Terms and Conditions
By entering this website and related services, You (the "User") agree to
the following terms and conditions with US Cake, ("We," or "the US Cake
website") reserves the right to add, delete, or revise these terms and
conditions at our sole discretion. All revisions will take effect immediately
upon posting at this site or through any other reasonable means of
notification, unless otherwise directed. Continued use of this site by you
shall be deemed to constitute acceptance of all revisions. Users are
responsible for regularly reviewing the conditions and terms of this Site Use
You will use this site for legitimate purposes, in accordance with
appropriate local, State and Federal Laws and Regulations. It is the User's
responsibility to abide by all applicable laws and regulations. If, for any
reason, any part of this Site Use agreement is disallowed in the jurisdiction
of the User, You acknowledge the enforceable terms remain in effect, and that
those which are disallowed shall be enforceable to the fullest extent of the
applicable law. No advice or information, whether oral or written, obtained
by a User from this site, its officers, directors, employees or agents, shall
create any warranty not expressly made herein.
In posting any information, You will not submit any content that infringes
upon a third party's contractual or property rights or any content that is
illegal, false, misleading, defamatory, harassing, abusive or otherwise
objectionable in nature. You agree that any content which is posted by You in
violation of a third party's contractual or proprietary rights is done so by
the User in direct contravention of this site Use Agreement, whether we are
aware of the content or not, and You assume all responsibility for any
litigation which may result from such a posting, including, but not limited
to damages, reasonable attorney's fees, and costs. Nor will You transfer any
files, programs or e-mails containing any viruses, Trojan horses, worms, or
other computer programming routines that may harm, corrupt, expropriate
information from, or place a disproportionately large burden on the website,
it's files or databases, or those of its Members.
You will not access or tamper with non-public areas of this site, or
postings of other members or their files without the express, written
authorization of this site.
You will not frame this site site without the express, written permission
The terms and conditions of this Site Use Agreement are non-transferable,
non-assignable, non-derogable, and may not be delegated to any third party.
Any such assigns, transfers, derogations or delegations shall be deemed null
You agree that all trademarks, logos, web-page graphics, software
functions, and text found on this site is the exclusive property of TCPGlobal
unless otherwise noted. Any unauthorized reproduction, expropriation,
modification, distribution or derivation of such content is expressly
forbidden, and may result in civil or criminal prosecution.
In any jurisdiction where such waivers of warranties are not proscribed by
law, the Member uses this site at his or her own risk, and all services and
data are provided without express or implied warranties of any sort,
including, but not limited to implied warranties of merchantability, fitness
for a particular use or purpose, or non-infringement. this site furthermore
does not warranty any goods or services obtained through the use of this site
from another Member or advertiser. Any dissatisfaction of a Member's job
performance or behavior is not the responsibility or fault of this site and
the Member agrees to omit TCPGlobal, its employees, agents and directors, as
a party in any litigation which may result from such dissatisfaction. In
jurisdictions where warranty waivers are proscribed, You agree that the
Membership Agreement shall be enforced in its entirety, with only those
waiver exclusions required by law excepted.
You agree to defend, indemnify, and hold harmless TCPGlobal, its officers,
directors, employees and agents, from and against any claims, actions or
demands, including without limitation reasonable legal and accounting fees,
made by any third party due to or resulting from Your use of this site or
Your violation of this Site Use Agreement.
You agree, in any jurisdiction where not proscribed by law, that neither
TCPGlobal, nor any of its officers, directors, employees or agents
responsible for creating, maintaining, or delivering this site shall be
liable for any direct or indirect damages resulting from your access, use of,
or inability to access or use this site. In jurisdictions where such waivers
are proscribed, You agree that the Membership Agreement shall be enforced in
its entirety, with only those waiver exclusions required by law excepted.
It is acknowledged and accepted by the Member that the only remedy against
TCPGlobal, its officers, directors, employees or agents for any alleged
damage caused by a performance or non-performance shall be the termination of
further use of the service. The User agrees that any dispute, which may arise
from this Site Use Agreement, shall be settled through binding arbitration,
whether based on tort, contract or other theory of law. Furthermore,
regardless of any statute or law to the contrary, any claim or cause of
action arising out of or related to use of this site or the these terms and
conditions must be filed within one (1) year after such claim or cause of
action arose or be forever barred.
Any failure of this site to enforce, in part or in whole, any of the
provisions herein listed shall not constitute a waiver of that provision or
provisions or of the rest of these terms and conditions of Site Use.
Use from time to time in its sole discretion. We may provide you with
reasonable notice of any such change, and your continued use of this site
will be deemed to constitute your acceptance of any such change.
Violations. If this site or its subcontractor become aware of a possible
initiate an investigation, suspend or terminate the account, remove materials
from its server or other area, issue a warning, or take other responsive
action. You agree to respond in a timely manner to any complaints from this
construed to limit the actions this site or its subcontractor may take or
remedies available to it in any way with respect to any prohibited activity
does not constitute consent or waiver, and this site and its subcontractor
each reserves the right to enforce such term jointly and severally at its
ANY MATERIAL OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF
THIS SITE IS AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, TELEPHONE OR FAX OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL OR DATA. NEITHER TCPGlobal NOR ITS
SUBCONTRACTOR MAKES ANY WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR
OBTAINED THROUGH THIS SITE UNIFIED MESSAGING SERVICE OR ANY TRANSACTIONS
ENTERED INTO BY USE OF OR THROUGH THIS SITE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
CUSTOMER OR THROUGH TCPGlobal.NET SHALL CREATE ANY WARRANTY NOT EXPRESSLY
LIMITATION OF LIABILITY. NEITHER TCPGLOBAL NOR ITS SUBCONTRACTOR SHALL BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES
RESULTING FROM YOUR USE OR YOUR INABILITY TO USE THIS SITE OR FOR THE COST OF
PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES OR RESULTING FROM ANY GOODS OR
SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED
INTO BY MEANS OF OR THROUGH THIS SITE OR RESULTING FROM UNAUTHORIZED ACCESS
TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, INCLUDING BUT NOT LIMITED TO,
DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE, EVEN IF TCPGLOBAL
OR ITS SUBCONTACTOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
accordance with the laws of the State of California of the United States of
America, without giving effect to its conflict of laws provisions.