|TERMS OF SERVICE
Last Revised: April 14, 2010
PLEASE READ THIS TERMS OF SERVICE AGREEMENT CAREFULLY BEFORE USING THIS SITE.
CookieZenTM welcomes you to our web site located at www.cookiezen.com. The goal of the website is to provide access to our wide selection of fresh baked cookies, gift products, and services. CookieZen, LLC ("CZ" "we," "us") provides this web site, and all site-related services (collectively, the "Site") subject to your compliance with the terms and conditions set forth in this agreement (the "Agreement"). "Client", “You,” and “Your” refers to you, the person accessing this website and accepting the Company’s terms and conditions. This Agreement governs the relationship between CookieZen and you with respect to your use of the Site. It is important that you carefully read and understand the terms and conditions of this Agreement so you will know what you can expect from us and what we expect from you.
Note: You must be 18 years or older to use, subscribe, or register as a member of CookieZenTM.
The company’s brand includes the following trademarks:
- Cookies & CorksTM
We reserve the right at any time to:
- Change the terms and conditions of this Agreement; and
- Change the Site, including eliminating or discontinuing any content on or feature of the Site.
Any changes to the terms and conditions of this Agreement will be effective immediately upon notice to you, whether provided by a posting on the Site, by electronic mail, or other means. Your continued use of the Site after such notice will be deemed acceptance of the changes. Any changes to the Site shall be effective upon implementation of such change. Except as otherwise provided, any new content on, or features of the Site, shall be subject to this Agreement. Please bookmark this page and review it periodically to make yourself familiar with the most recent version. You can determine when we last updated the Agreement by checking the "Last Revised" date that appears at the top of the page.
This is the entire Agreement between us relating to the subject matter herein and supersedes any and all prior or contemporaneous written or oral Agreements between us with respect to such subject matter. This Agreement is not assignable, transferable, or sublicensable by you except with CookieZen's prior written consent. No waiver by either party of any breach or default hereunder shall be a waiver of any preceding or subsequent breach or default. Any heading, caption, or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof.
Ownership and Restrictions on Use
© CookieZen, LLC. All Rights Reserved. The Site, including any and all related software, data, text, pictures, graphics, images, audio and video clips, logos, icons, and links (collectively, the "Materials"), is owned and operated by CookieZen in conjunction with others pursuant to contractual arrangements, and the Materials (and any intellectual property and other rights relating thereto) are and will remain the property of CookieZen. The Materials and the selection, compilation, collection, arrangement, and assembly thereof are protected by U.S. and international copyright, trademark, and other laws, and you acknowledge that these rights are valid and enforceable. Except as otherwise expressly permitted in this Agreement, you may not copy, reproduce, republish, upload, post, transmit, or distribute Materials or other content or information available on or through the Site in any way without our prior written permission, except you may download and view one copy of such Materials on any single computer for your personal, non-commercial home use, provided you keep intact, without change, such Material and all copyright and other proprietary notices in or on such Material. Modification of the Materials or use of the Materials for any other purpose is a violation of our copyright and other proprietary rights, and is strictly prohibited. You acknowledge that you do not acquire any ownership rights by using the Site or the Materials.
The trademarks, logos, and service marks displayed on the Site (collectively the "Trademarks") are the registered and unregistered trademarks of CookieZen, CookieZen’s licensors and suppliers, and others. The Trademarks owned by CookieZen, whether registered or unregistered, may not be used in connection with any product or service that is not CookieZen's, in any manner that is likely to cause confusion with customers, or in any manner that disparages CookieZen. Unless otherwise expressly granted in this Agreement, nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark without the express written permission of CookieZen, CookieZen's licensors or suppliers, or the third-party owner of any such Trademark. Misuse of any Trademarks is prohibited, and CookieZen will aggressively enforce its intellectual property rights in such Trademarks, including via civil and criminal proceedings.
CookieZen and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Notice and Procedure for Making Claims of Copyright Infringement
CookieZen respects the rights of all copyright holders and has adopted and implemented a policy that provides for the termination of user privileges and membership in appropriate circumstances of users who infringe the rights of copyright holders. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CookieZen the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:
- 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 of the copyright 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 that is to be removed or access to which is to be disabled, 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; and
- 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.
