By using the Cakebread Cellars (“Cakebread” or “us”) website (the “Website”) or placing any orders with us, you agree to be bound by the following Terms and Conditions. If you have any questions about these Terms and Conditions, please contact us at cellars@cakebread.com.

THIS AGREEMENT CONTAINS AN AGREEMENT TO ARBITRATION SET FORTH BELOW. Please read this agreement carefully as it affects your and our legal rights.

General Terms and Conditions

Your access to and use of the Website, including any content, functionality, and purchase of goods or services offered on or through the Website, are expressly subject to the following Terms of Use and Conditions of Sale (“Terms and Conditions”).

Please read the Terms and Conditions carefully before using the Website or placing any online orders through the Website. If you do not agree with any of these Terms and Conditions, do not access or otherwise use this Website or any information or materials contained on this Website, or place any orders or otherwise purchase products. Your use of this Website shall be deemed to be your agreement to abide by each of the Terms and Conditions set forth herein and our Privacy Policy, found at https://www.cakebread.com/privacy-policy.html, incorporated herein by reference. We may update these conditions at any time and from time to time in our sole discretion. All changes are effective immediately when we post them, and your continued use of the Website following any such change shall be deemed to indicate your acceptance of any modifications to these Terms and Conditions.

The Cakebread Cellars Website is offered and available to users who are 21 years of age or older and where information about alcoholic beverages is legally available to you. You will be asked to verify you are 21 years or older by acknowledging the same when you first enter the website. By using this Website, you represent and warrant that you meet the foregoing eligibility requirements. If you do not meet these requirements, you must not access or use the Website.

License and Website Access

Intellectual Property Rights

Cakebread grants you a limited license to access and make use of the Website for your personal, non- commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:

• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print one copy of a reasonabl e number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such application

You must not:

• Modify copies of any materials from this site.
• Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. In addition, you may not reproduce, decompile, modify, or otherwise use the Site or its underlying source code for any purposes other than for its intended use. You may not use the site for testing, analysis, or other similar purposes without the express approval of Cakebread.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by Cakebread. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Trademarks

The Cakebread name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Cakebread or its affiliates or licensors. You must not use such marks without Cakebread’s prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.

Use and Communications

By entering your mobile number and checking the box on the Cakebread Cellars website or via our reservation platform, Tock, to Opt In to text messages, you agree to receive offers and messages from Cakebread Cellars including marketing offers, events and membership opportunities. Message frequency varies and you may incur charges from your carrier as message and data rates may apply. By opting in, you authorize Cakebread Cellars to deliver SMS messages using an automatic telephone dialing system and you understand that you are not required to opt in as a condition of purchasing any property, goods, or services. You can text HELP to 20826 for help, or text STOP to 20826 to opt out of future messages.

The Cakebread Cellars Privacy Policy is found here: https://www.cakebread.com/privacy-policy.html.

Prohibited Uses of Website

You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:

• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
• To impersonate or attempt to impersonate Cakebread, a Cakebread employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm Cakebread or users of the Website, or expose them to liability.

Additionally, you agree not to:

• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service (DOS) attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.

Unauthorized use of this Website may give rise to a claim for damages and/or be a criminal offense.

Reliance on Information Posted

The information presented on or through the Website is made available solely for general information purposes. We may update the content on this Website from time to time, without notice, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material. Neither we nor any third parties warrant the accuracy, timeliness, completeness, performance, or usefulness of this information. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents. You agree that Cakebread and its licensors may make improvements and/or changes in the Website content and services or events described in this Website, if any, at any time without notice and without liability to you of any kind. You are responsible for compliance with applicable local laws, keeping in mind that access to the Website may not be legal by certain persons or in certain countries.

This Website may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Cakebread, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of Cakebread. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Links to the Website

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of this Website (https://www.cakebread.com/) so long as the link does not portray Cakebread or its products or services in a false, misleading, derogatory, or otherwise harmful or offensive manner. Should you wish to link to a particular page other than the home page, or to any particular product located on the Website, you must seek prior permission for such link by contacting us at cellars@cakebread.com. You may not use our logo or other proprietary graphic or trademark as part of any link without express written permission. You may not use any meta tags or any other “hidden text” utilizing Cakebread’s name, portion thereof, abbreviation, or trademarks without our express written consent. Any unauthorized use terminates the permission or license granted by these Terms and Conditions.

Links from the Website

From time to time, this Website may also include links to other websites. These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no control over the content of the linked website(s) and accept no for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Website Accessibility

We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

• Making all arrangements necessary for you to have access to the Website.
• Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy https://www.cakebread.com/privacy-policy.html, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you experience any difficulty in accessing any part of this Website, or if you need assistance in placing an order, arranging a visit, or learning about our wines, please call us at (800) 588-0298 during normal business hours. Please also contact us if you have feedback on the accessibility of the Website.

Contact Us:

• Phone: (800) 588-0298
• E-mail: cellars@cakebread.com
• Postal address: PO Box 216, 8300 Saint Helena Highway, Rutherford, CA 94573

Account Security

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. By using this Website, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, device or online account, and any account information saved thereon; and you agree to accept responsibility for all activities that occur under your account or password. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Cakebread reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion, if, in our opinion, you have violated any provision of these Terms and Conditions.

Restricted Territories

The owner of the Website is based in the State of California in the United States. Please be aware that some jurisdictions do not permit certain uses of this Website by its citizens due to state and/or local laws restricting the sale and/or promotion of alcoholic beverages. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. You are responsible for compliance with the laws of your home territory or country. By using the Website, you are representing that you are permitted to do so under the laws and regulations of where you live.

Information About You and Your Visits to the Website

All information we collect on this Website is subject to our Privacy Policy https://www.cakebread.com/privacy-policy.html. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

Visiting the Winery

Cakebread partners with Tock LLC (“Tock”) for all online reservations. Any reservation you make to visit the Cakebread winery via the www.exploretock.com website, or any predecessor or successor websites established by Tock, or the Tock mobile app are subject to the Tock terms of use, in addition to these Terms and Conditions.

All tastings at Cakebread winery are by appointment only. Payment is required at the time of booking. In case of any cancellation, fees are refundable up to 48 hours in advance of your reservation. If you cancel

within 48 hours of your reservation, your pre-paid fees are not refundable, unless Cakebread in its sole discretion elects to refund any pre-paid fees.

 Any guests to the Cakebread winery hereby agree to comply with the following:

• In accordance with FDA regulations, guests shall not bring any pets or other animals into Cakebread winery.
• In accordance with Napa County regulations, guests shall not carry-in food or beverages or use Cakebread property as a picnic space.
• Guests shall not smoke or vape on Cakebread property.
• Guests shall not participate in more than one tasting event at Cakebread winery per day.

We reserve the right to refuse service to anyone who does not comply with these Terms and Conditions and who appears impaired upon arrival at Cakebread winery.

Mobile Terms and Conditions

Receive special text offers and deals from Cakebread Notifications through your mobile device. Opt-in by visiting www.cakebread.com/joinmailinglist or text CAKEBREAD to 20826. Message frequency Varies. Message and data rates may apply. By opting in to this service, you consent to receive mobile text alerts using an automatic telephone dialing system. Consent to receive marketing text messages is not required as a condition of purchasing any goods or services. By signing up, you are confirming you are over the age of 21.

STOP Information:

Text STOP to 20826 to stop receiving Cakebread Notifications messages from Cakebread Cellars (you will receive a confirmation text).

HELP Information:

For additional information, text HELP to 20826 or contact 800-598-0298

Supported carriers are:

AT&T, Sprint, T-Mobile®, Verizon Wireless, Boost, Cricket, MetroPCS, U.S. Cellular, Virgin Mobile, Google Voice, ACS Wireless, Advantage Cellular (DTC Wireless), Appalachian Wireless, Atlantic Tele- Network International (ATN), Bandwidth, Bluegrass Cellular, Buffalo Wireless, CableVision, Carolina West Wireless, Cellcom, Copper Valley, C-Spire Wireless (formerly Cellsouth), Cellular One of East Central Illinois, Chariton Valley Cellular, Cross (dba Sprocket), Duet IP, Element Mobile, EpicTouch, GCI Communications, Golden State, Hawkeye (Chat Mobility), Hawkeye (NW Missouri Cellular), i Wireless (IOWA Wireless), Illinois Valley Cellular, Immix (Keystone Wireless / PC Management), Inland Cellular, Mobi PCS (Coral Wireless LLC), Mosaic, MTA Communications, MTPCS / Cellular One (Cellone Nation), Nex-Tech Wireless, Panhandle Telecommunications, Peoples Wireless, Pine Belt Wireless, Pine Cellular, Pioneer, Plateau, Revol Wireless, RINA, SI Wireless/Mobile Nation, SouthernLinc, SRT Wireless, Thumb Cellular, Union Wireless, United, Viaero Wireless, West Central Wireless, Leaco, Nemont/Sagebrush.

Sale of Alcoholic Beverages

Cakebread does not sell alcohol to persons under the age of 21 and makes every effort to ensure that alcoholic beverages are not delivered to anyone who is under the age of 21. By using this Website, you affirm and acknowledge that you are over the age of 21, that the person placing the order and receiving a shipment of alcoholic beverages from us is over the age of 21 and that receipt of shipments containing alcoholic beverages requires the signature of a person 21 years of age or older who is not intoxicated. All guests to the Cakebread winery must be 21 years of age or older, unless attending a specifically designated Family Tasting

You also agree that any alcohol purchased from the Website is intended for personal consumption and not for resale. If you do not agree with these conditions of use, please do not use this Website. If you intentionally or unintentionally misrepresent your or someone else’s age in order to provide alcohol to a person under the age of 21, Cakebread shall have the right to take action against you or seek indemnification from you for any suit to which we may be subject to the full extent allowable by law.

As required by the Communications Decency Act of 1996, Cakebread hereby notifies you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to content that may be harmful to minors.

Proposition 65 Notice

WARNING: Drinking distilled spirits, beer, coolers, wine and other alcoholic beverages may increase cancer risk, and, during pregnancy, can cause birth defects. For more information go to www.P65Warnings.ca.gov/alcohol.

Drink Responsibly

Cakebread does not condone excessive or irresponsible alcohol consumption and is committed to promoting the responsible use and advertising of our products.

Credit Card Charges

Orders are by credit card only. We accept Visa, MasterCard, and American Express. By entering your credit card information for your order with us, you are committing to the payment to Cakebread and also bound by the terms of your credit card agreement. The billing address for any such credit card needs to be provided at the time of your order and must be the address on your credit card statement. The billing address will be the address where your order will be shipped. If you wish to ship to an address different than your billing address, please provide this information at the time of your order. Please refer to our Privacy Policy https://www.cakebread.com/privacy-policy.html as to how we use your address information.

Errors and Omissions

Occasionally, our listed prices, bottle sizes, vintages or quantities may be incorrect. We make every effort to make sure that our product database is accurate; however, in the event any such mistakes occur, Cakebread shall be held harmless for any such errors. In the event that a discrepancy is identified prior to processing of an order, the customer will be contacted before any charges are made to the credit card so that the customer can make a decision to proceed or not proceed with the order (if possible). We will not fulfill an order if we determine in our sole discretion that it was entered into due to a mistake and will attempt to contact you in such event. If you make a mistake in the entry of an order that you placed, contact us immediately before the order is processed so that we can correct your order. If your order has already shipped before you alert us to an error you made in the entry of your order, you may be responsible for additional shipping costs or other costs we incur as a result.

Sales and Shipping

All wine is sold in the state of California and all orders are processed in Rutherford, California. We collect sales tax for the states to which we ship at the applicable rates for each state. You agree that you are not purchasing wine from Cakebread to ship to another state or resell, and Cakebread makes no representations as to the legal rights of anyone to ship or import wines into any state outside of California.

To offer you the best shipping rates, we ship from facilities in California, Missouri and New York, depending on your location. Our recommended order quantities are 2, 6, and 12 bottle packages. Based on the weather, we may restrict Ground Service to certain states in order to maintain the integrity of the wine; during warmer months, we only ship with service to locations with one- or two-day transit times. We ship locally with Wineshipping, LLC and our shipping prices include packaging materials. During the winter and summer months, weather conditions and longer delivery times can often result in the spoilage of your order. We will notify you by email when your wines are ready to be picked up or shipped. Your order may be delayed until ideal weather and shipping conditions arise to protect your wines.

Please note that when your wine order is picked up by the common carrier for delivery, the wine becomes your responsibility. Upon the third missed delivery attempt, your shipment will be returned to Cakebread. If this occurs, we will retain your original shipping charge, and you will be responsible for all expenses to re-ship such shipment back to you. You will also be responsible for any additional charges as a result in changes to delivery address or method made at your request following shipping.

Subject to the above, we want to ensure that you receive the wine you ordered from us in good condition. If it is damaged while shipping, contact us within 10 days of receipt and we will arrange for return or replacement in our discretion depending on the cause of damage.

 Orders cannot be shipped the same day they are placed online. Shipping wine is complex due to various state-mandated limits and requirements. We verify orders through our state compliance matrix to ensure the legality of all shipments. It takes one business day to verify and process an order, then an additional day for picking and packing.

If you would like to schedule an order with a shipping date in the future, please call us at (800) 588-0298 rather than using the online store. We are happy to schedule orders for future shipping dates, pending inventory availability.

Please note that we currently are unable to ship directly to the following states: AK, UT, IN MS, NJ, DE and RI. Due to changes in state direct-shipping laws and regulations, the list of states that we ship to may change at any time. Cakebread will arrange for shipment on behalf of the buyer, to an address specified by the buyer, provided that Cakebread in its sole discretion believes that such shipment will not subject us to the risk of any sort of legal action or other harm. If you live in a state where the direct shipment of wine by us may violate the law, we will contact you to discuss shipping options, which options may include provision of an alternative shipping address in a state where the direct shipment of wines to consumers is permitted or storage of the wines at an acceptable third-party storage facility.

An adult signature will be required for delivery of alcoholic beverages. To ensure prompt and successful deliveries of your wines, please ensure that an adult 21 years of age or older will be present and available to sign for your shipment. If no one will be at home to accept delivery, we recommend using a business address for shipping, or arranging with your shipper to hold your shipment at their location for pickup. It is the buyer’s responsibility to ensure an adult over 21 years of age is available to sign for the delivery.

Shipments will not be delivered if the recipient is not 21 years of age or older or does not have an acceptable form of ID (such as a driver’s license, passport or birth certificate), or the recipient shows signs of intoxication. We will not be held responsible for any shipment delays (or wine damaged as a result of such delays) caused by erroneous information provided by the buyer at the time of ordering or caused by the failure of an adult to be present or in a suitable state to provide his or her signature at the time the wines are delivered.

Our Guest and Member Services team is available to answer your questions and concerns via the telephone or email. Please call us at (800) 588-0298 or email us at cellars@cakebread.com between the hours of 8:30am and 4:30pm PST, 7 days a week. Please note: we are unable to ship wine out the same day an order is processed.

Cakebread Wine Club Membership Program

By signing up for a Cakebread Cellars wine club, you agree to take at least three (3) quarterly shipments before cancellation. After these shipments, your membership will renew automatically on a quarterly basis until you cancel your membership in accordance with our cancellation procedures below.

Customizing the wines in my quarterly allocation.

We are happy to customize your wines. We require that the total order price with customizations is of equal or greater value to your original club order. A pre-allocation email will be sent before each shipment with a deadline date for cancellation or any changes you would like to make. You can use your membership login to make changes on www.cakebread.com or email/call our Guest and Member Services team (at the contact info listed above) and we would be happy to assist in your customization.

Wine club benefits and selection options can be found on the “Club” section of the Website here: https://www.cakebread.com/club.html. These benefits may change in the future. If they do, we will give you reasonable notice and an opportunity to agree to those changes. All of the membership offerings described in detail on the “Club” section of the Website (https://www.cakebread.com/club.html) are offered as subscription programs that automatically renew unless and until you cancel your membership, or your membership is terminated pursuant to these terms and conditions of use.

Credit Card Charges

Your card will be charged when the order is processed, which is 7-10 days after you receive your pre- allocation email. If you would like to avoid being charged and have received at least 3 quarterly wine club allocations, please follow the cancellation steps prior to your next shipment which can be found below. By signing up as a member, you are agreeing to the automatic renewal of your membership and having your credit card automatically charged four (4) times per year prior to each shipment for the amount charged per shipment for each membership level depends on the membership selected based on the club pricing options on the “Club” page, plus any applicable taxes and shipping charges.

The amount charged will depend on which wine club option you select. The Club options and average price for each of our wine clubs can be found here. The average prices listed exclude taxes and delivery costs.

For Shipping Members:

We aim to send shipments 7-10 days after the order is processed. A pre-allocation email will be sent before each shipment with a deadline date for cancellation or any changes you would like to make. If you have received at least 3 quarterly wine club allocations, you will be able to cancel immediately if you ask to cancel no later than 7 days after we send you your pre-allocation email. If you have not yet received at least 3 quarterly wine club allocations, your cancellation request will become valid immediately after receiving your 3rd wine club shipment. If making changes, we ask that you update your payment information and address within this time to ensure timely delivery of your wines. There must be a recipient 21 years of age or older to accept the shipment. The carrier will make three consecutive delivery attempts before returning your wines to us.

For Pickup Members:

You will be notified by email of your pre-allocation assortment, along with the date your wines will be ready to pick up. We ask that you follow the same guidelines for customization as shipping members above if you wish to change your selection. Pickup orders are charged when available for pickup and held at the winery for the next 60 days. Past 60 days, we will ship the pre-allocated wines or wines you have customized to the billing address on file. The cost of the shipping will be charged to your account. If you do not pick up your wine within 60 days for two allocations within the calendar year, you will be automatically switched to a shipping member to better accommodate your needs. The cost of shipping will become your responsibility for each future allocation at the time that the membership is changed.

MEMBERSHIP CANCELLATION

 If you would like to cancel your membership, please call or email our guest and member services team at cellars@cakebread.com or 800.588.0298 no later than 7 days after we send you your pre-allocation email.. By signing up for a Cakebread Cellars wine club, you agree to take at least 3 quarterly shipments before cancellation. If you send us a cancellation request before you have received at least 3 quarterly shipments, your cancellation request will become effective immediately after you have received your third quarterly shipment.

Cakebread Photo Contest Participation

 We may on occasion conduct photo contests whereby Cakebread solicits customer photos for the opportunity to win certain prizes. Prizes are not guaranteed and are awarded in the sole discretion of Cakebread. All participant photos become property of Cakebread upon submission and are subject to our Privacy Policy found at https://www.cakebread.com/privacy-policy.html, incorporated herein by reference. By participating in any Cakebread photo contest, you represent that you are the original author and current copyright holder of any photograph that you submit, and you agree that Cakebread shall have any and all rights to use your photo submission, including publication and reproduction thereof.

All subjects and participants MUST be 21 or over. Contest prizes cannot and will not be awarded to an authorized licensee (as defined in Section 256001. of the California ABC Act), retail licensee, or wholesale licensee, or agent, officer, employee, or family member of an authorized licensee, retail licensee or wholesale licensee. “Family member” includes a spouse, parent, sibling, child, son-in-law, daughter-in-law, and all lineal descendants, including those by adoption.

For additional information, call the winery at (800) 588-0298 or contact us via email at social@cakebread.com.

Notices

We may provide any notice to you under these Terms and Conditions by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

No Assignment

These Terms and Conditions are personal to you and you may not transfer, assign, or delegate these Terms and Conditions to anyone without the express written permission of Cakebread. Any attempt by you to assign, transfer, or delegate these Terms and Conditions without the express written permission of Cakebread shall be null and void. These Terms and Conditions will inure to the benefit of Cakebread, its successors, assigns, and licensors. The paragraph headings in these Terms and Conditions, shown in boldface type, are included to help make the agreement easier to read but have no binding effect.

Choice of Law

Your use of this website and any dispute arising out of such use of the website is subject to the laws of the State of California and of the United States. California law and controlling United States federal laws, without regard to the choice or conflicts of law provisions of any jurisdiction, will govern any action related to these Terms and Conditions.

Dispute Resolution – AGREEMENT TO ARBITRATION

Any dispute, claim or controversy arising out of or relating to these Terms and Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, with the exception of claims within the jurisdiction of the applicable small claims court, shall be determined by arbitration in San Francisco, California, before one (1) arbitrator who meets the requirements to serve as an arbitrator in the State of California. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures, unless we both agree at the time to the use of JAMS Streamlined Arbitration Rules and Procedures. The arbitrator shall follow any applicable federal law and California state law in rendering an award. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude the parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The parties further understand and agree that the arbitrator’s decision shall be final and binding to the fullest extent permitted by law and enforceable by any court having jurisdiction thereof.

You agree to submit to the jurisdiction of the courts located in the County of San Francisco in the State of California, for the resolution of all disputes arising from or related to such arbitration including the enforcement of any decision therefrom, these Terms and Conditions, and/or your use of the website.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER CAKEBREAD NOR ANY PERSON ASSOCIATED WITH CAKEBREAD MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER CAKEBREAD NOR ANYONE ASSOCIATED WITH CAKEBREAD REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.

TO THE FULLEST EXTENT PROVIDED BY LAW, CAKEBREAD HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation of Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT SHALL CAKEBREAD AND ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR

LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE WEBSITE, THE USE OR PERFORMANCE OF THE WEBSITE, THE DELAY OR INABILITY TO USE THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY EVENTS, INFORMATION, APPLICATIONS, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF CAKEBREAD OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

Waiver and Severability

If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties, with all other provisions remaining in full force and effect. The failure of Cakebread to enforce any right or provision in these Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Cakebread in writing.

Entire Agreement

These Terms and Conditions are available at https://cakebread.com/terms-and-conditions.html and our Privacy Policy is available at https://www.cakebread.com/privacy-policy.html and comprise the entire agreement between you and Cakebread and supersede all prior or contemporaneous negotiations, discussions or agreements, if any, between the parties regarding the subject matter contained herein.

Indemnification

You agree to defend, indemnify, and hold harmless Cakebread, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website, including, but not limited to, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website. Such indemnification includes but is not limited to your use of the site in violation of any minimum age restrictions or other prohibitions related to alcohol in the jurisdiction in which you are located.