Our Sweetheart Bakery team extends a heartfelt welcome to our website (the “Website”). Please review this User Agreement carefully as the following terms govern your use of the Website. The Website is owned and operated by Sweetheart Bakery Press (“Sweetheart Bakery Press” or “us” or “we”). This User Agreement (the “User Agreement”) is a contract between you and Sweetheart Bakery Press and applies to all users of the Website. In this User Agreement “you” or “your” means any person or entity using the Website, provided that if such person is under 18 years of age or the age of majority in your jurisdiction, whichever is older (the “Age of Majority”), “you” or “your” shall also include such person’s parent or legal guardian. Unless otherwise stated, “Sweetheart Bakery Press “, “we” or “our” refers to Sweetheart Bakery Press and its successors and assigns.
Users of any age may access the Website, but in compliance with the Children’s Online Privacy Protection Act, we will purge any information we receive from people we believe to be children less than 13 years of age from our database and cancel the corresponding accounts unless we have permission from that user’s parent or guardian approving the collection of that user’s information and such user’s registration on the Website where registration is required. If you register on the Website, you represent and certify that you have the legal capacity and authority to do so, and that your registration and use of the Website will not violate any law or regulation.
Read this User Agreement carefully. If you are under 18 years of age, make sure that your parent or legal guardian reads and agrees with this User Agreement on your behalf. When visiting our website, you agree to be bound by all of the Terms and Conditions of this User Agreement. If you do not agree to be bound by all of the Terms and Conditions of this User Agreement, you are not permitted to use or access this website, and must exit the website now.
Amendments
We may amend or supplement this User Agreement at any time and for any reason. Please check this User Agreement each time you access and use the Website so that you will understand the terms applicable to your access and use of the Website. When we make changes to this User Agreement, we will notify you of the changes by posting the revised version on our Website. By continuing to use the Website after we have posted modifications or amendments to the User Agreement, you consent to such amendments and/or modifications. If you do not consent to any such modifications or amendments, you may not continue to access or use the Website.
Privacy Policy
Our Privacy Policy (as currently posted on the Website and as may be amended by us) (the “Privacy Policy”) is incorporated into this User Agreement by reference and provides additional terms and conditions related to our use, collection and disclosure of your personal information. If you do not agree to our Privacy Policy, you may not continue to access or use the Website.
Any other posted guidelines or rules applicable to any individual use of the Website will also form part of this User Agreement, and by using the Website you agree to abide by all such other guidelines and rules.
Feedback
We welcome feedback, comments and suggestions for improvements to our Website and services. You can submit feedback by emailing us at info@sweetheartbakerypress.com. You grant to us a non-exclusive, worldwide, perpetual, irrevocable, fully-paid, royalty-free, sublicensable and transferable license under any and all intellectual property rights that you own or control to use, modify, create derivative works based upon and otherwise exploit the feedback you provide for any purpose.
Payments
When you purchase a Sweetheart Bakery Press subscription or a product through the Website, we will bill the credit card or other payment method that you have provided (your “Payment Method”). Your Payment Method will be billed in advance of the date your monthly package or product shipment date in order for Sweetheart Bakery Press to process the shipment.
Sweetheart Bakery Press offers monthly subscriptions (“Monthly Subscriptions”), auto-renewing monthly, six or twelve month subscriptions (“Auto-renewing Subscriptions”) and one-off product sales (“Product Sales”).
Monthly Subscriptions will continue until the subscription is fulfilled or you elect to cancel your subscription. Sweetheart Bakery Press will bill your Payment Method each month for the following month. You may elect to cancel your Monthly Subscription by logging into your account and cancelling the subscription or by emailing our Sweetheart Bakery team at info@sweetheartbakerypress.com. Cancellation must occur by the 19th of the month if you do not wish to receive the following month’s shipment.
