Terms of USe
Effective Date: September 20,2023
This website is operated by Your Baking Connection, LLC (“YBC” or “Your Baking Connection”). Throughout the site, the terms “we”, “us”, and “our” refer to YBC. We offer this website to you, the User, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here.
Please read the following Terms of Service (“Terms” or “Terms of Service”) before you use our website since, by using our website and/or making a purchase from this site, you are agreeing to be bound by these Terms. You also agree to be bound by any additional terms and conditions referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.
If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.
This Agreement incorporates the Your Baking Connection Privacy Policy which can be found HERE.
This Agreement also incorporates the Your Baking Connection Terms for Sellers which can be found HERE.
Important Notice: Using the Site, Your Baking Connection, LLC gives you the option to view and buy products from individual sellers. You acknowledge and accept that Your Baking Connection, LLC does not produce or sell any products, and that we merely handle payments on the sellers’ behalf. In light of this, you also accept and concur that any contracts for the purchase of goods shall only exist between you and the seller. Therefore, in addition to reading these Terms, you should also take a look at the terms and conditions of each individual Seller (the “Seller Terms of Sale”) on their individual page on the site’s home or product pages before placing any orders.
We reserve the right to alter, amend, add, or remove any part of these Terms at any time, and we will provide you notice of any such changes by posting them on the Site. You should review these Terms frequently for updates since they are binding on you if you use the Site after we post any changes to them, whether or not you have read them.
About Us
The Site is owned and managed by Your Baking Connection, LLC, a company registered in Minnesota and having its registered office at 300 Civic Heights Dr. #316, Circle Pines, MN 55014 (“Your Baking Connection, LLC”, “we” and/or “us”).
Use of Our Website
You represent that by using this Site, you are at least 18 years of age, or visiting under the supervision of a parent or guardian and are legally able to enter into a contract. If you are a parent or legal guardian agreeing to these Terms for the benefit of a child between the ages of 13 and 18, be advised that you are fully responsible for his or her use of this Site, including all financial charges and legal liability that he or she may incur.
It is your duty to review these Terms of Use periodically. We reserve the right to change the Terms of Service or to change, modify or otherwise alter any part of this website at any time and for any purpose without notice. Your continued access or use of the website will be deemed as an irrevocable acceptance of any such changes.
All billing information provided to Your Baking Connection must be truthful and accurate. Providing any untruthful or inaccurate information constitutes a breach of these Terms. If any purchases are made through this website, you agree to accept and pay for the item(s) requested.
All materials, including images, text, illustrations, designs, icons, photographs, programs, music clips or downloads, video clips and written and other materials that are part of this Site (collectively, the “Contents”) are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Site for your personal use only. No right, title or interest in any downloaded materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of or exploit in any way, in whole or in part, any of the Contents, the Site or any related software. All software used on this Site is the property of Your Baking Connection or its suppliers and protected by U.S. and international copyright laws. The reproduction, modification, distribution, transmission, republication, display, or performance, of any of the Contents on this Site is strictly prohibited.
On the condition that you comply with all your obligations under these Terms of Use, we grant you a limited, revocable, nonexclusive, nonassignable, non-sublicenseable license and right to access the Site through a generally available web browser or mobile device to view content and information and otherwise use the Site consistent with its functionality and in accordance with these Terms of Use. Any other use of the Site is strictly prohibited and a violation of these Terms.
You agree that you will not violate any laws in connection with your use of the Services. This includes any local, state, federal, and international laws that may apply to you. For example, it’s your responsibility to obtain any permits or licenses that you are required to have, and to meet applicable legal requirements in applicable jurisdiction(s). This includes the sale and delivery of your items.
We may refuse service, cancel orders, terminate accounts and/or deny access to any or all parts of this Site if you engage in any conduct that we determine, at our sole discretion, violates these Terms of Use. We reserve the right to cancel orders if we suspect fraudulent activity.
Accessing Our Site
In order to use the Website, you warrant that:
- you are legally capable of entering into any binding contracts;
- You are at least 18 years old and above; and
- You are not in any way prohibited by the applicable law in the jurisdiction which ou are currently located to enter into these Terms and use the Site.
When you sign up for an account on the Site, you will be prompted to enter your username and password (“Log-In Details”). Your log-in information must remain private; you must not give it out, permit someone else to use it, or use it to pose as someone else.
You are in charge of making all preparations required for your access to the Site. Without prior warning, we retain the right to discontinue or change the service we offer on the Site. If the Site is inaccessible at any time or for any length of time for any reason, we shall not be held responsible. Additionally, it is your responsibility to make sure that these Terms are understood and followed by anyone who uses your Internet connection to visit the Site.
On occasion, we might only allow users who have registered with us access to select areas of the website or the entire website. To buy Products from our Sellers, you must first create an account with us. We process any personal information and other data you supply in accordance with our Privacy Policy.
By using this Site, you acknowledge that information sent through the Internet can be hampered by malicious parties. Therefore, Your Baking Connection, LLC is unable to ensure the privacy or confidentiality of any information relating to any User that is transmitted over the Internet. You are accountable for all communications you send through this website, including their correctness, veracity, and legality.
If we believe you have violated any of the terms , we have the right to terminate your account and/or prohibit access to the Site.
DISCLAIMERS OF WARRANTIES AND LIMITATION OF LIABILITY
You acknowledge that if you choose to use the Site, services or content, you do so at your sole risk. To the extent permitted under applicable law, under no circumstances shall we, our officers, directors, employees, parents, affiliates, successors, assigns, or licensors be liable to you or any other third party for any indirect, special, incidental, or consequential, exemplary or punitive damages of any type including, without limitation, damages for loss of goodwill, service interruption, computer failure or malfunction, loss of business profits, loss of data or business information, loss of additional software or computer configurations or costs of procurement of substitute goods or services, damages arising in connection with any use of the website or any and all other commercial damages or losses, arising out of or in connection with these terms. Notwithstanding anything to the contrary contained herein, in no event shall our total liability (including our officers, directors, employees, parents, and affiliates) for any claim arising out of or related to these terms, to the fullest extent possible under applicable law, exceed the amount paid if any, by you for the use of the services.
You additionally understand and agree that a contract between you and the Seller will govern your purchase of the Product. To the fullest extent permitted by applicable law, Your Baking Connection, LLC will have no liability for the terms of this contract or for any other reason whatsoever. You hereby release Your Baking Connection, LLC from any and all claims, demands, damages, losses, and expenses of any kind arising out of or in connection with any issue you may have with one or more of the Sellers.
You relieve Your Baking Connection, LLC from all obligation for any losses, damages, costs, or expenses resulting from faulty or defective Products. Complaints regarding Products should be directed to the Seller.
Use of this Site is free, and we take steps to ensure it is available to all permitted users. We do not warrant that the Site will be continuously available, or that your use of the Site will be uninterrupted or error-free, or that the Site and server will be free from attack.
THIS SITE IS PROVIDED BY YOUR BAKING CONNECTION, LLC ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR BAKING CONNECTION, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED. NEITHER YOUR BAKING CONNECTION, LLC, NOR ANY OF OUR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS, SELLERS OR SUPPLIERS WARRANT THAT THE SITE, OR ANY FUNCTION CONTAINED IN THE SITE, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. YOUR BAKING CONNECTION, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS INCORPORATED IN THE SITE OR ANY THIRD-PARTY SITE OR DETAILS ACCESSED THROUGH THE SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH CONTENT OR MATERIAL.
You expressly understand and agree that (to the fullest extent permitted by law) Your Baking Connection, LLC shall not be liable for loss of profits, contracts, income or revenue, goodwill, anticipated savings, loss or corruption of data or other intangible losses (even if we have been advised of the possibility of such damages), arising out of, or resulting from: (a) the use of, or the inability to use, the Site; (b) the use of any content or other material on the Site or any website or websites linked to the Site; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party or Seller(s) on the Site; or (e) any other matter relating to the Site.
