Last updated: March 21, 2023
Purchase Terms & Conditions
User’s Acknowledgment & Acceptance of Terms
BY COMPLETING YOUR PURCHASE, YOU ARE CONSENTING TO THESE TERMS AND CONDITIONS:
Throughout these Terms, “We”, “Us”, “Our” and “Company” refer to Crumb Cakery, LLC dba Crumb Cakery™. Crumb Cakery, LLC and you ( “User”, “Purchaser”, “You”, “Your”) conditioned upon your acceptance of all terms, conditions, policies, and notices stated here for the purpose of any digital product purchase through this website at crumbcentraloregon.com, Crumb Cakery’s Stan Store, or any related domains or subdomains selling Crumb Cakery’s digital products (the “Sites”).
By visiting this site and/or purchasing a digital course/product from this site, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms of Use”, “Terms and Conditions”, “Terms”), including those additional terms and conditions and policies referenced here and/or available by hyperlink. These Terms apply to all users, including, without limitation, users who are browsers, vendors, customers, merchants, and/or contributors of content. If at any time You do not agree with these Terms or find them otherwise unacceptable, please discontinue use of Our Site(s) and Our Product(s) immediately.
Please read these Terms carefully before purchasing and accessing the online course/digital product. By accessing or using any part of the site/service, you agree to be bound by these Terms. If you do not agree to all the terms and conditions of this Agreement, then you may not access the course, website, or use any services. No refunds will be given. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
We reserve the right to update, change, or replace any part of these Terms by posting updates and/or changes to our platform/course hosting platform/website. It is your responsibility to check the appropriate page periodically for changes. Your continued use of or access to the digital course/product following the posting of any changes constitutes acceptance of those changes.
Scope of Product Purchase Agreement
Our “Products” include but are not limited to: forms, templates, communications, guides, online courses, workshops, and any other documents for paid purchase on these Sites.
Intellectual Property
All Products are the intellectual property of and are owned by Crumb Cakery, LLC.
This Site and Service contain intellectual property owned by Crumb Cakery LLC, including, but not limited to, trademarks, copyrights, proprietary information and other intellectual property as well as the Crumb Cakery LLC name, logo, all designs, text, graphics, digital products, other files, and the selection and arrangement of such. By purchasing our product and/or Services, you are hereby granted one revocable, limited, non-assignable, non-exclusive license to the Product, course and/or Services that you purchased.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works based on, distribute, display, reproduce, or perform, or in any way exploit in any format whatsoever any of the Site, Service Content, Course and Program Materials, or other intellectual property, in whole or in part without our prior express and written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
(a) Crumb Cakery™ is a trademark exclusively owned by Crumb Cakery, LLC.
(b) No Resale of Services Permitted. You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Site and/or products purchased via the Site (including training materials), use of the purchased materials/products, or access to any course or products purchased. This agreement and all product(s) purchased are not transferable or assignable without the Company’s prior written consent.
(c) You agree to not share access to the digital product(s) purchased or other proprietary materials with others. This includes parties that have not purchased the products, or any other third-party that Company has not authorized access to. If you violate these Terms, such as giving or selling a copy of our products and/or services to others, you agree to pay for the license of the purchased goods or services that you gifted or sold to others and we reserve the right to revoke your license and terminate your access to our goods or services, temporarily or permanently.
Age of Majority
By agreeing to these Terms or using the Sites, any Products, services or applications for which You tender payment or otherwise obtain through the Sites, You warrant that You are at least 18 years of age and are otherwise legally able to enter into a valid contract in your state, jurisdiction, or province of residence, and you have given Us your consent to allow any of your minor dependents to use this site. Children under the age of 18 are prohibited from using the Site, Product and/or Service(s).
License to Use Product(s) and Service(s)
So long as You comply with this Terms of Use, Crumb Cakery, LLC grants You a ONE revocable, worldwide, non-exclusive, non-transferable license to download, view, edit, copy and print the Product(s) You purchase solely for Your individual use with respect to Your business clients or similar business use, and which is not to include any reproduction, copying, or any other use of the Product(s) or information for resale or distribution (“Permitted Use”), provided that You: (1) abide by all copyright protections afforded to the Product(s), both as formally registered with the U.S. Copyright Office and as otherwise provided by law; (2) abide by all trademark protections afforded to the Product(s), both as formally registered with the U.S. Patent and Trademark Office, a state trademark authority, or as otherwise provided by common law; (3) do not use the Product(s) or otherwise offer them on any other website, through a networked computer environment, or otherwise offer them for distribution or sale or in any manner inconsistent with Permitted Use as provided by these Terms; and (4) do not modify the Product(s) in any way beyond edits and completions necessary to complete template forms and other Product(s) consistent with Permitted Use provided by these Terms.