Auto-renewing Subscriptions will continue for the initial term and then will automatically renew for successive periods generally equal to the initial term of the subscription. For example, a one-year subscription will renew at the end of the first year for an additional one-year period. Each Auto-renewing Subscription will renew at the subscription rate in effect at the time of renewal. You may not cancel an Auto-renewing Subscription prior to the end of the subscriptions’ then current initial or renewal term, but may be transferred to another child by emailing us. In other words, Auto-renewing Subscriptions are not eligible for cancellation; these subscriptions will expire after the original term is complete. You may cancel the auto-renewal feature of the subscription by logging into your account and opting out of auto renew or by emailing Sweetheart Bakery team at info@sweetheartbakerypress.com. To be effective with respect to a renewal, your cancellation of the auto-renewal feature must take place no later than the 10th of the month prior to the first month of the scheduled renewal term. You are responsible for all renewal charges incurred unless you cancel the auto-renewal feature by the 10th of the month prior to the first month of the scheduled renewal term.
In order to continue your Monthly Subscription, renew your Auto-renewing Subscription or complete a Product Sale, you authorize Sweetheart Bakery Press to charge your Payment Method for the payment due. Sweetheart Bakery Press may charge your Payment Method even though it has expired by extending the expiration date of your Payment Method. This will continue until you notify Sweetheart Bakery Press that your Payment Method account is no longer valid.
If your Subscription included a discounted price for a promotional period, once the promotional period expires, your Subscription will renew at the full product price. The Subscription Contract is between You And Sweetheart Bakery Press. By purchasing a Subscription, you acknowledge that your Subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation.
Products
Prices for our products are subject to change, without notice. Unless otherwise indicated, prices displayed on our website are quoted in United States dollars (USD). All purchases through our Website are subject to product availability. We may, in our sole discretion, limit or cancel the quantities offered on our Website or limit the sales of our products or services to any person, household, geographic region or jurisdiction.
We reserve the right to refuse service to anyone, at any time, for any reason. We reserve the right, in our sole discretion, to refuse orders, including without limitation, orders that appear to be placed by distributors or resellers. If we believe that you have made a false or fraudulent order, we will be entitled to cancel the order and inform the relevant authorities.
We do not guarantee the accuracy of the color or design of the products on our Website. We have made efforts to ensure the color and design of our products are displayed as accurately as possible on our Website, but you acknowledge that the actual delivered product may vary from it as displayed on our Website.
Returns
Sweetheart Bakery Press does not accept returns of its monthly packages or products if you change your mind. However, if a package or product you received was damaged or incomplete, please email the Sweetheart Bakery team at info@sweetheartbakerypress.com within 30 days of receipt of the product, for resolution. Proof of damage and customer account verification will be required. If it is necessary for the product to be returned, upon receipt of the returned product we will fully examine the product and notify the customer via e-mail, within a reasonable period of time. Resolution may include shipment of a replacement package or product, an extension of your subscription or similar corrective actions. To the extent permitted by law, Sweetheart Bakery Press may, in its sole discretion, choose which resolution method to use. We do not accept returns or exchanges unless the item purchased is proven by the customer to be defective.
Refunds do not include any shipping and handling charges shown on the packaging slip or invoice. Shipping charges for all returns must be prepaid and insured by the customer. Loss or damage to items during return shipment as well as ensuring that we receive the returned product is solely the responsibility of the customer.
Links to Other Websites
The Website may include links to other websites owned and/or operated by Sweetheart Bakery Press. Such sites are not part of the Website, and each has its own User Agreement that you must agree to in order to use that website.
The Website may also include links to websites of unaffiliated third parties. Third-party sites are not the responsibility of Sweetheart Bakery Press and we do not warrant or guarantee the accuracy, quality or appropriateness of any such website or any content contained on such website. Each third party website may have its own policies and agreements, including policies regarding the collection and use of your personal information. Please be sure to review the applicable agreements and policies carefully when visiting our other websites or any third party websites linked from our website. Sweetheart Bakery Press takes no responsibility for your use of any such third party websites and shall not have any liability for events arising from your use of such websites.
Sweetheart Bakery Press assumes no responsibility for any material outside of the Sweetheart Bakery Press website, including any material that may be accessed through links from the Website.
Registration, Username and Password
You may access the Home page and certain other portions of the Website without registering for or logging into the Website, but other portions of the Website may require registration, now or in the future. This User Agreement applies to and governs your use of all portions of the Website, regardless of whether you register. If you register on the Website, you may be asked to choose a username and password and to enter other information. Do not use personal information (for example, your first and last names) that can be used to identify who you are as your username. Please read our Privacy Policy for our policies governing the collection of personal information.
