Terms and Conditions
Welcome to the web site ("Site") of Monks' Bread ("Monks' Bread", the "Company" "we" or "us"), www.monksbread.com, www.geneseeabbey.org (collectively, the "Site" or "Web Site"). We have set out below certain terms and conditions for use of this Site. You agree to be bound by these terms if you use our Site. If you do not agree with this Terms and Conditions statement, do not use this Site. Be sure to check this page periodically for updates, as your continued use of the Site signifies your acceptance of any changed items.P
Please note that the headings contained in this Terms and Condition statement are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in this Terms and Conditions statement.
Our Intellectual Property
Proper Use of Our Site
Co-Branded Areas of This Site
Disclaimer of Warranty and Limitation of Liability
Links to Other Sites
Feedback and Submissions
Employment Opportunities
Violations and Additional Terms
Privacy and Children's Information
No Waiver
Severability
Governing Law and Jurisdiction
For More Information
Back to Top
Our Structure
You know us as Monks Bread. Our operating organization is a non for profit religious organization incorporated as "The Abbey of the Genesee" in New York State. Throughout this statement and this Site we will make reference to Monks' Bread or the Abbey, which shall refer to the makers and owner of Monks' Bread and its trade mark name and logo, "The Abbey of the Genesee."
Back to TopOur Intellectual Property
Monk's Bread® , Monks' Bread® and The Abbey of the Genesee® name, design, logos and related marks are registered trademarks/service marks of The Abbey of the Genesee. Monks' In site if the abbey, across from the Gensee River is Geneseo, NY.Choice®, Trappist Trio®, Monks' Build-A-Box®, Monks' American Classic® Break Bread Makes Friends™ are trademark(s)/service mark(s) of The Abbey of the Genesee. All rights reserved.
Our Site and all of its contents (including, without limitation, articles, text, photographs, images, illustrations, graphics, video material, audio material, and software — collectively, the "intellectual property"), are protected by copyright, trademark and other laws of the United States, as well as international conventions and the laws of other countries. The intellectual property is owned or controlled by Monk's Bread or the party credited as the provider of the intellectual property. Additionally, the Site itself is protected by copyright as a collective work and/or compilation.
No portion of this Site may be reproduced, duplicated, copied, sold, or otherwise exploited for any commercial purpose that is not expressly permitted by Monks' Bread.
You may browse through the Site and occasionally download small amounts of materials appearing on the Site that are of personal interest to you for personal, non-commercial use. You must keep intact all copyright, trademark and other notices contained in your personal copies. You may not reproduce or allow others to reproduce your personal copies of downloaded materials, nor may you make them available electronically. You may not save or archive a significant portion of the material appearing on the Site. You may not attempt to alter or modify the content posted on the Site. Except as expressly set forth in this paragraph, you may not copy, download, display, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, post, decompile, reverse engineer, disassemble or in any way exploit any of our intellectual property or the Site itself.
Back to TopProper Use of Our Site
You may not use this Site for any purpose that is unlawful or prohibited by this Terms and Conditions statement, or cause damage on or through this Site. You promise that none of your communications with or through the Site will violate any applicable local, state, national or international law. You further promise that none of your communications with or through the Site will infringe upon the rights of any third party or contain defamatory, libelous, abusive or obscene material. You agree not to affect/interrupt or to attempt to affect/interrupt the operation of this Site in any manner.
You agree to defend, indemnify and hold Monks' Bread, its affiliates, officers, directors, employees, franchisees, agents, liscensors, business associates, and suppliers harmless from and against any actual or threatened claims, actions or demands, causes of action, damages, losses, expenses, liabilities and settlements including, without limitation, reasonable legal and accounting fees and costs of suit, resulting from, or alleged to result from, or arising out of or in connection with, your use of the Site, including without limitation your use of the Site in a manner that violates or is alleged to violate this Terms and Conditions statement or any applicable law.
Back to TopCo-Branded Areas of This Site
Your correspondence or business dealings with, or purchase of products or services from, the companies (such as EDI Check Solutions, YouTube, UPS and others) that operate our co-branded web sites linked to this Site or web pages found on this Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such company. You agree that Monk's Bread shall not be responsible or liable for any loss or damage of any sort incurred as a result of such dealings or as a result of the presence of a co-branded offer on this Site.
Back to TopDisclaimer of Warranty and Limitation of Liability
Monk's Bread does not guarantee the accuracy of information found on the Site. Your reliance on information found on the Site is at your own risk.
THE SITE, AND ALL ITS CONTENTS, IS PROVIDED TO YOU "AS IS," WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. MONK'S BREAD AND ITS FRANCHISEES MAKE NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
UNDER NO CIRCUMSTANCES WILL MONK'S BREAD, ITS FRANCHISEES, AFFILIATES, SUPPLIERS OR ANY OTHERS INVOLVED IN CREATING THE SITE AND ITS CONTENTS BE LIABLE FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES RESULTING FROM ANY CIRCUMSTANCE INVOLVING THE SITE OR ITS CONTENT (INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY ERROR, OMISSION, INTERRUPTION, DEFECT, FAILURE OF PERFORMANCE, UNAUTHORIZED USE OF THIS SITE, LOST DATA, DELAY IN OPERATION OR TRANSMISSION, BREACH OF SECURITY, LINE FAILURE, DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THIS SITE, OR COMPUTER VIRUS, WORM, TROJAN HORSE OR OTHER HARMFUL COMPONENT), EVEN IF YOU HAVE ADVISED MONKS' BREAD IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGE.
MONKS' BREAD, ITS FRANCHISEES, SUPPLIERS AND SERVICES PROVIDERS DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR TIMELINESS, CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT MONKS' BREAD ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT MONKS' BREAD. MONKS' BREAD UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION.
Applicable law may 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 or exclusions may not apply to you. However, in no event shall Monks' Bread's aggregate liability to you or any third party for damages, losses, and causes of action exceed the amount paid by you, if any, for accessing this Site or $100, whichever is lesser. You agree to bring any and all actions within one year from the date of the accrual of the cause of action, and that actions brought after this date will be barred.
Back to TopLinks to Other Sites
Our Site may provide links to web sites not operated by Monks' Bread. Access to any other sites linked to this Site is at your own risk. Such links do not imply, nor should you infer, Monks' Bread's association, sponsorship, affiliation or endorsement of material on any other site, and Monks' Bread assumes no responsibility for third-party web sites, including but not limited to any content contained on such websites. For example, Monks' Bread does not vouch for, or make any judgement or warranty with respect to, the accuracy, reliability or availability of the information or the goods or services offered on third-party web sites, even if someone from our Company is quoted or leaves a comment.
Although MONKSBREAD.COM may open a new browser window when you click on a link to a third party's site, we do not guarantee that you will receive this alert when you leave our Site. It is your responsibility to determine when you have left this Site.
Unless otherwise set forth in a written agreement between you and Monks' Bread, you may link your web site to the home page of our Site, provided that you adhere to the following linking policy: (i) any link to Monks' Bread's Site must be a text only link and clearly marked "Monks' Bread Site," (ii) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with Monks' Bread's names and trademarks, (iii) the link must "point" to the URL www.monksbread.com or www. geneseeabbey.org and not to other pages within the Monks' Bread Site, (iv) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with Monks' Bread, (v) when selected by a user, the link must display the Monks' Bread Site on full-screen and not within a "frame" on the linking Site, and (vi) Monks' Bread reserves the right to revoke its consent to the link at any time and in its sole discretion.
Back to TopE-mail submissions over the Internet may not be secure. Please consider this fact before e-mailing any personal or confidential information.
Back to TopFeedback and Submissions
Except as described in this Site's Privacy Policy, any material, information or ideas you submit to this Site will be deemed a grant of a royalty free, exclusive, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute these materials throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised. In addition, you warrant that all publicity rights and so-called "moral rights" have been waived. If any court determines that Monks' Bread does not retain exclusive ownership of any such material, information, or ideas, then Monks' Bread retains a non-exclusive license to use them.
