Throughout this Agreement, the words “Breadcrumbz,” “us,” “we,” and “our,” refer to our company, Rizing, Inc., as is appropriate in the context of the use of the words.
5143 Choctaw Ave.
Pensacola, FL 32507
Site Availability and Modification
Although we will attempt to provide continuous Site availability to you, we do not guarantee that the Site will always be available, work, or be accessible at any particular time. We reserve the right to alter, modify, update, or remove our Site at any time. We may conduct such modifications to our Site for security reasons, intellectual property, legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or to respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Site for security, legal, or other reasons.
Third Party Links
The Site may contain links to third party websites that are not owned or controlled by Breadcrumbz. Breadcrumbz has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party websites. For parents, please be aware that if your children use the Breadcrumbz Site that third party sites may collect information from your children and you should review such third party’s privacy policies. In addition, Breadcrumbz will not and cannot censor or edit the content of any third-party site. By using the Site, you expressly relieve Breadcrumbz from any and all liability arising from your use of any third-party website.
Your Conduct While Using The Site
When accessing or using our Site, you are solely responsible for your use and for any use of the Breadcrumbz Site made using your account. You agree to abide by the following rules of conduct:
- You will not copy, distribute or disclose any part of the Site in any medium, including without limitation by any automated or non-automated “scraping”;
- You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site;
- You will not use any robot, spider, crawler, scraper or other automated means or interface not provided by us to access the Site or to extract or export data collected through the Site;
- You will not take any action that imposes, or may impose at our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
- You agree not to use the Site to stalk, harass, bully or harm another individual;
- You agree that you will not hold Breadcrumbz responsible for your use of the Site;
- You agree not to violate any requirements, procedures, policies or regulations of networks connected to Breadcrumbz;
- You agree not to interfere with or disrupt the Site;
- You agree to not violate any US laws or other international laws while using the Site; and
- You agree not to use the Site in any way that is: misleading, unlawful, defamatory, obscene, invasive, threatening, or harassing.
If you are discovered to be undertaking any of the aforementioned actions your privileges to use our Site may at our discretion be terminated or suspended. Generally, we will provide an explanation for any suspension or termination of your use of any of our Site, but Breadcrumbz reserves the right to suspend or terminate any account at any time without notice or explanation.
The name “Breadcrumbz,” the design of the Breadcrumbz Site along with Breadcrumbz created text, writings, images, templates, scripts, graphics, interactive features and the trademarks, marks and logos contained therein (“Marks”), are owned by or licensed to Breadcrumbz. The Marks are subject to copyright and other intellectual property rights under US laws and international conventions. Breadcrumbz reserves all rights not expressly granted in and to the Site. You agree to not engage in the use, copying, or distribution anything contained within the Site or Site unless we have given you express written permission.
Orders and Payment
The Site may allow you to purchase products; however, all orders are subject to availability. An order contract is not created until we accept and acknowledge your order and send you an order confirmation (“Order Confirmation”). For this reason, you agree that even after you receive an Order Confirmation we may cancel your order without penalty. We reserve the right to refuse shipments of products to you and to cancel any orders for any reasons at any time.
When purchasing any products you will be prompted to input your credit card information or to pay using the payment methods as available through the Site. You agree that we may charge full amount listed at checkout to your credit card or other payment method including taxes, shipping, and handling. Your payment information will be shared with our third party payment processor. By purchasing anything from our Site you also agree to the terms and conditions of our third party payment processor. Please be aware that all payment information will be stored and secured by the payment processor and not us.
BREADCRUMBZ EXPRESSLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF: THE ACTIVITIES OF ANY THIRD PARTY VENDORS, THIRD PARTY PRODUCTS AND ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF ANY BREADCRUMBZ PRODUCTS. The products offered via the Site are provided for your private, personal, and non-commercial use only.
Returns and Refunds
At Breadcrumbz we want you to be satisfied with our products. Therefore, we offer a 10-calendar day full refund policy for any unopened and unused products purchased through our Site. Upon receiving your product please inspect your product to ensure that it is in the proper condition. If you notice that your product is damaged or has manufacturing flaws, please contact us immediately at email@example.com. You must contact us and receive a response from us before any refund may be issued. You will only have 10 calendar days after your receipt of an item to request a refund, after such time period no returns will be accepted and no refunds shall be awarded. For any return shipping, postage shall be paid by you; please do not return or ship anything before you have contacted us and received further instructions regarding your return. Please be aware that we reserve the sole right to determine whether or not any products returned have been used or opened. Once we have determined that you are entitled to a full refund, you will be notified and the refund will be issued. For all refunds there may be additional processing time with your credit card company that may delay the posting of a credit to your account.
If we believe that you have participated in a fraudulent chargeback we will pursue our claims against you to the fullest extent allowed by law. We will forward your information to the applicable law enforcement agency and your fraudulent chargeback may result in either a civil fine or jail time.
At checkout you will be able to select from multiple shipping options. Shipping is available for the US, and other locations as listed. Prices for each location may vary. For generally sized items, standard shipping times will apply. As we do not transport the products we cannot guarantee shipping times. Before we can ship your order, Breadcrumbz must prepare your product and ensure quality control. We recommend you check all shipments immediately once you have received them. If you have any issues with your shipment, please contact us at firstname.lastname@example.org.
Risk of Loss
All items purchased through the Site are made pursuant to a shipment contract. This means that the risk of loss and title for such items pass to you upon tender of the item to the third party shipping carrier.
Depending on the laws of your jurisdiction you may be taxed for any payments or purchases. In the event that we do not collect the applicable taxes, you agree that you are still responsible for any applicable taxes. You understand that we cannot offer you tax advice and you agree to seek tax advice from your tax professional. Although no taxes may be collected by us you agree that you will pay any applicable taxes or fees to the tax agencies having jurisdiction over you. You agree that we are not responsible for collecting, transmitting, or advising on taxes, duties, or other levies by the government regarding your purchases.
Product Issues, Availability, and Pricing
As our Site contains a large number of products, it is possible that some of the products listed on our Site may be incorrectly priced, improperly labeled, or may be unavailable. Additionally, other errors may be displayed on the product page. Although we try to keep all products on our Site available and on hand, there may be times where such products are unavailable. Where you have ordered an unavailable product we will contact you and inform you that the product is unavailable, if you wish to continue with your purchase, your credit card will be charged and your order will be shipped to you once the product becomes available. Please be aware that if you purchase a currently unavailable product there may be a significant delay before you receive such product.
Where a product’s correct price is less than our stated price, you agree that we may charge you the lower price for the purchased product. If a product’s correct price is higher than the price stated on our Site, we will normally, at our discretion, either contact you for instructions before dispatching the product, or reject your order and notify you of such rejection. You agree that we are not obligated to provide you any products at an incorrect lower price, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a pricing error. Please be aware that pricing on any products may change at any time.
Product Photos and Sizing
Please be aware that all photos of any products sold on Breadcrumbz are for illustrative purposes only. Although we use reasonable best efforts to insure that our products are almost entirely similar to the photos offered on our Site, it is possible that some photos shown on our Site may not be entirely representative of the actual product. The final products received by you may vary slightly in color, size, look, finish, or style. Additionally, you should be aware that all sizing is approximate and not exact.
Limitation of Liability; Representations and Warranties
USE OF THIS SITE AND ALL PRODUCTS AND ITEMS, ARE AT YOUR EXCLUSIVE RISK, AND THE RISK OF INJURY FROM THE FOREGOING RESTS EXCLUSIVELY WITH YOU.
EXCEPT FOR ANY WARRANTIES AS EXPRESSLY PROVIDED BY ANY MANUFACTURERS OF PRODUCTS SOLD, THE SITE, ANY SERVICES, ALL PRODUCTS AND ITEMS SOLD ON BREADCRUMBZ ARE PROVIDED “AS IS”, “WITH ALL FAULTS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE.
BREADCRUMBZ DOES NOT WARRANT THAT: (1) THIS SITE, ANY SERVICES, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE UNINTERRUPTED OR ERROR FREE; (2) DEFECTS OR ERRORS IN THIS SITE, ANY SERVICES, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE CORRECTED; (3) THIS SITE, ANY SERVICES, AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS; OR (4) ANY INFORMATION CONTAINED IN THIS SITE AND PRODUCTS OR ITEMS OFFERED FOR SALE ON THE SITE, WILL BE ACCURATE OR RELIABLE.
To the extent permitted by applicable law, we (including OUR officers, directors, agents, AFFILIATES and employees) are not liable, and you agree not to hold us responsible, for any damages or losses (including, but not limited to, loss of money, goodwill or reputation, profits, or other intangible losses or any special, indirect, or consequential damages) resulting directly or indirectly from your use of the Site or any of its related services WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you. In the event that your jurisdiction does not allow us to exclude all liability, you agree that our total liablity to you will not exceed the total amount you have spent on your purchases via the site. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by Breadcrumbz’s negligence or that of any of its officers, employees or agents; (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
You agree to defend, indemnify and hold harmless Rizing, Inc., its officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
- your use of and access to the Breadcrumbz Site
- your violation of any term of this Agreement
This defense and indemnification obligation will survive this Agreement and your use of the Breadcrumbz Site. You also agree that you have a duty to defend us against such claims and we may require you to pay for an attorney(s) of our choice in such cases. You agree that this indemnity extends to requiring you to pay for our reasonable attorneys’ fees, court costs, and disbursements. In the event of a claim such as one described in this paragraph, we may elect to settle with the party/parties making the claim and you shall be liable for the damages as though we had proceeded with a trial.
We take copyright infringement very seriously, and we shall comply with the Digital Millennium Copyright Act. If you live within the US or own any copyrighted material within the US and believe that your copyright has been infringed, please send us a message which contains:
- Your name.
- The name of the party whose copyright has been infringed, if different from your name.
- The name and description of the work that is being infringed.
- The location on our website of the infringing copy.
- A statement that you have a good faith belief that use of the copyrighted work described above is not authorized by the copyright owner (or by a third party who is legally entitled to do so on behalf of the copyright owner) and is not otherwise permitted by law.
- A statement that you swear, under penalty of perjury, that the information contained in this notification is accurate and that you are the copyright owner or have an exclusive right in law to bring infringement proceedings with respect to its use.
You must sign this notification and send it to our Copyright Agent: Copyright Agent of Breadcrumbz, email@example.com.
You may only order products from the Site if you are 18 years and older. If you are under 18 please receive your parent’s permission before using any portions of the Site.
Choice of Law
This Agreement shall be governed by the laws in force in the state of Florida. The offer and acceptance of this contract is deemed to have occurred in the state of Florida.
You and Breadcrumbz agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction in Escambia County, Florida.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
Class Action Waiver
You and Breadcrumbz agree that any proceedings to resolve or litigate any dispute whether through a court of law or arbitration shall be solely conducted on an individual basis. You agree that you will not seek to have any dispute heard as a class action, representative action, collective action, or private attorney general action.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it.
If two or more provisions of this Agreement or any other agreement you may have with Breadcrumbz are deemed to conflict with each other’s operation, you agree that Breadcrumbz shall have the sole right to elect which provision remains in force.
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability. You agree that we are not required to provide you with access to our Site and Site and may terminate our Site and Site at any time and for any reason.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our discretion.
We may amend this Agreement from time to time. When we amend this Agreement, we will update this page and indicate the date that it was last modified or we may email you. You may refuse to agree to the amendments, but if you do, you must immediately cease using our Site.
The communications between you and Breadcrumbz use electronic means, whether you visit the Site or send Breadcrumbz e-mails, or whether Breadcrumbz posts notices on the Site or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Breadcrumbz in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that Breadcrumbz provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Breadcrumbz must be sent to our agent for notice to: firstname.lastname@example.org
Lastly, California users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: February 18, 2016