Candyapple Cakes Terms of Use

1. Acceptance of the Terms of Use

These terms of use are entered into by and between you and Candyapple Cakes, LLC d/b/a Candyapple Cakes (“Candyapple Cakes,” “we,” or “us”). The following terms and conditions (“Terms of Use”) govern your access to and use of nothingbundtcakes.com including any content, functionality, and services offered on or through nothingbundtcakes.com (the “Website”), whether as a guest or a registered user.

Please read these Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use the Website.

This Website is offered and available to users who are 13 years of age or older. By using this Website, you represent and warrant that you are of legal age to form a binding contract with Candyapple Cakes. If you do not meet all of these requirements, you must not access or use the Website.

2. Changes to the Terms of Use

We may revise and update these Terms of Use from time to time. When we do we will update the “Last Updated” line above. Unless we state otherwise in a notification to you, all changes will be effective when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set out in Section 19 (Governing Law and Jurisdiction) will not apply to any disputes for which we have actual notice on or before the date the change is posted on the Website.

Your continued use of the Website following the posting of changes means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

3. Privacy

Unless we provide different terms at the time we ask for or collect your information, all information we collect on this Website, including, but not limited to, information you provide to register through the Website is subject to our Privacy Policy.

4. Accessing the Website and Account Security

We reserve the right to withdraw or amend this Website, and any service, content or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access some of the resources the Website offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

If you choose, or are provided with, a user name and password, you acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security.

We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

5. eClub and Promotions

Our eClub as well as any sweepstakes, promotions, surveys, special offers, programs, or other similar promotional offerings, (collectively, “Promotions”) may be governed by additional rules and/or terms. By participating in any such Promotion, you will become subject to any such additional Promotions terms. Candyapple Cakes recommends that you read the applicable Promotions terms, which will be posted on our Website or otherwise provided to you at the time the Promotion is made available to you, and review our Privacy Policy which, in addition to these Terms of Use, governs any information you submit in connection with any such Promotions.

6. Intellectual Property Rights

The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by Candyapple Cakes, its licensors, or other providers of such material (collectively, “Content”) and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Subject to your compliance with these Terms of Use, Candyapple Cakes permits you to make access and use of the Website and its Content for your personal, non-commercial use only. Without limitation, you must not access or use for any commercial purposes any part of the Website or Content.

Except as these Terms of Use or additional terms that may accompany certain Content expressly permit, you must not: copy, reproduce, download, or store any Content, except as may be expressly permitted in these Terms of Use or by additional terms we may provide with certain content; modify, translate, adapt, or otherwise create derivative works of any Content; distribute, disclose, sell, publish, transfer, publicly display, publicly perform, transmit, rent, lease, lend, sublicense, timeshare, or otherwise make available any Content to any third party; reverse engineer, dissemble, decompile, decode or adapt, or otherwise attempt to derive or gain access to any source code on the Website or any Content; or remove, delete, alter, or obscure any copyright, trademark, or other intellectual property or proprietary rights notices of materials on the Website or any Content.

If we provide social media features with certain Content, you may take such actions as are enabled by such features. If you access or use the Website or any Content in breach of the Terms of Use, your right to use the Website and Content will stop immediately and you must, at our option, return or destroy any copies of the Website and/or Content you have made. No right, title, or interest in or to the Website or any Content is transferred to you, and all rights not expressly granted are reserved by Candyapple Cakes. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

7. Trademarks

The Candyapple Cakes name and logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Candyapple Cakes or its affiliates or licensors. You must not use such marks without the prior written permission of Candyapple Cakes. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

8. Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to:

Use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).

Use the Website to engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Candyapple Cakes or users of the Website, or expose them to liability.

Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.

Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.

Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.

Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.

Otherwise attempt to interfere with the proper working of the Website.

9. User Content

The Website may allow users to post, submit, publish, display, or transmit to other users or other persons content or materials (collectively, “User Content”) on, through or in connection with the Website. For example, we may provide you the opportunity to provide feedback directly to us or respond to a request, made by us or on our behalf, that you review products and services that you have purchased or have otherwise been made available to you so that we can, among other things, include your review on the Website.