If you violate this license by giving or selling a copy of our template(s) to any third party, We reserve the right to invoice you for the licenses you have gifted to others, revoke your access to our template(s) permanently, and/or sue for any and all damages.
Such permission to modify Product(s) consistent with Permitted Use in no way expands the limited license provided herein, nor does grant You intellectual property ownership in, or provide a general right to modification of, the Product(s).
Purchase Terms & Refund Policy
ALL PRODUCTS AND SERVICES ARE NON-REFUNDABLE UNDER ANY CIRCUMSTANCE UPON PURCHASE DUE TO THE IMMEDIATE NATURE OF DELIVERY OF THE DIGITAL PRODUCT(S) TO YOUR EMAIL ADDRESS AND IMMEDIATE ACCESS TO CONTENT OF THE PRODUCTS.
You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Site and/or Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You agree to not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of these Terms will result in an immediate termination of your Services.
If you have selected a payment plan option, you understand and agree that all payments are to be made on time. If there is delay in payment, Company reserves the right to bill you a late fee of 2% each week, based on the remaining balance due under the payment plan. Payment plans are provided for your convenience and are not to be construed as a subscription service. You understand that regardless of any attempt to request a refund or terminate your purchase after accessing the product(s), you remain responsible for any remaining payments in the payment plan.
You agree to not dispute any charges at any time. In the event that you inadvertently dispute a charge made to your account in connection with a purchase made through this website, you agree to immediately cancel/withdraw such a dispute. You understand that disputing a charge through your financial institution is a violation of this Agreement and you agree to not do so. You are responsible for any fees, including attorneys' fees, associated with recouping payment on outstanding payment and/or disputes and any collection fees associated with such an event. We reserve the right to forward any payment disputes to a collection’s agency.
No Warranties
CRUMB CAKERY, LLC PRODUCT(S) ARE PROVIDED “AS IS”. THE COMPANY OFFERS NO WARRANTY, EXPLICIT OR IMPLIED, REGARDING ANY FORMS, GUIDES, OR TEMPLATES, THE ACCURACY OF ANY INFORMATION, OR ANY RIGHTS OR LICENSES UNDER THIS AGREEMENT INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. OBTAINING MATERIALS AVAILABLE THROUGH THESE SITES IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. CRUMB CAKERY, LLC MAKES NO WARRANTY THAT THE SITES, PRODUCTS OR MATERIALS WILL BE ACCURATE AND RELIABLE IN ALL INSTANCES.
Limitation of Liability and Indemnification
In no event shall Company be liable under this Agreement to Purchaser or any other third party for consequential, indirect, incidental, special, exemplary, punitive, or enhanced damages, arising out of, relating to, or in connection with any breach of this Agreement, regardless of (a) whether such damages were foreseeable and (b) whether or not Purchaser was advised of such damages.
You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third-party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site, Course, Products, or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent.
Maximum Damages
The sole remedy for any actions or claims shall be limited to and shall not exceed the total monies paid by Purchaser for the Product(s) it purchased under this Agreement from Company.
No Guarantees
Company does not make any guarantees as to the results, including financial or other personal or business gains, of any Product(s) or Services(s) purchased by Purchaser.
(a) We cannot guarantee any outcome of using or consuming the digital course/product, the Services, and/or participation in any Program. We make no guarantees other than that the course/product/service described in the product/service description shall be reasonably provided to you in accordance with this Agreement. You acknowledge that Company cannot guarantee any results of the Products/Services/Program as such outcomes are based on subjective factors (including, but not limited to, your participation/implementation/etc.) that cannot be controlled by Company. Any testimonials or reviews shared by Company are not a representation of guaranteed results, only possible results. User not achieving his or her desired results is not grounds for a refund, partial or otherwise.
(b) Company may provide (on its website or via email, for example) affiliate links under which Company may benefit monetarily. Company in no way guarantees the quality of product or service provided by any third-party and bears no liability with respect to such service or experience.
Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the Parties, supersedes any other written or oral agreements between the Parties, and any modifications must be in writing, signed by both Parties, and physically attached to the original agreement.
Venue and Jurisdiction
This Agreement shall be governed by and construed in accordance with the laws of the State of Oregon including all matters of construction, validity, performance, and enforcement and without giving effect to the principles of conflict of laws. The Parties agree that any dispute or lawsuit arising out of, or concerning, this Agreement shall be resolved exclusively in a federal or state court of competent jurisdiction located in Deschutes County, Oregon. The Parties assume responsibility for their own collection costs and legal fees incurred should enforcement of this Agreement should it become necessary.
