Specialty's Café & Bakery | Terms of Service

Terms Of Service

Date of Last Revision: April 6, 2016


Welcome to Specialty’s Café and Bakery!

Specialty’s Café and Bakery, Inc. (“Specialty’s,” “we,” “us,” “our”) provides its services (described below) to you through its website located at www.specialtys.com (the “Site”) and through its mobile applications and related services (collectively, such services, including any new features and applications, and the Site, the “Services”), subject to the following Terms of Service (as amended from time to time, the “Terms of Service”). We reserve the right, at our sole discretion, to change or modify portions of these Terms of Service at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date these terms were last revised. We will also notify you, either through the Services user interface, in an email notification or through other reasonable means. Any such changes will become effective no earlier than fourteen (14) days after they are posted, except that changes addressing new functions of the Services or changes made for legal reasons will be effective immediately. Your continued use of the Services after the date any such changes become effective constitutes your acceptance of the new Terms of Service.

In addition, when using certain services, you will be subject to any additional terms applicable to such services that may be posted on the Services from time to time, including, without limitation, the Privacy Policy located at http://specialty’s.com/privacypolicy.aspx. All such terms are hereby incorporated by reference into these Terms of Service.

Access and Use of the Services


Services Description: The Services are designed to provide information to users about our food and beverage offerings (“Specialty’s Offerings”), and the means to order and accept delivery of the Specialty’s Offerings. Certain features of the service may permit you to place orders for Specialty’s Offerings through the Site or any mobile application made available by Specialty’s (together, the “Ordering Platform”). These Terms of Service apply only to orders you place through the Ordering Platform, and not by phone or in-person at one of our Specialty’s Café locations.

Your Registration Obligations: You may be required to register in order to access and use certain features of the Services. If you choose to register for the Services, you agree to provide and maintain true, accurate, current and complete information about yourself as prompted by the Services registration form. Registration data and certain other information about you are governed by our Privacy Policy. If you are registering or otherwise using the Services on behalf of any entity, you represent and warrant that you are authorized to accept these Terms of Service on such entity’s behalf. If you are under 13 years of age, you are not authorized to use the Services, with or without registering. In addition, if you are under 18 years old, you may use the Services, with or without registering, only with the approval of your parent or guardian.

Gift Cards: The Services may permit you to purchase, reload, or redeem amounts credited to a Specialty’s gift card (a “Gift Card”). Unless otherwise required by law or permitted by this agreement, any amount on a Gift Card is nonrefundable and may not be redeemed for cash. Purchases will be deducted from a Gift Card until the value reaches zero. If purchases exceed the Gift Card balance, the remaining amount must be paid with another payment method. A Gift Card cannot be used to purchase other gift cards and cannot be resold, reloaded, transferred for value or redeemed for cash, except to the extent required by law. We are not responsible if any Gift Card is lost, stolen, destroyed or used without your permission.

Ordering Through the Services: You acknowledge and agree that certain Specialty’s Café locations from time to time may not accept orders through the Ordering Platform (with or without prior notice), and that Specialty’s does not guarantee the availability of the Ordering Platform. Specialty’s strives to provide accurate and up-to-date nutrition information through the Services. You acknowledge that any special requests or modifications to your order may impact the actual nutritional value of the Specialty’s Offering you order. Orders are fulfilled by the Specialty’s Café location which you specify as the pick-up location through the Ordering Platform; the Ordering Platform will provide further instruction as to how to communicate with the specified Specialty’s Café location regarding your order. You acknowledge that not all discounts or other rewards offered by Specialty’s may be available in connection with your order through the Ordering Platform. Prices of the Specialty’s Offerings will be as identified at the time of your order through the Ordering Platform.

Order Payment: The Ordering Platform permits you to pay for your order using certain credit or debit cards or similar instruments (“payment instrument”). By submitting information about your payment instrument to the Services, you represent and warrant that you have the authority to use such payment instrument, and that the information you submit is complete and accurate. You are responsible for updating the payment instrument information as necessary to ensure that it is complete and accurate at the time you place an order. By placing an order through the Ordering Platform, you authorize Specialty’s (through its third-party payment processors) to charge your payment instrument for the amounts specified for the order. You are responsible for maintaining the security of your account password to prevent unauthorized purchases through the Ordering Platform.

