By accessing or using the website, mobile applications or blogs (collectively, the “Sites”) provided by Rise Bakehouse (collectively, “Rise Bakehouse,” “we,” “us” or “our”) that link to these Terms, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you do not agree to these Terms, you may not access or use the Sites or order, receive or use products made available through the Sites (collectively, the “Products”).
Rise Bakehouse reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Products, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Products. If you do not agree to the revised Terms, you may not access or use the Sites or order, receive or use the Products.
The risebakehouse.net website is comprised of various web pages operated by Rise Bakehouse and is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of the site constitutes your agreement to all such Terms.
2. Customer accounts
In order to access and use certain areas or features of the Sites, you will need to register for a Rise Bakehouse account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update from time to time as necessary your account information, (c) maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us, and you agree to accept responsibility for all activities that occur under your account or password and (d) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account.
Rise Bakehouse reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice.
By creating a Rise Bakehouse account, you also consent to receive electronic communications from Rise Bakehouse (e.g., via email or by posting notices to the Sites). These communications may include notices about your account (e.g., payment authorizations, password changes and other transactional information) and are part of your relationship with us. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including, but not limited to, that such communications be in writing. You should maintain copies of electronic communications from us by printing a paper copy or saving an electronic copy. We may also send you promotional communications via email, including, but not limited to, newsletters, special offers, surveys and other news and information we think will be of interest to you. You may opt out of receiving these promotional emails at any time by emailing firstname.lastname@example.org.
Certain services made available via risebakehouse.net are delivered by third party sites and organizations. By using any product, service or functionality originating from the risebakehouse.net domain, you hereby acknowledge and consent that Rise Bakehouse may share such information and data with any third party with whom Rise Bakehouse has a contractual relationship to provide the requested product, service or functionality on behalf of risebakehouse.net users and customers.
3. Subscription terms
We offer different subscription plans for our breads (a “Subscription”). For more information about our Subscriptions, please visit the product pages of risebakehouse.net.
When you register for a Subscription, you expressly acknowledge and agree that (a) Rise Bakehouse (or our third-party payment processor) is authorized to charge you on a weekly basis for your Subscription (in addition to any applicable taxes and other charges) for as long as your Subscription continues, and (b) your Subscription is continuous until you cancel it or we suspend or stop providing access to the Sites or Products in accordance with these terms.
By purchasing a Subscription, you agree to purchase a minimum of four (4) weekly orders during your use of the subscription.
You may skip a weekly order as often as you like by managing your subscription schedule on your account page at risebakehouse.net. This must be done 48 hours prior to your scheduled pickup date; otherwise the order will be fulfilled and your credit card will be charged accordingly.
After you have exceeded the four-order minimum, you can cancel your Subscription at any time by accessing your Rise Bakehouse account at risebakehouse.net. If you need to cancel your Subscription prior to reaching the minimum order amount, please contact email@example.com. You will be charged for the remaining minimum commitment as part of your cancellation.
In the event you cancel your Subscription, please note that we may still send you promotional communications about Rise Bakehouse, unless you opt out of receiving those communications by following the unsubscribe instructions provided therein.
4. Payment terms
By purchasing a Subscription, you agree to a recurring weekly charge to your credit card until you cancel your subscription. Your credit card will be charged automatically each week while your Subscription is active.
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges) (collectively, as applicable, an “Order”). If the payment method cannot be verified, is invalid or is otherwise not acceptable, your Order may be suspended or cancelled. You must resolve any problem we encounter in order to proceed with your Order. In the event you want to change or update payment information associated with your Rise Bakehouse account, you can do so at any time by logging into your account and editing your payment information.
You acknowledge that the amount billed may vary due to promotional offers, changes to your Subscription, changes in applicable taxes or other charges, and you authorize us (or our third-party payment processor) to charge your payment method for the corresponding amount.
5. Receiving products
You are responsible for inspecting all Products you receive from us for any damage or other issues upon receipt. From the time of receipt, the condition and consumption of the Products are solely at your risk, and you are solely responsible for the proper and safe handling, preparation, storage, use and consumption of the Products.
There may be times when the pickup schedule for a given week needs to be changed. In that event an email will be sent no less than 24 hours ahead of the new date.
6. Refund policy
We want you to be completely satisfied with each order. If you’re not, please contact us at firstname.lastname@example.org and we’ll work to make it right.
7. Operating schedule
There may be times during the course of the year when Rise Bakehouse is not operating and orders will be skipped at the discretion of Rise Bakehouse. You will receive an email notification no less than one week prior to this occurrence and your credit card will not be charged for any skipped orders.
