DISCLAIMERS AND LIMITATIONS OF LIABILITY
This Site is operated by Classic Le Palais Pastry a company located in California. Classic Le Palais Pastry makes no representations or warranties of any kind, express or implied, as to the accuracy, integrity, or completeness of the Content provided on the Site, the operation of the site, or the products or services offered for sale on the Site. The Site is provided on an “AS IS,” “as available” basis. Classic Le Palais Pastry will not be liable for any direct, incidental or consequential damages, whether foreseeable or not, which may result from the malfunction or unavailability of the site.
LIMITATIONS REGARDING INFORMATION, ARTICLES AND ADVICE
Classic Le Palais Pastry specifically disclaims warranties of any kind, whether expressed or implied, including but not limited to warranties of title, implied warranties of merchantability or warranties of fitness for a particular purpose. You expressly agree that your access to, viewing of, browsing, visiting or use of the Site is at your sole risk.
Classic Le Palais Pastry offers articles, information, and advice to users through this Site for educational purposes only. Any information offered through this Site is not intended to diagnose, treat, or cure you, and is not a substitute for medical care provided by a licensed doctor. No oral advice or written information given by Classic Le Palais Pastry or its Associates shall create a warranty. For any medical or health related advice concerning the care and treatment of you, please contact your regular doctor or hospital.
USAGE BY MINORS
The safety of children is important to Classic Le Palais Pastry. Classic Le Palais Pastry does not knowingly or intentionally collect information from persons under 13 years of age without parental consent. If you are under 13 and wish to purchase items from our Web Site or wish to provide personal information, ask a parent or guardian for assistance. Classic Le Palais Pastry cannot prohibit minors from visiting our Web Site and must rely on parents and guardians to decide which materials are appropriate for children under 13.
By registering with this Site, purchasing products from us or providing us with any information, you represent to us that you are legally permitted to enter into a binding contract (18 years of age or older in most jurisdictions) or, if you are under the legal age of consent, you have the express permission from your parent or guardian and that any information you provide to us is not inaccurate, deceptive or misleading.
LINKS
We are not responsible for the content of any sites that may be linked to or from the Site or any bulletin board associated with us or the Site. These links are provided for your convenience only and you access them at your own risk. Unless otherwise noted, any other website accessed from the Site are independent from us, and we have no control over the content of that other website. In addition, a link to any other web site does not imply that we endorse or accept any responsibility for the content or use of such other website.
In no event shall any reference to any third party or third party product or service be construed as our approval or endorsement of that third party or of any product or service provided by a third party.
ONLINE CONDUCT
You agree to use the Site only for lawful purposes. You are prohibited from posting on or transmitting through the Site any unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, racial, ethnic, or otherwise objectionable material of any kind, including but not limited to any material that is or that encourages fraudulent activity or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, federal, or international law. If we are notified of or suspect allegedly infringing, defamatory, damaging, illegal, or offensive Content provided by you (e.g., through an author chat or online review), we may (but without any obligation) investigate the allegation and determine in our sole discretion whether to remove or request the removal of such Content from the Site. We may disclose any Content or electronic communication of any kind (i) to satisfy any law, regulation, or government request; (ii) if such disclosure is necessary or appropriate to operate the Site; or (iii) to protect the rights or property of Classic Le Palais Pastry, its Associates, our users and customers and/or you.
We reserve the right to prohibit conduct, communication, or Content that we determine in our sole discretion to be unlawful or harmful to you, the Site, Site users, our customers or any rights of Classic Le Palais Pastry or any third party. Notwithstanding the foregoing, neither Classic Le Palais Pastry, nor its Associates can ensure prompt removal of questionable Content after online posting. Accordingly, neither Classic Le Palais Pastry, nor its Associates assume any liability for any action or inaction with respect to conduct, communication, or Content on the Site.
Users may not send unsolicited email messages (“spam”) to or through the site or otherwise harass the site owner or other users. We reserve the right to refuse to deal with any user who violates our rules.
