Peaches ‘n’ Cream Custom Catering (Peaches ‘n’ Cream) maintain this site (the "Site") to provide information about Peaches ‘n’ Cream products and services. Please feel free to browse the Site. Your access to and use of the Site is subject to the following terms and conditions ("Terms and Conditions") and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and Conditions which may be modified from time to time. You may review the most current version of the Terms and Conditions at any time at www.PeachesNCreamCatering.com/PrivacyPolicy.htm#TermsAndConditions. Any new features that augment or enhance the current Site shall be subject to the Terms and Conditions. If you do not agree to these Terms and Conditions, please do not use the Site.
1. The Site
As a visitor to the Site, you are free to browse the various web-enabled services that make up the Site. In the future, we may expand the Site to include various web-enabled features that may require registration as a user with password and account security obligations. Please check back with us regularly to review these Terms and Conditions as they will change to accommodate our enhancements. Material available on the Site may be referred to as "Licensed Content." You may view but not reproduce, sell or otherwise transfer the Licensed Content.
Peaches ‘n’ Cream values its relationship with visitors and customers and therefore makes every effort to safeguard personal information while also making product and service information available to our customers. However personal information may be necessary to collect from you if you were to ask a question or report a problem with the Site. If you contact Peaches ‘n’ Cream, we may keep a record of that correspondence. At present, Peaches ‘n’ Cream does not require registration, however in the event registration is instituted, personal information such as name, address, telephone and facsimile number, billing and credit card or other account information, would be gathered just as if you telephoned or contacted Peaches ‘n’ Cream via facsimile or regular mail.
3. Subscriber Conduct
You understand that all information, data, messages or other materials transmitted are the sole responsibility of the person from whom such material originated. This means that you and not Peaches ‘n’ Cream are entirely responsible for all uploads and/or emails transmitted via the Site. Under no circumstances will Peaches ‘n’ Cream be liable in any way for your use of any Licensed Content, including but not limited to any errors or omissions in any Licensed Content or for any loss or damage of any kind incurred as a result of the use of any Licensed Content emailed or otherwise transmitted via the Site.
You agree to not use the Site to:
(a) email or otherwise transmit anything that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
(b) impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
(c) forge headers or otherwise manipulate identifiers in order to disguise the origin of anything transmitted through the Site;
(d) email or otherwise transmit anything that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(e) email or otherwise transmit anything that infringes any patent, trademark, trade secret, copyright or other proprietary right ("Rights") of any party;
(f) email or otherwise transmit any unsolicited or unauthorized advertising or promotional materials;
(g) email or otherwise transmit any material containing software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software, hardware or telecommunications equipment;
(h) interfere with or disrupt the servers or networks connected to the Site or disobey any requirements, procedures, policies or regulations of networks connected to the Site;
(i) intentionally or unintentionally violate any applicable local, state, national or international law, rules or regulations;
5. Modifications to the Site
Peaches ‘n’ Cream reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or the Licensed Content with or without notice. You agree that Peaches ‘n’ Cream shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site. Peaches ‘n’ Cream has no obligation and assumes no duty to revise or update the Site (or any part thereof) or any Licensed Content placed on the Site, even if new information regarding Peaches ‘n’ Cream products or services or other Licensed Content becomes available for disclosure.
7. Dealings with Advertisers
Your correspondence or business dealings with, or participation in promotions of sponsors, partners, advertisers or other third parties found on or through the Site, if any, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. Peaches ‘n’ Cream specifically disclaims any obligation to review, test or otherwise confirm the accuracy of any information placed on the Site or otherwise obtained from such sponsors, partners, advertisers or other third parties. Peaches ‘n’ Cream also specifically disclaims any duty or obligation to revise the Site (or any part thereof) or any Licensed Content in connection with any changes in federal, state or local laws or regulations. You agree that Peaches ‘n’ Cream shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such third parties on the Site. However we may be privy to and use personal information provided by you to such parties.
The Site may contain links to third party World Wide Web sites or resources. Because Peaches ‘n’ Cream has no control over such sites and resources, you acknowledge and agree that Peaches ‘n’ Cream is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any advertising products or other materials on or available from such sites or resources. You further acknowledge and agree that Peaches ‘n’ Cream shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such goods, services or materials available on or through any such site or resource.
9. Peaches ‘n’ Cream’s Proprietary Rights
You should assume that everything you see or read on the Site is protected by all copyright, patent, trademark and other laws relating to the protection of proprietary rights unless otherwise noted, and may not be used except as provided in these Terms and Conditions without the express written permission of Peaches ‘n’ Cream. You acknowledge and agree that the Site and any necessary software used in connection with the Site ("Software"), all images, photography, regardless of source, graphics, artwork, text, Marks as defined elsewhere in these Terms and Conditions, and other information and material found on the Site and all intellectual property relating thereto (all of which are included in and as the "Licensed Content"), is owned by Peaches ‘n’ Cream and contains proprietary and confidential information that is protected by applicable intellectual property and other laws. Subject to compliance with the terms and conditions of this Agreement, Peaches ‘n’ Cream grants to you a restricted, nonexclusive, non-transferable, non-sublicenseable license to use the Site and Software solely as follows:
- to access the Licensed Content and Software from the Site solely for your use. You may not relicense, rent or lease the Software or use the Software for third-party training, commercial time-sharing or service bureau use or processing data of any other entity.
- You may not sell, distribute, transfer, modify, copy, transmit, create derivative works, modify or publish the Licensed Content, with or without consideration, or use the Licensed Content to compete with Peaches ‘n’ Cream or create your own web site for use by others based on or containing the Licensed Content that is accessible to third parties. You are authorized to view, but not download (other than as necessary to view), reproduce or use, any Licensed Content found on any portion of the Site. This Agreement shall automatically terminate if you breach any provision of this license and such breach is not cured within ten (10) days of notice of the breach. Peaches ‘n’ Cream grants no rights other than those granted explicitly herein and hereby reserves and retains all worldwide title, copyright and other proprietary rights in the, Site and Software, including all updates and modifications thereto. You do not acquire any rights, express or implied, in the Software or Site other than those limited rights of access specified in this Agreement.
- You further acknowledge and agree that material contained in sponsor advertisements or information presented to you through the Site or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Peaches ‘n’ Cream, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part.
10. Peaches ‘n’ Cream Products and Services
Peaches ‘n’ Cream makes no representations or warranties that any products or services that you may purchase from Peaches ‘n’ Cream will meet your business needs and expectations. The decision to acquire products or services from Peaches ‘n’ Cream is yours alone, even if Peaches ‘n’ Cream employees or agents assist in the identification, evaluation, selection or acquisition of such products or services.
11. DISCLAIMERS AND LIMITATIONS OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(a) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THE SITE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PEACHES ‘N’ CREAM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, LICENSED CONTENT OR PRODUCTS OR SERVICES PURCHASED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND NONINTERFERENCE WITH YOUR ENJOYMENT OF THE SITE.
(b) PEACHES ‘N’ CREAM MAKES NO WARRANTY THAT (i) THE SITE WILL MEET YOUR REQUIREMENTS, (ii) THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS WILL MEET YOUR EXPECTATIONS.
(c) ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
YOU UNDERSTAND AND AGREE THAT THE SITE IS PROVIDED "AS-IS" AND THAT PEACHES ‘N’ CREAM ASSUMES NO RESPONSIBILITY FOR ANY FAILURE OF THE SITE, INCLUDING BUT NOT LIMITED TO THE ACCURACY OF ANY PRODUCT INFORMATION OR PRICING, AVAILABILITY OF PRODUCTS SHOWN ON THE SITE, TIMELINESS, DELETION, OR FAILURE TO STORE ANY USER COMMUNICATIONS OR DATA. YOU EXPRESSLY UNDERSTAND AND AGREE THAT PEACHES ‘N’ CREAM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PEACHES ‘N’ CREAM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SITE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SITE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT BY YOU OR ANY THIRD PARTY ON THE SITE; OR (v) ANY OTHER MATTER RELATING TO THE SITE. TO THE EXTENT THAT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices to you may be made via either email or regular mail. Notice or other correspondence to Peaches ‘n’ Cream should be mailed to:
Peaches ‘n’ Cream Custom Catering
28867 Adkins Road
Delmar, MD 21875
Attention: P. Ward
13. Trademark Information
Peaches ‘n’ Cream Custom Catering‚ and other Peaches ‘n’ Cream logos, trade names, trade dress, product and service names are proprietary to Peaches ‘n’ Cream. You agree not to display or use the above-mentioned items in any manner.
14. General Information