Subject to the exclusions and limitations set out in this clause, Your Baking Connection, LLC liability to you in connection with your use of the Site shall be capped at $100.
Nothing in these Terms shall affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation, nor any other liability which cannot be excluded or limited under applicable law.
These disclaimers and limitations of liability apply to the fullest extent permitted by law.
Advertising
Intellectual Property Rights
All materials incorporated in or accessible through the Site, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site), are protected by and international copyright laws, and are owned, controlled or licensed by Your Baking Connection, LLC, or by the original creators of such materials or their permitted licensors. All such rights are reserved. Such materials may be used only for viewing the Site in the ordinary course or as a resource for purchasing the Products offered through the Site but we do not warrant, and we disclaim all liability in respect of, the accuracy of any of the information, images, photographs or any other material provided by third parties to the Site. You must not use any part of the materials on the Site for commercial purposes without obtaining a license to do so from us or our licensors. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilization, transmission, republication, downloading, display, posting, performance, or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited. All trademarks on this site, such as “Your Baking Connection, LLC” may not be used without our prior written permission.
All material contained in and published on the Site by Your Baking Connection, LLC is intended for the non-commercial use of the User. Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Site and the material displayed thereon. However, no right, title, or interest in any such materials will be granted or transferred to you as a result of any permitted use of such materials. You may print off one copy, and may download extracts, of any page(s) from the Site for your personal reference. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. Our status (and that of any identified contributors) as the authors of material on the Site must always be acknowledged. If you print off, copy or download any part of the Site in breach of these terms of use, your right to use the Site will cease immediately. You must, at our option, return or destroy any copies of the materials you have made. By using our site, you give us a license to use any intellectual property that you post, including in advertising.
Description of the Services Offered Through The Site
Please note that we accept orders on behalf of our Sellers. The resulting legal contract is between you and that Seller, and is subject, in addition to these Terms, to the Seller’s Terms of Sale, which they will advise you of directly. You should carefully review any Seller Terms of Sale applying to the transaction, as, to the fullest extent permitted by law, YBC accepts no responsibility or liability for the Seller Terms of Sale or any resulting transactions, other than the display of advertisements and processing of payment on behalf of the Sellers.
How Contracts Of The Formed Between You and Sellers
Each order you place through the Site shall be deemed to be an offer by you to purchase the Product(s) specified within it from the relevant Seller, subject to these Terms and the relevant Seller Terms of Sale.
No order shall be deemed to be accepted by the Seller until the Seller issues an email acknowledgement of order to the User.
The contract will relate only to those Product(s) notified in the email acknowledgement of order.
Payment Method
Prices shall be displayed in U.S. Dollars. All prices are payable in U.S. Dollars plus any applicable taxes, packaging and delivery charges.
Stripe is our payment processor and you may study their privacy policies and contact them directly if you have any questions about how your financial information is handled by them.
Delivery Arrangements
Your cart on the Site displays the Product(s) you have chosen, details of the Seller who will supply them and details of fulfillment. The delivery costs for each Seller vary according to the delivery methods they offer. Any delivery times quoted are estimates only, based on availability and normal delivery time in working days. You should check these details carefully before confirming the transaction.
You understand that we do not make, store, or inspect any of the items sold through our Site. We provide the venue. The products sold via our Site are produced, listed, and sold directly by independent sellers, so we do not make any warranties about their quality, safety, authenticity, or their legality. Any legal claim related to an item you purchase must be brought directly against the seller of the product. You release Your Baking Connection from any claims related to items sold through our Site, including for defective items, misrepresentations by sellers, or items that caused physical injury (like product liability claims).
links
The Site contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by YBC of the content on such third-party websites. Your Baking Connection, LLC is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third-party sites.
Acceptable Use
It is impossible to provide an exhaustive list of exactly what constitutes acceptable and unacceptable use of this Site. In general, Your Baking Connection, LLC will not tolerate any use of the Site which damages or is likely to damage our reputation, the availability or integrity of the Site or which causes us or threatens to cause us to incur any legal, tax, regulatory or other liability. We therefore request you to treat our Site with respect, and not to use the Site for any illegal purpose, or in such a way as to infringe or breach other’s rights or to cause or threaten to cause us damage. We ask you to comply with any relevant notices, policies and terms imposed by third parties whose website, products or services you access through the Site. We also ask you to cooperate with any reasonable security or other checks or requests for information made by Your Baking Connection, LLC from time to time and to comply with all instructions and policies from Your Baking Connection, LLC from time to time in respect of the Website.
We reserve the right to suspend the use of the Site generally or block your access to any part of the Site and/or to suspend or terminate your rights to use the Site or any part of it if we suspect misuse. We shall then report any misuse of the Site to the relevant enforcement or other authorities and to our legal advisers. We further reserve the right to disclose your identity and any evidence we have which relates directly or indirectly to misuse of this Site. In the event of such a breach, your right to use our Site will cease immediately.
You must not misuse our site by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our Site, the server on which our Site is stored or any server, computer or database connected to our Site.
Violations of system or network security may result in civil or criminal liability. We will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site or to your downloading of any material posted on it, or on any website linked to it.
You agree not to use the Site or cause or permit the Site to be used:
- To jeopardize or prejudice the operation, quality or integrity of the Site, or the operation, quality or integrity of any telecommunications network;
- To cause harm or distress to any persons using the Site;
- To harvest or otherwise collect information about others, including e-mail addresses, without their consent;
- For any commercial purpose, including any direct marketing, surveys or contests;
- To participate in or cause others to participate in sending chain letters, junk email, spam, duplicative or unsolicited messages, advertising or promotional material;
- To distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, or any other harmful or detrimental programs;
- To attack the Site via a denial-of-service attack;
- Contrary to the terms and conditions of any Internet Service Provider you may use.
DMCA Notice
The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Your Baking Connection infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A):
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works);
(c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Indeed to locate the material on the site;
(d) the name, address, telephone number, and email address (if available) of the complaining party;
(e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Your Baking Connection a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to support@yourbakingconnection.com. Subject: Copyright Notice. Please be aware that there are penalties for false claims under the DMCA.
Waiver
If we fail at any time to insist upon strict performance of any of your obligations under these Terms, or if we fail to exercise any of the rights or remedies to which we are entitled under them, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
Indemnification
- your access to or use of the Site or your violation of these Terms;
- your User Content;
- your
- interaction with any other User, Supplier or Third Party via this website,
- purchase of a product via this website, or
- creation of user-account;
- the use, condition or purchase of a product by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result the use, condition or purchase of a product by you.
Relationship of Parties
Nothing in these terms and conditions shall constitute or be deemed to constitute a partnership, association, joint venture or co-operative between Your Baking Connection, LLC.com and the User for any purpose whatsoever.
Nothing in this Agreement and no action taken by the parties pursuant to this Agreement shall constitute or be deemed to constitute the appointment by any party as the agent of any other party for any purpose. Neither party has, pursuant to this Agreement, any authority or power to bind or to contract in the name of the other party to this Agreement.
SEVERABILITY
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent be severed from the remaining terms, conditions and provisions which will continue to be valid to the fullest extent permitted by law.
Entire Agreement
These Terms and any documents expressly referred to in them represent the entire agreement between us and supersede and replace any prior agreement, understanding or arrangement between us, whether oral or in writing. You acknowledge that in agreeing to these Terms, you have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Site or in negotiation between us except as expressly set out in these Terms.
Force Majeure
Where a Seller is prevented from or delayed in the carrying on of its business due to circumstances beyond its reasonable control including, without limitation, acts of God, governmental actions, war or national emergency, riot, civil commotion, fire, explosion, flood, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to the Seller’s workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials the date of delivery shall be postponed for the period that the circumstances continue.
Governing Law
These Terms shall be governed by and construed under Minnesota law without regard to conflicts of law provisions. Any action or proceeding arising out of or related to these Terms or your use of this Site must be brought in the state or federal courts of Minnesota in the county of Anoka and you consent to the exclusive personal jurisdiction of such courts.
