Legal Information
PRIVACY POLICY
Thank you for choosing to visit Cafe Bakery Group’s website at www.applespice.com (the “Website”).
Please read the following disclosure about what types of information Cafe Bakery Group gathers about you when you access and use the Website. If you do not wish to have this information gathered about you, please exit the Website immediately. Otherwise, your access and use of the Website will be deemed consent to the collection and use of your personal information as described in this Privacy Policy.
ONLINE PRIVACY
Cafe Bakery Group gathers two types of information about you: personally-identifiable information and non-personal information. As described below, each type of information is gathered, used and stored in different ways.
Non-Personal Information is gathered automatically each time you access the Website. For purposes of this Privacy Policy, “Non-Personal Information” includes but is not limited to cookies, web beacons, log files and other data that allows us to observe trends in Website use but not identify you personally.
Personally-Identifiable Information is disclosed by you to us, often in conjunction with registering for an account or completing a transaction on the Website. For purposes of this Privacy Policy, “Personally-Identifiable Information” includes but is not limited to your name, Website account user ID, email address, mailing address, telephone number, age, gender, profession, customer service history, billing information, activity on the Website, IP address and/or web host.
PRIVACY OF MINORS
Cafe Bakery Group does not knowingly collect Personally-Identifiable Information of minors. Children under the age of 13 may not use this Website, and use of this Website is not intended for use by minors older than 13 without parental consent. Minors should not disclose Personally-Identifiable Information on this Website without the approval and supervision of a parent or guardian.
COLLECTION AND USE OF NON-PERSONAL INFORMATION
Non-Personal Information is gathered automatically each time you visit the Website. Cafe Bakery Group uses the aggregated data from the Non-Personal Information gathered to improve Website performance and enhance the user experience by responding to trends in page views, linking within the site and interactions with selected ads.
For example, “cookies” – small pieces of information that the Website and other sites place on your computer’s hard drive – help the Website remember your preferences, provide information targeted to your interests and location, and otherwise make your Website experience more enjoyable. “Web beacons” are images embedded in the code of the Website that helps us monitor traffic patterns amongst our users.
We may disclose the aggregated data to our vendors, such as web hosting services and/or graphic designers, to improve the Website. We may also share the aggregated data with third-party service providers, such as online advertisers, to allow them to generate contextual advertisements on the Website.
COLLECTION AND USE OF PERSONALLY-IDENTIFIABLE INFORMATION
Cafe Bakery Group will not collect your Personally-Identifiable Information without your consent and participation. You may be required to disclose Personally-Identifiable Information in order to register for an account or transact business on the Website. By submitting your Personally-Identifiable Information, you authorize Cafe Bakery Group to use that Personally-Identifiable Information to provide the interaction or service you have initiated.
By submitting your Personally-Identifiable Information to Cafe Bakery Group through the Website or otherwise, you agree that Cafe Bakery Group may contact you for the purpose of advising you of changes or additions to the Website, about any of Cafe Bakery Group products or services, or for such other purpose(s) as Cafe Bakery Group deems appropriate. You may opt out of these communications at any time by following the unsubscribe instructions provided in the communication.
You also agree that Cafe Bakery Group may disclose your Personally-Identifiable Information to Cafe Bakery Group affiliates, agents, and any third party that administers the Website or any services offered on the Website on Cafe Bakery Group’s behalf. Such third parties may include, but are not limited to, email marketing service providers, e-commerce fulfillment providers and marketing survey firms.
You also agree that Cafe Bakery Group may disclose part or all of your Personally-Identifiable Information when Cafe Bakery Group believes, in good faith, that the law requires or compels such disclosure; or when Cafe Bakery Group has a reason to believe that disclosure is necessary to protect Cafe Bakery Group rights or property, or the rights or property of another; or to prevent harm. Further, Cafe Bakery Group may disclose personal and/or corporate information provided by you as part of any merger, sale, or other acquisition of some or all of Cafe Bakery Group’s organization or its assets.
PROTECTION OF PERSONALLY-IDENTIFIABLE INFORMATION
Cafe Bakery Group follows generally accepted industry standards to protect Personally-Identifiable Information during transmission via the Website and storage after the fact. By way of example and not limitation, Personally-Identifiable Information is transmitted to Cafe Bakery Group over an encrypted connection and stored in a secure database at Cafe Bakery Group or its vendors’ facility.
THERE IS NO SUCH THING AS “PERFECT” SECURITY ONLINE. Please bear that in mind when deciding what Personally-Identifiable Information to disclose to Cafe Bakery Group. If at any time you are asked for Personally-Identifiable Information you do not wish to be disclosed in any of the ways discussed above, you should terminate the transaction or cancel your account registration immediately.
If you choose to register for an account via the Website, you are solely responsible for maintaining the confidentiality of your account information (i.e., user ID, password and/or challenge questions). Cafe Bakery Group is not liable for any unauthorized disclosure of your Personally-Identifiable Information that results from your failure to adequately protect your account information.
THIRD-PARTY WEBSITES
This Website may link to third-party websites. You understand and agree that this Privacy Policy extends only to this Website, and your access and use of any third-party site is governed by the terms and conditions set by the website owner. Cafe Bakery Group cannot and does not accept responsibility for the contents or actions of any third-party websites.
CLOSING YOUR ACCOUNT
You may cancel your Website account at any time by contacting Cafe Bakery Group. Upon your request, Cafe Bakery Group will delete your personal and/or corporate information within a reasonable time, provided that Cafe Bakery Group may retain your Personally-Identifiable Information in its non-public databases for a reasonable period of time to support Cafe Bakery Group business requirements.
In addition, you understand and agree that there may be circumstances when Cafe Bakery Group is legally required to retain your Personally-Identifiable Information. In that case, Cafe Bakery Group will protect your Personally-Identifiable Information in a manner consistent with its then-current security procedures until the legal requirement expires or is removed.
MODIFICATION
This Privacy Policy may be modified by our posting of changes to the Privacy Policy on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
EFFECTIVE DATE: August 1, 2013
WEBSITE TERMS & CONDITIONS
Thank you for choosing to visit Cafe Bakery Group’s website at www.applespice.com (the “Website”).
Please read the following terms and conditions (“Terms”) carefully, as they will govern your access and use of the Website. If you do not agree to the Terms, please exit the Website immediately. Otherwise, your access and use of the Website will be deemed acceptance of the Terms.
AUTHORIZED USERS
Children under the age of 13 may not use this Website, and use of this Website is not intended for use by minors older than 13 without parental consent. If you are not legally an adult in the place in which you reside, you must obtain permission of your parent or guardian before accessing and using the Website.
LIMITED LICENSE
Provided that you accept and comply with these Terms, Cafe Bakery Group grants you a limited license to access and use the Website for your personal use. However, this permission does not include the right to download, reproduce, modify or link to any portion of the Website Content. For purposes of these Terms, “Website Content” means any text, graphics, audio, video, data, interactive features and/or other content published on the Website or any page of the Website by Cafe Bakery Group.
Unless indicated otherwise, Cafe Bakery Group owns and/or has obtained the right to license all Website Content to you for the uses permitted by these Terms. Website Content is protected by U.S. and foreign law to the fullest extent possible, and any unauthorized use of the Website Content is unlawful under copyright, trademark and other laws.
Except as expressly permitted under these Terms, you may not store, distribute, display, sell or otherwise exploit the Website Content. You may occasionally print one copy of a page of the Website for personal, non-commercial use, but you may not make multiple copies for distribution to others.
Any violation of these Terms – including unauthorized use of the Website Content – will immediately terminate the license granted by Cafe Bakery Group to access and use the Website and may subject you to legal action.
If you would like to use the Website or the Website Content in a way that exceeds the scope of this license, please contact us for permission.
USER-SUBMITTED CONTENT
This Website may provide an opportunity for you to submit your own content, including but not limited to comments, photos, videos and other content you submit to this Website or to the Apple Spice social media pages (“User Content”). All of your communications with Cafe Bakery Group through personal accounts or otherwise, as well as any attachments to those communications or otherwise submitted to us (such as documents, photographs and videos) are User Content.
In order to submit User Content or to place an order, you may be required to create an account and provide us with certain personal information, such as your name, email address, telephone number, home/business address, credit card information, and the like. Other means of communication do not require that you create an account. To the extent that you disclose personal information, our use of that information will be governed by our Privacy Policy, which is incorporated into these Terms by reference.
By submitting User Content to the Website or to Apple Spice social media pages, you grant Cafe Bakery Group a perpetual, non-exclusive license to use, reproduce, distribute, display, modify, create derivative works of, and sublicense the User Content in any way, including but not limited to reposting that User Content on the Website. This license extends to your name and your Website username and profile information (if applicable).
Cafe Bakery Group has the right, but not the obligation, to review, refuse to display, or remove any User Content for any reason, at Cafe Bakery Group’s sole discretion.
ACCOUNTS & COMMUNICATION
To the extent you create an account to access portions of the Website, submit User Content or place an order, you will use your account for your internal use only. In creating an account, you may not impersonate someone else, create an account for anyone other than yourself, provide an email address other than your own, or create multiple accounts.
By disclosing your email address and/or mobile telephone number to create an account, you agree that Cafe Bakery Group may contact you for the purpose of advising you of changes or additions to the Website, about any of Cafe Bakery Group products or services, or for such other purpose(s) as Cafe Bakery Group deems appropriate. You may opt out of these communications at any time by following the unsubscribe instructions provided in the communication.
You are solely responsible for maintaining the confidentiality of your account information (i.e., user ID, password and/or challenge questions). You are also responsible for all activities that occur in connection with your account, irrespective of whether you personally engage in such activities. You agree to notify us immediately in the event of any known or suspected unauthorized use of your user account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password.
GIFT CARDS
Gift cards may be purchased at your local Apple Spice location. Protect your gift card like cash. Lost or stolen gift cards will not be replaced.
No service fees are charged on gift cards.
For balance inquiry, visit your nearest Apple Spice Store. You may redeem this gift card for food and beverages at participating Apple Spice stores in the U.S.
PROHIBITED ACTIVITIES
You may not use this Website to stalk or otherwise harass another Website user or employee of Cafe Bakery Group; impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with Cafe Bakery Group or any other person or entity; harm minors in any way, or solicit or otherwise attempt to gain any information from a minor; solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords; or access or attempt to access another user’s account without his or her consent.
You may not reverse engineer, decompile, data mine, record, “scrape,” link to, collect information or otherwise manipulate content from any portion of the Website.
You may not submit any User Content that infringes in any manner on the copyright, trademark or other intellectual property rights of any person or entity, or that contains any confidential or proprietary information of any person or entity, or that otherwise violates the legal rights of any person or entity.
You may not submit User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable (in Cafe Bakery Group’s sole discretion).
You may not submit User Content that constitutes unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of commercial solicitation.
You may not submit User Content that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
INDEMNIFICATION
By agreeing to these Terms and using the Website, you agree to indemnify and hold harmless Cafe Bakery Group, its parents, subsidiaries, affiliates, any related companies, suppliers, licensors and partners, and the officers, directors, employees, agents and representatives of each of them from and against any claim or demand made by any third party, including all costs, liabilities and legal fees, due to or arising out of (i) your access to or use of the Website; (ii) your violation of these Terms; (iii) claims for libel, slander or any property damage, personal injury or death; (iv) the use, failure to use, or inability to use the Website or any products or services available through the Website, caused directly or indirectly by you; (v) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity; and/or (vi) violations of any local, state or federal law.
Cafe Bakery Group reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Cafe Bakery Group, and you agree to cooperate with Cafe Bakery Group’s defense of these claims. You agree not to settle any matter without Cafe Bakery Group’s prior written consent. Cafe Bakery Group will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it, but no failure or delay of Cafe Bakery Group to notify you will waive Cafe Bakery Group’s right to indemnification.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY
THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. CAFe BAKERY GROUP DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, COMPATIBILITY, SECURITY, ACCURACY OR NON-INFRINGEMENT.
NEITHER CAFe BAKERY GROUP, ANY OF OUR FRANCHISEES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THIS WEBSITE OR ANY FUNCTION CONTAINED IN THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS WEBSITE OR THE SERVERS THAT MAKE THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY PRODUCT, OFFERING, CONTENT AND MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THIS WEBSITE IS DONE AT YOUR SOLE RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH PRODUCT, OFFERING, CONTENT OR MATERIAL.
NEITHER CAFe BAKERY GROUP, NOR ANY OF OUR FRANCHISEES OR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PRODUCTS, OFFERINGS, CONTENT AND MATERIALS IN THIS WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CAFe BAKERY GROUP AND OUR FRANCHISEES AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM, (A) THE USE OR THE INABILITY TO USE THIS WEBSITE; (B) THE USE OF ANY CONTENT OR OTHER MATERIAL ON THIS WEBSITE OR ANY WEBSITE OR WEBSITES LINKED TO THIS WEBSITE, (C) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THIS WEBSITE; (D) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (E) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE; OR (F) ANY OTHER MATTER RELATING TO OUR WEBSITE. IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION – WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE – EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF OUR WEBSITE, OR WITH ANY OF THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THIS WEBSITE. IF ANY PORTION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE INVALID, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
TERMINATION
Cafe Bakery Group may terminate or suspend your account or ability to use the Website, in whole or in part, at Cafe Bakery Group’s sole discretion, without notice or liability of any kind.
You may terminate these Terms at any time by closing your account and discontinuing your use of any and all parts of the Website. In the event of any termination, whether by you or Cafe Bakery Group, your obligation to indemnify Cafe Bakery Group as stated in these Terms will continue in full force and effect.
CHOICE OF LAW AND FORUM
These Terms and the relationship between you and Cafe Bakery Group shall be governed by the laws of the State of Utah without regard to its conflict of law provisions. Unless expressly waived by Cafe Bakery Group, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts in Salt Lake City, Utah. Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website or these Terms must be filed within one (1) year after such claim of action arose or be forever barred. In the event of any action to enforce or interpret these Terms, the prevailing party shall be entitled to recover all legal expenses incurred in connection with the action, including but not limited to its costs, both taxable and non-taxable, and reasonable attorney’s fees.
MISCELLANEOUS
These Terms, together with the Privacy Policy, are the entire agreement between you and Cafe Bakery Group relating to the subject matter herein and supersede any prior agreements between you and Cafe Bakery Group.
If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.
No agency, partnership, joint venture, or employment is created as a result of these Terms, and you do not have any authority of any kind to bind Cafe Bakery Group in any respect whatsoever.
Cafe Bakery Group may assign its rights and obligations under these Terms, and these Terms & Conditions will inure to the benefit of our successors, assigns, franchisees and licensees.
The failure of Cafe Bakery Group to insist upon or enforce the strict performance with respect to any provision of these Terms, or to exercise any right under the Terms, will not be construed as a waiver or relinquishment to any extent of Cafe Bakery Group’s right to assert or rely upon any such provision or right in that or any other instance; rather, the same will be and remain in full force and effect.
These Terms may be modified by our posting of changes to these Terms on this Website, or by written agreement of both parties. Each time you access this Website, you will be deemed to have accepted any such changes.
