Terms and Conditions

MORE CUPCAKES, LLC
TERMS AND CONDITIONS OF USE


INTRODUCTION

Thank you for visiting www.morecupcakes.com (“this Site” or “our Site”), the website of More Cupcakes, LLC (“MORE” or “we”).   It is our pleasure to provide this Site as a service to our customers.  The following terms and conditions govern this Site and your use thereof.  Please read and review these Terms and Conditions of Use carefully.  By accessing and using this Site, whether directly, indirectly, intentionally, unintentionally, or through use of a “bookmark,” you acknowledge that you have read, understand and agree to be bound by all of the terms and conditions set forth below.  We reserve the right to amend the Terms of Use from time to time without prior notice by posting the amended terms on this Site.

USE OF THIS SITE

This Site may be used for lawful purposes only.  You may use this Site to review general information about MORE, our products and services, and to place orders subject to our regular terms of sale.  For so long as you comply with these Terms and Conditions of Use, we hereby grant you a personal, revocable, limited, non-exclusive, non-transferable, non-sublicensable license to display, reformat and print up to one (1) copy of the content made available to you on this Site, solely for your personal, non-commercial use.  You may not modify, reproduce, distribute, rent, lease, loan, sell, or create derivative works based upon the materials on the Site, or post any content from this Site to newsgroups, mail lists or electronic bulletin boards, without the prior written consent of an authorized representative of MORE.

Privacy Policy

Please review our Privacy Policy, which also governs your use of this Site, to understand our practices with respect to the collection, use and dissemination of information collected through this Site. By accessing and using this Site, you acknowledge you have read and accepted the terms and conditions of our Privacy Policy and agree to be bound by its terms and conditions as though they were included herein in their entirety.

OUR RIGHTS IN THE SITE

MORE and its licensors reserve all right, title and interest in and to this Site and all materials, information, and compilations of information available on or through the Site, as well as the domain name, design, layout, graphics, programming code and “look and feel” of the Site, the trademarks, service marks, and trade dress related thereto, and all other intellectual property and other proprietary rights embodied therein and appurtenant thereto.  You agree that you will have no rights in or to any of the foregoing, express or implied, other than the rights expressly granted in these Terms and Conditions of Use.


LINKS TO THIRD PARTY SITES

Certain links on this Site lead to websites maintained by individuals or organizations over which MORE has no control.  No representations or warranties are made regarding the accuracy, timeliness, availability, or any other aspect of products, services or information located on or available through such third party Web sites. These links are for the convenience of visitors to the Site only, and the inclusion of such links does not necessarily imply an affiliation, sponsorship or endorsement. You should review the privacy policies of third party Web sites carefully before providing any information to such sites.  MORE shall not be responsible or liable for any products, services or information available on or through any third party Web site.

TERMINATION OF ACCESS AND USE

We reserve the right to terminate your access to and use of this Site at any time, and without any prior notice to you, if you violate any provision of these Terms and Conditions of Use, or use the Site in a manner for which it is not intended to be used.  You further agree to indemnify, defend and hold MORE, and its directors, officers, agents and affiliates, harmless from and against any and all claims, demands, damages, losses and expenses of any kind, including attorneys’ fees and costs, arising out of or related to your use or misuse of this Site, your violation of these Terms of Use, or your violation of any rights of another person or entity.

SITE SECURITY

Users of this Site are prohibited from violating or attempting to violate the security of this Site, including but not limited to: (1) accessing data not intended for such user or logging onto a server or account which the user is not authorized to access; (2) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (3) attempting to interfere with the services provided by this Site to any user, host or network by means including but not limited to submitting a virus to the Site, “spamming,” “crashing,” or otherwise overloading the Site; (4) sending unsolicited email or communications; (5) forging any information from this Site or leading to this Site in any email or newsgroup posting.  Violations of this Site’s security may result in civil or criminal liability.  In the event of an actual or perceived violation of the security of the Site, MORE will cooperate with law enforcement authorities in prosecuting users involved in such violations.

You are responsible for the security, confidentiality, and use of any user name, password or other personal identifier you use in connection with your use of this Site.  You will be responsible to pay MORE or any third party vendors for any goods and/or services obtained through this Site if access to the Site was obtained, or any product or service purchased, through the use of such user name, password or other personal identifier.  MORE may terminate your access to and use of this Site in accordance with the terms and conditions herein if you do not promptly pay any such amounts when due.