Member Account, Password and Security: You are responsible for maintaining the confidentiality of your password and account, if any, and are fully responsible for any and all activities that occur under your password or account. You agree to (a) immediately notify Specialty’s of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session when accessing the Services. Specialty’s will not be liable for any loss or damage arising from your failure to comply with this Section. You acknowledge and agree that you are solely responsible for ensuring that any payment information which you have saved with the Services is secured from unauthorized access.

Modifications to Services: Specialty’s reserves the right to modify or discontinue, temporarily or permanently, the Services (or any part thereof) with or without notice. You agree that Specialty’s will not be liable to you or to any third party for any modification, suspension or discontinuance of the Services.

Mobile and Telephone Services: The Services include certain services that are available via a mobile device, which may include (i) the ability to upload content to the Services via a mobile device, (ii) the ability to browse the Services and the Site from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Services through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you agree that certain information about your usage of the Mobile Services may be communicated to us. By submitting your phone number to Specialty’s, whether through the Site, the Mobile Services, or any SMS messaging feature in connection with the Services, you (i) represent that you are the true account holder for such telephone number, or have the account holder’s authorization to use such phone number, and (ii) are consenting to be contacted by Specialty’s or any of its affiliates and authorized vendors acting on Specialty’s behalf, by telephone (on a recorded line or otherwise), automated calling, automatic telephone dialing systems, pre-recorded calling, pre-recorded voice message, text message, email, fax, telephone or any means, even if you have opted in to the National Do Not Call List, any state equivalent Do Not Call List or the internal Do Not Call List of any company. You understand that Specialty’s and its vendors and affiliates may maintain the contact information you submitted to us, even if you decide not to use the Services in the future. If you wish to revoke you consent at any time, you may do so by emailing us by updating your account information or by emailing us at https://www.specialtys.com/ContactUs.aspx. In the event you change or deactivate your telephone number, you agree to promptly update your Specialty’s account information.

Conditions Of Use


User Content and Conduct: Certain features of the Service may permit you to upload, post, publish or display, or otherwise transmit to the Services (hereinafter, “upload”) messages video, images, information, data, text, music, sound, photographs, graphics, or other materials (“content”). The following are examples of the kind of content and/or use that is illegal or prohibited by Specialty’s. Specialty’s reserves the right to investigate and take appropriate legal action against anyone who, in Specialty’s sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators and reporting you to the law enforcement authorities. You agree to not use the Services to:

a)
email or otherwise upload any content that (i) infringes any intellectual property or other proprietary rights of any party; (ii) you do not have a right to upload under any law or under contractual or fiduciary relationships; (iii) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; (iv) poses or creates a privacy or security risk to any person; (v) constitutes unsolicited or unauthorized advertising, promotional materials, commercial activities and/or sales, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” “contests,” “sweepstakes,” or any other form of solicitation; (vi) is unlawful, harmful, threatening, abusive, harassing, tortious, excessively violent, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful racially, ethnically or otherwise objectionable; or (vii) in the sole judgment of Specialty’s, is objectionable or which restricts or inhibits any other person from using or enjoying the Services, or which may expose Specialty’s or its users to any harm or liability of any type;

b)
interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services; or

c)
violate any applicable local, state, national or international law, or any regulations having the force of law;

d)
impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity;

e)
solicit personal information from anyone under the age of 18;

f)
harvest or collect email addresses or other contact information of other users from the Services by electronic or other means for the purposes of sending unsolicited emails or other unsolicited communications;

g)
advertise or offer to sell or buy any goods or services for any business purpose that is not specifically authorized;

h)
further or promote any criminal activity or enterprise or provide instructional information about illegal activities; or

i)
obtain or attempt to access or otherwise obtain any materials or information through any means not intentionally made available or provided for through the Services.

Commercial Use: Unless otherwise expressly authorized herein or in the Services, you agree not to display, distribute, license, perform, publish, reproduce, duplicate, copy, create derivative works from, modify, sell, resell, exploit, transfer or upload for any commercial purposes, any portion of the Services, use of the Services, or access to the Services.

Apple-Enabled Software Applications


Specialty’s offers Software applications that are intended to be operated in connection with products made commercially available by Apple Inc. (“Apple”), among other platforms. With respect to Software that is made available for your use in connection with an Apple-branded product (such Software, “Apple-Enabled Software”), in addition to the other terms and conditions set forth in these Terms of Service, the following terms and conditions apply:

  • Specialty’s and you acknowledge that these Terms of Service are concluded between Specialty’s and you only, and not with Apple, and that as between Specialty’s and Apple, Specialty’s, not Apple, is solely responsible for the Apple-Enabled Software and the content thereof.
  • You may not use the Apple-Enabled Software in any manner that is in violation of or inconsistent with the Usage Rules set forth for Apple-Enabled Software in, or otherwise be in conflict with, the App Store Terms of Service.
  • Your license to use the Apple-Enabled Software is limited to a non-transferable license to use the Apple-Enabled Software on an iOS Product that you own or control, as permitted by the Usage Rules set forth in the App Store Terms of Service.
  • Apple has no obligation whatsoever to provide any maintenance or support services with respect to the Apple-Enabled Software.
  • Apple is not responsible for any product warranties, whether express or implied by law. In the event of any failure of the Apple-Enabled Software to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the Apple-Enabled Software to you, if any; and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the Apple-Enabled Software, or any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty, which will be Specialty’s sole responsibility, to the extent it cannot be disclaimed under applicable law.
  • Specialty’s and you acknowledge that Specialty’s, not Apple, is responsible for addressing any claims of you or any third party relating to the Apple-Enabled Software or your possession and/or use of that Apple-Enabled Software, including, but not limited to: (i) product liability claims; (ii) any claim that the Apple-Enabled Software fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
  • In the event of any third party claim that the Apple-Enabled Software or the end-user’s possession and use of that Apple-Enabled Software infringes that third party’s intellectual property rights, as between Specialty’s and Apple, Specialty’s, not Apple, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
  • You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
  • If you have any questions, complaints or claims with respect to the Apple-Enabled Software, they should be directed to Specialty’s as follows:
    By submitting a rapid response request through the Site, available at: specialtys.com/rapidresponse.aspx.

    By mail addressed to Specialty’s at:
    5050 Hopyard Road, Suite 250
    Pleasanton, CA 94588


Specialty’s and you acknowledge and agree that Apple, and Apple’s subsidiaries, are third party beneficiaries of these Terms of Service with respect to the Apple-Enabled Software, and that, upon your acceptance of the terms and conditions of these Terms of Service, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms of Service against you with respect to the Apple-Enabled Software as a third party beneficiary thereof.

Intellectual Property Rights


Services Content, Software and Trademarks: You acknowledge and agree that the Services may contain content or features (“Services Content”) that are protected by copyright, patent, trademark, trade secret or other proprietary rights and laws. Except as expressly authorized by Specialty’s, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Services or the Services Content, in whole or in part, except that the foregoing does not apply to your own User Content (as defined below) that you legally upload to the Services. In connection with your use of the Services you will not engage in or use any data mining, robots, scraping or similar data gathering or extraction methods. If you are blocked by Specialty’s from accessing the Services (including by blocking your IP address), you agree not to implement any measures to circumvent such blocking (e.g., by masking your IP address or using a proxy IP address). Any use of the Services or the Services Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Services or distributed in connection therewith are the property of Specialty’s, our affiliates and our partners (the “Software”). You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted herein are reserved by Specialty’s.

The Specialty’s name and logos are trademarks and service marks of Specialty’s (collectively the “Specialty’s Trademarks”). Other company, product, and service names and logos used and displayed via the Services may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Specialty’s. Nothing in this Terms of Service or the Services should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Specialty’s Trademarks displayed on the Services, without our prior written permission in each instance. All goodwill generated from the use of Specialty’s Trademarks will inure to our exclusive benefit.

Third Party Material: Under no circumstances will Specialty’s be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Specialty’s does not pre-screen content, but that Specialty’s and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Services. Without limiting the foregoing, Specialty’s and its designees will have the right to remove any content that violates these Terms of Service or is deemed by Specialty’s, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.

User Content Transmitted Through the Services: With respect to the content or other materials you upload through the Services or share with other users or recipients (collectively, “User Content”), you represent and warrant that you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein. By uploading any User Content you hereby grant and will grant Specialty’s and its affiliated companies a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Services or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed.

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Services (“Submissions”), provided by you to Specialty’s are non-confidential and Specialty’s will be entitled to the unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise, without acknowledgment or compensation to you.

You acknowledge and agree that Specialty’s may preserve content and may also disclose content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms of Service; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Specialty’s, its users and the public. You understand that the technical processing and transmission of the Services, including your content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Third Party Websites


The Services may provide, or third parties may provide, links or other access to other sites and resources on the Internet. Specialty’s has no control over such sites and resources and Specialty’s is not responsible for and does not endorse such sites and resources. You further acknowledge and agree that Specialty’s will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such site or resource. Any dealings you have with third parties found while using the Services are between you and the third party, and you agree that Specialty’s is not liable for any loss or claim that you may have against any such third party.

Social Networking Services


You may enable or log in to the Services via various online third party services, such as social media and social networking services like Facebook or Twitter (“Social Networking Services”). By logging in or directly integrating these Social Networking Services into the Services, we make your online experiences richer and more personalized. To take advantage of this feature and capabilities, we may ask you to authenticate, register for or log into Social Networking Services on the websites of their respective providers. As part of such integration, the Social Networking Services will provide us with access to certain information that you have provided to such Social Networking Services, and we will use, store and disclose such information in accordance with our Privacy Policy. For more information about the implications of activating these Social Networking Services and Specialty’s use, storage and disclosure of information related to you and your use of such services within Specialty’s (including your friend lists and the like), please see our Privacy Policy at www.specialtys.com/PrivacyPolicy.aspx. However, please remember that the manner in which Social Networking Services use, store and disclose your information is governed solely by the policies of such third parties, and Specialty’s shall have no liability or responsibility for the privacy practices or other actions of any third party site or service that may be enabled within the Services.

In addition, Specialty’s is not responsible for the accuracy, availability or reliability of any information, content, goods, data, opinions, advice or statements made available in connection with Social Networking Services. As such, Specialty’s is not liable for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Social Networking Services. Specialty’s enables these features merely as a convenience and the integration or inclusion of such features does not imply an endorsement or recommendation.

Indemnity and Release


You agree to release, indemnify and hold Specialty’s and its affiliates and their officers, employees, directors and agents harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of or relating to your use of the Services, any User Content, your connection to the Services, your violation of these Terms of Service or your violation of any rights of another. If you are a California resident, you waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.” If you are a resident of another jurisdiction, you waive any comparable statute or doctrine.

Disclaimer of Warranties


YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

COMPANY MAKES NO WARRANTY THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.

Limitation of Liability


YOU EXPRESSLY UNDERSTAND AND AGREE THAT COMPANY WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY DAMAGES, OR DAMAGES FOR LOSS OF PROFITS INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (V) ANY OTHER MATTER RELATING TO THE SERVICE. IN NO EVENT WILL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES OR CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID COMPANY IN THE LAST SIX (6) MONTHS, OR, IF GREATER, ONE HUNDRED DOLLARS ($100).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.

