Terms of service
TERMS OF USE
Last updated: November 15, 2025
Lexington Bakes and its affiliates (“Lexington Bakes,” “we,” “our,” or “us”) makes website and products, content, materials, and other websites made accessible to you in connection with this website (collectively, our “Website”) available for your use subject to the terms and conditions in these Terms of Use (the “Terms”). By accessing or using our Website in any way, including, without limitation, by clicking “I accept” when presented wiith these Terms in connection with the Website, you agree to be bound by these Terms. If you do not accept any of the terms of these Terms and/or you do not meet or comply with its provisions, you may not use our Website.
1. WEBSITE
1.1. Eligibility. YOU MUST BE AT LEAST AGE EIGHTEEN (18) TO USE OUR WEBSITE. BY ACCESSING, USING AND/OR SUBMITTING INFORMATION TO OR THROUGH OUR WEBSITE, YOU REPRESENT THAT YOU ARE NOT YOUNGER THAN AGE 18. IF YOU ARE THE PARENT OR LEGAL GUARDIAN AND CONSENT TO YOUR MINOR CHILD’S ACCESS TO AND USE OF OUR WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS ON BEHALF OF YOURSELF AND YOUR MINOR CHILD. WE ENCOURAGE YOU TO INVESTIGATE COMMERCIALLY AVAILABLE PARENTAL CONTROL PROTECTIONS (SUCH AS COMPUTER HARDWARE, SOFTWARE OR FILTERING SITES) THAT MAY ASSIST YOU IN LIMITING ACCESS TO MATERIAL CONSIDERED HARMFUL TO MINORS.
1.2. Grant of Access. On the condition that you comply with all of your obligations under these Terms, and subject to any additional terms which we may present to you regarding certain features or functions of the Website or in any third-party licenses applicable to our Website, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non-sublicensable right to access and use our Website. We reserve all rights not otherwise expressly granted by these Terms. If you do not comply with these Terms, we reserve the right to revoke any license granted in these Terms and limit your access to our Website. Any use of our Website that exceeds the rights expressly granted in these Terms is strictly prohibited and constitutes a violation of these Terms, which may result in the termination of your right to access and use our Website. Any third-party software included in our Website is licensed subject to the additional terms of the applicable third-party license.
1.3. Modification. We may discontinue or alter any aspect of our Website, restrict the time our Website is available, and restrict the amount of use permitted at our sole discretion and without prior notice or liability to you. We may also install bug fixes, updates, patches, and other upgrades to our Website without prior notice or liability to you. Your only remedy is to discontinue using our Website if you do not want a modification we make to our Website.
1.4. Accounts. To access and use certain areas or features of the Site, you will need to register for a Lexington Bakes account. By creating an account, you agree to (a) provide accurate, current and complete account information, (b) maintain and promptly update, as necessary, your account information, (c) maintain the security of your account credentials, (d) be responsible for the acts or omissions of any third party who has authority to access or use the Site on your behalf, and (e) immediately notify us if you discover or otherwise suspect any security breaches related to the Site or your account. You further understand and agree that Lexington Bakes may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your account.
1.5. Removal of Access. Your access to our Website is provided on a temporary basis with no guarantee of future availability or continued right to access. You agree that we may immediately suspend or terminate your access to our Website or any part thereof for any reason, and/or cancel any Orders placed by you, in our reasonable discretion. Cause for such measures include, without limitation: (1) breach or violation of these Terms, or other incorporated agreements or guidelines; (2) discontinuance or material modification to our Website; (3) unexpected technical or security issues or problems; (4) extended periods of inactivity; or (5) your engagement in fraudulent or illegal activities. You further agree that such measures may be taken in our sole discretion and without liability to you or any third party.