Back to TopEmployment Opportunities
Monk's Bread is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, sex, color, religion, national origin, age, disability (so long as such disability can be reasonably accommodated) or any other status protected by applicable law. Monks' Bread encourages all qualified applicants to apply with no guarantee that employment is available. Monk's Bread does not assume responsibility for the hiring practices of MONKS' BREAD® franchisees, partners or service providers.
Back to TopViolations and Additional Terms
Certain products or services offered by this Site, and certain areas within this Site, may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those products, services or areas. You must agree to these Additional Terms before using those products, services or areas. The Additional Terms and this Terms and Conditions statement both apply. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms and Conditions, the Additional Terms control.
Monks' Bread reserves the right to seek all remedies available at law and in equity for violations of this Terms and Conditions statement, including suspending or blocking your access to the Site. Please see our Privacy Policy for our policies regarding privacy, which is incorporated herein by reference.
Certain products or services offered by this Site, and certain areas within this Site, may be governed by additional terms of use and/or other agreements ("Additional Terms") presented in conjunction with those products, services or areas. You must agree to these Additional Terms before using those products, services or areas. The Additional Terms and this Terms and Conditions statement both apply. In the event of an irreconcilable inconsistency between the Additional Terms and this Terms and Conditions, the Additional Terms control.
Back to TopPrivacy and Children's Information
Please see our Privacy Policy for more information about the steps we take to protect your privacy. With respect to children's privacy, we do not knowingly collect any personally identifiable information from children under the age of thirteen years. This Site is directed to adults at least eighteen years old, and when a user discloses personal information on this Site, the user is representing to us that he or she is an adult.
Back to TopNo Waiver
No delay or failure by Monks' Bread to enforce any of these Terms and Conditions shall constitute a waiver of any of our rights under these Terms and Conditions. Neither the receipt of any funds by Monk's Bread nor the reliance of any person on our actions shall be deemed to constitute a waiver of any part of these Terms and Conditions. Only a specific, written waiver signed by an authorized representative of Monks' Bread shall have any legal effect.
Back to TopSeverability
If any clause or provision set forth in this Terms and Conditions statement is determined to be illegal, invalid or unenforceable under present or future law, the clause or provision shall be deemed to be deleted without affecting the enforceability of all remaining clauses or provisions.
Back to TopGoverning Law and Jurisdiction
The Monks' Bread Site is operated by Monk's Bread. The laws of the State of New York shall govern this Terms and Conditions statement, without reference to its choice of law rules. Monks' Bread makes no representation that the information in the Site is appropriate or available for use in other locations, and access to the Monks' Bread Site from territories where the content of the Monks' Bread Site may be illegal is prohibited. Those who choose to access the Monks' Bread Site from other locations do so on their own initiative and are responsible for compliance with applicable local laws. This Terms and Conditions statement and all policies and documents incorporated herein by reference constitute the entire agreement between Monks' Bread and you with respect to the subject matter herein.
This Terms and Conditions statement and any disputes arising under or related to this Terms and Conditions statement and/or the Privacy Policy or to this Site will be governed by U.S. federal law and the laws of the State of New York, without reference to its conflict of law principles. Any such dispute shall be resolved exclusively in Livingston County, State of New York, where we have our headquarters. You agree to submit to the personal jurisdiction and venue of the courts of the State of New York for any legal proceeding involving the Site, regardless of who initiated the proceeding.
This English-language Terms and Conditions statement is Monk's Bread's official agreement with users of this Site. In case of any inconsistency between this English-language Terms and Conditions statement and its translation into another language, this English-language document shall control.
Back to TopFor More Information
If you have any questions regarding our Terms and Conditions statement, please contact us by sending an email to webmaster@monksbread.com or writing to us at Monks' Bread, Abbey of the Genesee, 3258 River Road, Piffard, NY 14533
© Monks' Bread, 2006. All Rights Reserved. MONKS, MONKS' BREAD, Monks' Choice® Trappist Trio® Monks' Build-A-Box® Monks' American Classic® and other marks and logos are the intellectual property of Monk's Bread.
LAST UPDATED AND EFFECTIVE DATE: December 20, 2006.