Terms Of Use and Terms & Conditions of Sale/Donations

TogetherWeBake.Org Terms Of Use and Terms & Conditions of Sale/Donations

 

Date of last revision: 6/23/17

 

Introduction.

 

Welcome to the Together We Bake website, https://togetherwebake.org/ (along with all subdomains, collectively, “Website”) and thank you for visiting! This Website is owned and operated by Together We Bake (“TWB”), a Virginia not-for-profit corporation. As you explore and use our Website, please keep in mind that the terms of use and terms and conditions of sale/donations (“the Terms”) discussed below apply and, by continuing to access or use our Website – or if you are gracious enough to buy some items or make a donation – you are telling us that you agree to be a kind visitor and comply with the Terms.

 

These Terms will be available for your review any time by simply clicking on the Terms link at the bottom of our home page. We also recommend that you print out a copy of these Terms for your records.

 

The Terms and our Privacy Policy combine together to form our entire Agreement. If there is any part of the Terms or the Privacy Policy that you don’t agree with, please do not use the Website, place an order, or make a donation, even though we will be sad to see you go.

 

Before getting into the specifics, there are a couple of particularly important terms that we want to summarize for you at the outset. First, while we never want to have a legal disagreement with the folks that visit our Website, buy a product, or make a donation, in the off-chance that we do, we want you to be aware that you and TWB agree to resolve any such legal dispute through binding and final individual arbitration, rather than going to court, and that you agree to waive any right to proceed against TWB as a member of a class action. For more details on this term, please see Section 12 below.

 

Second, while we believe our Website is the best and our snacks the tastiest, there are certain legal warranties that TWB disclaims. They can be found in Section 9 below.

 

Third, TWB may, from time to time, update and change these Terms or the Privacy Policy. Your use of the Website after such changes tells us that you accept the changes.

 

For your convenience, TWB provides a “short version” and a “long version” explanation of certain of the Terms below, both of which are binding. To the extent that there is any disparity between the two versions, the long version controls.

 

Table of Contents:

 

1. Who Can Use Our Website
2. Your Use of Our Website
3. Privacy
4. Placing an Order and Returns and Refunds
5. Shipping and Taxes
6. Donations
7. Electronic Documents and Signatures
8. Our Intellectual Property Rights and the Intellectual Property Rights of Others
9. DISCLAIMERS OF WARRANTIES
10. LIMITATIONS OF LIABILITY
11. INDEMNIFICATION
12. MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
13. Links to Third Party Websites
14. Communicating with TWB
15. Term & Termination of Agreement and Your Use of Our Website
16. Modifications
17. Trademarks
18. Copyright Policy
19. Additional Terms

 

 

• Who Can Use Our Website

 

While we encourage kids to become involved with helping others in need, this Website is intended only for adults. If you purchase products or make a donation via the Website, you are affirming that you are at least 18 years old and have the legal capacity to enter into a binding contract with us.

 

• Your Use of Our Website

 

Subject to your continued compliance with all Terms, TWB provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that: (i) the content, layout, formatting, and features of, and access privileges for, the Website shall be determined by TWB in its sole discretion; (ii) TWB has the sole right to control and direct the means, manner, and method by which the Website is provided; (iii) TWB may, from time to time, engage independent contractors, consultants or subcontractors to aid TWB in providing the Website or use thereof; and (iv) TWB has the right to provide the Website to others. TWB or its licensors, as applicable, shall, at all times, retain exclusive ownership of the entirety of the Website and its content.

You must only use the Website for lawful purposes, and you must not use it in a way that infringes the rights of anyone else including, but not limited to, TWB, or that restricts or inhibits anyone else’s use or enjoyment of the Website. You may not, without our prior express written consent:

 

1. copy, reproduce, rent, lease, loan or sell content obtained from the Website;
2. modify, distribute, or re-post any content on the Website for any purpose; or
3. use the content of the Website for any commercial purpose whatsoever.

When using the Website, you further agree:

 

1. to comply with all applicable laws regarding your use of the Website;
2. not to disrupt or interfere with the security of, or otherwise abuse, the Website, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or an affiliated or linked Website;
3. not to disrupt or interfere with any other user’s use or enjoyment of the Website or affiliated or linked Website;
4. not to upload, post, or otherwise transmit through or on the Website any viruses or other harmful, disruptive, or destructive files or software;
5. not to use, frame, or utilize framing techniques to enclose any TWB trademark, logo, or other proprietary information (including the images found on the Website or on any TWB social media page that links to the Website, the content of any text, or the layout/design of any page or form contained on a Website page);
6. not to reverse engineer, or create derivative works based on the Website or any content (including, without limitation, any software) available through the Website;
7. not to use meta tags or any other “hidden text” utilizing TWB’s company name, trademark, or product name;
8. not to deep-link to the Website;
9. not to use a false identity or an identity of another person on the Website, allow any person besides yourself to use your account information to access the Website or use or share another party’s information on the Website;
10. not to collect or store personal data about others;
11. not to attempt to obtain unauthorized access to the Website or portions of the Website that are restricted from general access;
12. not to post any material that is knowingly false, defamatory, inaccurate, abusive, vulgar, hateful, harassing, obscene, profane, sexually oriented, threatening, invasive of a person’s privacy, or otherwise in violation of any law, these Terms, the site’s Privacy Policy or other posted policies. You also agree not to post any copyrighted material unless you own or otherwise have the right to post the copyrighted material; and
13. to be bound by TWB’s submission policies, including that: (i) any product, service, or idea you submit to TWB via this site or other site will not be held in confidence by TWB and is not proprietary to you; (ii) TWB may use the submission and any aspect thereof for any purpose in TWB’s sole discretion; and (iii) TWB owes no duties or obligations to you with respect to the submission you made.

 

• Privacy

 

Please review our Privacy Policy to understand our practices regarding personal information provided by you and advertising practices, which is incorporated into these Terms and our Agreement by reference.

 

• Placing an Order and Returns and Refunds

 

If you order a product, you agree to only provide truthful, accurate, valid and current credit card or other payment information. Payment must be received by TWB before your order is accepted. TWB may require additional information regarding your order if any required information was missing or inaccurate, and may cancel or limit an order any time after it has been placed.

 

Your order is conditioned on you accepting this Agreement. Once we receive your authorized order and a verified form of payment has been received, we will promptly place your order in line for shipment or delivery. All items are subject to availability. If the availability of any product is delayed and you do not wish to substitute the product, upon your request, we will cancel your order and if previously charged, your credit card will be fully refunded for that specific order.

 

To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen payment cards, TWB will report you to federal, state and/or local enforcement authorities and take any additional legal action deemed appropriate by TWB.

 

To the maximum extent permitted by law, we offer no refunds unless a product is faulty. If you receive a faulty product, you must advise us via email within 7 days of receiving the product and return the product in its original, undamaged packaging to us before we can provide a refund. We do not accept returns or provide refunds for dissatisfaction with the product unless the product is faulty. Returns should be sent to: Together We Bake, Downtown Baptist Church, 212 South Washington Street, Alexandria, VA 22314, ATTN: Tricia Sabatini. No refunds can be processed after 30 days from purchase.

 

TWB does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website. If TWB discovers that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law.

 

 

• Shipping and Taxes

 

TWB will add applicable shipping and handling fees and taxes to your order. Unless otherwise stated, TWB will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Although TWB may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. You further understand that product availability may be limited and particular products may not be available for immediate delivery. TWB shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third party carrier or other delivery service. The risk of loss and title for such items pass to you upon our delivery to any third party carrier. TWB reserves the right to reject orders where the stated delivery address is outside the United States.

 

• Donations

 

You may become a donor (“Donor”) by pledging a donation to TWB by using the donation tool on our Website. You acknowledge and agree that you are under no obligation to become a Donor or to pledge a donation and that you will be solely responsible for any decision to become a Donor. You understand that your contribution is being made to TWB and that TWB has exclusive legal control over all donations. In the event that you make a donation pledge, you will be required to provide truthful, accurate, valid, and current credit card or other payment information at the time of the pledge. You agree that all donations are final.

 

 

• Electronic Documents and Signatures

 

When you communicate with TWB through or on our Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same legal force and effect as if they were in writing and signed by the party sending the communication.

