Except as expressly indicated otherwise, contents, materials, and other information found on this Site may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of Sweet Cheesecake (defined below).
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT SWEET CHEESECAKE LLC AND ITS AFFILIATES ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT SWEET CHEESECAKE OR ITS EMPLOYMENT OPPORTUNITIES, POLICIES OR PROCEDURES.
COPYRIGHT AND TRADEMARK
All contents and materials on this Site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties (whether registered or unregistered) owned by Sweet Cheesecake. You may not use, copy, republish, duplicate, frame, or use any of the contents or materials on this Site without Sweet Cheesecake's express written consent. All rights not expressly granted are reserved.
Your use of the contents and materials included on this Site is for informational purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents or materials of this Site in any way. You acknowledge that unauthorized use of the contents or materials from this Site could cause irreparable harm to Sweet Cheesecake, and that in the event of an unauthorized use Sweet Cheesecake shall be entitled to equitable relief, including without limitation, injunctive relief and specific performance (without being required to obtain a bond or post other security or prove actual damages), in addition to any other remedy available at law or in equity.
PRODUCT SALES AND AVAILABILITY
All prices displayed on this Site are in U.S. Dollars in the United States of America. Sweet Cheesecake reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this Site.
Some embedded content or links on this Site will redirect you to sites not under the control of Sweet Cheesecake. The appearance of embedded content or a link on this Site does not imply Sweet Cheesecake support or endorsement, nor is Sweet Cheesecake responsible for the quality, content, nature or reliability of information found on any embedded content or linked site. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third-party sites will now apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Sites. You access linked sites at your own risk.
MODIFICATIONS TO THE SITE
Sweet Cheesecake reserves the right to modify or discontinue, temporarily or permanently, the Site or any features or portions thereof without prior notice. You agree that Sweet Cheesecake will not be liable for any modification, suspension or discontinuance of the Site or any part thereof.
Except with respect to principles of conflicts of laws, any dispute arising from these terms or from any other use of this Site shall be resolved in accordance with the laws of the state of Iowa and the prevailing party as determined by the trier of fact in any such action, proceeding, litigation or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorney's fees and costs.
You agree to indemnify, defend and hold harmless Sweet Cheesecake, and its owner, employees, contractors, agents, licensors, and service providers from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ or legal fees) arising out of or related to (i) your use of this Site, (ii) your violation of these terms, (iii) your violation of any rights of any third party, or (iv) your conduct in connection with the Site.
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED. WITHOUT LIMITATION, SWEET CHEESECAKE MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY FOR A PARTICULAR USE.
Sweet Cheesecake does not guarantee the functions contained in this Site will be uninterrupted or error-free, that this Site or its server will be free of viruses or other harmful components, or that defects will be corrected even if Sweet Cheesecake is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this Site may include technical inaccuracies and typographical errors. Any use of information on this Site is at your own risk.
LIMITATION OF LIABILITY
SWEET CHEESECAKE WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY OR ARISING OUT OF YOUR USE OF THE SITE, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS, OR LINE FAILURES. SWEET CHEESECAKE WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, OR SPECIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE CONTENTS OR MATERIALS ON THIS SITE, EVEN IF SWEET CHEESECAKE IS NEGLIGENT OR IF SWEET CHEESECAKE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SWEET CHEESECAKE'S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
THESE DISCLAIMERS AND LIMITATIONS DO NOT LIMIT LIABILITY THAT CANNOT BE EXCLUDED UNDER THE LAW.
Any provision of these terms shall be severable to the extent that the provision, or any portion thereof, might be illegal, invalid or otherwise unenforceable. The invalidity of any provision, or portion thereof, shall not affect the enforceability of the remaining provision or provisions.
Failure or delay by Sweet Cheesecake to exercise any right, power, privilege or remedy shall not constitute a waiver thereof. No modification or waiver Sweet Cheesecake of any provision shall be deemed to have been made unless made in writing.
Please feel free to contact us with any comments, questions or suggestions you might have regarding the information described in the Site.