This Agreement contains provisions that limit our liability to you.
terms of sale
1. Acceptance of Order
Your placement of an order does not necessarily assure that we will accept your order. All orders must be placed at least 4 hours in advance of the desired pick-up or delivery time. We reserve the right to refuse any order in our sole discretion. Before accepting your order, we may require additional information if you have not provided all of the required information required to complete your order. Once a properly completed order is received, authorization of your form of payment is received and you have received a confirmation email from us, we will promptly place your order. There may be a time when we need to contact you in regards to order delivery or pick up time or questions with your order.
2. Pricing and Availability
All prices for products (and the associated tax) 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.
3. Payment Terms
Kara’s Cupcakes currently accepts Visa, MasterCard, and American Express. By submitting your order, you represent and warrant that you are authorized to use the designated credit card and authorize us to charge your order (including taxes) to that card. If the card cannot be verified, is invalid or is otherwise not acceptable, your order may be suspended or cancelled automatically.
4. Problems with your order.
We attempt to be as accurate as possible; however, if a problem with your order occurs, please contact us via email at email@example.com or call us at (415) 563-2220 to speak with our production manager. The sole remedy in the event of an error is to do one of the following: reissue your order, cancel your order, or refund your order. All cancelations are within a 24 hour notice.
Kara’s Cupcakes creates each cupcake by hand using fine ingredients from local, organic, and sustainable producers whenever possible. Our cupcakes may contain ingredients including but not limited to eggs, milk, nuts, and other ingredients which may cause allergic reactions. Customers concerned with food allergies should be aware of this risk. Kara’s Cupcakes will not assume any liability for adverse reactions to foods consumed or items that may come in contact with during the course of preparation and delivery or pickup.
intellectual property rights
Unless otherwise indicated, the Site and all content and other materials therein, including, without limitation, the Kara’s Cupcakes logo and all designs, text, graphics, pictures, editorial content, information, data, formatting, software, sound files, look and feel, other files and the selection and arrangement thereof (collectively, “Site Materials”) are the proprietary property (“Proprietary Material”) of Kara’s Cupcakes or its licensors or users and are protected by U.S. and international copyright laws. Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Kara’s Cupcakes owns all Proprietary Material as well as the coordination, selection, arrangement and enhancement of such Proprietary materials as a Collective Work under the United States Copyright Act, as amended. The Proprietary Material protected by the domestic and international laws of copyright, patents, and other proprietary rights and laws. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Kara’s Cupcakes and/or the relevant right holder.
digital millennium copyright act (“DMCA”) notice
Kara’s Cupcakes and this Site respect the intellectual property of others. If you believe, in good faith, that any material available via the Site infringes a copyright you own or control, you may file a notification of such infringement with our Designated Agent as set forth below.
Attn: DMCA Designated Agent
3249 Scott Street
San Francisco, CA 94123
Please see 17 U.S.C. §512(c)(3) for the requirements of a proper notification. You should note that if you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, Kara’s Cupcakes has also adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. Kara’s Cupcakes may also, in its sole discretion, limit access to the Site of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
third party links, content, products and services
You are granted a limited, non-exclusive right to create text hyperlinks to the Site for noncommercial purposes, provided such links do not portray Kara’s Cupcakes in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. In addition, you may not use Kara’s Cupcakes’ logo or other proprietary graphics to link to our Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Kara’s Cupcakes trademark, logo or other proprietary information, including the images found at the Site, the content of any text or the layout/design of any page or form contained on a page on the Site without our express written consent. Except as noted above, you are not conveyed any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or proprietary right of Kara’s Cupcakes or any third party.
Kara’s Cupcakes makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third-party websites accessible via hyperlink or websites linking to the Site. Such websites are not under the control of Kara’s Cupcakes and Kara’s Cupcakes is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such websites. Kara’s Cupcakes and its users may provide these links as a convenience to you, but the inclusion of any link does not imply affiliation, endorsement or adoption by Kara’s Cupcakes of any site or any information contained therein.
Kara’s Cupcakes may provide third party content on the Site and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no guarantee as to its accuracy or completeness. You acknowledge and agree that Kara’s Cupcakes is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review such Third Party Content. You agree to use such Third Party Content contained therein at your own risk.
disclaimer of warranties
Use of the Site is entirely at your own risk. The Site is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose and non-infringement. Without limiting the foregoing, neither Kara’s Cupcakes nor its affiliates or licensors warrant that access to the Site will be uninterrupted or that the Site will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Site, or as to the timeliness, accuracy, reliability, completeness of content or any service, information or materials provided through or in connection with the use of the Site.
limitation on liability
To the maximum extent permitted by applicable law, Kara’s Cupcakes and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use the Site, the content or the materials contained in or accessed through the Site, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Kara’s Cupcakes, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Kara’s Cupcakes’ records, programs or services. In no event shall the aggregate liability of Kara’s Cupcakes, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of or inability to use the Site exceed any compensation you pay, if any, to Kara’s Cupcakes for access to or use of the Site.
modifications to the Site
Kara’s Cupcakes reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Kara’s Cupcakes will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site. You may contact us at firstname.lastname@example.org.