 

You further acknowledge and agree that by clicking on a button labeled “SUBMIT”, “BUY NOW”, “PURCHASE”, “ORDER NOW”, “I ACCEPT”, “I AGREE” or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including, without limitation, the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229, 15 U.S.C. § 7001 et seq. or other similar statutes (and any revisions or amendments thereto), YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

 

• Our Intellectual Property Rights and the Intellectual Property Rights of Others

 

You acknowledge that content available through our Website or other pages we operate, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, images, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyright, trademark, patent, or other proprietary rights and intellectual property laws. You are hereby granted a non-exclusive, non-transferable, revocable, limited license to view, copy and print content retrieved from the Website for the sole purpose of placing an order via the Website, provided that you do not remove, alter or obscure the Intellectual Property Right notice or other notices displayed on or embedded in the content. This limited license is subject to your strict compliance with these Terms including, but not limited to, Sections 1 (Who Can Use Our Website) and 2 (Your Use of Our Website) above. Except as expressly provided in these Terms, nothing contained in these Terms or on the Website shall be construed as conferring any other license or right, expressly, by implication, by estoppel, or otherwise, under any of TWB’s or a third party’s Intellectual Property Rights. Any rights not expressly granted herein are reserved.

 

• DISCLAIMERS OF WARRANTIES

 

EXCEPT WHERE UNENFORCEABLE OR INAPPLICABLE, INCLUDING THE STATE OF NEW JERSEY:

THE WEBSITE AND PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, TWB EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED WITH RESPECT TO THE WEBSITE AND PRODUCTS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TWB DOES NOT MAKE ANY WARRANTY THAT THE WEBSITE WILL MEET ANY REQUIREMENTS, OR THAT ACCESS TO THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. TWB MAKES NO, AND EXPRESSLY DISCLAIMS, ALL WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEBSITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH ANY TWB WEBSITE, INCLUDING BUT NOT LIMITED TO ANY LIVE CHAT OR STATIC OR DYNAMIC CONTENT.

YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA.

 

NO INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM TWB OR THROUGH THE WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

 

• LIMITATIONS OF LIABILITY

 

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, INCLUDING THE STATE OF NEW JERSEY, TWB IS NOT LIABLE TO YOU FOR CLAIMS OR LIABILITIES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR ANY OTHER DAMAGES ARISING OUT OF OR RELATED TO THE USE OF THE WEBSITE OR PRODUCTS BY YOU OR BY THIRD PARTIES, REGARDLESS OF WHETHER TWB HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY) OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEBSITE; (2) THE USE OF, OR THE INABILITY TO USE, PRODUCTS PURCHASED ON OR THROUGH THE WEBSITE; OR (3) THE COST OF PROCUREMENT OF SUBSTITUTE ITEMS.

 

IF, NOT WITHSTANDING THE LIMITATIONS OF LIABILITY SET FORTH ABOVE, TWB IS FOUND LIABLE UNDER ANY THEORY, TWB’S LIABILITY AND YOUR EXCLUSIVE REMEDY WILL BE LIMITED TO MONEY DAMAGES NOT TO EXCEED $100. THIS LIMITATION OF LIABILITY IS UNENFORCEABLE AND INAPPLICABLE IN CERTAIN STATES, INCLUDING NEW JERSEY. CONSUMERS IN THOSE STATES MAY HAVE ADDITIONAL RIGHTS.

 

• INDEMNIFICATION

 

To the fullest extent permitted by law, you will protect, defend, indemnify and hold harmless TWB, and all of its directors, officers, employees, agents, and contractors from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with or related to (i) your use of the Website; (ii) information you submit or transmit through the Website; (iii) privacy, tort or other claims (e.g., claims under the Federal Telephone Consumer Protection Act or state law equivalents) relating to the provision of personal information (e.g., telephone number) to TWB that is not owned by you in contravention of this Agreement; or (iv) your breach of this Agreement.

 

• MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER

 

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AGREE THAT ANY CLAIM THAT YOU MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST.

 

YOU AGREE THAT YOU MAY ONLY BRING A CLAIM IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

 

• General

 

Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, TWB, or any involved third party relating to your account, your use of the Website, your relationship with TWB, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, your donation, and any act or omission by TWB or any third party related to your use or attempted use of the products or your donation. You, TWB, or any involved third party may pursue a Claim. TWB agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against TWB. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding arbitration. This arbitration provision sets forth the terms and conditions of our agreement to final and binding arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended.

 

• Exceptions

 

As an exception to final and binding arbitration, you and TWB both retain the right to pursue, in a small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis. TWB will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending only in that court on an individual (non-class) basis. Binding arbitration also does not apply to disputes concerning trade secret misappropriation, patent infringement, copyright infringement or misuse, or trademark infringement or dilution.

