Terms of Service
By using the Site in any manner, including but not limited to visiting or browsing the Site, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site, including without limitation users who are vendors, customers, merchants, contributors of content, information and other materials or services on the Site.
Age: BRAKFAST's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. BRAKFAST may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use BRAKFAST's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.
Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify BRAKFAST of any unauthorized use of your password or any breach of security. You also agree that BRAKFAST cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than BRAKFAST without BRAKFAST's express written permission.
Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To purchase items on BRAKFAST you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.
Account Transfer: You may not transfer or sell your BRAKFAST account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.
Right to Refuse Service: BRAKFAST's services are not available to temporarily or indefinitely suspended BRAKFAST members. BRAKFAST reserves the right, in BRAKFAST's sole discretion, to cancel unconfirmed or inactive accounts. BRAKFAST reserves the right to refuse service to anyone, for any reason, at any time.
Fees and Services
BRAKFAST may, at BRAKFAST's sole discretion, change some or all of BRAKFAST's services at any time. In the event BRAKFAST introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are responsible for paying all fees and applicable taxes associated with using BRAKFAST.
Fees and Termination: If BRAKFAST terminates your account, if you close your account, or if the payment of your BRAKFAST fees cannot be completed for any reason, you remain obligated to pay BRAKFAST for all unpaid fees plus any penalties, if applicable. If you have a question or wish to dispute a charge, contact BRAKFAST.
Binding Sale: All sales are binding. BRAKFAST is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.
Order Processing: BRAKFAST may, in its sole discretion, choose to not process or to cancel your order in certain circumstances. This may occur, for example, when the product or service you wish to purchase is out of stock or has been mispriced, we suspect the request is fraudulent, or in other circumstances BRAKFAST deems appropriate in its sole discretion. BRAKFAST also reserves the right, in its sole discretion, to take steps to verify your identity to process your order. BRAKFAST will either not charge you or refund the charges for orders that we do not process or cancel.
Refund Policy: BRAKFAST may grant refund on certain items on a case-by-case basis and is at the sole discretion of BRAKFAST.
Pricing Information: BRAKFAST strives to provide accurate pricing information regarding the products and services available on BRAKFAST. We cannot, however, insure against pricing errors. BRAKFAST reserves the right, at its sole discretion, to not process or to cancel any orders placed for a product or service whose price was incorrectly posted on the site as a result of an error. If this occurs, BRAKFAST will notify you by email. In addition, BRAKFAST reserves the right, at its sole discretion, to correct any error in the pricing.
Prohibited, Questionable and Infringing Items and Activities
You are solely responsible for your conduct and activities on and regarding to BRAKFAST and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on BRAKFAST.
Restricted Activities: Your Content and your use of BRAKFAST shall not:
Be false, inaccurate or misleading.
Be fraudulent or involve the sale of illegal, counterfeit or stolen items.
Infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy.
Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising).
Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall.
Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including BRAKFAST staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device.
Be obscene or contain child pornography.
Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
Host images not part of a listing.
Link directly or indirectly, reference or contain information about goods or services offered external to BRAKFAST.
Modify, adapt or hack BRAKFAST or modify another website so as to falsely imply that it is associated with BRAKFAST.
Appear to create liability for BRAKFAST or cause BRAKFAST to lose (in whole or in part) the services of BRAKFAST's ISPs or other suppliers.
Idea Submissions: BRAKFAST considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (collectively, the "Material") to be non-confidential and non-proprietary, and BRAKFAST shall not be liable for the disclosure or use of such Material. If, at BRAKFAST's request, any member sends Material to improve the site (for example through customer support), BRAKFAST will also consider that Material to be non-confidential and non-proprietary and BRAKFAST will not be liable for use or disclosure of the Material. Any communication by you to BRAKFAST is subject to this Agreement. You hereby grant and agree to grant BRAKFAST, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.
BRAKFAST does not control the Content provided by users that is made available on BRAKFAST. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.
Additionally, there may also be risks dealing with international trade and foreign nationals. By using BRAKFAST, you agree to accept such risks and that BRAKFAST (and BRAKFAST's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on BRAKFAST. Please use caution, common sense, and practice safe buying when using BRAKFAST.
Other Resources: BRAKFAST is not responsible for the availability of outside websites or resources linked to or referenced on the Site. BRAKFAST does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that BRAKFAST shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.
BRAKFAST's Intellectual Property
BRAKFAST, and other BRAKFAST graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of BRAKFAST, Inc. in the U.S. and/or other countries. BRAKFAST's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.
Access and Interference
Much of the information on BRAKFAST is updated on a real-time basis and is proprietary or is licensed to BRAKFAST by BRAKFAST's users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access BRAKFAST for any purpose without BRAKFAST's prior express written permission.
Without limiting any other remedies, BRAKFAST may, without notice, and without refunding any fees, delay or immediately remove Content, warn BRAKFAST's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:
BRAKFAST, BRAKFAST'S OFFICERS, DIRECTORS, EMPLOYEES, AND BRAKFAST'S SUPPLIERS PROVIDE BRAKFAST'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. BRAKFAST, BRAKFAST'S OFFICERS, DIRECTORS, EMPLOYEES AND BRAKFAST'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM BRAKFAST SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.
IN NO EVENT SHALL BRAKFAST, AND (AS APPLICABLE) BRAKFAST'S OFFICERS, DIRECTORS, EMPLOYEES OR BRAKFAST'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, BRAKFAST'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.
BRAKFAST'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF BRAKFAST'S OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO BRAKFAST IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
YOU AGREE TO INDEMNIFY AND HOLD BRAKFAST AND (AS APPLICABLE) BRAKFAST'S OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.
BRAKFAST does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside BRAKFAST's control.
Choice of Law
This Agreement shall in all respects be interpreted and construed with and by the laws of the State of California, excluding its conflicts of laws rules, and the United States of America.
The services hereunder are offered by The BRAKFAST, Inc., located at 888 O’Farrell Street, San Francisco, CA- 94109.