TERMS OF USE

Last Revised:  April 16, 2015

Welcome to the Paris Baguette Family Inc. (“Paris Baguette Family”) website. The following rules and regulations apply to all visitors to or users of the www.parisbaguettefamily.com website.  By accessing or using this website, you agree to be bound by these terms and conditions, which may be modified by us at any time.

1. Products and Pricing

Please note that all products, supplies, services and their pricing and availability may be subject to change at any time without notice at the sole discretion of Paris Baguette Family. In addition, the inclusion of any products, supplies or services on the website does not imply or warrant that these products, supplies or services will be available at any time. We make no representations as to the accuracy, correctness or completeness of any information on this website.

We reserve the right, but are not obligated, to limit sales of our products, supplies or services to any person, geographic region or jurisdiction. We also reserve the right to discontinue any product, supplies or services at any time and may require verification of information prior to the acceptance and/or delivery of any products, supplies or services.  We may exercise these rights on a case-by-case-basis.

Any offer for any products, supplies or services made on this website is void where prohibited.

2. Methods of Payment

An order is not binding upon Paris Baguette Family until it is accepted.  Payment for orders is COD.  The final charges to you may be different than those states on the website or in the order confirmation, which may include applicable taxes and delivery fees. While it is our practice to confirm any and all orders by email, the receipt of an order confirmation by email does not constitute our acceptance of an order or our confirmation of an offer to sell any products, supplies or services.  If for any reason you input an incorrect or invalid order online, you will be solely responsible for any costs incurred in fulfilling the order as well as any incidental or consequential damages that may arise.

3. Return Policy

All products, supplies or services ordered on this website are subject to refund in our sole discretion. Please choose and order products, supplies or services carefully. Any exchange, credit or refund will be determined on a case-by-case basis and at our sole discretion.

4. Registration, Accounts and Passwords

You are responsible for the protection and security of any password or username that you may use to access this website. You are responsible for all direct or indirect damages and liable for all activity conducted on this website that can be linked or traced back to your username or password. You are obligated to immediately report a lost or stolen password or username to us.

5. Your Communications

Paris Baguette Family shall be free but not obligated to use any ideas, concepts, texts, photographs, images or information contained in any communications you post on the website forums or send to the website (“Communications”), including but not limited to use, edit, alter, amend, remove, copy, reproduce, publish, distribute, exhibit or prepare derivative works from the Communications in whole or in part in any form, media or technology without any payment or authorization by you. You understand that such Communications may be accessed or viewed by others, including the general public.  You are solely responsible for your own Communications and you agree to indemnify Paris Baguette Family and its affiliates for all claims resulting from the Communications you post or submit. Paris Baguette Family reserves the right to determine in its sole discretion whether your Communications are appropriate and comply with these website terms and conditions.

6. Restrictions on Use

This website and all of its materials and content, including and not limited to the Paris Baguette trademark, software, source code, HTML code, scripts, apps, text, artwork, photographs, images, animations, video and audio (collectively “Materials”) are protected by U.S. copyright and trademark laws and other international laws and treaties.  All Materials on this website are provided by Paris Baguette Family as a limited license to inform its current and prospective users regarding Paris Baguette Family’s products, services and features and to allow users to place orders through this website. No right, title or interest is conveyed through the use and display of the Materials on this website.  As such, you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, alter, create derivative works from, sell, license or otherwise exploit this website or any of its Materials without prior written permission from Paris Baguette Family.  In addition, you may not access or use this website or its Materials for any competitive or commercial purpose. Paris Baguette Family may revoke this limited license at any time for any reason.  All rights not expressly granted herein are reserved by Paris Baguette Family.

You are not allowed to utilize data mining, robots, web crawlers or any other data-gathering or extraction software on our website. You are not authorized to distribute or commercialize any content on this site, including any collection of product lists, descriptions or prices. You are not allowed to frame or use framing methods to contain any trademark, logo or other proprietary information (which includes images, text, page layout or form) of this website. You may not incorporate meta tags or any other “hidden text” that include our name or trademarks.

You are prohibited from violating or attempting to violate the security of the website, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) attempting to interfere with service to any user, host or network with access to the website, including, without limitation, via means of submitting a virus to the website, overloading, flooding, spamming, mail-bombing, crashing or usurping the website’s resources or bandwidth; (d) sending unsolicited email, including promotions and/or advertising of products or services; or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting.

In addition to any remedies that we may have at law or in equity, if we determine, in our sole discretion, that you have violated or are likely to violate the foregoing prohibitions, we may take any action we deem necessary to cure or prevent the violation, including without limitation, the immediate removal of the related materials from the website. We will fully cooperate with any law enforcement authorities or court order or subpoena requesting or directing us to disclose the identity of anyone posting such materials. Paris Baguette Family will aggressively enforce its intellectual property rights to the fullest extent of the law, including seeking of civil remedies and criminal prosecution.

