By entering this website and related services, You (the "User") agree to the following terms and conditions with US Cake, ("We," or "the US Cake website") reserves the right to add, delete, or revise these terms and conditions at our sole discretion. All revisions will take effect immediately upon posting at this site or through any other reasonable means of notification, unless otherwise directed. Continued use of this site by you shall be deemed to constitute acceptance of all revisions. Users are responsible for regularly reviewing the conditions and terms of this Site Use Agreement.
You will use this site for legitimate purposes, in accordance with appropriate local, State and Federal Laws and Regulations. It is the User's responsibility to abide by all applicable laws and regulations. If, for any reason, any part of this Site Use agreement is disallowed in the jurisdiction of the User, You acknowledge the enforceable terms remain in effect, and that those which are disallowed shall be enforceable to the fullest extent of the applicable law. No advice or information, whether oral or written, obtained by a User from this site, its officers, directors, employees or agents, shall create any warranty not expressly made herein.
In posting any information, You will not submit any content that infringes upon a third party's contractual or property rights or any content that is illegal, false, misleading, defamatory, harassing, abusive or otherwise objectionable in nature. You agree that any content which is posted by You in violation of a third party's contractual or proprietary rights is done so by the User in direct contravention of this site Use Agreement, whether we are aware of the content or not, and You assume all responsibility for any litigation which may result from such a posting, including, but not limited to damages, reasonable attorney's fees, and costs. Nor will You transfer any files, programs or e-mails containing any viruses, Trojan horses, worms, or other computer programming routines that may harm, corrupt, expropriate information from, or place a disproportionately large burden on the website, it's files or databases, or those of its Members.
You will not access or tamper with non-public areas of this site, or postings of other members or their files without the express, written authorization of this site.
You will not frame this site site without the express, written permission of TCPGlobal.
The terms and conditions of this Site Use Agreement are non-transferable, non-assignable, non-derogable, and may not be delegated to any third party. Any such assigns, transfers, derogations or delegations shall be deemed null and void.
You agree that all trademarks, logos, web-page graphics, software functions, and text found on this site is the exclusive property of TCPGlobal unless otherwise noted. Any unauthorized reproduction, expropriation, modification, distribution or derivation of such content is expressly forbidden, and may result in civil or criminal prosecution.
In any jurisdiction where such waivers of warranties are not proscribed by law, the Member uses this site at his or her own risk, and all services and data are provided without express or implied warranties of any sort, including, but not limited to implied warranties of merchantability, fitness for a particular use or purpose, or non-infringement. this site furthermore does not warranty any goods or services obtained through the use of this site from another Member or advertiser. Any dissatisfaction of a Member's job performance or behavior is not the responsibility or fault of this site and the Member agrees to omit TCPGlobal, its employees, agents and directors, as a party in any litigation which may result from such dissatisfaction. In jurisdictions where warranty waivers are proscribed, You agree that the Membership Agreement shall be enforced in its entirety, with only those waiver exclusions required by law excepted.
You agree to defend, indemnify, and hold harmless TCPGlobal, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, made by any third party due to or resulting from Your use of this site or Your violation of this Site Use Agreement.
You agree, in any jurisdiction where not proscribed by law, that neither TCPGlobal, nor any of its officers, directors, employees or agents responsible for creating, maintaining, or delivering this site shall be liable for any direct or indirect damages resulting from your access, use of, or inability to access or use this site. In jurisdictions where such waivers are proscribed, You agree that the Membership Agreement shall be enforced in its entirety, with only those waiver exclusions required by law excepted.
It is acknowledged and accepted by the Member that the only remedy against TCPGlobal, its officers, directors, employees or agents for any alleged damage caused by a performance or non-performance shall be the termination of further use of the service. The User agrees that any dispute, which may arise from this Site Use Agreement, shall be settled through binding arbitration, whether based on tort, contract or other theory of law. Furthermore, regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this site or the these terms and conditions must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Any failure of this site to enforce, in part or in whole, any of the provisions herein listed shall not constitute a waiver of that provision or provisions or of the rest of these terms and conditions of Site Use.
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, TELEPHONE OR FAX OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NEITHER TCPGlobal NOR ITS SUBCONTRACTOR MAKES ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THIS SITE UNIFIED MESSAGING SERVICE OR ANY TRANSACTIONS ENTERED INTO BY USE OF OR THROUGH THIS SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CUSTOMER OR THROUGH TCPGlobal.NET SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
LIMITATION OF LIABILITY. NEITHER TCPGLOBAL NOR ITS SUBCONTRACTOR SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THIS SITE OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO BY MEANS OF OR THROUGH THIS SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TCPGLOBAL OR ITS SUBCONTACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.