We will use your username and password to identify you when you return to our Website. If you forget your username or password you may not be able to access certain portions of the Website. You are responsible for maintaining the confidentiality of your username and password, and for all activities using the Website that occur when a user is logged into the Website under your username and password. You agree to: (i) immediately notify Sweetheart Bakery Press of any unauthorized use of your username and password or any other breach of security, and (ii) ensure that you log out of the Website at the end of each session. Sweetheart Bakery Press will not be liable for any loss or damage arising from your failure to comply with this section. You may be issued a new password or be required to change your password from time to time. Your username and password combination may only be used by you and is not transferable to other users. Remember your username and password. Do not share your username and password with anyone.
We reserve the right to restrict, suspend, or terminate access to the Website for any username and password combination (each, an “Account”) because of inactivity under that Account, fraudulent activity under that Account, or any other reason we deem appropriate in our sole discretion. If you have any questions about your access to the Website, please contact us info@sweetheartbakerypress.com.
Communications and Notifications
You acknowledge and agree that all communications and documents between you and Sweetheart Bakery Press with respect to your use of the Website may take place electronically and that all such electronic notices, agreements, and other communications from Sweetheart Bakery Press shall be the legal equivalent of written communications. It is our policy to provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to our customers or Website users, via e-mail notice, written or hard copy notice, or through conspicuous posting of such notice on the Website, as we may determine in our sole discretion. Notwithstanding the foregoing, we reserve the right to determine the form and means of providing notifications and communications to our customers or website users.
Ownership of Intellectual Property
All products, services, content, information displayed, performed or otherwise accessible through the Website, including, without limitation, digital images, software, designs, texts, databases, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and any copyrightable and/or patentable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, (collectively the “Sweetheart Bakery Press Materials”) are the intellectual property of Sweetheart Bakery Press , its partners, affiliates, third party licensors and suppliers and/or any of their successors and assigns (collectively, “Licensors”), and are protected by the copyright, trademark, patent, and other intellectual property laws of the United States, Canada and other jurisdictions as may be applicable. Without limiting the generality of any other provisions of this User Agreement, the use of any Sweetheart Bakery Press on any other website or networked computer environment is prohibited.
License Grant
This User Agreement grants to you a limited license to access and use the Website and its content for your personal, non-commercial use. Any attempts to otherwise access or display the Sweetheart Bakery Press Materials is a violation of the license granted hereunder. Except as expressly provided herein, you agree that no portion of the Website may be accessed, used, reproduced, duplicated, copied, or otherwise exploited by you for any other purpose, and nothing contained in this User Agreement shall be deemed or construed to confer any other right in or title to the Website and/or the Sweetheart Bakery Press Materials, in whole or in part. You may not make any modifications to any Sweetheart Bakery Press Materials other than as expressly permitted by us or the applicable Licensor.
User Content
For the purposes of this User Agreement, “User Content” means text, graphics, images, works of authorship of any kind, and information or other materials that you provide or otherwise make available through the Website. Sweetheart Bakery Press does not claim any ownership rights in any User Content and nothing in this User Agreement will be deemed to restrict any rights that you may have to use and exploit your User Content. However, by making any User Content available through the Website, you hereby grant to Sweetheart Bakery Press a non-exclusive, transferable, sublicenseable, worldwide, royalty-free license to use, copy, modify, publicly display, publicly perform and distribute your User Content in connection with operating and providing the Website and Sweetheart Bakery Press Materials to you and to other users and account holders.
Notwithstanding the above, you are responsible for all User Content posted by you. Sweetheart Bakery Press does not and shall not have any responsibility for any User Content. You hereby represent and warrant that you have all necessary rights in and to all User Content that you provide through the Website or otherwise to us. Sweetheart Bakery Press does not and cannot review every submission by users and is not responsible for, nor does it endorse or guarantee the accuracy and appropriateness of the content of such submissions. Sweetheart Bakery Press retains the right, but has no obligation, to review, edit or delete any User Content that Sweetheart Bakery Press deems to be illegal, offensive, or otherwise inappropriate.
Contests and Promotions
From time to time, we may run contests or promotions from the Website. We will provide the rules for any such contests and promotions when they are made available on the Website. In order to participate in the contest or promotion, you may be required to agree to the posted rules and regulations applicable to such contest or promotion.
Restrictions on Use
We provide the Website to you and intend the Website to be used in a safe and enjoyable manner. You are responsible for your User Content. Users of the Website must not: (a) use the Website in such a way as to offend or interfere with the use by anyone else of the Website; (b) sell, trade or barter any items through the Website; (c) upload, submit, publish, transmit, display, disseminate or otherwise communicate any materials while connected to or otherwise using the Website that (i) are defamatory, libelous or inaccurate, (ii) are abusive or threatening towards or invade the privacy of any third party, (iii) are offensive, obscene or pornographic; (iv) infringe the intellectual property rights, including copyrights, of any third party; (v) violate any law or regulation; (vi) advocate illegal activity; (vii) advertise or otherwise solicit funds, goods, or services; or (viii) are treated as confidential under any contract or policy; (d) reveal personal information to other users online; attempt to circumvent the security systems of the Website; (e) attempt to gain access to or use the Website in a fraudulent manner; (f) attempt to gain access to any other user’s Accounts; (g) attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of the Website or any other website, or by e-mail communication; (h) attempt to harvest or otherwise collect information about other users without their consent; (i) attempt to use the Website for any purposes other than the purposes intended by Sweetheart Bakery Press; (j) or upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
Moreover, you agree that you will not (i) download or copy any Website pages, except as may occur through the normal caching function of your browser and except to print and retain a copy of the pages of the Website for your own personal, non-commercial use; (ii) download or copy Website information for the commercial benefit of you or a third party; (iii) make any resale or commercial use of the Website or the Sweetheart Bakery Press Materials; (iv) publish any collection or compilation of any product listings, descriptions, or prices; (v) create any derivative work of the Website or its contents; (vi) use any data mining tools, robots, or similar data-gathering and extraction devices with respect to the Website and the information contained thereon; (vii) frame or use framing techniques to enclose any trademark, logo, trade name or other content (including images, text, page layout, or form) of Sweetheart Bakery Press or its licensors; (viii) use any meta tags or any other “hidden text” utilizing the trademarks, logos, trade names or content of Sweetheart Bakery Press or its licensors; (ix) redistribute, sell, lend, decompile, reverse engineer, disassemble or otherwise render any code related to or used in the Website to a human-readable form. Any unauthorized or prohibited use may subject you to civil liability and criminal prosecution under applicable laws.
DMCA Notice
Sweetheart Bakery Press respects copyright law and expects its users to do the same. It is Sweetheart Bakery Press’ policy to terminate inappropriate circumstances and account holders who repeatedly infringe or are believed to be repeatedly infringing the rights of copyright holders.
Disclaimers
You understand and agree that the Website and the Sweetheart Bakery Press Materials are provided on an “as is” and “as available” basis. We do not assume any responsibility for prompt or proper delivery of the Website or any material or content, or for retention of any user information or communications between users. We assume no responsibility for the accuracy, authenticity or existence of any communications between users. To the extent permitted by law, we expressly disclaim all warranties of any kind, whether expressed or implied, including but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We reserve the right to modify and/or discontinue the Website at any time, without notice. To the extent that you communicate with the Sweetheart Bakery Press customer service department, or a Sweetheart Bakery Press representative through any source, the statements, promises, actions taken by such sources shall not limit or otherwise modify the terms of this disclaimer and this User Agreement shall apply to any information provided to you through such sources.
To the extent permitted by law, we make no warranty that (I) the Website and/or the Sweetheart Bakery Press Materials will meet your requirements, (II) the Website and the Sweetheart Bakery Press Materials will be uninterrupted, timely, secure or error-free, (III) the quality of any products, the Website or Sweetheart Bakery Press Materials, information, or other material purchased or obtained by you through the Website or Sweetheart Bakery Press (pop-up) shops will meet your expectations, or, (IV) any errors in the software underlying the Website and Sweetheart Bakery Press Materials, or in the Website, or Sweetheart Bakery Press Materials will be corrected.
Baking is a reoccurring theme in Sweetheart Bakery Press Materials and the Website. When baking, it is important to keep safety in mind. Children should always ask permission from an adult before baking and should be supervised in the kitchen by an adult at all times. Sweetheart Bakery Press disclaims any liability from any injury that might result from the use, proper or improper, of the recipes, instructions or activities presented by Sweetheart Bakery Press.