7. Disclaimer of Warranty and Limitation of Liability

YOU AGREE THAT THE USE OF THIS SITE IS AT YOUR OWN RISK. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY WARRANTIES OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. NEITHER PARIS BAGUETTE FAMILY NOR ITS PARENTS, SUBSIDIARIES OR AFFILIATES WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, MATERIALS OR SERVICES PROVIDED ON OR THROUGH THE WEBSITE. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND PARIS BAGUETTE FAMILY, ITS PARENTS, SUBSIDIARIES AND AFFILIATES DO NOT MAKE ANY COMMITMENT OR ASSUME ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. THE FOREGOING EXCLUSIONS OF IMPLIED WARRANTIES DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

THIS DISCLAIMER OF LIABILITY PERTAINS TO ANY DAMAGES OR INJURY RESULTING FROM ANY PERFORMANCE FAILURE, MISTAKE, OMISSION, INACCURACY, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF OR USE OF THIS SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR (INCLUDING STRICT LIABILITY), NEGLIGENCE OR UNDER ANY OTHER CAUSE OF ACTION. IN NO EVENT WILL PARIS BAGUETTE FAMILY OR ANY PERSON OR ENTITY INVOLVED IN CREATING, PRODUCING OR DISTRIBUTING THE SITE OR THE CONTENT INCLUDED THEREIN BE LIABLE IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) FOR ANY DAMAGES, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR SIMILAR DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR REVENUES, LOSS OF USE OR SIMILAR ECONOMIC LOSS ARISING OUT OF THE USE OR INABILITY TO USE THIS SITE.

IN THE EVENT OF ANY PROBLEM WITH THE WEBSITE OR ANY CONTENT THEREIN, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THE WEBSITE. IN THE EVENT OF ANY PROBLEM WITH THE SUPPLIES THAT YOU HAVE PURCHASED ON OR THROUGH THE WEBSITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS A RETURN AND REFUND FOR SUCH SUPPLIES IN ACCORDANCE WITH THE RETURN AND REFUND POLICY POSTED ON THE WEBSITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSS AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR UNDER ANY OTHER LEGAL THEORY (INCLUDING STRICT LIABILITY) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR USE OF AND ACCESS TO THIS SITE. THE FOREGOING DISCLAIMERS DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW.  IN SUCH CASES, PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.

8. Indemnification

You agree to defend, indemnify and hold harmless Paris Baguette Family, its parents, subsidiaries, affiliates, software licensor and their respective directors, officers, employees and agents from and against any and all claims, actions, demands, damages, costs, liabilities, losses and expenses, including attorneys’ fees and costs, arising out of or relating to your use of the site.

9. Jurisdiction and Dispute Resolution

Paris Baguette Family operates and controls this website from its offices and facilities within the State of California.  In the event of any dispute or controversy between you and Paris Baguette Family regarding this site, these terms and conditions, the privacy policies or any dispute arising out of or related to the website or its use or content, you agree to resolve the dispute in good faith by providing a written notice to Paris Baguette Family using registered mail describing the facts and circumstances of the dispute, including any relevant documentation, and allowing Paris Baguette Family thirty (30) days from the date of mailing to respond to the letter. The notice shall be sent to: Paris Baguette Family, 6100 South Malt Avenue, Commerce, California 90040, Attention: Legal Department.

In the event that we are unable to resolve the dispute with you within that time period and you seek to file a legal claim against us, you agree to file and resolve the dispute exclusively in the courts located in Los Angeles, California.  You also agree that the laws of the State of California will govern these terms and conditions, including Paris Baguette Family’s Privacy Policy.  You agree to submit to the personal jurisdiction of and agree that venue is proper in the courts located in Los Angeles, California for any legal action or proceeding related to these terms and conditions, privacy policies or any dispute arising out of or related to the website or its use or content.

10. Third Party or Linked Content

We may provide links from this website to one or more external websites or resources operated by third parties, including social media websites.  These links are provided for your information and convenience only.  Our posting of such links on our websites shall not be deemed to suggest or imply that Paris Baguette Family endorses or supports those third party websites or any content therein.

Paris Baguette Family does not control and is not responsible for any third party sites or any content, advertising, products, or other materials on or available through such sites.  Access to any third party sites is at your own risk and is subject to their sites’ rules, regulations and policies.

11. Privacy Policy

Paris Baguette Family is committed to protecting the privacy of its users and the visitors to this website. For information on how we collect, use or disclose the information in connection with your use of this website, please consult our Privacy Policy.

12. Changed Terms

We may update our terms and conditions periodically as changes in law, products or services may require amendments to these terms and conditions. If such changes occur, we will notify you by email and announce the change on our website. Your continued access of this website after such notice constitutes your acceptance of such updates or changes.

13. Miscellaneous

These terms of use constitute the entire agreement of the parties with respect to the subject matter hereof and supersede all previous written or oral agreements between the parties with respect to such subject matter. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall not be given any legal import.

14. Franchisees Only

To the extent that anything stated on this site, including, without limitation, our Privacy Policy and these Terms and Conditions, differs from the terms of a Franchisee’s franchise agreement with us, the terms of the franchise agreement govern.