TERMS OF USE
TERMS OF USE AND TERMS OF SALE
Welcome to CakeAndAPrayer.com, a website operated by Cake And A Prayer LLC. The following is a legal agreement between Cake And A Prayer, LLC and you. By accessing this site or by purchasing goods or services, you agree to be bound by these terms of use and conditions of sale. THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THIS AGREEMENT IN ITS ENTIRETY.
PRIVACY
Any information you provide to us is subject to our Privacy Policy. For more information, review our full privacy policy.
PERMISSION TO USE CONTENT
Cake And A Prayer grants you a limited license to access this site and not to download (other than page caching) or modify it, in whole or in part, except with express written consent of Cake And A Prayer or where expressly permitted. You agree not to use or resell CakeAndAPrayer.com or the services it provides for any commercial purpose, including but not limited to sending unsolicited commercial messages.
In order to purchase products or services through Cake And A Prayer, LLC, you agree that you are 18 years of age or older, or have the specific permission of a parent or legal guardian.
SITE SERVICES
CakeAndAPrayer.com may change, suspend or discontinue any aspect of the products and services at any time, including the availability of any feature or content. CakeAndAPrayer.com may also impose limits on certain features and services or restrict your access to parts or all of the product and services without notice or liability.
COPYRIGHT
All content included on this site, such as prayer messages, text, graphics, logos, icons, photos, products, audio clips, digital downloads, data compilations, and software, is the property of CakeAndAPrayer.com, or its content suppliers or licensors and is protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of Cake And A Prayer, LLC. and is protected by U.S. and international copyright laws. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create derivative works from, distribute, perform, display, incorporate into another web site, or in any other way exploit any of the content, in whole or in part without the express written permission of Cake And A Prayer, LLC.
MEMBER CONDUCT
To access many features on the site, and to purchase any goods or services, you may be required to create an account with CakeAndAPrayer.com. Any personal information you provide in connection with your account will be covered by our Privacy Policy. You are responsible for the accuracy of the information included in your account, including updating your information as necessary, maintaining the confidentiality of your password. All activity conducted in connection with your account will be your responsibility, as you are deemed to be in sole possession and control of the confidential password necessary to access your account. You must immediately notify Cake And A Prayer, LLC of any unauthorized access or tampering of your account, or suspected breach of security.
PURCHASE OF PRODUCTS OR SERVICES
You agree to pay all fees and charges incurred through your purchase of any products or services at the time of purchase and at the rates in effect for the billing period in which such fees and charges are incurred. Cake And A Prayer, LLC does not provide refunds or credits if the price for particular Products or Services previously purchased by you is lowered or is part of a promotional offer. All Products or Services purchased on a non-subscription basis (shipped products) or promotional offerings are non-refundable.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO ITS OWN NEGLIGENCE, SHALL CAKE AND A PRAYER, LLC.COM BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES THAT RESULT FROM THE USE OF THIS WEBSITE. THE MATERIALS IN THIS SITE, EVEN IF CAKE AND A PRAYER OR A CAKE AND A PRAYER AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CAKE AND A PRAYER’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING BUT NOT LIMITED TO NEGLIGENCE OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.
DISCLAIMER OF WARRANTIES
THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CAKE AND A PRAYER, LLC.COM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. CAKE AND A PRAYER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CAKE AND A PRAYER, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATION REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. YOU (AND NOT CAKE AND A PRAYER, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.
PRODUCT INFORMATION DISCLAIMER
It is our intent to provide the most accurate and up-to-date information available throughout the site and in our communications with you. Occasionally, information on CakeAndAPrayer.com may contain typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing and/or availability. Cake And A Prayer, LLC reserves the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice, including after your order has been submitted. In addition, we reserve the right to cancel orders due to lack of availability, including after your order has been submitted. We apologize for any inconvenience this may cause you.
UNSOLICITED SUBSMISSIONS
Cake And A Prayer, LLC welcomes comments regarding its products and services. However, Cake And A Prayer’s policy is not to accept or consider creative ideas, suggestions or materials other than those it has specifically requested.. Accordingly, we must ask that you not send us any such ideas. If, despite our request that you not do so, you send us creative suggestions, ideas, notes, drawings, concepts or other information (collectively, the "Information"), the Information shall be deemed, and shall remain, the property of Cake And A Prayer, LLC. None of the Information shall be subject to any obligation of confidentiality on the part Cake And A Prayer, LLC shall not be liable or owe any compensation for any use or disclosure of the Information, other than such liability as arises out of the copyright or patent laws of the United States.
Cake And A Prayer, LLC has the right to revise these Terms at any time by updating this posting. By using this Site, you agree to be bound by any such revisions and should therefore periodically visit this Site to determine the then-current Terms to which you are bound.
TERMINATION
This agreement will terminate immediately without notice from Cake And A Prayer, LLC if in Cake And A Prayer’s sole discretion you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from Cake And A Prayer, LLC and all copies thereof, whether made under the terms of this agreement or otherwise.
DISPUTES AND JURISDICTION
In the event you violate these terms of use, at Cake And A Prayer’s sole discretion, Cake And A Prayer may at any time, terminate your account or suspend the delivery of or access to products and services, in addition to all other legal rights and remedies available to it.
This agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without giving effect to any principles of conflicts of law. Any dispute relating in any way to your visit to CakeAndAPrayer.com or to products you purchase through CakeAndAPrayer.com shall be submitted to confidential arbitration in Illinois, except that, to the extent you have in any manner violated or threatened to violate Cake And A Prayer’s intellectual property rights, Cake And A Prayer may seek injunctive or other appropriate relief in any state or federal court in the state of Illinois, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise, and you agree that you will not participate as a class member or class representative in any action against Cake And A Prayer, LLC.
MISCELLANEOUS
If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between the parties relating to the subject matter herein and shall not be modified except in writing, signed by both parties.
Cake And A Prayer, LLC makes no representation that materials in the site are appropriate or available for use outside the United States. Those who choose to access this site from outside the United States do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Individuals also agree to comply with all applicable United States export controls.