Any User Content you post or otherwise provide to us will be considered non-confidential and non-proprietary. By posting User Content on or through the Website or otherwise providing any User Content to us, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Content and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.

Your User Content will not contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;

Your User Content will not infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person or entity;

Your User Content will not violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations; and

All of your User Content will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Candyapple Cakes, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.

10. Monitoring and Enforcement; Termination

We have the right to:

Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates the Terms of Use, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for Candyapple Cakes.

Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.

Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS CANDYAPPLE CAKES AND ITS AFFILIATES, FRANCHISEES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

11. Copyright Infringement

We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our Copyright Agent that is designated below. It is the policy of Candyapple Cakes to terminate the accounts of repeat infringers.

In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”), the written notice (the “DMCA Notice”) must include substantially the following:

Your physical or electronic signature.

Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on the Website, a representative list of such works.

Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

Adequate information by which we can contact you (including your name, postal address, telephone number, and, if available, email address).

A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.

A statement that the information in the written notice is accurate.

A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. Please be aware that if you knowingly materially misrepresent that material or activity on the Website is infringing your copyright, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.

DMCA Notices must be delivered to our designated copyright agent:

Director of Legal
Candyapple Cakes
legal@candyapplecakes.com

12. Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website may include content provided by third parties including our users. All statements and/or opinions expressed by these third parties, other than the content provided by Candyapple Cakes, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Candyapple Cakes. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

13. Purchases and Other Terms and Conditions

All purchases through the Website or other transactions for the sale of goods through the Website, or resulting from visits made by you, are governed by the purchasing terms from the store location from which you are purchasing our goods, which are available from such store location, and which are hereby incorporated into these Terms of Use.

Additional terms and conditions may also apply to specific portions, services, or features of the Website or to specific Promotions. All such additional terms and conditions are hereby incorporated by reference into these Terms of Use.

14. Third Party Sites and Services

The Website may contain links to third-party sites and services or, in some cases, we may use third-party sites or services to post or otherwise make content available to you. Except for the limited content we may make available to you on or through such sites and services, we have no control over the content that may be provided by or through those sites and services. We accept no responsibility for these sites or services, their data collection and usage practices, or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to the Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

15. Geographic Restrictions

The owner of the Website is based in the State of Maryland in the United States. We provide this Website for use only by persons located in the United States and Canada. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States and Canada. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States or Canada, you do so on your own initiative and are responsible for compliance with local laws.

16. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE WEBSITE, ITS CONTENT, AND ANY PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CANDYAPPLE CAKES HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE.

17. Limitation on Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL CANDYAPPLE CAKES, ITS AFFILIATES, ITS FRANCHISEES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE, OR ANY PRODUCTS OR SERVICES MADE AVAILABLE TO YOU OR OBTAINED THROUGH OUR WEBSITE, INCLUDING ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.

IN NO EVENT WILL CANDYAPPLE CAKES, ITS AFFILIATES, ITS FRANCHISEES, OR THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS CUMULATIVE LIABILITY TO YOU ARISING FROM OR RELATING TO THESE TERMS OF USE OR PRODUCTS OR SERVICES OBTAINED THROUGH THE WEBSITE, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE EXCEED THE GREATER OF (1) THE AMOUNT PAID BY YOU TO CANDYAPPLE CAKES DURING THE TWELVE (12) MONTH PERIOD PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (2) FIVE-HUNDRED DOLLARS ($500 U.S.). THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

18. Indemnification

You agree to defend, indemnify, and hold harmless Candyapple Cakes, its affiliates, its franchisees, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms of Use.

19. Governing Law and Jurisdiction

All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Maryland without giving effect to any choice or conflict of law provision or rule (whether of the State of Maryland or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of Maryland, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your state or country of residence or any other relevant state or country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

20. Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

21. Entire Agreement

The Terms of Use, our Privacy Policy, and all such additional terms and conditions incorporated herein by reference constitute the sole and entire agreement between you and Candyapple Cakes regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.

22. Your Comments and Concerns

This Website is operated by Candyapple Cakes, Upper Marlboro MD 20772.

All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to  Contact Us