Code of Conduct. While using the Services you agree not to:
- Restrict or inhibit any other visitor or member from using the Services, including, without limitation, by means of “hacking” or “cracking” or defacing any portion of any of the Services;
- Use the Services for any unlawful purpose; Express or imply that any statements you make are endorsed by us, without our prior written consent; Transmit (a) any content or information that is unlawful, fraudulent, threatening, harassing, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes on our or any third party’s intellectual property or other rights; (b) any material, non‑public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us); Engage in spamming or flooding; Transmit any software or other materials that contain any virus, worm, time bomb, Trojan horse, or other harmful or disruptive component; Modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Services; Remove any copyright, trademark, or other proprietary rights notices contained in the Services; “Frame”, “mirror” or link to any part of the Services without our prior written authorization; Use any robot, spider, Services search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Services or its content; Harvest or collect information about the Service’s visitors or members without their express consent; copy, download or rebroadcast any video files made available as part of the Services or permit anyone else not residing in Subscriber’s household to use any of the Services through your subscription, username or password.
While using the Services you agree to comply with all applicable laws, rules and regulations.
Submissions. Please note that, because we receive many emails and suggestions from our members, and sometimes redistribute materials you give us, we need to obtain certain rights in those materials. By sending or transmitting to us creative suggestions, ideas, notes, concepts, information, or other materials (collectively, “Materials”), you grant us and our designees a worldwide, non‑exclusive, sublicensable (through multiple tiers), assignable, royalty‑free, perpetual, irrevocable right to use, reproduce, distribute (through multiple tiers), create derivative works of, publicly perform, publicly display, digitally perform, make, have made, sell, offer for sale and import such Materials in any media now known or hereafter developed, for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Materials. None of the Materials disclosed shall be subject to any obligation, whether of confidentiality, attribution, or otherwise, on our part and we shall not be liable for any use or disclosure of any Materials.
Services and Tools. Your use of certain Services may be governed by additional rules, which are available on BrecherTrading.com or by hyperlink from other Sites, in connection with the service. By using any service you are acknowledging that you have reviewed all corresponding rules and agree to be bound by them. Some of the Services may have been provided by third parties for your use. You expressly acknowledge and agree that your use of all Services is solely at your risk.
Claims of Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material hosted by Artisan Bread and More infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter‑notice. Notices and counter‑notices must meet the then‑current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter‑notices with respect to the Services should be sent via electronic mail to firstname.lastname@example.org . We suggest that you consult your legal advisor before filing a notice or counter‑notice. Also, be aware that there can be penalties for false claims under the DMCA.
Ownership and Restrictions on Use. The Services are owned and operated by us in conjunction with others pursuant to contractual arrangements. You may only access and use the materials on the Services, and download and/or print out only one copy of any materials on the Services, solely for your personal use. You may not republish, upload, post, transmit or distribute materials from the Services in any way, without our prior written permission. Modification of the materials or use of the materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Services.
Artisan Bread and More is a trademark and/or service mark of Artisan Bread and More All other trademarks, service marks, and logos used by Artisan Bread and More are the trademarks, service marks, or logos of their respective owners.
Jurisdictional Issues. The Services are solely directed to individuals residing in the United States. We make no representation that materials in the Services are appropriate or available for use in other locations. Those who choose to access the Services from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws. We reserve the right to limit the availability of the Services and/or the provision of any service or product described thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantity or type of any such service or product that we provide.
Links to Other Websites. Artisan Bread and More.com may contain links to other Internet websites or resources. We neither control nor endorse such other website, nor have we reviewed or approved any content that appears on such other website.
You acknowledge and agree that we shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, Services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Disclaimers. The Services, the materials provided by the Services, and any product or service obtained or accessed through the Services are provided “as is” and without representations or warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Artisan Bread and More and its officers, employees, contractors, suppliers, advertisers, and agents disclaim all warranties, express, implied or statutory, including, but not limited to, implied warranties of title, non‑infringement, merchantability, and fitness for a particular purpose. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. Artisan Bread and More and its officers, employees, contractors, suppliers, agents and sponsors do not warrant that your use of the Services will be uninterrupted, error‑free, or secure, that defects will be corrected, or that the Services or the server on which BrecherTrading.com, and its affiliated sites, are hosted are free of viruses or other harmful components. You acknowledge that you are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed to access and use the Services, and all charges related thereto. You assume total responsibility and risk for your use of the Services and your reliance thereon. No opinion, advice, or statement of Artisan Bread and More or its officers, employees, contractors, suppliers, agents, Subscribers, or visitors, whether made through the Services or otherwise, shall create any warranty. Your use of the Services and any materials provided by the Services are entirely at your own risk.
You acknowledge that the internet and email are not 100% reliable. There may be times where you do not receive an electronic communication from Artisan Bread and More. You agree that any electronic communication is provided as a convenience and that the primary source of the Services is the Artisan Bread and More website. You agree that it is your responsibility, if you do not receive any expected electronic communication, to check any spam filters or folders and to access any Artisan Bread and More information on the Artisan Bread and More website, www.BrecherTrading.com, and use your assigned username and password. Artisan Bread and More is not responsible for your failure to receive any specific electronic communication, access the website or view any videos published on the website.
A possibility exists that the Services could include inaccuracies or errors, or materials that violate these Terms of Service (specifically, the Code of Conduct above). Additionally, a possibility exists that unauthorized alterations could be made by third parties to the Services. Although we attempt to ensure the integrity of the Services, we make no guarantees as to the Services’ completeness or correctness. In the event that such a situation arises, please contact us via electronic mail to email@example.com with, if possible, a description of the material to be checked and the location (URL) where such material can be found, as well as information sufficient to enable us to contact you. We will try to address your concerns as soon as reasonably practicable. For copyright infringement claims, see the section on “Claims of Copyright Infringement” above.
Limitation of Liability. Neither Artisan Bread and More nor its employees, officers, contractors, suppliers, advertisers, affiliates, or agents or sponsors are responsible or liable for any direct, indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, strict liability or other theory arising out of or relating in any way to the Services and/or content contained on the Services, or any product or service purchased through the Services.
Your sole remedy for dissatisfaction with the Services and/or content contained within the Services is to stop using the Services. The sole and exclusive maximum liability for all damages, losses, and any causes of action whether in contract, tort (including, without limitation, negligence), or otherwise shall be the then-current monthly subscription fee charged to access the Services at the time of initiation of any dispute.
Indemnification. You agree to indemnify, defend and hold us, our officers, directors, employees, agents, contractors, suppliers and representatives harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees), or other expenses that arise directly or indirectly out of or from (a) any breach of this Agreement, including any violation of the Code of Conduct above; (b) any allegation that any materials that you submit to us or transmit to the Services infringe or otherwise violate the copyright, trademark, trade secret or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Services; any damages or losses arising from an external hack of our services or any payment information.
Arbitration. Any controversy or claim, other than an action for injunction which shall solely be brought in a Federal or State court located in Palm Beach County, Florida, arising out of or relating to this contract, or the breach thereof, the content of the Services or the use of any information obtained from Artisan Bread and More regardless of the medium of transmission, shall be settled by arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, in front of one arbitrator, and judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Any such arbitration shall take place in Palm Beach County, Florida. You agree that the prevailing party in an arbitration between you and Artisan Bread and More shall be entitled to reimbursement of reasonable attorneys’ fees and costs and that the arbitrator shall include an amount of attorneys’ fees and costs in the award. Subscriber waives any and all rights to initiate an arbitration as a collective, class or other group action against Artisan Bread and More. Subscriber agrees that any action brought against Artisan Bread and More shall be solely in Subscriber’s name and on Subscriber’s behalf.
Miscellaneous. This Agreement is governed by and construed in accordance with the laws of the State of Florida, United States of America, without regards to its principles of conflicts of law. You agree to the personal jurisdiction of the federal and state courts located in Palm Beach County, Florida, United States of America, and waive any jurisdictional, venue, or inconvenient forum objections to such courts for any dispute not otherwise governed by the agreement to arbitrate contained herein. If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions. This Agreement is not assignable, transferable or sublicensable by you except with our prior written consent. You agree that the prevailing party in any court proceeding shall be entitled to an award of reasonable attorneys’ fees and costs.
No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. This, together with all of Artisan Bread and More’s policies referred to herein, constitutes the entire Agreement between us relating to the subject matter herein and supersedes and any all prior or contemporaneous written or oral Agreements between us.
Legal Notices. Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
Pricing Information: Current rates for our Services may be obtained via electronic mail at firstname.lastname@example.org. We reserve the right to change fees, surcharges, monthly or other periodic subscription fees or to institute new fees at any time as provided in this Agreement.
Complaints should be directed to: email@example.com.
By creating an Account on our service, you agree to subscribe to newsletters, marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.
If you wish to purchase any product or service made available through the Service (“Purchase”), you may be asked to supply certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that: (i) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (ii) the information you supply to us is true, correct and complete.
We reserve the right to refuse or cancel your order at any time for reasons including but not limited to: product or service availability, errors in the description or price of the product or service, error in your order or other reasons.
We reserve the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating product and service offerings on the Service. We may experience delays in updating information on the Service and in our advertising on other web sites. The information found on the Service may contain errors or inaccuracies and may not be complete or current. Products or services may be mispriced, described inaccurately, or unavailable on the Service and we cannot guarantee the accuracy or completeness of any information found on the Service.
We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Our Service allows you to post, link, store, share and otherwise make available certain information, text, graphics, videos, or other material (“Content”). You are responsible for the Content that you post on or through the Service, including its legality, reliability, and appropriateness.
By posting Content on or through the Service, You represent and warrant that: (i) the Content is yours (you own it) and/or you have the right to use it and the right to grant us the rights and license as provided in these Terms, and (ii) that the posting of your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person or entity. We reserve the right to terminate the account of anyone found to be infringing on a copyright.
You retain any and all of your rights to any Content you submit, post or display on or through the Service and you are responsible for protecting those rights. We take no responsibility and assume no liability for Content you or any third party posts on or through the Service. However, by posting Content using the Service you grant us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service.
Artisan Bread and More has the right but not the obligation to monitor and edit all Content provided by users.
In addition, Content found on or through this Service are the property of Artisan Bread and More or used with permission. You may not distribute, modify, transmit, reuse, download, repost, copy, or use said Content, whether in whole or in part, for commercial purposes or for personal gain, without express advance written permission from us.
When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Service.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Service or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you, without appropriate authorization. You may not use as a username any name that is offensive, vulgar or obscene.
We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion.
The Service and its original content (excluding Content provided by users), features and functionality are and will remain the exclusive property of Artisan Bread and More and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of Artisan Bread and More.
Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by Artisan Bread and More.
Artisan Bread and More has no control over, and assumes no responsibility for the content, privacy policies, or practices of any third party web sites or services. We do not warrant the offerings of any of these entities/individuals or their websites.
You acknowledge and agree that Artisan Bread and More 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 use of or reliance on any such content, goods or services available on or through any such third party web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third party web sites or services that you visit.
You agree to defend, indemnify and hold harmless Artisan Bread and More and its licensee and licensors, and their employees, contractors, agents, officers and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) Content posted on the Service.
Limitation Of Liability
In no event shall Artisan Bread and More, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (i) your access to or use of or inability to access or use the Service; (ii) any conduct or content of any third party on the Service; (iii) any content obtained from the Service; and (iv) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
Artisan Bread and More its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; c) the Service is free of viruses or other harmful components; or d) the results of using the Service will meet your requirements.
Some jurisdictions do not allow the exclusion of certain warranties or the exclusion or limitation of liability for consequential or incidental damages, so the limitations above may not apply to you.
These Terms shall be governed and construed in accordance with the laws of Florida, United States, without regard to its conflict of law provisions.
Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have had between us regarding the Service.