Any material downloaded or otherwise obtained through the use of the Website, and/or Sweetheart Bakery Press Materials is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
Some jurisdictions do not allow the exclusion of certain warranties. Accordingly, some of the above limitations may apply to you.
Limitations of Liability
To the fullest extent permitted by law, under no circumstances, including but not limited to negligence, shall Sweetheart Bakery Press be liable for any loss of use, loss of data, loss of income or profit, loss of damage to property, or for any compensatory, incidental, indirect, special, punitive, or consequential damages arising out of or in connection with the use of, or the inability to use, the Website or any of the Sweetheart Bakery Press Materials, even if Sweetheart Bakery Press has been advise of the possibility of such damages or losses. Without limiting the foregoing, Sweetheart Bakery Press is not responsible or liable for any infections or contaminations of your system, or delays, inaccuracies, errors or omissions arising out of your use of the Website. To the extent not prohibited by law, Sweetheart Bakery Press’ total cumulative liability relating to your use of the Website will not exceed $100.00.
Indemnity
By accepting this User Agreement and using the Website, you agree to indemnify, defend and otherwise hold harmless Sweetheart Bakery Press and its officers, employees, agents, subsidiaries, affiliates and other partners from any direct, indirect, incidental, special, consequential or exemplary damages resulting from i) your use of the Website and/or the Sweetheart Bakery Press Materials; ii) unauthorized access to or alteration of your communications with or through the Website and/or the Sweetheart Bakery Press Materials, or iii) any other matter relating to the Website and/or the Sweetheart Bakery Press Materials. Any communications or transactions which may arise between users from their use of the Website and/or the Sweetheart Bakery Press Materials are the sole responsibility of the users involved, and we disclaim any and all responsibility for such communications or transactions.
Waiver
Our failure to exercise or enforce any right or provision of the Terms will not constitute a waiver of such right or provision. A waiver by us of any default will not constitute a waiver of any subsequent default. No waiver by us is effective unless it is communicated to you in writing.
Headings
Any headings and titles herein are for convenience only.
Severability
If any of the provisions of the Terms are determined by any competent authority to be invalid, unlawful or unenforceable, such provision will to that extent be severed from the remaining Terms, which will continue to be valid and enforceable to the fullest extent permitted by law.
Governing Law
This User Agreement shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada, without regard to its conflicts of laws provisions.
The Website is offered by Sweetheart Bakery Press. We make no representations that the Website is appropriate or available for use in other countries outside North America. Those who access or use the Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Dispute Resolution
You and Sweetheart Bakery Press agree that any dispute, claim or controversy arising out of or relating to this User Agreement or the breach, termination, enforcement, interpretation or validity thereof, including disputes related to the interpretation, enforceability or formation of this “Dispute Resolution” section, or the use of the Website or Sweetheart Bakery Press Materials, products or services (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right: (i) to bring an individual action in small claims court and (ii) to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights (the action described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the preceding sentence, you will also have the right to litigate any other Dispute if you provide Sweetheart Bakery Press with written notice of your desire to do so by email at info@sweetheartbakerypress.com or regular mail at 400, 1027 Davie Street, Vancouver, BC, Canada, V3E 4L2 within thirty (30) days following the date you first agree to this User Agreement (such notice, an “Arbitration Opt-out Notice”). If you don’t provide Sweetheart Bakery Press with an Arbitration Opt-out Notice within the thirty (30) day period, you will be deemed to have knowingly and intentionally waived your right to litigate any Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive jurisdiction and venue of any IP Protection Action or, if you timely provide Sweetheart Bakery Press with an Arbitration Opt-out Notice, will be the provincial and federal courts located in the province of British Columbia and each of the parties hereto waives any objection to jurisdiction and venue in such courts. Unless you timely provide Sweetheart Bakery Press with an Arbitration Opt-out Notice, you acknowledge and agree that you and Sweetheart Bakery Press are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and Sweetheart Bakery Press otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of this User Agreement.
The arbitration will be administered by the British Columbia International Commercial Arbitration Centre (“BCICAC”) in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the “BCICAC Rules”) then in effect, except as modified by this “Dispute Resolution” section. (For more information, visit BCICAC at http://bcicac.com or call BCICAC at 1-877-684-2821.)
A party who desires to initiate arbitration must provide the other party with a written Notice to Arbitrate as specified by BCICAC. The arbitrator will be either a retired judge or an attorney licensed to practice law and will be selected by the parties from the BCICAC’s roster of arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then BCICAC will appoint the arbitrator in accordance with the BCICAC guidelines.
Unless you and Sweetheart Bakery Press otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of the documents that you and Sweetheart Bakery Press submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by BCICAC. Subject to BCICAC guidelines, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator will render an award within the time frame specified by BCICAC. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Limitations of Liability” section above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Sweetheart Bakery Press will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
Your responsibility to pay any BCICAC filing, administrative and arbitrator fees will be solely as set forth by BCICAC , but if you are unable to pay any of them, Sweetheart Bakery Press will pay them for you. In addition, if your claim for damages does not exceed $25,000, Sweetheart Bakery Press will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Amendments” section above, if Sweetheart Bakery Press changes this “Dispute Resolution” section after the date you first accepted this User Agreement (or accepted any subsequent changes to this User Agreement), you may reject any such change by sending us written notice (including by email to info@sweetheartbakerypress.com) within 30 days of the date such change became effective, as indicated in the “Last Updated” date or in the date of Sweetheart Bakery Press’ email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Sweetheart Bakery Press in accordance with the provisions of this “Dispute Resolution” section as of the date you first accepted this User Agreement (or accepted any subsequent changes to this User Agreement).
ARBITRATION NOTICE
UNLESS YOU OPT-OUT OF ARBITRATION WITHIN 30 DAYS OF THE DATE YOU FIRST AGREE TO THIS USER AGREEMENT BY FOLLOWING THE OPT-OUT PROCEDURE SPECIFIED IN THE “DISPUTE RESOLUTION” SECTION, AND EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE “DISPUTE RESOLUTION” SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SWEETHEART BAKERY PRESS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU ARE WAIVING YOUR RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION OR REPRESENTATIVE PROCEEDING.
General Provisions
This User Agreement, our Privacy Policy, our FAQs and our other published policies contain the entire understanding between you and Sweetheart Bakery Press in connection with the Website and the Sweetheart Bakery Press Materials and supersede all prior agreements, understandings, negotiations or discussions, whether oral or written, between you and Sweetheart Bakery Press with respect thereto. If any provision of this User Agreement is found to be illegal, void or unenforceable (either by an arbitrator appointed pursuant to the terms of the “Arbitration” section above or by court of competent jurisdiction, but only if you timely opt out of arbitration by sending us an Arbitration Opt-out Notice in accordance with the terms set forth above), that provision will be enforced to the maximum extent permissible and the other provisions of this User Agreement will remain in full force and effect. You may not assign or transfer this User Agreement, by operation of law or otherwise, without Sweetheart Bakery Press’ prior written consent. Any attempt by you to assign or transfer this User Agreement, without such consent, will be null. Sweetheart Bakery Press may freely assign or transfer this User Agreement without restriction. Subject to the foregoing, this User Agreement will bind and inure to the benefit of the parties, their successors and permitted assigns.
Sweetheart Bakery Press’ failure to enforce any right or provision of this User Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Sweetheart Bakery Press. Except as expressly set forth in this User Agreement, the exercise by either party of any of its remedies under this User Agreement will be without prejudice to its other remedies under this User Agreement or otherwise.
Contact Information
If you have any questions about this User Agreement or our services, please contact Sweetheart Bakery Press by mail or email:
Sweetheart Bakery Press
1027 Davie Street, Box 400,
Vancouver, BC, Canada, V6E 4L2
email: info@sweetheartbakerypress.com
International Customers
Sweetheart Bakery Press reserves the right to deny shipment to international locations. Shipping fees do not include duties and taxes.
International Dispute Resolution
International customers can contact the Sweetheart Bakery Press team at info@sweetheartbakerypress.com if you have a query or complaint about our services. We will endeavor to resolve your complaint as soon as possible. Other than where you or we seek urgent relief, we shall first seek to resolve any Dispute by negotiation.
Effective Date
This Agreement is effective August 20, 2017.
