Terms of Service

Last updated: February 16, 2024

Please read these Terms of Service carefully before using Our Service.

1 - Interpretation and Definitions

1.1 - Interpretation Words with the initial letter capitalized have meanings defined under the following conditions. These definitions shall apply regardless of whether the words appear in singular or plural form.

1.2 - Definitions For the purposes of these Terms of Service:

Account means a unique account created for You to access Our Service or parts of Our Service. Affiliate means an entity that controls, is controlled by, or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest, or other securities entitled to vote for the election of directors or other managing authority. Application means the software program provided by the Company or Operator, downloaded by You on any electronic device, named Eggs N’ Toast LLC. Buyer refers to users of the Service who place Orders for Goods. Company (referred to as “the Company,” “We,” “Us,” or “Our” in this Agreement) refers to Eggs N’ Toast LLC, 4214 Shankweiler Rd Orefield, PA 18069. Content means text, images, or other information that You post, upload, link to, or otherwise make available, regardless of form. Country refers to the United States of America. Device means any device that can access the Service such as a computer, cell phone, or digital tablet. Feedback means feedback, innovations, or suggestions You submit regarding the attributes, performance, or features of Our Service. Goods refers to items or services offered for sale, rental, auction, contact, or any other trading means on the Service, including (but not limited to) digital ad management, direct mail campaigns, co-branded email promotions, and printed materials. Operator (referred to as “the Operator,” “We,” “Us,” or “Our” in this Agreement) refers to Eggs N’ Toast. Order means a request by You to purchase or trade Goods on the Application or Website. Seller refers to users of the Service who list Goods and make them available for trade by any means. Service refers to the Application and/or the Website. Terms of Service (also referred to as “Terms”) means these Terms of Service that form the entire agreement between You and the Company or Operator regarding the use of the Service. This Terms of Service agreement was generated by TermsFeed and further modified by Sharetribe and Eggs N’ Toast. Third-party Social Media Service means any services or content (including data, information, products, or services) provided by a third party that may be displayed, included, or made available by the Service. Website refers to Eggs N’ Toast, accessible at eggsntoast.com. You means the individual or legal entity accessing or using the Service, as applicable.

2 - Contact Us

If You have any questions about these Terms of Service, You can contact us:

By email: [email protected] By visiting our website: eggsntoast.com

3 - Acknowledgment

These Terms govern the use of this Service and the agreement that operates between You and the Company or Operator. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms.

By accessing or using the Service, You agree to be bound by these Terms. If You disagree with any part of these Terms, You may not access the Service.

You represent that you are over the age of majority according to the laws of your country or the Country, whichever is higher. The Company or Operator does not permit those under that age to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with Our Privacy Policy, which details how We collect, use, and disclose Your personal information and explains Your privacy rights and protections. Please review the Privacy Policy carefully before using Our Service.

4 - Governing Law

The laws of the Country, excluding its conflicts of law rules, shall govern these Terms and Your use of the Service. Your use of the Application or Website may also be subject to other local, state, national, or international laws.

4.1 - For European Union (EU) Users If You are a European Union consumer, You will benefit from any mandatory provisions of the law of the country in which You are resident.

4.2 - United States Legal Compliance You represent and warrant that (i) You are not located in a country that is subject to a United States government embargo or designated by the United States as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

4.3 - Severability If any provision of these Terms is held to be unenforceable or invalid, that provision will be changed and interpreted to accomplish its objectives to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.

4.4 - Waiver Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party’s ability to exercise such right or require such performance at any time thereafter, nor shall the waiver of a breach constitute a waiver of any subsequent breach.

5 - User Accounts

5.1 - Account Creation When You create an account with Us, You must provide accurate, complete, and current information at all times. Failure to do so constitutes a breach of these Terms, which may result in immediate termination of Your account.

You may not use as a username the name of another person or entity or a name or trademark that is subject to the rights of another without authorization, or a name that is otherwise offensive, vulgar, or obscene.

5.2 - Account Information You may be asked to supply certain personal information such as Your name, email, phone number, and address. For identity verification, You may need to provide additional documents. Depending on Your use (e.g., buying or selling), You may also need to provide payment or banking details.

5.3 - Account Review Unless part of a specific feature, We do not perform background checks or endorse any user. We are not liable for the reliability, accuracy, or completeness of any information provided by users.

5.4 - Account Password You are responsible for safeguarding Your password and for any activities or actions under Your password. You agree not to disclose Your password to any third party. Notify Us immediately of any breach of security or unauthorized use of Your account.

5.5 - Account Termination We may terminate or suspend Your account without prior notice or liability if You breach these Terms or for any other reason at Our sole discretion. Upon termination, Your right to use the Service ceases immediately.

6 - Content

6.1 - Your Right to Post Content You are responsible for any Content You post and its legality, reliability, and appropriateness. By posting Content, You grant Us a license to use, modify, publicly perform, reproduce, and distribute such Content on and through the Service. You retain any rights to the Content You post, and You are responsible for protecting those rights.

You represent and warrant that:

You own or have the rights to post such Content. Posting Your Content does not violate any privacy, publicity, copyright, contract, or other rights of any person. 6.2 - Content Restrictions You may not transmit unlawful, offensive, or otherwise objectionable Content. We reserve the right, but not the obligation, to remove or refuse Content at Our sole discretion.

6.3 - Content Backups While We may perform regular backups of Content, We do not guarantee data integrity or restoration. You are responsible for maintaining backups of Your Content independently.

6.4 - Intellectual Property of Others and Copyright Infringement We respect the intellectual property rights of others. If You believe any Content on Our Service infringes Your copyright or other intellectual property, please contact Us as described in Section 3 - Contact Us.

7 - Orders of Goods

By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.

7.1 - Position of the Service in Orders We serve as a facilitator between You (the Buyer) and Sellers; We are not a party to any agreement You make with Sellers. Any agreement You enter with Sellers does not form part of any agreement with Us.

7.2 - Your Information as Buyer You may need to provide information such as Your name, billing address, shipping address, credit card number, etc., for Order processing. By submitting such information, You grant Us the right to share it with payment processors to facilitate Your Order.

7.3 - Availability, Errors, and Inaccuracies We and Sellers may update Goods and pricing without notice. We do not guarantee the accuracy or completeness of any information, including prices and product descriptions.

7.4 - Prices Policy We and Sellers reserve the right to revise prices at any time prior to accepting an Order. In the event of any issue beyond Our control that affects delivery (e.g., customs changes), We reserve the right to revise the price or cancel the Order.

7.5 - Payments Payment methods and associated terms are governed by Our payment gateways. If authorization is not received, We are not liable for any delay or non-delivery of Your Order.

7.6 - Service Fees We may charge a fee for using Our Service, displayed during Your Order. We can change these fees at any time.

7.7 - Order Modification You and Sellers are responsible for any Order modifications. Additional amounts, fees, or taxes may apply.

7.8 - Order Cancellation 7.8.1 - Our Right to Cancel

We may refuse or cancel Your Order for reasons including Goods unavailability, pricing errors, or suspected fraud.

7.8.2 - Buyer Cancellation

If You cancel an Order, the amount You paid (including Service fees) is not refunded unless otherwise stated. Please contact Us for extraordinary circumstances.

7.8.3 - Seller Cancellation

If a Seller cancels, the Buyer is refunded. If extraordinary circumstances arise, please contact Us.

7.9 - Order Dispute In case of a dispute, contact Us. We reserve the right to resolve disputes at Our sole discretion.

7.10 - No Refund Policy All sales are final once payment is processed. This applies to all services and Goods, including but not limited to digital ad management (e.g., Google Ads, Meta Ads, TikTok Ads, Amazon Ads), direct mail, co-branded email campaigns, and printing services. No refunds or cancellations can be made after the transaction is complete.

7.11 - Ad Management & “No Ad Credits” When You purchase Our ad management services, each dollar You commit represents the budget We oversee on Your behalf. No ad credits are provided by Eggs N’ Toast; platforms (Google, Meta, TikTok, Amazon, etc.) will charge Your card on file for any actual ad costs.

7.12 - Brand Collaboration & Co-Branded Campaigns We may offer brand collaboration options, such as co-branded email campaigns, direct mail sharing, or joint digital ad efforts. Any collaboration is subject to:

Data Privacy: Each brand retains its own subscriber data and is responsible for compliance with applicable privacy laws (e.g., GDPR). Cost Splitting: Partners may split costs or share creative assets at their own discretion. Coordination: Eggs N’ Toast facilitates scheduling and verification but is not liable for results or any partner disputes. 8 - Disclaimer of Warranties and Limitation of Liability

8.1 - Limitation of Liability To the maximum extent permitted by law, neither the Company nor the Operator (including suppliers and affiliates) shall be liable for any special, indirect, or consequential damages. Our total liability is limited to the amount You paid through the Service or USD $100 if no purchase was made.

8.2 - “AS IS” and “AS AVAILABLE” Disclaimer The Service is provided “AS IS” and “AS AVAILABLE.” We make no warranties or guarantees of any kind, including but not limited to merchantability, fitness for a particular purpose, or non-infringement.

8.3 - Links to Other Websites Our Service may contain links to third-party sites. We are not responsible for the content or policies of these third-party services.

8.4 - Translation Interpretation If these Terms have been translated for Your convenience, the English text prevails in case of dispute.

9 - Dispute Resolution

If You have concerns or disputes regarding the Service, contact Us first to seek an informal resolution.

10 - Intellectual Property of the Service

All original content (excluding user-provided Content) and features of the Service remain the exclusive property of the Company or Operator and its licensors. Our trademarks may not be used without prior written consent.

11 - Your Feedback to Us

You assign all rights in any Feedback You provide to the Company or Operator. If such assignment is invalid, You grant Us a non-exclusive, perpetual, irrevocable, royalty-free, worldwide license to use such Feedback without restriction.

12 - Changes to These Terms of Service

We reserve the right to modify or replace these Terms at any time. If a revision is material, We will attempt to provide at least 30 days’ notice before the new terms take effect. By continuing to use Our Service after revisions become effective, You agree to be bound by the new Terms.

Thank you for reviewing Our Terms of Service. By using Our Service, You acknowledge and agree to these Terms in their entirety. If You have any questions, please contact us at [email protected].