TERMS OF SALE

All MORE products and services are sold pursuant to our regular terms of sale and/or the terms of sale you have previously entered into with MORE relating to such transactions as well as these Terms and Conditions of Use.  Additional copies of our regular terms of sale and/or the terms of sale you have previously entered into with MORE relating to such transactions are available upon request.  Please review these terms of sale carefully.  Your order or purchase of any product shall constitute your acceptance of these terms of sale.

MORE has taken commercially reasonable measures to display products and services as accurately as possible through this Site.  However, as colors and shapes may depend on your monitor and/or computer system, MORE cannot guarantee any such accuracy or accept responsibility or the return of such products due to such inaccuracies.

Pricing

All prices are quoted in US dollars, FOB Chicago and are subject to change without notice. Shipping charges are prepaid and billed to the buyer.  MORE attempts to provide accurate product and pricing information and freight quotes, however, pricing or typographical errors may occur.  MORE cannot confirm the price of an item until after you place an order.  In the event that an item is listed incorrectly in any manner, MORE shall have the right to, at its sole discretion, refuse or cancel any such orders and, at its discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

Order Acceptance

There may be certain orders that MORE is unable to accept and must cancel.  MORE reserves the right, at its sole discretion, to refuse or cancel any order for any reason.  MORE may also require additional verifications or information before accepting any order.  MORE will contact you if all or any portion of your order is canceled or if additional information is required to accept your order.  If you order has been cancelled after you have been charged, MORE will issue a credit to your account in the amount of the charge.

Payment

Payment on all orders is net 30 days of delivery, subject to approval of buyer’s creditworthiness.  MORE reserves the right to request advance payment in certain cases.  Buyer is responsible for associated bank charges on all overseas transactions.  A 1.5% monthly late charge on account balances over 30 days past due will be added to invoices, accruing from date of delivery until the date paid.  MORE also accepts credit card payments for online purchases in accordance with the terms and conditions of its merchant agreement.  In the event shipping or freight charges cannot be determined at the time of sale, MORE will contact Buyer, either via telephone or e-mail correspondence for approval of such additional charges to be charged to the credit card on file with MORE.  In the absence of such approval, the original order will be cancelled and the original charges reversed.  MORE reserves the right to charge a handling fee as a result of the cancellation of an order due to non-approval of additional shipping or freight charges not to exceed 3% of the original order amount.

Shipping

The title to and risks of loss for products sold hereunder shall pass to the buyer upon delivery of the products to the common carrier.  Any damages to products associated with shipping or delivery of products after delivery by MORE to the common carrier are the responsibility of the common carrier and buyer’s sole recourse for such damages shall lie with the common carrier.

Returns

All sales are final and non-refundable, and no returns shall be accepted.

Rejection of Buyer’s Terms

Any terms and conditions contained in Buyer’s purchase order, correspondence or other communications that vary from or conflict with these Terms of Sale are expressly rejected by MORE, unless memorialized in an binding sales agreement signed by duly authorized representatives of each party.

Product Changes

MORE reserves the right to delete products or change product specifications at any time without prior notice.

Products not listed

Please inquire for related products not listed.

Product Disclaimers

MORE products may contain allergens, including but not limited to peanuts, nuts, wheat, gluten, alcohol and dairy.  MORE makes every effort to identify ingredients in its products that may cause allergic relations for those with food allergies.  Every effort is made to instruct our food production staff on the severity of food allergies and to label items with possible allergen-containing ingredients.  However, there is always a risk of contamination.  There is also a possibility that manufacturers of commercial ingredients could change the formulation of their products at any time without notice.  Customers with food allergies or concerned with allergic reactions acknowledge that they are aware of these risks and further acknowledge that MORE products may contain allergens, including but not limited to peanuts, nuts, wheat, gluten, alcohol and dairy and that consumption of MORE products is at buyer’s own risk.  MORE disclaims all and will not assume any liability for adverse reactions to foods consumed, or contact with food items that may occur while eating or handling any of its products.  

MORE products may also contain alcohol.  When consumed in recommended quantities, the amount of alcohol in MORE products is safe for all ages.  It is not the intent of MORE to promote the misuse of alcohol, alcoholism, hazing, binge drinking or any other form of alcohol abuse.  MORE disclaims all and will not assume any liability for the effects of the alcohol consumed through consumption of products offered for sale by MORE.


