The purpose of this disclaimer (“Disclaimer”) is to explain to you the responsibilities and liabilities of BrownEyedBaker.com (the “Web Site”) and of Brown Eyed Baker, LLC (“Brown Eyed Baker”) with respect to your use of the Web Site.
Affiliate Links and Compensation
From time to time, the Web Site includes featured recipes and/or product giveaways. Should Brown Eyed Baker receive compensation as a result of featuring any such recipes or giving away any such product, that fact will be disclosed.
In connection with the operation of this Web Site, Brown Eyed Baker features on the Web Site affiliate links, including links to Amazon.com, 55 Knives, Thesis and Bluehost (“Affiliate Links”). Brown Eyed Baker earns a commission from the Affiliate Links which commission is based on the number of sales that are made as a result of users of the Web Site clicking over to the Affiliate Link and purchasing from the Affiliate Link a product and/or service.
While Brown Eyed Baker may suggest information for the reader’s convenience and consideration, Brown Eyed Baker does not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any affiliate link or its content or any products, services or other offerings made in any affiliate link. Brown Eyed Baker makes no representation or warranty as to any products or services offered on any affiliate link, and Brown Eyed Baker assumes no responsibility or liability for the actions, products, services, and/or content of any affiliate link.
The Web Site attempts to be as accurate as possible. However, Brown Eyed Baker does not warrant that the descriptions of products and services or other content of the Web Site are accurate, complete, reliable, current, or error-free.
Disclaimers of Warranties and Limitations of Liability
This Web Site and its content are provided on an “AS IS” and “AS AVAILABLE” basis, and this Web Site, its content, its software, the servers and/or networks on which the Web Site resides, any electronic communications sent by Brown Eyed Baker to you and/or any other electronic files available at this Web Site may contain bugs, worms, viruses, errors, problems, harmful components or other limitations. All responsibility and/or liability for any damages caused by your use of this Web Site, including without limitation by bugs, worms, viruses, errors, problems, harmful components or other limitations, are disclaimed. You understand and agree that your use of this Web Site and any material downloaded, obtained or otherwise accessed through the use of this Web Site is done at your own discretion and your own risk, and that you are solely responsible for any and all damage to your computer system or loss of data that may result from using this Web Site and/or downloading of any such material. You further agree that if you are dissatisfied in any manner with this Web Site or your use of this Web Site, then your sole and exclusive remedy is to discontinue your use of this Web Site.
TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, BROWN EYED BAKER DISCLAIMS ALL WARRANTIES, WHETHER EXPRESSED OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND/OR FITNESS FOR A PARTICULAR PURPOSE. NO ORAL ADVICE OR WRITTEN INFORMATION GIVEN BY BROWN EYED BAKER SHALL CREATE A WARRANTY.
UNDER NO CIRCUMSTANCES SHALL BROWN EYED BAKER BE LIABLE FOR: (i) ANY INDIRECT, INCIDENTAL, SPECIAL, OR EXEMPLARY DAMAGES; AND (ii) ANY CONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION BODILY INJURY TO PERSON (INCLUDING DEATH), DAMAGE TO PROPERTY, AND COMMERCIAL LOSS OF ANY KIND (INCLUDING LOSS OF BUSINESS, PROFITS, REVENUE OR SAVINGS), RESULTING FROM, ARISING OUT OF OR RELATING TO, DIRECTLY OR INDIRECTLY, THE USE OF OR INABILITY TO USE THIS WEB SITE OR ITS CONTENT, INCLUDING WITHOUT LIMITATION ANY WEB SITES MAINTAINED BY THIRD PARTIES AND LINKED TO THIS WEB SITE AND/OR ANY RELIANCE BY YOU ON ANY CONTENT OBTAINED FROM THIS WEB SITE THAT RESULTS IN MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OR CORRUPTION OF FILES, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR ANY FAILURE OF PERFORMANCE. THIS PROVISION APPLIES TO ALL CLAIMS WHETHER BASED UPON BREACH OF WARRANTY, BREACH OF CONTRACT, NEGLIGENCE, STRICT LIABILITY IN TORT OR ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER BROWN EYED BAKER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
The Disclaimer of warranties and limitation of damages set forth herein are fundamental elements of the basis of the bargain between Brown Eyed Baker and you. By using this Web Site, you acknowledge and agree that Brown Eyed Baker has an interest in limiting the liability of itself. You further agree that you will not bring any claim against Brown Eyed Baker with respect to any damages or losses you suffer in connection with this Web Site and that the limitations of warranties, liability and damages set forth herein will protect Brown Eyed Baker.
By using this Web Site, you acknowledge and agree that the exclusions and limitations of warranties, liability and damages set forth herein are reasonable. If you do not think they are reasonable, you must not use and/or immediately discontinue your use of this Web Site.
If you have any questions about promotions, giveaways, affiliate links on the Web Site or any information contained within this Disclaimer, please do not hesitate to contact me at: