Gâteau et Ganache guarantees the quality and freshness of our products, as long as they are properly stored, handled, and consumed within the timeframe as directed. If you feel that any of our products fail to meet our guarantee of quality and freshness, simply return the unused portion within five days of delivery, along with a note describing the reason for your return and your contact information. Gâteau et Ganache will exercise its own discretion to determine an appropriate solution, which may include product replacement or refund.

(Last Updated November 21, 2006)

This website is offered by Gâteau et Ganache and conditioned on acceptance by you without modification of the terms of use herein. By accessing and using this website, you have agreed to accept such terms of use.

Privacy Policy
Gâteau et Ganache has posted a privacy policy on this website, accessible via a link in the left-hand margin of our homepage. Your use and browsing of this website is an acknowledgement that you have read and understand the privacy policy of Gâteau et Ganache.

No Unlawful if Prohibited Use
As a condition of your use of this website, you will not use it for any purpose that is unlawful or prohibited by these terms of use. You shall not post or transmit through this website any information or material which violates or infringes, in any way, the rights of others, or which is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, harassing, or otherwise objectionable. You shall not post or transmit through this website any information or material which encourages conduct that would constitute a criminal offense, give rise to liability or otherwise violate any law or administrative ruling or guidelines. You may not use this website in any manner that could damage, disable, overburden, or impair this website or interfere with any other party's use and enjoyment of this website. You may not attempt to gain unauthorized access to this website or any web server utilized by Gâteau et Ganache through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available through this website.

Copyright and Trademark Notice
All materials incorporated in or accessible through this website, including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software, and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of this website), are protected by copyright laws, and are owned or controlled by Gâteau et Ganache or by the original creators of such materials, or their respective assignees. Any use of such materials, including any copying, reproduction, modification, sale, distribution, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of Gâteau et Ganache or other copyright owner is strictly prohibited.

All trademarks, service marks, trade dress, trade names, logos, and icons displayed on this website (collectively, the "Trademarks") are proprietary to Gateau et Ganache. Nothing contained on this website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of the Trademarks without the written permission of Gateau et Ganache or such third party that may own the Trademarks. Your misuse of the Trademarks or any other content on this website is strictly prohibited.

Disclaimer
THE CONTENT OF THIS WEBSITE AND RELATED COMMUNICATIONS ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. GATEAU ET GANACHE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, AND NON-INFRINGEMENT OF PROPRIETARY OR THIRD PARTY RIGHTS. GÂTEAU ET GANACHE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, TEXT, GRAPHICS, AND LINKS OF THIS WEBSITE. GÂTEAU ET GANACHE DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THIS WEBSITE OR ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL ITEMS. YOU ACKNOWLEDGE BY THE USE OF THIS WEBSITE THAT ANY RELIANCE ON ANY SUCH MATERIALS, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK. GÂTEAU ET GANACHE ASSUMES NO RESPONSIBILITY FOR, AND SHALL NOT BE LIABLE FOR ANY DAMAGES FROM, VIRUSES THAT MAY INFECT YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, OR BROWSING IN THIS WEBSITE OR YOUR DOWNLOADING OF ANY MATERIALS FROM THIS WEBSITE. IF ANY MATERIAL ON THIS WEBSITE IS PROVIDED BY THIRD PARTIES, GÂTEAU ET GANACHE SHALL NOT BE HELD RESPONSIBLE FOR ANY SUCH THIRD PARTY MATERIAL.

Limitation of Liability
Your use and browsing of this website is at your own risk. If you are dissatisfied with any of the materials or other content of this website or with these Terms of Use, Our Privacy Policy, Our Guarantee, or other policies, your sole and exclusive remedy is to discontinue accessing and using this website.

IN NO EVENT SHALL GÂTEAU ET GANACHE, ITS SUPPLIERS, OR OTHER THIRD PARTIES MENTIONED AT, OR INVOLVED IN CREATING, PRODUCING, OR DELIVERING THIS WEBSITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION, COSTS AND EXPENSES OF ANY TYPE INCURRED, LOST PROFITS, LOST DATA OR PROGRAMS, AND BUSINESS INTERRUPTION) ARISING OUT OF YOUR ACCESS TO, USE, INABILITY TO USE OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR ANY MATERIALS CONTAINED AT ANY OR ALL SUCH WEBSITES (INCLUDING BUT NOT LIMITED TO THOSE CAUSED BY OR RESULTING FROM A FAILURE OF PERFORMANCE, ERROR, OMISSION, LINKING TO OTHER WEBSITES, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, OR DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF ANY COMPUTER OR SYSTEM), WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT GÂTEAU ET GANACHE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. GÂTEAU ET GANACHE SHALL HAVE NO LIABILITY OR RESPONSIBILITY FOR ANY ACTS, OMISSIONS, OR CONDUCT OF ANY USER OR OTHER THIRD PARTY.

Choice of Law, Severability, Modification, and Termination
If any dispute arises between us regarding your use of this website, such dispute shall be resolved according to the laws of the State of California, without regard to conflicts of law principles; and, the federal and state courts of California shall have exclusive jurisdiction over all claims.

If any of these terms of use shall be deemed invalid, void or for any reason unenforceable, that term shall be deemed severable and shall not affect the validity and enforceability of any remaining terms of use.

Gâteau et Ganache may modify these terms of use at any time and without notice.

Gâteau et Ganache may terminate these terms of use, or terminate or suspend your access to the website, with or without cause, with or without notice.