 

• Required Pre-Dispute Procedures

 

You acknowledge and agree that before initiating any Claim against TWB, you will first give us an opportunity to resolve your problem or dispute. This includes sending a written description of the issue to us, including, but not limited to, information or representations related to the product or donation upon which you rely. You may send the written description by U.S. Mail to Together We Bake, Downtown Baptist Church, 212 South Washington Street, Alexandria, VA 22314, Attn: Elizabeth Bennett or by e-mail to info@togetherwebake.org. You agree to negotiate with TWB or its designated representative in good faith about your problem or dispute. If for some reason your problem or dispute is not resolved to your satisfaction within 60 days after TWB’s receipt of your written dispute, you agree to the dispute resolution provisions below.

 

1. Commencing Arbitration

You and TWB agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.

 

1. Arbitration Location

For your convenience, the arbitration may be conducted in the federal district where you reside. It may be held by telephone or through written submissions if both you and TWB agree.

 

1. Organization, Rules and the Arbitrator

You agree that any Claims shall be resolved by submitting the dispute to final and binding confidential arbitration before a single arbitrator who is a retired judge or an experienced attorney with experience in the subject(s) of the Claim. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with the Rules of the American Arbitration Association (“AAA”), which shall govern the parties’ final and binding confidential arbitration.

 

The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or TWB.

 

1. Fees

The parties shall share equally in any fees, including, but not limited to, any case initiation fees and hourly fees, charged by the arbitrator or his/her staff. The parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses. Please note, however, that if TWB is the prevailing party in the arbitration, applicable law may allow the arbitrator to award attorneys’ fees and costs to TWB.

 

1. Award

The arbitrator shall follow Virginia substantive law and may order any relief if permitted by law. The arbitrator may award any form of individual relief, including injunctions and punitive damages, so long as they are in accordance with applicable law. The arbitrator may award costs or fees to a prevailing party, but only if the law expressly allows it. Nothing herein shall be construed to limit the arbitrator’s ability to award remedies provided by applicable law. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA.

 

1. Enforceability

This provision survives termination of your account or relationship with TWB, bankruptcy, assignment or transfer. If the class action waiver is deemed unenforceable in whole or in part (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.

 

1. Miscellaneous

Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This Section 12 is the entire arbitration agreement between you and TWB and shall not be modified except in writing by TWB.

1. Amendments

TWB reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of a product or donation on or through the Website, or use or attempted use of a TWB product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, TWB will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase of a product or donation on or through the Website, or use or attempted use of a TWB product, is affirmation of your consent to such material changes.

YOU HAVE THE RIGHT TO OPT-OUT OF THIS ARBITRATION PROVISION WITHIN 30 DAYS FROM THE DATE OF PURCHASE, USE, OR ATTEMPTED USE OF A PRODUCT PURCHASED OR DONATION ON OR THROUGH THE WEBSITE (WHICHEVER COMES FIRST) BY WRITING TO TOGETHER WE BAKE, DOWNTOWN BAPTIST CHURCH, 212 SOUTH WASHINGTON STREET, ALEXANDRIA, VA 22314 ATTN: ELIZABETH BENNETT FOR YOUR OPT-OUT TO BE EFFECTIVE, YOU MUST SUBMIT A SIGNED WRITTEN NOTICE IDENTIFYING ANY PRODUCT YOU PURCHASED, USED OR ATTEMPTED TO USE, OR DONATION MADE, WITHIN THE 30 DAYS AND THE DATE YOU FIRST PURCHASED, USED OR ATTEMPTED TO USE THE PRODUCT. UNTIMELY OPT-OUTS WILL NOT BE VALID AND YOU MUST PURSUE YOUR CLAIM THROUGH ARBITRATION AS SET FORTH IN THIS AGREEMENT.

 

• Links to Third Party Websites

 

Our Website may provide links to other websites or resources, including advertisers, over which TWB has no control. These links are provided for the user’s convenience and should not be viewed to be an endorsement by TWB of that third party site’s content, products, or services. Your access, view and use of these links is at your own risk. TWB makes no representations or warranties with respect to the content, ownership, or legality of any third party linked websites. You agree that TWB has no responsibility or liability for the availability of such external websites or resources, or for the content, advertising, products, services, or other materials available through third party websites or resources. When you leave the Website via a link to another website, you are subject to that site’s privacy policy, terms of use and other policies (“Third Party website policies”) applicable to that site and you should review the Third Party website policies.

