Terms Of Use

Welcome to the Love Pastry website located at www.LovePastry.com (the "Site"). The following Terms of use set forth the terms governing you use of the Site.

Please read the following Terms of Use carefully before you use the Site or submit any information to Love Pastry through the Site. Your use of the Site and/or your submission of any information to Love Pastry through the Site constitutes your agreement to be bound by these Terms of Use without limitation or qualification.

Love Pastry may modify these Terms of Use from time to time. Modifications shall be effective immediately upon being posted on the Site. You should read these Terms of Use whenever you visit the Site so that you are aware of any modifications. Your use of the Site after modifications have been posted constitutes your agreement to be bound by the Terms of Use as modified. If you are not willing to be bound by the Terms of Use, do not use the Site and do not submit any information to Love Pastry through the Site.

Please see our full Privacy Policy for information regarding our privacy practices.

Restrictions on Use of Site

You may view the Site and download and/or print content from the Site solely for your non-commercial use. Except as expressly permitted by the foregoing sentence, you may not reproduce, redistribute, publish or otherwise use by electronic or any other means any Site content without Love Pastry’s prior written consent.

Ownership

All of the content on this Site, including without limitation, all text, images, graphics, designs, photographs, illustrations, video clips, sounds and software code, is copyrighted work of Love Pastry or others and your use of all such content is subject to the restrictions set forth above. LOVE PASTRY is a registered trademark owned by Run Athlitcs International LLC and may not be used or displayed without the prior written consent of Run Athletics International LLC. Other trademarks, service marks and company names and logos appearing on the Site are the property of Run Athletics International LLC, its affiliates or their respective owners that have granted the Site the right to use such intellectual property. No right, title or interest in any Site content or in any trademarks, service marks or company names and logos appearing on the Site is transferred to you as a result of your use of the Site.

Site Directed at United States Visitors

The Site is targeted at and intended for visitors residing in the United States. Given the global nature of the Internet, however, the Site may be accessed by visitors residing outside of the United States. We make no representations or warranties that the Site is appropriate or available for use in countries outside of the United States. Visitors who choose to access the Site from outside of the United States do so at their own initiative and are responsible for compliance with any and all local laws and regulations that may apply to such access.

Product Information

Love Pastry merchandise displayed on the Site is available in select Love Pastry stores or department stores in the United States while supplies last. In some cases, merchandise displayed on the Site may not be available in stores. The actual colors of the products displayed on the Site will depend on settings of your monitor, and we cannot guarantee that your monitor’s display of any color will be accurate.

Links to Third Party Sites

To provide you with access to related sites, our site may contain links to third party websites. By linking to such sites, you agree to review and agree to such third party website’s terms of use and privacy policies before using such website. Love Pastry is not responsible for the privacy practices or the content of any of such third party websites. Love Pastry is not affiliated with, and does not endorse or sponsor, any such third party website or any product or service of any such third party.

Termination

Love Pastry may terminate your access, or suspend any user’s access to all or part of the Site without notice or recourse, for any conduct that Love Pastry, in its sole discretion, believes is in violation of any applicable law or is harmful to the interests of another user, a third-party provider, a service provider, or Love Pastry

Disclaimer of Warranties

YOU EXPRESSLY UNDERSTAND AND AGREE THAT:

(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS” AND "AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, LOVE PASTRY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

(b) LOVE PASTRY DOES NOT WARRANT OR REPRESENT THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION, OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE NEW SITE WILL MEET YOUR EXPECTATIONS, (v) THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, AND (vi) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.

(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. YOU (AND NOT LOVE PASTRY OR ANY OF ITS AFFILIATES OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SUPPLIERS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Limitation of Liability

IN NO EVENT SHALL LOVE PASTRY OR ANY OTHER PARTY INVOLVED IN CREATING OR MAINTAINING THE SITE OR ANY OF ITS CONTENTS BE LIABLE FOR ANY DAMAGES (INCLUDING, WITHOUT LIMITATION, DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, INDIRECT OR PUNITIVE DAMAGES, OR DAMAGES RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE OF OR INABILITY TO ACCESS OR USE THE SITE, INCLUDING WITHOUT LIMITATION DAMAGES TO YOUR COMPUTER EQUIPMENT.

BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.

Waiver of Jury Trial

THE PARTIES HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.

Injunctive Relief

You acknowledge that any use of the Site except as expressly permitted by these Terms of Use without the prior written permission of Love Pastry will cause irreparable injury for which monetary damages would not be sufficient and you consent to entry of immediate and permanent injunctive relief with respect to such unauthorized use.

Indemnification

You agree to indemnify, defend and hold harmless Love Pastry, and all of its subsidiary and affiliated entities, our and their officers, directors, members, agents, employees, consultants, freelancers, independent contractors and representatives to the fullest extent permitted by law from and against any and all actions, proceedings, arbitrations or investigations or threats thereof, losses, expenses, damages, costs and expenses (including reasonable fees, disbursements, and other charges of counsel), resulting from any violation by you of these Terms of Use.

General Information

These Terms of Use and the Privacy Policy constitute the entire agreement and understanding between you and Love Pastry, superseding any prior agreements and understandings, and govern your use of the Site. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. Our failure to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the 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 the Terms of Use remain in full force and effect.

Applicable Law

These Terms of Use will be governed by and construed in accordance with the laws of the State of New York, without regard to any principles of conflicts of law. You agree that any action at law or in equity that arises out of or relates to any use of the Site will be filed only in the state or federal courts located in New York County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action.