Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this website (this "site") agree that access to, use of and purchases from this site are subject to the following terms and conditions and other applicable law. If you do not agree to these terms and conditions, please do not use this site.
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Modern Bite, LLC ("Modern Bite"). The collective work includes works that are licensed to Modern Bite. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Modern Bite or purchasing Modern Bite products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own personal, non-commercial use, or to place an order with Modern Bite or to purchase Modern Bite products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Modern Bite. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
All trademarks, service marks and trade names of Modern Bite used in this site ("Marks") are trademarks or registered trademarks of Modern Bite, LLC. You may not use any of the Marks for any purpose including, but not limited to use as metatags on other pages or sites on the World Wide Web without the written permission of Modern Bite.
This site and the CONTENT and products on this site are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Modern Bite disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement, with respect TO ANY AND ALL CONTENT ON THIS SITE AND ALL PRODUCTS OFFERED OR SOLD ON THIS SITE. Modern Bite does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Modern Bite does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Modern Bite (AND ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, EMPLOYEES, AGENTS, AFFILIATED ENTITIES, AND THEIR SUCCESSORS AND ASSIGNS) shall not be liable for any special, INCIDENTAL, DIRECT, INDIRECT, consequential oR EXEMPLARY damages (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES) that result from the use of, or the inability to use, this site or the performance of ANY products OFFERED OR SOLD ON THIS SITE, even if Modern Bite has been advised of the possibility of such damages. Applicable law may not allow the limitation oR exclusion of incidental, consequential OR OTHER damages, so the above limitation or exclusion may not apply to you.
In the event that a Modern Bite product is mistakenly listed at an incorrect price, Modern Bite reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Modern Bite reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Modern Bite shall issue a credit to your credit card account in the amount of the incorrect price.
Modification of Terms and Conditions
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be changed by Modern Bite without notice at any time, for any reason, effective upon posting on this site. Any provision of these terms and conditions that imposes or contemplates continuing obligations on a party, or that grants any rights to Modern Bite, will survive the expiration or termination of these terms and conditions.
Modern Bite may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Modern Bite.
When you use this site or send emails to Modern Bite, you are communicating with Modern Bite electronically. You consent to receive communications electronically from Modern Bite. Modern Bite may communicate with you by email or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that are provided to you by Modern Bite electronically satisfy any legal requirement that such communications be in writing.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Modern Bite or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
In addition, you may not engage in any of the following activities: downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to this site or the framing of any content available through this site; uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Modern Bite's sole discretion) an unreasonable or disproportionately large load on Modern Bite's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools.
You agree to provide true, accurate, current and complete information about yourself as prompted by this site's order form. If you use this site, you are responsible for maintaining the confidentiality of your account and password, if applicable, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password. Because of this, we strongly recommend that you exit from your account at the end of each session. You agree to notify Modern Bite immediately of any unauthorized use of your account or any other breach of security. Modern Bite reserves the right to refuse service, terminate accounts, or remove or edit content in its sole discretion.
With respect to any materials you submit or make available for inclusion on this site (including, without limitation, any text, graphics, photos and videos), you hereby grant Modern Bite a perpetual, irrevocable, non-terminable, worldwide, royalty-free, non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works based on, and sublicense such materials or any part of such materials. You hereby represent, warrant and agree that any materials you submit or make available for inclusion on this site do not include anything (including, but not limited to, text, graphics, music or video) to which you do not have the full right to grant the license specified in this section, free of any third-party claims of any kind.
Modern Bite does not and cannot review all communications and materials posted to or created by users accessing the site, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Modern Bite is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Modern Bite reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Modern Bite in its sole discretion.
You agree to indemnify, defend, and hold harmless Modern Bite, its officers, directors, managers ,members, employees, agents, affiliated entities, licensors and suppliers (collectively the "Service Providers"), and their successors and assigns, from and against all claims, demands, liabilities, losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Notices and Procedures for Making Claims of Copyright Infringement
Notifications of claimed copyright infringement ("notifications") should be sent to this site's designated agent. All inquiries not relevant to or not complying with the following procedure will receive no response.
