bakers, LLC Online Services to bind you to these Terms and all transactions conducted with your user name and Login Credentials.
(k) You will promptly notify us if you discover or otherwise suspect any security breach or security compromise relating to your MyCommunityBakers Account, the Community Bakers, LLC Websites or the Mobile App.
(l) You will take responsibility for all activities that occur under your MyCommunityBakers Account and accept all risk of unauthorized access.
3.2 Device Identification Metrics. When the Community Bakers, LLC Online Services are utilized through the Community Bakers, LLC Website(s) or Mobile App, we may obtain and maintain certain electronic identification or log data that is automatically provided by your device including, but not limited to, the unique device identifier or mobile equipment identifier for your mobile device, Internet Protocol (IP) address, computer/mobile device operating system and browser type, type of mobile device, cookie data, cache data, and latitude and longitude of the device, if geo-location functionality has been enabled on your device (collectively, the “Device Identification Metrics”). This information is necessary as part of our ongoing efforts to detect and deter unauthorized or fraudulent use of, or abuse of, the Community Bakers, LLC Online Services and MyCommunityBakers Accounts.
- MyCommunityBakers, LLC Account Registration.
4.1 Your MyCommunityBakers Account. In order to obtain all of the Services provided on the Community Bakers, LLC Website(s) and in the Mobile App, you must create a MyCommunityBakers Account. In order to use the payment function of the Mobile App, you must register at least one valid payment method as described in Section 4.5 below (each a “Payment Method”). By registering a Payment Method with your MyCommunityBakers Account that is a either a credit, debit, or stored value account, or a third party mobile wallet account (such as Apple Pay® or Google Pay™) you authorize Community Bakers, LLC to take appropriate steps to validate the account. You will not be required to pay for any of the Community Bakers, LLC Payment Method account verification process.
4.2 MyCommunityBakers Account Creation; Payment Method Account Information; Accuracy of MyCommunity Bakers, LLC Account Information; You understand that to create your MyCommunityBakers Account, you will be asked to provide your name and certain other personal information, which may include, but may not be limited to, first and last name, address, zip code, valid email address, and telephone number. You may also use the “Sign Up With Facebook” or “Sign Up With Google+” function to create your MyCommunityBakers. If you use “Sign Up With Facebook” or “Sign Up With Google+”, Community Bakers, LLC will receive your public Facebook or Gmail profile information (including first and last name, email address, profile page information, gender and date of birth), and your current Facebook or Gmail profile picture will be included in your MyCommunityBakers Account. If you use the “Sign Up With Facebook” or “Sign Up With Google+” function you will not be able to unlink your social media account from your MyCommunityBakers Account. If you use the “Sign Up with Facebook” or “Sign Up With Google+” function you may be asked to provide additional information including, but not limited to, your email address, physical address, zip code and telephone number.
You understand that to add a Payment Method to your MyCommunityBakers Account, you will be asked to provide certain information, which may include, but may not be limited to, first and last name, billing address, zip code, CVV and expiration date. Community Bakers, LLC reserves the right, at any time and in its sole discretion, to limit the number of Payment Methods that may be associated with a MyCommunityBakers Account.
If you only have one Payment Method account, then the default Payment Method account will be that Payment Method account. If you have more than one Payment Method account, then the default Payment Method account will be the first Payment Method account you enter, unless you change the default Payment Method account within your MyCommunityBakers Account.
If you include a Payment Method account that is a separate third-party mobile wallet, such as Apple Pay® or Google Pay™, then you understand those third-party mobile wallets are governed by the separate terms and conditions of that particular mobile wallet, including management of separate payment accounts loaded into those mobile wallets. For example, using Apple Pay® with the Touch ID® function to pay is governed by the separate Apple Pay® terms and conditions, and not these Terms.
When you initiate a payment through your MyCommunityBakers, Account, we will send you an email confirming the load transaction and immediately bill your Payment Method account for the transaction amount you have selected. The initial load transaction will appear on your Payment Method account statement as “Community Bakers, LLC Digital Sale” or “Community Bakers, LLC Mobile Sale.”
You may also use the MyCommunityBakers Account automatic payment function by setting the default Payment Method account for automatic payments. We will send you an email notifying you when the automatic payment function has been turned on. We will also send you an email confirming each automatic payment transaction and bill your Payment Method account according to the automatic payment schedule you have selected. We will send you an email confirmation after each transaction to let you know your MyCommunityBakers Account has been paid. Each transaction will appear on your Payment Method account statement as “Community Bakers, LLC Digital Sale” or “Community Bakers, LLC Mobile Sale.” You can change your automatic payment preferences or de-activate the automatic payment feature at any time. To stop the automatic payment feature, you must log into your MyCommunityBakers Account and turn off the automatic payment feature. We will send you an email notifying you when the automatic payment function has been turned off. Your selection of the automatic payment function constitutes your ongoing authorization for recurring transactions using your Payment Method selected for automatic payment until you stop such automatic payment feature. Once the dollar value is loaded to your MyCommunityBakers Account, the transaction cannot be reversed.
You certify that all information you provide, including Payment Method account information, is accurate and complete. You agree to keep your information current by updating it as needed in your MyCommunityBakers Account or any other account you maintain with Community Bakers, LLC. If you cannot update the email address associated with your MyCommunityBakers Account on the Community Bakers, LLC Websites or in the Mobile App, you must contact Community Bakers, LLC Customer Care in one of the following ways:
Email: [email protected]
Physical mail: Community Bakers, LLC
13901 Midway Rd. Ste 102-322
Dallas, TX 75244
ATTN: Community Bakers, LLC Customer Care
Community Bakers, LLC reserves the right to suspend or terminate your MyCommunityBakers Account, in Community Bakers, LLC’s sole discretion, in the event you provide inaccurate, false, or incomplete information, or fail to comply with the MyCommunityBakers’ Account registration requirements.
Community Bakers, LLC may make personalized marketing messages, ads or offers to you through any medium, including social media, based upon: (a) your interaction with the Mobile App, our Websites, content, or Online Services; (b) information from activities such as your purchase and transaction history, including information about you gathered through Community Bakers, LLC; and (c) notifications, ads, offers or new Community Bakers, LLC location announcements or Community Bakers, LLC events based upon geo-location data collected from your mobile device through the Mobile App. Such information allows us to provide you with more useful and relevant notifications, ads, offers or announcements. We do not sell your personal information to unaffiliated third parties, but we do provide information to third parties, including the Third-Party Providers, for the delivery of notifications, ads, offers or announcements. Also, some third parties may provide us information about you from offline and online sources that we may use to provide you more relevant and useful notifications, ads, offers or announcements.
Community Bakers, LLC respects your privacy and you can opt out from receiving personalized marketing messages, ads and offers. However, the opt-out will apply only to the specific channel, browser or device from which you opt out. You will need to opt out separately from each channel (e.g., email, push notifications) and on all of your browsers and devices. Note that some Third-Party Providers may also make their own opt-out process available. Please note that for some channels, even if you choose to opt-out of receiving targeted advertising, you may still receive advertising about Community Bakers, LLC – it just will not be tailored to your interests.
4.4 Login Credentials.
(a) Upon creating your MyCommunityBakers Account, you must establish a username and password (your “MyCommunityBakers Account Login Credentials”). If you create your MyCommunityBakers Account using the “Sign Up With Facebook” or “Sign Up With Google+” option, then your Login Credentials will be the username you establish for the MyCommunity Bakers Account and your Facebook or Google+/Gmail password. You are solely responsible for safeguarding your MyCommunityBakers Account Login Credentials. You may choose to add a Community Bakers, LLC Mobile App PIN at any time by visiting the “Settings” portion of the Mobile App. Community Bakers, LLC also strongly encourages you to have a separate computer, tablet or mobile device authentication method, such as a password, passcode or fingerprint or facial authentication method (for example using Apple’s Touch ID® or Face ID® functions) necessary to unlock your computer, tablet or mobile device, as recommended by computer, tablet and mobile device manufacturers.
(b) When you use your MyCommunity Bakers, LLC Account to make a payment transaction at a participating Community Bakers, LLC location, you must enter the MyCommunityBakers Account Login Credential(s) required to initiate and approve such payment transaction. You are responsible for all activity that occurs under or in association with your MyCommunityBakers Account, including unauthorized payment transactions that result from your failure to safeguard your MyCommunityBakers Account Login Credential(s) required for payment transactions, or activity that occurs due to your failure to utilize either a Community Bakers, LLC Mobile App PIN or computer, tablet or mobile device password or passcode.
(c) Please be advised that once you have logged into your MyCommunityBakers Account, you will remain logged in until your Login Credentials expire or you actively log out. While logged in, your MyCommunityBakers Account may be used to conduct all activities offered in the MyCommunityBakers Account, including conducting payment transactions. Community Bakers, LLC strongly encourages you to use a Community Bakers, LLC Mobile App PIN, mobile device passcode or fingerprint or facial authentication if available to minimize the possibility of another individual using your computer or mobile device and your MyCommunityBakers Account to conduct payment transactions.
4.5 Accepted Payment Methods. You may register and provision any valid credit, debit, or stored value account, or third-party mobile wallet account, accepted by Community Bakers, LLC (each, a “Payment Method”) into your MyCommunityBaker Account. However, you should be aware that only certain Payment Methods are accepted by Community Bakers, LLC, and you may not be able to provision some of your existing Payment Methods into your MyCommunityBakers Account. For a list of accepted Payment Methods visit the Community Bakers, LLC Website at www.CommunityBakers.com. Community Bakers, LLC may, at any time, change or update the list of Payment Methods that you may provision to your MyCommunityBakers Account. Community Bakers, LLC is not a bank and does not offer banking services as defined by the United States Department of Treasury and under applicable law. Community Bakers, LLC also does not offer money service business services as defined by the United States Department of Treasury or money transmission services as defined under various state laws. Community Bakers, LLC will comply with all applicable law with regard to its Online Services. Community Bakers, LLC is not responsible for the processing of any payment you initiate through use of your MyCommunityBakers Account. You may add or remove a Payment Method from your MyCommunityBakers Account at any time by visiting the “Manage Payment” portion of the MyCommunityBakers Account.
4.6 Authorization to Charge Payment Method Account and MyCommunityBakers Account. By registering a Payment Method with your MyCommunityBakers Account for payment of funds to your MyCommunity Bakers, LLC Account, you authorize Community Bakers, LLC to charge to your Payment Method for such payment transactions.
4.8 Termination or Suspension of Your MyCommunityBakers Account. In the event that either you or Community Bakers, LLC terminates, cancels, or suspends your MyCommunityBakers Account, you will no longer be able to utilize your MyCommunityBakers Account on the Community Bakers, LLC Websites or in the Mobile App. Please contact us in one of the following ways to discuss your options, including transferring any remaining funds to a new MyCommunityBakers Account or refunding any amounts due:
Email: [email protected]
Physical mail: Community Bakers, LLC
PO Box 1234.
Dallas, TX 75214
ATTN: Community Bakers, LLC Customer Care
4.9 Illegal or Unauthorized Use of Your MyCommunityBakers Account; Lost or Stolen Computer, Tablet or Mobile Device. Community Bakers, LLC reserves the right, without liability, to suspend your MyCommunityBakers Account and prevent you from using the Online Services and Mobile App in the event Community Bakers, LLC believes a transaction has been made in violation of these Terms, is fraudulent or unauthorized, or has been made for criminal purposes. If Community Bakers, LLC believes, in its sole discretion, that your MyCommunityBakers Account has been used for unauthorized, illegal or criminal proposes, whether by you or by some other party, you give Community Bakers, LLC express authorization to: (a) share information related to use of your MyCommunityBakers Account, including transaction information and your personal information; (b) take necessary steps to detect or respond to instances of potential or actual fraud or other illegal activities; (c) respond to a law enforcement agency’s request for information or cooperation in an investigation; or (d) respond to judicial process or other valid government investigation process. In the event that your computer, tablet or mobile device is lost or stolen, you must immediately contact the issuing bank for all Payment Method cards or accounts you entered into your MyCommunityBakers Account for payment of funds (including any accounts included in any third-party mobile wallet you are using) in order to prevent unauthorized transactions. In addition, you should also contact Community Bakers, LLC directly to inform us that your computer, tablet or mobile device was lost or stolen and instructing us to deactivate your MyCommunityBakers Account. Such My CommunityBakers Account deactivation may take several days for us to implement, which is why you should contact the issuing bank(s) for your Payment Method(s) first. If you instruct us to deactivate your MyCommunityBakers Account due to your computer, tablet or mobile device being lost or stolen, and you have funds remaining on your CommunityBakers Account, you must follow the provisions of Section 4.8 of these Terms.
- Community Bakers, LLC Mobile App.
5.1 Mobile App and Software. The Community Bakers, LLC Online Services may be utilized through the Mobile App, which may be downloaded and installed onto your mobile device. Upon downloading the Mobile App to your mobile device, you will have the option to create a MyCommunityBakers Account. You may create a MyCommunityBakers Account according to Section 4 above. If you already have a MyCommunityBakers Account, you must log-in using your Login Credentials to use the Online Services. You agree that you will download and install any software updates for the Mobile App as they become available, and Community Bakers, LLC is not responsible for any functionality errors or issues the result from your failure to download and install any software updates for the Mobile App.
