Welcome to CakeAmerica!

Terms Of Service

CakeAmerica is a site that provides local cake search  for consumers and cake ads posting services for local cake  businesses.

CakeAmerica reserves the right to change its Terms of Service agreement from time to time.  Please visit CakeAmerica Terms Of Service site frequently for updates on this agreement.

Who can use our site  and  services?

• Consumers who are looking for cakes and baked products, cake designers or cake providers within their localities 
• Local cake businesses who have physical locations  in the United States of America .

Fees/Payments

Please click this link to review our Privacy Policy.

Posting of Information

You are solely responsible for all the information that you post to CakeAmerica.   CakeAmerica will not be liable or responsible to the copyrighted, offensive,  obscene,  fraudulent,  misrepresenting, threatening  material or information posted to CakeAmerica.   CakeAmerica may remove the posted information  or cancel the user’s membership when CakeAmerica finds out that a violation of this agreement had occurred. 

Business Membership Eligibility

Signing up for Membership in CakeAmerica site is void where prohibited. By signing up as a business user to CakeAmerica site, you certify and warrant that (1) you are an owner or authorized representative of a business in a certain locality (or localities) in the United States of America;  (2) you will only post ads for the business that you own or authorized to represent.  We reserve the right to terminate your membership if CakeAmerica finds out that you are misrepresenting other businesses.  CakeAmerica reserves the right to release your information to the misrepresented businesses and/or to lawful authorities if CakeAmerica deems it is necessary and/or required by law;  (3)  you will maintain the accuracy of all your information including but not limited to business information, branches,  ads , products and services; (4)  you will not include any negative comments in your ads directed to other businesses (5)   you will not post misleading ads.  Misleading or confusing ads may be deleted ;  (6) you will maintain only one profile for each type of business that you own or represent.     Duplicate profiles or profiles for the same business in the same locality may be deleted. 

Term

This Agreement shall remain in full force and effect while you use the CakeAmerica’ services . You may request terminating your membership at any time, for any reason, by sending a request to cancellation@CakeAmerica.com.   We will delete your account upon our availability.  

Security

It is your responsibility to maintain the confidentiality of your account, email address and password.    If you believe that unauthorized access had been done to your account  or your account/profile is compromised,  please change your password immediately and  please email us at security@CakeAmerica.com.  

We also advise that you change your password periodically for the security of your account.

Business Links

You acknowledge that the web link (URL) that you provided for your business is a valid link of a website of the business that you own or authorized to represent.

Disclaimer of Warranty

BY ACCESSING CAKEAMERICA SERVICES YOU EXPRESSLY UNDERSTAND AND AGREE TO THE FOLLOWING:

CAKEAMERICA SERVICES  ARE  PROVIDED "AS IS" AND WITHOUT WARRANTIES WHETHER EXPRESSED OR IMPLIED.   UNDER NO CIRCUMSTANCES, SHALL CAKEAMERICA BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR LOSS, INCLUDING, WITHOUT LIMITATION, LOST PROFITS OR THE LOST OF PROFITABLE TIME,    WHETHER SUCH DAMAGES ARE BASED UPON A BREACH OF EXPRESS OR IMPLIED WARRANTIES, BREACH OF CONTRACT, NEGLIGENCE,  STRICT TORT, OR ANY OTHER LEGAL THEORY.  THIS IS TRUE EVEN IF CAKEAMERICA IS ADVISED OF THE  POSSIBILITY OF SUCH DAMAGES.  

CAKEAMERICA  DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS.   CAKEAMERICA  MAKES NO WARRANTY THAT  THE SITE WILL FUNCTION AS IS EXPRESSED;  THE SITE  WILL BE  TIMELY, SECURE , UNINTERRUPTED,  OR WITHOUT ERROR ; THAT  ACCURATE OR RELIABLE OR COMPLETE INFORMATION MAY BE OBTAINED FROM THE USE OF THE SITE.

YOU HEREBY UNDERSTAND AND AGREE THAT YOU OBTAIN DATA AND MATERIAL  THROUGH THE USE OF CAKEAMERICA SERVICES AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USE OF THIS DATA.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL CAKEAMERICA BE LIABLE FOR  ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES INCLUDING, BUT NOT LIMITED TO, DAMAGES, LOSS OF PROFITS, EXPENSES, BUSINESS INTERRUPTION,  LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE  ARISING IN THE USE OF OR INABILITY TO USE THE SERVICE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SERVICE,  WEBSITE LINKED TO THIS SITE , DATA AND PROGRAMS DOWNLOADED FROM THE SERVICE,  DELAY IN OPERATION OR TRANSMISSION, ANY COMPUTER VIRUS, OR ANY FAILURE EVEN IF CAKEAMERICA IS AWARE OF THE POSSIBITY OF SUCH DAMAGES, LOSSES OR EXPENSES .

IN ANY EVENT, THE LIABILITY OF CAKEAMERICA TO YOU FOR ANY REASON AND UPON ANY CAUSE OF ACTION SHALL BE LIMITED TO THE AMOUNT ACTUALLY PAID TO CAKEAMERICA  IF ANY, BY YOU UNDER THIS AGREEMENT DURING THE THIRTY (30) DAYS IMMEDIATELY PRECEDING THE DATE ON WHICH SUCH CLAIM ACCRUED. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE, INCLUDING, WITHOUT LIMITATION, TO BREACH OF CONTRACT, BREACH OF WARRANTY, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATIONS, AND OTHER TORTS. THE FEES FOR THE SERVICES SET BY CAKEAMERICA UNDER THIS AGREEMENT HAVE BEEN AND WILL CONTINUE TO BE BASED UPON THIS ALLOCATION OF RISK. ACCORDINGLY, YOU HEREBY RELEASE CAKEAMERICA FROM ANY AND ALL OBLIGATIONS, LIABILITIES, AND CLAIM IN EXCESS OF THE LIMITATION STATED IN THIS SECTION.  

INDEMNIFICATIONS AND RESERVATION OF RIGHTS

You agree to indemnify, defend and hold harmless CakeAmerica its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Site from and against all losses, expenses, damages and costs, including attorneys' fees, resulting from any violation of this Agreement (including negligent or wrongful conduct) by you or your use and access of the Site.

CakeAmerica reserves the right to release current or past member or Web site user information if CakeAmerica believes that a member’s account is being used to commit unlawful acts, if the information is subpoenaed and/or if CakeAmerica deems it necessary and/or appropriate.