Conditions of Use : Organic Vegan Dog Treats at a Unique Bakery and Gift Shop for Dogs, Goodness for Dogs and the People Who Love Them

1. ACCEPTANCE OF TERMS

Boston Baked Bonz, LLC ("Boston Baked Bonz") welcomes you. Boston Baked Bonz provides the Boston Baked Bonz Website and Online Store (defined below) to you subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. By accessing and using the Boston Baked Bonz Website and Online Store, you accept and agree to be bound by the terms and provision of the TOS. In addition, when using particular Boston Baked Bonz owned or operated services, you and Boston Baked Bonz shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

2. DESCRIPTION OF BOSTON BAKED BONZ WEBSITE AND ONLINE STORE

Boston Baked Bonz provides users with access to a collection of resources, including without limitation various communications tools, forums, shopping services, and personalized content which may be accessed through the Boston Baked Bonz Website and Online Store. You also understand and agree that the Boston Baked Bonz Website and Online Store may include certain communications from Boston Baked Bonz, such as service announcements, administrative messages and the Boston Baked Bonz Newsletter, and that these communications are considered part of Boston Baked Bonz membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Boston Baked Bonz Website and Online Store shall be subject to the TOS. You understand and agree that the Boston Baked Bonz Website and Online Store is provided "AS-IS" and that Boston Baked Bonz assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Boston Baked Bonz Website and Online Store, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Boston Baked Bonz Website and Online Store.

You understand that the technical processing and transmission of the Boston Baked Bonz Website and Online Store, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

3. YOUR REGISTRATION OBLIGATIONS

In consideration of your use of the Boston Baked Bonz Website and Online Store, you represent that you are of legal age to form a binding contract and are not a person barred from receiving the Boston Baked Bonz Website and Online Store under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Boston Baked Bonz Website and Online Store’s registration form (the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or Boston Baked Bonz has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Boston Baked Bonz has the right to suspend or terminate your account and refuse any and all current or future use of the Boston Baked Bonz Website and Online Store (or any portion thereof).

4. BOSTON BAKED BONZ PRIVACY POLICY

Registration Data and certain other information about you are subject to our applicable Privacy Policy. You understand that through your use of the Boston Baked Bonz Website and Online Store you consent to the collection and use (as set forth in the applicable privacy policy) of this information.

5. MEMBER ACCOUNT, PASSWORD AND SECURITY

You will receive a password and account designation upon completing the Boston Baked Bonz Website and Online Store’s registration process. You are responsible for maintaining the confidentiality of the password and account and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify Boston Baked Bonz of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. Boston Baked Bonz cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.

6. MEMBER CONDUCT

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not Boston Baked Bonz, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Boston Baked Bonz Website and Online Store.

You agree to not use the Boston Baked Bonz Website and Online Store to:

a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;

b. impersonate any person or entity, including, but not limited to, a Boston Baked Bonz official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;

c. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

d. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;

e. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, or any other form of solicitation;

f. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

g. interfere with or disrupt the Boston Baked Bonz Website and Online Store or servers or networks connected to the Boston Baked Bonz Website and Online Store, or disobey any requirements, procedures, policies or regulations of networks connected to the Boston Baked Bonz Website and Online Store, including using any device, software or routine to bypass our systems;

h. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;

i. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;

j. "stalk" or otherwise harass another; and/or

k. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through j above.

You acknowledge that Boston Baked Bonz may or may not pre-screen Content, but that Boston Baked Bonz and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or remove any Content that is available via the Boston Baked Bonz Website and Online Store. Without limiting the foregoing, Boston Baked Bonz and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by Boston Baked Bonz or submitted to Boston Baked Bonz.

You acknowledge, consent and agree that Boston Baked Bonz may access, preserve and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (i) comply with legal process; (ii) enforce the TOS; (iii) respond to claims that any Content violates the rights of third parties; (iv) respond to your requests for customer service; or (v) protect the rights, property or personal safety of Boston Baked Bonz, its users and the public.

