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PRIVACY POLICY | TERMS OF USE


Last Updated October 15, 2018

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING OUR WEBSITE OR OUR MOBILE APPLICATIONS.

Privacy Statement

Grandma’s Cheesecake Sandwiches, LLC (“Grandma’s Cheesecake Sandwiches,” “we,” “us,” or “our” has created this privacy policy (the "Privacy Policy") as part of our commitment to helping our users better understand what information we collect about them, and what Grandma’s Cheesecake Sandwiches may do with that information in connection with our online services (the “Services”), which are available through a variety of platforms, including our website http://www.grandmascheesecakesandwiches.com (the“Website”), and mobile application, as well as our social media sites or interactive pages (collectively, the “Sites”), which all comprise ( the “Platform”). By visiting our Website, accessing the Platform, and/or using our Services, you are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use. Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use. The following discloses our information gathering and dissemination practices for Grandma’s Cheesecake Sandwiches, LLC website.

Overview 

As part of the normal operation of our services we collect and, in some cases, may disclose information about you. By accepting this Privacy Policy and our Terms and Conditions, you expressly consent to our use and disclosure of your personal information in the manner described in this Privacy Policy. This Privacy Policy applies to all Grandma’s Cheesecake Sandwiches, LLC sites, including but not limited to: http://www.grandmascheesecakesandwiches.com (the "Website").

A Special Note About Children 

Children are not eligible to use our services, and we ask that minors (under the age of 13) not submit any Personal Information to us through the website.

Information We Collect

Our primary goal in collecting personal information is to provide you with a smooth, efficient, and customized experience. This allows us to provide services and features, and to customize our service to make your experience better. When you sign up to make a purchase, order a subscription/gift or enter a contest, promotion or receive a newsletter we may offer you will be required to provide us with your Personal Information, which includes your name, address, telephone number, email address, and/or the address and telephone number of the person or persons receiving a purchase/gift, credit card number, expiration date, CVV code. You can choose not to provide this information, but you may not be able to use the services we offer on our website. We do not collect any information you supply us with unless you supply this information voluntarily. All transactions are processed through our third-party payment vendors. We do not collect, store, or maintain any Billing Information, it is collected and processed through our third-party vendors pursuant to the terms and conditions of their privacy policies and terms of use.Grandma’s Cheesecake Sandwiches, LLC controls and operates this website from within the United States of America, and is intended only to promote those Grandma’s Cheesecake Sandwiches, LLC products that are sold by Grandma’s Cheesecake Sandwiches, LLC in the United States and its territories. Grandma’s Cheesecake Sandwiches, LLC makes no representation that materials in this website or the products described thereby are appropriate or available for use in other locations outside the United States of America. Vistors to this website are responsible for compliance with all local laws applicable to them with respect to the contents and operation of this website.We use data collection devices such as "cookies" on certain pages of our Website. "Cookies" are small files placed on your hard drive that assist us in providing customized services. We also offer certain features that are only available through the use of a "cookie." Cookies can also help us provide information which is targeted to your interests. We use this information to determine demographics, interests, and behavior to better understand and serve you and our community. This information may include the URL of the website that you visited prior to our Website (whether this is on our site or not), the URL of the website you next go to (whether this URL is on our site or not), what browser you are using, and your Internet Protocol ("IP") address. Most cookies are "session cookies", meaning that they are automatically deleted from your hard drive at the end of a session. You are always free to decline our cookies if your browser permits. At times this website may provide links to other websites on the World Wide Web that are not operated by Grandma’s Cheesecake Sandwiches, LLC. These links do not mean Grandma’s Cheesecake Sandwiches, LLC approves, sponsors or endorses any information available at the linked site or any product that may be sold or promoted there, nor is Grandma’s Cheesecake Sandwiches liable for any damage that might result from your use of such information or products. We may from time to time use a third party advertising company to serve ads on our behalf across the Internet. That advertising company may also collect anonymous information about your visits to our Website. This is primarily accomplished through the use of a technology device, commonly referred to as a Web beacon, cookie or an action tag, and/or other technologies used to collect such Other Information for such purposes, which is placed on various Web pages within our Website or in an HTML e-mail that allows the third party advertising company to collect anonymous information. There may also be a number of services offered by external service providers that help you use our Website. If you choose to use these optional services, and in the course of doing so, disclose information to the external service providers, and/or grant them permission to collect information about you, then their use of your information is governed by their privacy policies and terms of use, if any.

Our Use of Your Information

You agree that we may use personally identifiable information about you to improve our marketing and promotional efforts, to analyze Website usage, improve our content and product offerings, and customize our Website content, layout, and services. These uses improve our Website and may better tailor them to meet your needs. You agree that we may use your information to contact you and to deliver information to you that, in some cases, is targeted to your interests, such as targeted banner advertisements, administrative notices, product offerings, and communications relevant to your purchases, orders, subscription, contest entry, promotion or newsletter during the use of the Website. By accepting this Privacy Policy, you expressly agree to receive this information. If you do not wish to receive these communications, you may opt out of certain communications by sending an email to info@grandmascheesecakesandwiches.com.

Our Disclosure of Your Information 

Due to the regulatory environment in which we operate, we cannot ensure that all of your private communications and other personally identifiable information will never be disclosed in ways not otherwise described in this Privacy Policy. By way of example (without limiting any of the foregoing), we may be required to disclose information to the government, law enforcement agencies or third parties. Under certain circumstances, third parties may unlawfully intercept or access transmissions through computer virus, worm, trojan horse or other harmful component. Accordingly, although we use industry standard practices to protect your privacy, we do not promise, and you should not expect, that your personally identifiable information will always remain private. As a matter of policy, we do not sell or rent any personally identifiable information about you to any third party. However, the following describes some of the ways that your personally identifiable information may be used or disclosed. (a) Financial Information: Under some circumstances we may require certain additional information, including but not limited to your credit card billing information. We use this financial information, including your name, address, and other information to bill you for purchase of our products. By making a purchase, or engaging in any other kind of activity or transaction that uses financial information on the Website, you consent to our providing of your financial information to our service providers and to such third parties as we determine necessary to support and process your activities and transactions, as well as to your credit card issuer for their purposes. These third parties may include the credit card companies and banking institutions used to process and support your transaction or activity. By purchasing, or registering for products on the Website, or by participating in programs offered on the Website that are administered by third parties and that require you to submit financial information in order to use them, you also consent to our providing your financial information to those third parties. Any of these various third parties may be authorized to use your financial information in accordance with our contractual arrangements with such third parties and in accordance with their own privacy policies, over which we have no control, and you agree that we are not responsible or liable for any of their actions or omissions. Additionally, you agree that we may use and disclose all information submitted to such third parties in the same manner in which we are entitled to use and disclose any other information that you submit to us. (b) Advertisers: We aggregate personally identifiable information and disclose such information in a non-personally identifiable manner to advertisers and other third parties for marketing and promotional purposes. However, in these situations, we do not disclose to these entities any information that could be used to identify you personally. Certain information, such as your name, email address, password, credit card number and bank account number, are never disclosed to marketing advertisers. We may use third party advertising companies to serve ads on our behalf. These companies may employ cookies and action tags (also known as single pixel gifs or web beacons) to measure advertising effectiveness. (c) Legal Requests: Grandma’s Cheesecake Sandwiches, LLC cooperates with law enforcement inquiries, as well as other third parties to enforce laws, such as: intellectual property rights, fraud and other rights. We can (and you authorize us to) disclose any information about you to law enforcement and other government officials as we, in our sole discretion, believe necessary or appropriate, in connection with any investigation of fraud, intellectual property infringements, or other activity that is illegal or may expose us or you to legal liability.

Control of Your Password

You are responsible for all actions taken with your login information and password. Therefore we do not recommend that you disclose your Grandma’s Cheesecake Sandwiches, LLC password or login information to any third party. If you choose to share this information with any third party, you are responsible for all actions taken with your login information and password, and therefore should review each third party's privacy policy. If you lose control of your password, you may lose substantial control over your personally identifiable information and may be subject to legally binding actions taken on your behalf. Therefore, if your password has been compromised in any way, you should immediately change your password.

Other Information Collectors

Except as otherwise expressly described in this Privacy Policy, this document only addresses the use and disclosure of information we collect from you. To the extent that you disclose your information to other parties, whether they are on our Website or on other sites throughout the Internet, different rules may apply to their use or disclosure of the information you disclose to them. To the extent that we use third party advertisers, they adhere to their own privacy policies. Since Grandma’s Cheesecake Sandwiches, LLC does not control the privacy policies of any third parties, you should investigate their policies before you disclose your personal information to them.

Change of Account or Information

If you want to change your information or delete your account please send an email to: info@grandmascheescakesandwiches.com. If you would like to remove your name from our mailing list, simply click the “Unsubscribe” found at the bottom of our emails.

Security

Grandma’s Cheesecake Sandwiches, LLC uses industry standard practices, including "firewalls" and Secure Socket Layers, to safeguard the confidentiality of your personal identifiable information. Grandma’s Cheesecake Sandwiches, LLC treats data as an asset that must be protected against loss and unauthorized access. We employ many different security techniques to protect such data from unauthorized access by others inside and outside the company. However, "perfect security" does not exist on the Internet.

Notice

The Privacy Policy and Terms of Use are effective as of the date stated at the top of this Privacy Policy. We may change the Privacy Policy and Terms of Use from time to time based on changes in the law, your comments, or our need to accurately reflect our data collection and disclosure practices. By accessing the Website, Platform or Services after we make any such changes to this Privacy Policy, you are agreeing to these changes, and therefore should refer back to this Privacy Policy and Terms of Use periodically.

Terms of Use 

Description

Grandma’s Cheesecake Sandwiches delivers freshly baked frozen cheesecake sandwiches for consumption.

Eligibility

The Sites are not targeted toward or intended for use by anyone under the age of 18. By using the Sites, you represent and warrant that you (a) are 18 years of age or older, (b) are a legal resident of the United States, (c) have not been previously suspended or removed from the Sites, or engaged in any activity that could result in suspension or removal from the Sites, (d) do not have more than one Grandma’s Cheesecake Sandwiches account, and (e) have full power and authority to enter into these Terms and in so doing will not violate any other agreement to which you are a party.

Grandma’s Cheesecake Sandwiches retains the right to restrict your use of or deny access to this website, and/or to terminate your account if we have reason to believe you have violated any of these Terms of Use, including providing us with false information.

Guidelines

By accessing and/or using the Website or the Platform, you hereby agree to comply with the rules; (a) buyers must be the age of majority in their jurisdiction and capable of entering into binding contracts, (b) you will not use the Website or the Platform for any unlawful purpose, (c) buyers may not use the Services to engage in any commercial activities, including, without limitation, raising money; advertising or promoting a product, service, or company; or engaging in any pyramid or other multi-tiered marketing scheme, (d) you will not upload, post, e-mail, transmit, or otherwise make available any User Content that is false, deceptive, misleading, deceitful, or misinformative; infringes any copyright, trademark, trade secret, right of publicity, or other proprietary rights of any person or entity; is threatening, tortious, defamatory, libelous, indecent, obscene, pornographic, invasive of another’s privacy, or promotes violence; discloses any sensitive information about another person, including that person’s e-mail address, postal address, phone number, credit card information, or any similar information, (e) you will not access or use the Website or the Platform to collect any market research for a competing business, (f) you will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity, (g) you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure, (h) you will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website or Platform, except for Internet search engines (e.g., Google) and non-commercial public archives (e.g., archive.org) that comply with our robots.txt file, (i) you will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Website or the Platform; and you will not interfere with or attempt to interrupt the proper operation of the Website or the Platform through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords through hacking, password or data.

Website Contents

The materials in this website (including any graphics, software, recommendations or other materials) and any materials made available through this website are provided “as is” and without warranties of any kind, either express or implied. To the fullest extent permissible pursuant to applicable law, Grandma’s Cheesecake Sandwiches disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. Grandma’s Cheesecake Sandwiches does not warrant or make any representations regarding the use or the results of the use of the materials in this website in terms of their correctness, accuracy, reliability, or otherwise. The materials in this website could include technical inaccuracies or typographical errors. These materials could be inaccurate or become inaccurate as a result of developments occurring after their respective dates. Grandma’s Cheesecake Sandwiches undertakes no obligation to verify or maintain the currency of such information. Certain links in this website may link you to other sites on the Worldwide Web. The linked sites may not be under the control of Grandma’s Cheesecake Sandwiches and Grandma’s Cheesecake Sandwiches is in any event not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. Grandma’s Cheesecake Sandwiches is not responsible for webcasting or any other form of transmission received from any linked site. Grandma’s Cheesecake Sandwiches is providing these links to you only as a convenience, and the inclusion of any link does not imply a referral by Grandma’s Cheesecake Sandwiches to, or an endorsement by Grandma’s Cheesecake Sandwiches of, the linked site or any products or services which may be offered there.

Website Operation

Grandma’s Cheesecake Sandwiches endeavors to maintain this website and its operation, but is not, and cannot be, responsible for the results of any defects that may exist in the website or its operation. As to the operation of the website, Grandma’s Cheesecake Sandwiches expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to all implied warranties of merchantability or fitness for a particular purpose, title and non-infringement. Grandma’s Cheesecake Sandwiches makes no warranty that (i) the operation of the website will meet the user’s requirements; (ii) access to the website will be uninterrupted, timely, secure, free of viruses, worms, Trojan horses or other harmful components, or free of defects or errors; (iii) the results that may be obtained from the use of the website will be accurate or reliable; or (iv) defects will be corrected. You (and not Grandma’s Cheesecake Sandwiches) assume the entire cost of all servicing, repair, or correction that may be necessary for your computer equipment and software as a result of any viruses, errors or any other problems whatsoever you may have as a result of visiting this website. 

Registration, Account and Communication Preferences

In order to access and use certain areas or features of the Sites, you may need to register for a Grandma’s Cheesecake Sandwiches account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Sites or your account.

By creating a Grandma’s Cheesecake Sandwiches account, you also consent to receive electronic communications from Grandma’s Cheesecake Sandwiches (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by following the unsubscribe instructions provided therein. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Subscription

In the event you cancel your Subscription, please note that we may still send you promotional communications about Grandma’s Cheesecake Sandwiches, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.

Gifts

You have the ability to purchase subscriptions and/or gifts for other people through the Sites (“Gifts”). We may offer various Gift packages.

Payment and Billing Information

By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third party payment processor) to charge your payment method for the total amount of your purchase, gift or subscription (including any taxes if applicable, and shipping charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order.

Pricing and Availability

All prices are shown in U.S. dollars. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice.

All of Grandma’s Cheesecake Sandwiches are freshly baked and frozen for shipping, and will be subject to availability. We reserve the right to impose quantity limits on any Order, to reject all or part of an Order, and to discontinue offering certain flavors, and to add new flavors. We strive to provide you with high-quality fresh products, and given the perishable nature of our Products and market conditions beyond our control, may be out of stock on certain flavors from time to time.

Shipping and Handling

You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.

Deliveries

You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for confirming that the Products you receive are frozen. Each box is carefully packaged to stay frozen until the time of delivery.

If you are not at home when your delivery arrives, the courier will generally leave the package for you at your door. Our Products are packaged with freezer packs and/or dry ice and are designed to be delivered frozen under normal delivery condition. However, depending on the season and temperature in your geographic area at the time of delivery, advance planning by you should be made for proper storage of your Products prior to consumption. In certain areas, you may be able to provide additional delivery instructions, such as requesting that your delivery be left with a doorman or neighbor. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself.

If you would prefer that someone have to sign for the delivery, please let us know the specific instructions. In such cases, if you, your doorman, your neighbor, or your alternate receiver is not present at the time of delivery, we will use commercially reasonable efforts to contact you and reschedule the delivery (in which case our standard redelivery fee shall apply). If we are unable to reschedule the order for any reason, the order will be canceled and you will be charged the applicable fee for the order and the redelivery fee.

In the case of inclement weather or other events beyond our control that interfere with our ability to deliver your Order, we will attempt to deliver your Order as soon as reasonably possible. In some cases, delivery may occur prior to the scheduled delivery date. In the event that timely delivery of your Product is not feasible, we will cancel your delivery for the period so affected and issue you a credit or refund of the purchase price for that delivery.

No Resale

You are not permitted to resell or otherwise use the Products for commercial purposes.

Trademarks

“Grandma’s Cheesecake Sandwiches,” the Grandma’s Cheesecake Sandwiches logo and any other Grandma’s Cheesecake Sandwiches Product or service names, logos or slogans that may appear on the Sites or Products are trademarks of Grandma’s Cheesecake Sandwiches and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any meta tags or other “hidden text” utilizing “Grandma’s Cheesecake Sandwiches” or any other name, trademark or Product or service name of Grandma’s Cheesecake Sandwiches without our prior written permission. In addition, the look and feel of the Sites and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Grandma’s Cheesecake Sandwiches and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Sites or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Grandma’s Cheesecake Sandwiches.

Hyperlinks

You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Sites for noncommercial purposes, provided that such link does not portray Grandma’s Cheesecake Sandwiches or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Grandma’s Cheesecake Sandwiches logo or other proprietary graphic of Grandma’s Cheesecake Sandwiches to link to the Sites without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Grandma’s Cheesecake Sandwiches trademark, logo or other proprietary information, including the images found on the Sites or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Sites without our express written consent.

Grandma’s Cheesecake Sandwiches makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third party websites accessible by hyperlink from the Sites or of websites linking to the Sites. Such sites are not under our control, and we are not responsible for the contents of any linked site, any link contained in a linked site, or any review, changes or updates to such sites. We provide these links to you only as a convenience, and the inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Sites, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Sites.

Third Party Content

We may display content, advertisements and promotions from third parties through the Sites or in shipments with Products (collectively, “Third Party Content”). We do not control, endorse or adopt any Third Party Content, and we make no representations or warranties of any kind regarding such Third Party Content, including, without limitation, regarding its accuracy or completeness. You acknowledge and agree that your interactions with third parties providing Third Party Content are solely between you and such third parties, and that Grandma’s Cheesecake Sandwiches is not responsible or liable in any manner for such interactions or Third Party Content.

Postings

Grandma’s Cheesecake Sandwiches may from time to time monitor or review discussions, chats, postings, and other transmissions on this website. However, Grandma’s Cheesecake Sandwiches is under no obligation to do so and assumes no responsibility or liability arising from the content of any such transmissions or for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, illegality or inaccuracy contained in any information transmitted to any such locations on this website. You may not post or transmit any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Grandma’s Cheesecake Sandwiches will fully cooperate with any law enforcement authorities or court order requesting or directing Grandma’s Cheesecake Sandwiches to disclose the identity of anyone posting any such information or materials. Grandma’s Cheesecake Sandwiches may also disclose such information if it has a good faith belief that such disclosure is reasonably necessary to protect the rights, property, or personal safety of Grandma’s Cheesecake Sandwiches, its customers or the public.

Help Availability

This website may provide a Help file or other instructions for the use of this site. However, you understand that Grandma’s Cheesecake Sandwiches is under no obligation to provide any support for the use of the website. 

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Grandma’s Cheesecake Sandwiches, and our respective past, present and future employees, officers, directors, contractors, consultants, equityholders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Grandma’s Cheesecake Sandwiches Parties”), from and against all actual or alleged Grandma’s Cheesecake Sandwiches Parties or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses (including, without limitation, attorneys’ fees and expenses) and costs (including, without limitation, court costs, costs of settlement and costs of pursuing indemnification and insurance), of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to (a) your use or misuse of the Sites, Content or Products, (b) any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, (c) any Feedback you provide, (d) your violation of these Terms, (e) your violation of the rights of another, and (f) any third party’s use or misuse of the Sites or Products provided to you. You agree to promptly notify Grandma’s Cheesecake Sandwiches of any third party Claims and cooperate with the Grandma’s Cheesecake Sandwiches Parties in defending such Claims. You further agree that the Grandma’s Cheesecake Sandwiches Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Grandma’s Cheesecake Sandwiches.

Limitation of Liability; Release

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL GRANDMA’S CHEESECAKE SANDWICHES OR ANY OF THE OTHER GRANDMA’S CHEESECAKE SANDWICHES PARTIES BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, INCOME OR PROFITS, LOSS OF USE OR DATA, LOSS OR DIMINUTION IN VALUE OF ASSETS OR SECURITIES, OR DAMAGES FOR BUSINESS INTERRUPTION) ARISING OUT OF OR IN ANY WAY RELATED TO THE ACCESS OR USE OF THE SITES OR CONTENT OR THE ORDER, RECEIPT OR USE OF ANY PRODUCT OR OTHERWISE RELATED TO THESE TERMS (INCLUDING, BUT NOT LIMITED TO, ANY DAMAGES CAUSED BY OR RESULTING FROM RELIANCE BY ANY USER ON ANY INFORMATION OBTAINED FROM GRANDMA’S CHEESECAKE SANDWICHES, OR FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETIONS OF FILES OR EMAILS, ERRORS, DEFECTS, BUGS, VIRUSES, TROJAN HORSES, DELAYS IN OPERATION OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO GRANDMA’S CHEESECAKE SANDWICHES RECORDS, PROGRAMS OR SYSTEMS), REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY (EVEN IF THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE). TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF GRANDMA’S CHEESECAKE SANDWICHES AND THE OTHER GRANDMA’S CHEESECAKE SANDWICHES PARTIES (JOINTLY) ARISING OUT OF OR IN ANY WAY RELATED TO (A) THE ORDER, RECEIPT OR USE OF PRODUCTS PURCHASED FROM THE GRANDMA’S CHEESECAKE SANWICHES EXCEED THE AMOUNT PAID FOR SUCH PRODUCTS; AND (B) THE ORDER, RECEIPT OR USE OF PRODUCT, OR ACCESS OR USE OF THE SITES OR CONTENT, EXCEED THE AMOUNT YOU PAID TO US IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE ON WHICH YOUR CLAIM AROSE. THE FOREGOING LIMITATIONS SHALL APPLY EVEN IN THE EVENT YOUR REMEDIES HEREUNDER FAIL OF THEIR ESSENTIAL PURPOSE, AND THE FOREGOING SHALL CONSTITUTE GRANDMA’S CHEESECAKE SANDWICHES AND THE OTHER GRANDMA’S CHEESECAKE SANDWICHES PARTIES SOLE LIABILITY AND OBLIGATION IN RESPECT HEREOF, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, SIMPLE NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), STRICT PRODUCT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU, ON BEHALF OF YOUR HEIRS, EXECUTORS, ADMINISTRATORS, LEGAL AND PERSONAL REPRESENTATIVES, HEREBY RELEASE, WAIVE, ACQUIT AND FOREVER DISCHARGE GRANDMA’S CHEESECAKE SANDWICHES AND THE OTHER GRANDMA’S CHEESECAKE SANDWICHES PARTIES FROM AND AGAINST, AND COVENANT NOT TO SUE ANY SUCH GRANDMA’S CHEESECAKE SANDWICHES PARTIES FOR, ALL CLAIMS YOU HAVE OR MAY HAVE ARISING OUT OF OR IN ANY WAY RELATED TO THESE TERMS. IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE YOUR RIGHTS UNDER CALIFORNIA CIVIL CODE 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”

ACCESS TO THE GRANDMA’S CHEESECAKE SANDWICHES OFFERINGS AND/OR ANY OTHER CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES OFFERED BY AND/OR THROUGH SAME WOULD NOT BE PROVIDED TO YOU WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS ON LIABILITY AND IN SUCH JURISDICTIONS THE LIABILITY OF GRANDMA’S CHEESECAKE SANDWICHES SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW

Disclaimers

YOU ARE SOLELY RESPONSIBLE FOR THE PROPER HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, PREPARING, USING OR CONSUMING SUCH PRODUCTS. FURTHER, YOU UNDERSTAND, ACKNOWLEDGE [AND AGREE THAT WE PRODUCE, PORTION, STORE AND PACKAGE PRODUCTS AT OUR FACILITY CONTAINING ALL FIVE (5) MAJOR U.S. ALLERGENS (MILK, WHEAT, EGG, PEANUTS AND TREENUTS) AND CANNOT GUARANTEE THAT CROSS-CONTAMINATION WILL NOT OCCUR BETWEEN PRODUCTS.] WE ATTEMPT TO DISPLAY THE PRODUCTS AND OTHER MATERIALS AND INFORMATION YOU VIEW ON THE SITES, INCLUDING PRICING AND NUTRITIONAL INFORMATION, AS ACCURATELY AS POSSIBLE. HOWEVER, WE DO NOT GUARANTEE THE ACCURACY OF SUCH MATERIALS AND INFORMATION AND ARE NOT RESPONSIBLE FOR ANY CLAIMS ARISING OR RESULTING FROM YOUR RELIANCE THEREON. IN THE EVENT OF AN ERROR ON OUR SITES, IN AN ORDER CONFIRMATION, IN PROCESSING OR DELIVERING AN ORDER OR OTHERWISE, WE RESERVE THE RIGHT TO CORRECT SUCH ERROR AND REVISE YOUR ORDER ACCORDINGLY (INCLUDING CHARGING THE CORRECT PRICE) OR TO CANCEL YOUR ORDER AND ISSUE YOU A REFUND. YOU FURTHER AGREE THAT THE PRODUCTS AND OTHER MATERIALS YOU RECEIVE IN YOUR ORDER MAY VARY FROM THE PRODUCTS AND MATERIALS DISPLAYED ON THE SITES DUE TO A NUMBER OF FACTORS, INCLUDING, WITHOUT LIMITATION, SYSTEM CAPABILITIES AND CONSTRAINTS OF YOUR COMPUTER, MANUFACTURING PROCESS OR SUPPLY ISSUES, THE AVAILABILITY AND VARIABILITY OF PRODUCTS, DISTINCT COOKING OR OTHER PREPARATION METHODS AND VARIABILITY OF COOKING EQUIPMENT AND APPLIANCES. THE SITES MAY CONTAIN INFORMATION ABOUT PRODUCTS THAT ARE NOT AVAILABLE IN EVERY LOCATION. A REFERENCE TO A PRODUCT ON THE SITES DOES NOT IMPLY OR GUARANTEE THAT IT IS OR WILL BE AVAILABLE IN YOUR LOCATION OR AT THE TIME OF YOUR ORDER. EXCEPT AS MAY BE PROVIDED IN A WARRANTY BY THE MANUFACTURER OF A PRODUCT, ALL PRODUCTS AND THE SITES AND CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. GRANDMA’S CHEESECAKE SANDWICHES DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT AS TO THE SITES, CONTENT AND PRODUCTS, ANY WARRANTIES THAT ARISE FROM TRADE USAGE OR CUSTOM, AND ANY WARRANTIES THAT THE SITES OR PRODUCTS WILL BE FREE AND CLEAR FROM ANY ADVERSE LIEN OR SECURITY INTERESTS. We reserve the right to change any and all Content and to modify, suspend or stop providing access to the Sites (or any features or functionality of the Sites) and the Products at any time without notice and without obligation or liability to you. Reference to any products, services, processes or other information by trade name, trademark, manufacturer, supplier, vendor or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof, or any affiliation therewith, by us. Some jurisdictions do not allow the disclaimer of implied terms in contracts with consumers, so some or all of the disclaimers in this section may not apply to you.

Modifications to the Sites and Products

We reserve the right in our sole discretion to modify, suspend or discontinue, temporarily or permanently, the Sites (or any features or parts thereof) or the provision of the Products at any time and without liability therefor.

Arbitration and Dispute Resolution

By visiting this site you agree that these Terms of Use and any disputes arising under or related to these Terms of Use (whether for breach of contract, tortious conduct or otherwise) between you and Grandma’s Cheesecake Sandwiches will be governed by the laws of the State of New York, without regard to its conflicts of law principles. Any legal actions, suits or proceedings arising out of these Terms of Use (whether for breach of contract, tortious conduct or otherwise) will be brought exclusively in the state courts of New York or the United States District Court for the District of New York, and you hereby accept and submit to the personal jurisdiction of these New York courts with respect to any legal actions, suits or proceedings arising out of these Terms of Use. You also waive to the fullest extent permitted by law any right to a trial by jury in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms of Use, as well as any claims or defense of inconvenient forum or lack of personal jurisdiction.

Severability

If any provision of these Terms of Use shall be found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

No Waiver

No failure on the part of Grandma’s Cheesecake Sandwiches to enforce any part of these Terms of Use shall constitute a waiver of any of Grandma’s Cheesecake Sandwiches rights under these Terms of Use whether for past or future actions on the part of any person. Neither the receipt of any funds by Grandma’s Cheesecake Sandwiches nor the reliance of any person on Grandma’s Cheesecake Sandwiches actions shall be deemed to constitute a waiver of any part of these Terms of Use. Only a specific, written waiver signed by an authorized representative of Grandma’s Cheesecake Sandwiches shall have any legal effect whatsoever. 

Miscellaneous

These Terms constitute the entire agreement between you and Grandma’s Cheesecake Sandwiches relating to your access to and use of the Sites and your order, receipt and use of Products. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you without the prior written consent of Grandma’s Cheesecake Sandwiches. No waiver of any provision of these Terms will constitute a waiver of such provision in any prior, concurrent or subsequent circumstance, and Grandma’s Cheesecake Sandwiches failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.