TERMS AND CONDITIONS
EFFECTIVE DATE: May 15, 2015
Welcome to the manresabread.com website (the “Website”). Use of and access to the services provided by Manresa Bread Project LP (the “Company”, “we” or “us”), as well as the Website, is subject to your compliance with these Terms of Use. Please read these Terms of Use carefully before using our website and services (collectively referred to as the “Services”).
ManresaBreadreserves the right to limit or terminate your access to our Services if we determine in our sole discretion that you have failed to comply with these Terms of Use. Please also read our Privacy Policy before accessing our Services, which can be located at here
1. ACCEPTANCE OF TERMS
You accept these terms and our Privacy Policy by accessing or using the Website or our Services in any manner, even if you do not create an account with Manresa Bread. These Terms may be updated from time to time. We will notify you of any significant updates to these Terms at our sole discretion. Your continued use of our services signifies your acceptance of any changes. These Terms will always be available on this page for you to read. If you do not agree with these Terms, you are not permitted to register an account, sign in as a guest, make purchases, or otherwise access or use the Website or our Services in any manner. By accessing and using the Website in any way, you are representing that you are at least 18 years of age or visiting the Website under the supervision of a parent or guardian.
2. AGE RESTRICTION
You must be at least 18 years old in order to access or use the Website in any manner. Manresa Bread prohibits registration by any individual under the age of 18 years old. Manresa Bread is not directed to children under the age of 13 and will not knowingly collect personally identifiable information from anyone under 13. If you are a parent or guardian and believe that a child under the age of 13 has used, accessed, or provided personally identifiable information to the Website, please contact info@manresabread.com.
3. USE OF WEBSITE
Subject to the terms and conditions of this Agreement, you are permitted to access and use this Website by displaying it on your Internet browser for your own information and for the purpose of shopping for items for personal use on our online store. You may not use this Website for any commercial use or on behalf of any third party, and you agree not to copy, display, publish, distribute, broadcast, or distribute any portion of the Website.
While we do our best to make your experience with the Website and our Services a pleasurable one, we cannot always foresee or anticipate difficulties, technical or otherwise. These difficulties may result in loss of data, personalization settings, or other service interruptions. For this reason, you agree that Manresa Bread’s Services are provided “AS IS.” Manresa Bread and any third party service providers cannot assume responsibility for the timeliness, deletion, miss-delivery, or failure to store any user data, communications, or personalization settings. In addition, you hereby acknowledge and agree that we obtain our data from third-party sources, which may or may not be completely thorough and accurate and as such you cannot rely on its accuracy or completeness.
We reserve the right to change or discontinue, temporarily or permanently, the Website or the Service at any time without notice. You agree that Manresa Bread will not be liable to you or any third party for any modification, interruption or discontinuation of the Service.
4. MANRESA BREAD ACCOUNT
By using the Website and/ or Services or creating an account with Manresa Bread (an “Account”), you agree to provide true and correct information to the best of your ability whenever prompted by the Service to provide information or when otherwise requested by us. You further agree that you will not knowingly omit or misrepresent any material facts or information and that you will revise any incorrect or outdated information by updating your Account information or otherwise providing notice to Manresa Bread.
You agree that your Account will be for your exclusive personal use and that you will not allow any other person to use your Account under any circumstances. You understand that it is your sole responsibility to maintain the confidentiality of your Account ID and password and that Manresa Bread will not be responsible for any damage, loss, or liability incurred as a result of your failure to do so. You also understand that you are solely responsible for any activity occurring through your Account, including any charges made to your Account. You agree to immediately notify Manresa Bread if there has been any unauthorized activity on your Account or if you suspect that there has been a breach in security of your Account.
You represent and warrant that you will not use the Website for illegal purposes or for the transmission of material that is unlawful, harassing, libelous (untrue and damaging to others), invasive or another’s privacy, abusive, threatening, or obscene, or illegal, or infringes the copyrights (right of an owner of written material) or other intellectual property of others.
We reserve the right to terminate your Account at any time if you violate these Terms of Use or the Company’s Privacy Policy, or for any other reason as determined by the Company in its sole discretion.
5. PURCHASE OF PRODUCTS
Manresa Bread offers certain products for sale on the Website (“Products”). All prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States. We reserve the right without prior notice to discontinue or change specifications on Products and services offered on the Website without incurring any obligations.
In order to purchase our Products, you will be required to enter in a valid credit card. By providing a credit card associated with an Account or when checking out as a guest, you are hereby authorizing the Company to charge your credit card for all costs, shipping fees, and other expenses associated with your purchase.
We reserve the right to refuse any order you place with us. We 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 Account, the same credit card, and orders that use the same billing or shipping address. If we make a change to or cancel an order, we will attempt to notify you by contacting you through the email, phone number, or address provided at the time of purchase.
You understand and agree that you are prohibited from reselling or redistributing any Manresa Bread Products in any manner. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, re-sellers or distributors.
6. SHIPPING & RETURN POLICY
Manresa Bread does not provide refunds or returns on any of our food products or merchandise. If you pickup a damaged or spoiled product, you should contact Manresa Bread immediately. Manresa Bread will replace damaged or spoiled products in its sole discretion. Manresa Bread cannot replace any products that is lost, damaged, or mishandled after a confirmed pickup.
MANRESA BREAD DOES NOT PROVIDE REFUNDS OR RETURNS FOR ANY FOOD PRODUCTS OR MERCHANDISE. This includes, but is not limited to, all food products, books, T-shirts, hats, posters, and cooking utensils. Manresa Bread reserves the right to modify or change its refund policy at any time.
Manresa Bread may use a third party carrier to ship certain items available for purchase on the Website. The Company is not responsible for any losses relating to the actions or inactions of any third party carriers.
7. TERMINATION
Manresa Bread may at any time, and without prior notice to you, revoke your access and use of the Website, or any other right granted to you under these Terms. Upon notification from Manresa Bread, you agree to immediately cease all access or use of the Website. We reserve the right to revoke all passwords and account identification in order to deny your access or use of the Website, in whole or in part.
8. INTELLECTUAL PROPERTY
All information, products, services, graphics, icons, images, articles, software and other materials, and the display, design, arrangement, and assembly of those materials (collectively “Content”) appearing on the Website are the exclusive property of Manresa Bread or its affiliates. The Content is protected by U. S. and international copyright laws. The publication, sale, or redistribution in any form or medium of the Content is strictly prohibited without prior written permission of Manresa Bread. Content that is publicly available on the Website may not be stored in a computer, except for personal and noncommercial use.
All trademarks, logos, trade dress, and service marks (collectively “Trademarks”) displayed on the Website are the exclusive property of Manresa Bread. The use of our Trademarks without expression written authorization is strictly prohibited. You may not use, display, or publish our Trademarks for commercial purposes, in any way that would cause confusion among consumers, or in any manner that would disparage, discredit, or otherwise harm the reputation of Manresa Bread.
9. PRIVACY POLICY
Manresa Bread respects your privacy. Our Privacy Policy can be found at here. By using the Website and our Service, you are consenting to the terms of our Privacy Policy.
10. WARRANTY DISCLAIMER & LIMITATION OF LIABILITY
EXCEPT AS OTHERWISE EXPLICITLY STATED IN THE TERMS OF SALE THAT GOVERN THE SALE OF EACH PRODUCT ON THE WEBSITE, THE PRODUCTS OFFERED FOR SALE AND THE TRANSACTIONS CONDUCTED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” BASIS. MANRESA BREAD MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED OR SOLD ON THIS WEBSITE, EXCEPT AS EXPRESSLY STATED OTHERWISE. MANRESA BREAD HEREBY DISCLAIMS ALL WARRANTIES EITHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, AND QUIET ENJOYMENT.
EXCEPT AS EXPRESSLY PROVIDED OTHERWISE, YOU ASSUME ALL RISKS CONCERNING THE SUITABILITY AND ACCURACY OF THE INFORMATION ON THE WEBSITE. THE WEBSITE MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. MANRESA BREAD ASSUMES NO RESPONSIBILITY FOR AND DISCLAIMS ALL LIABILITY FOR ANY SUCH INACCURACIES, ERRORS, OR OMISSIONS ON THE WEBSITE. MANRESA BREAD CANNOT GUARANTEE THAT ANY PERSONAL INFORMATION SUPPLIED BY YOU WILL NOT BE MISAPPROPRIATED, INTERCEPTED, OR USED BY OTHERS.
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL MANRESA BREAD BE LIABLE FOR ANY SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE OR OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE COMPANY’S SERVICE.
11. LINKS TO THIRD PARTY WEBSITES
This website may contain links to third-party websites which are not under the control of Manresa Bread. Manresa Bread is not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Manresa Bread is providing these links to you only as a convenience, and the inclusion of any link does not imply that Manresa Bread endorses or accepts any responsibility for the content on such third-party site.
12. RELEASE AND INDEMNIFICATION BY USERS
You agree to forever release, indemnify, defend, and hold harmless Manresa Bread, its directors, affiliates, officers, subsidiaries, employees, agents, licensors, attorneys, independent contractors, and providers from and against any and all claim, loss, expense, or demand of liability, including attorneys’ fees and costs, arising out of your use or inability to use the Services. Manresa Bread reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to your indemnification. You agree not to settle any claim or matter without the written consent of the Company.
13. ARBITRATION
Please read this carefully. It affects your rights. Manresa Bread and you (such references include our respective subsidiaries, affiliates, predecessors in interest, successors and assigns) agree to arbitrate all disputes and claims arising out of or relating to this Agreement between Manresa Bread and you.
A party who intends to seek arbitration must first send written notice to Manresa Bread of its intent to arbitrate (“Notice”). The Notice to Manresa Bread should be sent by any of the following means: (A) electronic message by sending an email to info@manresabread.com, or (B) sending the Notice by U.S. Postal Service certified mail to Manresa Bread Project LP at 605 University Ave., Los Gatos, CA 95032. The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within 60 days after the Notice is received, you or Manresa Bread may commence an arbitration proceeding.
The arbitration shall be governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and shall be administered by the AAA. All issues are for the arbitrator to decide, including the scope of this arbitration clause, but the arbitrator is bound by the terms of this Agreement.
You agree that, by entering into this Agreement, you and Manresa Bread are waiving the right to a trial by jury.
The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. You and Manresa Bread agree that YOU AND MANRESA BREAD MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, and not as a plaintiff or class member in any purported class or representative proceeding. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.
14. MODIFICATIONS TO TERMS OF USE
Manresa Bread may change, modify, update, add or remove portions of these Terms of Use at any time. Please review these Terms of Use periodically for changes. Your continued use of the Company’s Service following the posting of any changes will signify your acceptance of those changes.
15. MISCELLANEOUS
These Terms of Use constitute the entire agreement between you and Manresa Bread regarding this subject matter, and govern your use of the Website. By accessing the Website, you agree that the statutes and laws of the United States and the State of California, without regard to any principles of conflicts of law, will apply to all matters relating to the use of this Website and use of Manresa Bread’s services.
The failure of Manresa Bread to exercise or enforce any right or provision of these Terms of Use does not constitute a waiver of such right or provision. If a court of competent jurisdiction finds any provision of these Terms of Use to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the website or these Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.
DIRECT QUESTIONS OR NOTICES TO: