Terms of service

PLEASE READ THIS TERMS OF SERVICE AND USAGE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

 

1. OVERVIEW

This Terms of Service and Usage Agreement (this “Agreement”) is entered into by and between Gold Medal Bakery, Inc., Bakery Products Corporation any other affiliated and/or subsidiary entities d/b/a Favewich.com (collectively “Favewich.com”) for any payment services and you and is made effective as of the date of your use of this website ("Site") or the date of electronic acceptance. This Agreement sets forth the general terms and conditions of your use of the Site and the products and services purchased or accessed through this Site (individually and collectively, the “Services”). Any agreements, arrangements and/or additional policies that apply to certain Services ("Services Agreements") and are in addition to (not in lieu of) this Agreement. In the event of a conflict between the provisions of the Services Agreement and the provisions of this Agreement, the provisions of the applicable Services Agreement shall control.

The terms “we,” “us” or “our” shall refer to Favewich.com The terms “you,” “your,” “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Site or the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

 

2. MODIFICATION OF AGREEMENT, SITE OR SERVICES

Favewich.com may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services. In addition, Favewich.com may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your shopper account (“Account”) information current. Favewich.com assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. In addition, Favewich.com may terminate Your use of Services for any violation or breach of any of the terms of this Agreement by You. FAVEWICH.COM RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION PRICES AND FEES FOR THE SAME, AT ANY TIME.

 

3. ELIGIBILITY; AUTHORITY

This Site and the Services are available only to individuals or entities (“Users”) who can form legally binding contracts under applicable law. By using this Site or the Services, you represent and warrant that you are (i) at least eighteen (18) years of age, (ii) otherwise recognized as being able to form legally binding contracts under applicable law, and/or (iii) are not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your", "User" or "customer" shall refer to such corporate entity. If, after your electronic acceptance of this Agreement, Favewich.com finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Favewich.com shall not be liable for any loss or damage resulting from Favewich.com’s reliance on any instruction, notice, document, or communication reasonably believed by Favewich.com to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, Favewich.com reserves the right (but undertakes no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.

 

4. YOUR ACCOUNT

In order to access some of the features of this Site or use some of the Services, you will have to create an Account. You represent and warrant to Favewich.com that all information you submit when you create your Account is accurate, current, and complete, and that you will keep your Account information accurate, current, and complete. If Favewich.com has reason to believe that your Account information is untrue, inaccurate, out-of-date, or incomplete, Favewich.com reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, Payment Method(s) (as defined below), and shopper PIN. For security purposes, Favewich.com recommends that you change your password and shopper PIN regularly for each Account. You must notify Favewich.com immediately of any breach of security or unauthorized use of your Account. Favewich.com will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Favewich.com or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

 

5. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

a.) Your use of this Site and the Services, including any content you submit, will comply with this Agreement, any applicable Services Agreement or policy that may apply to your Services and all applicable local, state, national and international laws, rules, and regulations.

b.) You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent.

c.) You will not use this Site or the Services in a manner (as determined by Favewich.com in its sole and absolute discretion) that:

  • Is illegal, or promotes or encourages illegal activity;
  • Promotes, encourages, or engages in the exploitation of children, or any activity related to the proliferation of child sexual abuse material (CSAM);
  • Promotes, encourages, or engages in terrorism, violence against people, animals, or property;
  • Promotes, encourages, or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
  • Violates the Fight Online Sex Trafficking Act of 2017 or similar legislation, or promotes or facilitates prostitution and/or sex trafficking;
  • Infringes on the intellectual property rights of another User or any other person or entity;
  • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
  • Interferes with the operation of this Site or the Services found at this Site;
  • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware; or
  • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Favewich.com or Favewich.com’s Services.
  • You will not perform any false, abusive, or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You will not perform any false, abusive, or fraudulent activity. You will not perform any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
  • You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Favewich.com.
  • You will not modify or alter any part of this Site, or the Services found at this Site or any of its related technologies.
  • You will not access Favewich.com’s Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Favewich.com may designate.
  • You agree to back-up all of your User Content so that you can access and use it when needed. Favewich.com does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  • You will not re-sell or provide the Services for a commercial purpose, including any of Favewich.com's related technologies, without Favewich.com's express prior written consent.
  • You will not circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Favewich.com Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Favewich.com Content or the User Content therein.
  • You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
  • You are aware that Favewich.com may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you may be subject to call recording and hereby consent to the same, subject to any applicable laws and our restrictions and obligations thereunder, including, where permissible, to record the entirety of such calls regardless of whether Favewich.com asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted as evidence in any legal proceeding in which Favewich.com is a party. Further, by providing your telephone or mobile number, you consent to receive marketing telephone calls from or on behalf of Favewich.com that may be initiated by an automatic telephone dialing system and/or use an artificial or prerecorded voice. You understand that providing consent is not a condition of purchasing any good or service from Favewich.com. Similarly, by providing your mobile number, you consent to receive marketing text messages from or on behalf of Favewich.com that may be sent by an automatic telephone dialing system. You understand that providing consent is not a condition of purchasing any goods or service from Favewich.com. Message and data rates may apply.
  • Without limiting any of the rights set forth elsewhere in this Agreement, Favewich.com expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site or any Services (including but not limited to the right to cancel or transfer any domain name registration) to any User (i) whose Account or Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Favewich.com policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site or Services (as determined by Favewich.com in its sole and absolute discretion).
  • If your purchase or account activity shows signs of fraud, abuse, or suspicious activity, Favewich.com may cancel any service associated with your name, email address or account and close any associated Favewich.com accounts. If Favewich.com, in its sole discretion, determines that any conducted activity is fraudulent, Favewich.com reserves the right to take any necessary legal action and you may be liable for monetary losses to Favewich.com including litigation costs and damages. To contest cancellation of Services or freezing or closure of an account, please contact support@Favewich.com

 

6. PERSONAL INFORMATION

Your submission of personal information through the store is governed by our Privacy Policy. 

 

7. AVAILABILITY OF WEBSITE/SERVICES

Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site and the Services on twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site or the Service on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.

 

8. DISCONTINUED SERVICES; END OF LIFE POLICY

Favewich.com reserves the right to cease offering or providing any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services at any time, for any or no reason, and without prior notice. Although Favewich.com makes great effort to maximize the lifespan of all its Services and features, functionalities, or aspects of the Services, there are times when a Service or specific feature, functionality, or aspect of a Service that we offer will be discontinued or reach its End-of-Life ("EOL"). If that is the case, those Services, or the specific feature, functionality, or aspect of that Service, will no longer be supported by Favewich.com, in any way, effective on the EOL date.

Notice and Migration. In the event that any Service we offer has reached or will reach EOL, we will attempt to notify you thirty or more days in advance of the EOL date. It is your responsibility to take all necessary steps to replace the Service by migrating to a new Service before the EOL date, or by entirely ceasing reliance on said Service before the EOL date. In either case, Favewich.com will either offer a comparable Service for you to migrate to for the remainder of the term of your purchase, a prorated in-store credit, or a prorated refund, to be determined by Favewich.com in its sole and absolute discretion. Favewich.com may, with or without notice to you, migrate you to the most up-to-date version of the Service, if available. You agree to take full responsibility for any and all loss or damage arising from any such migration. In the event that a feature, functionality, or aspect of any Service we offer has reached or will reach EOL, then we will attempt to notify you thirty or more days in advance of the EOL date. However, if the Service maintains a least reasonably equivalent functionality without such feature, functionality, or aspect, as determined by Favewich.com in its sole and absolute discretion, Favewich.com will not be required to offer a comparable feature or functionality for the Service or a refund. Favewich.com will not be liable to you or any third party for any modification, suspension, or discontinuance of any of the (i) Services or (ii) individual features, functionalities, or aspects of the Services we may offer, provide, or facilitate access to.

 

9. ACCURACY OF BILLING AND ACCOUNT INFORMATION

Favewich.com reserves the right to refuse any order you place with us. Favewich.com may, in our sole discretion, 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

 

10. ADDITIONAL RESERVATION OF RIGHTS

Favewich.com expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Favewich.com in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Favewich.com in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) to assist with our fraud and abuse detection and prevention efforts, (iv) to comply with court orders against you and/or your domain name or website and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (viii) to avoid any civil or criminal liability on the part of Favewich.com, its officers, directors, employees and agents, as well as Favewich.com’s affiliates, including, but not limited to, instances where you have sued or threatened to sue favewich.cm, or (ix) to respond to an excessive amount of complaints related in any way to your Account, domain name(s), or content on your website that could result in damage to Favewich.com’s business, operations, reputation or shareholders.

Favewich.com expressly reserves the right to terminate, without notice to you, any and all Services where, in Favewich.com's sole discretion, you are harassing or threatening Favewich.com and/or any of Favewich.com's employees.

Favewich.com Content. Except for User Content, the content on this Site and the Services, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Favewich.com Content”), are owned by or licensed to Gold Medal Bakery, Inc., Bakery Products Corporation and/or Favewich.com and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Favewich.com Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Favewich.com. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Favewich.com reserves all rights not expressly granted in and to the Favewich.com Content, this Site and the Services, and this Agreement does not transfer ownership of any of these rights.

 

11. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Favewich.com. Favewich.com assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Favewich.com does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Favewich.com from any and all liability arising from your use of any third-party website. Accordingly, Favewich.com encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

 

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS,” “AS AVAILABLE” AND “WITH ALL FAULTS.” FAVEWICH.COM, Gold MEdal Bakery, Inc., Bakery Products CorpORATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD-PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. FAVEWICH.COM, GOLD MEDAL BAKERY, INC., BAKERY PRODUCTS CORPORATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND FAVEWICH.COM ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

 

13. LIMITATION OF LIABILITY

Favewich.com does not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free. Favewich.com does not warrant that the results that may be obtained from the use of the service will be accurate or reliable. You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and Services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Favewich.com, Gold Medal Bakery, Inc. and/or its directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

14. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Favewich.com, Gold Medal Bakery, Inc., Bakery Products Corporation, and/or their respective officers, directors, employees, agents, and third party service providers from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Favewich.com directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

 

15. SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

16. TERMINATION

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site. If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

17. ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

 

18. GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the Commonwealth of Massachusetts and the laws of United States.

 

19. CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time on this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

20. CONTACT INFORMATION

Questions about the Terms of Service should be sent to us at support@favewich.com.