1.6. Defects and Availability. We use commercially reasonable efforts to maintain our Website, but we are not responsible for any defects or failures associated with our Website, any part thereof, or any damages (such as lost profits or any other consequential or indirect damages) that may result from any such defects or failures. Our Website may be inaccessible or inoperable for any reason, including, without limitation: (1) equipment malfunctions; (2) periodic maintenance procedures or repairs which we may undertake from time to time; or (3) causes beyond our reasonable control or which we could not reasonably foresee. You understand that our Website is provided over the Internet, so the quality and availability of our Website may be affected by factors outside of our control. Our Website is not intended to be available 100% of the time and we do not make any representations, warranties, or guarantees regarding the reliability or availability of our Website. We do not represent, warrant, or guarantee that our Website will always be available or is completely free of human or technological errors. We will not be liable to you or any third party for damages or losses related to our Website being unavailable.
1.7. Restrictions. You may not: (1) license, sublicense, sell, resell, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party any portion of our Website in any way, including any Lexington Bakes Materials or other data contained therein; (2) copy, modify, adapt, alter, translate, create derivative works, reverse engineer, decompile, disassemble, or otherwise attempt to learn the source code, structure, or ideas upon which our Website is based; (3) use our Website or Lexington Bakes Materials to develop a competing service or product; (4) use any device, software, or routine intended to damage or otherwise interfere with the proper functioning of our Website, servers, or networks connected to our Website or take any other action that interferes with any other person’s use of our Website; (5) decrypt, transfer, create Internet links to our Website, or “frame” or “mirror” our Website on any other server or wireless or Internet-based device; (6) use or merge our Website or any component thereof with other software, databases, or services not provided or approved by us; (7) circumvent or attempt to circumvent any electronic protection measures in place to regulate or control access to our Website; (8) use our Website for unlawful purposes; (9) develop, distribute, or sell any software or other functionality capable of launching, being launched from, or otherwise integrated with our Website; (10) use any bot, spider, or other automatic or manual device or process for the purpose of harvesting or compiling information on our Website for any reason; (11) access or attempt to access any other user’s account; (12) use any Lexington Bakes Materials made available through our Website in any manner that misappropriates any trade secret or infringes any copyright, trademark, patent, rights of publicity, or other proprietary right of any party; (13) introduce into our Website any virus, rogue program, Trojan horse, worm or other malicious or intentionally destructive code, software routines, or equipment components designed to permit unauthorized access to or disable, erase, or otherwise harm our Website, or perform any such actions; (14) introduce into our Website any back door, time bomb, drop dead device, or other software routine designed to disable a computer program automatically with the passage of time or under the positive control of an unauthorized person; (15) delete, modify, hack, or attempt to change or alter our Website, Lexington Bakes Materials, or notices on our Website; (16) connect to or access any Lexington Bakes computer system or network other than our Website; (17) impersonate any other person or entity to use or gain access to our Website.
1.8. Prosecution. We reserve the right to investigate and prosecute violations of any of the above to the fullest extent of the law. We may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms.
2. MATERIALS AND DATA ON OUR WEBSITE
2.1. Lexington Bakes Materials. Our Website may include or provide access to information, software, photos, videos, text, graphics, music, sounds, and other material or information provided by us or third parties, and may allow you to access data, documents, works, methods, processes, assessments, surveys, or reports that are provided or used by Lexington Bakes in connection with our Website, or otherwise comprise or relate to our Website (collectively, the “Lexington Bakes Materials”) whether or not protected by intellectual property laws. You are not acquiring any rights in or to the Lexington Bakes Materials other than a non-exclusive right to access and use the Lexington Bakes Materials solely in accordance with these Terms and solely in connection with your personal use of our Website. You understand and agree that Lexington Bakes’ rights in any Lexington Bakes Materials are valid and protected in all forms, media, and technologies existing now or developed in the future. You may not obscure or remove any proprietary rights notices contained in or on the Lexington Bakes Materials.
2.2. Feedback. We welcome your comments, feedback, information, or materials regarding our Website or any of our other products or services (collectively, “Feedback”). Your Feedback will become our property upon your submission to us. By submitting your Feedback to us, you agree to assign, and hereby irrevocably assign to us, all right, title, and interest in and to the Feedback and all copyrights and other intellectual property rights embodied in such Feedback on a worldwide basis. We will be free to use, copy, distribute, publish and modify your Feedback on an unrestricted basis, without compensation to you. Moreover, you hereby assign or waive, as the case may be, any moral rights that you may have in or to the Feedback.
2.3. Links; Third Party Materials. Our Website may include links to other websites or resources on the Internet, or utilize our Website or content of other third parties (collectively, “Third Party Materials”). Because we have no control over Third Party Materials or the administration of Third Party Materials by the third parties that provide them, you acknowledge and agree that we are not responsible for the availability of such materials, and we do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such Third Party Materials or for any privacy or other practices of the third parties operating those websites or providing such materials. You further acknowledge and agree that we will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, in connection with, resulting from your use of or reliance on any such Third Party Materials available on or through any such website or resource. We strongly encourage you to review any separate terms of use and privacy policies governing use of these third party websites and Third Party Materials.
2.4. Ownership of Intellectual Property. Lexington Bakes or its licensors exclusively own all right, title and interest in and to our Website, the Lexington Bakes Materials, and Feedback, including but not limited to, all ideas, inventions, inferences, discoveries, source and object software code, developments, derivative works, enhancements, upgrades, fixes and patches, formats and processes, and all images, trademarks, service marks, logos and icons displayed or related therein or thereto (collectively, “Lexington Bakes IP”). Except as expressly provided herein, you have no right, license, or authorization with respect to any of the Lexington Bakes IP. You shall not assert any claims to the contrary or otherwise do anything inconsistent with the allocation of ownership herein, including, but not limited to, challenging the validity of the authorizations or any intellectual property rights granted herein. In the event you are ever deemed to be the owner of any of the Lexington Bakes IP, you shall immediately take all necessary steps to evidence, transfer, perfect, vest, or confirm Lexington Bakes’ right, title and interest in the Lexington Bakes IP. Lexington Bakes is not transferring or granting to you any right, title, or interest in or to (or granting you any license or other permissions in or to) any Lexington Bakes IP. The sole exception of the foregoing reservation of rights are the limited rights granted to you to use our Website, and which shall automatically terminate upon expiration or termination of these Terms. Any unauthorized use of any Lexington Bakes IP, whether owned by us or other parties, may violate copyright laws, trademark laws, privacy and publicity laws and communications regulations and statutes. Trademarks owned by third parties are the property of those respective third parties.
3. ONLINE ORDERS
3.1. Payment and Billing. 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 purchase of our products (“Products”) (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 payment method problems before we proceed with your Order. If you want to change or update your payment method information, you can do so at any time by logging into your account. You authorize us (or our third party-payment processor) to charge your payment method for the corresponding amount for your order. We reserve the right to cancel or refuse any order for any reason at any time, including after an order has been submitted, whether or not the order has been confirmed.
3.2. Pricing and Availability. All prices on our Site are shown in U.S. dollars and applicable taxes and other charges, if any, are additional. We reserve the right to adjust prices as we may determine in our sole discretion, at any time and without notice, including without limitation, as based on geographic or other criteria as we may establish from time to time. All of our Products are subject to availability, and we reserve the right to impose quantity limits on any Order, to reject all or part of an Order, to discontinue offering certain Products.
3.3. Taxes. As applicable, you are responsible for, and agree to pay, all taxes, fees, and surcharges set by any governmental agency or taxing authority. You agree to indemnify and hold us harmless for any liability for tax in connection with the purchase of Products.
3.4. Shipping and Handling. You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time. Generally, shipping is handled by a third party courier. When you purchase a Product from our Site, any shipping times shown are estimates only. Actual delivery dates may vary.
3.5. Returns. Returns of Product are subject to our Refund Policy.
4. REPRESENTATIONS
4.1. Representations. You hereby represent and warrant that: (1) you (a) are at least the age of 18; and (b) have the power and authority to enter into and perform your obligations under these Terms; (2) all information provided by you to us is truthful, accurate and complete; (3) you will comply with the terms and conditions of these Terms and any other agreement to which you are subject that is related to your use of our Website, your Feedback, or any part thereof; (4) if applicable, you have provided and will maintain accurate and complete information with us, including, without limitation, your legal name, email address, and any other information we may reasonably require; (5) your access to and use of our Website or any part thereof will not constitute a breach or violation of any other agreement, contract, terms of use or any law or regulation to which you are subject; (6) you will immediately notify us in the event that you learn or suspect that the contact information you provided to us has been disclosed or otherwise made known to any other person; (7) you will not use our Website in order to gain competitive intelligence about us, our Website, or any product or service offered via our Website or to otherwise compete with us; and (8) (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. You further represent and warrant that you are buying Products from the Website for your own personal use only, and not for resale, or export, or competitive purposes. You further represent and warrant that all purchases are intended for final delivery to locations within the US.
4.2. Feedback Representations. In the event you provide any Feedback via our Website, you hereby make the following additional representations and warranties to us: (1) you are owner of such Feedback or otherwise have the right to grant us the licenses or assignments granted pursuant to these Terms; (2) you have secured any and all consents necessary to provide the Feedback and to grant the foregoing licenses or assignments; (3) the Feedback does not violate the rights of any third party, including, without limitation, the intellectual property, privacy or publicity rights of any third party, and such Feedback does not contain any personally identifiable information about third parties in violation of such parties’ rights; (4) the use of any Feedback will not result in harm or personal injury to any third party; and (5) all factual information contained in the Feedback is true and accurate.
5. LIMITED WARRANTY; DISCLAIMERS
5.1. THE WEBSITE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR WEBSITE IS PROVIDED “AS IS” AND “AS AVAILABLE,” AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT OUR WEBSITE (INCLUDING THE LEXINGTON BAKES MATERIALS) WILL MEET YOUR REQUIREMENTS, THAT USE OF THE FOREGOING WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT THE RESULTS OBTAINED FROM THE USE OF THE FOREGOING OR ANY INFORMATION OR CONTENT FOUND ON OUR WEBSITE WILL BE ACCURATE OR RELIABLE, THAT DEFECTS IN THE OPERATION OR FUNCTIONALITY OF OUR WEBSITE WILL BE CORRECTED, THAT OUR WEBSITE AND ANY CONTENT OR INFORMATION FOUND ON OUR WEBSITE WILL BE VIRUS-FREE, OR THAT THE QUALITY OF ANY INFORMATION, CONTENT, OR OTHER MATERIALS OBTAINED THROUGH OUR WEBSITE WILL MEET YOUR EXPECTATIONS. LEXINGTON BAKES WILL HAVE NO LIABILITY REGARDING ANY LOSS OF DATA.
5.2. CONTENT. ANY CONTENT OR OTHER MATERIALS, INCLUDING THIRD PARTY CONTENT OR MATERIALS, DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE IS DONE AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. FURTHER, PLEASE NOTE THAT NO ADVICE OR INFORMATION, OBTAINED BY YOU THROUGH OUR WEBSITE WILL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
5.3. LIMITED WARRANTY FOR PRODUCTS.
5.3.1. WE WARRANT TO YOU THAT THE PRODUCTS PURCHASED THROUGH THE WEBSITE WILL MATERIALLY CONFORM TO OUR PUBLISHED SPECIFICATIONS IN EFFECT AS THE DATE OF MANUFACTURE AND BE FREE FROM MATERIAL DEFECTS.
5.3.2. EXCEPT FOR THE FOREGOING LIMITED WARRANTY, WE MAKE NO WARRANTY WHATSOEVER WITH RESPECT TO THE PRODUCTS PURCHASED THROUGH THE WEBSITE, INCLUDING ANY (I) WARRANTY OF MERCHANTABILITY, (II) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, (III) WARRANTY OF TITLE, OR (IV) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY, WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
5.3.3. We shall not be liable for a breach of the warranties set forth in Section 5.3.1 unless: (i) you give written notice of the defective Products, reasonably described, to us within seven (7) days of the time when you discover or ought to have discovered the defect; (ii) if applicable, we are given a reasonable opportunity after receiving the notice of breach of the warranty set forth in Section 5.3.1 to examine such Products and you (if we so request) return such Products to our place of business at your cost for the examination to take place there; and (iii) we reasonably verify your claim that the Products are defective.
