Terms and Conditions

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Agreement between User and buchtytogo.com

Welcome to buchtytogo.com. The buchtytogo.com website (the "Site") is comprised of various

web pages operated by Buchty To Go ("Buchty To Go"). buchtytogo.com is offered to you

conditioned on your acceptance without modification of the terms, conditions, and notices

contained herein (the "Terms"). Your use of buchtytogo.com constitutes your agreement to all such

Terms. Please read these terms carefully, and keep a copy of them for your reference.

buchtytogo.com is an E-Commerce Site selling European baked goods.

Privacy

Your use of buchtytogo.com is subject to Buchty To Go's Privacy Policy. Please review our

Privacy Policy, which also governs the Site and informs users of our data collection practices.

Electronic Communications

Visiting buchtytogo.com or sending emails to Buchty To Go constitutes electronic communications.

You consent to receive electronic communications and you agree that all agreements, notices,

disclosures and other communications that we provide to you electronically, via email and on the

Site, satisfy any legal requirement that such communications be in writing.

Your Account

If you use this site, you are responsible for maintaining the confidentiality of your account and

password and for restricting access to your computer, and you agree to accept responsibility for

all activities that occur under your account or password. You may not assign or otherwise transfer

your account to any other person or entity. You acknowledge that Buchty To Go is not

responsible for third party access to your account that results from theft or misappropriation of

your account. Buchty To Go and its associates reserve the right to refuse or cancel service,

terminate accounts, or remove or edit content in our sole discretion.

Children Under Thirteen

Buchty To Go does not knowingly collect, either online or offline, personal information from

persons under the age of thirteen. If you are under 18, you may use buchtytogo.com only with

permission of a parent or guardian.

Links to Third Party Sites/Third Party Services

buchtytogo.com may contain links to other websites ("Linked Sites"). The Linked Sites are not

under the control of Buchty To Go and Buchty To Go is not responsible for the contents of any

Linked Site, including without limitation any link contained in a Linked Site, or any changes or

updates to a Linked Site. Buchty To Go is providing these links to you only as a convenience, and

the inclusion of any link does not imply endorsement by Buchty To Go of the site or any

association with its operators.

Certain services made available via buchtytogo.com are delivered by third party sites and

organizations. By using any product, service or functionality originating from the buchtytogo.com

domain, you hereby acknowledge and consent that Buchty To Go may share such information and

data with any third party with whom Buchty To Go has a contractual relationship to provide the

requested product, service or functionality on behalf of buchtytogo.com users and customers.

No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use

buchtytogo.com strictly in accordance with these terms of use. As a condition of your use of the

Site, you warrant to Buchty To Go that you will not use the Site for any purpose that is unlawful or

prohibited by these Terms. You may not use the Site in any manner which could damage, disable,

overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site.

You may not obtain or attempt to obtain any materials or information through any means not

intentionally made available or provided for through the Site.

All content included as part of the Service, such as text, graphics, logos, images, as well as the

compilation thereof, and any software used on the Site, is the property of Buchty To Go or its

suppliers and protected by copyright and other laws that protect intellectual property and

proprietary rights. You agree to observe and abide by all copyright and other proprietary notices,

legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create

derivative works, or in any way exploit any of the content, in whole or in part, found on the Site.

Buchty To Go content is not for resale. Your use of the Site does not entitle you to make any

unauthorized use of any protected content, and in particular you will not delete or alter any

proprietary rights or attribution notices in any content. You will use protected content solely for

your personal use, and will make no other use of the content without the express written

permission of Buchty To Go and the copyright owner. You agree that you do not acquire any

ownership rights in any protected content. We do not grant you any licenses, express or implied,

to the intellectual property of Buchty To Go or our licensors except as expressly authorized by

these Terms.

International Users

The Service is controlled, operated and administered by Buchty To Go from our offices within the

USA. If you access the Service from a location outside the USA, you are responsible for

compliance with all local laws. You agree that you will not use the Buchty To Go Content

accessed through buchtytogo.com in any country or in any manner prohibited by any applicable

laws, restrictions or regulations.

Indemnification

You agree to indemnify, defend and hold harmless Buchty To Go, its officers, directors,

employees, agents and third parties, for any losses, costs, liabilities and expenses (including

reasonable attorney's fees) relating to or arising out of your use of or inability to use the Site or

services, any user postings made by you, your violation of any terms of this Agreement or your

violation of any rights of a third party, or your violation of any applicable laws, rules or regulations.

Buchty To Go reserves the right, at its own cost, to assume the exclusive defense and control of

any matter otherwise subject to indemnification by you, in which event you will fully cooperate with

Buchty To Go in asserting any available defenses.

Arbitration

In the event the parties are not able to resolve any dispute between them arising out of or

concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or

otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved

only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single

neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration

service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator's

award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the

event that any legal or equitable action, proceeding or arbitration arises out of or concerns these

Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable

attorney's fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and

Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or

indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree

that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The

entire dispute, including the scope and enforceability of this arbitration provision shall be

determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms

and Conditions.

Class Action Waiver

Any arbitration under these Terms and Conditions will take place on an individual basis; class

arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE

THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH'S

INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY

PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH

AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE

OTHER. Further, unless both you and Buchty To Go agree otherwise, the arbitrator may not

consolidate more than one person's claims, and may not otherwise preside over any form of a

representative or class proceeding.

Liability Disclaimer

THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR

AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR

TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE

INFORMATION HEREIN. BUCHTY TO GO AND/OR ITS SUPPLIERS MAY MAKE

IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.

BUCHTY TO GO AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT

THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY

OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED

GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM

EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION,

SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS

IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. BUCHTY TO GO

AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS

WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND

RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS

OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND

NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT

SHALL BUCHTY TO GO AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT,

INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR

ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES

FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY

CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY

OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR

FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE,

PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE,

OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON

CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF

BUCHTY TO GO OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE

POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT

ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL

OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF

THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO

DISCONTINUE USING THE SITE.

Termination/Access Restriction

Buchty To Go reserves the right, in its sole discretion, to terminate your access to the Site and the

related services or any portion thereof at any time, without notice. To the maximum extent

permitted by law, this agreement is governed by the laws of the State of Arizona and you hereby

consent to the exclusive jurisdiction and venue of courts in Arizona in all disputes arising out of or

relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give

effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between

you and Buchty To Go as a result of this agreement or use of the Site. Buchty To Go's

performance of this agreement is subject to existing laws and legal process, and nothing contained

in this agreement is in derogation of Buchty To Go's right to comply with governmental, court and

law enforcement requests or requirements relating to your use of the Site or information provided

to or gathered by Buchty To Go with respect to such use. If any part of this agreement is

determined to be invalid or unenforceable pursuant to applicable law including, but not limited to,

the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable

provision will be deemed superseded by a valid, enforceable provision that most closely matches

the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user

and Buchty To Go with respect to the Site and it supersedes all prior or contemporaneous

communications and proposals, whether electronic, oral or written, between the user and Buchty

To Go with respect to the Site. A printed version of this agreement and of any notice given in

electronic form shall be admissible in judicial or administrative proceedings based upon or relating

to this agreement to the same extent and subject to the same conditions as other business

documents and records originally generated and maintained in printed form. It is the express wish

to the parties that this agreement and all related documents be written in English.

Changes to Terms

Buchty To Go reserves the right, in its sole discretion, to change the Terms under which

buchtytogo.com is offered. The most current version of the Terms will supersede all previous

versions. Buchty To Go encourages you to periodically review the Terms to stay informed of our

updates.

Contact Us

Buchty To Go welcomes your questions or comments regarding the Terms:

Buchty To Go

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GILBERT, Arizona 85233-4731

Email Address:

questions@buchtytogo.com

Telephone number:

(520)477-8644

Effective as of August 31, 2022