Baker's Best Bakery Equipment - Keep America Baking!

Website Terms of use


Baker's Best Bakery Equipment

Bakers' Best, Inc.
6935 Stearns St.
Houston, TX 77021

(800) 496-2249
(713) 748-5441
sales@bestovens.com

Please read our Terms of Use carefully before accessing or using our Site.

ACCEPTANCE OF TERMS

By accessing or using this Site in any way, including using any Services, downloading Materials or merely browsing the Site (capitalized terms defined below), you agree to and are bound by the terms and conditions set forth in this document and in any changes thereto that Baker's Best, Inc., may publish from time to time (collectively, the "Terms of Use"). If you do not agree to all of the terms and conditions contained in the Terms of Use, do not access or use this Site.

Baker's Best, Inc., may change the Terms of Use and other guidelines and rules posted on the Site from time to time at its sole discretion. Your continued access or use of the Site, or any Materials or Services, constitutes your acceptance of the changes. Your access and use of the Site, Materials, and Services, will be subject to the most current version of the Terms of Use, rules and guidelines, posted on the Site at the time of such use. Please regularly check the "Terms of Use" link on the home page of bestovens.com to view the then-current terms. If you breach any of the Terms of Use, your authorization to access or use this Site, Services and Materials automatically terminates, and any Materials downloaded or printed from the Site in violation of the Terms of Use must be immediately destroyed.

THE SITE

Baker's Best, Inc., makes this Web site with links to the Terms of Use (collectively, the "Site"), and the Materials and Services, available for your access and use subject to the Terms of Use. "Materials" means all information, data, HTML, web enabled documents, communications, downloads, files, text, images, photographs, graphics, videos, web casts, publications, content, and products made available or enabled via the Site by Baker's Best, Inc.. "Services" means all services and resources offered or enabled via the Site by Baker's Best, Inc.. All Materials provided by Baker's Best, Inc. are referred to collectively as "Baker's Best, Inc., Materials".

ACCESSIBILITY

The Site was designed and is maintained to be viewed by a 4.0 compliant web browser, with Javascript enabled, at a minimum. For the most part, the Page Content has been separated from the Page Content Formatting, which is stored in a linked Cascading Style Sheet. This site is best viewed with a minimum screen resolution of 1024 X 768. Your current screen resolution is 1280 X 1024 .

INTELLECTUAL PROPERTY; LIMITED LICENSE TO USERS; TRADEMARK INFORMATION

The Materials and Services, as well as their selection and arrangement, are protected by copyrights, service marks, trademarks, patents, trade secrets, and all other intellectual property, and proprietary rights (collectively, "Intellectual Property Rights"), and any unauthorized use of the Materials or Services may violate such laws and the Terms of Use. Except as expressly provided herein, Baker's Best, Inc., and its suppliers do not grant any express or implied rights to use the Materials and Services. You agree not to copy, republish, frame, download, transmit, modify, adapt, create derivative works based on, rent, lease, loan, sell, assign, distribute, display, perform, license, sublicense or reverse engineer the Site, Materials or Services, any portions of the Site, Materials or Services or the selection and arrangement of the Site, Materials or Services, except as expressly authorized herein. In addition, you agree not to use any data mining, robots or similar data gathering and extraction methods in connection with the Site, Services or Materials.

The trademarks, logos, and service marks ("Marks") displayed on this Site are the property of Baker's Best, Inc., or other third parties. You are not permitted to use the Marks without the prior written consent of Baker's Best, Inc., or such third party that may own the Marks. Baker's Best, Inc., and the Baker's Best, Inc., logo are service marks of Baker's Best, Inc..

USE OF SITE AND SERVICES

You shall pay all costs and charges, including phone charges and telecommunications equipment costs, that you incur in order to access or use the Site, Services, and Materials. You must adhere to all limitations on dissemination, usage and reproduction of any Materials that you download from the Site that are subject to such limitations. You agree to use the Services only to access, download, utilize, post, send or receive Materials in an appropriate manner as related to the particular Materials or Services being accessed or used by you.

When using Services or Materials, you will be subject to any posted guidelines, rules or licenses applicable to such Services or Materials, in addition to the Terms of Use. Materials and Services provided by third parties (collectively, the "Third-Party Services") are governed by separate agreements accompanying such Materials and Services. Baker's Best, Inc. offers no guarantees and assumes no responsibility or liability of any type with respect to the Third-Party Services, including any liability resulting from incompatibility between a Third-Party Service, Baker's Best, Inc., Materials, Baker's Best, Inc., provided Services, or another Third-Party Service. You agree that you will not hold Baker's Best, Inc. responsible or liable with respect to the Third-Party Services, including any changes in product specifications or changes in design. Product specifications or changes in design may occur without notice and you agree to hold Baker's Best, Inc., and its vendors, harmless from these changes.

Baker's Best, Inc., in its sole discretion, may (but has no obligation to) monitor or review the Materials and Services at any time. Baker's Best, Inc., may at any time without notice and in its sole discretion: (a) terminate a Service, access to or use of any Materials or an area of the Site where Materials are posted or submitted; and (b) disclose any information related to your use of a Service or Material, or the substance of any of your posted or submitted Materials, as Baker's Best, Inc., deems necessary to comply with applicable law, regulation, legal process or governmental request.

RESTRICTION AND TERMINATION OF USE

Baker's Best, Inc., may block, restrict, disable, suspend or terminate your access to all or part of the Site, Services and Materials at any time and at Baker's Best, Inc.’s, sole discretion, without prior notice or liability to you.

LINKS TO THIRD PARTY SITES

The Site, Services or Materials may include links that will take you to other sites outside of the Site ("Linked Sites"). The Linked Sites are provided by Baker's Best, Inc. to you as a convenience and the inclusion of the links do not imply any endorsement by Baker's Best, Inc., of any Linked Site. Baker's Best, Inc., has no control of the Linked Sites and you therefore acknowledge and agree that Baker's Best, Inc., is not responsible for the contents of any Linked Site, any link contained in a Linked Site or any changes or updates to a Linked Site. You further acknowledge and agree that Baker's Best, Inc., is not responsible for any form of transmission (e.g. web casting) received from any Linked Site.

WARRANTIES AND DISCLAIMERS

THE SITE, SERVICES AND MATERIALS, ARE PROVIDED BY Baker's Best, Inc., UNDER THESE TERMS OF USE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, Baker's Best, Inc., MAKES NO WARRANTY THAT (i) THE SITE, SERVICES OR MATERIALS WILL MEET YOUR REQUIREMENTS; (ii) THE SITE, SERVICES OR MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM. THE USE OF THE SITE, SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE, OR RELIABLE; (iv) THE QUALITY OF THE SITE OR ANY SERVICES OR MATERIALS PURCHASED OR ACCESSIBLE BY YOU WILL MEET YOUR EXPECTATIONS; AND (v) ANY ERRORS OR DEFECTS IN THE SITE, SERVICES OR MATERIALS WILL BE CORRECTED.

THIS SITE, SERVICES AND MATERIALS MAY INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. Baker's Best, Inc., MAY MAKE CHANGES TO THE SITE, MATERIALS AND SERVICES, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCT OR SERVICE LISTED, AT ANY TIME IN ITS SOLE DISCRETION AND WITHOUT NOTICE. THE SITE, MATERIALS AND SERVICES MAY BE OUT OF DATE, AND Baker's Best, Inc., MAKES NO COMMITMENT TO UPDATE THE SITE, MATERIALS AND SERVICES.

YOU ACKNOWLEDGE AND AGREE THAT: (i) Baker's Best, Inc., DOES NOT CONTROL, ENDORSE, OR ACCEPT RESPONSIBILITY FOR ANY MATERIALS OR SERVICES OFFERED BY THIRD PARTIES, INCLUDING THIRD-PARTY VENDORS AND THIRD PARTIES ACCESSIBLE THROUGH LINKED SITES; (ii) Baker's Best, Inc., MAKES NO REPRESENTATIONS OR WARRANTIES WHATSOEVER ABOUT ANY SUCH THIRD PARTIES, THEIR PRODUCTS, MATERIALS, OR SERVICES; (iii) ANY DIRECT DEALINGS YOU MAY HAVE WITH SUCH THIRD PARTIES ARE AT YOUR OWN RISK; AND (iv) Baker's Best, Inc., SHALL NOT BE LIABLE OR RESPONSIBLE FOR ANY PRODUCTS, MATERIALS, OR SERVICES, OFFERED DIRECTLY BY THIRD PARTIES.

Baker's Best, Inc., DOES NOT CONTROL OR ENDORSE THE MATERIALS FOUND IN ANY SERVICES AND SPECIFICALLY DISCLAIMS ANY LIABILITY WITH REGARD TO THE SITE, SERVICES AND ANY ACTIONS RESULTING FROM YOUR USE OF THE SITE AND MATERIALS AND PARTICIPATION IN ANY SERVICES. MANAGERS, HOSTS, PARTICIPANTS, AND OTHER THIRD PARTIES ARE NOT AUTHORIZED Baker's Best, Inc., SPOKESPERSONS, AND THEIR VIEWS DO NOT NECESSARILY REFLECT THOSE OF Baker's Best, Inc.. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Baker's Best, Inc. WILL HAVE NO LIABILITY RELATED TO USER MATERIALS ARISING UNDER INTELLECTUAL PROPERTY RIGHTS, LIBEL, PRIVACY, PUBLICITY, OBSCENITY OR OTHER LAWS. Baker's Best, Inc., ALSO DISCLAIMS ALL LIABILITY WITH RESPECT TO THE MISUSE, LOSS, MODIFICATION OR UNAVAILABILITY OF ANY USER MATERIALS.

THE USE OF THE SITE, SERVICES OR THE DOWNLOADING OR OTHER USE OF ANY MATERIALS IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA OR OTHER HARM THAT RESULTS FROM SUCH ACTIVITIES. Baker's Best, Inc., ASSUMES NO LIABILITY FOR ANY COMPUTER VIRUS OR OTHER SIMILAR SOFTWARE CODE THAT IS DOWNLOADED TO YOUR COMPUTER FROM THE SITE OR IN CONNECTION WITH ANY SERVICES OR MATERIALS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Baker's Best, Inc., OR VIA THE SITE, SERVICES OR MATERIALS SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS OF USE. Baker's Best, Inc., WILL NOT BE LIABLE FOR ANY LOSS THAT YOU MAY INCUR AS A RESULT OF SOMEONE ELSE USING YOUR PASSWORD OR ACCOUNT WITH RESPECT TO THE SITE OR ANY SERVICES OR MATERIALS, EITHER WITH OR WITHOUT YOUR KNOWLEDGE.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. TO THE EXTENT PERMISSIBLE, ANY IMPLIED WARRANTIES ARE LIMITED TO NINETY (90) DAYS.

INTERNATIONAL USERS

This Site can be accessed from countries around the world and may contain references to Baker's Best, Inc., products and services that are not available in your country. These references do not imply that Baker's Best, Inc., intends to announce such products and services in your country. The Site is controlled, operated and administered by Baker's Best, Inc., from its offices within the United States of America. Baker's Best, Inc., makes no representation that the Site, the Services or Materials are appropriate or available for use at other locations outside the United States, and access to the Site from territories where the Site, the Services or Materials are illegal is prohibited. If you access the Site from a location outside the United States, you are responsible for compliance with all local laws.

INDEMNITY AND LIABILITY

You agree to indemnify and hold Baker's Best, Inc., and its officers, co-branders, other partners and employees harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of: (a) your connection to the Site, Services or Materials; (b) your violation of the Terms of Use; (c) your violation of any rights of any third party; (d) your access to or use of Linked Sites and your connections thereto; or (e) any dealings between you and any third parties advertising or promoting via the Site, Services or Materials.

PRICES AND PRICING POLICY

All pricing published in this Baker's Best, Inc., website and in any Baker's Best, Inc., printed materials, are always subject to change without notice.

GOVERNING LAW AND JURISDICTION

This Site (excluding linked sites) is controlled by Baker's Best, Inc., from its office within Harris County, the state of Texas, United States of America. By accessing this Site, you agree that all matters relating to your access to, or use of, this Site shall be governed by the statutes and laws of the State of Texas, without regard to the conflicts of laws principles thereof. The parties specifically disclaim the U.N. Convention on Contracts for the International Sale of Goods. You also agree and hereby submit to the exclusive personal jurisdiction and venue of the Supreme Court of Texas and the United States District Court for the District of Texas with respect to such matters.

LANGUAGE

It is the express wish of the parties that the Terms of Use and all related documents have been drawn up in English.

GENERAL

The Terms of Use and other rules, guidelines, licenses and disclaimers posted via the Site or in connection with the Materials and Services constitute the entire agreement between Baker's Best, Inc., and you with respect to your access to or use of the Site, Materials and Services superseding any prior agreements between you and Baker's Best, Inc., on such subject matter (including any prior versions of the Terms of Use). Notwithstanding the foregoing, to the extent that any terms set forth in the Terms of Use expressly contradict any terms of a written agreement between you and Baker's Best, Inc., regarding the use of specific Services or Materials, such contradictory terms set forth in the Executed Agreement shall govern. You may also be subject to additional terms and conditions that may apply when you use other Baker's Best, Inc., services or third party content. You may not assign or otherwise transfer the Terms of Use nor any right granted hereunder without Baker's Best, Inc. ’s prior written consent. If for any reason a court of competent jurisdiction finds any provision of the Terms of Use, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties as reflected by that provision, and the remainder of the Terms of Use shall continue in full force and effect. Any failure by Baker's Best, Inc., to enforce or exercise any provision of the Terms of Use or related right shall not constitute a waiver of that right or provision. The section titles used in the Terms of Use are purely for convenience and carry with them no legal or contractual effect.

 

Copyright © 2004, Baker's Best, Inc.