Agreement. You agree to the terms and conditions
set forth in this Terms of Use Agreement (“Agreement”) with respect
to our site (the “Site”). This Agreement constitutes the entire
and only agreement between us and you, and supersedes all prior or contemporaneous
agreements, representations, warranties and understandings with respect to
the Site and the subject matter of this Agreement. This Agreement may be amended
at any time by us from time to time without specific notice to you. The latest
version of the Agreement will be posted on the Site, and you should review
this Agreement prior to using the Site.
Pricing. The prices listed on this website
are current and up-to-date to the best of our knowledge. We are not responsible
for discrepancies between prices listed on the website, and actual prices
charged in the store. It is up to the customer to visit and/or call the store
in order to get current pricing information.
Content. The content, organization, graphics,
design, compilation, and other matters related to the Site are protected under
applicable copyrights, trademarks and other proprietary (including but not
limited to intellectual property) rights. The copying, redistribution, use
or publication by you of any such matters or any part of the Site is strictly
prohibited. Some of the content on the Site may be the copyrighted work of
third parties. Some of the content on the site may be licensed under an open-source.
Linking. You may provide links to the Site,
provided (a) that you do not remove or obscure, by framing or otherwise, the
copyright notice or other notices on the Site, (b) your site does not engage
in illegal or pornographic activities, and (c) you discontinue providing links
to the Site immediately if so requested by us.
Errors. We do not represent or warrant that
the Site will be error-free, free of viruses or other harmful components,
or that defects will be corrected. We do not represent or warrant that the
information available on or through the Site will be correct, accurate, timely
or otherwise reliable. The law is constantly changing and the information
may not be complete or accurate depending on your particular legal issue.
Each legal issue depends on its individual facts and different jurisdictions
have different laws and regulations. We reserve the right to make changes
to the features, functionality or content of the Site at any time. We reserve
the right in our sole discretion to edit or delete any documents, information
or other content appearing on the Site.
Indemnification. You agree to indemnify, defend
and hold us and our partners, associates, agents, attorneys, employees, subcontractors,
successors, assigns, and affiliates (collectively, “Affiliated Parties”)
harmless from any liability, loss, claim and expense related to your violation
of this Agreement or use of the Site. We are not responsible for any potential
damage, loss of data, or subsequent malfunction of your computer, internet
connection, or electronic device used to access this site; such is the responsibility
of the visitor to ensure that they are operating within a safe environment.
Personal Information. We will not sell, give,
or otherwise distribute your personal information to any other company. By
accessing this site, you (the visitor) acknowledges that we cannot guarantee
the security of your information while it is being transmitted to our website.
That is outside the scope of our ability, and thus we will not be responsible
for any compromised data that was (or is) being transmitted to our website
(nowcake.com). Nowcake.com utilizes the highest available security precautions
to ensure that users have the ability to transmit their data securely to us.
Should the client side of the connection not possess the available technology
or ability to transmit their information securely, you realize that we will
not be responsible for any loss or theft of information.
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