Arbitration
Any and all disputes or disagreements rising between the Parties out of this Agreement upon which an amicable understanding cannot be reached, shall be decided by arbitration in accordance with the procedural rules of the American Arbitration Association. The Parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in [county, state], unless another location is mutually agreed to by the Parties. The cost and expenses of the arbitrators shall be shared equally by the Parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
Severability & No Waiver
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both Parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this Agreement.
Transfer
This Agreement cannot be transferred or assigned to any third party by the Purchaser without the consent of the Company.
Account Creation
In order to use the Service/Site, you may be required to provide information about yourself including your name, email address, username, password, and other personal information. You agree that any registration information you give to Crumb Cakery, LLC will always be accurate, correct, and up to date. You agree to not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction. In the event that your account is compromised, you agree to notify us in writing (via email to crumbcakerysocial@gmail.com) immediately and change your password. Any violation of these terms are grounds for removal and banishment from the site at our discretion. No refunds, partial or otherwise, will be provided in this type of situation.
Product Description
We endeavor to describe and display the Site, Product and/or Service as accurately as possible. While we try to be as clear as possible in explaining the content of our products, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.
Products or Services
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the product or Service will be corrected.
Personal Information
Your submission of personal information through the store is governed by our Privacy Policy. To view our Privacy Policy, visit: https://assets.stanwith.me/legal/privacy-policy.pdf
Modification of the Service and Prices
Prices for our Services and Products are subject to change without notice.
We reserve the right at any time to modify or discontinue the Service or Products (or any part or content provided) without notice at any time.
We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of the Service.
Non-Disparagement
You agree to refrain from making any statements or comments of a defamatory, derogatory or disparaging nature, either publicly or privately, to any third-party regarding Company, or any of Company’s officers, directors, employees, personnel, agents, policies, services or products, other than to comply with law. This also includes directing others to do so. This provision in no way restricts your ability to communicate reviews or performance assessments about Company’s goods or services. This section survives termination.
Confidentiality
(a) Your Information. Please refrain from sending Company and its representatives any confidential information. If there is a private group environment included in your purchase (for example, Facebook Group or Mighty Networks Group) you understand and agree to not publish any information in any such community with any expectation of privacy or confidentiality.
Changes to Posted Terms
We may at any time amend these Terms of Use. Such amendments are effective immediately upon notice to you by us posting the new Terms on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms.
Recovery of Litigation Expenses
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
Severability
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.
Assignment
These Terms and Conditions bind and insure to the benefit of the Parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub-licensable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Errors & Omissions
The Site may contain typographical errors or inaccuracies, and may not be current or complete. We reserve the right to correct these errors, inaccuracies, or omissions at any time without prior notice. We also make no representation or warranty as to the information provided, regardless of its source. We disclaim all liability for any inaccuracies, errors or omissions in the Site.
Testimonial Disclaimer
Our Site, Products, and/or Services may contain testimonials by users of our Site or former customers or our Products and/or Services. The views and opinions expressed in these testimonials are solely those of the individual or business and do not reflect our views or opinions. We do not pay or compensate these individuals or businesses for their testimonials and are not affiliated with them. Individual results may vary, and testimonials are not intended to represent or guarantee that you or anyone will achieve the same or similar result. All testimonials are provided by real persons with real life experiences, and may not represent a typical user’s experience. We do not claim, and you should not assume, that all users will have the same results or experiences as those expressed in the testimonials. Your individual results may vary.
Earnings Disclaimer
Any earnings or income/financial claims or examples shown on our Site, Product and/or Services are only estimates of what is possible now or in the future. We make no income/financial claims or guarantees of any kind regarding financial outcomes or potential income based on your use of our Site, Products and/or Services (or our affiliate program). We make no guarantees that you will earn any money using any of our Content and your income or earnings are solely dependent on your actions or non-actions.
Feedback/Reviews
Any communication from you that is directed to us or is about us will not be privileged or confidential and may be shared with third-parties, subject to the Stan Store’s Privacy Policy https://assets.stanwith.me/legal/privacy-policy.pdf). We own such communication from you and any such communication displayed on our Site, Products and/or Services, including without limitation social media posts, direct messages and emails and we will not provide credit to or pay royalties to any such unsolicited user content. We reserve the right to republish and use any such communication provided by you in whole or in part as necessary in our business operations and course of business. You agree to not communicate with us for any unlawful or illegal purpose.
Revisions to Terms
These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms
