Terms of service

Last Updated: November 7, 2025

These Terms of Service (“Terms”) apply to this website and any sites, apps, products, or services owned or operated by CAKES Body LLC, Cakes International UK Ltd., and its affiliated entities (“CAKES Body”) that post a valid link to or include these Terms (collectively, the “Site”). Please carefully read these Terms before using the Site, as they affect your legal rights and obligations. You agree to these Terms by accessing or using the Site. Please also review our Privacy Policy at https://cakesbody.com/policies/privacy-policy. If you do not agree to these Terms, do not use the Site. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity's behalf and that such entity agrees to be responsible to us if you violate these Terms.

To make a purchase on our Site, you must be at least 18 years old or the age of majority in your jurisdiction. If you do not meet the age requirement then you may not purchase products on our Site.

When using particular services or features of the Site, in addition to these Terms, additional terms or policies, including refund terms, shipping policies, or end user license agreements may apply to your use of that feature or service (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise.

ARBITRATION NOTICE: Except for certain types of disputes described in the ARBITRATION section below, you and CAKES Body agree that disputes between you and CAKES Body will be resolved by binding, individual ARBITRATION and you waive your right to participate in a class action lawsuit or class-wide arbitration.

1. OWNERSHIP OF SITE CONTENT

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site, including, without limitation, the CAKES Body logo and all designs, graphics, layout, text, button icons, images, audio clips, digital downloads, data compilations, software, trademarks, trade dress, logos, service marks, information, advertising copy, past, present and future versions of the Site, domain names, source and object code and the “look and feel” of the Site ("Site Content") are owned, controlled or licensed by CAKES Body and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, and other laws, rules, regulations, and treaties.

CAKES Body trademarks, service marks, product names, and slogans appearing on the Site belong to CAKES Body. You may not copy, use, or imitate them (including in metatags or hidden text) without our prior written permission. Any other marks shown are the property of their respective owners.

The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, except with the express permission of CAKES Body as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited.

2. YOUR LICENSE TO USE SITE CONTENT

We grant you a limited, personal, non-exclusive, non-commercial, revocable, and non-transferable license to access and view Site Content, provided you comply with these Terms. When you do so, you must:

  • Keep notices intact – leave all copyright and proprietary notices in place.
  • Make no changes – do not modify the Site Content in any way.
  • Don’t reverse-engineer – never copy, decompile, or try to obtain the Site’s source code (or help anyone else do so).

Any other use (such as copying, reposting, creating derivative works, or distributing Site Content) requires our prior written permission. All rights not expressly granted remain with CAKES Body and its licensors. Unauthorized use may breach the law and could result in civil or criminal penalties.

3. PRIVACY

CAKES Body’s collection and use of personal information in connection with your access to and use of the Site or the products or services offered via the Site, including our use of third-party cookies, tags, and other tracking technologies that may be used for analytics, marketing, and targeted advertising purposes, is described in our Privacy Policy at https://cakesbody.com/policies/privacy-policy. By using the Site, you consent to our Privacy Policy and the use of these technologies.

4. REGISTRATION & ACCESS CONTROLS

If you register or submit information on the Site, you must:

  • Provide accurate info – keep your details true and up to date.
  • Protect your login – don’t share, sell, or transfer your account.

Any personal information you submit for registration or other Site interactions is governed by our Privacy Policy at https://cakesbody.com/policies/privacy-policy.

CAKES Body may, in its sole discretion and without notice or liability, suspend or terminate your account, deny access, or discontinue the Site or any feature, except where prohibited by non-waivable law.

You are responsible for obtaining and maintaining all equipment and internet or telephone connections needed to use the Service, and for complying with all applicable laws and regulations governing your use and data transmissions.

5. INFORMATION AND CONTENT YOU SUBMIT

Submission & Non-Confidentiality.

The Site may allow you to post or submit photographs, writings, comments, suggestions, and other materials (“User Content”). Unless another written agreement or our Privacy Policy states otherwise, all User Content is non-confidential, non-proprietary, and will not be returned.

Your Representations.

You agree that you either (a) own the User Content and all rights needed to grant the license in these Terms, or (b) have written permission from the owner(s) to do so. On request, you will provide documentation proving these rights.

License to CAKES Body.

You retain ownership but grant CAKES Body an irrevocable, worldwide, perpetual, transferable, royalty-free license to host, use, copy, adapt, publish, translate, display, perform, distribute, and create derivative works from your User Content in any format or medium, for any purpose. You agree that CAKES Body is free to use any ideas or concepts contained in any User Content for any purposes whatsoever, including, without limitation, developing, manufacturing and marketing products and services, and creating informational articles, without any payment of any kind to you. You authorize CAKES Body to publish your User Content in a searchable format that may be accessed by users of the Service and the internet. This may include User Content that you submit through our accounts on social media websites. You waive all moral rights to the fullest extent allowed, even if such User Content is altered or changed in a manner not agreeable to you.

CAKES Body’s Discretion & Disclaimer.

CAKES Body may edit, refuse, or remove User Content at any time and has no obligation to monitor or compensate you for it. User Content reflects the views of its authors, not CAKES Body. We are not liable for any User Content, including errors, infringement, or loss, and make no promise to respond to, store, or secure it. You acknowledge that CAKES Body may be working on or developing material similar or the same in nature to your User Content and that CAKES Body may have received similar or the same intellectual property rights from another party. CAKES Body owes you no obligation connected to your submissions unless you and CAKES Body enter into a written agreement to that effect. Any discussion or negotiations between you and CAKES Body regarding your submissions does not constitute recognition of the novelty or originality of your User Content.

Internet Risks.

You submit User Content at your own risk; transmissions may be insecure. CAKES Body may already be developing similar ideas and owes you no obligation unless a separate written agreement says otherwise.

Your Responsibility.

You alone are responsible for the accuracy, legality, and rights clearance of your User Content and for complying with all applicable laws when you submit it. You agree that CAKES Body has no obligation to monitor or enforce your intellectual property rights to your User Content but has the right to protect and enforce its and its licensees’ rights to your User Content.

6. UNSOLICITED IDEAS

CAKES Body does not accept unsolicited ideas, proposals, or creative materials (“Unsolicited Submissions”). If you still send any:

Automatic License.

You grant CAKES Body and its affiliates a worldwide, perpetual, irrevocable, royalty-free, transferable, and sub-licensable right to use, modify, publish, distribute, display, perform, create derivatives of, and otherwise exploit the submission—and your name, voice, or likeness associated with it—for any purpose, in any medium, without credit or compensation.

No Obligations.

CAKES Body may discard or ignore your submission, is not required to post or use it, and owes you no duty of confidentiality, review, or payment.

Similar Work & IP.

CAKES Body may already be developing similar material; CAKES Body owes you no obligation to your Unsolicited Submission unless you and CAKES Body enter a written agreement to that effect. Any discussion or negotiations between you and CAKES Body regarding your Unsolicited Submission does not constitute CAKES Body’s recognition of the novelty or originality of your Unsolicited Submission. If your Unsolicited Submission is subject to protection under intellectual property rights laws, you are responsible for seeking and securing any such protection that may be available to you. CAKES Body has no duty to enforce or monitor your rights.

Moral-Rights Waiver.

To the fullest extent permitted by law, you waive any moral or comparable rights in the submission.

By sending an Unsolicited Submission, you acknowledge and agree to these terms.

7. ACCEPTABLE USE POLICY

You alone are responsible for your online and offline interactions with other users. CAKES Body is not liable for user conduct but may, without obligation, monitor or intervene in disputes. Use common sense when sharing personal information.