5.2 Compatible Mobile Device Operating System; Mobile Devices Generally. In order to use the Mobile App, you must have a compatible mobile device operating system that meets the specifications established by Community Bakers, LLC in its sole discretion. From time to time, Community Bakers, LLC may designate which mobile device operating systems are compatible, but as of the effective date of these Terms, compatible mobile device operating systems include Apple iOS and Android operating systems. In addition to having a compatible mobile device operating system, a mobile device that has been modified contrary to the manufacturer’s or mobile service provider’s software or hardware guidelines, including, but not limited to, disabling hardware or software controls (e.g. “jailbreaking”), is not a compatible device with the Community Bakers, LLC Online Services for purposes of these Terms. The use of any modified mobile device with the Community Bakers, LLC Online Services or Mobile App is a violation of these Terms and is grounds for the immediate termination of your Community Bakers, LLC Online Services, including your MyCommunityBakers Account, by Community Bakers, LLC without notice to you, in Community Bakers, LLC’s sole discretion. You understand and agree you are still subject to the terms and conditions of any agreement you have with any mobile service provider (e.g., AT&T, Verizon, Sprint, T-Mobile, etc.) or any app store or marketplace for the Online Services (e.g., Apple, Inc. (Apple iOS), or Google, Inc. (Android)), and these Terms do not amend or supersede any of those separate agreements. You understand that such services may provide for fees, charges, limitations and restrictions which might impact your use of the Online Services (e.g., data use charges, etc.), and you agree to be solely responsible for all such fees, charges, limitations and restrictions. You agree that only your mobile service provider is responsible for the performance and operation of its products and services, including your mobile device and the mobile service provider’s own network. You agree to resolve any problems with your mobile service provider without involving Community Bakers, LLC, Apple, Inc. (Apple iOS), Google, Inc. (Android), or any other operator of an app store or marketplace. You must comply with applicable third-party terms when using the Online Services (e.g., you cannot be in violation of your wireless provider agreement when using the Online Services).
These Terms supplement and incorporate, as applicable, either (a) the Apple, Inc. (“Apple”) Terms and Conditions (located at www.apple.com/legal/internet-services/itunes/us/terms.html) including, without limitation, the Licensed Application End User License Agreement provided therein (“Apple Terms”); or (b) the Google, Inc. (“Google”) Terms of Service (located at www.google.com/intl/en/policies/terms/) including, without limitation, the Google Play Terms of Service provided therein (“Google Terms”); and (c) other Community Bakers, LLC policies. If any of the provisions of the Apple Terms, Google Terms or any applicable Community Bakers, LLC policies conflict with these Terms, these Terms will control, solely to the extent such terms apply to the Mobile App. Community Bakers, LLC, not Apple, Google, or any other operator of an app store or marketplace, is solely responsible for the Mobile App and the content thereof.
5.3 Mobile Payments. You may elect to participate in certain functionality of the Mobile App which will allow you to use the Mobile App to purchase Community Bakers, LLC products at participating Community Bakers, LLC locations in the same manner as is possible (a “Mobile Payment”). Mobile Payment may be accepted at all company operated Community Bakers, LLC member locations. Community Bakers, LLC reserves the right at any time to discontinue Mobile Payment or change the location of stores accepting Mobile Payment. If you elect to use the Mobile Payment function, you will be asked to provide Community Bakers, LLC with your Payment Method account information (such as credit card or debit card, or other financial account or third-party mobile wallet information) and the billing address associated with such Payment Method as necessary to load and reload funds to the Community Bakers, LLC account linked to your MyCommunityBakers Account used for origination, processing and settlement of your payment transactions with participating Community Bakers, LLC locations. Your provision of a Payment Method and your action within the MyCommunityBakers Account of loading/reloading funds to your Community Bakers, LLC Virtual Gift Card constitutes your authorization for such transactions using your selected Payment Method, and also constitutes your authorization for Community Bakers, LLC to deploy card validation and anti-fraud measures.
- Ordering via the Community Bakers, LLC Website and Mobile App.
6.1 About Online Ordering. Through the Community Bakers, LLC Website(s) and Mobile App, you may be able to order and/or pay for menu items (the “Menu Items”) from a Community Bakers, LLC member (“Online Ordering”). To be able to order and pay for such Menu Items through Online Ordering via the Community Bakers, LLC Website(s), you must log in to your MyCommunityBakers Account or otherwise supply certain information relevant to your transaction, including, without limitation, your credit or debit card number, the expiration date of your credit or debit card, the name on your credit or debit card, your billing address, your zip code, and/or your Community Bakers, LLC physical gift card number. To be able to order and pay for such Menu Items through Online Ordering via the Mobile App, you must use one of the payment methods available in the Mobile App. YOU REPRESENT AND WARRANT THAT YOU ARE OF SUFFICIENT AGE AND HAVE THE LEGAL RIGHT TO USE ANY CREDIT OR DEBIT CARD OR OTHER PAYMENT METHOD UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Community Bakers, LLC the right to provide and transmit such information for purposes of facilitating the completion of transactions initiated by you or on your behalf. Community Bakers, LLC uses third party providers and may accept various third party services to process payments. For information regarding the use of physical coupons and special offers in conjunction with Online Ordering, see Section 8.3 of these Terms.
6.2 Menu Items in Online Ordering. All descriptions, images, features, specifications, products, and prices of Menu Items are subject to change at any time without notice. Every participating location may not have all Menu Items identified through Online Ordering. The inclusion of any Menu Item in Online Ordering does not imply or warrant that these Menu Items will be available. Images of Menu Items and packaging in Online Ordering are examples only and may not be identical to the Menu Items or packaging you receive from a member.
You agree to pay all charges incurred by you, on your behalf, or by your MyCommunityBakers Account through Online Ordering, at the price in effect when such charges are incurred. Because tax charges vary by locality, Community Bakers, LLC can only provide an estimated tax and total until your order is placed. Check your confirmation email for the exact total you will be charged. You are solely responsible for any taxes applicable to your transaction. YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE PURCHASING DIRECTLY FROM MEMBERS (AND NOT COMMUNITY BAKERS, LLC) AND THAT COMMUNITY BAKERS, LLC HAS NO RESPONSIBILITY ARISING OUT OF OR RELATED TO ANY MENU ITEMS THAT YOU PURCHASE FROM MEMBERS USING ONLINE ORDERING.
- Use of the Online Services and Mobile App.
7.1 Grant of License. Community Bakers, LLC either owns, or has licenses to, the Online Services, including the Community Bakers, LLC Websites and Mobile App, and the intellectual property rights associated with them. Some components of the Online Services, including the Mobile App, may be owned by third-party service providers (“Third-Party Providers”), but Community Bakers, LLC has a valid license, including the right to sublicense, from such Third-Party Providers. Community Bakers, LLC grants you, for personal use only on a computer, tablet, or mobile device owned or controlled by you as permitted by the Usage Rules contained in the Apple Terms, and in accordance with these Terms, a personal, limited, non-exclusive, revocable, non-transferable, royalty-free license, without the right to sublicense, to access and use the Online Services and Mobile App in accordance with these Terms (the “License”). This License includes use of the Websites, the Mobile App, and any software, programs, documentation, tools, internet-based or mobile-based services, components, and any updates, including, but not limited to, software maintenance, Service information, help content, bug fixes and maintenance releases provided to you by Community Bakers, LLC. The Community Bakers, LLC Online Services are subject to the intellectual property rights of Community Bakers, LLC and any Third-Party Providers and their respective licensors, existing under any foreign, state or local laws or regulations, now or hereinafter in force and effect, and in any jurisdiction worldwide, including, without limitation, patent law, industrial rights law, copyright law, moral rights law, trade secret law, trademark law (together with all of the goodwill associated therewith), unfair competition law, publicity rights law, or privacy rights law, and any and all other proprietary rights whether under statutory or common law (or otherwise), and any and all national, foreign, and state registrations, applications, renewals, extensions and restrictions of any of the foregoing.
