Terms and Conditions – Yana The Baker

1. Introduction

Welcome to Yana the Baker! We’re delighted to have you visit yanathebaker.com (the “Site”). At Yana the Baker, we’re passionate about creating delicious baked goods and providing an excellent experience for our customers.

By accessing or using our Site, you agree to be bound by these Terms and Conditions (“Terms”). These Terms affect your legal rights and obligations, so please read them carefully. If you do not agree to be bound by all of these Terms, do not access or use the Site.

These Terms apply to all users of the Site, including without limitation users who are browsers, customers, merchants, or contributors of content. By using this Site, you represent and warrant that you are of legal age to form a binding contract with Yana the Baker and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

Our Site may contain links to third-party websites or services that are not owned or controlled by Yana the Baker. We have no control over and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Yana the Baker 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 services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

By continuing to access or use our Site after any revisions to these Terms become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Site.

2. Definitions

For the purpose of these Terms and Conditions:

2.1. “Site” refers to yanathebaker.com, the website you are currently accessing, including all its subdomains and pages.

2.2. “User” or “You” refers to any individual or entity accessing, viewing, browsing, or using the Site in any manner, whether registered or not.

2.3. “We”, “Us”, or “Our” refers to Yana the Baker, the owner and operator of yanathebaker.com.

2.4. “Content” refers to any text, images, graphics, videos, audio, data, information, or other materials displayed on, uploaded to, or downloaded from the Site.

2.5. “Services” refers to any products, services, features, or functionalities offered or provided through the Site.

2.6. “Account” refers to a registered user’s personal section of the Site, accessed via unique login credentials.

2.7. “Terms” refers to these Terms and Conditions, which constitute a legally binding agreement between You and Us.

2.8. “Cookie” refers to a small piece of data stored on the User’s computer by the web browser while browsing the Site.

2.9. “Personal Information” refers to any information that identifies or can be used to identify, contact, or locate the person to whom such information pertains.

2.10. “Intellectual Property Rights” refers to all patent rights, copyright rights, moral rights, rights of publicity, trademark, trade dress, and service mark rights, goodwill, trade secret rights, and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals, and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

These definitions apply to both the singular and plural forms of the terms defined. Any capitalized terms not defined in this section shall have the meaning given to them elsewhere in the Terms.

3. Use of the Site

3.1 Acceptable Use Policy

By accessing or using yanathebaker.com, you agree to use the Site only for lawful purposes and in accordance with these Terms. Specifically, you agree to:

a) Use the Site in a manner consistent with all applicable local, state, national, and international laws and regulations.
b) Provide accurate, current, and complete information when creating an account or placing an order.
c) Maintain the security of your account and promptly notify us of any unauthorized use or security breach.
d) Use the Site’s interactive features, if any, in a respectful and appropriate manner.
e) Respect the intellectual property rights of Yana the Baker and other users of the Site.
f) Use the Site only for its intended purposes of browsing baked goods, placing orders, and interacting with our services.
g) Comply with any additional rules or guidelines posted on the Site.

3.2 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

a) Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site.
b) Attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any server of Yana the Baker.
c) Hack or interfere with the Site, its servers, or any connected networks.
d) Use any robot, spider, or other automatic device, process, or means to access the Site for any purpose, including monitoring or copying any of the material on the Site.
e) Introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
f) Use the Site to transmit or upload any material that contains viruses, trojan horses, worms, time bombs, keystroke loggers, spyware, adware, or any other harmful programs.
g) Attempt to reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the software that provides the Site.
h) Use the Site to collect or harvest any personally identifiable information, including account names.
i) Impersonate or attempt to impersonate Yana the Baker, a Yana the Baker employee, another user, or any other person or entity.
j) Engage in any activity that interferes with or disrupts the Site (or the servers and networks that are connected to the Site).
k) Use the Site in any way that violates any applicable federal, state, local, or international law or regulation.
l) Use the Site for any unauthorized commercial purposes.

Yana the Baker reserves the right to terminate your access to the Site, without notice, for any conduct that we, in our sole discretion, believe to be harmful to the Site, to other Users, or to our business interests. In case of termination, you will no longer be authorized to access the Site, and we may use any technological measures to prevent your access.

4. Intellectual Property

4.1 Copyright Notice

All content on this Site, including but not limited to text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Yana the Baker or its content suppliers and is protected by United States and international copyright laws. The compilation of all content on this Site is the exclusive property of Yana the Baker and is protected by U.S. and international copyright laws.

