Terms Of Use
BANTAM BAGELS LLC TERMS OF USE
1. Ownership and Operation: This web site belongs to Bantam Bagels, LLC., 443 12th Street Brooklyn NY 11215, USA. Our phone number is 646-852-6320. Bantam Bagels may, in its sole discretion and at any time, modify or discontinue this web site or specific portions of it.
2. Agreement to Be Bound: IF YOU DO NOT AGREE WITH ANY OF THESE TERMS OF USE, DO NOT ACCESS OR OTHERWISE USE THIS SITE OR ANY INFORMATION OR MATERIALS CONTAINED ON THE SITE. YOUR USE OF THE SITE SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY THE TERMS SET FORTH BELOW. BY ACCEPTING YOU ARE AGREEING TO EVERY PROVISION OF THIS AGREEMENT WHETHER OR NOT YOU HAVE TO READ IT..
3. Continuing Agreement: We may change or revise these Terms of Use from time to time by updating this posting, so please visit this area each time you visit the web site to keep up to date with the current terms regarding your use of the web site. Your use of the web site reaffirms your continuing agreement to the then--current Terms of Use.
4. Use of Site Materials: Bantam Bagels owns the copyright for all of the material on the web site or has a valid right from a third party to use material on the web site. Bantam Bagels also owns or has a valid right to use all trademarks, service marks, and trade names used on this web site. No part of the web site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non--commercial home use only, provided you keep intact all copyright, trademark and other proprietary notices on the materials. Any modification of the materials or use of the materials for any other purpose is a violation of Bantam Bagels copyright and other proprietary rights. The use of any such material on any other web site or computer network without Bantam Bagels written consent is strictly prohibited. Your use of the trademarks, service marks and trade names on this web site in any manner other than as authorized in these terms and conditions, or as authorized in writing by Bantam Bagels, is strictly prohibited.
5. Downloaded Software: If you download software or other similar information from this website, the software and all files, images and data relating to the software will be licensed to you by Bantam Bagels. You do not own the downloaded software, and Bantam Bagels does not transfer ownership of the Software to you. Bantam Bagels retains full ownership of and title to the downloaded software and all intellectual property rights related to the software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the software to a human--perceivable form. Software that is downloaded from this web site is subject to United States export control laws. If you download software from this web site, you represent and warrant to Bantam Bagels that you are not acting in violation of those laws.
6. Submissions: All comments, suggestions, graphics, ideas (including product and advertising ideas), and other information or materials you submit to Bantam Bagels through this web site will become and remain the exclusive property of Bantam Bagels, including any future rights associated with such submissions, even if these Terms of Use are later modified or terminated. This means that you disclaim any proprietary rights in such submissions, and you acknowledge Bantam Bagels unrestricted right to use them (or materials or ideas similar to them) in any medium, now and in the future, without notice, compensation or other obligation to you or any other person. It also means Bantam Bagels has no obligation to keep your submissions confidential.
7. Links to Other Sites: For your convenience and enjoyment, this web site may provide links to other web sites on the World Wide Web that are not operated by Bantam Bagels. These links do not mean that Bantam Bagels endorses, approves or sponsors any information available at the linked site or any products that may be sold there, nor is Bantam Bagels liable for any damage that might result from your use of such information or products.
8. Contents of the Web Site – Disclaimer: The materials in this web site (including any graphics, software, recommendations or other materials) and any materials made available through this web site are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Bantam Bagels disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non--infringement. Bantam Bagels does not warrant or make any representations regarding the use or the results of the use of the materials in this web site in terms of their correctness, accuracy, reliability, or otherwise. The materials in this web site could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Bantam Bagels undertakes no obligation to verify or maintain the currency of such information. Certain links in this web site may link you to other sites on the worldwide web. The linked sites may not be under the control of Bantam Bagels and Bantam Bagels is in any event 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. Bantam Bagels is not responsible for webcasting or any other form of transmission received from any linked site. Bantam Bagels is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by Bantam Bagels to, or an endorsement by Bantam Bagels of, the linked site or any products or services which may be offered there.
9. Operation of the Web Site – Disclaimer: Bantam Bagels endeavors to maintain this web site and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the web site or its operation. As to the operation of the web site, Bantam Bagels expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non--infringement. Bantam Bagels makes no warranty that (i) the operation of the web site will meet the user’s requirements; (ii) access to the web site will be uninterrupted, timely, secure, free of viruses, worms, trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the web site will be accurate or reliable; or (iv) defects will be corrected. You (and not Bantam Bagels) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this web site.
10. Limitation of Liability: Under no circumstances shall Bantam Bagels be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the web site or any materials in this site, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the website or information available in the web site. Bantam Bagels shall not be liable even if Bantam Bagels or a Bantam Bagels authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
11. Limitations as to Paragraphs 10, 11, and 12: Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall Bantam Bagels total liability to you for 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.
12. Postings: Bantam Bagels may from time to time monitor or review discussions, chats, postings, and other transmissions on this web site. However, Bantam Bagels is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this web site. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Bantam Bagels will fully cooperate with any law enforcement authorities or court order requesting or directing Bantam Bagels to disclose the identity of anyone posting any such information or materials. Bantam Bagels may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Bantam Bagels, its customers or the public.
13. Availability of Help: This web site may provide a Help file or other instructions for the use of this site. However, you understand that Bantam Bagels is under no obligation to provide any support for the use of the web site.
14. Our Unconditional Guarantee: Bantam Bagels stands behind its products. When you order from Bantam Bagels, your satisfaction is always a top priority, so you can order with complete confidence. If at any time you have problems with an order, simply contact Customer Service. We reserve the right to limit refunds and replacements. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement.
15. Order Limitations: We reserve the right to reject any order you place with us, and/or to limit quantities on any order, without giving any reason. If we reject your order, we will notify you. Bantam Bagels may, at its own discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by the same OmahaSteaks.com Site account, the same credit card, and orders that use the same billing and/or shipping address. In the event we make a change to an order, we will notify you.
16. Shipping: All orders placed on this Site are subject to product availability and will be shipped according to Bantam Bagels shipping policies. At Bantam Bagels your complete satisfaction is our top priority. While we make every effort to ensure the accuracy of all information, we reserve the right to limit refunds and replacements and to make corrections if an error occurs. Please check all shipping addresses carefully. As we are shipping perishable goods, we cannot guarantee the condition of the package if our delivery service has to reroute the cooler. We guarantee delivery only to the addresses we are provided; which are confirmed on the order acknowledgement. Bantam Bagels requests that you do your best to receive our perishable product as soon as it arrives. Bantam Bagels guarantees a fresh product delivered to your door and is happy to recall or replace your product if it is not delivered within a 48 hour window of shipment. Bantam Bagels is not liable for the condition of the product after such delivery. Due to import/export restrictions, we are unable to ship our products outside the United States.
17. Termination of Use: Bantam Bagels may, in its sole discretion, terminate your account or your use of the Site at any time. You are personally liable for any orders that you place or charges that you incur prior to termination.
18. Applicable Law; Jurisdiction: These Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the State of New York, without reference to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state courts of New York or the United States District Court for the District of New York, and you hereby accept and submit to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use.
19. Severability: If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.
20. No Waiver: No failure on the part of Bantam Bagels to enforce any part of these Terms of Use shall constitute a waiver of any of Bantam Bagels rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Bantam Bagels nor the reliance of any person on Bantam Bagels actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Bantam Bagels shall have any legal effect whatsoever.
21. No Legal Effect: The paragraph titles in these Terms of Use are for convenience only and have no legal or contractual effect.