8. Customer responsibility
YOU ARE SOLELY RESPONSIBLE FOR THE PROPER AND SAFE HANDLING, STORAGE, USE AND CONSUMPTION OF THE PRODUCTS YOU RECEIVE FROM US. YOU ARE ALSO SOLELY RESPONSIBLE FOR KNOWING ABOUT ANY FOOD ALLERGIES YOU MAY HAVE AND VERIFYING THE PRODUCTS AND THEIR CONTENTS BEFORE HANDLING, USING OR CONSUMING SUCH PRODUCTS.
9. Dispute resolution
Except for any disputes, claims, suits, actions, causes of action, demands or proceedings (collectively, “Disputes”) in which either party seeks to bring an individual action in court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Rise Bakehouse agree (a) to waive your and Rise Bakehouse’s respective rights to have any and all Disputes arising from or related to these Terms, or the Site, Content or Products, resolved in a court, and (b) to waive your and Rise Bakehouse’s rights to a jury trial. Instead, you and Rise Bakehouse agree to arbitrate Disputes through binding arbitration (which is the referral of a Dispute to one or more persons charged with reviewing the Dispute and making a final and binding determination to resolve it instead of having the Dispute decided by a judge or jury in court). You agree to only bring actions against Rise Bakehouse by way of such binding arbitration and to not file any action in any state or federal court.
You and Rise Bakehouse agree that any Dispute arising out of or related to these Terms or the Site, Content or Products is personal to you and Rise Bakehouse and that such Dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Rise Bakehouse agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. Further, you and Rise Bakehouse agree that a Dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
You and Rise Bakehouse agree that each party will notify the other party in writing of any arbitrable or Dispute within thirty (30) days of the date it arises, so that the parties can attempt in good faith to resolve the Dispute informally. Notice to Rise Bakehouse shall be sent by certified mail to Rise Bakehouse, 3 Roberts Court, Moraga, CA 94556. Your notice must include (a) your name, postal address, telephone number, the email address you use or used for your Rise Bakehouse account and, if different, an email address at which you can be contacted, (b) a description in reasonable detail of the nature or basis of the Dispute, and (c) the specific relief that you are seeking. Our notice to you will be sent electronically and will include our name, postal address, telephone number and an email address at which we can be contacted with respect to the Dispute, (a) a description in reasonable detail of the nature or basis of the Dispute, and (b) the specific relief that we are seeking. If you and Rise Bakehouse cannot agree how to resolve the Dispute within thirty (30) days after the date notice is received by the applicable party, then either you or Rise Bakehouse may, as appropriate and in accordance with this section, commence an arbitration proceeding or, to the extent specifically provided for in this section, file a claim in court.
Except for Disputes in which either party seeks to bring an individual action in small claims court or seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents, you and Rise Bakehouse agree that any Dispute must be commenced or filed by you or Rise Bakehouse within one (1) year of the date the Dispute arose, otherwise the underlying claim is permanently barred (which means that you and Rise Bakehouse will no longer have the right to assert such claim regarding the Dispute). You and Rise Bakehouse agree that (a) any arbitration will occur in the State of California, County of Contra Costa, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Contra Costa, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.
As limited by the Federal Arbitration Act (9 U.S.C. § 1 et seq.), these Terms and the applicable JAMS rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Dispute, including the determination of whether a Dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual.
The rules of JAMS and additional information about JAMS are available on the JAMS website. By agreeing to be bound by these Terms, you either (a) acknowledge and agree that you have read and understand the rules of JAMS, or (b) waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
10. Governing Law
These Terms, your access to and use of the Site and your order, receipt and use of the Products shall be governed by and construed and enforced in accordance with the laws of the State of California, without regard to conflict of law rules or principles (whether of the State of California or any other jurisdiction) that would cause the application of the laws of any other jurisdiction. Any Dispute between the parties that is not subject to arbitration or cannot be heard in small claims court, shall be resolved in the state or federal courts of the State of California and the United States, respectively, sitting in the State of California, County of Contra Costa.
Notwithstanding anything contained in these Terms, we reserve the right, without notice and in our sole discretion, to terminate your right to access or use the Site and to order, receive and use the Products, at any time and for any or no reason, and you acknowledge and agree that we shall have no liability or obligation to you in such event and that you will not be entitled to a refund of any amounts that you have already paid to us, to the fullest extent permitted by applicable law.
If any term, clause or provision of these Terms is held invalid or unenforceable, then that term, clause or provision will be severable from these Terms and will not affect the validity or enforceability of any remaining part of that term, clause or provision, or any other term, clause or provision of these Terms.