 

• Communicating with TWB

 

You understand that all telephone calls, live chats and other communications such as personal messaging or social media posts to or from TWB may be monitored and recorded and you consent to such monitoring and recording.

You verify that any contact information provided to TWB is true, accurate and current. You further verify that you are the account subscriber or that you own or are an authorized user of any telephone numbers, email addresses, etc. that you provide to TWB and that by voluntarily providing your contact information to TWB, you agree to be contacted at the telephone numbers or at any other contact method you provide.

You consent to receive e-mails, pre-recorded voice messages or autodialed calls (including text messages) to the e-mail addresses and phone number(s) provided by you at the time of purchase (including any cell phone numbers) by or on behalf of TWB relating to this Agreement, any purchase or transaction with TWB, matters related to your account, and promotions regarding TWB products. You agree to receipt of such communications made by or on behalf of TWB even if your phone number is registered on a state or federal Do Not Call list. You acknowledge that you may incur a charge for these communications by your telephone or internet carrier and that TWB will not be responsible for these charges. Your consent to this communications provision is not required to make any purchase from or donation to TWB.

You agree to provide TWB notice within 30 days of any change to your contact information by writing to Together We Bake, Downtown Baptist Church, 212 South Washington Street, Alexandria, VA 22314, Attention: Elizabeth Bennett or emailing info@togetherwebake.org

 

• Term & Termination of Agreement and Your Use of Our Website

 

This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT”, “BUY NOW”, “PURCHASE”, “ORDER NOW”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase or donation, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using this Website, whichever is earliest. You agree that TWB may, in its sole discretion, and at any time, revise, terminate or suspend its operation of the Website or your use of the Website, without prior notice to you, for any reason. You further agree that TWB shall not be liable to you or to any third party for the consequences of such termination, suspension or revision. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival of rights of certain provisions identified below. Termination will be effective without notice. Sections 7 through 14 and 17 through 19 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with TWB.

 

• Modifications

 

TWB may make changes to these Terms, from time to time, in its sole discretion, by updating and posting the revised terms on the Website without notice to you. Your continued use of the Website following the posting of a new version of the Terms constitutes your acceptance of any such changes. Accordingly, whenever you visit the Website, you should check to see if a new version has been posted.

 

• Trademarks

 

All trademarks and service marks displayed on the Website are the property of TWB or other respective owners. You may not use or display any trademarks or service marks owned by TWB without the company’s prior written consent and you may not otherwise use or display any other trademarks or service marks displayed on the Website without the permission of the owner.

 

• Copyright Policy

 

TWB respects the copyright and intellectual property rights of others and may, without notice, remove content that appears to infringe the copyright or other intellectual property rights of others. In addition, TWB may terminate access by users who appear to infringe the copyright or other intellectual property rights of others. Further, TWB will comply with the Digital Millennium Copyright Act.

 

• Additional Terms

 

 

 

• Complete Agreement. The Terms, the Privacy Policy, and any other posted policy constitute the entire Agreement between TWB and you respecting use of the Website and purchase and use of products, superseding all prior agreements and/or representations between you and TWB. If there is any conflict between these Terms and those in the Privacy Policy, or any other posted policy, these Terms will control, except to the extent that the Privacy Policy imposes additional restrictions and liabilities on your actions.

 

 

 

• Governing Law and Venue for Other Actions. This Agreement shall be exclusively construed and governed by the laws of the Commonwealth of Virginia, without giving effect to principles of conflicts of law. Any controversy excluded from the dispute resolution procedure and class action waiver provisions in the parties’ Agreement (other than an individual action filed in small claims court with jurisdiction) shall be filed only in a court of competent jurisdiction located in Alexandria, Virginia, and each party hereby irrevocably and unconditionally consents and submits to the exclusive personal and subject matter jurisdiction and venue of such courts for any such controversy.

 

 

 

• Severability. If a provision of this Agreement is held to be illegal, invalid or unenforceable, then: (i) it must be deemed amended to achieve as nearly as possible the same economic effect as the original provision; and (ii) the legality, validity and enforceability of the remaining provisions of this Agreement must not be affected or impaired.

 

 

 

• Waiver. No failure or delay on the part of TWB in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by TWB.

 

 

 

• Notwithstanding the terms above, certain provisions set forth herein, including the disclaimers of warranties and limitations of liability, shall not apply to New Jersey residents pursuant to the Truth-in-Consumer Contract, Warranty and Notice Act (TCCWNA), N.J.S.A. §§ 56:12-14 to -18.