Terms & Conditions

Last modified: April 6, 2021

Acceptance of the terms

By using this website, you accept and agree to be bound by these Terms of Use and our Privacy Policy, incorporated by reference. If you do not agree, you must not use the website. The website is offered to users who are 13 or older and reside in the United States. Users between 13 and 18 may use it only under the supervision of a parent or guardian who agrees to these terms.

Changes to the terms

We may revise these Terms of Use at our discretion. Changes are effective immediately when posted and apply to all use thereafter. Your continued use of the website means you accept the changes, so please check this page periodically. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the website.

Accessing the website and account security

We may withdraw or amend the website or any service without notice and will not be liable if it is unavailable. You are responsible for arranging your own access and for ensuring anyone who uses the website through your connection complies with these terms. Any registration information you provide must be correct, current, and complete. Keep any username or password confidential; your account is personal to you. We may disable any credentials at any time at our discretion.

Intellectual property rights

Unless otherwise indicated, the website and all of its contents and features are owned by the Company, its licensors, or other providers and are protected by intellectual property laws. These terms permit personal, informational, and shopping use only, and do not permit any resale or commercial use. You must not reproduce, distribute, modify, republish, or transmit material from the website except for incidental browser caching and printing one copy of a reasonable number of pages for personal, non-commercial use. To request other uses, email info@indycakes.com.

Trademarks

The Company name, logo, images of Sweet Escape, and related names, logos, and slogans are trademarks of the Company or its affiliates. You must not use them without prior written permission. Other names and marks on the website belong to their respective owners.

Prohibited uses

You may use the website only for lawful purposes and in accordance with these terms. You agree not to use it in any way that violates applicable law; to exploit or harm minors; to send advertising, spam, or chain letters; to impersonate the Company or others; or to engage in conduct that restricts anyone's use of the website. You also agree not to overburden or impair the site, use bots or scrapers without consent, introduce malicious code, attempt unauthorized access, or interfere with the proper working of the website.

Monitoring and termination

We may take legal action for any illegal or unauthorized use, and may terminate or suspend your access for any reason, including any violation of these terms. We may cooperate with law enforcement, and you release the Company from claims resulting from such investigations.

Reliance on information posted

Information on the website is provided for general information only. We do not warrant its accuracy, completeness, or usefulness, and any reliance you place on it is at your own risk. Content provided by third parties is the responsibility of those parties.

Changes to the website and online purchases

We may update or discontinue the website or any feature without notice and will not be liable for doing so. All purchases and transactions formed through the website are governed by our Terms of Sale, incorporated by reference.

Linking and third-party links

You may link to the website in a non-commercial, fair, and legal way that does not damage our reputation or imply association, approval, or endorsement without our written consent. You may not use our marks or framing techniques without permission. Where the website links to third-party sites, those links are for your convenience only; we do not control and are not responsible for their content, and you access them at your own risk.

Geographic restrictions

The website is operated from Indiana and is intended for use by persons in the United States. If you access it from elsewhere, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of warranties

Your use of the website is at your own risk. The website, its content, and any services or items obtained through it are provided on an "as is" and "as available" basis without warranties of any kind, express or implied. We do not warrant that the website will be accurate, reliable, error-free, uninterrupted, or free of harmful components. The Company disclaims all warranties, including merchantability, non-infringement, and fitness for a particular purpose, to the fullest extent permitted by law.

Limitation on liability

To the fullest extent permitted by law, the Company and its affiliates, licensors, and service providers will not be liable for any damages of any kind arising out of or in connection with your use of, or inability to use, the website or any content or services obtained through it, including direct, indirect, special, incidental, consequential, or punitive damages. In no event will the Company's aggregate liability exceed any amount you paid, if any, for access to or use of the site.

Indemnification

You agree to defend, indemnify, and hold harmless the Company and its affiliates, licensors, service providers, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, judgments, losses, costs, or fees (including reasonable attorneys' fees) arising out of your violation of these terms or your use of the website.

Governing law and jurisdiction

These terms and any related dispute are governed by the laws of the State of Indiana, without regard to conflict-of-law rules. Any suit or proceeding will be instituted exclusively in the federal or state courts located in the City of Indianapolis and County of Marion, although we retain the right to bring an action against you in your state of residence. You waive any objection to such jurisdiction and venue.

Time to file claims, waiver, and severability

Any claim arising out of these terms or the website must be commenced within one year after the cause of action accrues, or it is permanently barred. No waiver by the Company of any term is a continuing waiver, and if any provision is held invalid, the remaining provisions continue in full force.

Entire agreement and contact

These Terms of Use, our Privacy Policy, and our Terms of Sale are the entire agreement between you and Sweet Escape Cake Company regarding your use of the website. Questions? Email us at info@indycakes.com.