You may not reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast, or circulate any content from this Site to any third party (including, without limitation, the display and distribution of the content via a third party website) without the express prior written consent of Yana the Baker.

4.2 Trademarks

“Yana the Baker,” the Yana the Baker logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Yana the Baker or its affiliates or licensors. You must not use such marks without the prior written permission of Yana the Baker. All other names, logos, product and service names, designs, and slogans on this Site are the trademarks of their respective owners.

4.3 Use of Site Content

Subject to your compliance with these Terms, Yana the Baker grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and view the content on the Site for personal, non-commercial purposes. You may not:

a) Copy, modify, reproduce, republish, distribute, display, or transmit for commercial, non-profit, or public purposes all or any portion of this Site, except as authorized by Yana the Baker;
b) Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text;
c) Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.

4.4 User Content

By posting, uploading, inputting, providing, or submitting content to the Site, you grant Yana the Baker and its affiliates and licensees the right to use, reproduce, display, perform, adapt, modify, distribute, and promote the content in any form, anywhere, and for any purpose. You warrant and represent that you own or otherwise control all of the rights to the content that you post and that public posting and use of your content by Yana the Baker will not infringe or violate the rights of any third party.

4.5 Copyright Infringement

Yana the Baker respects the intellectual property rights of others. If you believe that any content on the Site infringes upon your copyright, please notify us immediately. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from this Site infringe your copyright, you may request the removal of those materials by submitting a written notification to our copyright agent designated below:

William T. Bermudez

4966 Willison Street

Minneapolis, MN 55405

4.6 Reservation of Rights

All rights not expressly granted in these Terms are reserved to Yana the Baker. Nothing contained in these Terms shall be construed as conferring by implication, estoppel, or otherwise any license or right under any patent, trademark, copyright, or other intellectual property right of Yana the Baker or any third party.

5. User-Generated Content

5.1 Rights to Use Content

By submitting, posting, or displaying content on or through yanathebaker.com (“User Content”), you grant Yana the Baker a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display, and distribute such User Content in any and all media or distribution methods now known or later developed.

This license authorizes us to make your User Content available to the rest of the world and to let others do the same. You agree that this license includes the right for Yana the Baker to provide, promote, and improve the Site and to make User Content submitted to or through the Site available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such User Content on other media and services, subject to our terms and conditions for such User Content use.

You represent and warrant that you have all the rights, power, and authority necessary to grant the rights granted herein to any User Content that you submit. You also represent that neither your User Content, nor your use and provision of your User Content to be made available through the Site, nor any use of your User Content by Yana the Baker on or through the Site will infringe, misappropriate, or violate a third party’s intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

5.2 Prohibited Content

You agree not to post, upload, or share any User Content that:

a) Is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable;
b) You do not have a right to make available under any law or under contractual or fiduciary relationships;
c) Infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party;
d) Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware or telecommunications equipment;
e) Is unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
f) Impersonates any person or entity, including any employee or representative of Yana the Baker;
g) Includes anyone’s identification documents or sensitive financial information;
h) Violates the privacy of others or solicits personal information from anyone under 18;
i) Contains material that exploits people in a sexual or violent manner;
j) Contains information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory, or libelous.

5.3 Monitoring and Enforcement

Yana the Baker reserves the right, but does not have the obligation, to:

a) Remove or refuse to post any User Content for any or no reason in our sole discretion;
b) Take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Site or the public, or could create liability for Yana the Baker;
c) Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
d) Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Site;
e) Terminate or suspend your access to all or part of the Site for any violation of these Terms.

5.4 No Responsibility for User Content

You understand that when using the Site, you will be exposed to User Content from a variety of sources and that Yana the Baker is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such User Content. You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Yana the Baker with respect thereto.

6. Privacy Policy

Your privacy is important to us. Our detailed Privacy Policy, which is incorporated into these Terms by reference, explains how we collect, use, protect, and when necessary, disclose your personal information. Please read our Privacy Policy carefully.