When you contribute, upload, or otherwise provide User Content to the Site, you agree to comply with the following rules:

  • Own or Have Permission – Submit only original content or content you have full rights to use, including consent from anyone depicted.
  • Respect Privacy & IP – No photos of others without consent, no third-party logos, trademarks, or copyrighted material. Your User Content should not contain any visible logos, phrases or trademarks or other third-party materials. Do not use any User Content that belongs to other people and pass it off as your own. This includes any content that you might have found elsewhere on the internet.
  • Stay Relevant & Respectful – Keep posts on-topic; no harassment, hateful, defamatory, obscene, or explicit material.
  • No Commercial or Illegal Content – No ads, promotions, or content that encourages violence or unlawful activity; CAKES Body may report violations to the proper governmental authorities.
  • Be Truthful – Don’t impersonate, mislead, or provide false, fraudulent, or deceptive information. You may not use a false e-mail address or otherwise mislead us or third parties as to the origin of any User Content.
  • Public Forum Awareness – Anything you post is publicly viewable; share personal details only at your own risk. Your User Content may not reveal another person's address, phone number, email address, credit card number or any information that may be used to track, contact, or impersonate that individual or that is extremely personal in nature.
  • Protect the Platform – Do not upload malware, spyware, or any code that could harm the Site or users’ devices.

In cases where you feel threatened or believe someone else is in danger, you should contact your local law enforcement agency immediately.

8. REPORTING COPYRIGHT AND OTHER INTELLECTUAL PROPERTY VIOLATIONS

Do not use the Site in any way that infringes third-party rights. If you, as the intellectual-property owner (or an authorized agent), in good faith believe content on the Site violates your copyright, trademark, or other IP, please report it using the procedure below.

In accordance with the Digital Millennium Copyright Act (“DMCA”), CAKES Body has designated an agent to receive copyright-infringement notices and follows the DMCA’s notice-and-takedown procedure. If you believe material on the Site infringes your copyright, send our DMCA agent a written notice containing:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed Identification (or representative list) of the copyrighted work(s) claimed to be infringed.
  • Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site.
  • Identification of the material that is claimed to be infringing or to be the subject of infringing activity and information reasonably sufficient to permit us to locate the material.
  • Information reasonably sufficient to permit us to contact the complaining party.
  • A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Non-Copyright Claims. To report content that infringes rights other than copyright, send CAKES Body a notice containing:

  • Your physical or electronic signature and proof of authority to act for the rights owner.
  • Clear identification of the allegedly infringing material and where it appears on the Site.
  • A concise explanation of the rights you hold and why the content infringes them.
  • Your accurate contact information.

CAKES Body will review and address complaints in its discretion.

Send all copyright or other rights-infringement notices to CAKES Body’s designated agent:

Name: COPYRIGHT AGENT, CAKES BODY LLC

Mailing Address:
Attn: DMCA Complaint
CAKES Body
1801 Century Park, FL 24
Los Angeles, CA 90067
(847) 778-2350

NOTE: This contact information is for inquiries regarding potential copyright and other infringement only.

Repeat-Infringer Policy & Dispute Handling. CAKES Body may terminate accounts it reasonably deems “repeat infringers.” Because infringement claims can be complex, we may seek additional information before removing content. If ownership is disputed, we may temporarily remove both your material and the allegedly infringing content pending resolution. You will be notified if your content is taken down based on a third-party rights complaint.

9. SOCIAL DISTRIBUTION

We may let you share certain Site Content, such as forwarding it to friends or posting it on third-party sites, through tools we provide or with our written permission. When you share, you must:

  • Keep it personal – use the Content only for non-commercial, personal purposes.
  • No endorsements – don’t claim CAKES Body approves of or is affiliated with your posts.
  • Speak for yourself – make no statements on CAKES Body’s behalf.

We reserve the right to revoke our permission for Social Distribution at any time and for any reason and you agree to immediately cease Social Distribution upon notice of revocation and to comply with any terms we post in connection with the Social Distribution of Site Content.

10. ACCURACY, COMPLETENESS, TIMELINESS OF INFORMATION

The Site is provided for general information. Site Content may be incomplete, outdated, or changed without notice. We have no obligation to update materials, and you should verify information with primary sources before relying on it. Your use of, or reliance on, Site Content is at your own risk. Although CAKES Body uses reasonable efforts to maintain the accuracy and currency of the content of the Site, CAKES Body makes no warranties or representations as to its accuracy or currency, as further described under Disclaimer of Warranties.

11. THIRD-PARTY LINKS & CONTENT

There may be links from the Site, or from communications you receive from CAKES Body, to third-party websites or online features. The Site also may include third-party content that we do not control, maintain or endorse.

