TERMS & CONDITIONS
Your use of this site will indicate your acceptance of these terms; do not use this site if you do not agree to be bound by these terms. If these terms are revised, we will post a notice on our home page and a note on this Terms of Use describing the change for 30 days. If you have created a profile on our website and provided us with an email address in that profile, we will send an email to that email address notifying you of the change. Your use of this web site after such a notice has been posted constitutes acceptance of the new terms.
“We,” “us,” “our” and “Broken Yolk” refers collectively to BYC, Inc., and its affiliates.
Except as expressly indicated otherwise, materials or other information found on this site or found on any other World Wide Web site owned, operated, licensed or controlled by Broken Yolk,, Inc. or any of its related, affiliated or subsidiary companies may not be copied, distributed, republished, uploaded, downloaded, posted or transmitted in any way, without the prior written consent of BYC, Inc.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT BYC, INC. ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT THE COMPANY OR ITS EMPLOYMENT OPPORTUNITIES, POLICIES OR PROCEDURES.
COPYRIGHT AND TRADEMARK
All materials on this site are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by BYC, Inc., or its subsidiaries and affiliates, or by other parties that have licensed their material to us. All rights not expressly granted are reserved.
PERSONAL USE
Your use of the materials included on this site is for informational and/or employment application purposes only. You agree not to distribute, publish, transmit, modify, display or create derivative works from or exploit the contents of this site in any way. You agree to indemnify, defend and hold harmless BYC, Inc. for any and all unauthorized uses you may make of any material on site. You acknowledge the unauthorized use of the contents could cause irreparable harm to BYC, Inc. and that in the event of an unauthorized use BYC, Inc. shall be entitled to an injunction in addition to any other remedy available at law or in equity.
MINORS
Our Service is intended for persons 18 years or older and who have otherwise attained the age of majority in the jurisdiction of their residence. We will not knowingly permit anyone who does not meet this criteria to use our Service. By using our site, you represent and warrant that you are at least 18 years old and otherwise have the right, authority and capacity to accept these terms and abide by all of the terms and conditions set forth herein.
SUBMISSIONS AND USE OF THIS SITE
You agree that you are and shall remain solely responsible for the content of any submissions that you may make, and that you will not submit material that is unlawful, defamatory, abusive or obscene. You further agree not to submit anything to the site that may violate any rights of any third party, including copyright, trademark, privacy or other personal or proprietary right(s).
By way of example, and not as a limitation, you agree not to use any services or functionality available on this site: to abuse, harass, threaten, impersonate or intimidate other users or Broken Yolk personnel; to post or transmit any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, profane, or otherwise violates any law or right of any third party, or content that contains homophobia, ethnic slurs or religious intolerance; for any illegal or unauthorized purpose. BYC, Inc. reserves the right to decide whether content violates these Terms of Use for reasons other than copyright infringement, such as, but not limited to, pornography, obscenity, abusive or otherwise inappropriate. BYC, Inc. may at any time, without prior notice and in its sole discretion, remove such content and/or terminate a user’s account for submitting such material in violation of these Terms of Use. If you are an international user, you agree to comply with all local laws regarding online conduct and acceptable content; to post or transmit any communication or solicitation designed or intended to obtain password, account, or private information from any other site user; to create or submit unwanted email (“Spam”) to any other users or any URL; to violate any laws in your jurisdiction (including but not limited to copyright laws); to submit comments linking to multi-level marketing schemes with the exception of accessing RSS feeds, to use any robot, spider, scraper or other automated means to access the site for any purpose without our express written permission.
Additionally, you agree that you will not:
(i) take any action that imposes, or may impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure;
(ii) interfere or attempt to interfere with the proper working of the site or any activities conducted on the site;
or (iii) bypass any measures we may use to prevent or restrict access to the site; or to attempt to impersonate another user or person.
We may remove any content and accounts at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all.
To report Terms of Use abuse, please email: info@thebrokenyolkcafe.com.
While BYC, Inc. appreciates your feedback, we do not want and cannot accept any ideas that you may consider proprietary; this includes, but is not limited to, ideas regarding recipes, product development, operations, etc. Therefore, any materials, ideas or other information (collectively, “Materials”) submitted to this site are deemed provided to BYC, Inc. with a royalty free non-exclusive right and license to reproduce, modify, display, transmit, adapt, publish, translate, sub-license, distribute, create derivative works from or otherwise use the Materials throughout the universe in any medium and through any method of distribution, transmission, and display. This is true even if the Materials are labeled or otherwise marked as confidential or proprietary.