If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Modern Bite with the following information. Please be advised that to be effective, the notification must include ALL of the following:
- A physical or electronic signature of the person authorized to act on behalf of the owner of an exclusive copyright that is allegedly infringed;
- A description of the copyrighted work that you claim has been infringed;
- A description of where the material that you claim is infringing is located on this site;
- Your address, telephone number, and email address and all other information reasonably sufficient to permit Modern Bite to contact you;
- A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- A statement by you, made under penalty of perjury, that the above information in your notification is accurate and that you are the copyright owner or authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices of claimed copyright infringement should be directed to:
Modern Bite, LLC
5042 Wilshire Blvd., #160
Los Angeles, California 90036
(Please include "Notice of Infringement" in the subject line.)
In an attempt to provide increased value to our visitors, Modern Bite may link to sites operated by third parties. However, even if the third party is affiliated with Modern Bite, Modern Bite has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Modern Bite. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Modern Bite seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well (including if a specific link does not work).
You represent and warrant that you are at least 18 years of age.
Modern Bite does not warrant that product descriptions or other content of this site is or are accurate, complete, reliable, current, or error-free.
Modern Bite ships to physical addresses within the lower 48 states. The minimum order size for shipping is $35. Shipping fees are based on weight, delivery address and type of service selected. All orders must be placed by 12 noon on the day prior to the desired shipping date. Saturday delivery is available for a $20 surcharge.
Modern Bite ships all of its baked goods via FEDEX. Due to the FEDEX shipping schedule, Modern Bite cannot ship goods for arrival on Sundays. Unfortunately, we cannot ship to P.O. Boxes, APO, or FPO addresses.
We do not require signature upon receipt of any shipping order. However, due to the perishable nature of our product, it is best for someone to be present to receive the delivery. Additionally, please be aware of any specific delivery policies at your shipping destination.
Modern Bite cannot guarantee delivery if we are provided with an incorrect address, or for shipping delays resulting from inclement weather.
We guarantee delivery only to the address you provide via the shipping method you select. Shipments that you re-direct and shipments to incorrect or incomplete addresses cannot be guaranteed to deliver on time. We highly recommend that you have your baked goods arrive several days prior to your event. If you need your order delivered on a specific date, please select FEDEX Overnight or FEDEX 2Day. This is the only way to guarantee delivery on a specific date.
Modern Bite will provide you with a FEDEX tracking number via email once your order has shipped.
Return and Cancellation Policy
Modern Bite will issue a full refund for any portion of an order incorrectly filled by Modern Bite due to Modern Bite's error, provided that you notify Modern Bite within 24 hours following your receipt of the shipped order. Any shipping orders cancelled at least 5 days in advance of ship date will also be refunded. For notices given under this section, Modern Bite must receive your notice by email within the specified time period.
Special Instructions and Nut Allergies
Modern Bite does not add preservatives to its products, so we recommend enjoying your baked goods as soon as possible. Ingredients used by Modern Bite may contain preservatives.
Modern Bite bakes with nuts on the premises. We recommend those with nut allergies err on the side of caution and refrain from eating our baked goods.
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Modern Bite products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have with respect to the site (including but not limited to the purchase of Modern Bite products) must be commenced within one (1) year after the claim or cause of action arises. Modern Bite's failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Modern Bite may assign its rights and delegate its duties under this Agreement to any party at any time without notice to you. Except as otherwise expressly provided in these terms and conditions, there shall be no third-party beneficiaries to these terms and conditions. If you enter into any other written agreement with Modern Bite, the terms of such agreement may prevail over these terms and conditions if such other agreement so specifies. Headings are for reference purposes only and do not limit the scope or extent of such section. If any provision of these terms and conditions is held to be unlawful, void or unenforceable, that provision is severable from these terms and conditions and does not affect the validity and enforceability of any remaining provisions hereof.