Neither CAKES Body nor its service providers are responsible for the practices of any third party. Your correspondence and business dealings with third parties found through the Site including, without limitation, the payment and delivery and returns of products and services, and any terms, conditions, warranties and representations associated with any such dealings, are solely between you and the third party. You acknowledge and agree that CAKES Body is not liable for any loss or damage which may be incurred by you as a result of your interaction with any third party.

12. LINKING POLICY

CAKES Body grants you a revocable, non-exclusive right to link to the Site provided that the link:

  • No Framing – Does not frame, mirror, or create a border around any Site Content.
  • No Implied Endorsement – Does not suggest CAKES Body sponsorship or endorsement without prior written consent.
  • No Disparagement – Does not present false, harmful, or disparaging information about CAKES Body or its products/services.
  • No Unauthorized Marks – Does not use any CAKES Body trademarks without written permission.
  • No Objectionable Content – Does not appear on pages CAKES Body considers offensive, controversial, or otherwise objectionable (in CAKES Body’s sole opinion).
  • Proper Control – Is placed only on sites you own/control or have authority to link from under these Terms.

By linking, you accept these conditions. CAKES Body may withdraw linking permission at any time for any reason.

13. PROMOTIONS

Sweepstakes, contests, or similar promotions on the Site are governed by their own rules, including eligibility criteria such as age or location. It is your responsibility to review those rules and confirm you meet all requirements before entering or participating.

14. DISCLAIMER OF WARRANTIES

To the fullest extent permitted by applicable law, the Site and materials on the Site are provided “as is”, “as available” and “with all faults.” To the fullest extent permitted by applicable law, CAKES Body, Cakes International UK Ltd., and its affiliated entities, partners, service providers, consultants, vendors and the directors, officers, employees and agents or other representatives of each of them (collectively, the "CAKES Body Parties"):

  • Disclaim all representations, warranties, endorsements, or conditions of any kind whatsoever, express or implied in connection with the Site and Site Content, Unsolicited Submissions, and/or security associated with the transmission of information to CAKES Body or via the Site, including (but not limited to) any implied warranty of merchantability, merchantable quality, fitness for a particular purpose, durability, title, custom, trade, quiet enjoyment, non-infringement, system integration, and freedom from computer virus.
  • Do not represent or warrant that the Site (or Site Content) will be uninterrupted, timely, secure, or error-free or that the Site or its server is free of viruses or other harmful components; that defects will be corrected; or that the Site or the server that makes the Site available is free from harmful components, including, without limitation, viruses. You agree that from time to time we may disable the Site for indefinite periods of time or shut down the Site at any time, without notice to you.
  • Do not represent or warrant that the information (including any instructions) on the Site is accurate, complete, or reliable.

By using the Site, you represent that your activities are lawful in every jurisdiction where you access it.

Unless required by law, and only to the extent required by law, we are not a party to, and do not monitor, any transaction between users and third-party providers of products or services. The CAKES Body Parties do not endorse and are not responsible for Unsolicited Submissions.

15. LIMITATION OF LIABILITY; WAIVER

To the maximum extent permitted by applicable law, and except in relation to any non-waivable statutory rights, you agree that under no circumstances will the CAKES Body Parties be liable to you or anyone else for indirect, economic, special, incidental or consequential loss or damages related to: (a) the Site or the Site Content; (b) User Content; (c) your use of any products or services purchased from the Site; (d) your use of, inability to use, or the performance of the Site; (e) action taken in connection with an investigation by the CAKES Body Parties or law enforcement authorities regarding your use of the Site; (f) action taken in connection with copyright or other intellectual property owners; (g) any errors or omissions in a Site's technical operation; or (h) any damage that results from events beyond our reasonable control, such as damages to any user's computer, mobile device, or other equipment or technology including, without limitation, damage from any security breach or from any virus, bugs, tampering, fraud, error, omission, interruption, defect, delay in operation or transmission, computer line or network failure or any other technical or other malfunction, including, without limitation, damages for lost profits, loss of goodwill, loss of data, work stoppage, accuracy of results, or computer failure or malfunction, even if foreseeable or even if the CAKES Body Parties have been advised of or should have known of the possibility of such damages. However, in no event will the CAKES Body Parties total liability to you for all damages, losses or causes or action, except those in relation to any non-waivable statutory rights, exceed the lesser of the amount paid by you, if any, to CAKES Body for (a) product(s) or service(s) purchased through the Site or ten united states dollars ($10.00). The prior limitation on damages is not intended to limit the CAKES Body Parties’ obligation to pay prevailing party costs or fees if recoverable pursuant to applicable law. The limitations set forth in this section will not limit or exclude the CAKES Body Parties’ liability for personal injury or property damage caused by CAKES Body Parties, or for the CAKES Body Parties’ gross negligence, fraud or intentional, willful, malicious or reckless misconduct.

