Legal

Welcome to www.greyston.com (the “Site”), a web site that provides you with access to Content including services and products relating to baked gourmet products.  By accessing and using the Site you are agreeing to the Terms and Conditions of Use as set forth below (these “Terms of Use”).  We reserve the right, at our discretion, to change the Terms of Use from time to time.  Please check the Site periodically for changes.  By continuing to access and use the Site following the posting of changes, you accept and agree to the revised Terms of Use.

As set forth in these Terms of Use, the words “you” and “your” refer to each individual accessing the Site whether or not under an Account. The words “Greyston”, “we”, “us” and “our” refer to Greyston Bakery Inc. acting on behalf of itself and, where applicable, its third party licensors.  You will also notice that we capitalize additional words in these Terms of Use even though grammatical rules do not require capitalization. We do this because in the context of these Terms of Use, these words have specific meanings which can be found where the capitalized words are placed in bold text inside parentheses and quotation marks.

Rights and Conditions.  You may access and view the Content on your computer or other Internet compatible device and use the services and products offered on the Site solely in connection with your personal, non-commercial use.  You may also make single copies or prints of the Content on the Site in connection with your permitted use.  Any commercial distribution, publishing or exploitation of the Site, or any Content on the Site, is strictly prohibited unless you have received the express written prior permission of Greyston or the applicable rights holder.  You may not otherwise download, display, copy, reproduce, distribute, modify, perform, transfer, reverse engineer, create derivative works from, sell or otherwise exploit any Content on the Site.  If you make other use of the Site, or the Content thereon, except as otherwise provided above, you may be violating copyright and other laws of the United States, other countries, as well as applicable state laws and may be subject to liability for such unauthorized use.  We will not be responsible or liable for any loss or damage arising from your failure to comply with any of the restrictions or conditions hereunder.

Content.  The content made available on the Site, including text, images, graphics, logos, designs, audio, video and other information, code, data and materials (the “Content”) is provided to you without charge as a convenience and for your information only.  Content will have a variety of origins, including product information generated and provided by us and information, data and materials of third parties. The statements and views of the authors of Content submitted by other users or third parties are theirs alone and are neither endorsed by, nor intended to reflect the views or policies of, Greyston.  We do not provide any warranty that the Content is or will be:

  • accurate or complete;
  • current (or that it will be updated);
  • error free (either technically or with respect to typographical errors); and/or
  • free from interruptions, computer viruses or other harmful components.

You may make use of the Content under the rights set forth in these Terms of Use but under no circumstances will we be liable for any loss or damage caused by your reliance on Content.  It is, therefore, your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other elements of the Content.

Trademarks.  The trademarks, logos, service marks and trade names (collectively, the “Trademarks“) displayed on the Site are registered and unregistered Trademarks of ours and others and may not be used unless authorized by the Trademark owner.  Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Site without our prior written permission or that of the third party rights holder.  Your misuse of the Trademarks displayed on the Site is strictly prohibited.

Account Registration.  In order to use certain services offered on the Site you will have to register with the Site and create an account (an “Account”).  If you elect to create an Account you: (a) agree to submit complete, accurate, and current information and data about you as required during the registration process (the “Registration Information”); and (b) to maintain and promptly update your Registration Information.

As part of the registration process, you may be issued dual authentication credentials in the form of an unique user identification (“User Name”) and a password (“Password”).  Your commitment to maintaining the strict confidentiality of that information is a material condition of your access to and use of the Site.  You must not use or allow others to use your User Name and Password and you agree to: (i) immediately notify us of any unauthorized use of your User Name or Password or any other breach of security related to the Site; and (ii) ensure that you log-off and exit from your Account at the end of each session.    It is also your responsibility to notify us if you desire to cancel your Account.   We will not be responsible or liable for any loss or damage arising from your failure to comply with any of the foregoing obligations.

Greyston’s Privacy Policy.  Our collection of certain information about you including the Registration Information is subject to the Site’s Privacy Policy, which is incorporated herein by reference for all purposes.

Submitted Materials.  Any information, creative works, ideas, suggestions, concepts or other materials submitted or sent to us on your own or at our request (collectively, “Submitted Materials”) will be deemed not to be confidential or secret, and may be used by us in any manner consistent with the Site’s Privacy Policy.  We fully disclaim all responsibility for preserving the confidentiality of Submitted Materials.  By submitting or sending Submitted Materials to us, you: (a) represent and warrant that you own all necessary rights to provide Submitted Materials and grant us the licenses as specified in these Terms of Use; and (b) you grant to us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sublicensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell and export such material (in whole or part) and/or to incorporate it in other works in any form, media or technology now known or later developed.  We cannot be responsible for maintaining any Submitted Materials that you provide to us, therefore you should retain all such data and information in your own records.

Prohibited User Conduct.   You warrant and agree that, while using the Site and the various services and features offered on or through the Site, you shall not: (a) retrieve, alter, or destroy Content on, from or through the Site; (b) probe, scan or test the vulnerability of a system or network on, from or through the Site; (c) breach or defeat system or network security measures on, from or through the Site including authentication, authorization, confidentiality, intrusion, detection or monitoring; (d) interfere with or disrupt the Site or our business, including our systems, operations and services, those of our third party suppliers, and any users of the Site; (e) remove, modify or obscure any proprietary rights notices that we place on any component of the Site;  (f) engage in spidering, “screen scraping,” “database scraping,” harvesting of contact or personal information, or any other automatic means of obtaining lists of users or obtaining or accessing other information or features on, from or through the Site or the services offered on or through the Site, including, any information residing on any server or database connected to the Site; (g) impersonate any person or entity or misrepresent your affiliation with any other person or entity; (h) transmit, distribute, disseminate, publish or store any information that is in violation of any applicable law or regulation or constitutes or contains false or misleading indications of origin, endorsement or statements of fact or is fraudulent, libelous, defamatory, abusive, obscene, indecent, or harassing, or that threatens or encourages injury to persons or property or infringement of the lawful rights of any party; (i) violate the privacy rights of any party under applicable law or regulation; (j) use any technology that is or reasonably should be known to contain software viruses, Trojan horses, or any computer code, files, or other similar programs designed to disrupt, destroy, gain unauthorized access to, corrupt, observe, or modify without authorization, any of our data, software, or systems or those of our third party suppliers and any authorized user; or (k) use the Site to send, relay, forward, bounce, reply, or otherwise route commercial or non-commercial unsolicited electronic messages (commonly referred to as “spam”) or commercial electronic messages, even if previously solicited by the intended recipient, including by inserting your own or a third party’s advertising, branding or other promotional content into any of the Site’s content, materials or services including chain letters or pyramid schemes of any kind.

Public Forums.  Greyston may, from time to time, make message boards, blogs, other forums and other such services available on or through the Site.  In addition to these Terms of Use, you shall comply with any other rules or regulations that we may post in connection with a particular service.

It is important to remember that comments submitted to a forum may be recorded and stored in multiple places, both on the Site and elsewhere on the Internet, which are likely to be accessible for a long time and you have no control over who will read them eventually.   It is therefore important that you are careful and selective about the personal information that you disclose about yourself and others, and in particular, you should not disclose sensitive, proprietary or confidential information in your comments to our public forums.

Right to Monitor and Editorial Control.  Greyston reserves the right, but does not have an obligation, to monitor and/or review all materials posted to the Site or through the Site’s services and Greyston is not responsible for any such materials posted by users.  Greyston reserves the right to edit, refuse to post or to remove any information or materials, in whole or in part, that in Greyston’s sole discretion are objectionable or in violation of these Terms of Use, Greyston’s policies or applicable law.

Orders for Products and Services.  We may make certain products available to visitors and registrants of the Site.  You may only order products if, and you hereby represent and warrant that, you are 18 years old or older.  You agree to pay in full the price for any purchases you make either by credit/debit card concurrent with your online order or by other payment means acceptable to Greyston.  You agree to pay all applicable taxes.  If payment is not received by us from your credit or debit card issuer or its agents, you agree to pay all amounts due upon demand by us.  Certain products that you purchase on or through the Site may be subject to additional terms and conditions presented to you at the time of such purchase.

Third Party Web Sites.  We may provide hyperlinks or pointers to other web sites maintained by third parties or may provide third party Content on the Site by framing or other methods (collectively, “Links”).  Links are provided for your convenience and information only. We reserve the right to terminate a Link at any time without notice.  The fact that we provide a Link does not mean that we endorse, authorize or sponsor that web site or offering or that we are affiliated with the third party web site’s owners or sponsors.  Neither the web sites nor parties to which a Link will bring you are under our control and as such we are not responsible in any way for their availability, content, advertising, products or materials, including any further links their sites may contain. This means that once you follow a Link, you are no longer subject to our Privacy Policy.  You should, therefore, carefully review the privacy statements and other conditions of use and sale related to any Links.

