These terms are between you and Audit Tester, an individual in the United States, who publishes Harbor Lane Bakery. They govern your use of the site and of the pages at this address. By using the site you agree to them. If you do not agree, do not use it.
1. Eligibility
When you use the site you confirm that:
- you are at least 16, or at least 13 if you are in the United States, and in every case at least the age at which you can agree to your information being used where you live;
- anything you tell the publisher is truthful and accurate;
- your use of the site does not break any law that applies to you; and
- you have the legal capacity to enter into these terms, or a parent or guardian who does has agreed to them for you.
2. Updates to these Terms
These terms may change. The date at the top says when they last did, and a change takes effect on that date. If a change materially reduces your rights you will be told on the site before it takes effect. If you do not agree with a change, stop using the site before it takes effect; carrying on using it afterwards is agreeing to the version on this page.
3. Privacy Policy
What the site keeps about you is set out in the privacy policy, which is part of these terms. Read it; the things that matter are near the top. Questions about it go to the address on that page.
4. Use and Prohibited Activities
Harbor Lane Bakery is for this: A website for Harbor Lane Bakery, a small neighborhood bakery in Portland that sells sourdough, pastries and custom celebration cakes. It is for locals who want to see the menu, order cakes ahead and find our hours.. You are responsible for how you use it.
The site may be interrupted without notice for maintenance, repair, security or a fault. Except where your rights as a consumer say otherwise, an interruption does not entitle you to a refund.
While using the site you will not:
- use it for anything fraudulent, unlawful or unauthorised;
- interfere with it, place an undue burden on it or the systems behind it, or interfere with another person's use of it;
- use robots, scrapers or other automated means to collect, mine, republish or sell anything from it;
- put viruses, malware or anything else harmful through it;
- take it apart, copy it, translate it or make something derived from it, except to the extent the law where you live expressly permits despite this term;
- get round its security, or anything that limits use, access or copying;
- use it to build a competing product, or to work out whether it falls within a patent;
- impersonate anybody, or imply the publisher endorses something it does not;
- violate anybody else's rights, including intellectual property, privacy and publicity rights; or
- help anybody else do any of the above.
5. Linking
You may link to the site's pages in the ordinary way, as long as the link does not present the publisher falsely, misleadingly or disparagingly, and the page linking here does not carry unlawful, harassing, defamatory, obscene, hateful or infringing material. That permission may be withdrawn at any time.
6. Termination
You can stop at any time:
- stop using the site.
Audit Tester may end these terms, or refuse you the site, for a breach of them or of the law, by notice on the site or at the address you gave.
The sections about intellectual property, your content, purchases already made, the disclaimers, the limit on liability, indemnity and disputes survive the end of these terms, along with anything else that by its nature should.
7. Purchases
If the site offers anything for sale, its price and who takes the payment are shown to you before you pay.
Nothing in these terms limits your rights as a consumer, including any right of withdrawal or cancellation and any statutory guarantee of quality the law where you live gives you.
8. Intellectual Property Rights
The names, logos, text, designs, graphics, code, images, sounds and other content of Harbor Lane Bakery are protected by copyright, trademark and other intellectual property law and are owned by or licensed to Audit Tester. Using the site gives you no right, title or interest in any of it.
Subject to these terms, you have a limited, non-exclusive, non-transferable licence to use the site for your own personal, non-commercial purposes. You may not copy it, or any part of it, beyond what your browser does to show it to you. Rights not expressly granted are reserved.
9. Content Submitted by You
Anything you put into Harbor Lane Bakery belongs to you. The only licence you give Audit Tester is the narrow one that running the site requires: to hold it and show it back to you. It covers nothing else. Your content is not used to advertise, to build or improve other products, to train anything, or for any purpose of the publisher's own, and it is not sold or given to anyone. The licence ends when you delete the content.
You are responsible for your content, including for having the right to record what you record and to hold the details of the people in it. When the site helps you send something to somebody, you are the sender.
If you send the publisher a suggestion, a bug report or other feedback, you give a worldwide, perpetual licence, with nothing to pay, to use it for any purpose without obligation to you, and you agree it is not confidential. Do not send anything you want kept private or expect to be paid for.
10. Third-Party Sites
The site may link to websites, apps or services run by somebody else. The publisher does not run them, has not reviewed their content, and does not endorse them by linking. Visiting one is at your own risk and under that site's own terms and privacy policy. Your use of anything obtained through such a site, including its content, goods and advertising, is at your own risk.
11. No Professional Advice
Harbor Lane Bakery is not medical, legal, financial or other professional advice, and it is not a substitute for any. No record, figure or export it produces is promised to be accepted as evidence, to satisfy a legal requirement, or to secure any outcome. If money, your health or your home is at stake, take advice from a qualified professional. In a medical emergency, contact the emergency services.
The publisher is not responsible for the results of your use of the site, including decisions you make or do not make on the basis of what it shows you.
