Terms and Conditions

Last Updated on June 15, 2021

 

NOTICE: Please read the terms and conditions set forth below, which are legally binding.  By visiting, viewing or using this website and/or by using any program, product, course or service from us, you agree to be bound by these Terms and Conditions and our Privacy Policy.

 

Early Bird Cheesecakes, earlybirdcheesecakes.com (“website”), which is operated by 3 Sisters LLC. D.B.A. Early Bird Cheesecakes (“Company”, “we”, “us”, or “our”) provides visitors information on the website subject to the following terms and conditions (“Terms and Conditions”).  The term “you” refers to any visitor, viewer or user of the website and/or any user of any free or paid program, product, course or service of the Company (each, a “Product”).

By viewing, visiting or using the website and/or a Product, you indicate your acceptance and agreement to be bound by these Terms and Conditions and our Privacy Policy, which are hereby incorporated by reference (collectively, this “Agreement”).  If you do not accept the terms and conditions of this Agreement, then please do not use the website or any Products. These Terms and Conditions were created with the help of Privacy Policy Solutions.

We reserve the right to amend this Agreement at any time without notice to you.  We will alert you to any changes by posting the effective date of the latest version at the top of this page, at which point any changes will become immediately effective.  It is your responsibility to check for updates, as your continued use of the website or any Products after this Agreement is amended will constitute your acceptance and agreement to continue to be bound by this Agreement, as amended.

FEES

When you purchase any Product through this website, you are responsible for all applicable fees and taxes.  It is your responsibility to provide complete, accurate and up-to-date billing and credit card information.

 

WEBSITE AVAILABILITY

Your access to the website or Products may be occasionally restricted, such as when we need to make repairs or are introducing new features. 

 

ORDER POLICY

We require that all orders be paid in full at the time they are placed: on our website or in-person. In the case of catering orders, we offer a two-equal-payment plan with the total amount due and paid in full at least two weeks prior to the event delivery or pick-up date.

 

DELIVERY POLICY

We reserve the right to complete deliveries through our in-house or third-party delivery services. Delivery rates and orders are subject to your delivery address falling in the defined delivery area and are based on proximity to our commercial kitchen.

 All delivery orders are subject to a $25 minimum.

We reserve the right to change our delivery policy at any time.

REFUND POLICY

We reserve the right to change our refund policy at any time.  We do not offer refunds for any of our Products under any circumstances.  We believe we provide products and services that are high-quality and at a reasonable price point.

 

RETURN POLICY

If you are not happy with your purchase, please let us know about the problem within 48 hours of the receival with the contact information provided at the end of this page. Full or partial refunds and credit are decided on a case-by-case basis. We reserve the right to change our return policy at any time.

 

CANCELLATION POLICY

If you need to cancel your order, you may cancel and receive a full refund if you request the cancellation at least 7 days before the original pick-up or delivery date. Submit a cancelation inquiry to us via email to contact@earlybirdcheesecakes.com with “Cancel Order Request” in the subject of your email. You cannot cancel orders by phone.

 

In the case of catering orders, we require ten days’ notice. It may be possible for us to offer full or partial store credit for a future purchase in the event of a cancellation. The amount of the potential store credit depends on how much progress has already been made in the pursuit of completing your order.

 

Product that is not picked up at the day and time you selected cannot be refunded or be put on store credit.

 

We reserve the right to change our cancellation policy at any time.

 

PRODUCTS OR SERVICES 
Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy. 
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor's display of any color will be accurate. 
We reserve the right, but are not obligated, to limit the sales of our products or Services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited. 
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. 

 

USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS 
If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments. 
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party. 

 

THE UNITED STATES AND OVER 13 USE ONLY

The website is intended only for individuals over the age of 13 residing in The United States.  We do not make any representations that this website is appropriate or available for use outside of The United States.  If you access the website or any of our Products from outside of The United States, you do so at your own risk and on your own initiative.  It is solely your responsibility to ensure compliance with applicable laws in your specific jurisdiction.

GUIDELINES FOR USE

We have established certain guidelines to keep our community safe (“Guidelines”).  By visiting or using the website or any Product, you agree to abide by these Guidelines, which are as follows:

• You will comply with all applicable law;
• You will not upload, post, send, email, or otherwise make available any information or content which in any way infringes any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights, or any information or content which you do not have the right to make available, through any law, contractual or fiduciary relationship or otherwise;
• You will not act in any way that is fraudulent, false, misleading, deceitful or deceptive, such as by impersonating another individual or falsifying your association with an individual or entity;
• You will not upload, post, send, email, or otherwise make available any material or behave in any manner which could be perceived as harassing, demeaning, threatening, “stalking”, defamatory, sexually explicit, abusive, vulgar, hate speech, obscene, indecent or otherwise objectionable;
• You will not upload, post, send, email, or otherwise make available any material which would reveal the personal information of another individual;
• You will not behave in any manner which could limit or otherwise impact any other person’s use or enjoyment of the website and/or any Product;
• You will not engage in any unsolicited or unauthorized advertising nor will you send any spam;
• You will not attempt to gain unauthorized access to any portion of the website or any of the Products;
• You will not engage in or encourage others to engage in any activity which would violate any law, constitute a criminal offense, give rise to civil liability, or infringe on the rights of any third party;
• You will not send any materials which contain viruses, devices, information collection or transmission mechanisms, trojan horses, worms, time-bombs, adware, keystroke loggers or any other programs or code which would be harmful to, interfere with or attempt to interfere with our systems;
• You will not engage in market research or any research intended to help a competitor;
• You will not deploy any automated query program, such as a bot or spider, at any time or for any purpose without our express written consent;
• You will not block or cover any advertisements on the website;
• With the exception of any personal information you share (which is covered under our Privacy Policy), once you upload, post, send, email, or otherwise make available any material, we have the right to display, repurpose or otherwise use such material in any way; and
• You will notify us through the contact information provided below if you know or have reason to know that a violation of any of our Guidelines has occurred.

 

We reserve the right to deny you access to the website and any Products in our sole discretion at any time and for any reason.

INTELLECTUAL PROPERTY

The website and its content and all Products, including but not limited to videos, photographs, sound recordings, images, digital content, material available as a free download, text, graphics and other material, are owned or licensed by the Company and are protected by copyright, trademarks (whether registered or unregistered), design rights, database rights and all other intellectual property rights afforded to us (“Intellectual Property”).

While you may view and have access to our Intellectual Property for your own personal and non-commercial use, you agree to abide by the following:

• Our Intellectual Property must be kept intact with the proper copyright and other intellectual property notices; and
• You may not reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Intellectual Property for any commercial or non-personal use, unless you have received explicit written consent from us to do so.

It is in our sole discretion to give written consent for you to reproduce, resell, distribute, publicly perform, create derivative works, translate, transmit, post, republish, copy or otherwise use our Intellectual Property.  If you have any questions, please contact us using the contact information provided below.

LIMITATION OF LIABILITY

To the fullest extent permissible by law, the Company and our officers, employees, assignees and licensees, as applicable, shall not be liable for any direct, indirect, special, incidental, consequential, exemplary or other loss or damage, including but not limited to damages for loss of profits, goodwill, business interruption, use or loss of data or other intangible losses, which may directly or indirectly arise out of or be related to your use of or inability to access this website or any Products or your reliance on any advice, opinion, information, representation or omission contained on, or received through this website or any Products, even if we have been advised of the possibility of such damages occurring. 

 

This limitation of liability applies whether such liability arises from tort, negligence, breach of contract or any other legal theory of liability.

 

INDEMNIFICATION

You shall indemnify, defend and hold harmless the Company and our affiliates, and our respective contractors, successors, joint venture partners, shareholders, agents, affiliates, officers, employees, assignees and licensees from and against any and all damages, liabilities, losses, costs and expenses resulting from any suits, proceedings, judgments, demands, causes of action and claims (collectively, the “Claims”), including legal and accounting fees and expenses, whether or not involving a third party claim, to the extent arising out of, relating to or resulting from: (i) your use or misuse of this website or any of our Products, (ii) your breach of this Agreement, or (iii) your violation of any third party rights, including without limitation any copyright, trade secret, trademark, right of publicity, privacy, property or other intellectual property or proprietary rights.  We will provide you with notice of any Claims, and may in our sole discretion assist you, at your expense, in defending such Claims.  We reserve the right to assume exclusive control of defending any such Claim, at your expense, including choice of legal counsel.  You agree to cooperate and assist us in defending any such Claim.

 

GOVERNING LAW

All matters relating to or arising out of this Agreement shall be governed by and construed and interpreted under the laws of the State of Virginia, United States of America, without regard to conflicts of laws principles that would require the application of any other law.

 

INJUNCTIVE OR OTHER EQUITABLE RELIEF

We may seek injunctive or other equitable relief that is necessary to protect our rights and intellectual property.  All actions or proceedings related to this Agreement that are not subject to binding arbitration will be brought the State of Virginia, United States of America. You hereby unconditionally and irrevocably consent to the personal and subject matter jurisdiction of those courts for purposes of any such action.

 

CLASS ACTION WAIVER

You agree that any dispute arising out of or relating to this Agreement shall be solely between you and the Company. 

 

YOU AGREE TO WAIVE THE RIGHT TO LITIGATE IN COURT OR ARBITRATE ANY CLAIM OR DISPUTE AS A CLASS ACTION.  YOU AGREE THAT YOU WILL ONLY MAKE CLAIMS AGAINST US IN YOUR INDIVIDUAL CAPACITY, AND CANNOT MAKE CLAIMS AGAINST US AS A MEMBER OF A CLASS OR AS A REPRESENTATIVE.

 

ENTIRE AGREEMENT

This Agreement, the Privacy Policy and Disclaimer contain the entire agreement between you and the Company with respect to the subject matter hereof and thereof and supersede all prior agreements and undertakings, both written and oral, with respect thereto.

 

TERMINATION OF AGREEMENT

We reserve the right, in our sole discretion, to terminate this Agreement and to terminate, restrict, deny, or suspend your access to the website and all Products at any time and for any purpose without prior notice.  We also reserve the right to discontinue any or all of the website or Products at any time and for any purpose without prior notice.

 

SEVERABILITY

If any term or other provision of this Agreement is held to be invalid, prohibited or unenforceable under applicable law, the other provisions of this Agreement will remain in full force and effect.

 

MISCELLANEOUS

Our failure to act on or delay in exercising any privilege, power or right under this Agreement will not operate as a waiver of such privilege, power or right, and no single or partial exercise of any such privilege, power or right will preclude any other or further exercise of such privilege, power or right or the exercise of any other privilege, power or right.

 

Subheadings in this Agreement are used for convenience of reference only and in no way define, describe, limit or extend the scope of this Agreement or the intent of any of its provisions.  They shall not be considered in construing or interpreting this Agreement.

 

The terms and conditions of this Agreement shall inure to the benefit of and be binding upon the successors, heirs, executors, administrators, legal representatives and assigns of the Company.  Nothing in this Agreement, express or implied, is intended to confer upon any party other than the Company or our successors, heirs, executors, administrators, legal representatives and assigns, any rights, remedies, obligations or liabilities under this Agreement.  You may not assign any of your rights or transfer any obligations under this Agreement to any other person.

 

HOW TO CONTACT US

If you have any questions or concerns related to this Privacy Policy, please contact us using the information below.

●       Email: contact@earlybirdcheesecakes.com

●       Contact form: earlybirdcheesecakes.com/pages/contact