***GENERAL DISCLAIMER***

THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  MORE MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, REGARDING THIS SITE OR THE PRODUCTS, SERVICES OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE.  MORE DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY INFORMATION OR MATERIALS AVAILABLE ON OR THROUGH THE SITE WILL BE ACCURATE, TIMELY, COMPLETE, UP-TO-DATE, CURRENT, OR FREE FROM TYPOGRAPHICAL ERRORS OR ALTERATIONS BY THIRD PARTIES.  WITHOUT LIMITING THE FOREGOING, MORE HEREBY DISCLAIMS ANY AND ALL WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND QUIET ENJOYMENT.

LIMITATIONS OF LIABILITY

In no event will MORE or its directors, officers, employees, agents or affiliates be liable to you or anyone else for any indirect, consequential, special, incidental, exemplary, punitive, or similar damages (including loss of use, loss of profits or loss of data) arising out of or related to the site or your use of the site, or for any decision made or action taken by you in reliance on the information or materials provided on or available through this site, regardless of the form of action, whether in contract, tort, or otherwise, and even if advised of the possibility of such damages and you agree to indemnify MORE for any such damages incurred or suffered.  

To the maximum extent permitted by applicable law, MORE’s total cumulative liability to you for all claims or suits arising from or related to this site, regardless of the form of action, shall in no event exceed the greater of the amounts paid by you to MORE in the twelve (12) months preceding the first such claim or one hundred dollars ($100), even if advised of the possibility of such damages.  The existence of more than one claim or suits will not expand this limitation.

GOVERNING LAW; JURISDICTION

These Terms and Conditions of Use and the relationship between you and us relating to your use of the Site shall be governed by and interpreted in accordance with the laws of the State of Illinois, without regard to any conflict of laws principles that would require the application of the laws of a different jurisdiction. You agree to submit to the personal jurisdiction of the state and federal courts located within Illinois for any dispute, claim or action arising out of or related to your use of this Site or these Terms and Conditions of Use, and hereby waive any objections to the jurisdiction and venue of such courts.

ASSIGNMENTS

You may not assign or delegate any right or duty under these Terms and Conditions of Use or related to this Site without the prior written consent of an authorized officer of MORE.  Any attempted assignment or delegation without such consent will be null and void from the beginning and without further effect.  We may assign any right or duty under these Terms and Conditions of Use or related to the Site with or without notice to you.  Subject to the foregoing, these Terms and Conditions of Use will be binding on and will inure to the benefit of you and us, and each of our respective representatives, heirs, administrators, successors and permitted assigns.

CHANGES TO THESE TERMS OF USE

We reserve the right to amend these Terms and Conditions of Use from time to time by posting the amended terms on this Site.  We will notify you of these changes by updating the “Effective Date” for these Terms and Conditions of Use, or by posting a notice on our Site that the Terms and Conditions of Use have been changed.  However, it remains your responsibility to review the Terms of Use, and your continued use of the Site after we have amended the Terms and Conditions of Use shall signify your acceptance of the amended terms.  These Terms and Conditions of Use may be modified by you only by obtaining the prior written consent of an authorized representative of MORE.

WAIVER

No duty or breach of these Terms and Conditions of Use may be waived by any act, omission or knowledge by us, except by an instrument in writing expressly waiving the duty or breach and signed by an authorized representative of MORE.  Any waiver (express or implied) by us of any duty or breach will not constitute a waiver of any other or subsequent duty or breach.

CHILDREN

The Site is not intended for or directed at children under the age of 18.  

COMMUNICATION

When you visit this Site or send e-mail correspondence or other communications to MORE, you are communicating with us electronically.  At times, MORE may communicate with you electronically by e-mail correspondence, by postings on this Site or otherwise. By communicating with MORE electronically, you acknowledge all terms and condition, agreements, notices, disclosures and other communications that we provide electronically satisfy any legal requirement that such communications be in writing.

CONTACTING US

If you have questions about the Terms and Conditions of Use for this Site, or any other questions concerning the Site, please contact:

More Cupcakes, LLC
1 East Delaware
Chicago, Illinois 60610

ENTIRE AGREEMENT

These Terms and Conditions of Use constitute the entire agreement between you and us with regard to your access to and use of this Site, and supersede all prior and contemporaneous negotiations, statements and agreements, whether written or oral, relating to the subject matter hereof.  In the event any provision of these Terms and Conditions of Use is held to be invalid or unenforceable, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent permitted under applicable law, and the remaining provisions will continue in full force and effect.



Copyright © 2009 More Cupcakes, LLC.  All rights reserved.