12. Other Policies
These terms apply to your use of the site and of the pages at this address. They do not alter any other agreement you may have with the publisher. How personal information is used is governed by the privacy policy.
13. Legal Disputes
13.1 Talk to us first
Most problems are solved in one email. Before starting any formal proceeding, write to phauditmusysj1a@maxxspace.com with the subject Notice of Dispute, saying who you are, what happened and what you would like done about it. The publisher will do the same if the dispute is with you. Both sides agree to try in good faith to settle it informally for sixty days before either goes further, and any limitation period is paused while they do.
13.2 Courts and law
These terms are read under the law of the United States. A dispute that cannot be settled by talking goes to the courts of the United States.
If you are a consumer, nothing in this section takes away a right the law where you live gives you to bring a claim in your own local court.
14. Warranty Disclaimer; Limitation on Liability
14.1 Disclaimer of warranties
To the extent the law allows, the site is provided as it is and as it is made available to you, without warranties or conditions of any kind, express or implied, including any implied warranty of merchantability, fitness for a particular purpose, title or non-infringement. It is not promised to be uninterrupted, without errors or secure, and no specific result from using it is promised. No advice or information you obtain from the publisher creates any warranty not stated here.
14.2 Limitation of liability
To the extent the law allows, Audit Tester is not liable to you or to anyone else for indirect, consequential, incidental, special, punitive or lost-profit damages arising out of these terms or your use of, or inability to use, the site.
To the extent the law allows, Audit Tester's total liability to you for everything arising out of these terms or the site is limited to the amount you paid for the site in the twelve months before the claim arose, or the lowest limit the law where you live permits where that is higher.
Some jurisdictions do not allow some of these exclusions or limits, so part or all of this section may not apply to you. Nothing in these terms excludes or limits liability for death or personal injury caused by negligence, for fraud, or for anything else that may not lawfully be excluded or limited, including your mandatory rights as a consumer.
15. Indemnity
You agree to indemnify and hold harmless Audit Tester and anyone working for the publisher, and their successors and assigns from any claims, damages, losses, liabilities and reasonable costs, including reasonable legal fees, arising out of your breach of these terms, your use of the site in violation of them or of the law, or your content, including a claim that it infringes somebody's rights or that you lacked the right to record or share it. The publisher may take over the defence of such a matter at your expense, and you agree to cooperate. You will be told of a claim when the publisher becomes aware of it.
This indemnity does not apply to the extent a claim arises from the publisher's own breach, negligence or wilful misconduct, and it does not apply to a consumer to the extent consumer law prohibits it.
16. Notice to New Jersey Users
If any provision of these terms is held unenforceable, void or inapplicable under New Jersey law, that provision does not apply to you and the rest of these terms remains binding. For New Jersey residents, the limit on liability does not apply where attorneys' fees, court costs or other damages are mandated by statute, and nothing in these terms limits any right you have under the Truth-in-Consumer Contract, Warranty and Notice Act.
17. Notice to California Users
Under California Civil Code section 1789.3, California users are entitled to the following notice: the site is provided by Audit Tester. If you have a question or complaint about it, email phauditmusysj1a@maxxspace.com. California residents may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs at dca.ca.gov.
18. Copyright Complaints
Notices of claimed copyright infringement are acted on in accordance with the Digital Millennium Copyright Act. If you are a copyright owner, or authorised to act for one, and believe material on the site or at this address infringes your copyright, email phauditmusysj1a@maxxspace.com with the subject Copyright Notice and include:
- the work you say is infringed;
- the material or link you say is infringing;
- your full name, your postal address and your email address; and
- this statement, followed by your physical or electronic signature: I state that the information in this notice is accurate and, under penalty of perjury, that I am the owner, or authorised to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.
The publisher will respond as the law requires, including by removing material or disabling links, and may end the access of a repeat infringer.
19. General Terms
- Non-waiver. Not enforcing a right or provision is not a waiver of it.
- Severability. If a provision is unlawful, void or unenforceable, it is severed and the rest stays in effect.
- Assignment. You may not assign or transfer these terms without the publisher's prior written consent; the publisher may assign them without needing yours, including on a sale of the business.
- No modification by staff. Nobody working for the publisher has authority to change these terms for you. Do not rely on a statement claiming to.
- Mobile services. Your carrier's normal data charges apply, and the site may be restricted by your carrier, device or country.
- Entire agreement. These terms, together with the privacy policy and any other legal notice Harbor Lane Bakery publishes, are the whole agreement between you and the publisher about the site, and replace everything said before.
- Electronic communications. When you use the site or write to the publisher you are communicating electronically, and you agree to receive notices electronically. A notice, agreement or disclosure given electronically satisfies any requirement that it be in writing.
- Language. These terms are written in English. A translation is for convenience, and the English version governs to the extent the law allows.
- Events beyond control. The publisher is not liable for a delay or failure caused by something outside its reasonable control, including a failure of the hosting or the internet, for as long as it lasts.
20. Contact Information
Questions about these terms: