Terms of Service

TERMS OF USE AGREEMENT

BAKER’S TRACK LLC (COMPANY) WELCOMES YOU TO ITS BAKING WEBSITE.
WE ASK THAT YOU READ THE FOLLOWING TERMS OF USE, WHICH
CONSTITUTE A LICENSE THAT COVERS YOUR USE OF THIS WEBSITE AND ANY
TRANSACTIONS THAT YOU ENGAGE IN THROUGH THIS WEBSITE (AGREEMENT).
BY ACCESSING, VIEWING, OR USING THIS WEBSITE, YOU ACKNOWLEDGE THAT
YOU HAVE READ, UNDERSTAND, AND AGREE WITH THESE TERMS. IF YOU DO
NOT WISH TO BE BOUND BY THESE TERMS, PLEASE DO NOT USE THIS WEBSITE.

PAYMENT AND TERM.

Once you subscribe to use our Baker’s Track website, you will have a 14-day free trial to explore
Baker’s Track. At the expiration of that time, and thereafter until you have terminated your
subscription to this website, your subscription will be automatically renewed for the relevant
subscription period chosen at the time of sign up (monthly or annual) and we will automatically
charge the credit card provided to us at the end of each renewal period. You may terminate your
subscription to our website at any time by sending a termination notice to
support@bakerstrack.com. Termination will be effective ten days after our receipt of the notice.
There will be no refunds given for payments drafted prior to termination. After termination, you
will continue to have access to all features on Baker’s Track for the remainder of any subscription
period paid for prior to termination. Any changes in the term or type of subscription offered, such as
a change to or from the pause option will be made in the settings section of Baker’s Track. All
changes selected will be effective at the end of the then current billing cycle with the exception of
moving from a pause setting to an active monthly or yearly subscription which may be made at any
time. The rate for the active subscription shall apply to the period in which the change occurs. All
subscription fees and other charges may be changed at any time by the Company with notice posted
on this section of the website.

TERMINATION

Without limiting its other remedies, we may immediately discontinue, suspend, terminate, or block
your and any user’s access to this website at any time in our sole discretion.

USE OF WEBSITE

This baking website and the applications provided therein (Baker’s Track) is provided solely for the
use of current and future subscribers of Baker’s Track and their existing or prospective customers to
provide baker’s with useful information about promoting and delivering products in their
jurisdictions, and providing them a location to showcase their products to their customers, to
facilitate the placement of orders between bakers and customers, and to generally support the
business endeavors of cottage bakers. Any other use of Baker’s Track is prohibited. By way of
example, you should not use any features of Baker’s Track that permit communications or postings
to post, transmit, display, or otherwise communicate
i. any communications or messages that do not further the core purpose of Baker’s Track to
promote cottage baking efforts;
ii any defamatory, threatening, obscene, harassing, or otherwise unlawful information;

iii. any advertisement, solicitation, spam, chain letter, or other similar type of information that
does not meet our criteria for promoting cottage baking efforts;
iv. any encouragement of illegal activity;
v. unauthorized use or disclosure of private, personally identifiable information of others; or
vi. any materials subject to trademark, copyright, or other laws protecting any materials or data
of others in the absence of a valid license or other right to do so.
If you witness or experience any violation of the above usage violations, please notify us at
support@bakerstrack, and if possibly provide the offending person’s identification and cut and
paste the relevant content into the email. We cannot guarantee that any action will be taken as a
result of your email. Please refer to this Agreement from time to time for any updates we may make
to this Agreement.

MINORS AND USE BY OTHERS

Baker’s Track is designed for use by adults. In cases where a user has authorized another individual,
including a minor, to use their Account, they are fully responsible for (1) the online conduct of such
user, (2) controlling the user’s access to and use of Baker’s Track, and (3) the consequences of any
misuse. You further recognize that the holder of the Account is entirely responsible for activities
conducted through such Account.

CONTENTS AND OWNERSHIP

The information contained on Baker’s Track, including all images, designs, photographs, writings,
graphs, data, and other materials of Baker’s Track (Materials) are the property of the Company and
are protected by copyrights, trademarks, trade secrets, or other proprietary rights. Permission is
granted to display, copy, distribute, download, and print portions of Baker’s Track solely for the
purposes of using Baker’s Track for the authorized uses described above. You must retain all
copyright and other proprietary notices on all copies of the Materials. You shall comply with all
copyright laws worldwide in your use of Baker’s Track and prevent unauthorized copying of the
Materials. Except as provided in this Notice, the Company does not grant you any express or
implied right in or under any patents, trademarks, copyrights, or trade secret information.
Subscribers retain copyrights in any photographs uploaded into Baker’s Track, but grant the
Company a non-exclusive license in any uploaded photographs of baked goods to be used for the
promotion of Baker’s Track. We shall have a royalty-free, worldwide, irrevocable, perpetual license
to use and incorporate into Baker’s Track any suggestions, enhancement requests, recommendations
or other feedback you provide.

DISCLAIMER OF WARRANTY

You expressly agree that use of Baker’s Track is at your sole risk. Neither the Company, its
affiliates, nor any of their officers, directors, employees, agents, third-party content providers, or
licensors (collectively, “Providers”), or the like, warrant that Baker’s Track will be uninterrupted or
error-free; nor do they make any warranty as to the results that may be obtained from the use of
Baker’s Track, or as to the accuracy, completeness, reliability, security, or currency of the
Materials.

The Materials may contain errors, omissions, inaccuracies, or outdated information. Further, the
Company does not warrant reliability of any statement or other information displayed or distributed
through Baker’s Track. the Company reserves the right, in its sole discretion, to correct any errors
or omissions in any portion of Baker’s Track. the Company may make any other changes to Baker’s
Track, the Materials and the products, programs, services, or prices (if any) described in Baker’s
Track at any time without notice.
BAKER’S TRACK AND THE INFORMATION, CONTENT, AND MATERIALS ON BAKER’S
TRACK ARE PROVIDED ON AN “AS IS,” “WHERE IS,” AND “WHERE AVAILABLE”
BASIS. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF BAKER’S TRACK, THE
CONTENT, INFORMATION, OR THE MATERIALS ON BAKER’S TRACK. TO THE
FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, THE COMPANY
EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND,
WITH RESPECT TO ANY OF THE MATERIALS, CONTENT, OR INFORMATION ON
BAKER’S TRACK OR ANY GOODS OR OTHER PRODUCTS OR SERVICES OFFERED,
SOLD, OR DISPLAYED ON BAKER’S TRACK OR YOUR USE OF BAKER’S TRACK
GENERALLY, INCLUDING WARRANTIES OF MERCHANTABILITY, ACCURACY OF
INFORMATION, QUALITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-
INFRINGEMENT. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER
OF IMPLIED OR OTHER WARRANTIES, SO THE ABOVE DISCLAIMER MAY NOT APPLY
TO THE EXTENT SUCH JURISDICTION’S LAW APPLIES TO THIS AGREEMENT.

LIMITATION OF LIABILITIES

YOU AGREE THAT THE COMPANY AND ITS PROVIDERS SHALL NOT BE LIABLE FOR
ANY DAMAGE, LOSS, OR EXPENSE OF ANY KIND ARISING OUT OF OR RESULTING
FROM YOUR POSSESSION OR USE OF THE MATERIALS, CONTENT, OR INFORMATION
ON BAKER’S TRACK REGARDLESS OF WHETHER SUCH LIABILITY IS BASED IN TORT,
CONTRACT, OR OTHERWISE. IN NO EVENT, INCLUDING, WITHOUT LIMITATION, A
NEGLIGENT ACT, SHALL THE COMPANY OR ANY OF ITS PROVIDERS BE LIABLE TO
YOU FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES (INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, LOSS
OR CORRUPTION OF DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER
FAILURE OR MALFUNCTION, OR INTERRUPTION OF BUSINESS), ARISING OUT OF OR
IN ANY WAY RELATED TO THE MATERIALS, CONTENT, OR INFORMATION ON
BAKER’S TRACK OR ANY OTHER PRODUCTS, SERVICES, OR INFORMATION
OFFERED, SOLD, OR DISPLAYED ON BAKER’S TRACK, YOUR USE OF, OR INABILITY
TO USE, BAKER’S TRACK GENERALLY, OR OTHERWISE IN CONNECTION WITH THIS
AGREEMENT, REGARDLESS OF WHETHER THE COMPANY OR ANY OF ITS
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT
APPLY TO YOU.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless the Company, its affiliates, agents, employees,
and licensors from and against any and all claims and expenses, including reasonable attorney fees,
arising out of or related in any way to your use of Baker’s Track, violation of this Agreement,
violation of any law or regulation, or violation of any proprietary or privacy right, or misuse of any
trademark, copyright or other proprietary material in connection with your promotion or sale of
baked goods.

PRIVACY POLICY

Click here to access the Company’s Privacy Policy governing the use of information that the
Company obtains from you through your use of Baker’s Track.
LIMITATIONS ON CLAIM

Any cause of action you may have with respect to your use of Baker’s Track must be commenced
within one year after the claim or cause of action arises. No claim against the Company shall exceed
funds paid by such claimant to the Company in the prior twelve month period.

GENERAL DISCLAIMERS

Any unavailability of Baker’s Track due to circumstances beyond our reasonable control, including
without limitation, acts of God, acts of government, pandemics, power outages, floods, fires,
earthquakes, civil unrest, acts of terror, strikes or other labor problems, Internet service provider
failures or delays, or denial of service attacks shall not be deemed the fault of the Company.
Information provided on Baker’s Track is for informational purposes only and is not intended to be
a substitute for legal, accounting or professional advice. We make no representation or guarantee
that any or all information is up to date or accurate. You retain the sole responsibility for
compliance with all applicable laws and regulations in your applicable jurisdiction.

HYPERLINK DISCLAIMERS

As a convenience to you, we may provide on Baker’s Track links to websites operated by other
entities (collectively the “Linked Sites”). If you use any Linked Sites, you will leave this site. If you
decide to visit any Linked Site, you do so at your own risk and it is your responsibility to take all
protective measures to guard against viruses or other destructive elements. Linked Sites, regardless
of the linking form (e.g., hotlinks, hypertext links, IMG links) are not maintained, controlled, or
otherwise governed by the Company. The content, accuracy, opinions expressed, and other links
provided by Linked Sites are not investigated, verified, monitored, or endorsed by the Company. the
Company does not endorse, make any representations regarding, or warrant any information, goods,
and/or services appearing and/or offered on any Linked Site, other than linked information authored
by the Company. Links do not imply that the Company or Baker’s Track sponsors, endorses, is
affiliated or associated with, or is legally authorized to use any trademark, trade name, logo, or
copyright symbol displayed in or accessible through the links, or that any Linked Site is authorized
to use any trademark, trade name, logo or copyright symbol of the Company or any of its affiliates
or subsidiaries. Except for links to information authored by the Company, the Company is neither
responsible for nor will it be liable under any theory based on (i) any Linked Site; (ii) any
information and/or content found on any Linked Site; or (iii) any site(s) linked to or from any
Linked Site. If you decide to visit any Linked Sites and/or transact any business on them, you do so

at your own risk. the Company reserves the right to discontinue any Linked Site at any time without
prior notice. Please contact the webmasters of any Linked Sites concerning any information, goods,
and/or services appearing on them.

CONTROLLING LAW, JURISDICTION, AND INTERNATIONAL USERS
This Agreement is governed by and shall be construed in accordance with the laws of the State of
Michigan, U.S.A., without reference to its conflict-of-law provisions. the Company makes no
representation that the materials are appropriate or available for use outside the United States. If you
access Baker’s Track from outside the United States, you will be responsible for compliance with
all local laws. You agree to comply with all laws and regulations applicable to your use of Baker’s
Track. You agree to submit to the personal and exclusive jurisdiction of the state or federal courts
located within Livingston, Michigan for any disputes with the Company arising out of your use of
Baker’s Track.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the Company and you with respect to
Baker’s Track, and it supersedes all prior or contemporaneous communications and proposals,
whether electronic, oral, or written, between you and the Company with respect to Baker’s Track. A
printed version of this Agreement and of any notice given in electronic form shall be admissible in
judicial or administrative proceedings based on or relating to this Agreement to the same extent and
subject to the same conditions as other business documents and records originally generated and
maintained in printed form. If for any reason a court of competent jurisdiction finds any provision
of this Agreement or portion of it to be unenforceable, that provision shall be enforced to the
maximum extent permissible so as to effect the intent of this Agreement, and the remainder of this
Agreement shall continue in full force and effect. No waiver by either party of any breach or default
hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default.

MODIFICATIONS TO AGREEMENT

We may revise this Agreement at any time and you agree to be bound by the revised Agreement.
Any such modifications will become effective on the date they are first posted to Baker’s Track. It
is your responsibility to return to this Agreement from time to time to review the most current terms
and conditions. the Company does not and will not assume any obligation to notify you of changes
to this Agreement.

ELECTRONIC COMMUNICATIONS AND ELECTRONIC SIGNATURES

You agree to be bound by any affirmation, assent, or agreement you transmit through Baker’s
Track, including but not limited to any consent you give to receive communications from the
Company solely through electronic transmission. You agree that when in the future you click on an
“I agree,” “I consent,” or other similarly worded “button” or entry field with your mouse, keystroke,
or other computer device, your agreement or consent will be legally binding and enforceable and
the legal equivalent of your handwritten signature.