5.3.4. We shall not be liable for a breach of the warranty set forth in Section 5.3.1 if: (i) you make any further use of such Products after you give such notice; (ii) the defect arises because you failed to follow our oral or written instructions as to the storage, installation, commissioning, use or maintenance of the Products; or (iii) you alter such Products without our prior written consent.
5.3.5. Subject to Section 5.3.3 and 5.3.4 above, with respect to any such Products during the warranty period, we shall, in our sole discretion, either: (i) replace such Products or (ii) credit or refund the amounts paid by you for such Products provided that, if we so request, you shall, at your expense, return such Products to us.
5.3.6. THE REMEDIES SET FORTH IN SECTION 5.3.5 SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY AND OUR ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY SET FORTH IN SECTION 5.3.1.
6. INDEMNITY; LIMITATION OF LIABILITY
6.1. Indemnity. YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS LEXINGTON BAKES,OUR AFFILIATES, AND ALL OF THEIR OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, WEBSITE PROVIDERS, LICENSORS, AND AGENTS (COLLECTIVELY, “RELEASED PARTIES”) FROM AND AGAINST ANY AND ALL CLAIMS, LIABILITIES, DAMAGES, LOSSES, DEMANDS, OR EXPENSES, INCLUDING ATTORNEY’S FEES AND COSTS AND EXPENSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH: (A) YOUR USE OF OUR WEBSITE, (B) YOUR VIOLATION OF THESE TERMS, (C) YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD PARTY, AND (D) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT.
6.2. Limitation of Liability. IN NO EVENT SHALL THE RELEASED PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY WITH RESPECT TO ITS OBLIGATIONS UNDER THESE TERMS OR OTHERWISE FOR LOST PROFITS, LOSS OF DATA, WORK STOPPAGE, PERSONAL INJURY, DEATH, OR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. IN NO EVENT SHALL THE RELEASED PARTIES’ AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS, YOUR USE OF THE WEBSITE, OR YOUR PURCHASE OF PRODUCTS, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNTS PAID BY YOU FOR THE PRODUCTS SOLD THROUGH THE WEBSITE.
6.3. For California Residents. IF YOU ARE A CALIFORNIA RESIDENT OR COULD OTHERWISE CLAIM THE PROTECTIONS OF CALIFORNIA LAW, YOU FURTHER EXPRESSLY WAIVE THE PROVISIONS OF SECTION 1542 OF THE CALIFORNIA CIVIL CODE, WHICH READS AS FOLLOWS: "A GENERAL RELEASE DOES NOT EXTEND TO THE CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE WHICH, IF KNOWN BY HIM OR HER, MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR." YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND SECTION 1542 OF THE CALIFORNIA CIVIL CODE, AND YOU HEREBY EXPRESSLY WAIVE AND RELINQUISH ALL RIGHTS AND BENEFITS UNDER THAT SECTION AND ANY LAW OF ANY JURISDICTION OF SIMILAR EFFECT WITH RESPECT TO YOUR RELEASE OF ANY CLAIMS YOU MAY HAVE AGAINST RELEASED PARTIES.
6.4. Terms Applicable to New Jersey Consumers. No provision in these Terms shall apply to any consumer in New Jersey if the provision limits remedies for (i) negligence, (ii) products liability claims, (iii) the punitive damages laws, (iv) the New Jersey Uniform Commercial Code, or (v) failure to reasonably protect against harm arising from certain criminal acts of third parties (e.g., computer hacking and identity theft). The provisions of these Terms concerning the exclusion or limitation of certain damages are not applicable in New Jersey with respect to statutory damages, punitive damages, loss of data, and loss of or damage to property. We reserve all rights, defenses, and permissible limitations under the laws of New Jersey and under the laws of your state of residence.
7. GOVERNING LAW & JURISDICTION
7.1. Governing Law. These Terms will be governed by and construed, interpreted, and enforced in accordance with the laws of the State of Caliornia without reference to its conflicts or choice of law principles. Any court proceeding will take place in Los Angeles County, California, and you hereby consent to the exclusive jurisdiction and venue of the state or Federal courts in Los Angeles, California. You irrevocably submit and consent to the personal jurisdiction of such courts.
8. MISCELLANEOUS
8.1. Term. These Terms are effective upon your acceptance and will continue in full force until terminated by you or us. You may terminate these Terms at any time by immediately discontinuing all access to our Website. Termination or cancellation of these Terms will not affect any right or relief to which we may be entitled at law or in equity. We reserve the right to terminate these Terms and/or any Orders at any time and for any reason without prior notice to you. Further, you agree that we will not be liable to you or any third-party for any termination or suspension of your access to our Website or any part thereof.
8.2. Independent Contractors. You understand and expressly agree that you and Lexington Bakes are independent contractors and not agents or employees of the other party. Neither you nor Lexington Bakes has any right, power, or authority to act or create any obligation, express or implied, on behalf of the other party.
8.3. Consent to Do Business Electronically. We use and rely upon electronic records and electronic signatures for the execution and delivery of these Terms and any other agreements, undertakings, notices, disclosures or other documents, communications or information of any type sent or received in accordance with these Terms and in performing our obligations and exercising our rights under these Terms. Neither you nor Lexington Bakes will prevent or inhibit in any way the other party from printing, saving, or otherwise storing electronic records sent or otherwise made available to the other party. You agree not to contest the authorization for, or validity or enforceability of, electronic records and electronic signatures, or the admissibility of copies thereof, under any applicable law relating to whether certain agreements, files, or electronic records are to be in writing or signed by you to be bound thereby. You will bear your own costs and expenses in conducting business electronically, and will undertake all steps necessary, including software, hardware, and other equipment upgrades and purchases, in order to be able to conduct business electronically.
8.4. Equitable Relief. You agree that breach of the provisions of these Terms would cause irreparable harm and significant injury to us which would be both difficult to ascertain and which would not be compensable by damages alone. As such, you agree that we have the right to enforce the provisions of these Terms by injunction (without necessity of posting bond), specific performance, or other equitable relief without prejudice to any other rights and remedies we may have for your breach of these Terms.
8.5. Entire Agreement. These Terms and any hyperlinked policies and procedures constitute the entire agreement between you and Lexington Bakes with respect to the subject matter hereof and supersede all prior agreements, both oral and written, with respect to the subject matter hereof. We may revise and update these Terms from time to time, and will post the updated Terms to our Website. UNLESS OTHERWISE STATED IN THE AMENDED VERSION OF THESE TERMS, ANY CHANGES TO THESE TERMS WILL APPLY IMMEDIATELY UPON POSTING. Although we are not obligated to provide you with notice of any changes, any changes to these Terms will not apply retroactively to events that occurred prior to such changes. Your continued use of our Website will constitute your agreement to any new provisions within the revised Terms.
8.6. Waiver; Severability. Our failure to enforce any provision of these Terms will not be deemed to be a waiver of our right to enforce them. If any term or provision of these Terms will be held to be invalid, illegal, or unenforceable, the remaining terms and provisions of these Terms will remain in full force and effect, and such invalid, illegal, or unenforceable term or provision will be deemed not to be part of these Terms.
8.7. Assignment. You may not assign, transfer, or sell (voluntarily or by operation of law) your rights or obligations under these Terms, nor delegate your duties hereunder to any other person, without our prior written consent. Any purported assignment without our consent will be void and will constitute a breach of these Terms. We may assign these Terms or delegate or subcontract our obligations under these Terms at any time.
8.8. Survival. The provisions of these Terms that by their content are intended to survive the expiration or termination of these Terms, including, without limitation, provisions governing ownership and use of intellectual property, representations, disclaimers, warranties, liability, indemnification, governing law, jurisdiction, venue, remedies, rights after termination, and interpretation of these Terms, will survive the expiration or termination of these Terms for their full statutory period.
8.9. Contact Us. For questions or concerns, please contact us at support@lexingtonbakes.com