6.2 Brief Overview of Data Collection and Use

While our Privacy Policy provides comprehensive information about our data practices, here’s a brief overview of how we collect and use your data:

a) Information You Provide: We collect information you provide directly to us, such as when you create an account, place an order, contact our customer service, or interact with our Site.
b) Automatic Data Collection: We automatically collect certain information about your device and how you interact with our Site, including your IP address, browser type, pages viewed, and other usage information.
c) Cookies and Similar Technologies: We use cookies and similar tracking technologies to collect information about your browsing activities and to maintain your user preferences.
d) Use of Information: We use the collected information to:

Provide, maintain, and improve our services
Process transactions and send related information
Send you technical notices, updates, security alerts, and support messages
Respond to your comments, questions, and customer service requests
Communicate with you about products, services, offers, and events
Monitor and analyze trends, usage, and activities in connection with our Site

e) Sharing of Information: We may share your information with:

Service providers who perform services on our behalf
Professional advisors, such as lawyers, auditors, and insurers
Government bodies, as required by law or to protect our rights

f) Data Security: We implement reasonable security measures to protect your personal information from unauthorized access, alteration, disclosure, or destruction.
g) Your Choices: You have certain rights and choices regarding your personal information, which may include accessing, correcting, or deleting your data.
h) Children’s Privacy: Our Site is not intended for children under 13, and we do not knowingly collect data from children under 13.

This overview is not exhaustive, and we encourage you to read our full Privacy Policy for detailed information about our data practices. By using our Site, you agree to the collection, use, and sharing of your information as described in our Privacy Policy.

7. Products and Services

7.1 Description of Offerings

Yana the Baker offers a variety of baked goods and related services through our website, yanathebaker.com. Our offerings may include, but are not limited to:

a) Fresh baked goods such as cakes, cookies, pastries, and breads
b) Custom-designed cookies for special occasions
c) Catering services for events
d) Baking classes and workshops
e) Gift baskets and specialty items

We strive to provide accurate descriptions of our products and services on our Site. However, we do not warrant that product descriptions or other content on the Site are accurate, complete, reliable, current, or error-free. If a product or service offered by Yana the Baker is not as described, your sole remedy is to return it in unused condition or to cancel the service.

7.2 Pricing and Payment Terms

a) All prices listed on the Site are in US dollars unless otherwise specified.
b) We reserve the right to change prices for products and services at any time, and to correct pricing errors that may inadvertently occur.
c) The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email.
d) Payment for all orders must be made by credit card, debit card, or other payment methods we may offer and specify at the time of purchase.
e) You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site.
f) By placing an order, you authorize us to charge the credit card or other payment method you have provided for the full amount of your order plus any applicable taxes and shipping charges.
g) If the payment method you provide cannot be verified, is invalid, or is otherwise not acceptable, your order may be suspended or canceled.
h) All payments are subject to authorization by the issuing bank or payment provider.
i) For subscription-based services, if applicable, you agree that we may automatically renew your subscription and charge your payment method on a recurring basis unless you cancel your subscription before the renewal date.

7.3 Shipping and Delivery

a) Shipping and Delivery Options:

Standard Shipping: We aim to ship all orders within 3 business days of order placement.
Hand Delivery: Available for select local areas. Hand delivery times will be agreed upon at the time of order.

b) Shipping Timeframes:

After an order is shipped, delivery times may vary based on the shipping method selected and the delivery location.
Estimated delivery dates are not guaranteed and may be subject to delays beyond our control.

c) Shipping Costs:

Shipping costs are calculated based on the delivery method chosen and the delivery address.
Shipping costs will be clearly displayed before you complete your purchase.

d) Order Tracking:

For shipped orders, a tracking number will be provided via email once your order has been dispatched.

e) Delivery Confirmation:

For hand-delivered items, we may require a signature upon delivery to confirm receipt.

f) International Shipping:

If we offer international shipping, additional fees such as customs duties and taxes may apply and are the responsibility of the customer.

g) Perishable Items:

Due to the perishable nature of our products, we may limit shipping to certain areas to ensure product quality.
We are not responsible for any damage or spoilage that occurs after delivery is made.

h) Failed Deliveries:

If a delivery fails due to an incorrect address provided by the customer or the customer’s unavailability to receive the order, additional shipping charges may apply for re-delivery.

i) Inspection Upon Receipt:

We recommend that you inspect all products upon delivery and contact us immediately if there are any issues.

By placing an order, you agree to these shipping and delivery terms. For any questions or concerns about shipping and delivery, please contact our customer service at 619-847-4005.