Arbitration


At Specialty’s or your election, all disputes, claims, or controversies arising out of or relating to the Terms of Service or the Services that are not resolved by mutual agreement may be resolved by binding arbitration to be conducted before JAMS, or its successor. Unless otherwise agreed by the parties, arbitration will be held in San Francisco, California before a single arbitrator mutually agreed upon by the parties, or if the parties cannot mutually agree, a single arbitrator appointed by JAMS, and will be conducted in accordance with the rules and regulations promulgated by JAMS unless specifically modified in the Terms of Service. The arbitration must commence within forty-five (45) days of the date on which a written demand for arbitration is filed by either party. The arbitrator’s decision and award will be made and delivered within sixty (60) days of the conclusion of the arbitration and within six (6) months of the selection of the arbitrator. The arbitrator will not have the power to award damages in excess of the limitation on actual compensatory, direct damages set forth in the Terms of Service and may not multiply actual damages or award punitive damages or any other damages that are specifically excluded under the Terms of Service, and each party hereby irrevocably waives any claim to such damages. The arbitrator may, in his or her discretion, assess costs and expenses (including the reasonable legal fees and expenses of the prevailing part) against any party to a proceeding. Any party refusing to comply with an order of the arbitrators will be liable for costs and expenses, including attorneys’ fees, incurred by the other party in enforcing the award. Notwithstanding the foregoing, in the case of temporary or preliminary injunctive relief, any party may proceed in court without prior arbitration for the purpose of avoiding immediate and irreparable harm. The provisions of this arbitration section will be enforceable in any court of competent jurisdiction.

Notwithstanding the provisions of the introductory section above, if Specialty’s changes this ‘Arbitration’ section after the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service), you may reject any such change by sending us written notice within 30 days of the date such change became effective, as indicated in the “Date of Last Revision” date above or in the date of Specialty’s email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any dispute between you and Specialty’s in accordance with the provisions of this section as of the date you first accepted these Terms of Service (or accepted any subsequent changes to these Terms of Service).

Termination


You agree that Specialty’s, in its sole discretion, may suspend or terminate your account (or any part thereof) or use of the Services and remove and discard any content within the Services, for any reason, including, without limitation, for lack of use or if Specialty’s believes that you have violated or acted inconsistently with the letter or spirit of these Terms of Service. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Services, may be referred to appropriate law enforcement authorities. Specialty’s may also in its sole discretion and at any time discontinue providing the Services, or any part thereof, with or without notice. You agree that any termination of your access to the Services under any provision of this Terms of Service may be effected without prior notice, and acknowledge and agree that Specialty’s may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Services. Further, you agree that Specialty’s will not be liable to you or any third party for any termination of your access to the Services.

User Disputes


You agree that you are solely responsible for your interactions with any other user in connection with the Services and Specialty’s will have no liability or responsibility with respect thereto. Specialty’s reserves the right, but has no obligation, to become involved in any way with disputes between you and any other user of the Services.

General


These Terms of Service constitute the entire agreement between you and Specialty’s and govern your use of the Services, superseding any prior agreements between you and Specialty’s with respect to the Services. You also may be subject to additional terms and conditions that may apply when you use affiliate or third party services, third party content or third party software. These Terms of Service will be governed by the laws of the State of California without regard to its conflict of law provisions. With respect to any disputes or claims not subject to arbitration, as set forth above, you and Specialty’s agree to submit to the personal and exclusive jurisdiction of the state and federal courts located within San Francisco County, California. The failure of Specialty’s to exercise or enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision. If any provision of these Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms of Service remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or these Terms of Service must be filed within one (1) year after such claim or cause of action arose or be forever barred. A printed version of this agreement and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. You may not assign this Terms of Service without the prior written consent of Specialty’s, but Specialty’s may assign or transfer this Terms of Service, in whole or in part, without restriction. The section titles in these Terms of Service are for convenience only and have no legal or contractual effect. Notices to you may be made via either email or regular mail. The Services may also provide notices to you of changes to these Terms of Service or other matters by displaying notices or links to notices generally on the Services.

Your Privacy


At Specialty’s, we respect the privacy of our users. For details please see our Privacy Policy. By using the Services, you consent to our collection and use of personal data as outlined therein.

Notice for California Users


Under California Civil Code Section 1789.3, users of the Services from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210. You may contact us at Specialty’s, Inc., 5050 Hopyard Rd, Suite 250, Pleasanton, CA 94588 or by a rapid response at specialtys.com/rapidresponse.aspx.

Questions? Concerns? Suggestions?


Please contact us by a rapid response request at specialtys.com/rapidresponse.aspx to report any violations of these Terms of Service or to pose any questions regarding this Terms of Service or the Services.