You remain solely liable for the content of any messages or other information you upload or transmit to the discussion forums or interactive areas of this website. You agree to indemnify and hold harmless BYC, Inc. and its subsidiaries and affiliates from any claim, action, demand, loss, or damages (including attorneys’ fees) made or incurred by any third party arising out of or relating to your conduct, your violation of these terms and conditions, or your violation of any rights of a third party. Indirect or attempted violations of these Terms of Use or any policy, and actual or attempted violations by a third party on behalf of a user of this website will be considered violations of these Terms of Use by such user.
PRODUCT SALES AND AVAILABILITY
BYC, Inc. reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of any products or services offered on this site.
LOYALTY PROGRAM
BYC, Inc. reserves the right, without prior notice and without incurring any obligations, to discontinue or change the specifications of the loyalty program.
ERRORS ON OUR SITE
Prices and availability of products and services are subject to change without notice. Errors will be corrected where discovered, and BYC, Inc. reserves the right to revoke any stated offer and to correct any errors, inaccuracies or omissions including after an order has been submitted and whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled BYC, Inc. will issue a credit to your credit card account in the amount of the charge. Individual bank policies will dictate when this amount is credited to your account.
LINKS
Some links on this site may redirect you to sites not under the control of BYC, Inc. If you click on one or more of those links, you will be directed to a third party website with terms of service, legal notices and privacy practices that may be different from our website. We do not warrant or make any representation about the substance, quality, functionality, accuracy, fitness for a particular purpose, merchantability or any other representation about any third party site or its content. A link to a third party site on this website does not constitute sponsorship, approval or responsibility for any third-party site. We are not responsible for the practices of those third party websites. You access linked sites at your own risk.
PRIVACY
See Privacy Policy.
JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of California applicable to agreements made and entirely to be performed within California, without resort to its conflict of law provisions. The BYC, Inc. websites shall be deemed passive websites that do not give rise to personal jurisdiction over BYC, Inc., either specific or general, in jurisdictions other than California. The prevailing party as determined by the trier of fact in any action, proceeding, litigation, or other dispute resolution forum or judicial proceeding shall be entitled to recover its reasonable attorneys’ fees and costs. Regardless of where you access this site, you agree that any action at law or in equity arising out of or relating to these terms and conditions shall be filed and adjudicated only in the federal or state courts located in Orange County, California, and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms of Use.
SEVERABILITY
The Terms of Use, together with the Privacy Notice and Photo/Video Release, shall constitute the entire agreement between you and BYC, Inc. concerning the websites. If any provision of the Terms of Use, Privacy Notice or Photo/Video Release is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the operative agreement, which shall remain in full force and effect. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or other term, and BYC, Inc.’s failure to assert any right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
LEGAL EQUIVALENCE
This electronic document and any other electronic documents, policies and guidelines incorporated herein will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for a writing: (ii) legally enforceable as a signed writing as against the parties subject to the electronic documents; and (iii) deemed an “original” when printed from electronic records established and maintained in the ordinary course of business. Electronic documents introduced as evidence in any judicial, arbitration, mediation or administer of proceeding will, if established and maintained in the ordinary course of business, be admissible to the same extent as business records in written form that are similarly established and maintained.
DISCLAIMER
EXCEPT AS EXPRESSLY STATED OTHERWISE, THE CONTENT OF THIS SITE IS OFFERED ON AN “AS IS” BASIS, WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR IMPLIED, WITHOUT LIMITATION. BYC, INC. MAKES NO WARRANTY OR REPRESENTATIONS, EXPRESS OR IMPLIED, AND HEREBY DISCLAIMS ANY WARRANTY OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR USE.
BYC, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY CAUSED BY, INCLUDING BUT NOT LIMITED TO, ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OF TRANSMISSION, COMPUTER VIRUS OR LINE FAILURES. BYC, INC. WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING BUT NOT LIMITED TO, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF BROKEN YOLK USA, INC. IS NEGLIGENT OR IF BYC, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. BYC, INC.’S TOTAL LIABILITY FOR ANY LOSS, DAMAGES OR CAUSE OF ACTION (INCLUDING CONTRACT, TORT, STRICT LIABILITY, ETC.) SHALL NOT EXCEED THE AMOUNT PAID BY YOU TO ACCESS THIS SITE.
SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, OR THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES. IF THESE LAWS APPLY SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS, MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
BYC, Inc. does not guarantee the functions contained in the site will be uninterrupted or error-free, that this site or its server will be free of viruses other harmful components, or defects will be corrected even if BYC, Inc. is aware of them. This Site may contain other proprietary notices and copyright information, the terms of which must be observed and followed. Information on this site may contain technical inaccuracies and typographical errors. Any use of information on this site is at your own risk.