Customer Service

Customer Service

Shipping & Delivery

Orders are typically processed within 24-48 hours of being placed on lovepastry.com. Orders placed after 12pm Eastern time, or on weekends or holidays, will not be processed until the next business day. 

Prior to checkout, while viewing your cart you will be offered the opportunity to enter a destination zip code to determine available shipping methods and charges. During checkout you will also be allowed to choose your desired shipping method. 

Standard: 5-7 days 

Expedited: 2-4 days 

Priority: 1-3 days

Privacy & Security

Pastry is a division of Eric McCrite Company. Eric McCrite Company and its subsidiaries and affiliates are committed to protecting your privacy. This Privacy Policy sets out the Lovepastry.com policy with respect to our collection, use and disclosure of personal information.

Contact Us

Pastry welcomes your comments regarding this Privacy Policy. If you believe that we have not adhered to this Policy or if you wish to review or edit your personal information, please contact us via e-mail at customerservice@lovepastry.com; attn: webmaster and we will use reasonable commercial efforts to address any concerns that you may have.

Ordering

When on the home page, click on a category of choice. Browse the product list then click on your desired style in the color of your choice. Choose a size and quantity. Then click “Add to Bag” to continue shopping. If you are ready to checkout select “Buy it Now.”

Viewing Orders

Sign into your account by clicking on the profile icon in the top right corner of the site. Log in with your email address and password. Once signed in, your order history will appear on the right hand side. Click on an order number to view information regarding products ordered, shipping address, tracking number and more. Visit your order history here.

Collection of Personal Information

In your dealings with Lovepastry.com you may provide Pastry with personal information. Personal information for the purposes of this Privacy Policy means information that can be used to personally identify you or is associated with any such information, but does not include the name, title or business address or telephone number of an employee of an organization.

Cookie Use

A cookie, also known as an HTTP cookie, web cookie, or browser cookie, is a small piece of data sent from a website and stored in a user's web browser while a user is browsing a website. We use cookies to maintain session state and the use of cookies is fundamental to the operation of our website site. Our use of cookies is to enable us to relate your use of this site to information that you have specifically and knowingly provided; we do not store personal information within the cookie. If you have set your browser to warn you before accepting cookies, you should receive a warning message with each cookie. You may refuse cookies by turning them off in your browser, however you should be aware that our site, like most other popular sites, may not work properly with "cookies disabled".

Use and Disclosure of Personal Information

Except as part of the sale of all or substantially all of the assets of Pastry, Pastry will not sell, trade or rent your personal information to any third party. We may share your information with other divisions of Eric McCrite Company. We will only use and/or disclose personal information in order to:

  1. understand and meet your needs and preferences;
  2. develop new and enhance existing service and product offerings;
  3. manage and develop our business and operations; and
  4. meet legal and regulatory requirements.

We also reserve the right to use, disclose, sell, trade or rent data aggregated provided that the data is not linked to any specific individual. Except where we are required by law to disclose personal information, we will require any person to whom we provide your personal information to agree to comply with our then current Privacy Policy. We will take reasonable commercial efforts to ensure that they comply with our Privacy Policy, however we will have no liability to you if any person fails to do so.

Our site has security measures in place to protect against the loss, misuse and unauthorized alteration of the information under our control. More specifically, our server uses SSL (Secure Sockets Layer) security protection by encrypting all of your personal information including credit card number, name and address to prevent individuals from reading this information as it travels over the Internet.

Children Under the Age of 13

Our Website is not intended for children under 13 years of age. No one under age 13 may provide any information to us via any means. We do not knowingly collect personal information from children under 13. If you are under 13, do not use or provide any information via the Website, the Apps or through the Services, make any purchases using the Website, the Apps or the Services, use any of the interactive or public comment features of the Website, the Apps or the Services or provide any information about yourself to us, including your name, address, telephone number, e-mail address or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 13 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 13, please contact our Customer Service department at 1.855.5.Pastry (72-7879) or customerservice@lovepastry.com.

Accessing & Updating Your Personal Information & Preferences

If you are a registered user at Lovepastry.com, you may access and update your registration information and your communication preferences under My Account or by contacting us via email at customerservice@lovepastry.com. Any user who receives an email communication from the Site may choose not to receive such communications in the future by following the instructions in the email communication to unsubscribe. We will take commercially reasonable steps to implement your opt-out requests promptly, but you may still receive communications from us for up to ten business days as we process your request.

Changes to this Policy

Pastry will occasionally update this Privacy Policy to reflect company and customer feedback or changes to privacy legislation. We encourage you to periodically review this Privacy Policy to be informed of how Pastry is protecting your personal information.

Information We Collect About You & How we Collect It

We collect several types of information from and about users of Pastry, including information:

  • by which you may be personally identified, such as name, postal address, e-mail address, telephone number or other similar such information ("personal information");
  • that is about you but individually does not identify you; and/or
  • about your internet connection, the equipment you use to access our Services and usage details.

We collect this information:

  • Directly from you when you provide it to us.
  • Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses and information collected through cookies, web beacons, and other tracking technologies.
  • From third parties, for example, our business partners.

Information You Provide to Us

The information we collect on or through Pastry may include:

  • Information that you provide by filling in forms on Pastry. This includes information provided at the time of registering to use Pastry. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with Pastry.
  • Records and copies of your correspondence (including e-mail addresses), if you contact us.
  • Your responses to surveys that we might ask you to complete for research purposes.
  • Details of transactions you carry out using Pastry and of the fulfillment of your orders. You may be required to provide financial information before consummating a transaction using Pastry.
  • Your search queries on Pastry.

Information We Collect Through Automatic Data Collection Technologies.

As you navigate through and interact with our Services, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions and patterns, including:

  • Details of your visits to Pastry, including traffic data, location data, logs and other communication data and the resources that you access and use as you use Pastry.
  • Information about your computer and internet connection, including your IP address, operating system and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). The information we collect automatically is statistical data and may include personal information, or we may maintain it or associate it with personal information we collect in other ways or receive from third parties. It helps us to improve Pastry and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.
  • Store information about your preferences, allowing us to customize our Services according to your individual interests.
  • Speed up your searches.
  • Recognize you when you return to Pastry.

The technologies we use for this automatic data collection may include:

  • Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of Pastry. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to Pastry.
  • Flash Cookies. Certain features of Pastry may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from and on Pastry. Flash cookies are not managed by the same browser settings as are used for browser cookies.
  • Web Beacons. Pages of our Pastry and our e-mails may contain small electronic files known as web beacons (also referred to as clear gifs. pixel tags and single-pixel gifs) that permit us, for example, to count users who have visited those pages or opened an e-mail and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

Third-party Use of Cookies and Other Tracking Technologies.

Some content or applications, including advertisements, on Pastry may be served by third-parties, including advertisers, ad networks and servers, content providers and application providers. These third parties may use cookies alone or in conjunction with web beacons or other tracking technologies to collect information about you when you use Pastry. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.

We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly.

How We Use Your Information 

We use information that we collect about you or that you provide to us, including any personal information:

  • To present Pastry to you.
  • To provide you with information, products or services that you request from us.
  • To fulfill any other purpose for which you provide it.
  • To provide you with notices about your account, including expiration and renewal notices.
  • To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
  • To notify you about changes to our Services.
  • To allow you to participate in interactive features on Pastry.
  • In any other way we may describe when you provide the information.
  • For any other purpose with your consent.

We may also use your information to contact you about our own, other Eric McCrite Company brands and/or third-parties' goods and services that may be of interest to you.

We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

Disclosure of Your Information

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction. We may disclose personal information that we collect or you provide as described in this privacy policy:

  • To our subsidiaries and affiliates.
  • To contractors, service providers and other third parties we use to support our business.
  • To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution or other sale or transfer of some or all of Pastry's assets, whether as a going concern or as part of bankruptcy, liquidation or similar proceeding, in which personal information held by us about our users is among the assets transferred.
  • To third parties to market their products or services to you if you have consented to or otherwise not opted out of these disclosures.
  • To fulfill the purpose for which you provide it.
  • For any other purpose disclosed by us when you provide the information.
  • With your consent.

We may also disclose your personal information:

  • To comply with any court order, law or legal process, including to respond to any government or regulatory request.
  • To enforce or apply our Terms of Use and other agreements, including for billing and collection purposes.
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of us, our customers or others.

Choices About How We Use and Disclose Your Information

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

  • Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. To learn how you can manage your Flash cookie settings, visit the Flash player settings page on Adobe's website. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
  • Changing Your Personal Information Access. You can always opt-out by logging into Pastry and adjusting your user preferences in your account profile by checking or unchecking the relevant boxes, opting out of our marketing communications located at the bottom of our emails, or by sending us an e-mail stating your request to customerservice@lovepastry.com.
  • Promotional Offers and Sweepstakes from the Company. If you do not wish to have your e-mail address or other contact information used by us to promote our own or third parties' products or services, you can opt-out at time of sign up by unchecking the box on the sign up form, or by sending an email stating your request to customerservice@lovepastry.com.

Accessing and Correcting Your Information

You can review and change your personal information by logging into Pastry and visiting your account profile page, if you have created an account on Pastry.com.

You may also send us an e-mail at customerservice@lovepastry.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

Your California Privacy Rights

California Civil Code Section 1798.83 permits users of Pastry that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an e-mail to customerservice@lovepastry.com.

Posted on August 26, 2019. All Right Reserved.

Updating Account Information

To change your account information, click on “Login”. Once you enter your login information you will be brought to your account page, which has a sidebar menu to the left of the screen under the heading “MY ACCOUNT”.  Go to My Account

To change your billing or shipping address click on “Add/Edit Addresses". To unsubscribe from our newsletter, click on “My Email preferences” in the sidebar menu where you will have the option to unsubscribe.

Terms & Conditions

This User Agreement governs all use of lovepastry.com and its affiliated websites (together “lovepastry.com” or the “Site”). As used in this User Agreement, “you” and “your” refers to the user of lovepastry.com, and, if you are under eighteen (18) years of age, “you” and “your” includes your parents or legal guardian. “We”, “us” and “our” refers to Eric McCrite Company. 

Lovepastry.com is offered exclusively subject to your acceptance without modification of all the terms and conditions contained herein and all other operating rules, policies (including, without limitation, our Privacy Policy) and procedures that may be published from time to time on lovepastry.com. By accessing or using any part of the lovepastry.com website you agree to become bound by the terms and conditions of this Agreement, whether or not you are a registered group member at lovepastry.com.

We may, in our sole discretion, modify, add, delete or otherwise change the provisions of this User Agreement from time to time. When we make changes to this User Agreement, we will notify users of the changes and ask for agreement at that time. If you do not agree to the amended User Agreement, you may not continue to use lovepastry.com. It is your responsibility to regularly check the lovepastry.com website to determine if there have been changes to this User Agreement. Membership on lovepastry.com is void where prohibited.

Eligibility

lovepastry.com is intended for adults and young adults.

Young Adults - Users who are thirteen (13) years of age or older and below eighteen (18) years of age are permitted to use or access lovepastry.com only with the consent of their parents or guardians and represent and warrant that their access is with parental consent.

Children- Users who are under thirteen (13) years of age are not permitted to use or access lovepastry.com.

Registration Data; Account Security

In consideration of your use of the Site, you agree to (a) provide accurate, current and complete information about you as may be prompted by any registration forms on the Site ("Registration Data"); (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data, and any other information you provide to Company, to keep it accurate, current and complete; and (d) be fully responsible for all use of your account and for any actions that take place using your account.

Ownership of Intellectual Property and Restrictions on Use of Materials

Unless otherwise noted, all content on lovepastry.com, including, without limitation, software, designs, texts, images, photographs, illustrations, audio clips, video clips, artwork, graphic material, animation, and other copyrightable elements, and the selection and arrangements thereof, and all trademarks, service marks, trade names, trade dress and patents, are the property of the Company and/or affiliated companies, third party licensors and/or other respective owners including but not limited to other users  are protected, without limitation, by U.S., Canadian and other foreign copyright, trademark and patent laws. For purposes of this Agreement, the use of any Site Content on any other website or networked computer environment is prohibited. You are hereby granted a limited, non-exclusive, non-transferable license to copy and display the Site Content for non-commercial purposes only on your own computer, provided that this license is limited to the display of the Site Content in their entirety, including but not limited to visual elements such as advertisements that adjoin content. Any other use of the Site Content is expressly prohibited. Any attempts to access the Site Content in a manner that obscures or blocks such adjoining visual elements is a violation of the license granted hereunder. You may not make any modifications to any Site Content. The software and other technology components of the Site Content are the exclusive property of Auspient, Inc. and/or its affiliates and/or suppliers, copyright © Auspient, Inc.

Trademarks

Unless otherwise noted, Pastry®, lovepastry.com and all of the graphics, logos, designs, page headers, button icons, scripts and service names shown on lovepastry.com are the registered trademarks, trademarks or trade dress of Run Athletics International, LLC and may not be used, including as part of trademarks and/or as part of domain names, in connection with any product or service in any manner that is likely to cause confusion and may not be copied, imitated or used, in whole or in part, without the prior written permission of the Company.