SITE ACCESS
You may not download (other than page caching) or modify the Site or any portion of it without our express, prior written consent. This includes: a prohibition on any resale or commercial use of the Site or its Content; any collection and use of any product listings, descriptions, or prices; any derivative use or making adaptations of the Site or its Content; any downloading or copying of account information for the benefit of another merchant; and any use of data mining, screen-scraping, robots, or similar data gathering and extraction tools. The Site or any portion of the Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express, prior written consent. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Classic Le Palais Pastry or its Associates without our express, prior written consent. You may not use any meta tags or any other “hidden text” utilizing our name or trademarks without our express, prior written consent.
TERMINATION OF USAGE
We may terminate your access or suspend your right to access to all or part of the Site, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law, is in breach of these Terms and Conditions or is harmful to the interests of other users, Associates, or us. In addition, we reserve the right to refuse an order from any customer in our sole discretion.
PRODUCT DISPLAY AND COLORS
This Site attempts to display product images as accurately as possible. However, we can not guarantee that the color you see matches the product color. Note that the display of color may depend, in part, upon the monitor you are using.
DISCRIMINATION
We do not discriminate on the basis of age, race, national origin, gender, sexual orientation or religion.
TRADEMARKS
All trademarks displayed on this site are subject to the U.S. trademark rights of Classic Le Palais Pastry. These trademarks include, but are not limited to, product brand names, slogans, and logos. The unauthorized use of any trademark displayed on this site is strictly prohibited. In the event that any person has a dispute with any of the content on our site, notice of such dispute shall be provided promptly to us at
COPYRIGHT
You acknowledge that the Site contains information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) that are protected by copyrights, trademarks, trade secrets, rights in databases and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereinafter developed. All Content is copyrighted as a collective work under the U.S. copyright laws, and we own a copyright and/or database right in the selection, coordination, arrangement, presentment and enhancement of such Content.
You may not modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale of, create derivative works from or adaptations of, or in any way exploit any of the Content, in whole or in part. If no specific restrictions are displayed, you may make copies of select portions of the Content, provided that the copies are made only for your personal use and that you maintain any notices contained in the Content, such as all copyright notices, trademark legends, or other proprietary rights notices. Except as provided in the preceding sentence or as permitted by the fair use privilege under the U.S. copyright laws (see, e.g., 17 U.S.C. Section 107), your legal rights in relation to “fair dealing” under European copyright law, or your legal rights under any other similar copyright law, you may not upload, post, reproduce, or distribute in any way Content protected by copyright, or other proprietary right, without obtaining permission of the owner of the copyright or other propriety right.
Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use the Site or any information displayed on the Site, through the use of framing, deep linking or otherwise, except: (a) as expressly permitted by these Terms and Conditions; or (b) with our prior written permission or the prior written permission from such third party that may own the trademark or copyright of information displayed on the Site.
APPLICABLE LAW
If you access the Site from anywhere in the United States or Canada, you agree that the laws of the State of California, USA, without regard to principles of conflict of laws, will govern these Terms and Conditions and any dispute of any sort that might arise between you and Classic Le Palais Pastry and/or its Associates.
DISPUTES
If you access the Site from within the United States or Canada, any dispute relating in any way to your visit to the Site, to these Terms and Conditions, to our Privacy and Security Policy, to our advertising or solicitation practices or to products you purchase through the Site shall be submitted to confidential arbitration in Los Angeles, California, USA, except that, to the extent you have in any manner violated or threatened to violate Classic Le Palais Pastry’s intellectual property rights, Classic Le Palais Pastry may seek injunctive or other appropriate relief in any state or federal court in the State of California, USA and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
SITE POLICIES, MODIFICATION AND SEVERABILITY
Please review our other policies, such as our Privacy and Security Policy and others, all of which are incorporated herein by this reference and are posted on the Site and may be accessed by using the Search Help function on this page. These policies also govern your visit to the Site. We reserve the right to make changes to the Site, policies, and these Terms and Conditions at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.