8. Refunds and Returns

8.1 Policy Overview

At Yana the Baker, we strive to ensure your complete satisfaction with our products and services. However, we understand that there may be instances where a refund or return is necessary. Please review our refund and return policy carefully:

a) Perishable Goods:

Due to the perishable nature of our baked goods, we generally do not offer refunds or returns on these items once they have been delivered and accepted.
Exceptions may be made in cases of significant quality issues, provided these are reported immediately upon delivery.

b) Non-Perishable Goods:

Non-perishable items (e.g., baking equipment, cookbooks) may be returned within 14 days of delivery if they are in unused, original condition.
A restocking fee of 15% may apply to returned non-perishable items.

c) Custom Orders:

Custom-made items (e.g., personalized cakes) are not eligible for refunds or returns unless there is a significant discrepancy between the order specifications and the delivered product.

d) Services:

For services such as baking classes or catering, cancellations made at least 48 hours before the scheduled time may be eligible for a full refund.
Cancellations made less than 48 hours before the scheduled time may be eligible for a partial refund or credit for future services, at our discretion.

e) Damaged or Incorrect Items:

If you receive a damaged or incorrect item, please contact us within 24 hours of delivery. We will work with you to resolve the issue, which may include replacement, refund, or store credit.

f) Allergies and Dietary Restrictions:

We take allergies and dietary restrictions seriously. However, refunds will not be issued for consumed products that were correctly labeled and match the product description.

g) Gift Cards:

Gift cards are non-refundable but may be transferred to another person.

8.2 Process for Requesting Refunds or Returns

To request a refund or return, please follow these steps:

a) Contact Information:

Email: returns@yanathebaker.com
Phone: (555) 123-4567
Hours: Monday to Friday, 9 AM to 5 PM PST

b) Information Required:

Your name and contact information
Order number
Item(s) you wish to return or for which you’re requesting a refund
Reason for the return or refund request
Photos of the product (if applicable, especially in cases of damage or quality issues)

c) Timeframe:

Requests must be made within the specified timeframes mentioned in the policy overview.
We will acknowledge your request within 2 business days.

d) Evaluation Process:

Our customer service team will review your request.
We may ask for additional information or photos if needed.
For non-perishable returns, we will provide return shipping instructions if the return is approved.

e) Refund Processing:

If a refund is approved, it will be processed to the original payment method within 5-10 business days after we receive and inspect the returned item (for non-perishable goods), or after approval (for services or issues with perishable goods).
For approved refunds on perishable goods or services, processing will begin immediately after approval.

f) Return Shipping:

For approved returns of non-perishable items, the customer is responsible for return shipping costs unless the return is due to our error.
Please use a trackable shipping method to ensure the package can be tracked.

g) Exchanges:

We do not offer direct exchanges. If you wish to exchange an item, please return the original item for a refund and place a new order for the desired item.

h) Discretion:

Yana the Baker reserves the right to refuse any return or refund that does not comply with these terms.
In certain circumstances, we may offer store credit instead of a refund.

By making a purchase, you acknowledge that you have read and agree to this Refunds and Returns Policy. Yana the Baker reserves the right to modify this policy at any time. Any changes will be effective immediately upon posting to the Site.

9. Disclaimer of Warranties

9.1 “As Is” and “As Available” Basis

Your use of yanathebaker.com and all products and services provided through the Site is at your own risk. The Site, its content, and any products or services obtained through the Site are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied.

9.2 Disclaimer of Warranties

To the fullest extent permitted by applicable law, Yana the Baker, its affiliates, and their respective officers, directors, employees, agents, suppliers, and licensors (collectively, the “Yana the Baker Parties”) expressly disclaim all warranties of any kind, whether express or implied, including but not limited to:

a) Warranties of merchantability, fitness for a particular purpose, title, and non-infringement;
b) Warranties that the Site will meet your requirements, will always be available, accessible, uninterrupted, timely, secure, or operate without error;
c) Warranties as to the accuracy, reliability, quality, or content of any information, representations, products, or services provided on or through the Site;
d) Warranties relating to the accuracy or reliability of any information obtained through the Site;
e) Warranties otherwise relating to performance, non-performance, or other acts or omissions of the Yana the Baker Parties or any third party.

9.3 Product Warranties

While we strive to provide high-quality products, Yana the Baker does not warrant that the quality of any products, services, information, or other material purchased or obtained by you through the Site will meet your expectations, or that any errors in the products or services will be corrected.

9.4 No Implied Warranties

No advice or information, whether oral or written, obtained by you from Yana the Baker or through the Site shall create any warranty not expressly stated in these Terms.

9.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for certain types of damages. Therefore, some of the above limitations may not apply to you. In such jurisdictions, our liability will be limited to the fullest extent permitted by law.

9.6 Essential Purpose

The disclaimers and exclusions under these Terms shall not apply to the extent prohibited by applicable law. The essential purpose of this section is to limit the potential legal liability of the Yana the Baker Parties. This limitation is an essential part of the bargain between you and Yana the Baker.

9.7 Reliance on Disclaimers

You acknowledge and agree that the Yana the Baker Parties have offered their products and services and set their prices in reliance upon the warranty disclaimers and the limitations of liability set forth herein. You further acknowledge that the warranty disclaimers and limitations of liability set forth herein reflect a reasonable and fair allocation of risk between you and the Yana the Baker Parties and that the warranty disclaimers and limitations of liability set forth herein form an essential basis of the bargain between you and Yana the Baker.

9.8 Perishable Nature of Products

You acknowledge that many of our products are perishable food items. While we take every precaution to ensure the quality and safety of our products, we cannot guarantee their condition beyond the point of delivery due to factors outside our control (such as improper storage or handling after delivery).

By using yanathebaker.com and purchasing our products or services, you expressly acknowledge that you have read, understood, and agree to be bound by this Disclaimer of Warranties.

10. Limitation of Liability

10.1 General Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall Yana the Baker, its affiliates, or their respective officers, directors, employees, agents, suppliers, or licensors (collectively, the “Yana the Baker Parties”) be liable for any indirect, special, incidental, consequential, exemplary or punitive damages, including but not limited to damages for loss of profits, goodwill, use, data or other intangible losses, resulting from your access to or use of, or inability to access or use, the Site or any products or services provided through the Site, regardless of the theory of liability and even if a Yana the Baker Party has been advised of the possibility of such damages.

10.2 Caps on Liability

To the extent permitted by applicable law, the total liability of the Yana the Baker Parties, for any claim under these Terms, including for any implied warranties, is limited to the greater of:

a) The amount you paid us to use the Site or purchase products or services during the three (3) months immediately preceding the event giving rise to the claim; or
b) One Hundred Dollars ($100.00).

10.3 Types of Damages Excluded

Without limiting the generality of the foregoing, the Yana the Baker Parties shall not be liable for any damages or losses arising out of or in connection with:

a) Loss of revenue, income, profits, or anticipated savings;
b) Loss of business or business opportunities;
c) Loss of data or information;
d) Loss of goodwill or reputation;
e) Wasted management or office time;
f) Losses or damages arising from food allergies, intolerances, or sensitivities;
g) Any indirect, special, incidental, punitive, exemplary, or consequential damages of any kind whatsoever;
h) Any bugs, viruses, trojan horses, or the like (regardless of the source of origination);
i) Your use of or inability to use the Site or any products or services purchased through the Site;
j) Delays or disruptions in the Site or any products or services;
k) Errors, mistakes, or inaccuracies of content on the Site;
l) Personal injury or property damage, of any nature whatsoever, resulting from your access to and use of our Site or products;
m) Any unauthorized access to or use of our secure servers and/or any and all personal information stored therein;
n) Any interruption or cessation of transmission to or from our Site;
o) Any third-party materials, products, or services posted on, linked to, or otherwise made available through the Site.

10.4 Basis of the Bargain

The limitations of damages set forth above are fundamental elements of the basis of the bargain between Yana the Baker and you.

10.5 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages. In such jurisdictions, our liability is limited to the greatest extent permitted by law.

10.6 Essential Purpose

The limitations on our liability to you in this Section shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.

10.7 Allocation of Risk

You acknowledge and agree that we have offered our products and services and set our prices in reliance upon the warranty disclaimers and limitations of liability set forth herein, that the warranty disclaimers and limitations of liability set forth herein reflect a reasonable and fair allocation of risk between us, and that the warranty disclaimers and limitations of liability set forth herein form an essential basis of the bargain between you and Yana the Baker.

By using yanathebaker.com and purchasing our products or services, you expressly acknowledge that you have read, understood, and agree to be bound by this Limitation of Liability.

11. Indemnification

11.1 User’s Responsibility to Indemnify

You agree to defend, indemnify, and hold harmless Yana the Baker, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns (collectively, the “Indemnified Parties”) from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to:

a) Your violation of these Terms of Use;
b) Your use of the Site, including, but not limited to, your User Contributions, any use of the Site’s content, services, and products other than as expressly authorized in these Terms of Use;
c) Your violation of any third-party right, including without limitation any intellectual property right, publicity, confidentiality, property or privacy right;
d) Any misrepresentation made by you;
e) Your violation of any applicable laws, rules, or regulations;
f) Any transactions you conduct through the Site;
g) Any activity related to your account by you or any other person accessing the Site through your account (including negligent or wrongful conduct); or
h) Your violation of any food safety, allergen labeling, or other food-related regulations or standards applicable to products you may have purchased from Yana the Baker.

11.2 Cooperation in Defense

If Yana the Baker is sued or threatened with suit due to your actions, you agree to cooperate fully in the defense of such claim. Yana the Baker reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate fully with Yana the Baker in asserting any available defenses.

11.3 No Waiver of Rights

Yana the Baker’s failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.

11.4 Survival of Indemnification

This indemnification obligation will survive these Terms of Use and your use of the Site.

11.5 Limitation on Indemnification

Nothing in this section shall require you to indemnify Yana the Baker for any harm caused solely by Yana the Baker’s own negligence or willful misconduct.

11.6 Notice of Claims

You agree to promptly notify Yana the Baker of any third-party claims, cooperate with Yana the Baker in defending such claims, and pay all fees, costs, and expenses associated with defending such claims (including, but not limited to, attorneys’ fees). You agree that Yana the Baker will have control of the defense or settlement of any such claims.

11.7 Equitable Relief

You acknowledge that a breach of these Terms of Use may cause Yana the Baker irreparable harm, and damages may be an inadequate remedy. You agree that Yana the Baker will have the right to seek injunctive relief in any court of competent jurisdiction without the need to post a bond.

By using yanathebaker.com and purchasing our products or services, you expressly acknowledge that you have read, understood, and agree to be bound by this Indemnification clause.

12. Third-Party Links

12.1 External Links Disclaimer

The Site may contain links to third-party websites or resources that are not owned or controlled by Yana the Baker. These links are provided for your convenience and information only.

12.2 No Endorsement

Yana the Baker has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. The inclusion of any link does not imply endorsement, approval, or control by Yana the Baker of the site, or any association with its operators.

12.3 Use at Your Own Risk

You acknowledge and agree that Yana the Baker 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 third-party websites or services.

12.4 Terms of Third-Party Sites

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit. These third-party sites may have their own terms of service and privacy policies, which may differ from ours.

12.5 No Warranty

Yana the Baker makes no warranties or representations about the accuracy or completeness of the content of such third-party websites and shall not be liable for any loss or damage caused by your reliance on such information.

12.6 Security Risks

Please be aware that when you leave our Site by linking to a third-party website, our Privacy Policy and these Terms of Use 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 our Site.

12.7 Termination of Links

Yana the Baker reserves the right to terminate any link or linking program at any time, without prior notice, at our discretion.

12.8 Framing Prohibition

You may not create a link to any page of this Site without our prior written consent. You may not use framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yana the Baker without express written consent.

12.9 Notification of Unauthorized Links

If you would like to link to our Site, or if you find any unauthorized links to our Site, please contact us at iyana@yanathebaker.com. We reserve the right to withdraw linking permission without notice.

By using yanathebaker.com, you acknowledge and agree to this Third-Party Links disclaimer.

13. Termination

13.1 Right to Terminate User Accounts

Yana the Baker reserves the right, in its sole discretion, to terminate your access to all or part of yanathebaker.com, with or without notice, for any reason, including, without limitation, breach of these Terms of Use. Specific reasons for termination may include, but are not limited to:

a) Violation of these Terms of Use or any other policies or guidelines referenced herein.
b) Engaging in fraudulent or illegal activities through the Site.
c) Failure to pay for products or services ordered through the Site.
d) Abuse or harassment of other users or Yana the Baker staff.
e) Repeated unsatisfactory behavior or interactions related to your use of our services.
f) Any other conduct that Yana the Baker deems, in its sole discretion, to be harmful to its business interests or other users.

13.2 User’s Right to Terminate

You may terminate your account at any time by contacting our customer service at iyana@yanathebaker.com. Please note that some information may be retained in our records after account deletion, as required by law or for legitimate business purposes.

13.3 Effects of Termination

Upon termination of your account or access to the Site:

a) Your right to access and use the Site and all licenses granted herein will immediately cease.
b) Yana the Baker may, but is not obligated to, delete any of your User Content or other data stored on our servers.
c) You will remain liable for all amounts due up to and including the date of termination.
d) Yana the Baker will not be liable to you or any third party for termination of access to the Site or for deletion of your User Content.
e) Any orders in process at the time of termination may be canceled or completed at Yana the Baker’s discretion.
f) You will not be entitled to any refunds for any unused services, including any prepaid fees unless required by law.

13.4 Survival of Terms

All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13.5 Reinstatement

Yana the Baker, in its sole discretion, may reinstate terminated users. A terminated user may not register for a new account without Yana the Baker’s express permission.

13.6 Notification of Termination

While Yana the Baker will make reasonable efforts to notify you of account termination, we reserve the right to terminate accounts without prior notice in extreme circumstances, such as severe violations of these Terms or legal requirements.

By using yanathebaker.com, you acknowledge and agree to these Termination terms.

14. Changes to Terms

14.1 Right to Modify Terms

Yana the Baker reserves the right, at our sole discretion, to change, modify, add, or remove portions of these Terms of Use at any time. This right to modify extends to all aspects of our Terms, including but not limited to:

a) User rights and responsibilities b) Our services and product offerings c) Pricing and payment terms d) Privacy practices e) Dispute resolution procedures f) Any other policies or guidelines referenced herein

14.2 Effective Date of Modifications

Any changes to these Terms will be effective immediately upon posting the updated Terms on yanathebaker.com. The “Last Updated” date at the top of these Terms will be revised to reflect the date of the most recent changes.

14.3 Notice of Changes

Yana the Baker will make reasonable efforts to notify users of significant changes to these Terms. Methods of notification may include, but are not limited to:

a) Sending an email to the address associated with your account b) Displaying a prominent announcement on our Site c) Posting a notice in your user account dashboard d) Notifying you upon your next login to the Site

However, it is your responsibility to review these Terms periodically for any changes. Your continued use of the Site after the posting of changes constitutes your binding acceptance of such changes.

14.4 Material Changes

For changes we deem material, we will make reasonable efforts to provide at least 30 days’ notice before the changes take effect. What constitutes a material change will be determined at our sole discretion.

14.5 Acceptance of Modified Terms

By continuing to access or use our Site after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you are no longer authorized to use the Site and must cease all use immediately.

14.6 Special Notice for Paid Services

For users who have purchased any paid services, any material changes to these Terms will not affect the terms in place at the time of purchase for the duration of the current billing cycle. New or modified terms will apply to any renewal or new purchase of services.

14.7 Severability of Terms

14.8 No Waiver

Our failure to enforce any part of these Terms of Use shall not constitute a waiver of our right to later enforce that or any other part of these Terms.

14.9 Inquiries About Changes

If you have any questions or concerns about changes to these Terms, please contact us at iyana@yanathebaker.com.

By using yanathebaker.com, you acknowledge and agree to this Changes to Terms policy.

15. Governing Law

15.1 Applicable Law

These Terms of Use and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the State of Nevada, United States of America, without regard to its conflict of law provisions.

15.2 Jurisdiction for Disputes

You agree that any legal action or proceeding between you and Yana the Baker shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Nevada. By using yanathebaker.com, you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purposes of litigating any such action.

15.3 Venue

Any claims or disputes arising out of or related to these Terms of Use or your use of the Site shall be heard in the appropriate federal or state courts located in Clark County, Nevada.

15.4 Choice of Law

The laws of the State of Nevada, excluding its conflicts of law rules, shall govern these Terms of Use and your use of the Site. Your use of the Site may also be subject to other local, state, national, or international laws.

15.5 Waiver of Jury Trial

To the extent permitted by applicable law, you and Yana the Baker waive any right to a jury trial in any proceeding arising out of or related to these Terms of Use or any of the transactions contemplated herein.

15.6 Limitation on Time to File Claims

Any cause of action or claim you may have arising out of or relating to these Terms of Use or the Site must be commenced within one (1) year after the cause of action accrues, otherwise, such cause of action or claim is permanently barred.

15.7 Class Action Waiver

Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Yana the Baker will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

15.8 Severability

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

15.9 No Waiver of Rights

Our failure to enforce any right or provision of these Terms of Use shall not be considered a waiver of those rights. If any provision of these Terms of Use is held to be invalid or unenforceable by a court, the remaining provisions of these Terms of Use will remain in effect.

15.10 Entire Agreement

These Terms of Use, together with our Privacy Policy and any other legal notices published by us on the Site, shall constitute the entire agreement between you and Yana the Baker concerning the Site and supersede all prior agreements and understandings, whether written or oral, regarding the Site.

By using yanathebaker.com, you acknowledge and agree to this Governing Law section and consent to the jurisdiction and venue specified herein for any disputes arising from your use of the Site.

