TERMS OF USE


Welcome


Welcome to JimenezBakery.com, and thank you for visiting our website. Jimenez Bakery & Restaurant and its subsidiaries ("Jimenez Bakery") provide this website and corresponding features to you subject to the following Terms of Use. If you visit or shop at JimenezBakery.com, you accept these terms. Please read them carefully.

JimenezBakery.com is owned and operated by Jimenez Bakery & Restaurant. (the "Site"). Jimenez Bakery & Restaurant reserves the right to change the Site, these Terms of Use, and all other policies governing the Site, privacy, and usage at any time. Your continued use of the Site following the posting of changes means that you accept such changes.

Ordering


When you place an order at our Site, Jimenez Bakery & Restaurant will not charge you for your order until we receive authorization for your payment method. Jimenez Bakery & Restaurant reserves the right, at any time after receipt of your order, to accept, decline, or cancel your order, or any portion thereof, even after your receipt of an order confirmation. We also reserve the right, at our sole discretion, to limit the quantity of items ordered, refuse service to any customer, terminate accounts, remove or edit content, and/or prohibit sales to dealers. Some situations where we may cancel your order include inaccuracies or errors in product or
pricing information, limited quantities, or problems with the chosen payment mechanism. In certain circumstances, we may require additional information or need to verify information before accepting your order. The receipt of an e-mail order confirmation does not constitute the acceptance of an order or a confirmation of an offer to sell.

Pricing


All prices, features, content, and specifications listed on JimenezBakery.com for product or services are subject to change at any time without notice. Jimenez Bakery & Restaurant strives to provide the most accurate pricing and product information
possible. In spite of such efforts, however, pricing and product information errors on the Site may occur. You agree that Jimenez Bakery & Restaurant shall not be responsible for any such pricing or product information errors. Jimenez Bakery & Restaurant cannot confirm the accuracy of the price of an item until after Jimenez Bakery & Restaurant has processed and completed your order. In the event that an item is listed at an incorrect price, Jimenez Bakery & Restaurant shall have the right to refuse or cancel any orders placed for that item. Please note that sometimes a price of an item online may not match the price in retail stores, and Jimenez Bakery & Restaurant reserves the right to maintain different prices for items offered for sale through different channels.

Payment


Jimenez Bakery & Restaurant reserves the right to change accepted payment methods at any time without notice.

Risk of Loss


All purchases from JimenezBakery.com are made pursuant to a shipping contract, which means that the risk of loss and title for such purchases pass to you upon our delivery to the carrier designated for shipment.

Site Access


Jimenez Bakery & Restaurant grants you a limited license to access and make personal use of the Site, but not to download (other than page caching) or modify it, or any portion of it, without the express written consent of Jimenez Bakery & Restaurant. This license does not include any resale or commercial use of the Site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This Site or any portion thereof may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Jimenez Bakery & Restaurant. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Jimenez Bakery & Restaurant, or use any meta tags or any other "hidden text" using Jimenez Bakery & Restaurant's name or trademarks, without the express written consent of Jimenez Bakery & Restaurant. Any unauthorized use terminates the permission or license granted by Jimenez Bakery & Restaurant. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of JimenezBakery.com so long as the link does not portray Jimenez Bakery & Restaurant, or its products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Jimenez Bakery & Restaurant logo or other proprietary graphic or trademark as part of the link without the express written consent of Jimenez Bakery & Restaurant. By using the Site, you certify that you are at least 18 years of age. If you are under the age of 18, you may use this Site only with the permission of your parent or guardian who agrees to be bound by these Terms of Use and is responsible for your actions. If you are a parent or guardian, you are responsible for the use of this Site by your child, including all purchases made by such child. Jimenez Bakery & Restaurant does not knowingly collect personal information about children under the age of 13 without prior parental consent of such collection of personal information. You agree that you will not do any of the following in connection with your use of the Site: (a) fail to follow these Terms of Use; (b) abuse the Site privileges; (c) misrepresent personal information that is provided to Jimenez Bakery & Restaurant by you or anyone else acting on your behalf; (d) act in a manner inconsistent with or in violation of any applicable local, state, federal or other applicable U.S. or foreign law, statute, regulation, directive or ordinance; (e) do anything detrimental to the interests of Jimenez Bakery & Restaurant; (f) use, or attempt to use, any part of the Site for purposes such as, by way of example and not limitation, tampering, hacking, spoofing, using robots or scripts, or otherwise corrupting the administration, security, or proper function of any part of the Site; (g) reverse-engineer, decompile, disassemble or otherwise alter the Site or otherwise attempt to discover the source code or structural framework thereto; (h) access or attempt to access any part of the Site for which you do not have authorization; (i) do anything which would create or impose an unreasonable or disproportionately large burden or load on Jimenez Bakery & Restaurant; (j) frame or link to the Site except as permitted in writing by Jimenez Bakery & Restaurant; or (k) interfere with or disrupt the Site or servers or networks connected to the Site, or disobey any requirements, procedures, policies or regulations of the Site. Jimenez Bakery & Restaurant reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that Jimenez Bakery & Restaurant shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site.

Third Party Links and References


The Site may contain links or references to names, marks, products or services of third parties, or links to other sites on the Internet that are owned and operated by third parties. Such references and/or links are provided solely as a convenience to you and do not in any way constitute or imply Jimenez Bakery & Restaurant's endorsement, sponsorship or recommendation of the third party or its information, products or services. If you use these references or links, you may leave this Site and you do so entirely at your own risk. Jimenez Bakery & Restaurant is not responsible for, and does not make any representations regarding any third party's products, services, practices, policies, or site content.

Information Ownership and Accuracy


Any information communicated to Jimenez Bakery & Restaurant through the use of the Site, including but not limited to notes on message boards, suggestions, ideas, e-mails, or other similar content (collectively "User Generated Content") become the property of Jimenez Bakery & Restaurant. Other than personal or financial information submitted by a user, Jimenez Bakery & Restaurant is entitled to use any User Generated Content without restriction or compensation to the person submitting the information. Jimenez Bakery & Restaurant is not responsible for monitoring any message boards, chat rooms, customized gift messages, or on-line forums that appear on the Site, and Jimenez Bakery & Restaurant reserves the right to remove or edit, in whole or in part, any material it deems objectionable, offensive or inappropriate at any time. You are prohibited from posting or transmitting any unlawful, threatening, defamatory, obscene, inflammatory, discriminatory, harassing, pornographic, profane, racially-derogatory, ethnically derogatory or otherwise objectionable material of any kind or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any applicable law. Jimenez Bakery & Restaurant assumes no responsibility or liability arising from User Generated Content, including any claims of defamation, error, omission, inaccuracy, obscenity, pornography, profanity or danger. Information on the Site includes products, services and content that is available in or applicable to the United States and is in compliance with U.S. laws only. If the Site is accessed from outside the United States, the user is responsible for compliance with all applicable local laws.

Privacy


Our Privacy Policy governs your visit to and use of JimenezBakery.com and all interactions with Jimenez Bakery & Restaurant involving personal information, and it is located at: http://www.JimenezBakery.com/privacy.html

Security


Jimenez Bakery & Restaurant takes reasonable precautions to protect sensitive and personal information submitted by users of the Site. For example, in order to protect your sensitive financial information, we encrypt your financial card information using the industry standard Secure Socket Layer (SSL) technology, thereby securing the transmission of such information over the Internet between your computer and the servers we use to process your order. You can find more information on security in Jimenez Bakery & Restaurant's Privacy Policy located at: http://www.JimenezBakery.com/privacy.html

Product Descriptions


Jimenez Bakery & Restaurant attempts to be as accurate as possible in describing its products and services. In so doing, however, Jimenez Bakery & Restaurant does not warrant that product descriptions or other content of the Site is accurate, complete, reliable, current, or error-free. If a product or service offered by Jimenez Bakery & Restaurant is not as described, your sole remedy is to return it pursuant to the Returns Policy. Certain products or services offered by Jimenez Bakery & Restaurant may have special restrictions or terms of use, and you can find these unique restrictions and/or terms of use on the Site page associated with each specific product or service. Any listed restrictions and/or terms of use represent those provided to Jimenez Bakery & Restaurant by the product manufacturer or distributor, or service provider, at the time Jimenez Bakery & Restaurant posts such products or services for sale. Jimenez Bakery & Restaurant provides these restrictions and terms of use as a convenience to our customers, but Jimenez Bakery & Restaurant does not warrant that such content is accurate, complete, reliable, current, or error-free. You agree to abide by any restrictions and terms of use for your purchases, and also any other restrictions applicable to your purchases based on your jurisdiction.

Indemnification


You agree, at your own expense, to indemnify, defend and hold harmless Jimenez Bakery & Restaurant and its parents, subsidiaries, affiliates, officers, directors, employees, consultants, agents, suppliers and licensors from and against any and all third party claims, liability, damages, losses and/or costs (including but not limited to reasonable attorneys' fees) arising from or relating to: (a) your failure to comply with these Terms of Use, including any restrictions or prohibitions specified above or any other restrictions related to the products you have purchased; (b) your infringement or violation of any intellectual property or other right of a third party; or (c) your violation of any applicable law or regulation, including those applicable to the products or services sold by Jimenez Bakery & Restaurant.

Disclaimer of Warranties and Limitation of Liability


THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. JIMENEZ BAKERY & RESTAURANT MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENTS, MATERIALS, PRODUCTS, OR SERVICES INCLUDED ON THE SITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JIMENEZ BAKERY & RESTAURANT DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JIMENEZ BAKERY & RESTAURANT DOES NOT WARRANT THAT THE SITE, ITS SERVERS, OR E-MAIL SENT FROM JIMENEZ BAKERY & RESTAURANT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JIMENEZ BAKERY & RESTAURANT ASSUMES NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY DUE TO YOUR ACCESS TO, USE OF, OR BROWSING IN THE SITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THE SITE. JIMENEZ BAKERY & RESTAURANT SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, MATERIALS ON THE SITE, OR THE PRODUCTS OR SERVICES OFFERED BY JIMENEZ BAKERY & RESTAURANT OR ON THE SITE. SINCE SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OF CERTAIN DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL JIMENEZ BAKERY & RESTAURANT'S 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 THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THE SITE.

Copyright


The contents and compilation of the Site are the property of Jimenez Bakery & Restaurant and protected by United States and international copyright laws. All Rights Reserved. All software used on the Site is the property of Jimenez Bakery & Restaurant or its software suppliers
and protected by United States and international copyright laws.

Trademarks


All trademarks, logos, service marks, and trade names are the property of Jimenez Bakery & Restaurant or other respective owners. Use of these marks without the written consent of Jimenez Bakery & Restaurant or the owner of the mark is expressly prohibited.

Applicable law


Your use of the Site shall be governed in all respects by the laws of the State of Texas without regard to choice of laws provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to the Site shall be in the state or federal courts located in Harris County, Texas. Any cause of action you may have with respect to the Site must be commenced within one year after the cause of action arises. If any provision of these Terms of Use shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use, as well as any other written policies referenced herein or posted on the Site, represent the entire agreement between Jimenez Bakery & Restaurant and you relating to the subject matter herein. Jimenez Bakery & Restaurant reserves the right to make changes to our Site, policies, and these Terms of Use at any time.



Jimenez Bakery & Restaurant © 2014