Start Your Day off Right...Bakery style

Terms and Conditions of Use

Please read the following terms and conditions (terms) carefully.
Thank you for visiting European American Bakery Cafe’s (EABAKE) website at www.eabake.com (Site). These Terms of Use apply to your access to, and use of, all or part of any of EABAKE’s websites.

By accessing this site you agree to be bound and by these Terms and Conditions and all applicable laws and regulations and you are responsible for compliance. If you do not agree with any of these terms please exit this site immediately.

Proper Use of our Site

agreement, or cause damage on or through our Site. You promise that none of your communications with or through the Site will violate any local, state, national or international law. You further promise that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material.

Authorized Users and Accounts

EABAKE website is intended for use by individuals at least 13 years of age. Children under the age of 13 may not use this website. EABAKE does not knowing collect information of anyone under the age of 18. Minors should not disclose personal information without the consent and supervision of a parent or legal guardian

If you create an account or profile online you agree to (1) create only one account; provide accurate, truthful, current and complete informations; keep your information updated and accurate, protect your user ID and passwords to your account; notify EABAKE if you suspect that the security of your account has been compromised; take responsibility for all activities that occur under any account registered to you and accept all risks of unauthorized use of the account.

By disclosing your email address and/or mobile telephone number to create an account, you agree that EABAKE may contact you for the purpose of advising you of changes or additions to the website, about any of EABAKE's products or services, or for such other purpose(s) as EABAKE deems appropriate. You may opt out of these communications at any time by following the unsubscribe instructions provided in the communication.

Termination

Notwithstanding any of these Terms of Use, EABAKE reserves the right, without notice and in its sole discretion, to terminate your license to use the site and to block or prevent your future access to, and use of, the site.

Use License

Permission is granted to browse through the Site and occasionally download a copy of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. This is the grant of a license, not a transfer of title, and under this license you may not use the materials for any commercial purpose, or for any public display (commercial or non-commercial). You must keep intact all copyright, trademark and other notices contained in your personal copies, and you may not remove any copyright or other proprietary notations from the materials. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the site. You may not attempt to alter or modify the content posted on the site. Except as expressly set forth in this paragraph, you may not copy, download, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the site itself. This license shall automatically terminate if you violate any of these restrictions and may be terminated by EABAKE at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

Disclaimer of Warranties; Limitations and Liability; Indemnification

The materials on our Site are provided "as is". EABAKE makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, EABAKE does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on this Site or otherwise relating to such materials or on any sites linked to this Site.

To the fullest extent allowed by applicable law, in no event shall EABAKE, its officers, directors, employees, shareholders or agents, and any others involved in creating the Site and its contents be liable for any damages or injury, including any direct, indirect, special, incidental, consequential, punitive or other damages arising from the use or inability to use the materials on the Site, even if EABAKE or an EABAKE authorized representative has been notified orally or in writing of the possibility of such damage. This includes but is not limited to damages or injury caused by error, omission, interruption, defect, failure or performance, unauthorized use of this Site, line failure, computer virus, or other harmful component. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you. However, in no event shall EABAKE’S total liability to you for all losses, damages, and causes of action (in contract, tort (including without limitation, negligence), or otherwise) will not be greater than the amount you paid to access this site.

You agree to defend, indemnify and hold harmless EABAKE, its affiliates, franchisees, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to: (a) your use of the Site; (b) any user content or ideas you provide; (c) your violation of these Terms and Conditions of Use; (d) your violation of any rights of another; or (e) your conduct in connection with the Site.

Revisions, Errors, Linked Websites and Modifications

The materials on our site cold include technical, typographical, or photographic errors. EABAKE does not warrant that any of the materials on its site are accurate, complete, or current. We may make changes to the materials contained on this site at any time without notice.

You may be able to navigate away from our site to other websites. We are not responsible for the accuracy or reliability of the information on such linked web sites. Use of any such linked website is at the user’s own risk.

We may revise these Terms and Conditions of use for its Site at any time without notice. By using this Site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

User Submissions

All remarks, suggestions, ideas, graphics, or other information communicated to us through this Site or other sites that are controlled or managed by EABAKE including our EABAKE Facebook page (together, the "Submission") will forever be the property of EABAKE. EABAKE will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including without limitation, product, or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future EABAKE operations. Any material you submit to this site will be deemed a grant of a royalty free non-exclusive right, license, and consent to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute these materials worldwide in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all so-called "moral rights" have been waived.

Governing Law, Severability and Additional Terms

Any claim relating to our Site shall be governed by the laws of the State of Florida without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction and venue of the courts of the State of Florida for any legal proceeding involving the Site, regardless of who initiated the proceeding.

If any part of these Terms and Conditions is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

Certain products or services offered by this Site, and certain areas within this Site may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those products or services. You must agree to these Additional Terms before using those areas. The Additional Terms and these Terms and Conditions of Use shall apply equally. In the event of an irreconcilable inconsistency between the Additional Terms and these Terms and Conditions of Use, the Additional Terms shall control.

Gift Cards, E-Club and Text Club

EABAKE Gift Cards, also known as BAKERYCARDS may be purchased at our bakery cafe. Protect your gift card like cash. Lost or stolen gift cards will not be replaced. No service fees are charged and there is no expiration of gift cards as required by Florida law.

For balance inquiry, visit our EABAKE. You may redeem gift cards for food and beverages at EABAKE, however no cash back, payment on account, purchase of additional gift cards with a gift card or refund is permitted.

You can enroll in the EABAKE ("E-Club") via our Site to receive emails with the latest news and offers. The term "Member" as used below refers to a guest who creates an E-Club profile by providing their name, username, password, valid email address, zip code of their primary residence and date of birth. Eligibility for Program participation includes only those United States residents who are over 18 years of age. Eligible guests are responsible for keeping their E-Club profile information, e.g., email address, up-to-date to ensure they receive E-Club news, offers, and coupons as outlined in these terms and conditions. We are not responsible for any E-Club news, reward-earning opportunity, or coupon delivery sent to an incorrect or incomplete address if that address is the address for the enrolled Member at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, or illegible mailings. We reserve the right to correct and not honor errors made in our communications with you. From time to time EABAKE may make special offers available to Members. These special offers may have specific terms and conditions outlined in the offer. Enrollment in the E-Club does not guarantee receipt of E-Club news and offers, or guarantee participation in any promotional offer. E-Club terms and conditions are subject to change or termination without notice. Continued participation in the E-Club constitutes acceptance of the then-current terms and conditions.

Privacy

For more information about the steps we take to protect your privacy, please see our Privacy Policy, which is incorporated into these Terms & Conditions by this reference.

Copyright and Trademark

Unless otherwise noted, all materials on this Site (including articles, text, photographs, images, illustrations, graphics, video material, audio material, and software) are protected as the copyrights, trademarks and/or other intellectual properties owned by EABAKE or by other parties that have licensed their material to EABAKE. Additionally, the Site itself is protected by copyright as a collective work and/or compilation. This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by EABAKE.


EFFECTIVE DATE: February 20, 2014


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