Terms & Conditions
The statements made regarding the products on our Site have not been evaluated by the Food and Drug Administration (the “FDA”). The efficacy of these products has not been confirmed by FDA-approved research. These products are not intended to diagnose, treat, cure or prevent any disease. All information presented here is not meant as a substitute for or alternative to information from health care practitioners. Please consult your health care professional about potential interactions or other possible complications before using any product. The Federal Food, Drug and Cosmetic Act requires this notice.
To visit, participate in any activities on and/or place an order on the Site you must be at least 21 years of age.
Use of the Site
The Site contains materials supplied by the Site and its affiliates, parents and subsidiaries, as well as other sources. These materials are protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws, and we own or control all materials or a third party that submitted materials to the Site owns the material. Except as expressly authorized by the Site, you may not modify, copy, reproduce, republish, upload, post, transmit, distribute, sell, license, rent, publicly display or perform, edit, adapt or create a derivative work of any material, or design elements obtained from the Site, including code and software (“Material”).
You may not use the Site in any way that is objectionable, unlawful or impairs the functioning or use of the Site by us or other users. If, in our sole discretion, you violate these Terms of Service, we may suspend, deny or restrict your access to the Site or any Content. Our decision whether to suspend, deny or restrict access in no way limits any other right or remedy that we may have against you. We may take any other action that we deem appropriate to protect ourselves and our users.
More specifically, under these Terms of Servcie, you agree to refrain from, among other things, use of the Site or the Content in a manner that:
is threatening, harassing, abusive, defamatory, slanderous, fraudulent, gratuitously violent, obscene, deceptive, pornographic, libelous, harmful to minors, invasive of another’s privacy, or racially, ethnically or otherwise offensive, hateful or abusive; infringes or misappropriates our, or a third party’s, intellectual property, confidentiality, or other rights; violates export and re-export control laws and regulations; advocates or solicits violence, criminal conduct or the violation of law or the rights of any third party; distributes advertising or promotional content; compiles, uses, downloads or otherwise copies any user information or usage information (whether or not such information constitutes personally identifiable information), or that impermissibly transmits, provides or otherwise distributes such information to any third party; provides material support, or resources (or conceals or disguises the nature, location, source, or ownership of material support or resources), to any organization designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act; decompiles, disassembles, uses reverse engineering or otherwise attempts to derive the source code for the computer systems and other technology that operate the Site or that is available through the Site; accesses (or attempts to access) the Site or any of the Content by any means other than through the means that we provide, including without limitation by any automated script or routine, including “robots,” “spiders,” “offline readers,” bots, web crawlers or other means that accesses the Site or the Content in a manner that sends more request messages to servers in a given period of time than a human can reasonably produce in the same period by using a conventional online web browser; interferes with or disrupts the Site (or the servers and networks which are connected to the Site), whether via malicious software or otherwise; or reproduces, duplicates, redisplays, frames, makes copies of, or resells the Site, or any of the Content for any purpose without our express, written permission. You may not use this Site to transmit unsolicited email. You may not send unsolicited email to this Site or to anyone whose email address includes the domain name used on this Site. You may not use our domain name as a pseudonymous return email address for any communications which you transmit from another location or through another service. You may not pretend to be someone else—or spoof their identity—when using this site.
You agree to act responsibly on the Site and to treat other users with respect. Use of any Content or Material for any purpose not expressly permitted in this Agreement is prohibited. For information on requesting permission to use, reproduce or otherwise distribute any of the Site Content or Material for commercial purposes, please send a written request to CupCakeBowls2021@gmail.com. Decisions to grant or deny permission are within the Company’s sole discretion.
Trademarks. CupCakes and all other trademarks, service marks, and trade names used in connection with the Services or the Site are trademarks owned by PRKS Holdings, LLC and/or its licensors in the U.S. and other countries, whether or not federal registration has been pursued (“The PRKS Trademarks”). The PRKS Trademarks and any related trade dress may not be used without permission and may not be used in connection with any product or service that is not a PRKS Enterprises-endorsed product or service. All other trademarks not owned or licensed by PRKS Enterprises that appear on the Site are the property of their respective owners.
Copyrights. Certain Content on this Site, including but not limited to literary, dramatic, musical, visual, and other artistic works, is protected by U.S. Copyright Law and you agree that you will not reprint, republish, or distribute any portion of the Content without expressed written permission to do so.
Digital Millennium Copyright Act: The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
PRKS Holdings, LLC respects the intellectual property rights of others. If you believe in good faith that materials hosted by the Site infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed or access to it blocked. If you believe that your copyright-protected work has been copied and posted on the Site in a way that constitutes copyright infringement, then please contact our DMCA Agent, with the following information:
An electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; Reasonably sufficient details to enable us to identify the work claimed to be infringed or, if multiple works are claimed to be infringed, a representative list of such works (for example: title, author, any registration or tracking number, URL); Reasonably sufficient detail to enable us to identify and locate the material that is claimed to be infringing (for example a link to the page that contains the material); Your address, telephone number, and email address; A statement that the you have a good faith belief that the disputed use is not authorized or consented to by the copyright or intellectual property owner, its agent, or the law; and
A statement, made under penalty of perjury, that the above information in the notice is completely accurate and that you are the copyright or intellectual property owner or are authorized to act on the copyright or intellectual property owner’s behalf. It is our policy that, upon receiving of a valid DMCA notice, we will remove or disable access to allegedly infringing material. There are substantial penalties for false claims (see 17 U.S.C. § 512(f) – providing sanctions for material misrepresentations of copyright infringement).
Pursuant to Title II of the DMCA, all claims alleging copyright infringement for material that you believe to be residing on our Site, system or network should be promptly sent in the form of written notice to our designated agent as follows:
Our designated Agent for DMCA Notices (the “DMCA Agent”) is firstname.lastname@example.org.
Filing a DMCA Counter-Notification
If you believe a notice of alleged copyright infringement under the DMCA has been wrongly filed against you, you may submit a counter-notification to our DMCA Agent. Specific requirements for a proper counter-notification are set forth in the DMCA (see 17 U.S.C. § 512(g)(3)). A valid counter-notification must be a written communication that includes all of the following elements:
A physical or electronic signature; Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and Your name, address, and telephone number, and a statement that you consent to the jurisdiction of federal district court for the judicial district in which the address is located, or if your address is outside of the U.S., for any judicial district in which the service provider may be found, and that you will accept service of process from the complainant.
Upon receipt of a valid counter-notification, we will forward it to the original complainant who submitted the DMCA notice alleging copyright infringement. The original complainant will then have ten days to notify us that it has filed a lawsuit relating to the allegedly infringing material otherwise we will restore the removed material or cease disabling access to it.
Repeat Infringer Policy
Pursuant to Section 512 of the DMCA, it is our policy to terminate the account of any repeat copyright infringer in appropriate circumstances.
THIRD PARTY PRODUCTS, LINKS, AND ACTIONS
The Site may include or offer third party products or services. The Site may also have other users or members who interact with each other, through the Site, elsewhere online, or in person. Our Site may also contain links and pointers to other website and resources on the Internet that are controlled by third parties. These links are provided solely as a convenience to you and do not constitute an endorsement by the Site, its parents, affiliates or subsidiaries of any third party resources or content. Links do not imply that the Site sponsors, is affiliated with, or, is associated with, or otherwise recommends, certifies or endorses the third party link or site or any related products.
Any concerns regarding external links or website should be directed to the respective website administrator or system operator. The Site reserves the right, in its sole discretion, to terminate links with any third parties or other website that they deem inappropriate or inconsistent with the Site. The Site, its parents, affiliates and subsidiaries make no representations about the content, functionality or practices of such any third party sites and resources and specifically disclaim any and all warranties, express or implied, with respect thereto.
In general, PRKS Holdings, LLC does not object to links to the Site from third-party websites. You may link to the Site, however do not, without our written permission: (a) incorporate any of our Content into your website (e.g., by in-lining or framing); (b) use any of the PRKS Trademarks taglines, slogans, trade names or any other words or codes identifying CupCakes, our products or PRKS Holdings, LLC or the Site in any “metatag.”
Advice, Opinions and Third Party Content Disclaimer
The Site, its parents, affiliates and subsidiaries do not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through the Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that the Site, its parents, affiliates and subsidiaries shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on the Site.
The Site and its content are provided solely for informational purposes and do not constitute endorsements or guarantees by the Site of any featured venue or the products or services available from such venues. The Site accepts no liability in connection with the inclusion or omission of any venue from the Site, and will not be responsible for changes in factual information that may appear on the Site.
DISCLAIMER OF WARRANTIES
THE INFORMATION ON THE SITE IS PROVIDED “AS IS.” THE SITE DOES NOT WARRANT, EITHER EXPRESSLY OR BY IMPLICATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE OR THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE, AND EXPRESSLY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE ENTIRE LIABILITY OF THE SITE IN CONNECTION WITH THE SITE OR SERVICES, AND ANY PARTY’S EXCLUSIVE REMEDY, SHALL BE LIMITED TO THE AMOUNT, IF ANY, ACTUALLY PAID BY USER TO THE SITE OWNER DURING THE 12 MONTHS PRIOR TO THE EVENT THAT USER CLAIMS CAUSED THE DAMAGES.
VIOLATIONS AND INDEMNIFICATION
Choice of Law and Dispute resolution This Agreement shall be construed and interpreted in accordance with the laws of the State of Colorado, without giving effect to the choice-of-law rules of that State. Any claim, controversy or dispute arising out of or relating to this Agreement will be exclusively governed by Colorado law consistent with the Colorado Revised Uniform Arbitration Act.
You agree to attempt in good faith to settle any controversy that may arise between us. In the event we are unable to settle a controversy, you agree to submit in good faith to mediation of the dispute. Any controversy or claim arising out of or relating to this Agreement or the breach thereof that remains unsettled by the Parties through mediation, shall be settled by arbitration in Denver, Colorado in accordance with the rules of JAMS then in effect, and judgement upon the award rendered by the arbitrator(s) shall be final and binding upon the parties hereto. You and the Company shall bear their own legal costs incurred in the settlement of any controversy or claim. The arbitration will be kept confidential among you, the Company, JAMS, and the arbitrator(s), except as required in connection with any enforcement of such award or otherwise required by law.
YOU HEREBY WAIVE TRIAL BY JURY IN ANY ACTION OR PROCEEDING INVOLVING, DIRECTLY OR INDIRECTLY, ANY MATTER IN ANY WAY ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. You consent to personal and subject matter jurisdiction in the State of Colorado and agree to accept personal service of process relating to any such disputes. You agree you will not initiate or seek to transfer in any way an action relating to or arising out of the Agreement to any other forum.
CHANGES TO THE SITE AND THE SERVICES
We will continuously work to improve the Site for our users, and to further our business interests in the Site. We reserve the right to add, change, and remove features, content, and data, including the right to add or change any pricing terms. You agree that we will not be liable for any such changes. Neither your use of the Site nor these Terms of Service give you any right, title, or protectable legal interest in the Site or its Content.
All rights not expressly granted in these Terms are reserved by the Site.