7.2 Prohibited Use. You must comply with all laws, rules and regulations applicable to your use of the Online Services, including the Mobile App. You may not create links (hyper-links) to the Community Bakers, LLC Websites without first obtaining permission in writing from Community Bakers, LLC. You will not, and will not permit any third party to, do or attempt to do any of the following: (a) access or monitor any material or information in the Online Services, including the Mobile App, using any manual process or robot, spider, scraper or other automated means; (b) copy, reproduce, alter, modify, create derivative works, publicly display, republish, upload, post, transmit, resell, loan or distribute any material or information provided to you by Community Bakers, LLC; (c) use the Online Services, including the Mobile App, in any manner that would interfere with the rights of any third party; (d) take any action that could compromise the security of the Online Services or Mobile App; (e) violate the restrictions in any robot exclusion headers in any aspect of the Online Services or Mobile App, work around, bypass, or circumvent any of the technical limitations of the Online Services or Mobile App, use any tool to enable disabled features or functionalities of the Online Services or Mobile App, or decompile, disassemble or otherwise reverse engineer the Online Services or Mobile App; (f) transfer any rights granted to you under these Terms; (g) perform or attempt to perform any actions that would interfere with the proper working of the Online Services or Mobile App, prevent access to or use of the Online Services or Mobile App by other users, or impose an unreasonable or disproportionately large load on Community Bakers, LLC’s infrastructure, including but not limited to excessively high volume data transfers or bandwidth use; or (h) encourages any conduct that would constitute a criminal offense or that gives rise to civil liability; (i) violates these Terms; (j) attempts to damage, disable, overburden or impair Community Bakers, LLC’s servers or networks; (k) impersonate any person or entity or otherwise misrepresent your identity or affiliation with another person or entity; (l) fail to comply with applicable third party terms or otherwise use the Online Services or Mobile App except as permitted by these Terms (collectively, “Prohibited Use”). Community Bakers, LLC reserves the right, in its sole discretion, to terminate any User license granted under Section 7.1, terminate any User’s participation in the Online Services or Mobile App, remove any content, or assert legal action with respect to any content or use of the Online Services or Mobile App that Community Bakers, LLC reasonably believes is or might be in violation of these Terms, Apple Terms, Google terms or the terms of any other app store or marketplace, or other applicable Community Bakers, LLC policies. Community Bakers, LLC’s failure or delay in taking such actions does not constitute a waiver of its rights to enforce these Terms.
7.3 User Content and Data. “User Generated Data” means any and all information that is generated by your use of the Online Services or Mobile App, including automatic reporting and other tools that give you the ability to create, post and distribute various forms of content for and in connection with the Online Services or Mobile App, including, but not limited to, payment transaction data, pictures, photographs, videos, and other information, including content generated by you. For pictures, photographs and videos, the User Generated Data includes only those pictures, photographs and videos that you take through the Online Services or Mobile App, and does not include those pictures, photographs and videos you take via the standard functions on your mobile device, or that you take through any other app not related to Community Bakers, LLC.
(a) You may have the opportunity to upload photos and post comments, information and materials to the Online Services or Mobile App (“User Content”). You represent that you will not contribute User Content to the Online Services or Mobile App unless you have created it or have express permission from the creator or copyright owner to do so. By contributing User Content to the Online Services or Mobile App, you grant Community Bakers, LLC, its parents, subsidiaries, affiliates and successors a worldwide, perpetual, irrevocable, non-exclusive, fully paid, royalty free, sub-licensable right to use, modify, reproduce, adapt, publish, prepare derivative works from, distribute and publicly display any User Content contributed by you.
(b) Special Terms Applicable To Our Use Of Your Posts, Tweets And Other Social Media Communications. By allowing us to use your post or tweet, you are agreeing to the following additional terms and conditions. Please read them carefully and only give us permission to use your post or tweet if you agree with them. You represent to us that you are at least 18 years of age. By giving us permission to use your post or tweet, you agree that we may, at our discretion, use your real or social media user name and the content of your post or tweet (including all accompanying images) on our Websites to promote our company, products and services for such time period as we wish. You give us the right to edit your post or tweet for brevity, clarity and the like and to modify any image in any manner we deem necessary to use it on our Websites. You will not have the advance right to review or approve what we post on our Websites. You represent to us that you have all rights needed to grant this permission to us. For example, if an image you included with your post depicts persons other than yourself, the other people in the image must have given you unrestricted permission to allow us to post the image on our Websites. You will not receive any compensation for granting us the above rights. We agree that you may withdraw the permission you have given us at any time by sending us an email at [email protected]. We will remove your post or tweet (including accompanying images) reasonably promptly after receiving your email.
(c) You may not, and represent and warrant that you will not, contribute any User Content that: (i) is false, misleading, unlawful, obscene, indecent, lewd, pornographic, defamatory, disparaging, libelous, threatening, predatory, harassing, hateful, racially or ethnically offensive, abusive, inflammatory, or is otherwise objectionable or inappropriate; (ii) promotes or encourages conduct that is illegal or would give rise to civil liability; (iii) breaches any duty toward, or rights of, any person or entity, including rights of publicity or privacy; (iv) contains corruptive data or any other harmful, disruptive, or destructive files; (v) is “spam” or contains direct marketing communications, unsolicited advertising, promotional materials or other forms of solicitation or commercial content; (vi) poses or creates a privacy or security risk to any person; (vii) in Community Bakers, LLC’s sole discretion, is objectionable, restricts or inhibits any person or entity from using or enjoying any aspect of the Online Services or Mobile App, or which may expose Community Bakers, LLC, its parents, subsidiaries, affiliates or other Online Service or Mobile App users to harm or liability; or (viii) is an impersonation of, or attempt to impersonate, another person. Community Bakers, LLC reserves the right, but shall have no obligation to, screen, edit, remove or disable any User Content at any time and for any reason without notice. You acknowledge that by using the Online Services, you may be exposed to User Content that is offensive, indecent or objectionable. Community Bakers, LLC has no duty to pre-screen User Generated Data or User Content. Community Bakers, LLC has the right to edit, remove, block or refuse to post any submitted User Generated Data or User Content from any network or Internet site for any reason without prior notice, but assumes no obligation to do so and is not responsible for any failure or delay in doing so. You agree that Community Bakers, LLC shall not have any responsibility for or liability with respect to any User Content posted by you or others, and Community Bakers, LLC expressly disclaims any and all liability in connection with any User Content or User Generated Data.
(d) You may have the opportunity to provide feedback, comments, suggestions, and ideas concerning use of, or suggested improvements or enhancements to, the Community Bakers, LLC Online Services or Mobile App (“Feedback”). Feedback may also include your responses to surveys or other reporting. Community Bakers, LLC and its authorized Third-Party Providers may obtain information from you regarding the use of the Online Services or Mobile App, including information such as payment transaction data, advertising and offer redemption, mobile usage or patterns, online activities or any other activities conducted through your use of the Online Services or Mobile App. You agree that your Feedback is provided gratuitously, unsolicited and without restriction. Community Bakers, LLC shall have no duties or obligations with respect to Feedback provided by you. Community Bakers, LLC shall be entitled to use and disseminate any Feedback for any purpose, in its discretion, without any compensation to you.
7.4 User Permission for Autodialed Calls, Prerecorded Calls, Text Messages, Push Notifications, and E-Mail. You grant Community Bakers, LLC express written consent to send you autodialed and/or prerecorded message calls and text messages from Community Bakers, LLC, and Third-Party Providers acting on Community Bakers, LLC’s behalf, to any mobile telephone number you provide to Community Bakers, LLC, regardless of your registration of your mobile device number on any state or federal “do not call” registry. Your express, written permission applies to calls and messages regarding the Community Bakers, LLC payment transaction and Online Services. For example, we may call or send you a message if your Payment Method has been declined.
Community Bakers, LLC will send push notifications to you through the Mobile App regarding Services-related information. You may also choose to allow Community Bakers, LLC to send you push notifications regarding marketing, including information on special offers and promotions. To turn marketing-related push notifications on or off at any time, just visit the “Settings” portion of the Mobile App. Please note that even if you turn off marketing-related push notifications, we will continue sending you Services-related push notifications until you uninstall the Mobile App.
By providing your email address to Community Bakers, LLC, you agree that Community Bakers, LLC, and those Third-Party Providers acting on Community Bakers, LLC’s behalf, will email your MyCommunityBakers Account registration information and other information related to the Services. When you create your MyCommunityBakers Account, for your convenience, the option to be added to the Community Bakers, LLC email distribution list has been toggled “on.” If you choose to have Community Bakers, LLC add your email address to the Community Bakers, LLC email distribution list you can simply leave this toggle in the “on” position when you create your MyCommunityBakers Account, and making this selection means you agree that Community Bakers, LLC, and those Third-Party Providers acting on Community Bakers, LLC’s behalf, may email you special offers, promotions, and other marketing related emails. You can choose not to be on the Community Bakers, LLC email distribution list by toggling the option “off” when you create your MyCommunity Bakers, LLC Account, or you can remove your email address from the Community Bakers, LLC email distribution list at any time by visiting the “Settings” portion of the Website or Mobile App, or by clicking the “Unsubscribe” button at the footer of any Community Bakers, LLC email. Please note that even if you remove your email address from the Community Bakers, LLC email distribution list, we will continue sending you Services-related information until you delete your MyCommunity Bakers, LLC Account or uninstall the Mobile App.
With regard to any text messages, push notifications, or emails relating to the Services, Community Bakers, LLC will not include any full Payment Method account numbers, access codes, or similar non-public personal information in any such message, alert, or email.
7.5 Refer to the Community Bakers, LLC Website(s) for additional details regarding purchases of products from the Community Bakers, LLC Website(s). By placing an order for products through the Community Bakers, LLC Website(s), you agree to by bound by and accept the information accessible at the “Community Bakers, LLC page at the time of such order, as well as the following terms:
(a) All prices are shown in U.S. dollars. All items are subject to availability and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. All prices are subject to change without notice, and you agree that taxes may be adjusted from the amount shown on the payment screens;
(b) If for some reason an item on your order is temporarily out of stock, we will back order that item for you and ship the other merchandise immediately. Items on back order will be charged when the items are actually shipped, along with applicable taxes and shipping charges;
(c) We attempt to be as accurate as possible; however, we do not warrant that all product descriptions, photographs, pricing or other information on the Community Bakers, LLC Website(s) are accurate, complete, current or error-free. If a product is not as described or pictured, your sole remedy is to return it in an unused condition for a refund. In the event of an error, whether on the Community Bakers, LLC Websites, in an order confirmation, in processing an order, in delivering a product or otherwise, we reserve the right to correct such error and revise your order accordingly or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund;
(d) COMMUNITY BAKERS, LLC WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INCIDENTAL, INDIRECT OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY, EXCEPT AS EXPRESSLY PROVIDED HEREIN. TO THE FULL EXTENT PERMITTED BY LAW, COMMUNITY BAKERS, LLC’S LIABILITY SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID FOR THE PURCHASE OF PRODUCTS FROM THE COMMUNITY BAKERS, LLC WEBSITES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU; and
(e) Community Bakers, LLC products may be returned or exchanged in accordance with the policies described on the Community Bakers, LLC Websites. THIS IS THE ONLY GUARANTEE OR WARRANTY YOU GET FROM COMMUNITY BAKERS, LLC RELATING TO THE PRODUCTS YOU PURCHASE. COMMUNITY BAKERS, LLC MAKES NO OTHER, AND EXPRESSLY DISCLAIMS ALL OTHER, REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER IN WRITING, IMPLIED OR STATUTORY, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE, OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. PRODUCTS ARE PROVIDED BY COMMUNITY BAKERS, LLC “AS IS” AND WITHOUT WARRANTY OF ANY KIND.
- Intellectual Property (Including Marks).
8.1 Intellectual Property Rights of Community Bakers, LLC and Third Parties. Community Bakers, LLC either owns, or has licensed, all U.S. legal right, title and interest in and to the Online Services and Mobile App, including, but not limited to, any trademark, copyright, patent, trade secret, trade dress, service marks and other worldwide intellectual property rights as they relate to the Online Services (the “Intellectual Property”). These Terms do not grant you any rights with respect to the Intellectual Property. Community Bakers, LLC, the Community Bakers, LLC logo, and other Community Bakers, LLC trademarks, service marks, graphics and logos used in connection with the Online Services are trademarks or registered trademarks of Community Bakers, LLC, its parents or affiliates (collectively, “Community Bakers, LLC Marks”). Other trademarks, service marks, graphics and logos used in connection with the Online Services are the trademarks of their respective owners (collectively, “Third Party Marks”). The Community Bakers, LLC Marks and Third Party Marks may not be copied, imitated, or used, in whole or in part, without the prior written permission of Community Bakers, LLC or the applicable trademark holder. The Online Services and all content are protected by copyright, trademark, patent, trade secret, international treaties, laws and other proprietary rights and also may have security components that protect digital information only as authorized by Community Bakers, LLC or the owner of the content.
8.2 Copyright Infringement. Community Bakers, LLC reserves the right to terminate your access to the Online Services, including your MyCommunity Bakers, LLC Account and the Mobile App, in the event you infringe on any copyright rights of Community Bakers, LLC or any third party. Community Bakers, LLC also reserves the right to remove any User Content or any other material posted by a User that is alleged to infringe the copyrights of others. If you believe that any material posted to any of the Online Services or Mobile App constitutes copyright infringement, you should provide the following information to Community Bakers, LLC at the address provided in Section 18.1 below: (a) the signature of the person authorized to act on behalf of the owner of the copyright that is allegedly being infringed; (b) a description of the copyright-protected work that is allegedly being infringed; (c) the location of such material in the Online Services or in Mobile App; (d) your address, telephone number, and email address; (e) a written statement by you stating your good faith belief that the use of the allegedly infringing material is not authorized by the copyright owner or applicable law; and (f) a written statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are authorized to act on the copyright owner’s behalf. By submitting this notice, you agree that Community Bakers, LLC may provide the information provided by you to the person who posted the allegedly infringing material. In the event that any material that you posted to any of the Online Services or Mobile App is removed by Community Bakers, LLC, you may send to Community Bakers, LLC at the address provided in Section 18.1 a counter-notice containing the information required by 17 USC § 512(g)(3), which Community Bakers, LLC will forward to the party who alleged the infringement. In the event that the party who alleged the infringement does not file any action seeking a court order to restrain you from engaging in the infringing activity within ten (10) business days of receiving the counter-notice, Community Bakers, LLC may, in its sole discretion, reinstate the removed material.
- Third Party Content, Applications, Products and Services (including Advertising and Promotions). Community Bakers, LLC may provide third party content in the Online Services and Mobile App (including embedded content) or links to our Third-Party Providers, other third party vendors or other third party content, applications, products and services, including advertisements and promotions (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content, including that the inclusion of any link does not imply affiliation, endorsement or adoption by Community Bakers, LLC of any application or any information contained therein, and can make no guarantees as to its accuracy or completeness. You acknowledge and agree that Community Bakers, LLC is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update and review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk. When you use other applications via Third Party Content, or participate in promotions or business dealings with third parties, you should understand that our Terms and policies no longer govern, and that the terms and policies of those Third Party applications will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any application to which you navigate from the Online Services or our Mobile App.
Community Bakers, LLC may, in its sole discretion, change, modify or amend these Terms at any time and will generally provide you prior notice of such change by electronic communication in accordance with the terms of your E-SIGN Agreement. Such changes for which prior notice is given will become effective after being posted or sent to you in the manner set forth in your E-SIGN Agreement. However, Community Bakers, LLC reserves the right to modify or discontinue, temporarily or permanently, all or a portion of the Mobile App and related Online Services without prior notice (e.g. to prevent fraud, to comply with applicable law or to reflect changes to our ingredients listed). Your continued use of the Online Services, including the Mobile App, after the effective date of any such changes made by Community Bakers, LLC, with or without prior notice, will constitute your acceptance of the changes. In the event you do not agree with any such changes, your sole and exclusive remedy is to terminate your use of the Online Services or Mobile App.
11.1 Your Right to Terminate. You may terminate these Terms and your use of the Online Services, including the Mobile App, at any time by deactivating your MyCommunityBakers Account.
11.2 Community Bakers, LLC’s Right to Terminate. Community Bakers, LLC may terminate these Terms by terminating your access to the Online Services, including closing your MyCommunityBakers Account at any time and for any reason, in its sole and absolute discretion without liability. Community Bakers, LLC may also suspend the Online Services or your MyCommunityBakers Account if Community Bakers, LLC determines, in its sole discretion, that you (a) have violated these Terms, (b) pose a fraud or other legal risk to Community Bakers, LLC, or (c) have provided false, incomplete, inaccurate or misleading information or have otherwise engaged in fraudulent or illegal conduct.
11.3 Effect of Termination. Upon termination of these Terms and your use of the Online Services, including the Mobile App, the license granted to you under these Terms will immediately end and you must immediately stop using the Online Services and Mobile App. Community Bakers, LLC will have the right to deactivate your MyCommunityBakers Account if you have not already done so. Upon termination, you will remain liable for all payment transactions and other fees you initiated prior to the time of termination. Community Bakers, LLC will not be liable to you or any third party for compensation, reimbursement, or damages arising in connection with your use of the Online Services or Mobile App or in connection with the termination or suspension of your use of the Online Services or Mobile App.
- Disclaimer of Warranties.
12.1 Disclaimer of Community Bakers, LLC Warranties. THE ONLINE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THROUGH COMMUNITY BAKERS, LLC, IS PROVIDED ON AN “AS IS”, “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, COMMUNITY BAKERS, LLC, ITS PARENTS, SUBSIDIARIES AND AFFILIATES, MAKE NO REPRESENTATIONS AND DISCLAIM ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THE ONLINE SERVICES OR MOBILE APP, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS AND INFORMATION MADE AVAILABLE ON, PROVIDED IN CONNECTION WITH OR ACCESSIBLE THOUGH THE ONLINE SERVICES OR MOBILE APP, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, COMMUNITY BAKERS, LLC, ITS PARENTS, SUBSIDIARIES AND AFFILIATES DO NOT WARRANT THAT ANY CONTENT OF THE ONLINE SERVICES OR MOBILE APP IS ACCURATE, RELIABLE OR CORRECT; THAT THE ONLINE SERVICES OR MOBILE APP WILL MEET YOUR REQUIREMENTS; THAT YOUR USE OF THE ONLINE SERVICES OR MOBILE APP WILL BE UNINTERRUPTED OR ERROR FREE; THAT THE ONLINE SERVICES OR MOBILE APP WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECT OR ERRORS WILL BE CORRECTED; OR THAT THE ONLINE SERVICES OR MOBILE APP IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. COMMUNITY BAKERS, LLC SHALL NOT BE RESPONSIBLE FOR ANY SERVICE INTERRUPTIONS, INCLUDING, BUT NOT LIMITED TO, SYSTEM FAILURES OR OTHER INTERRUPTIONS THAT MAY AFFECT THE RECEIPT, PROCESSING, ACCEPTANCE, COMPLETION OR SETTLEMENT OF PAYMENT TRANSACTIONS INITIATED BY YOU THROUGH THE ONLINE SERVICES OR MOBILE APP. COMMUNITY BAKERS, LLC SHALL NOT BE RESPONSIBLE FOR ANY ADVERSE EFFECTS OF PROBLEMS CAUSED BY THE MOBILE APP RUNNING ON YOUR PARTICULAR MOBILE DEVICE. IF YOU ARE DISSATISFIED WITH THE ONLINE SERVICES OR MOBILE APP, ANY CONTENT THEREON OR THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE ONLINE SERVICES OR MOBILE APP.
12.2 Disclaimer of Warranties Related to Third Parties. COMMUNITY BAKERS, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY OR LIABILITY FOR ANY PRODUCT OR SERVICE OFFERED BY A THIRD PARTY THROUGH THE ONLINE SERVICES OR MOBILE APP. In the event of any failure of the application to conform to any applicable warranty, you may notify Apple, Google, or any other app store or marketplace, and Apple, Google or the operator of any other app store or marketplace will refund the purchase price for the Mobile App to you and, to the maximum extent permitted by applicable law, Apple, Google or the operator of any other app store or marketplace will have no other warranty obligation whatsoever with respect to the Mobile App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Community Bakers, LLC’s sole responsibility. Additionally, Apple, Google or the operator of any other app store or marketplace has no obligation whatsoever to furnish any maintenance and support services with respect to the Mobile App. Community Bakers, LLC, not Apple, Google or the operator of any other app store or marketplace, is responsible for addressing any of your claims any third party claims relating to this Mobile App.
- Limitation of Liability.
UNLESS OTHERWISE PROHIBITED BY LAW, IN NO EVENT SHALL COMMUNITY BAKERS, LLC, ITS PARENTS, SUBSIDIARIES OR AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, OWNERS, EMPLOYEES OR AGENTS (THE “COMMUNITY BAKERS, LLC PARTIES”) BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE, INCIDENTAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES WHICH MAY BE INCURRED IN CONNECTION WITH THE USE, INABILITY TO USE, OR UNAVAILABILITY OF THE ONLINE SERVICES OR MOBILE APP. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED DAMAGES ARE BASED ON A CLAIM OR ACTION IN CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORT, BREACH OF DUTY, INDEMNITY, CONTRIBUTION OR OTHERWISE, EVEN IF THE COMMUNITY BAKERS, LLC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. UNLESS OTHERWISE PROVIDED FOR IN THESE TERMS, IN NO EVENT SHALL THE COMMUNITY BAKERS, LLC PARTIES’ TOTAL CUMULATIVE LIABILITY ARISING FROM OR RELATED TO THESE TERMS AND THE USE OF THE ONLINE SERVICES OR MOBILE APP EXCEED THE TOTAL DOLLAR VALUE OF AN INDIVIDUAL ORDER. Some jurisdictions do not allow the limitation of liability in contracts with consumers, so some or all of these limitations of liability may not apply to you. In the event your mobile device is lost or stolen, please follow the instructions set forth in Section 4.9.
- Governing Law; Dispute Resolution; Jurisdiction; Venue; Jury Waiver.
These Terms and any claim, action or dispute arising hereunder will be governed by the laws of the State of Texas, without regard to its conflicts of law principles. The United Nations Convention on Contracts for the International Sale of Goods and Services shall have no applicability. We are located in Texas and that is where you entered into these Terms and opened your MyCommunityBakers Account. In addition, we are subject to certain federal and state regulations and we must comply with these laws, regulations and rules. You agree that if there is any inconsistency between these Terms and any applicable law, regulation or rule, these Terms will prevail to the extent any such law, regulation or rule may be modified by agreement.
15.1 Notice. In addition to the Electronic Communications authorized in the E-SIGN Agreement, any questions, complaints, or claims regarding the Online Services may be made by email, telephone or regular mail to:
Email: [email protected]
Physical mail: Community Bakers, LLC
13901 Midway Rd. Ste 102-322
Dallas, TX 75244
ATTN: Community Bakers, LLC Customer Care
15.2 Assignment. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you and any attempted assignment will be deemed void. Community Bakers, LLC reserves the right to assign these Terms and the rights and obligations hereunder to any third party without notice to you. These Terms will be binding and inure to the benefit of the parties hereto and their successors and permitted assigns.
15.3 Force Majeure. Without limiting the applicability of the terms of Section 15, the Community Bakers, LLC Parties shall have no liability for any failure or delay resulting from conditions beyond the reasonable control of such party, including but not limited to any industrial dispute, acts of war, governmental action, acts of terrorism, acts of God, labor conditions, power failures and Internet or mobile network disturbances.
15.4 Entire Agreement. These Terms represents the Parties’ entire understanding with respect to the subject matter contained herein and supersedes and cancels all prior written or oral contracts, agreements and understandings of the parties with respect to the subject matter of these Terms.
15.5 Survival. The provisions of these Terms which are expressly, or by implication, intended to continue in force notwithstanding the termination of these Terms or your termination of use of the Online Services or Mobile App for any reason, will survive termination or expiration of these Terms.
15.6 No Waiver; Severability. The failure of Community Bakers, LLC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms shall be adjudged by a court of competent jurisdiction to be unenforceable or invalid, that provision shall be removed to the minimum extent necessary and the remainder of these Terms shall remain in full force and effect.
15.7 Conflicts. In the event of a conflict between these Terms and any other terms and conditions or policies of Community Bakers, LLC, these Terms shall prevail as to the subject matter contained herein.
15.8 Headings and Subheadings. The use of titles and headings with reference to certain portions of these Terms is solely for the convenience of the reader and are of no legal effect.
15.9 Third Party Beneficiary. Apple and Apple’s subsidiaries, Google and Google’s subsidiaries, and any operator of any other app store or marketplace, and its subsidiaries, are third party beneficiaries to these Terms. Upon your acceptance of these Terms, Apple, Google and the operator of any other app store or marketplace will have the right (and will be deemed to have accepted the right) to enforce these Terms against User as a third party beneficiary thereof.
If you DO NOT agree to the Community Bakers, LLC Online Services Terms and Conditions,
PLEASE EXIT THE COMMUNITY BAKERS, LLC WEBSITE(S) OR UNINSTALL THE COMMUNITY BAKERS, LLC MOBILE APP NOW.
If you AGREE to the Community Bakers, LLC Online Services Terms and Conditions,
CLICK THE “AGREE” BUTTON NOW.
Effective January 1, 2018
Your privacy is very important to us.
Information Use, Sharing and Disclosure
Use of E-mail Addresses
Collection of Information by Third-Party Sites and Sponsors
Your California Privacy Rights
User Generated Content
Usage Information; Use of Tracking Technologies
Visiting the Website from Outside the United States
Community Bakers collects two types of information: Personal Information and Other Information regarding users of the Services, either directly or through the activities of third-party suppliers and service providers (collectively, “Third-Party Suppliers”). We may combine Other Information with Personal Information, and in those circumstances we will treat the combined information as Personal Information.
Personal details, such as your name, age, address, telephone number, e-mail address, birth date, financial and/or demographic information;
Transaction information, including information about the products you buy, prices, method of payment and payment details;
Account information, such as your username or password (or anything else that identifies you) used to access our Services or to buy or use our products and services;
Usage data that may identify you individually, such as your Internet Protocol (IP) address, or information about the device you are using, such as the unique device identifier or mobile equipment identifier for your mobile device;
Profile information, including products and services you like, or times you prefer to visit us; and
Other personal information you choose to give us when you interact with us.
Our Services may collect information about the exact location of your mobile device or computer using geo-location and technology such as GPS, Wi-Fi, Bluetooth, or cell tower proximity. For example, if you use the “Locations” function and want to find the Community Bakers location nearest to your current location, Community Bakers and its third-party providers will monitor your geo-location to deliver that information to you. For most mobile devices and computer systems, you are able to withdraw your permission for us to collect this information by using the device or web-browser settings. Please note that some functionality within the Services may not be available or may not fully function if you turn off geo-location services. For example, without geo-location services turned on, Community Bakers will not be able to determine the closest location to you. If you have any questions about how to prevent us from collecting exact information about your location, we recommend you contact your mobile-device service provider, the device manufacturer, or your web-browser provider.
INFORMATION USE, SHARING AND DISCLOSURE
Community Bakers will not sell your Personal Information to anyone at any time without your prior permission. We will transfer or otherwise disclose the information we collect from Services visitors and users to employees and independent contractors of Community Bakers and its Third-Party Suppliers if the disclosure will enable that party to perform a business z, professional, or technical support function for Community Bakers , or if required to do so by law. We do not allow these employees, independent contractors or Third-Party Suppliers to use this information or to share it for any purpose other than to provide services on our behalf. We will also transfer or otherwise disclose Personal Information in response to judicial process, to comply with legal requirements, and, as permitted under provisions of law, to provide information to law enforcement agencies or in connection with an investigation on a matter related to public safety. We may also use your Personal Information as permitted by law to protect our rights or property, the Services, or its users.
We routinely use the Other Information that we collect to improve the design and content of our Services and to enable us to personalize your Internet experience, as well as for general system administration. We also may use this information to analyze site and app usage, as well as to offer products, programs, or services to you or other users like you.
There may be times where we may share information when it does not directly identify you. For example, we may share anonymous, aggregated statistics about your use of our Services. Or we may combine information about you with other customers and share the information in a way that does not link to a specific customer.
We do not respond to web-browser “do not track” signals at this time. We await the result of work by the policy community and industry to determine when such a response is appropriate and what form it should take. However, please see the below section on “Usage Information; Use Of Tracking Technologies” on how to control cookies.
Community Bakers may make personalized marketing messages, ads or offers to you through the Services, including our mobile app, based upon: (a) your interaction with the mobile app, our websites, content, or other Services; and (b) notifications, ads, offers or new Community Bakers location announcements or Community Bakers events based upon geo-location data collected from your computer or from your mobile device. Such information allows us to provide you with more useful and relevant notifications, ads, offers or announcements. We do not provide any such information to third parties other than the Third-Party Suppliers we use for delivery of notifications, ads, offers or announcements. Also, some third parties may provide us information about you from offline and online sources that we may use to provide you more relevant and useful notifications, ads, offers or announcements.
We and our Third-Party Suppliers may use collected information to establish connections among related web-browsers and devices (such as smartphones, tablets and computers) for targeted advertising, analytics, attribution, and reporting purposes. We and/or our Third-Party Suppliers may match your browsers or devices if you log into the same online service on multiple devices or if your devices share similar attributes that support an inference that they are used by the same person or household. This means that your online behavior (information about your activity on websites or apps on your current browser or device and your device’s geolocation (which may include specific longitude and latitude)) may be combined with information collected from your other browsers or devices. For example, our Third-Party Suppliers may use this information to deliver an ad on your tablet or smartphone, to limit the number of times you see an ad across your devices, and to help measure the effectiveness of advertising campaigns across devices.
USE OF E-MAIL ADDRESSES
Community Bakers may periodically send informational or promotional e-mail messages. Sometimes these are referred to as newsletters. You will not receive such e-mail messages unless, at the time you provide us with your e-mail address, you indicate that you wish to receive such promotional e-mails. If you are asked for your e-mail address and are not given the opportunity to opt-out of receiving additional information, then the e-mail address is to be used only for the specific service you request. If you subscribe to receive promotional e-mails from Community Bakers and wish to stop receiving such e-mails, you may request discontinuation of e-mail messages by clicking the “Unsubscribe” link on the e-mail you received. Please note that even if you opt out of receiving promotional communications, we may continue to send you non-promotional emails, such as those about your account, servicing, or our ongoing business relations.
COLLECTION OF INFORMATION BY THIRD-PARTY SITES AND SPONSORS
We may also provide access to third-party providers of other apps, tools, widgets and plug-ins on our Services, such as Facebook “Like” buttons, which may also use automated methods to collect information about how you use these features. These organizations may use your information in line with their own privacy policies and you are encouraged to check your privacy settings within such third-party platforms and services.
The Services are not directed toward children under the age of 13. We do not knowingly collect Personal Information online from children under the age of 13 without parental or guardian consent. You must be 18 to use some portions of the Services. Please contact us via the contact information provided below if you believe we may have collected such information without parental or guardian consent or other than in a manner authorized by law, and we will delete it.
Notice to California residents under 18 years of age: If you are a registered user of online services under the age of 18, and we have actual knowledge of your age, then under California law you may request and obtain removal of certain content or information you have posted on our Services. To do so, please contact us at the address, phone number or email address below. Please note that removal does not ensure complete or comprehensive removal of the content. For example, removal may not be possible or permitted if another provision of law requires the content to be maintained, if it was posted or reposted by others, or if we paid compensation to you in exchange for the posting.
USER GENERATED CONTENT
USAGE INFORMATION; USE OF TRACKING TECHNOLOGIES
Cookies and other “tracking technologies” — now and hereafter developed — may be used to collect information about your interactions with the Services, including information about your browsing and activity behavior. Such tracking technologies include, but are not limited to:
Types of cookies and tags on our Services include:
Functionality: Used to remember your preferences and for facilitating transactions such as purchases.
Performance or Analytics: Used to measure site activity to improve user experience.
Targeting: Used to display information and offers that specifically interest you.
You can adjust the settings in your browser in order to restrict or block cookies that are set by the Services (or any other website on the Internet). Your browser may include information on how to adjust your settings. Alternatively, you may visit www.allaboutcookies.org to obtain comprehensive general information about cookies and how to adjust the cookie settings on various browsers. This site also explains how to delete cookies from your computer.
Local Storage: We use Local Storage, such as HTML5 storage, to store information related to whether a user has chosen to “Remain Logged In” as well as tokens if third party services are used. Third parties with whom we partner to provide certain features on our Services or to display advertising based upon your web browsing activity use Local Storage such as HTML 5 storage to collect and store information. Various browsers may offer their own management tools for removing HTML5 Local Storage.
Web Beacons: Web beacons are small graphic images, also known as “tracking pixels,” “internet tags” or “clear gifs,” embedded in web pages and email messages. Web beacons may be used to count the number of visitors to the Services, to monitor how users navigate the Services, and to count content views.
Embedded Scripts: An embedded script is programming code designed to collect information about your interactions with the Services. It is temporarily downloaded onto your device from our web server or a third party with whom we work, is active only while you are connected to the Services, and deleted or deactivated thereafter.
Location-identifying Technologies: GPS (global positioning systems) software, geo-filtering, and other location-aware technologies locate (sometimes precisely) you for purposes such as verifying your location and delivering or restricting relevant content based on your location.
In-App Tracking Methods: There are a variety of tracking technologies that may be included in mobile applications, and these are not browser-based like cookies and cannot be controlled by browser settings. Some use device identifier, or other identifiers such as “Ad IDs” to associate app user activity to a particular app and to track user activity across apps.
13901 Midway Rd. Ste 102-322
Dallas, TX 75244