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Terms of service
This website is operated by The Pink Lemonade Cake Company, LLC (“TPLCC, PLCC,” “we,” “us,” or “our”). Throughout the site, the terms “we,” “us” and “our” refer to PLCC. PLCC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here (“Terms”).
By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms, including additional terms and policies referenced here or available by hyperlink. These Terms apply to all users of the site, including without limitation browsers, vendors, customers, merchants, and contributors of content. If you do not agree to all the Terms, you may not access the website or use any Services.
Any new features or tools added to the current store are also subject to these Terms. You can review the most current version of the Terms at any time on this page. We reserve the right to update or change any part of these Terms by posting updates to our website. Your continued use of the site following the posting of any changes constitutes acceptance of those changes.
Our store is hosted on Shopify Inc., which provides the e-commerce platform that allows us to sell our products and Services to you.
1. ONLINE STORE TERMS
By agreeing to these Terms, you represent that you are at least the age of majority in your state or province of residence, or you are the age of majority and you have given us your consent to allow any of your minor dependents to use this site.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws (including but not limited to copyright laws).
You must not transmit any worms, viruses or any code of a destructive nature.
A breach or violation of any of the Terms will result in an immediate termination of your Services.
2. GENERAL CONDITIONS
We reserve the right to refuse service to anyone, for any reason, at any time.
You understand that your content (not including credit card information) may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service without our express written permission.
Section headings are for convenience only and do not limit these Terms.
3. ACCURACY, COMPLETENESS & TIMELINESS OF INFORMATION
We are not responsible if information on this site is not accurate, complete or current. Material is provided for general information and should not be relied upon as the sole basis for decisions without consulting primary, more accurate or more timely sources. Any reliance on the site is at your own risk. We may modify site contents at any time, with no obligation to update information.
4. MODIFICATIONS TO THE SERVICE AND PRICES
Prices for our products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service (or any part/content thereof) without notice.
We shall not be liable to you or any third party for any modification, price change, suspension or discontinuance.
5. PRODUCTS OR SERVICES
Certain products or Services may be available exclusively online and may have limited quantities. Sales, returns, or exchanges are governed by our Refund Policy.
We attempt to display product colors and images as accurately as possible, but cannot guarantee your monitor’s display.
We may limit sales to any person, region, or jurisdiction; limit quantities; change product descriptions or pricing; and discontinue products at any time. Any offer is void where prohibited. We do not warrant that the quality of products or Services will meet your expectations, or that any errors will be corrected.
Refund Policy: see pinklemonadecakes.com/policies/refund-policy
6. ACCURACY OF BILLING & ACCOUNT INFORMATION
We reserve the right to refuse any order. We may limit or cancel quantities per person, household, or order (including orders under the same account, card, billing/shipping address). If we change or cancel an order, we may attempt to notify you via the email and/or billing phone/address provided at the time of order. We may limit or prohibit orders that, in our judgment, appear to be placed by dealers, resellers, or distributors.
You agree to provide current, complete, and accurate purchase and account information and promptly update such information.
For more details, see our Refund Policy: pinklemonadecakes.com/policies/refund-policy
7. OPTIONAL TOOLS
We may provide access to third-party tools “as is” and “as available” without warranties or endorsements. We are not liable for your use of optional third-party tools. Any use is entirely at your own risk and discretion, and you should ensure you approve of the terms provided by the relevant third-party provider(s). New features or services will also be subject to these Terms.
8. THIRD-PARTY LINKS
Certain content, products, and Services may include materials from third parties. Third-party links may direct you to websites not affiliated with us. We are not responsible for examining or evaluating content or accuracy and we do not warrant and will not have liability for any third-party materials or websites. Review third-party policies and practices carefully. Complaints or questions regarding third-party products should be directed to the third party.
9. USER COMMENTS, FEEDBACK & OTHER SUBMISSIONS
If you send submissions (e.g., reviews, ideas, proposals) online, by email, by mail, or otherwise (collectively, “comments”), you agree that we may edit, copy, publish, distribute, translate, and otherwise use in any medium any comments you forward to us, without restriction and without obligation to (1) maintain comments in confidence; (2) pay compensation; or (3) respond.
We may, but have no obligation to, monitor, edit, or remove content we determine to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or that violates any party’s intellectual property or these Terms.
You agree your comments will not violate any right of any third party and will not contain unlawful, abusive, or obscene material, or malicious code. You may not use a false email address or mislead us or third parties as to the origin of any comments. You are solely responsible for your comments.
10. PERSONAL INFORMATION & PRIVACY
Your submission of personal information through the store is governed by our Privacy Policy: pinklemonadecakes.com/policies/privacy-policy
11. ERRORS, INACCURACIES & OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
12. PROHIBITED USES
In addition to other prohibitions in these Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit unlawful acts; (c) to violate any regulations, rules, laws, or ordinances; (d) to infringe upon or violate intellectual property rights; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate; (f) to submit false or misleading information; (g) to upload or transmit viruses or malicious code; (h) to collect or track personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent security features. We may terminate your use for violating any prohibited use.
13. INTELLECTUAL PROPERTY
All content on the site (including text, graphics, logos, product names such as “Chewies” and “Mix-n-Bake,” icons, images, and software) is our property or our licensors’ and is protected by intellectual property laws. You may not use our trademarks or trade dress without our prior written consent.
14. DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
We do not guarantee that your use of the Service will be uninterrupted, timely, secure, or error-free; or that results will be accurate or reliable.
You agree that the Service and all products delivered to you (except as expressly stated by us) are provided “as is” and “as available,” without any warranties, express or implied, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.
In no case shall PLCC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any indirect, incidental, punitive, special, or consequential damages of any kind (including lost profits, revenue, savings, data, or replacement costs), whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of the Service or any products procured using the Service, or for any other claim related to your use of the Service or any product, even if advised of the possibility. Some jurisdictions do not allow exclusion or limitation of liability for consequential or incidental damages, so in such jurisdictions our liability shall be limited to the maximum extent permitted by law.
15. INDEMNIFICATION
You agree to indemnify, defend, and hold harmless TPLCC and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms or your violation of any law or third-party right.
16. SEVERABILITY
If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall be enforceable to the fullest extent permitted by law, and the unenforceable portion shall be deemed severed. Such determination shall not affect the validity and enforceability of remaining provisions.
17. TERMINATION
Obligations and liabilities incurred prior to termination shall survive termination. These Terms are effective unless terminated by you or us. You may terminate at any time by ceasing to use the site and notifying us. If, in our judgment, you fail to comply with any term, we may terminate the agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; we may deny you access to our Services.
18. ENTIRE AGREEMENT; NO WAIVER
These Terms and any policies posted by us on the site constitute the entire agreement and supersede any prior agreements between you and us. Our failure to exercise or enforce any right or provision shall not constitute a waiver of such right or provision. Any ambiguities shall not be construed against the drafting party.
19. GOVERNING LAW & VENUE
These Terms and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of South Carolina, without regard to conflicts of law principles. You agree to the exclusive jurisdiction and venue of the state and federal courts located in Charleston County, South Carolina.
20. CHANGES TO TERMS
You can review the most current version of the Terms at any time on this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms by posting updates and changes to our website. Your continued use of or access to our site or the Service following the posting of any changes constitutes acceptance of those changes.
21. CONTACT INFORMATION
Questions about the Terms should be emailed to: info@pinklemonadecakes.com.
The Pink Lemonade Cake Company, LLC
South Carolina LLC — Registered to Transact Business in South Carolina