UNITED STATES BAKERY - TERMS OF USE

Last Updated: August 6, 2024

These Terms of Use, together with our Privacy Policy, and any other legal notices, terms, and policies expressly incorporated herein (collectively, “Terms of Use”) are a binding agreement between you and United States Bakery and its subsidiaries and affiliates (collectively, “U.S. Bakery,” “we,” or “us”).  These Terms of Use govern your access to and use of www.svenhards.com, www.franzbakery.com, www.dunfordbakers.com, www.nakedbreads.com, www.ketoculturebaking.com, www.seattlebaking.com, www.lovesbakery.com, www.alaskagrains.com, www.franzglutenfree.com, including any content, functionality, and services offered on or through the foregoing domain names (collectively, our “Websites”).

Please read these Terms of Use carefully before you start to use our Websites.  By using our Websites 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 or the Privacy Policy, you must not access or use our Websites.

Our Websites are offered and available to users 18 years of age or older and reside in the United States.  By using our Websites, you represent and warrant that you meet all of the foregoing eligibility requirements.  If you do not meet all of these requirements, you must not access or use our Websites.

We may revise and update these Terms of Use from time to time in our sole discretion.  All changes are effective immediately when we post them and apply to all access to and use of our Websites thereafter.  Your continued use of our Websites following the posting of revised Terms of Use means that you accept and agree to the changes.  You are expected to check this page frequently, so you are aware of any changes, as they are binding on you.

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

To access our Websites or some of the resources they offer, you may be asked to provide certain registration details or other information.  It is a condition of your use of our Websites that all the information you provide on our Websites is correct, current, and complete.  You agree that all information you provide to register with our Websites or otherwise, including, but not limited to, through the use of any interactive features on our Websites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity.  You also acknowledge that your account is personal to you and agree not to provide any other person with access to our Websites or portions of it using your username, password, or other security information.  You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security.  You also agree to ensure that you exit from your account at the end of each session.  You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, 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.

Our Websites and their 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 U.S. Bakery, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You shall not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Websites, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print or download one copy of a reasonable number of pages of our Websites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide social media features, you may take such actions as are enabled.

You must not:

• Modify copies of any materials from this site.
• Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Websites.

If you wish to make any use of material on our Websites other than that set out in this section, please address your request to: info@usbakery.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Websites in breach of the Terms of Use, your right to use our Websites will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.  No right, title, or interest in or to our Websites or any content on our Websites is transferred to you, and all rights not expressly granted are reserved by U.S. Bakery.  Any use of our Websites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Our company name and all related brand names, logos, product and service names, designs, and slogans are trademarks of U.S. Bakery or its affiliates or licensors.  You shall not use such marks without the prior written permission of U.S. Bakery.  All other names, logos, product and service names, designs, and slogans on our Websites are the trademarks of their respective owners.

Prohibited Uses

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

• 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 U.S. or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To upload, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate U.S. Bakery, a U.S. Bakery employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of our Websites, or which, as determined by us, may harm U.S. Bakery or users of our Websites, or expose them to liability.

Additionally, you agree not to:

• Use our Websites in any manner that could disable, overburden, damage, or impair our Websites or interfere with any other party’s use of our Websites, including their ability to engage in real time activities through our Websites.
• Use any robot, spider, or other automatic device, process, or means to access our Websites for any purpose, including monitoring or copying any of the material on our Websites.
• Use any manual process to monitor or copy any of the material on our Websites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of our Websites.
• 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 our Websites, the server on which our Websites are stored, or any server, computer, or database connected to our Websites.
• Attack our Websites via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of our Websites.

User Uploads

Our Websites may allow you to upload content or materials (“User Uploads”) on or through our Websites.  All User Uploads must comply with the Content Standards set out in these Terms of Use.  Any User Uploads will be considered non-confidential and non-proprietary.  By providing User Uploads on our Websites, 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 your User Uploads 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.
• All of your User Uploads do and will comply with these Terms of Use.

You understand and acknowledge that you are responsible for any User Uploads you submit or contribute, and you, not U.S. Bakery, 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 Uploads provided by you or any other user of our Websites.

Monitoring and Enforcement; Termination

We have the right to:

• Destroy any User Uploads for any or no reason in our sole discretion.
• Take any action with respect to any User Upload that we deem necessary or appropriate in our sole discretion, including if we believe that such User Upload violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of our Websites or the public, or could create liability for U.S. Bakery.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Websites.
• Terminate or suspend your access to all or part of our Websites 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 uploading any materials on or through our Websites.  YOU WAIVE AND HOLD HARMLESS U.S. BAKERY AND ITS AFFILIATES, 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.

However, we cannot and do not undertake to monitor all User Uploads.  Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.  We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.

These content standards apply to any and all User Uploads.  User Uploads must in their entirety comply with all applicable federal, state, local, and international laws and regulations.  Without limiting the foregoing, User Uploads must not:

• Reveal sensitive personal information, such as your health information, social security numbers, and financial information.
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• 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 or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.

Changes to our Websites

We may update the content on our Websites from time to time, but their contents are not necessarily complete or up-to-date.  Any material or content on our Websites may be out of date at any given time, and we are under no obligation to update such material.  While we have made every effort to display as accurately as possible the colors and images of our products that appear through our Websites, we cannot guarantee that your device’s display will be accurate.  All descriptions and pricing of products are subject to change at any time without notice, at our sole discretion.

Information About You and Your Visits to our Websites

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Online Purchases and Other Terms and Conditions

All purchases made through our Websites (if such a feature is available) are subject to additional terms and conditions provided to you at checkout, such as our Refund Policy. These additional terms and conditions are hereby incorporated by reference into these Terms of Use. We also reserve the right to refuse any order you place with us. In our sole discretion, we may limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.

Additionally, we may run contests, sweepstakes, or promotions (each an “Event” and, collectively, “Events”) from time to time, each of which will be subject to its own terms and conditions, in addition to these Terms of Use. In the event of any conflict between these Terms of Use and the specific terms and conditions of an Event, the specific Event terms and conditions will take precedence.

Linking to our Websites and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

Our Websites may provide certain social media features that enable you to:

• Link from your own or certain third-party websites to certain content on our Websites.
• Send emails or other communications with certain content, or links to certain content, on our Websites.
• Cause limited portions of content on our Websites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features.  Subject to the foregoing, you must not:

• Establish a link from any website that is not owned by you.
• Cause our Websites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
• Link to any part of our Websites other than the homepage.
• Otherwise take any action with respect to the materials on our Websites that is inconsistent with any other provision of these Terms of Use.

The websites from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.

• You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion.

Links from our Websites

If our Websites contains links to other sites and resources provided by third parties, these links are provided for your convenience only.  This includes links contained in advertisements, including banner advertisements and sponsored links.  We have no control over the contents of those sites or resources and accept no responsibility for them 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 our Websites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

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

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Websites will be free of viruses or other destructive code.  You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data.  TO THE FULLEST 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 OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES IS AT YOUR OWN RISK.  BY VOLUNTARILY UPLOADING CONTENT IN YOUR USER UPLOADS, INCLUDING ANY SENSITIVE OR PERSONAL INFORMATION YOU CHOOSE TO DISCLOSE, YOU ACKNOWLEDGE AND AGREE THAT YOU DO SO AT YOUR OWN RISK.  WE DISCLAIM ANY RESPONSIBILITY FOR DISCLOSURES ARISING FROM SUCH VOLUNTARY SUBMISSIONS, AND YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT YOU CHOOSE TO SHARE IN YOUR USER UPLOADS. OUR WEBSITES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.  NEITHER U.S. BAKERY NOR ANY PERSON ASSOCIATED WITH U.S. BAKERY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR WEBSITES.  WITHOUT LIMITING THE FOREGOING, NEITHER U.S. BAKERY NOR ANYONE ASSOCIATED WITH U.S. BAKERY REPRESENTS OR WARRANTS THAT OUR WEBSITES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR WEBSITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, U.S. BAKERY 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.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL U.S. BAKERY, ITS AFFILIATES, 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, OUR WEBSITES, ANY WEBSITES LINKED TO IT, ANY CONTENT ON OUR WEBSITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY 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.  IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through our Websites.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless U.S. Bakery, its affiliates, 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 or your use of our Websites, including, but not limited to, your User Uploads, any use of our Websites’ content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from our Websites.

Governing Law and Jurisdiction

All matters relating to our Websites 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 Oregon without giving effect to any choice or conflict of law provision or rule (whether of the State of Oregon or any other jurisdiction).

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

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR WEBSITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.  EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.

Waiver and Severability

No waiver by U.S. Bakery of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of U.S. Bakery to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

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.

Entire Agreement

These Terms of Use constitute the sole and entire agreement between you and U.S. Bakery regarding our Websites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding our Websites.

Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to our Websites should be directed to info@usbakery.com.

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