The following terms and conditions (“Terms”) constitute a binding agreement between the user (“User” or “you”) and Skaife Holdings, LLC (d/b/a Rosie’s Coffee Bar and Bakery) (“Skaife,” “we,” “us,” or “our”) and govern your access to, and use of, all or part of our Site (“Site”). The Site are made available to provide information about Rosie’s Coffee Bar and Bakery and provide consumers the chance to order. These Terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services, or otherwise.
We reserve the right, at our sole discretion, to modify our Site or to change or modify these Terms at any time. If we modify these Terms, we will post the updated Terms to the Site with a “Last Updated” effective date of the revision. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and to the extent permitted by law, you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to, use of and/or participation in the Site after these Terms have been changed or modified (see Last Updated date above) signifies your acceptance of any updated Terms. As a result, you should frequently review these Terms to understand the terms and conditions that apply to your access to, use of, and/or participation in the Site. If you do not agree to the changed or modified Terms, your sole recourse is to stop using and accessing the Site.
USE OF THE SITE
YOU MUST BE AT LEAST 16 YEARS OF AGE TO ACCESS AND USE THE SITE. The Site are not targeted towards, nor intended for use by, anyone under the age of 16. If you are between the ages of 16 and 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
There are no fees charged by Skaife to use the Site, but there may be data usage or other like fees owed to your mobile carrier resulting from such use, for which you are responsible, and you are responsible for payment of any items purchased through the Site.
All text, graphics, images, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on this Site is owned, controlled or licensed by or to us, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Feedback and other submissions
If, at our request, you send certain specific submissions or without a request from us, you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. Skaife is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.
You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of this Site or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy.
Skaife’s Online services consist of online ordering for pickup and initial cake ordering.
THIRD PARTY SiTES
- for any unlawful purpose.
- to solicit the performance of any illegal activity or other activity which infringes the rights of Skaife or others;
- to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances;
- to infringe upon or violate our intellectual property rights or the intellectual property rights of others;
- to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability;
- to submit false or misleading information;
- to collect or track the personal information of others;
- to upload or transmit viruses or any other type of malicious code or take any other action that will or may be used in any way that will affect the functionality or operation of this Site, Content or of any related website, other website, or the internet;
- to spam, deep-link, robot, phish, pharm, pretext, spider, crawl, page scrape or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process,
- to access, acquire, copy or monitor any portion of this Site or Content,
- in any way reproduce or circumvent the navigational structure or presentation of this Site or Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through this Site, and/or
- gain unauthorized access to any portion or feature of this Site, or any other systems or networks connected to this Site or to any Skaife server, or to any of the services offered on or through this Site; and/or
- probing, scanning, or testing the vulnerability of this Site or any network connected to this Site, nor breach the security or authentication measures on this Site or any network connected to this Site;
- exploiting this Site or information made available or offered by or through this Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided on this Site; and/or
- interfering with or circumventing the security features of this Site, Content, or any related website, other website, or the internet.
Skaife reserves the right to terminate your use of this Site, Content or any related website for violating any of the prohibited uses.
We do not guarantee, represent or warrant that your use of the Site will be uninterrupted, timely, secure or error-free. By using this Site, you understand and agree that this Site and Content are provided “As is” and “As available.” All Content and information provided on this Site are subject to change without notice.
Neither Skaife, its affiliates, subsidiaries, employees, officers, members, or trustees nor any of its agents, representatives, suppliers, advertisers, contractors, promotional partners, or licensors provide any express or implied representation or warranty of any kind, including without limitation, any representation or warranty that (I) this Site or Content, or any results that may be obtained by you, are complete, accurate, reliable or non-infringing; (ii) access to this Site will be uninterrupted, timely, secure, or error free; (iii) the information, software, or other material available on or accessible through this Site is free of viruses, worms, Trojan horses, or other harmful components; or (iv) Content will remain unchanged or accessible on this Site. All warranties, express or implied, are disclaimed to the fullest extent permitted by law including, without limitation, any warranty of merchantability, fitness for a particular purpose, and/or non-infringement of intellectual property. You understand and agree that Skaife will have no liability for any negligence or lack of due care in failing to protect the security of this Site.
Limitation of liability
In no case shall Skaife, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable, and disclaim any liability, for any claim, loss or damage, direct or indirect, including, without limitation, compensatory, consequential, incidental, indirect, special, exemplary or punitive damages of any kind whatsoever in connection with, as a result of, or arising (I) out of the use of or inability to use this Site and/or any Content; (ii) from any interruption in the availability of this Site and/or Content; (iii) from any loss of data and/or from any equipment failure; (iv) from unauthorized access to or alteration of your transmissions or data; (v) from statements or conduct of any third party on the Site; (vi) from any delay or failure of this Site arising out of causes beyond our control; (vii) out of the use of, reference to, or reliance on, the Content; (viii) out of any third party materials, information, products and services contained on, or accessed through, this Site (ix) out of any content, materials, accuracy of information, and/or quality of the products, services or materials provided by or advertised on Third-Party Site; or (x) out of any other matter relating to this Site or Content.
If any provision of these Terms shall be unlawful, void, or unenforceable for any reason, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind us in any respect whatsoever.
Skaife may assign its rights and obligations under these Terms, and these Terms will inure to the benefit of our successors, assigns, and licensees.
The failure of us to insist upon or enforce the strict performance with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of our right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
These Terms may be modified by our posting of changes to these Terms on the Site, or by written agreement of both parties. Each time you access the Site, you will be deemed to have accepted any such changes.