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Terms of Use

Your Use of This Site

Porto’s Bakery provides you with the right to access and use this Site, subject to your compliance with these Terms of Use. Your accessing or using this Site constitutes your agreement with and acknowledgment of these Terms of Use. If you do not agree with these Terms of Use, you may not access or use this Site.

All information, data, materials, text, graphics, images, and other content available on this Site (collectively, “Content”) are provided for informational purposes and personal use only.

Your Content

You grant Porto’s Bakery a non-exclusive, royalty-free license to use any material, information or other content that you post on or through this Site for any purpose, subject to the provisions of these Terms of Use and any other applicable terms and conditions.

By submitting any material, information or other content to or through this Site, you represent that you are a United States of America resident and are 18 years old or older.

You acknowledge that Porto’s Bakery and its designees shall have the right (but not the obligation) to pre-screen any material, information or other content e-mailed, transmitted, or otherwise transferred by you via this Site. Porto’s Bakery and its designees shall have the right to refrain from e-mailing, transmitting, or otherwise transferring any material, information or other content provided by you that Porto’s Bakery determines in its discretion violates these Terms of Use or is otherwise objectionable.

Limitations and Prohibited Activities

As a condition of your access to this Site, you agree to the following in connection with your use of this Site:

Your use of any of the Content available on this Site is for informational and personal use only (such as for employment application purposes);

You will not distribute, publish, transmit, modify, display or create derivative works from or exploit any of the Content available on this Site in any way;

You will not post or submit anything to this Site that may violate any rights of any third party, including any copyright, trademark, privacy or other personal or proprietary right(s);

You will follow all of these Terms of Use, as well as all applicable laws, rules and regulations, and will not engage in or encourage conduct that may give rise to civil liability or violate any law;

You will only provide truthful, complete and accurate information;

You will not impersonate another person;

You will not harass, threaten, or abuse any other person when using this Site in any manner;

You will not access data not intended for you or log into a server or account that you are not authorized to access;

You will not attempt to probe, scan or test the vulnerability of Porto’s Bakery systems or network or breach the security or authentication measures without proper authorization;

You will not access this Site with any data extraction, scraping, mining, or other data gathering tools, or otherwise scrape, collect, store, or use any Content from this Site;

You will not interfere with or disrupt this Site, or servers or networks connected to this Site, or disobey any requirements, procedures, policies, or regulations of networks connected to this Site; and

You will not e-mail, transmit, or otherwise transfer to or through this Site any material or information that is obscene, or may be hateful or offensive on racial, ethnic, sexual, or any other grounds; is unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, distasteful, or otherwise objectionable; or is defamatory, libelous, or invades another person’s privacy or proprietary rights.

 

Modifications to this Site

We reserve the right, for any reason, in our sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of this Site, including, but not limited to, any Content on this Site, or any features and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of this Site or restrict your access to part, or all, of this Site without notice or penalty. We have the right to change these rules and/or limitations at any time, in our sole discretion.

Disclaimers

THIS SITE, AND ALL CONTENT AVAILABLE ON THIS SITE, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, Porto’s Bakery DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. Porto’s Bakery DOES NOT WARRANT THAT THIS SITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Applicable law may not allow the exclusion of implied warranties, so some or all of these disclaimers may not apply to you.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE LAW, UNDER NO CIRCUMSTANCES SHALL Porto’s Bakery (OR ANY OF ITS SUBSIDIARIES OR OTHER AFFILIATES) BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, OR INDIRECT DAMAGES, OR ANY LOST PROFITS OR LOST REVENUES, RESULTING FROM OR ARISING OUT OF YOUR ACCESS TO (OR INABILITY TO ACCESS) THIS SITE OR THE USE OF ANY CONTENT AVAILABLE HEREIN, EVEN IF Porto’s Bakery OR A Porto’s Bakery AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU ARE DISSATISFIED WITH THIS SITE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE YOUR USE OF THIS SITE. Applicable law may not allow some or all of this exclusion or limitation of liability for damages, so some of these exclusions or limitations may not apply to you.

Indemnity from You

YOU UNDERSTAND THAT YOU ARE PERSONALLY RESPONSIBLE FOR YOUR BEHAVIOR WHILE ON THIS SITE AND AGREE TO INDEMNIFY, SAVE HARMLESS AND DEFEND Porto’s Bakery, AND ITS SUBSIDIARIES AND OTHER AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUCCESSORS AND ASSIGNS, FROM AND AGAINST ANY AND ALL LOSSES, DAMAGES, LIABILITIES, COSTS, PENALTIES, FEES, OR OTHER EXPENSES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ACTUAL ATTORNEYS’ FEES) THAT Porto’s Bakery MAY INCUR IN CONNECTION WITH ANY THIRD PARTY CLAIM RELATED TO, ARISING OUT OF, OR IN CONNECTION WITH (DIRECTLY OR INDIRECTLY) YOUR USE OF THIS SITE OR ACCESS TO THIS SITE, OR YOUR VIOLATION OF THESE TERMS OF USE OR THE RIGHTS OF ANY THIRD PARTY IN CONNECTION WITH YOUR USE OF THIS SITE OR ACCESS TO THIS SITE.

Privacy Policy

Any information that Porto’s Bakery may obtain from you during your use of this Site is subject to our Privacy Policy, which is incorporated by this reference into these Terms of Use.

Governing Law

Any dispute, claim, or cause of action arising from these Terms of Use or any use of this Site (“Dispute”) shall be governed by and construed in accordance with the laws of the State of California, without giving effect or regard to any principles or doctrines of conflicts of law.

Dispute Resolution / Class Action Waiver

YOU SHOULD REVIEW THIS PROVISION CAREFULLY. TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU ARE GIVING UP YOUR RIGHT TO GO TO COURT TO ASSERT OR DEFEND YOUR RIGHTS EXCEPT FOR MATTERS THAT YOU FILE IN SMALL CLAIMS COURT IN THE STATE OR MUNICIPALITY OF YOUR RESIDENCE WITHIN THE JURISDICTIONAL LIMITS OF THE SMALL CLAIMS COURT AND AS LONG AS SUCH MATTER IS ONLY PENDING IN THAT COURT. YOUR RIGHTS WILL BE DETERMINED BY A NEUTRAL ARBITRATOR AND NOT A JUDGE OR JURY. YOU ARE ENTITLED TO A FAIR HEARING, BUT THE ARBITRATION PROCEDURES MAY BE SIMPLER AND MORE LIMITED THAN RULES APPLICABLE IN COURT. AN ARBITRATOR’S DECISION IS AS ENFORCEABLE AS ANY COURT ORDER AND IS SUBJECT TO VERY LIMITED REVIEW BY A COURT. YOU EXPRESSLY AGREE TO THIS PROVISION AS A CONDITION OF ACCESSING OR USING THIS SITE.

For any Dispute you have with Porto’s Bakery or these Terms of Use, you agree to first contact us at legal@portosbakery.com, and to attempt to resolve such Dispute with us informally. In the unlikely event that we are unable to resolve any Dispute you bring to our attention after sixty (60) days, and for any other Dispute we raise, you and Porto’s Bakery agree that, except where prohibited by law, all Disputes shall be resolved individually and exclusively by final and binding arbitration administered by the American Arbitration Association (“AAA”) and conducted before a single arbitrator, all pursuant to the AAA Commercial Arbitration Rules as supplemented by AAA’s Supplementary Procedures for Consumer-Related Disputes (collectively, the “AAA Rules”). For more information on the AAA, the AAA Rules, or the process for filing an arbitration claim, you may call the AAA at (800) 778-7879 or visit the AAA website at http://www.adr.org.

You and Porto’s Bakery agree to the following with respect to the arbitration of any Dispute hereunder: (a) ANY CLAIM MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING; (b) THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS, MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING, AND MAY NOT AWARD CLASS-WIDE RELIEF; (c) the arbitration will be held at a location in your hometown area unless you and we both agree to another location or telephonic arbitration; (d) in the event that you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, we will pay as much of your filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation; (e) we reserve the right, in our sole discretion, to assume responsibility for any or all of the costs of the arbitration; (f) the arbitrator will honor claims of privilege and privacy recognized at law; (g) the arbitration will be confidential, and neither you nor we may disclose the existence, content, or results of any arbitration, except as may be required by applicable law or for purposes of enforcement of the arbitration award; (h) the arbitrator may award any individual relief or individual remedies that are expressly permitted by applicable law; and (i) each party will pay its own attorneys’ fees and expenses, unless there is a statutory provision that requires the prevailing party to be paid its fees and litigation expenses and the arbitrator awards such attorneys’ fees and expenses to the prevailing party, and, in such instance, the fees and costs awarded will be determined by the applicable law. ANY RIGHT TO A TRIAL BY JURY, WHETHER ON AN INDIVIDUAL OR A CLASS BASIS, IS HEREBY WAIVED.

This provision will survive termination of these Terms of Use or your right to access or use this Site. With the exception of the subpart prohibiting arbitration on a class or collective basis, if any part of this arbitration provision is deemed to be invalid, unenforceable, or illegal, or otherwise conflicts with the AAA Rules, then the balance of this provision will remain in effect and will be construed in accordance with its terms as if the invalid, unenforceable, illegal, or conflicting part was not contained herein. If for any reason a claim proceeds in court rather than in arbitration, the Dispute will be exclusively brought in federal court if it has jurisdiction or, if it does not, in a state court located in the federal judicial district of your residence.

Claims

Any claim or cause of action you may have with respect to this Site, including without limitation your ability to access or use this Site, must be commenced within one (1) year after the claim or cause of action arose.

Notices

Notices to you may be made via either e-mail or regular mail. We may also provide notices of changes to these Terms of Use or other matters by displaying notices or links to notices to you on this Site.

General Terms

These Terms of Use constitute the entire agreement between you and Porto’s Bakery with respect to your access to or use of this Site, superseding any prior agreements between you and Porto’s Bakery.  You agree that no joint venture, partnership, employment, or agency relationship exists between Porto’s Bakery and you as a result of these Terms of Use or your use of this Site.

The failure of Porto’s Bakery to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.  If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Use remain in full force and effect.

You may not assign these Terms of Use or any of your rights or obligations under these Terms of Use without Porto’s Bakery express written consent.

These Terms of Use inure to the benefit of Porto’s Bakery successors, assigns and licensees.  The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

If any term or provision of these Terms of Use is declared unlawful, void, or for any reason unenforceable by any court in any jurisdiction, then such term or provision will be deemed severable from the remaining terms or provisions in such jurisdiction and will not affect the validity and enforceability of such remaining terms or provisions.