Terms of service

Effective Date: 12/27/2019
Last Updated: September 29, 2024

 

These Terms of Service constitute a legally binding agreement between you and Schlegel Made, LLC dba Make Bake (“Make Bake”) governing your access and use of letsmakebake.com (the “Site”) and the software, services, and products made available through the Site (collectively the “Services”).

 

By clicking the “I Agree to the Terms of Service” button or (i) accessing or using any part of the Site or (ii) initiating any transaction on the Site, you agree to be bound by these Terms of Service.  

 

Internet technology, and the applicable laws, rules and regulations change frequently.  Make Bake reserves the right to make changes to these Terms of Service at any time. 

1. General Rules About Creating Accounts

 

Although users do not need to create an account to purchase products on the Site, users may want the convenience of an account for faster checkout or to view and track their orders. 

 

Eligibility:  To be eligible to create an account, you must be at least 18 years of age. 

 

Account Creation:  To establish an account through the online registration process, you must provide your name, a valid email address, and password and accept these Terms of Service.  Users may also input and store their shipping, billing and credit card information for faster checkout. When an account is created, you will automatically be subscribed to Make Bake’s newsletters.  Users can opt-out through the unsubscribe link in that newsletter.

 

Account Security: You are responsible for safeguarding your password and agree not to disclose your password to any third party. You are solely responsible and liable for any activities or actions taken under your password, whether or not you have authorized such activities or actions.  Make Bake shall not be liable for any loss or damage arising from your failure to keep your password or account secure. 

2. Product & Order Information

 

Product Availability:  Quantities of some products may be limited and stock cannot always be guaranteed. When an item is out of stock and cannot be replenished we will attempt to remove the item from the Site as soon as commercially reasonable and notify you of the unavailability of the item(s) and potential alternative products available for your consideration.  We reserve the right to (a) limit the quantities of products available per order at our discretion or (b) discontinue any product at any time.

 

Product Display: We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate.

 

Pricing:  All prices are quoted in U.S. dollars. Prices are subject to change without notice.  We may occasionally make errors in the stated prices on this website. If a product's correct price is higher than the listed price, we will, in our discretion, either confirm the correct price with you or cancel your order and notify you of such cancellation.

 

Promotions and Discounts:  Make Bake may offer promotions and discounts for a limited time on the Site and reserves the right to modify or terminate such promotions and discounts at any time.  All discounts and promotions are subject to the advertised terms and conditions and subject to the availability of applicable products. 

 

Coupons: Coupons offered on the Site are subject to the fine print as displayed on the applicable coupon. Coupons have no cash or residual value. 

 

Shipping & Sales Tax:  All applicable shipping and sales tax charges are calculated at checkout. 

 

Payment Authorization: When you place an order, you authorize the purchase and delivery of those products to you at the shipping address provided by you during the checkout process or otherwise stored in your account.  You agree to provide Make Bake with all relevant payment information prior to placing an order and you expressly authorize us to process all charges on the credit or debit card provided. 

 

Refunds: Refunds shall be made in accordance with our Refund Policy.

 

Risk of Loss: All items purchased from Make Bake are made pursuant to a shipment contract. The risk of loss and title for such items pass to you upon our delivery to the carrier.

 

Reservation of Rights - Product Sales. We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. Any offer for any product or service made on this site is void where prohibited. Products are not offered for resale purposes. We reserve the right to prohibit any orders that we determine, in our sole and absolute discretion, have been placed for the purpose of resale. 

 

3. Termination of Account by Make Bake

 

Make Bake may temporarily suspend or terminate your account and the Services at any time, for any reason, in its sole and absolute discretion, including if Make Bake:

 

  • Suspects a breach of these Terms of Service; 
  • Is unable to verify or authenticate account information; 
  • Believes that you are acting inconsistently with the letter or spirit of Make Bake's policies, have engaged in improper or fraudulent activity in connection with the Site or that your actions may cause legal liability or financial loss to Make Bake;
  • Is unable to process any payments for purchases made on the Site; or
  • Believes you are infringing the rights of third parties.

 

Effect of Termination:  If your account is suspended or terminated for any reason, you shall remain liable for all charges incurred through the date of termination. 

 

Survival:  The following Sections survive termination of these Terms of Service: Idea Submissions License, Individual Arbitration, Consumer Responsibility, Disclaimers and Exclusions, Release, Indemnification, and Governing Law.

 

4. Prohibited Conduct

 

In your use of the Site, you may not: 

 

  • Post false, inaccurate, misleading, defamatory or harassing content;
  • Violate any law, statute, ordinance or regulation;
  • Infringe upon any patent, copyright, trademark, trade secret, right of publicity, or other third party rights;
  • Attempt to use another account, impersonate another person or entity, misrepresent your affiliation with a person or entity, or create or use a false identity;
  • Post obscene or sexually explicit content;
  • Distribute or transmit any code, virus or any other technologies, whether now known or yet to be developed, that may harm the Site or its users;
  • Modify, adapt or hack the Site or modify another Site so as to falsely imply that it is associated with Make Bake;
  • Distribute or post spam, unsolicited or bulk electronic communications to Site users;
  • Use any robot, spider, scraper or other automated means to access the Site for any purpose whatsoever; 
  • Take any action that imposes, or may impose, an unreasonable or disproportionately large load on the Site’s infrastructure; 
  • Interfere or attempt to interfere with the proper working of the Site, its services or tools; or
  • Bypass the Site’s robot exclusion headers or other measures Make Bake may use to prevent or restrict access to Make Bake.

5. Privacy

 

Make Bake respects your privacy. Make Bake will only use personal information in accordance with Make Bake's Privacy Policy.

 

6. Idea Submissions

 

Make Bake welcomes all suggestions to improve our Services, but considers any feedback from its users to be helpful advice, freely given.  To ensure against any misunderstandings, we want to emphasize that we do not compensate for any ideas, proposals or suggestions provided by its users to Make Bake in accordance with the following:  

 

Non-Proprietary:  Make Bake considers any suggestions, ideas, proposals or other material submitted to it by users, whether solicited or unsolicited, (collectively, the "Material") to be non-confidential and non-proprietary.  Make Bake shall not be liable for the disclosure, use or exploitation of such Material. 

 

License: You hereby grant and agree to grant Make Bake, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free and transferable right and license to incorporate, use, publish and exploit the Material for any purpose whatsoever, commercial or otherwise, without compensation or accounting.

 

7. Notice of Claimed Infringement 

 

If you have a good faith belief that your copyright has been infringed, you can download and submit a Notice of Claimed Infringement to Make Bake’s Designated Agent, with the following information: 

 

By mail to Make Bake’s DMCA Registered Agent:  Palos Verdes Mall, #417, Walnut Creek, CA 94597

By email:  letsbake@makebake.co.

 

8. Customer Support

 

Make Bake is available by email at  letsbake@makebake.co. to address any issues you may have regarding your use of the Services.  Most concerns can be quickly resolved in this manner.  

 

9. Individual Arbitration

 

EXCEPT AS OTHERWISE STATED HEREIN, any claim or controversy with Make Bake arising out of or relating to the Site, Services and/or these Terms of Service (including its formation, interpretation, performance and breach) shall be settled by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules, excluding any rules or procedures governing or permitting class actions. Any judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.  Any arbitration conducted pursuant to these Terms of Service shall be governed by the Federal Arbitration Act, 9 U.S.C. §§1-16). 

 

ANY ARBITRATION UNDER THIS AGREEMENT WILL BE ON AN INDIVIDUAL BASIS ONLY.  THE PARTIES EXPRESSLY WAIVE THEIR RIGHT TO FILE OR JOIN A CLASS ACTION OR PRIVATE ATTORNEY GENERAL ACTION, OR TO CONSOLIDATE THEIR ARBITRATION WITH OTHER ARBITRATIONS.  YOU ARE WAIVING YOUR RIGHTS TO HAVE YOUR CASE DECIDED BY A JUDGE OR JURY.  IF ANY PROVISION OF THIS ARBITRATION AGREEMENT IS FOUND UNENFORCEABLE, THE UNENFORCEABLE PROVISION SHALL BE SEVERED AND THE REMAINING PROVISIONS SHALL REMAIN ENFORCEABLE. 

 

The AAA’s rules, as well as forms for initiating arbitration proceedings, are available at www.adr.org.   When initiating a request to arbitrate with the AAA, you must also send a copy of the completed form to: Make Bake, Palos Verdes Mall, #417, Walnut Creek, CA 94597

Unless otherwise agreed to in writing by the parties, any dispute arising from these Terms of Service shall be conducted in English at the following location: Contra Costa County, California.

 

Exception – Small Claims Court Claims.  Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in small claims courts for disputes or claims within the scope of that court’s jurisdiction. 

 

10. Make Bake's Intellectual Property

 

Copyright:  The Site and its logos, design, data, text, graphics, images, and other files, and the selection, arrangement and organization thereof, are owned by Make Bake.  You may not use such materials without permission. © 2019 Make Bake.  ALL RIGHTS RESERVED 

 

Trademarks: Make Bake and its logos are trademarks owned by Make Bake.  All page headers, custom graphics, button icons, scripts and service names are trademarks or trade dress of Make Bake. 

 

Ownership and Use:  Unless otherwise stated herein, nothing in these Terms of Service or your use of the Site gives you a right or license to use any of Make Bake’s copyrights, trade names, trademarks, service marks, logos, domain names, or any other intellectual property rights. 

 

  1. Consumer Responsibility 

 

Products Purchased on the Site Are Not Guaranteed to Be Free from Potential Allergens.  Products may be manufactured in a facility or on shared equipment that processes products that contain known allergens. 

 

Certain foods or materials may cause allergic reactions in some people – it is your responsibility to (1) read all labels, (2) store, prepare and consume food products appropriately, and (3) utilize products in the manner in which they are intended.   Make Bake shall not be liable under for any illness, health problem or other damages that may result from your use or consumption of any products purchased on the Site.

 

  1. Disclaimers and Exclusions

 

DISCLAIMER OF WARRANTIES:  TO THE EXTENT PERMITTED BY APPLICABLE LAW, Make Bake, THE SITE, PRODUCTS, SERVICES, AND ALL INFORMATION, CONTENT, OR MATERIALS OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.  Make Bake DOES NOT REPRESENT OR WARRANT THAT THE SITE, ITS SERVICES, OR USE (I) WILL BE UNINTERRUPTED, (II) WILL BE FREE OF DEFECTS, INACCURACIES OR ERRORS, (III) WILL MEET YOUR REQUIREMENTS, OR (IV) WILL OPERATE IN THE CONFIGURATION OR WITH OTHER HARDWARE OR SOFTWARE YOU USE.   EXCEPT WHERE PROHIBITED BY LAW, Make Bake EXPRESSLY DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,  IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON THE SITE, PRODUCTS, SERVICES, INFORMATION, CONTENT, OR MATERIALS INCLUDED OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE.

 

Make Bake DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY SERVICES.  Make Bake DOES NOT CONTROL ANY THIRD PARTY LINKS, SERVICES, PRODUCTS, GOODS, RESOURCES ,AND INFORMATION ON THE SITE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Make Bake MAKES NO WARRANTIES REGARDING THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES, AND INFORMATION INCLUDING, WITHOUT LIMITATION, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY AND NON-INFRINGEMENT AND WILL NOT BE LIABLE FOR YOUR USE OF OR RELIANCE ON SUCH THIRD PARTY SERVICES, GOODS, PRODUCTS, RESOURCES, OR INFORMATION.

 

AGGREGATE LIABILITY:  IN NO EVENT WILL THE TOTAL AGGREGATE LIABILITY OF Make Bake, NOR ANY OF ITS EMPLOYEES, REPRESENTATIVES, AGENTS, VOLUNTEERS, ATTORNEYS, MANAGERS, LICENSORS, BUSINESS PARTNERS, SUPPLIERS, OR VENDORS, ARISING FROM, RELATING TO, OR CONNECTED WITH THIS SITE, PRODUCTS, SERVICES INFORMATION, CONTENT, OR MATERIALS EXCEED THE AMOUNT PAID FOR THE PRODUCT GIVING RISE TO THE CLAIM. 

 

LIMITATION OF LIABILITY:  YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE, PRODUCTS AND SERVICES IS AT YOUR SOLE RISK. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Make Bake WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE, OR SPECIAL DAMAGES (INCLUDING DAMAGES FOR LOST PROFITS, LOST DATA, OR LOSS OF GOODWILL) ARISING OUT OF, RELATING TO OR CONNECTED WITH THE USE OF THE SITE, PRODUCTS, INFORMATION, CONTENT, SERVICES, OR MATERIALS, EVEN IF Make Bake HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. 

 

  1. Indemnification

 

To the maximum extent permitted by law, you agree to indemnify, defend and hold harmless Make Bake and its employees, representatives, agents, volunteers, attorneys, managers, licensors, business partners and each of their respective successors and assigns (the “Indemnified Parties”) from and against all damages, losses, liabilities, claims, expenses, fees or costs (including, without limitation, attorneys’ fees and costs) incurred in connection with any claim, demand or action brought or asserted against any of the Indemnified Parties (i) alleging facts or circumstances that would constitute a breach of any provision of these Terms of Service by you, or (ii) arising from, related to, or connected with your use of the Products, Site or Services.

 

  1. Severability

 

If any provision contained in these Terms of Service is or becomes invalid, illegal, or unenforceable in whole or in part, such invalidity, illegality, or unenforceability shall not affect the enforceability of the remaining provisions and portions of these Terms of Service, and the invalid, illegal, or unenforceable provision shall be deemed modified so as to have the most similar result that is valid and enforceable under applicable law.

 

  1. Modifications

 

Our employees, volunteers or agents are not authorized to vary these Terms of Service.  No modification of these Terms of Service shall be effective unless it is in writing and either signed by an authorized representative of Make Bake or posted on this Site by Make Bake. 

 

  1. No Agency

 

The parties to this Term of Service are independent contractors.  No agency, partnership, joint venture, employee-employer, or franchisor-franchisee relationship is intended or created by these Terms.

 

  1. Assignment

 

You shall not assign any of the rights or obligations under this Term of Service without the prior written consent of Make Bake.  Make Bake may at any time assign, transfer or subcontract any or all of its rights or obligations under these Terms without your consent.

 

  1. Successors and Assigns

 

These Terms of Service are binding on and inure to the benefit of the parties and their respective successors and permitted assigns. 

 

  1. Governing Law

 

These Terms of Service shall be governed by, construed and enforced in accordance with the laws of the State of California, without regard to or application of California’s conflict of law principles.  The parties consent to the exclusive jurisdiction of the State of California, and venue in the County of Contra Costa, with regard to any dispute, controversy or claim arising out of or relating to these Terms of Service, or the breach thereof and waive all rights to contest this exclusive jurisdiction and venue of such courts. 

 

  1. No Waiver

 

The failure or delay of either party to exercise any right, power or privilege under these Terms of Service will not operate as a waiver thereof. 

 

  1. Interpretation

 

Headings are for reference purposes only and do not limit the scope or extent of such section.

 

  1. Force Majeure

 

Make Bake will not be liable or responsible for any delays in service, for failing to provide the Services or to operate the Site as a result of any event beyond its reasonable control, including, without limitation, adverse weather conditions, internet outage or interruption of service, telecommunications or power outage, fire, flood, civil disobedience, labor disruptions, strikes, lockouts, freight embargoes, terrorism, natural disaster, war or acts of God. 

 

  1. Notices

 

All notices required or permitted to be given under these Terms of Service will be in writing and delivered to: Make Bake, PPalos Verdes Mall, #417, Walnut Creek, CA 94597, United States and/or by email at letsbake@makebake.co.  All notices by Make Bake will be sent to you by email or will be conspicuously posted on the Site.

 

  1. Complaints - California Residents

 

If you are a California resident, in accordance with California Civil Code Section 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Affairs of the California Department of Consumer Affairs by contacting them in writing at: 400 R Street, Sacramento, California 95814, or by telephone at (800) 952-5210.

 

  1. Entire Agreement

 

These Terms of Service constitute the entire agreement between you and Make Bake and supersede all prior or contemporaneous agreements, written or oral, between the parties regarding the subject matter contained herein.

 

 

MOBILE TERMS OF SERVICE

 

Make Bake Mobile Terms 


The Make Bake mobile message service (the "Service") is operated by Make Bake (“Make Bake”, “we”, or “us”). Your use of the Service constitutes your agreement to these terms and conditions (“Mobile Terms”). We may modify or cancel the Service or any of its features, but we will provide you with reasonable notice when possible. To the extent permitted by applicable law, we may also modify these Mobile Terms at any time and your continued use of the Service following the effective date of any such changes shall constitute your acceptance of such changes.


CONSENT. By consenting to Make Bake’s SMS/text messaging service, you agree to receive recurring SMS/text messages from and on behalf of Make Bake through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call list. 


ORDER UPDATES AND PROMOTIONAL MESSAGES. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (e.g., cart reminders).


PARTICIPATION IS OPTIONAL. You understand that you do not have to sign up for this program in order to make any purchases, and your consent is not a condition of any purchase with Make Bake. Your participation in this program is completely voluntary.


YOU ARE RESPONSIBLE FOR APPLICABLE CHARGES IMPOSED BY YOUR MOBILE CARRIER. We do not charge for the Service, but your wireless provider may charge you for sending or receiving SMS/text messages. You are responsible for any such charges or fees. Message frequency varies. Message and data rates may apply. Check your mobile plan and contact your wireless provider for details. You are solely responsible for all charges related to SMS/text messages, including charges from your wireless provider.


OPT-OUT AT ANY TIME. You may opt-out of the Service at any time. Text the single keyword command STOP to +18773691078 or click the unsubscribe link (where available) in any text message to cancel. You'll receive a one-time opt-out confirmation text message. No further messages will be sent to your mobile device, unless initiated by you. If you have subscribed to other Make Bake mobile message programs and wish to cancel, except where applicable law requires otherwise, you will need to opt out separately from those programs by following the instructions provided in their respective mobile terms.


SUPPORT. For Service support or assistance, text HELP to +18773691078 or email hello@letsmakebake.com.


DISCLAIMER RE CHANGES TO OUR SHORT CODE OR TELEPHONE NUMBER. We may change any short code or telephone number we use to operate the Service at any time, but we will notify you of these changes. If you send any messages, including any STOP or HELP requests, to a short code or telephone number we have changed before you receive our notification, we may not receive those messages. However, we will make reasonable efforts to process all requests made in such messages. The wireless carriers supported by the Service are not liable for delayed or undelivered messages. You agree to provide us with a valid mobile number. If you get a new mobile number, you will need to sign up for the program with your new number.


To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.


PRIVACY POLICY.  For additional information about how we collect and use your personal information, please see our Privacy Notice.