7. INTERSTATE NATURE OF COMMUNICATIONS ON BOSTON BAKED BONZ NETWORK

When you register with Boston Baked Bonz, you acknowledge that in using the Boston Baked Bonz Website and Online Store to send electronic communications (including but not limited to email, search queries, uploading pictures, reviewing products, and other Internet activities), you will be causing communications to be sent through Boston Baked Bonz's computer networks, portions of which are located in the United States and portions of which are located abroad. As a result, and also as a result of Boston Baked Bonz's network architecture and business practices and the nature of electronic communications, even communications that seem to be intrastate in nature can result in the transmission of interstate communications regardless of where you are physically located at the time of transmission. Accordingly, by agreeing to this TOS, you acknowledge that use of the service results in interstate data transmissions.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE BOSTON BAKED BONZ WEBSITE AND ONLINE STORE

Boston Baked Bonz does not claim ownership of Content you submit or make available for inclusion on the Boston Baked Bonz Website and Online Store. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Boston Baked Bonz Website and Online Store, you grant Boston Baked Bonz the following worldwide, royalty-free and non-exclusive license(s): the perpetual, irrevocable and fully sublicensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed:

9. CONTRIBUTIONS TO BOSTON BAKED BONZ

By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Boston Baked Bonz, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Boston Baked Bonz is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Boston Baked Bonz shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Boston Baked Bonz may have something similar to the Contributions already under consideration or in development; (e) your Contributions automatically become the property of Boston Baked Bonz without any obligation of Boston Baked Bonz to you; and (f) you are not entitled to any compensation or reimbursement of any kind from Boston Baked Bonz under any circumstances.

10. INDEMNITY

You agree to indemnify and hold Boston Baked Bonz and its subsidiaries, affiliates, officers, agents, employees, partners and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit, modify or otherwise make available through the Boston Baked Bonz Website and Online Store, your use of the Boston Baked Bonz Website and Online Store, your connection to the Boston Baked Bonz Website and Online Store, your violation of the TOS, or your violation of any rights of another.

11. NO COMMERCIAL REUSE OF BOSTON BAKED BONZ WEBSITE AND ONLINE STORE

You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion or use of, or access to, the Boston Baked Bonz Website and Online Store.

12. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Boston Baked Bonz may establish general practices and limits concerning use of the Boston Baked Bonz Website and Online Store, including without limitation the maximum number of times (and the maximum duration for which) you may access the Boston Baked Bonz Website and Online Store in a given period of time. You agree that Boston Baked Bonz has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Boston Baked Bonz Website and Online Store. You acknowledge that Boston Baked Bonz reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that Boston Baked Bonz reserves the right to modify these general practices and limits from time to time.

13. MODIFICATIONS TO BOSTON BAKED BONZ WEBSITE AND ONLINE STORE

Boston Baked Bonz reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Boston Baked Bonz Website and Online Store (or any part thereof) with or without notice. You agree that Boston Baked Bonz shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Boston Baked Bonz Website and Online Store (or any part thereof).

14. TERMINATION

You may terminate your Boston Baked Bonz account and access to the Boston Baked Bonz Website and Online Store by submitting such termination request to Boston Baked Bonz.

You agree that Boston Baked Bonz may, without prior notice, immediately terminate, limit your access to or suspend your Boston Baked Bonz account and access to the Boston Baked Bonz Website and Online Store. Cause for such termination, limitation of access or suspension shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b)requests by law enforcement or other government agencies, (c) discontinuance or material modification to the Boston Baked Bonz Website and Online Store (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, and/or (g) nonpayment of any fees owed by you in connection with the Boston Baked Bonz Website and Online Store. Further, you agree that all terminations, limitations of access and suspensions for cause shall be made in Boston Baked Bonz's sole discretion and that Boston Baked Bonz shall not be liable to you or any third party for any termination of your account, any associated email address, or access to the Boston Baked Bonz Website and Online Store.

Termination of your Boston Baked Bonz account includes any or all of the following: (a) removal of access to all or part of the offerings within the Boston Baked Bonz Website and Online Store, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Boston Baked Bonz Website and Online Store.

15. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Boston Baked Bonz Website and Online Store, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Boston Baked Bonz shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Boston Baked Bonz Website and Online Store.

16. LINKS

The Boston Baked Bonz Website and Online Store may provide, or third parties may provide, links to other World Wide Web sites or resources. You acknowledge and agree that Boston Baked Bonz is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products or other materials on or available from such sites or resources. You further acknowledge and agree that Boston Baked Bonz shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

17. BOSTON BAKED BONZ'S PROPRIETARY RIGHTS

You acknowledge and agree that the Boston Baked Bonz Website and Online Store and any necessary software used in connection with the Boston Baked Bonz Website and Online Store ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in advertisements or information presented to you through the Boston Baked Bonz Website and Online Store or by advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly permitted by applicable law or as authorized by Boston Baked Bonz or the applicable licensor (such as an advertiser), you agree not to modify, rent, lease, loan, sell, distribute, transmit, broadcast, publicly perform or create derivative works based on the Boston Baked Bonz Website and Online Store, such Content or the Software, in whole or in part.

You agree not to access the Boston Baked Bonz Website and Online Store by any means other than through the interface that is provided by Boston Baked Bonz for use in accessing the Boston Baked Bonz Website and Online Store.

18. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

a. YOUR USE OF THE BOSTON BAKED BONZ WEBSITE AND ONLINE STORE AND SOFTWARE ARE AT YOUR SOLE RISK. THE BOSTON BAKED BONZ WEBSITE AND ONLINE STORE AND SOFTWARE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. BOSTON BAKED BONZ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.

b. BOSTON BAKED BONZ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS MAKE NO WARRANTY THAT (i) THE BOSTON BAKED BONZ WEBSITE AND ONLINE STORE OR SOFTWARE WILL MEET YOUR REQUIREMENTS; (ii) THE BOSTON BAKED BONZ WEBSITE AND ONLINE STORE OR SOFTWARE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE BOSTON BAKED BONZ WEBSITE AND ONLINE STORE OR SOFTWARE WILL BE ACCURATE OR RELIABLE; AND (iv) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM BOSTON BAKED BONZ OR THROUGH OR FROM THE BOSTON BAKED BONZ WEBSITE AND ONLINE STORE OR SOFTWARE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

19. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT BOSTON BAKED BONZ AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS AND LICENSORS SHALL NOT BE LIABLE TO YOU FOR ANY PUNITIVE, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF BOSTON BAKED BONZ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (a) THE USE OR THE INABILITY TO USE THE BOSTON BAKED BONZ SERVICE; (b) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES; (c) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (d) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE BOSTON BAKED BONZ SERVICE; OR (e) ANY OTHER MATTER RELATING TO THE BOSTON BAKED BONZ SERVICE.

20. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 19 AND 20 MAY NOT APPLY TO YOU.

21. NO THIRD-PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this agreement.

22. NOTICE

Boston Baked Bonz may provide you with notices, including those regarding changes to the TOS, including by but not limited to email, regular mail, postings on the Boston Baked Bonz Website and Online Store, or other reasonable means now known or hereafter developed. Such notices may not be received if you violate this TOS by accessing the Boston Baked Bonz Website and Online Store in an unauthorized manner. Your agreement to this TOS constitutes your agreement that you are deemed to have received any and all notices that would have been delivered had you accessed the Boston Baked Bonz Website and Online Store in an authorized manner.

23. TRADEMARK INFORMATION

You agree that all of Boston Baked Bonz’s trademarks, trade names, service marks and other Boston Baked Bonz logos and brand features, and product and service names are trademarks and the property of Boston Baked Bonz, LLC (the "Boston Baked Bonz Marks"). Without Boston Baked Bonz's prior permission, you agree not to display or use in any manner the Boston Baked Bonz Marks.

24. GENERAL INFORMATION

Entire Agreement. The TOS constitutes the entire agreement between you and Boston Baked Bonz and governs your use of the Boston Baked Bonz Website and Online Store, superseding any prior version of this TOS between you and Boston Baked Bonz with respect to the Boston Baked Bonz Website and Online Store.

Choice of Law and Forum. You and Boston Baked Bonz each agree that the TOS and the relationship between the parties shall be governed by the laws of the State of Massachusetts without regard to its conflict of law provisions and that any and all claims, causes of action or disputes (regardless of theory) arising out of or relating to the TOS, or the relationship between you and Boston Baked Bonz, shall be brought exclusively in the courts located in the county of Norfolk, Massachusetts or the U.S. District Court for the District of Massachusetts (Boston). You and Boston Baked Bonz agree to submit to the personal jurisdiction of the courts located within the county of Norfolk, Massachusetts or the U.S. District Court for the District of Massachusetts (Boston), and agree to waive any and all objections to the exercise of jurisdiction over the parties by such courts and to venue in such courts.

Waiver and Severability of Terms. The failure of Boston Baked Bonz to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.

Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Boston Baked Bonz Website and Online Store or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.

The section titles in the TOS are for convenience only and have no legal or contractual effect.

25. VIOLATIONS

Please report any violations of the TOS to info@bostonbakedbonz.com.

Categories

Reviews [more]

Information