Disclaimer, Liability and Indemnity.  IN ALL EVENTS, THE SITE, ITS CONTENT AND ANY OTHER INFORMATION, PRODUCTS OR SERVICES ON IT ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.

We control and operate the Site within the United States of America (the “United States”).  We do not represent that the Site or the Content, including the services, are appropriate or lawful for use in other locations or that our operation (including our processing and handling of Submitted Materials) will comply with all local laws.  Users who choose to access the Site from outside the United States or provide Submitted Materials as citizens of non-U.S. jurisdictions do so of their own initiative and are responsible for compliance with local laws, if and to the extent applicable.

We do not warrant that the Site will operate in an uninterrupted or error-free manner or that the Site is free of viruses or other harmful components. Use of the Site is at your own risk. Except for the access and use rights expressly granted in Section 1 of these Terms of Use, nothing on the Site or in any of the Content is or shall be deemed a grant of any right, title or interest, by license or otherwise, in or to any Greyston intellectual property or technology.  IF YOU ARE DISSATISFIED WITH THE SITE, THE CONTENT OR ITS SERVICES, YOUR SOLE REMEDY IS TO DISCONTINUE ITS USE.

NEITHER GREYSTON NOR ITS AFFILIATES OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR REPRESENTATIVES (COLLECTIVELY, THE “GREYSTON PARTIES”), SHALL HAVE ANY LIABILITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING CLAIMS OF DEFAMATION, ERRORS, LOSS OF DATA, OR INTERRUPTION IN AVAILABILITY OF DATA), ARISING OUT OF OR RELATING TO YOUR USE OF, OR THE INABILITY TO USE, THE SITE, ITS CONTENT, OR SERVICES THAT YOU ACCESS THROUGH GREYSTON.

You agree to defend, indemnify and hold the Greyston Parties harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys’ fees, arising in any way from your use of the Site, or your breach or violation of the law or of these Terms of Use.  Greyston reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Greyston’s defense of such claim.

Intellectual Property Rights.  As between you and Greyston, we own and are the exclusive owners of all right, title and interest, including intellectual property rights (including copyrights, patents and trademarks), proprietary rights (including trade secrets and data base rights) and moral rights (including rights of attribution and authorship) throughout the world in and to the Site, its look and feel, design and organization, and the compilation of the Content, code, data and materials thereon.

Copyright Agent.  We respect the intellectual property rights of others and require that the people who use the Site do the same.  If you believe that your work has been copied in a way that constitutes copyright infringement, please forward the following information to Greyston’s Copyright Agent, designated as such pursuant to the Digital Millennium Copyright Act, 17 U.S.C. § 512(c)(2), named below:

Your address, telephone number, and email address;

A description of the copyrighted work that you claim has been infringed;

A description of where the alleged infringing material is located;

A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; and

A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Copyright Agent:

Ariel Y. Hauptman

104 Alexander Street
Yonkers, NY 10701

voice: 914-375-1510 x 206
fax: 914-375-1514

e-mail: arielh@greystonbakery.com

Term and Termination.   These Terms of Use apply to all users of the Site at all times until we supersede and replace them.  We may at any time terminate, change, suspend, add to or discontinue any aspect of the Site itself, or your right to use it, including your Account, without notice or liability to you.

Governing Law.  These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York and the U.S. federal laws enforced within, without regard to principles of conflicts of laws.  All proceedings relating to Greyston or these Terms of Use shall be brought in the state or federal courts located in and for the Southern District of New York and you hereby irrevocably consent to the personal and exclusive jurisdiction of such courts.

Miscellaneous.  Neither any course of conduct between the parties nor trade practice shall act to modify any provision of these Terms of Use. We may assign our rights and duties under these Terms of Use to any party at any time without notice to you.  You agree that regardless of any statute or law to the contrary, any claim or cause of action by you arising out of or related to use of the Site or these Terms of Use must be filed by you within one (1) year after such claim or cause of action arises or be forever barred.  Should any provision of these Terms of Use be held to be unenforceable, the remaining provisions hereof shall remain in full force and effect.  The waiver of any breach of these Terms of Use will not constitute a waiver of any other or future breach and will not act to amend or negate the rights of the waiving party.  You many not assign your rights or obligations hereunder.  These Terms of Use constitute the complete agreement of the parties with respect to the subject matter hereof and supersede all prior agreements and understandings in relation thereto.  The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability and indemnification shall survive termination.  The word “including” is exemplary meaning “including, without limitation” or “including, but not limited to” unless otherwise indicated.