Flour & Branch
Terms and Conditions of Use

1. Acceptance of Terms

1.1
FLOUR & BRANCH, LLC, a California limited liability company, doing business as F & B Bakes (referred to as the "FLOUR & BRANCH”, “Company”, "us”, or “we”), makes available the website FlourAndBranch.com (referred to as the “Site”), providing artisan baked goods and food products, wrapped in gift packaging, shipped in accordance with the user’s specification, and discussion forums for the same, subject to the user's compliance with the following Terms and Conditions of Use (“Terms”), as well as any other written agreements between the Site and the users.

FLOUR & BRANCH does not offer any alcoholic beverages or alcoholic products. Please keep all FLOUR & BRANCH products keep out of reach of pets and unsupervised children.

FLOUR & BRANCH’s products are baked goods and food products meant to be enjoyed for enjoyment’s sake. None of the information or products discussed in this material or on the Site are intended to diagnose, treat, mitigate, cure, or worsen any disease or health conditions. FLOUR & BRANCH does not offer medical, health, or health care products. Please seek proper medical professional advice for any matter related to your well-being or health when ingesting any new food products.

All information presented here is only directed to persons 18 years and older. Products sold on this site is intended for persons 18 years and older. By purchasing, you must agree to adhere with local, state and federal regulations governing the purchase and shipment of perishable food products.

1.2
We reserve the right to change these Terms from time to time with or without notice to you. You acknowledge and agree that it is your responsibility to periodically review this Site and these Terms. Your continued use of this Site after such modifications will constitute acknowledgement and acceptance of the modified Terms.

1.3
As used in these Terms, references to our “Affiliates” include our owners, licensees, assigns, subsidiaries, affiliated companies, officers, directors, partners, sponsors, advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site.

1.4
BY USING THIS SITE, YOU ACKNOWLEDGE THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OF AGE AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE NOT AT LEAST EIGHTEEN (18) YEARS OF AGE OR DO NOT WISH TO BE BOUND BY THESE TERMS, PLEASE EXIT THE SITE. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THIS SITE OR THESE TERMS IS TO CEASE USING THE SITE.

1.5
You acknowledge and agree that:

i. While product quality and care is of the utmost importance with FLOUR & BRANCH, FLOUR & BRANCH does not warrant that the products you may order through the Site will be suitable for any intended purpose;

ii. You will read the information available on any enclosures, attachments, packaging and any inserts of the products sold through the Site, including any licenses, instructions, warranties, warnings, and precautions for proper use of the products, and will use the products only as instructed;

iii. Your use of the products sold through the Site is at your sole risk;

iv. FLOUR & BRANCH reserves the right to limit quantities of the products you purchase through the Site, for any reason and at our sole discretion.

2. Offerings

2.1 Offerings
FLOUR & BRANCH provides a number of Offerings for users on its Site, including, but not limited to baked goods and food products and public communication forums regarding said baked goods and food products.

2.2 No Guarantee
Although FLOUR & BRANCH works hard to provide quality Offerings safe for human consumption, you understand and acknowledge that we cannot promise or guarantee specific results from using the Site or Offerings available on this Site.

2.3 Purchase Policies
Please refer to our DELIVERIES page for the terms, conditions, and policies applicable to your ordering and purchasing of products from the Site as well as and shipping of products ordered from the Site. Our Purchase Policies apply to all purchases or orders made as a result of using the Site, and by ordering or purchasing products through the Site, you acknowledge and agree to the policies contained in the Purchase Policies. Please review our Purchase Policies for any changes before any purchase as we reserve the right to change the Purchase Policies at any time. If you have any questions regarding our Purchase Policies, please contact us at info@flourandbranch.com.

2.4 Temporary Interruptions
You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You also understand and agree that we have no control over the third-party networks or service(s) that we may use to provide you with Offerings. You agree that the Offerings available on this Site are provided "AS IS", unless otherwise indicated on or with the specific Offering, and that we assume no responsibility for the timeliness, deletion, mis-delivery, rejected/returned payment, or failure to store any user communications, material posted by you, or personalization settings.

2.5 Tax Implications
FLOUR & BRANCH sends Offerings at your direction and based on your direct and indirect selections. Please consult your tax professional or your federal, state, and local tax authorities for any tax implications that may arise. You are solely responsible for paying any applicable taxes.

2.6 Refunds and Returns
If the Offerings are not received or are received damaged, a refund may be issued per FLOUR & BRANCH’s Purchase Policies.

3. Information

3.1
All information provided on this website is for informational, communication, and online purchases only. We do invite you to bring to our attention any material on our website that you believe to be inaccurate; please forward a copy of such material and the reasons for your belief to info@flourandbranch.com.

3.2
You understand and acknowledge that we cannot promise or guarantee specific results from using the Site. Further, as comments and/or media may be posted or communicated by other users of the Site, we are not responsible for their content or services offered.

3.3
You understand and agree that temporary interruptions of the Site may occur as normal events that are out of our control. You agree that the information available through this Site is provided “AS IS” and that we assume no responsibility for the timeliness, deletion, or mis-delivery of, or failure to store, any user communications or material uploaded by you.

4. Third-Party Sites and Information

This Site may feature, redirect, or link to other websites or advertisers on the Internet, or may otherwise include references to information, products, or services made available by unaffiliated third parties, including users of the Site. While we make every effort to work with trusted, reputable providers and enforce these Terms with users of the Site, from time to time, such sites or advertisements may contain information, material, or policies that some may find inappropriate or personally objectionable. You understand that we are not responsible for the accuracy, completeness, decency or legality of material hosted by third party websites, nor are we responsible for errors or omissions in any references made on those websites. FLOUR & BRANCH has no control over these websites and content and therefore you acknowledge that FLOUR & BRANCH is not responsible for the availability of such links, resources and content, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials made available on or from these linked web sites. The inclusion of such a feature, link, or reference is provided merely as a convenience and does not imply endorsement of, or association with the Site or party by us, or any warranty of any kind, either express or implied. You also acknowledge and agree that FLOUR & BRANCH is not responsible or liable, directly or indirectly, for any damage or loss caused by or alleged to have been caused by or in relation to the use of content, goods, or services offered through these links, for any intellectual property, or other third party claims relating to use of or access to such links.

5. Site Conduct, Posting Policies & No Endorsement

5.1 User Comments
You understand that FLOUR & BRANCH does not regularly inspect, endorse, or provide any of the user reviews, feedback, or opinions featured and referenced through the Site. FLOUR & BRANCH may provide the user with the functionality to add comments for public display and blogging, namely, creating and sharing reviews, feedback, and opinions with other users. Any legal claim related to a service, products, review, blog, or media provided by a user or third-party provider must be brought directly against said user or provider. You release FLOUR & BRANCH from any claims related to said services, goods, reviews, blogs, or media, including any claims for breach of contract or agreement, misrepresentations by said providers, or any other claim arising out of or related to goods, services, or subject matter referenced on the Site.

5.2 User-Created Submissions Guidelines
Your use of the Site is subject to all applicable laws and regulations, and you are solely responsible for any comments, information, advertisement, pictures, media, communications, ideas, or other material that you upload or submit to the Site or transmit to other users or individuals/entities featured or found through use of the Site (“Submissions”). By transmitting Submissions, you agree that you will not transmit or upload any Submissions that:

i. Are unlawful, threatening, abusive, harassing (including but not limited to “trolling”), defamatory, deceptive, disruptive, inaccurate, false, fraudulent, tortious, vulgar, invasive of another's privacy, or include graphic descriptions of sexual or violent content;

ii. Contain violent, nude, partially nude, discriminatory, unlawful, infringing, hateful, pornographic, or sexually suggestive photos or other content;

iii. Victimize, harass (including, but not limited to “trolling”), degrade, discriminate against, or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;

iv. Victimize, harass (including, but not limited to “trolling”), degrade, discriminate against, or intimidate an individual or group of individuals, in any way, as deemed by FLOUR & BRANCH;

v. Infringe on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party, including but not limited to that of any other user;

vi. Contain any form of malicious code, files, programs, or other data or content that are designed or intended to disrupt, damage, or limit the functionality of any software, hardware, or telecommunications equipment or otherwise causes damage, or allow you to obtain unauthorized access to any data or other information of any third party;

vii. Breach the security of, compromise, or otherwise allow access to secured, protected, or inaccessible areas of this Site, or attempt to gain access to the Site’s network or server;

viii. Impersonate any person or entity, including any other users or our employees or representatives;

ix. Promote or encourage any type of criminal or illegal activity, including but not limited to, child pornography or the use of illicit drugs;

x. You know or reasonably should know cannot be distributed legally, or are for any illegal or unauthorized purpose;

xi. Data mine or use FLOUR & BRANCH to collect usernames, e-mail addresses, or other user data by electronic or other means; or

xiii. Offer to sell any goods or services or advertise any goods or services for any purpose in any forum, without FLOUR & BRANCH’s written authorization.

5.3 No Endorsement
We neither endorse nor assume any liability for any Submissions submitted by you or other users through or on any part of the Site. We and our agents reserve the right to remove or refuse to display any and all Submissions in our sole discretion and without prior notice to you. We are not responsible for any failure or delay in removing or refusing to post any Submissions.

FLOUR & BRANCH is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to any user submissions. You further understand and acknowledge that you may be exposed to user submissions that are 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 FLOUR & BRANCH with respect thereto, and agree to indemnify and hold FLOUR & BRANCH, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to your use of the site.

If you have a dispute with one or more users, you agree to release FLOUR & BRANCH (and our officers, directors, agents, subsidiaries, joint ventures and employees) from any claims, demands, and damages, in any way connected with the dispute.

5.4 Personal Safety
FLOUR & BRANCH and the Site are not meant nor intended for or meant for any user networking or direct user-to-user communication. FLOUR & BRANCH strongly advises you to use extreme caution before sharing personally identifiable information with other users of this website or any other individual or entity found through use of the Site. Whether to contact another user or party is at your sole discretion and you do so at your own risk. FLOUR & BRANCH does not conduct criminal background checks on or screenings of its users, entities, or products listed on the Site. FLOUR & BRANCH also does not inquire into the backgrounds of its members or users, featured individuals/entities, or attempt to verify the statements of its members or featured individuals/entities but reserves the right to conduct any criminal background check or other screenings (such as sex offender register searches), at any time and using available public records. You represent that you have never been convicted of a felony and that you are not required to register as a sex offender with any government entity.

FLOUR & BRANCH cannot and does not assure that it is safe for you to have direct contact with other users of this Site or other individuals or entities found with the use of the Site. Current technological developments make it possible for users of the Internet to obtain personal information about, and locate, other users, with very little other information. If you believe that any user of this Website is harassing you or is otherwise using personal information about you for unlawful purposes, we encourage you to first inform local law enforcement authorities and then to contact us via info@flourandbranch.com so that we may take appropriate action to block further use of the Site by any user who is using the Site and information obtained from it for improper purposes.

6. The Company’s Intellectual Property

6.1 Content
For purposes of these Terms, “content” is defined as any information, communication, published work, photo, video, graphic, music, sound, or other material that can be viewed by users on our Site and is owned by us, our Affiliates or our licensors including, but not limited to, the Company’s trademarks and service marks.

6.2 Ownership of Content
All content on the Site is subject to intellectual property rights, contractual, or other protection. The intellectual property rights are owned by us or our licensors. No content may be copied, distributed, republished, uploaded, posted or transmitted in any way except as provided expressly in these Terms or with our prior express written consent. Any use of the content other than as permitted by these Terms or any other unauthorized use of the content may make you liable to us or our licensors for violation of intellectual property rights.

6.3 Site Use
We grant you a limited, revocable, nonexclusive license to use the content on the Site solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You may not use any content from the Site for commercial use. You agree not to copy the Site or content located on the Site; to reverse engineer or break into the Site; to data mine or compile a database of Site data or users; or to use content, products, or services in violation of any law. Any use of the Site or the content contained therein other than as specifically authorized in the Agreement, without our prior written permission is strictly prohibited and will terminate the license granted herein. Unless explicitly stated herein, nothing in the Agreement shall be construed as conferring to you, whether by implication, estoppel, or otherwise, any title or ownership of, or exclusive use-rights to, any intellectual property or other right and any goodwill associated therewith. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site at any time and to block or prevent your future access to, and use of, the Site.

6.4 No Warranty for Third-Party Infringement
Neither we nor our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site will not infringe the rights of other users of the Site or of third parties.

6.5 Trademarks
Our trademarks or service marks include, but are not limited to, FLOUR & BRANCH, and related logos. All custom graphics, icons, logos and service names are trademarks or service marks of our corporation or our Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms grants you any right to use any trademark, service mark, logo, and/or our name, or those of our Affiliates and our licensors.

7. Your Intellectual Property

7.1 Your Intellectual Property Rights
Subject to our Privacy Policy, any Submissions will be treated as non-confidential. While you retain all rights to the Submissions, you grant us (including our employees and Affiliates) a non-exclusive, paid-up, perpetual, non-exclusive, and worldwide license to copy, distribute, display, publish, translate, adapt, modify, and otherwise use the Submissions on the Site and to effectuate our business (including without limitation, for advertising, promotion, or generating revenue through advertising on your Submissions) without incurring any liability for royalties or any other consideration of any kind, and that we will not incur any liability as a result of any similar content that may appear on the Site or in our future operations or business.

7.2 Copyright Notice
We respect the intellectual property rights of others and we ask you to do the same. In instances where we are notified of alleged infringing content or Submissions, a decision may be made to remove or disable access to such content or Submissions, in compliance with the safe harbor provisions of the Digital Millennium Copyright Act, 17 U.S.C. § 512(c).

If you believe that you or someone else's copyright has been infringed by content or Submissions provided on this Site, you (or the owner or rights holder, collectively, “Rights Holder”) should notify us immediately. Prior to sending us notice, the Rights Holder may wish to consult a lawyer to determine their rights and legal obligations under the DMCA and any other applicable laws. Nothing here or anywhere on this Site is intended as a substitute for qualified legal advice. To file a Notice of Infringing Material, we ask that the Rights Holder provide the following information:

i. Reasonably sufficient details about the nature of the copyrighted work in question, or, in the case of multiple alleged infringements, a representative list of such works. This should include, title(s), author(s), any U.S. Copyright Registration number(s), URL(s) etc.;

ii. Reasonably sufficient details to enable us to identify and locate the material that is allegedly infringing the Rights Holder’s work(s) (for example, file name or URL of the page(s) that contain(s) the material);

iii. The Rights Holder's contact information so that we can contact them (including for example, the Rights Holder's address, telephone number, and email address);

iv. A statement that the Rights Holder has a good faith belief that the use of the material identified above in Section 7.2(ii) is not authorized by the copyright owner, its agent, or the law;

v. A statement, under penalty of perjury, that the information in the notification is accurate and that the Rights Holder is authorized to act on behalf of the copyright owner; and

vi. The Rights Holder's signature or electronic signature.

Notice may be sent to our Designated Agent at: info@flourandbranch.com

7.3 Removal of Content
You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our Site without liability to you or any other party.

7.4 Confidential Information
As stated above, all communications sent by you to us will be treated as non-confidential (subject to our Privacy Policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) which you do not wish to be displayed on the Site unless we have mutually agreed in writing otherwise.

8. Privacy & Security

8.1 Login Required
Browsing our Offerings and purchases do not require registration. In order to utilize saved payment information and purchase the goods featured on the Site, you are required to set up and register an account and password.

Our account registration page requests certain personal information from you (“Registration Info”). You will have the ability to maintain and periodically update your Registration Info as you see fit. By registering, you agree that all information provided by you as Registration Info is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.

8.2 Passwords & Security
If you register for an account on the Site, you agree that you are responsible for maintaining the security and confidentiality of your password and that you are fully responsible for all activities that occur under your account. Therefore, you must take reasonable steps to ensure that others do not gain access to your password and account. Our employees will never ask you for your password.

8.3 Personally Identifiable Information
We caution you against giving out any personally identifying information about yourself or anyone else in your Submissions. In an effort to preserve your privacy, we agree to treat any personally identifying information that you submit through the Site in accordance with the terms outlined in our Privacy Policy.

9. Disclaimer

9.1
ALL CONTENT ON THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE CONTENT WILL MEET YOUR REQUIREMENTS, OR (B) THE CONTENT OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. FLOUR & BRANCH WILL NOT BE LIABLE FOR ANY VIRUSES OR OTHER MALWARE TRANSMITTED TO OR THOUGH THIS SITE BY ANY THIRD PARTY. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM THE COMPANY OR THROUGH OR LINKED FROM THE SITE SHALL CREATE ANY WARRANTY, EXPRESS OR IMPLIED.

9.2
FLOUR & BRANCH DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR FEATURED IN ANY BANNER OR OTHER ADVERTISING. FLOUR & BRANCH WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

9.3
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE CONTENT OF THIS SITE AT ANY TIME WITHOUT NOTICE. THE CONTENT OR INFORMATION AVAILABLE AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH CONTENT OR INFORMATION.

9.4
WE RESERVE THE SOLE RIGHT TO EITHER MODIFY OR DISCONTINUE THE SITE, INCLUDING ANY FEATURES THEREIN, AT ANY TIME WITH OR WITHOUT NOTICE TO YOU. WE SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY SHOULD WE EXERCISE SUCH RIGHT. MODIFICATIONS MAY INCLUDE, BUT ARE NOT LIMITED TO, THE ADDITION OF FREE OR FEE-BASED SERVICES OR CHANGES TO LIMITATIONS ON ALLOWABLE CONTENT, FILE SIZES, OR FILE TYPES. ANY NEW FEATURES THAT AUGMENT OR ENHANCE THE THEN-CURRENT SERVICES ON THIS SITE SHALL ALSO BE SUBJECT TO THESE TERMS OF USE.

9.5
SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

10. Limitation of Liability & Indemnification

10.1
THIS SITE IS PROVIDED AS A PLATFORM FOR PROVIDING ARTISAN BAKED GOODS AND FOOD PRODUCTS, WRAPPED IN GIFT PACKAGING, SHIPPED IN ACCORDANCE WITH THE USER’S SPECIFICATION, AND DISCUSSION FORUMS FOR THE SAME. THE COMPANY AND ITS AFFILIATES DO NOT REPRESENT ANY USER OF THE SITE OR ANY OTHER BUSINESS FEATURED ON THIS SITE. IN NO EVENT SHALL WE OR OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFIT LOSS; YOUR PARTICIPATION IN ACTIVITIES BASED ON THE CONTENT FEATURED ON THE SITE; YOUR USE OF THE INFORMATION OR CONTENT CONTAINED ON THE SITE OR PROVIDED ON THE SITE; OR YOUR RELIANCE UPON THE ACCURACY OF INFORMATION CONTAINED ON THE SITE, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEBSITE REFERENCED OR LINKED TO FROM THIS SITE, SHOULD YOU INCUR DAMAGES AS A RESULT OF THE USE OF PRODUCTS, SERVICES, OR INFORMATION FEATURED ON THE SITE. PLEASE REFER TO THE SPECIFIC INFORMATION PROVIDED WITH THE OFFERING FOR ANY WARRANTY INFORMATION.

YOU AGREE THAT THE COMPANY (AND ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER RELATED PARTIES) IS NOT RESPONSIBLE FOR ANY DAMAGES WHATSOEVER RESULTING FROM YOUR PARTICIPATION IN THE ACTIVITIES FEATURED ON THE SITE OR THE GOODS PURCHASED THROUGHT THE SITE. YOU HEREBY AGREE TO INDEMNIFY AND HOLD HARMLESS THE COMPANY (AND ITS AFFILIATES, AGENTS, EMPLOYEES, ASSIGNS, MANAGERS, DIRECTORS, MEMBERS, AND ALL OTHER RELATED PARTIES) FROM ANY AND ALL CLAIMS AND/OR LIABILITIES RESULTING FROM YOUR PARTICIPATION THEREIN.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. PLEASE CONSULT THE LAWS IN YOUR JURISDICTION.

10.2
You agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorneys' fees, that may arise from your use or misuse of this Site or any of the content contained therein. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

11. Termination of Use

11.1 Grounds for Termination
You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Site with or without notice and for any reason, including, without limitation, breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Site, and reporting you to the proper authorities, if necessary.

11.2 No Right to Services Upon Termination
Upon termination and regardless of the reasons motivating such termination, your right to services and/or the Site will immediately cease. We shall not be liable to you or any third party for any claims for damages arising out of any termination or suspension or any other actions taken by us in connection therewith.

11.3 Voluntary Termination
Users may voluntarily terminate the Site and cancel their registration by requesting termination via e-mail at info@flourandbranch.com.

12. Miscellaneous Provisions

12.1 International Use
Although this Site may be accessible worldwide, the Site is intended for access within the United States; those who choose to access this Site from other locations do so on their own initiative and at their own risk. If you choose to access this Site from outside the United States, you are responsible for compliance with local laws in your jurisdiction, including but not limited to, the taxation of products purchased over the Internet. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.

12.2 Governing Law
This Site (excluding any third-party websites) is controlled by us from our offices in California, and the statutes and laws of the State of California shall be controlling, without regard to the conflicts of laws principles thereof. You specifically consent to exclusive personal jurisdiction in San Francisco, California in connection with any dispute between you and the Company arising out of these Terms. Any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, shall be determined by the state or federal courts in San Francisco County, California.

In any proceeding regarding the Site, Offerings, or the Terms, the prevailing party shall be entitled to receive from the other party its attorneys' fees and costs incurred in connection with any proceeding and the enforcement of any award.

12.3 Arbitration
All claims and disputes arising under or relating to these Terms are to be settled by binding arbitration in the state of California. The arbitration shall be conducted on a confidential basis pursuant to the rules of JAMS (Judicial Arbitration and Mediation Services). Any decision or award as a result of any such arbitration proceeding shall be in writing and shall provide an explanation for all conclusions of law and fact. An award of arbitration may be confirmed in a court of competent jurisdiction. The prevailing party shall be entitled to receive from the other party its attorneys’ fees and costs incurred in connection with any arbitration proceeding and the enforcement of any award.

12.4 Notices
All notices to the Company shall be in writing and shall be sent to info@flourandbranch.com. You agree to allow us to submit notices to you using the email address provided by you in the Registration Info or directly provided to FLOUR & BRANCH via e-mail. Any notices or communication under these Terms will be deemed delivered to the party receiving such communication on the delivery date when transmitted by email.

12.5 No Resale Right
You agree not to sell, resell, reproduce, duplicate, distribute, copy, or use for any commercial purposes any portion of this Site, or use of or access to this Site or services provided through this Site, beyond the limited rights granted to you under these Terms.

12.6 Force Majeure
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of marketing tools available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to: labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

12.7 Savings Clause
If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties and the remaining portions shall remain in full force and effect.

12.8 No Waiver
Any failure by us to enforce or exercise any provision of these Terms or related rights shall not constitute a waiver of that right or provision.

12.9 Entire Agreement
These terms of use and our privacy policy constitute the entire agreement and understanding between the parties concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms may NOT be altered, supplemented, or amended by the use of any other document(s). To the extent that anything in or associated with this Site is in conflict or inconsistent with these Terms, these Terms shall take precedence.