16. Contact Information

16.1 How to Contact Us

If you have any questions about these Terms of Use, your account, our services, or for any other inquiries, please contact Yana the Baker using the following information:

Email:

iyana@yanathebaker.com

Mailing Address:

Yana the Baker 123 Main St Las Vegas, Nevada 88901

16.2 Customer Support Hours

Our customer support team is available to assist you during the following hours:

Monday – Friday: 9:00 AM to 5:00 PM Pacific Time Saturday: 10:00 AM to 2:00 PM Pacific Time Sunday: Closed

16.3 Response Time

We strive to respond to all inquiries within 24-48 business hours. However, response times may vary depending on the volume of inquiries we receive.

16.4 Reporting Issues

For urgent matters related to order issues, product concerns, or website functionality problems, please use the email address provided above and include “URGENT” in the subject line.

16.5 Updates to Contact Information

Yana the Baker reserves the right to update this contact information at any time. Any changes to our contact information will be reflected in these Terms of Use and on our Contact Us page.

16.6 Legal Notices

For legal notices or formal communications, please use the mailing address provided above and mark your correspondence as “Legal Notice” or “Formal Communication.”

By using yanathebaker.com, you acknowledge that these are the official contact methods for communicating with Yana the Baker regarding any matters related to these Terms of Use or your use of the Site.

17. Severability

17.1 Clause Addressing Invalidity of Specific Provisions

If any provision of these Terms of Use is held to be unlawful, void, or for any reason unenforceable by a court of competent jurisdiction, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. Specifically:

a) The invalidity or unenforceability of any provision of these Terms shall not affect the validity or enforceability of any other provision of these Terms, and each provision shall be enforced to the fullest extent permitted by law.
b) If any provision of these Terms is found to be invalid or unenforceable, but would be valid and enforceable if some part of the provision were deleted or modified, the provision in question shall apply with such deletion or modification as may be necessary to make it valid and enforceable.

17.2 Interpretation and Reformation

In the event that any provision is determined to be unenforceable or invalid, the parties agree that:

a) Such provision shall be interpreted in a manner that best reflects the original intentions of the parties, to the fullest extent permitted by applicable law.
b) The court or other authorized body may reform the relevant provision to the extent necessary to make it enforceable while preserving its intent, or if reformation is not possible, the provision shall be severed from these Terms, and the remaining provisions shall be enforced.

17.3 Continuation of Terms

Notwithstanding the unenforceability or invalidity of any provision(s) of these Terms, all other provisions shall remain in full force and effect.

17.4 Entire Agreement

These Terms, including all sections and provisions, constitute the entire agreement between you and Yana the Baker. If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable.

17.5 No Waiver

The failure of Yana the Baker 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.

By using yanathebaker.com, you acknowledge and agree to this Severability clause and understand that the invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provision of these Terms.

18. Entire Agreement

18.1 Statement of Entire Agreement

These Terms of Use, including any legal notices, policies, and guidelines incorporated by reference herein, constitute the entire agreement between you and Yana the Baker regarding your use of yanathebaker.com (the “Site”) and our services and supersede any prior agreements, and arrangements, statements, or understandings between you and Yana the Baker.

18.2 Scope of Agreement

Specifically, this Entire Agreement clause encompasses:

a) All sections and provisions within these Terms of Use b) Our Privacy Policy c) Any additional rules, guidelines, or terms posted on the Site d) Any amendments or modifications to the above, as may be updated from time to time

18.3 No Other Agreements

You acknowledge and agree that:

a) There are no other agreements, representations, warranties, or understandings, either written or oral, regarding your use of the Site or our services that are not expressly set forth in these Terms.
b) Any previous agreements, whether written or oral, relating to the subject matter hereof are hereby superseded and replaced in their entirety by these Terms.

18.4 Modification of Agreement

This Entire Agreement may only be modified as set forth in the “Changes to Terms” section of these Terms of Use. No employee, agent, or other representative of Yana the Baker has the authority to make any oral modifications to this agreement.

18.5 Language of Agreement

If Yana the Baker provides a translation of the English language version of these Terms, the translation is provided solely for convenience, and the English version shall prevail in the event of any conflict.

18.6 Severability and Entire Agreement

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the Terms will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

18.7 Acknowledgment

By using yanathebaker.com, you acknowledge that you have read and understood this Entire Agreement clause, and you agree that these Terms of Use represent the complete and exclusive statement of the agreement between you and Yana the Baker, superseding any proposal or prior agreement, oral or written, and any other communication between you and Yana the Baker relating to the subject matter of these Terms.

Last Updated: August 30, 2024