User Posted/User-Generated Content

We may from time to time permit users to pose their own original content to lovepastry.com. You are solely responsible for the, messages, notes, text, information, links, and other content that you upload, publish or display (hereinafter, "post") on or through lovepastry.com, or transmit to or share with other users (collectively the "User Content"). Your name and biographical information, as appearing in User Content, shall be User Content for the purposes of this Agreement, including all licenses granted herein. You may not post, transmit, or share User Content on lovepastry.com that you did not create or that you do not have permission to post. You understand and agree that the Company may, but is not obligated to, review lovepastry.com and may delete or remove (without notice) any User Content in its sole discretion, for any reason or no reason, including User Content that in the sole judgment of the Company Music Theatre International violates this Agreement or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of users or others. You are solely responsible at your sole cost and expense for creating backup copies and replacing any User Content you post or store on lovepastry.com.
When you post User Content to lovepastry.com, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting and storage of the User Content on lovepastry.com. For young adult users and users who are eighteen (18) years of age and over, by posting User Content to any part of lovepastry.com, you automatically grant, and you represent and warrant that you have the right to grant, to the Company an irrevocable, perpetual, non-exclusive, transferable, fully paid, sub-licensable worldwide license to use, copy, publicly perform, publicly display, reformat, translate, excerpt (in whole or in part) and distribute such User Content for any purpose, commercial, sponsorship, or otherwise, to prepare derivative works of, or incorporate into other works, such User Content. You acknowledge that the Company may retain archived copies of your User Content. the Company does not assert any ownership over your User Content; rather, as between us and you, subject to the rights granted to us in these Terms, you retain full ownership of all of your User Content and any intellectual property rights or other proprietary rights associated with your User Content.
WE DO NOT PRE-SCREEN OR APPROVE USER POSTS, AND CANNOT GUARANTEE THAT A USER POST WAS ACTUALLY CREATED BY THE INDIVIDUAL THAT IS THE SUBJECT OF A USER POST. WE ARE NOT RESPONSIBLE FOR THE CONTENT OF ANY USER POST, OR ANY TRANSACTIONS ENTERED INTO OR OTHER ACTIONS TAKEN ON OR IN CONNECTION WITH ANY SUCH POST, INCLUDING HOW THE OWNER OF THE USER POST COLLECTS, HANDLES, USES AND / OR SHARES ANY PERSONAL INFORMATION IT MAY COLLECT FROM USERS (PLEASE REVIEW THE LOVEPASTRY.COM PRIVACY POLICY IF YOU HAVE ANY QUESTIONS OR CONCERNS REGARDING THE USE OR SHARING OF YOUR PERSONAL INFORMATION). YOU SHOULD BE CAREFUL BEFORE PROVIDING ANY PERSONAL INFORMATION TO OR ENTERING INTO ANY TRANSACTION IN CONNECTION WITH A USER POST.

Using lovepastry.com

Lovepastry.com is provided by the Company and is intended to be used in a safe and enjoyable fashion. Users of lovepastry.com must not:

The Company expressly reserves the right, which shall be exercised in its sole discretion, to remove any user from lovepastry.com and/or freeze the account(s) of any user who contravenes any of the provisions of the User Agreement, including but not limited to the provisions of this section entitled “Using lovepastry.com”.

Security

You are entirely responsible for maintaining the confidentiality of your username and password. Take note that no one at lovepastry.com or at the Company will ever ask you to disclose your personally identifying information for any reason, other than through the login and/or purchase process.

You are entirely responsible for all activities that occur under your account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. We will not be liable for any loss or damage arising from your failure to comply with this section. You may be required to change your password from time to time.

Privacy

Your privacy is important to us. We have a separate privacy policy about how we treat your information. To view our Privacy Policy, please click the Privacy Policy link.

Copyright Complaints

We respect the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on lovepastry.com any materials that violate another party's intellectual property rights. When we receive proper Notification of Alleged Copyright Infringement as described in our Copyright Policy, we promptly remove or disable access to the allegedly infringing material and terminate the accounts of repeat infringers as described herein in accordance with the Digital Millennium Copyright Act. If you believe that any material on the Site infringes any copyright which you own or control, you may send a written notification of such infringement to our Designated Agent. Please see our Copyright Policy for more information on how to report infringement of your copyright.

Repeat Infringer Policy

In accordance with the Digital Millennium Copyright Act (DMCA) and other applicable law, the Company has adopted a policy of terminating, in appropriate circumstances and at our sole discretion, members who are deemed to be repeat infringers. The Company may also at its sole discretion limit access to lovepastry.com and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

Third Party Websites and Content

Lovepastry.com contains (or you may learn through the Site) of links to other web sites ("Third Party Sites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software and other content or items belonging to or originating from third parties (the "Third Party Applications, Software or Content"). Such Third Party Sites and Third Party Applications, Software or Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Site or any Third Party Applications, Software or Content posted on, available through or installed from lovepastry.com, including the content, accuracy, offensiveness, opinions, reliability, privacy practices or other policies of or contained in the Third Party Sites or the Third Party Applications, Software or Content. Inclusion of, linking to or permitting the use or installation of any Third Party Site or any Third Party Applications, Software or Content does not imply approval or endorsement thereof by us. If you decide to leave lovepastry.com and access the Third Party Sites or to use or install any Third Party Applications, Software or Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site or relating to any applications you use or install from the site.

User Disputes

You are solely responsible for your interactions with lovepastry.com users. We reserve the right, but have no obligation, to monitor disputes between you and other users.

Disclaimer

THIS SITE AND ALL MATERIALS CONTAINED ON IT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS ON THIS SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS OR THE SERVERS THAT MAKE SUCH MATERIALS AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE ARE NOT RESPONSIBLE OR LIABLE FOR ANY INFECTIONS OR CONTAMINATIONS OF YOUR SYSTEM, OR DELAYS, INACCURACIES, ERRORS, OR OMISSIONS ARISING OUT OF YOUR USE OF THIS SITE. WE DO NOT WARRANT OR REPRESENT THAT LOVEPASTRY.COM WILL BE AVAILABLE 24 HOURS A DAY 7 DAYS A WEEK. WE ARE NOT LIABLE TO YOU FOR ANY MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE SITE. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE RESULTS OF THE MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE ENTIRE RISK AS TO THE QUALITY, ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS AND VALIDITY OF ANY MATERIALS RESTS WITH YOU AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION. WE FURTHER RESERVE THE RIGHT, SOLELY IN OUR DISCRETION, TO MODIFY AND/OR DISCONTINUE LOVEPASTRY.COM AT ANY TIME WITHOUT NOTICE, AND TO TERMINATE YOUR USERNAME, PASSWORD AND ACCOUNT, SHOULD YOU BE IN VIOLATION OF THIS USER AGREEMENT.

 YOU UNDERSTAND AND AGREE THAT THE SUBMISSION OF ANY DIGITAL CONTENT OR FILM IMAGE TO LOVEPASTRY.COM, AND THE DOWNLOAD OR UPLOAD OF ANY MATERIAL THROUGH THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY LOSS OR DAMAGE TO YOUR CONTENT OR IMAGE OR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY RESULT IN THE DOWNLOAD OR UPLOAD OF ANY MATERIAL. YOU ARE SOLELY RESPONSIBLE FOR CREATING BACK-UPS OF YOUR DIGITAL CONTENT.

EXCEPT AS EXPRESSLY PROVIDED IN THE PRECEDING PARAGRAPH, TO THE FULLEST EXTENT ALLOWED BY LAW, WE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY AND PUNITIVE DAMAGES ARISING OUT OF (I) THE USE OF OR INABILITY TO USE LOVEPASTRY.COM'S SITE OR THE SERVICE, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE OR THE SERVICE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR (V) ANY OTHER MATTER RELATING TO THE SITE OR THE SERVICE OR PRODUCTS OFFERED ON THE SITE, EVEN IF LOVEPASTRY.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING DISCLAIMERS, WAIVERS AND LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, LOVEPASTRY.COM'S LIABILITY IS LIMITED AND WARRANTIES ARE EXCLUDED TO THE GREATEST EXTENT PERMITTED BY LAW, BUT SHALL IN NO EVENT EXCEED $100.00

Indemnity

YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD RUN ATHLETICS INTERNATIONAL, LLC, GENERATION FOOTWEAR, INC., AUSPIENT, INC., THEIR AFFILIATED AND SUBSIDIARY COMPANIES, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, THIRD PARTY PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS, INCLUDING REASONABLE ATTORNEYS’ FEES, INCURRED BY ANY OF THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF ANY BREACH BY YOU OF THIS USER AGREEMENT OR CLAIMS ARISING FROM YOUR USE OF THIS SITE OR YOUR ACCOUNT(S). YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT TO ASSUME, AT OUR SOLE EXPENSE, THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.

Limitation of Liability

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, NONE OF THE INDEMNIFIED PARTIES SHALL BE LIABLE UNDER ANY CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM (I) THE USE OF OR INABILITY TO USE LOVEPASTRY.COM, (II) ANY TRANSACTION CONDUCTED THROUGH OR FACILITATED BY THE SITE, (III) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, (V) ANY OTHER MATTER RELATING TO THE SITE OR PRODUCTS OFFERED ON THE SITE, AND/OR (VI) ANY OF THE MATERIALS OR FUNCTIONS AT LOVEPASTRY.COM, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. HOWEVER, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE), OR OTHERWISE, EXCEED $100.

General Provisions

This User Agreement contains the entire understanding and supersedes all prior understandings or agreements between us with respect to your use of lovepastry.com. If any provision of this User Agreement is found to be illegal, void or unenforceable, then that provision shall be deemed severed here from and shall not affect the validity and enforceability of the remaining provisions, which remaining provisions shall continue in full force and effect.

 This User Agreement shall be governed by and construed in accordance with the laws of the State of New York, and the laws of the United States of America, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to this User Agreement shall be filed only in the Federal or state courts located in New York County, New York, and you hereby irrevocably consent and submit to the exclusive personal jurisdiction of such courts for the purposes of litigating any such action.

  • Use lovepastry.com in such a way as to offend or interfere with the use by anyone else of lovepastry.com
  • Submit materials to lovepastry.com that violate any law, or in any fashion that infringe or interfere with the rights of others, including without limitation materials that (a) libel, defame, or invade the privacy of any third party, or which are obscene or pornographic; (b) infringe the intellectual property rights, including copyrights, of any third party; (c) violate any law or regulation; (d) advocate illegal activity; (e) advertise or otherwise solicit funds or are a solicitation for goods or services; (f) are treated as confidential under any contract or policy; or (g) are otherwise harmful, threatening, unlawful, defamatory, infringing, abusive, inflammatory, harassing, vulgar, obscene, fraudulent, invasive of privacy or publicity rights, hateful, or racially, ethnically or otherwise objectionable.
  • Attempt to circumvent the security systems of lovepastry.com
  • Attempt to gain access to lovepastry.com in a fraudulent manner
  • Attempt to gain access to any other user’s accounts
  • Attempt to ascertain any other user’s password and/or personal information by any means whatsoever, including without limitation, by use of lovepastry.com or any other website, or by e-mail communication
  • Attempt to use lovepastry.com  for any purposes other than those intended by the Company, as determined by the Company in its sole discretion
  • Upload or submit any data or information that contains viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment
  • Make commercial or non-personal use of lovepastry.com, including but not limited to the rental, sale or promotion of products. For example, the rental, sale or promotion of pre-recorded music or accompaniment tracks is prohibited
  • Harvest or collect email addresses or other contact information of other users of lovepastry.com by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications
  • Upload, post, transmit, share, store or otherwise make publicly available on lovepastry.com any private information of any third party, including addresses, phone numbers, email addresses, Social Security numbers and credit card numbers
  • Solicit personal information from anyone under 18
  • If such user is under 18, represent him or herself as 18 or older
  • If such user is 18 or older, represent him or herself as under 18
  • Upload, post, transmit, share, store or otherwise make available content that, in the sole judgment of the Company, is objectionable or which restricts or inhibits any other person from using or enjoying the lovepastry.com website, or which may expose Music Theater International or its users to any harm or liability of any type.
  • Price adjustment requests will be honored when items are purchased at FULL RETAIL price and if the merchandise is discounted within 7 days of the original purchase date.
  • Sale and discounted items are not eligible for price adjustments.
  • Price adjustments are only valid for orders placed on lovepastry.com.
  • Coupon codes offering discounts on your entire purchase cannot be applied toward previously placed orders or prior purchases.
  • To receive a price adjustment for full retail priced items that went on sale within 7 days after of the initial purchase date, please contact us.
  • If you are due a Price Adjustment per the stated policy, a credit will be issued to the original form of payment.
Last Updated August 26, 2019