You agree that in the event you incur any damages, losses or injuries that arise out of any of the CAKES Body Parties’ acts or omissions, the damages, if any, caused to you are not irreparable or sufficient to entitle you to an injunction preventing any exploitation of any website, property, product, service, or other content owned or controlled by the CAKES Body Parties, and you will have no rights to enjoin or restrain the development, production, distribution, advertising, exhibition or exploitation of any website, property, product, service, or other content owned or controlled by the CAKES Body Parties.

By accessing the Site, you understand that you may be waiving rights with respect to claims that are at this time unknown or unsuspected, and in accordance with such waiver, you acknowledge that you have read and understand, and expressly waive, the benefits of section 1542 of the Civil Code of California, and any similar law of any state or territory, which provides as follows:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

16. INDEMNIFICATION

To the fullest extent permitted by applicable law, you agree to defend, indemnify and hold the CAKES Body Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys' fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your User Content; (b) your use of the Site or activities in connection with the Site; (c) your breach or anticipatory breach of these Terms or any Additional Terms; (d) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (e) information or material transmitted through your computer, even if not submitted by you, that infringes, violates or misappropriates any copyright, trademark, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (f) any misrepresentation made by you; or (g) the CAKES Body Parties' use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and CAKES Body.

You will cooperate as fully required by the CAKES Body Parties in the defense of any claim. The CAKES Body Parties reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the CAKES Body Parties.

17. PURCHASE TERMS

The Site may offer products for sale and your transaction may be subject to additional sales terms and policies (which will be considered Additional Terms for purposes of these Terms).

Prices, Availability & Service Changes.

Prices, fees, taxes, products, and services may be changed or discontinued at any time without notice. CAKES Body may refuse service to anyone, for any reason, at any time.

Taxes & Fees.

You agree to pay all applicable fees and taxes. CAKES Body may collect and remit sales tax where required. Otherwise, you are solely responsible for all sales taxes, or other taxes such as on orders shipped to you.

Order Limits & Cancellations.

CAKES Body may limit, cancel, or refuse any order (including reducing quantities) in its sole discretion. We will try, but are not obligated, to notify you using your account contact details.

Information & Display Accuracy.

While CAKES Body has tried to accurately display the colors, dimensions, and other characteristics of the products on the Site, the actual colors and other characteristics you see may depend on your computer, monitor, and/or other variations and may vary accordingly. Product descriptions, availability, colors, dimensions, and other details are provided “as is” and may be outdated or vary by device. CAKES Body has no duty to update site information except as required by law.

Pricing Errors.

If a product or service is listed with incorrect price or details, CAKES Body may cancel or refuse the order and credit any charges already made (booking fees and applicable tax on those fees are non-refundable). In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. Refund timing depends on your financial institution, and often could take up to 5-7 business days for the amount to be returned.

Order Acceptance.

An order confirmation is not CAKES Body’s acceptance. We may require verification before accepting any order, and acceptance occurs only when we ship, provide, or otherwise expressly accept. If permitted by applicable law, CAKES Body reserves the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item if you purchased a product. CAKES Body may require additional verifications or information before accepting any order.

Payment Authorization.

By submitting an order you confirm you are authorized to use the chosen payment method and authorize CAKES Body (directly or via third-party processors) to charge the full amount, including taxes. Invalid or unverifiable payment methods may result in suspension or cancellation. We may use one or more third parties to process your payment information when you make a purchase on or are entitled to receive a payout through the Site. The payment processor may depend on the payment method you select. Additional terms and conditions imposed by the third party processor may apply.

Chargebacks.

You agree not to initiate chargebacks. If you do, CAKES Body may cancel orders, terminate your account, and recover the chargeback amount plus associated costs by any lawful means (including recharging your payment method or collections). Report suspected fraud to CAKES Body for prompt resolution.

Shipping.

For information about shipping, please see our Shipping Policy here: https://cakesbody.com/policies/shipping-policy, which is incorporated into these Terms.

Refunds.

For information about returning any products and refunds, please see our Refund Policy here: https://cakesbody.com/policies/refund-policy, which is incorporated into these Terms.

18. COMMUNICATIONS

The communications between you and us use electronic means, including emails, posted notices on the Site, or other forms of electronic communications. You agree that we may send communications in electronic form and that all communications we provide to you electronically, including terms and conditions, agreements, notices, and disclosures, satisfy any legal requirement that such communications would satisfy if it were to be provided in paper or other non-electronic format. The foregoing does not affect your statutory rights.

If you have opted in to receive marketing communications or other elective communications from us, you may choose to opt out at any time following the instructions relevant to such form of communication. Please note that even if you opt out, we will still send you account-related emails.

19. TERMINATION

We may suspend or terminate your access to the Site, immediately and without notice, at our discretion where permitted by law. We may also investigate suspected violations of these Terms and refer them to law enforcement. Upon termination of your access to the Site, or upon demand from CAKES Body, all rights granted to you under these Terms will cease immediately, and you agree that you will immediately discontinue use of the Site.

CAKES Body also reserves the right to modify, withdraw, suspend, or discontinue in whole or in part (temporarily or permanently, at any time, and with or without notice) any Site Content or discontinue and cease operation of any Site in its entirety.

20. LOCATION OF THE SITE AND TERRITORIAL RESTRICTIONS

CAKES Body operates the Site from the United States. Content is not intended for distribution or use where it would violate law or subject CAKES Body to registration or other obligations. CAKES Body may, at any time and in its sole discretion, restrict or limit the Site (or any part, product, or feature) to specific persons, regions, or jurisdictions, and may cap quantities offered.

21. ARBITRATION (“ARBITRATION AGREEMENT”)

Applicability of Arbitration Agreement.

You agree that any dispute or claim relating in any way to your access or use of the Site, to these Terms, or to any aspect of your relationship with CAKES Body will be resolved by binding arbitration, rather than in court, except that (1) you may assert claims in small claims court if your claims qualify, so long as the matter remains in such court and advances only on an individual (non-class, non-representative) basis; and (2) you or CAKES Body may seek equitable relief in court for infringement or other misuse of intellectual property rights (such as trademarks, trade dress, domain names, trade secrets, copyrights, and patents). You agree that you must commence any arbitration or other claim within one (1) year after the dispute arises, otherwise the claim is permanently barred, which means that you will no longer have the right to assert a claim regarding the dispute. This Arbitration Agreement will apply, without limitation, to all claims that arose or were asserted before the effective date of these Terms or any prior version of this Arbitration Agreement.

If you agree to arbitration with CAKES Body, you are agreeing in advance that you will not participate in or seek to recover monetary or other relief in any lawsuit filed against CAKES Body alleging class, collective, and/or representative claims on your behalf. Instead, by agreeing to arbitration, you may bring your claims against CAKES Body in an individual arbitration proceeding (except for any Batch Arbitration, as described below). If successful on such claims, you could be awarded money or other relief by an arbitrator. You acknowledge that you have been advised that you may consult with an attorney in deciding whether to accept this agreement, including this Arbitration Agreement.

The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement.

Process.

To begin a claim, you must first send a letter describing your claim in detail, including your name and contact information, your legal claim, the specific facts giving rise to your claim. Your letter must include the date(s) and amount(s) of any relevant transaction or interaction with us and your requested relief. The letter must be sent to Attn: Legal Department, CAKES Body, 1801 Century Park East, FL 24 Los Angeles, CA 90067. You and we agree to attempt in good faith to negotiate an informal resolution of your claim. If a resolution is not reached within sixty (60) days, you may commence an arbitration action as set forth herein. Subject to the arbitration provider's rules, your demand for arbitration must clearly identify the claimant, the claimant's legal claims and specific requested relief and, if filed by legal counsel, proof of express authorization by the claimant to file the arbitration demand submitted with the arbitration demand. The arbitration will be conducted by JAMS, an established alternative dispute resolution provider. Unless you and CAKES Body agree otherwise, the arbitration will be conducted in the City and County of Los Angeles, California.

Disputes involving claims and counterclaims under $250,000, not inclusive of attorneys' fees and interest, will be subject to JAMS's most current version of the Streamlined Arbitration Rules and procedures available at http://www.jamsadr.com/rules-streamlined-arbitration/; all other claims will be subject to JAMS's most current version of the Comprehensive Arbitration Rules and Procedures, available at http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS's rules are also available at www.jamsadr.com or by calling JAMS at 800-352-5267. If JAMS is not available to arbitrate, the parties will select an alternative arbitral forum. If your claim is for $10,000 or less, we agree that you may choose whether the arbitration will be conducted by telephone, based solely on written submissions, or by in-person hearing as established by the JAMS rules. CAKES Body will be entitled to make an offer of judgment in the arbitration proceeding. If the offer of judgment is not accepted, and the award is not more favorable than the unaccepted offer, you will be solely responsible for all costs incurred by CAKES Body after the offer of judgment is made to the extent permitted by applicable law. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

Fees.

If the arbitrator finds that you cannot afford to pay JAMS's filing, administrative, hearing and/or other fees, and you cannot obtain a waiver from JAMS, CAKES Body will pay them for you. If the arbitrator determines the claims are frivolous, you agree to pay CAKES Body’s attorneys' fees and costs in the arbitration, to the extent permitted by applicable law.

Authority of Arbitrator.

The arbitrator, and not any federal, state or local court or agency will have exclusive authority to resolve any dispute related to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to, any claim that all or any part of this Arbitration Agreement is void or voidable. The arbitration will decide the rights and liabilities, if any, of you and CAKES Body. The arbitration proceeding will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim. The arbitrator will have the authority to award monetary damages and to grant any non-monetary remedy or relief available to an individual under applicable law, the arbitral forum's rules, and these Terms (including the Arbitration Agreement). The arbitrator will issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and us.

Waiver of Jury Trial.

You and CAKES Body hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury. You and CAKES Body are instead electing that all claims and disputes will be resolved by arbitration under this Arbitration Agreement, except as specified in (a) of this Arbitration Agreement above. An arbitrator can award on an individual basis the same damages and relief as a court and must follow this Arbitration Agreement as a court would. However, there is no judge or jury in arbitration, and court review of an arbitration award is subject to very limited review.

Waiver of Class or Consolidated Actions.

Except with respect to Batch Arbitration (as defined below), all claims and disputes within the scope of this Arbitration Agreement must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and claims of more than one customer or user cannot be arbitrated or consolidated with those of any other customer or user. In the event that this subparagraph is deemed invalid or unenforceable neither you nor we are entitled to arbitration and instead claims and disputes will be resolved in a court as set forth in the "Governing Law and Venue" section below.

You and CAKES Body agree that, in the event that there are fifty (50) or more individual requests for arbitration of a similar nature filed against CAKES Body within an approximately (60) sixty-day period (or otherwise in close proximity) regardless of the state(s) in which such claims are filed, JAMS will administer all such similarly situated arbitration demands on a collective basis as a single, consolidated arbitration (subject to a single set of fees, proceeding schedule, and, if required, hearing) before a single arbitrator in accordance with the requirements outlined elsewhere in this section, provided that -- in the event that the arbitrator deems it impracticable or inequitable to administer all such claims collectively in a single arbitration -- (s)he may group demands for arbitration into groups of not fewer than fifty (50) matters, plus a remainder group as needed (or as otherwise deemed by the arbitrator to be practicable, equitable, and in best keeping with the spirit of this provision) and arbitrate each group of matters as a single, consolidated arbitration (either structure a "Batch Arbitration"). You and CAKES Body agree (1) to work with JAMS in good faith to facilitate the resolution of disputes on a Batch Arbitration basis and (2) that requests for arbitration are of a "similar nature" if they arise out of the same event, agreement, or factual scenario and raise the same or similar legal issues and seek the same or similar relief. Disagreements over the applicability of this Batch Arbitration process will be settled in a single, consolidated arbitration proceeding that includes all affected parties and is resolved by a single arbitrator subject to the requirements of this section. This Batch Arbitration provision shall in no way be interpreted as authorizing a class or collective arbitration or action of any kind, or any suit or arbitration involving joint or consolidated claims, under any circumstances other than those expressly set forth in this section.

30-Day Right to Opt-Out.

You have the right to opt out of the provisions of this Arbitration Agreement by sending written notice of your decision to opt out by providing us written notice to: Attn: Legal Department, CAKES Body, 2108 N St Ste N Sacramento, CA 95816-5712 within 30 days after you first access the Site. Your notice must include your name and address, your username (if any), the email address you used to set up your account (if you have one), and an unequivocal statement that you want to opt out of this Arbitration Agreement. If you opt out of this Arbitration Agreement, all other parts of these Terms will continue to apply to you. Opting out of this Arbitration Agreement has no effect on any other arbitration agreements that you may currently have, or may enter in the future, with us.

Severability.

If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable, then such specific part or parts will be of no force and effect and will be severed and the remainder of the Arbitration Agreement will continue in full force and effect.

Survival of Agreement.

This Arbitration Agreement will survive the termination of your relationship with CAKES Body.

Modification.

Notwithstanding any provision in these Terms to the contrary, we agree that if CAKES Body makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice to CAKES Body.

22. GOVERNING LAW AND VENUE

These Terms and any Additional Terms are governed by the laws of California, excluding its conflict-of-law rules, except to the extent that terms of service are affected by mandatory provisions of applicable law.

Except as otherwise provided in these Terms or applicable Additional Terms, you and CAKES Body may litigate in the courts located in Los Angeles, California to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgment on the award entered by the arbitrator. Any Dispute not subject to arbitration (other than claims proceeding in any small claims court), or where no election to arbitrate has been made, shall be decided by a court of competent jurisdiction within Los Angeles, California, and you and CAKES Body agree to submit to the personal jurisdiction of that court.

23. MISCELLANEOUS

Severability.

If any part of these Terms or applicable Additional Terms is held invalid or unenforceable, that portion of the Terms or Additional Terms will be construed in a manner to reflect, as nearly as possible, the original intention of the parties consistent with applicable law, and the remaining portions will remain in full force and effect.

Waiver.

Any failure on the part of CAKES Body to enforce any provision of these Terms or any applicable Additional Terms will not be considered a waiver of our right to enforce such provision.

Force Majeure.

CAKES Body will not be liable for any delay or failure to perform, resulting from causes outside its reasonable control, including, but not limited to, acts of God, epidemic, pandemic, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

Assignment.

We may assign or delegate these Terms, Additional Terms, and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms, Additional Terms, or Privacy Policy without our prior written consent, and any unauthorized assignment and delegation by you is void.

Entire Agreement.

These Terms together with any applicable Additional Terms represent the final, complete, and exclusive statement of the agreement between us with respect to the subject matter hereof and supersede and merge all prior discussions between the parties with respect to such subject matter. As used in these Terms, "including" means "including without limitation."

24. OUR RIGHT TO UPDATE THESE TERMS

To the maximum extent allowed by applicable law, we may revise these Terms at any time by posting the updated version on the Site (e.g., via a link on the home page). Unless a later effective date is stated, changes take effect upon posting and govern all future use of the Site. Your continued use, or any other action we specify, after posting constitutes acceptance. We encourage you to review the Terms periodically.

25. CONTACT US

If you have any questions regarding these Terms, Additional Terms, and/or our Privacy Policy, please contact us at contact@cakesbody.com.