TERMS OF USE

Last Updated in July 2023

AGREEMENT TO TERMS

These Terms of Use ("Terms") constitute a legally binding agreement between you, whether personally or on behalf of an entity ("you"), and The Bagel Mill ("Company," "we," "us," or "our"), concerning your access to and use of the https://www.thebagelmill.com website and any related media, mobile website, or application (collectively, the "Site"). We are located at 212 Western Avenue, Petaluma, California 94952.

By accessing the Site, you agree that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, do not use the Site.

We may update these Terms from time to time. When we do, we will update the "Last Updated" date. Material changes will be brought to your attention through a notice on the Site. Your continued use of the Site after the effective date of a revised version constitutes your acceptance of it.

The Site is not directed to any person in a jurisdiction where the Site's availability or use would be contrary to law. Users who access the Site from other locations do so at their own initiative and are responsible for compliance with local law.

The Site is not designed to comply with industry-specific regulations such as HIPAA, FISMA, or GLBA. If your interactions would be subject to such regulations, you may not use this Site.

ELIGIBILITY

The Site is intended for users who are at least 13 years of age. If you are under 18, you must have the permission of, and be supervised by, a parent or legal guardian to use the Site. By using the Site, you represent that you meet these eligibility requirements.

INTELLECTUAL PROPERTY RIGHTS

Unless otherwise indicated, the Site and all source code, databases, functionality, software, designs, audio, video, text, photographs, and graphics on it (the "Content"), together with the trademarks, service marks, and logos ("Marks"), are owned or licensed by us and are protected by U.S. and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and to download or print a copy of any portion of the Content solely for your personal, non-commercial use. We reserve all rights not expressly granted.

USER REPRESENTATIONS

By using the Site, you represent and warrant that you have the legal capacity to agree to these Terms; that you are at least 13 years old and have the necessary parental consent if you are a minor; that you will not use the Site for any illegal or unauthorized purpose; that you will not access the Site through automated means; and that your use of the Site will not violate any applicable law or regulation.

USER REGISTRATION

If registration is required to use certain features, you agree to provide accurate information and keep your password confidential. You are responsible for activity under your account. We may refuse or reclaim any username in our reasonable discretion.

PROHIBITED ACTIVITIES

You may not access or use the Site for any purpose other than that for which we make it available. Specifically, you agree not to systematically retrieve data from the Site to create a database or directory without our written permission; attempt to defraud us or other users, or to obtain sensitive account information belonging to others; circumvent, disable, or interfere with security features of the Site; use information from the Site to harass, abuse, or harm another person; interfere with, disrupt, or place an undue burden on the Site; upload or transmit viruses, malware, or any code intended to cause harm; engage in automated use of the Site, including scraping, bots, or data mining, except for standard search engine indexing; impersonate another user; use the Site to compete with us or for unauthorized commercial purposes; or reverse engineer or decompile the Site's software except as permitted by applicable law.

USER-GENERATED CONTRIBUTIONS

The Site may allow you to submit content, such as reviews or messages ("Contributions"). By making a Contribution, you represent and warrant that you own the Contribution or have all necessary rights, consents, and permissions to submit it; that your Contribution is accurate and does not infringe the rights of any third party; that your Contribution is not unlawful, defamatory, obscene, threatening, harassing, or otherwise objectionable; and that your Contribution does not violate any applicable law.

We reserve the right, but not the obligation, to review, edit, or remove any Contribution in our reasonable discretion.

CONTRIBUTION LICENSE

You retain ownership of your Contributions. By submitting a Contribution, you grant us a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, publish, and display the Contribution in connection with operating and promoting the Site. You waive any moral rights in your Contribution to the extent permitted by law.

REVIEWS

If we provide a means to leave reviews, you agree that your reviews will reflect your firsthand experience; will not contain offensive language, discriminatory content, or references to illegal activity; will not be false or misleading; and will not be posted in coordination with others to manipulate ratings. We may accept, reject, or remove reviews in our reasonable discretion. Reviews reflect the opinions of their authors and not necessarily ours.

THIRD-PARTY WEBSITES AND CONTENT

The Site may contain links to third-party websites or content. We do not control, endorse, or take responsibility for third-party websites or content. Your interactions with third parties are governed by their terms and policies, and you access them at your own risk.

SITE MANAGEMENT

We reserve the right, but not the obligation, to monitor the Site for violations of these Terms; take legal action against violators; refuse, restrict, or disable access to any Contribution or portion of the Site in our reasonable discretion; and otherwise manage the Site to protect our rights and property and to facilitate its proper functioning.

PRIVACY POLICY

Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms. The Site is hosted in the United States. If you access the Site from outside the United States, you consent to the transfer and processing of your data in the United States.

TERM AND TERMINATION

These Terms remain in effect while you use the Site. We may terminate or suspend your access at any time, in our reasonable discretion, if you breach these Terms or violate any applicable law. Sections that by their nature should survive termination, including intellectual property, disclaimers, limitations of liability, indemnification, and dispute resolution, will survive.

MODIFICATIONS AND INTERRUPTIONS

We may change, modify, or remove any part of the Site at any time without notice. We do not warrant that the Site will be available at all times. We will not be liable for any interruption, delay, or error in the Site.

GOVERNING LAW

These Terms and your use of the Site are governed by the laws of the State of California, without regard to its conflict-of-law principles.

DISPUTE RESOLUTION

INFORMAL NEGOTIATION

Before initiating any formal dispute, the parties agree to first attempt to resolve the dispute through informal negotiation for at least 30 days following written notice.

BINDING ARBITRATION

If informal negotiation does not resolve the dispute, the dispute (except those excluded below) will be finally resolved through binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules and, where applicable, its Supplementary Procedures for Consumer-Related Disputes. Arbitration will take place in Sonoma County, California, unless another location is required by the AAA Consumer Rules or applicable law. The arbitrator's decision will be binding and enforceable in any court of competent jurisdiction.

BY AGREEING TO ARBITRATION, YOU ARE GIVING UP YOUR RIGHT TO A JURY TRIAL AND YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION.

EXCEPTIONS

The following disputes are not subject to arbitration: disputes concerning the enforcement or validity of intellectual property rights; claims for injunctive relief; and small-claims court actions. Any such dispute will be brought in the state or federal courts located in Sonoma County, California, and the parties consent to the personal jurisdiction of those courts.

CLASS ACTION WAIVER

To the fullest extent permitted by law, any arbitration or court action will be conducted on an individual basis and not on a class, representative, or collective basis.

OPT-OUT OF ARBITRATION

You may opt out of the arbitration provisions of this Section by sending written notice to info@thebagelmill.com within 30 days of first accepting these Terms. Your opt-out must include your name, address, and a clear statement that you wish to opt out of arbitration.

CORRECTIONS

The Site may contain typographical errors, inaccuracies, or omissions, including with respect to descriptions, pricing, and availability. We may correct any such errors at any time without prior notice.

DISCLAIMER

THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SITE WILL BE ACCURATE, COMPLETE, UNINTERRUPTED, SECURE, OR ERROR-FREE.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY LAW, WE AND OUR DIRECTORS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY TO YOU FOR ANY CAUSE OF ACTION WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID US IN THE SIX MONTHS BEFORE THE CLAIM AROSE.

Some jurisdictions do not allow certain limitations. If those laws apply to you, some or all of these limitations may not apply, and you may have additional rights.

INDEMNIFICATION

You agree to defend, indemnify, and hold us harmless from any claim, liability, or expense (including reasonable attorneys' fees) arising out of your use of the Site; your breach of these Terms; your violation of applicable law; or your violation of the rights of a third party. We reserve the right to assume the exclusive defense of any matter for which you are required to indemnify us, and you agree to cooperate with our defense.

USER DATA

We maintain data you transmit to the Site for purposes of managing its performance. Although we perform regular backups, you are responsible for data you transmit. We are not liable to you for any loss or corruption of data.

ELECTRONIC COMMUNICATIONS AND SIGNATURES

By using the Site, you consent to receive electronic communications from us and agree that electronic agreements, notices, and records satisfy any legal requirement that they be in writing.

CALIFORNIA USERS AND RESIDENTS

We comply with the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA). For more information, see our page on California Consumer Privacy Rights.

Under California Civil Code Section 1789.3, California users are entitled to the following notice: If you have a complaint that is not satisfactorily resolved, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210 or (916) 445-1254.

MISCELLANEOUS

These Terms, together with any policies referenced herein, constitute the entire agreement between you and us regarding the Site. Our failure to enforce any right or provision will not operate as a waiver. If any provision is found unenforceable, that provision will be modified to the minimum extent necessary and the remaining provisions will remain in effect. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, or sale of assets, or otherwise with notice to you. There is no joint venture, partnership, or agency relationship between us. These Terms will not be construed against the drafter.

CONTACT US

To resolve a complaint or for further information about the Site, contact:

The Bagel Mill

212 Western Avenue

Petaluma, California 94952

Email: info@thebagelmill.com

Phone: (707) 981-8010