Terms of Service

Effective Date: July 2, 2025

This Terms of Service Agreement (the “Agreement”) constitutes a legally binding agreement made between you (“you,” “user,” or “customer”) and Little Brick House Bakery LLC, doing business as Little Brick House Bakery (“Little Brick House Bakery,” “we,” “us,” or “our”), a limited liability company organized under the laws of the State of West Virginia, United States, with a principal business address located in Marion County, West Virginia.

This Agreement governs your access to and use of the website located at www.littlebrickhousebakery.com (the “Site”), as well as any related services or products offered through the Site (collectively, the “Services”).

BY ACCESSING OR USING THIS SITE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO BE BOUND BY ALL TERMS CONTAINED HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE OR SERVICES.

1. Our Services

Little Brick House Bakery operates an online bakery offering gluten-free baked goods for purchase by individuals for personal use. Products are available solely for local pickup and porch pickup; we do not offer shipping at this time. The Site functions as an eCommerce platform where users may browse products, place orders, and make payments.

2. Intellectual Property Rights

Unless otherwise indicated, the Site and all content therein, including but not limited to text, graphics, images, logos, trademarks, and the compilation thereof (collectively, the “Content”), are the proprietary property of Little Brick House Bakery or its licensors and are protected by applicable intellectual property laws. No portion of the Site or Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, or distributed in any manner without our express prior written consent.

3. User Representations

By using the Site, you represent and warrant that:

  • You are at least 18 years of age or the legal age of majority in your jurisdiction;

  • You have the legal capacity and authority to enter into this Agreement;

  • You will use the Site only for lawful purposes and in accordance with this Agreement.

4. Prohibited Activities

You agree not to engage in any of the following activities in connection with your use of the Site:

  • Using the Services to advertise or offer to sell any goods or services not provided by Little Brick House Bakery;

  • Selling or otherwise transferring your user profile or account;

  • Accessing or using the Site for any unlawful purpose;

  • Interfering with, disrupting, or burdening the Site or any networks or systems connected thereto;

  • Circumventing or disabling any security-related features of the Site.

5. User-Generated Content

The Site does not permit the upload, posting, or publication of user-generated content, including but not limited to comments, reviews, media files, or articles. Accordingly, any attempted submission of such content may be removed without notice.

6. Contribution License

As the Site does not allow user-generated contributions, this section is not applicable.

7. Services Management

We reserve the right, but not the obligation, to

  • monitor the Site for violations of this Agreement;

  • take appropriate legal action in response to any violation of applicable law or these Terms;

  • restrict or deny access to the Site at our sole discretion and without notice.

8. Term and Termination

This Agreement shall remain in full force and effect while you use the Site. We may, in our sole discretion and without notice or liability, terminate or suspend your access to the Site for any reason, including without limitation any breach of this Agreement.

9. Modifications and Interruptions

We reserve the right to modify or discontinue all or part of the Site or Services at any time without notice. We shall not be liable to you or any third party for any modification, suspension, or discontinuance of the Site.

10. Governing Law

This Agreement and all matters arising out of or relating thereto shall be governed by and construed in accordance with the laws of the State of West Virginia, without regard to conflict of law principles.

11. Dispute Resolution

a. Informal Negotiation

In the event of a dispute, you agree to first engage in good-faith negotiations with us for a period of at least thirty (30) days prior to initiating arbitration or litigation.

b. Binding Arbitration

If informal negotiation fails, any dispute, controversy, or claim arising out of or related to this Agreement shall be resolved by binding arbitration in Marion County, West Virginia, in accordance with the rules of the American Arbitration Association. The decision of the arbitrator shall be final and binding. If arbitration fees are determined to be excessive, Little Brick House Bakery agrees to cover such fees.

c. Litigation

If a matter proceeds to court rather than arbitration, the parties agree that venue shall lie in the state or federal courts located in Marion County, West Virginia.

d. Time Limitation

Any cause of action arising out of or relating to this Agreement must be commenced within one (1) year after the cause of action accrues. Otherwise, such cause of action is permanently barred.

12. Corrections

We reserve the right to correct any typographical errors, inaccuracies, or omissions on the Site at any time without prior notice.

13. Disclaimer

THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR LIABILITY FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SITE OR PURCHASE OF PRODUCTS SHALL BE LIMITED TO THE AMOUNT PAID BY YOU FOR THE PRODUCT GIVING RISE TO THE CLAIM.

15. Indemnification

You agree to indemnify, defend, and hold harmless Little Brick House Bakery LLC and its affiliates, officers, agents, and employees from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including attorney’s fees) arising from:

  • your use of the Site;

  • your breach of this Agreement; or

  • your violation of any third-party right.

16. User Data

We retain data you submit for the purposes of order processing and customer service in accordance with our Privacy Policy. You are solely responsible for maintaining the confidentiality of any login credentials associated with your account.

17. Electronic Communications, Transactions, and Signatures

You consent to receive electronic communications, including SMS messages via Squarespace, regarding order updates, marketing promotions, and responses to inquiries. You may opt out of receiving marketing communications at any time by replying “STOP.” You agree that all agreements, notices, and communications we provide electronically satisfy any legal requirement that such communication be in writing.

18. Miscellaneous

This Agreement constitutes the entire agreement between you and Little Brick House Bakery regarding the use of the Site. No waiver of any term shall be deemed a further or continuing waiver. If any provision is held to be unlawful or unenforceable, the remaining provisions shall remain in full force and effect.

19. Contact Information

If you have any questions or concerns regarding these Terms, you may contact us at:

Little Brick House Bakery LLC
Email: lbhbakery@gmail.com
Phone: (443) 531-2015
Website: www.littlebrickhousebakery.com
Jurisdiction: Marion County, West Virginia, United States