The Company can be contacted for notice of claims of copyright infringement on or regarding this site at the following address:
P.O. Box 2519
Falls Church, VA 22042
Code of Conduct
While using the Site (including participating in any Site-related services), you agree not to:
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to scrape, retrieve, index, "data mine," or in any way reproduce or circumvent the navigational structure or presentation of the Site or its contents; or
- Restrict or inhibit any other visitor from using the Site, including, without limitation, by means of "hacking" or defacing any portion of the Site; Attempt to gain unauthorized access to other computer systems through the Site;
- Use the Site or Materials for any unlawful purpose;
- Express or imply that any statements you make are endorsed by us, without our prior written consent;
- Transmit (a) any content or information that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene, or otherwise objectionable, or infringes CookieZen’s or any third party's intellectual property or other rights; (b) any material, non-public information about companies without the authorization to do so; (c) any trade secret of any third party; or (d) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us);
- Engage in spamming or flooding;
- Transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs, or other items of a destructive nature;
- Modify, adapt, sublicense, translate, sell, reverse engineer, decompile, or disassemble any portion of the Site;
- Remove any copyright, trademark, or other proprietary rights notices contained in the Site or Materials;
- "Frame" or "mirror" any part of the Site without our prior written authorization;
- Harvest or collect information about other Site users without their express consent.
While using the Site and/or Materials, you agree to comply with all applicable laws, rules, and regulations.
License and Site Access
CookieZen grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of CookieZen. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of CookieZen. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, pictures, text, page layout, or form) of CookieZen and our affiliates without express written consent. You may not use any meta tags or any other "hidden text" utilizing CookieZen's name or trademarks without the express written consent of CookieZen. Any unauthorized use terminates the permission or license granted by CookieZen. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of CookieZen so long as the link does not portray CookieZen, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any CookieZen logo or other proprietary graphic or trademark as part of the link without express written permission.
Compliance with Laws and Export Regulations
You agree to use the Content and this Web Site in compliance with all applicable laws, rules and regulations and in a manner that does not, in the sole judgment of the Company, negatively reflect on the goodwill or reputation of the Company or any of its Affiliates.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations, including but not limited to the Export Administration Act and the Arms Export Control Act, and not to transfer, by electronic transmission or otherwise, any Content derived from the Web Site to either a foreign national or a foreign destination in violation of such laws.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. CookieZen does sell products for children, but it sells them to adults, who can purchase with a credit card. If you are under 18, you may use CookieZen only with the involvement of a parent or guardian. CookieZen and its affiliates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion.
You understand and acknowledge that no data transmission over the Internet can be guaranteed to be 100% secure and we cannot guarantee that any personal information you submit to us will be free from unauthorized third party intrusion. You understand and agree that all information you submit to CookieZen is done so at your own risk.
Reviews, Comments, Communications, and Other Content
Visitors may post reviews, comments, and other content; send e-cards and other communications; and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or deemed objectionable by CookieZen and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. CookieZen reserves the right (but not the obligation) to remove or edit such content for any reason, but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant CookieZen and its affiliates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant CookieZen and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify CookieZen or its affiliates for all claims resulting from content you supply. CookieZen has the right but not the obligation to monitor and edit or remove any activity or content. CookieZen takes no responsibility and assumes no liability for any content posted by you or any third party.
Use of Public Forums
A "public forum" means any publicly accessible message board, chat room, discussion group, folder, survey, contest, sweepstakes, user review and rate forum, or other interactive service or promotion on or accessible via the website, and includes both public boards and folders. You must use, subscribe, or register in accordance with instructions that you will find on the website in order to participate or contribute to any public forum. You may not submit or post on any public forum, or send to any other public forum user or our employees, any material that is unlawful, harmful, threatening, abusive, harassing, defamatory, invades a person's privacy, violates any intellectual or other property rights, or is vulgar, obscene, sexually explicit, profane, hateful, racially, ethnically, or otherwise objectionable, including but not limited to any material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law. You agree not to use any false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a communication or other Content, or attempt to do any such acts. You may not use any public forum in a commercial manner. You may not submit or post material that solicits funds, or that advertises or solicits goods or services. You may not submit or post any User Submissions or material that you know, or should have known, to be false. You may not submit or post messages regarding stocks or other securities. You may not submit, post, or transmit any information, software or other material that contains a virus or other harmful component.
CookieZen is not responsible for any user submissions or material appearing in any public forum on the website, except for Content signed by one of our identified authorized representatives. We do not screen User Submissions for libel, obscenity, invasion of privacy, copyright or trademark infringement, accuracy, or for any other reason. We retain, however, the rights set forth elsewhere in the Terms.
Monitoring the Site
We have no obligation to monitor the Site. You acknowledge and agree, however, that we do retain the right to monitor the Site and to disclose any information as necessary or appropriate to satisfy any law, regulation or other governmental request, to operate the Site properly, or to protect ourselves or our users. We will not intentionally monitor or disclose any private electronic-mail message unless required by law. We reserve the right to refuse to post or to remove any information or materials from any portion of the Site, in whole or in part, that, in our sole discretion, are unacceptable, undesirable, inappropriate,is in violation of these Terms Of Service, or for any other reason deemed appropriate by the Company.
When you visit CookieZen or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
You acknowledge and agree that in connection with your use of the Site you must: (a) provide for your own access to the World Wide Web and pay any service fees associated with such access, and (b) provide all equipment necessary for you to connect to the World Wide Web, including a computer, software, a modem, and a working telephone line or other internet connection. CookieZen shall not be responsible for any malfunctions, errors, crashes, or other adverse events that may occur from your use of the Site.
The Site contains links to other Internet web sites, which may or may not be owned or operated by CookieZen. CookieZen has not reviewed all of the web sites that are linked to the Site, and CookieZen may not have control over such sites. Unless otherwise explicitly stated, CookieZen is not responsible for the content of such web sites, or the privacy or other practices of such sites, and the fact that CookieZen offers such links does not indicate any approval or endorsement of any material contained on any linked site. CookieZen is providing these links to you only as a convenience. Accordingly, we strongly encourage you to become familiar with the terms of service and practices of any linked site. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Site or other sites) is free of such items as viruses, worms, trojan horses, defects, date bombs, time bombs, and other items of a destructive nature.
This Agreement shall remain effective until terminated in accordance with its terms. Either party may terminate this Agreement immediately upon notice to the other party. In addition, we reserve the right to immediately terminate this Agreement, and/or your access to and use of the Site or any portion thereof, at any time and for any reason, with or without cause. Upon termination of this Agreement by either party, your right to use the Site and any licenses granted herein shall immediately cease, and you shall destroy all Materials obtained from the Site and all copies thereof, whether made under the terms of this Agreement or otherwise.
The site, the materials on the site, and any product or service obtained through the site are provided "as is" and without warranties of any kind, either express, implied, or statutory. To the fullest extent permissible pursuant to applicable law, CookieZen and its affiliates, licensors, suppliers, advertisers, sponsors, and agents disclaim all warranties, including, without limitation, implied warranties of title, non-infringement, accuracy, merchantability, and fitness for a particular purpose, and any warranties that may arise from course of dealing, course of performance, or usage of trade. Applicable law may not allow the exclusion of implied warranties, so the above exclusions may not apply to you. CookieZen and its affiliates, licensors, suppliers, advertisers, sponsors, and agents do not warrant that your use of the site will be uninterrupted, error-free, or secure, that defects will be corrected, or that the site or the server(s) on which the site is hosted is free of viruses or other harmful components. You assume all responsibility and risk for your use of the site and your reliance thereon. No opinion, advice or statement of CookieZen or its affiliates, licensors, suppliers, advertisers, sponsors, agents, or other Site users, whether made on the site or otherwise, shall create any warranty. All activities undertaken by you in connection with the Site, and your use of the Site and any materials provided through the site are entirely at your own initiative and risk.
CookieZen and its affiliates attempt to be as accurate as possible. However, CookieZen does not warrant that product descriptions or other content of this site is accurate, complete, reliable, current, or error-free. Any pictures provided on the site are used solely for demonstration purposes and CookieZen reserves the right to change the appearance of any product or packaging at any time at their sole discretion. All sales are final. If you believe the product is not as described, your sole remedy is a discount on a future purchase.
Unless otherwise stated, the products featured on this website are only available within the United States, or in relation to postings from the United States. All advertising is intended solely for the United States market. You are solely responsible for evaluating the fitness for a particular purpose of any downloads, programs and text available through this site. Redistribution or republication of any part of this site or its content is prohibited, including such by framing or other similar or any other means, without the express written consent of the Company. The Company does not warrant that the service from this site will be uninterrupted, timely or error free, although it is provided to the best ability. By using this service you thereby indemnify this Company, its employees, agents and affiliates against any loss or damage, in whatever manner, howsoever caused.
Cash or personal check, and all major credit and debit cards are acceptable methods of payment. Payment must be made in full before the product is delivered. All goods remain the property of the Company until paid for in full. Returned checks will incur a $25 charge to cover banking fees and administrative costs. In an instance of a second returned check, we reserve the right to terminate the arrangement and, if agreed to, we shall insist on cash transactions only in the future. Consequently, all bookings and/or transactions and agreements entered into will cease with immediate effect until such time as any and all outstanding monies are recovered in full.
Termination of Agreements and Refunds Policy
Both You and CookieZen have the right to terminate any Services Agreement for any reason. A 100 percent refund shall be offered if the claim is made within 24 hours of the sale. No refunds shall be offered, where a Service is deemed to have begun and is, for all intents and purposes, underway. After 24 hours all sales are final. The remedy for any complaint upon delivery of the product will be a 20 percent discount on your next purchase.
Risk of Loss
All items purchased from CookieZen are made pursuant to a shipment contract. The risk of loss and title for such items passes to you upon our delivery of the goods to the carrier. The purchaser assumes the risk of any loss or damage that occurs while the item is in the hands of the carrier and until the customer receives the goods from the carrier.
Limitation of Liability
Neither CookieZen nor any of our affiliates, licensors, suppliers, advertisers or sponsors, nor our or their directors, officers, employees, consultants, agents, or other representatives, are responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive, or other damages (including, without limitation, damages for loss of business, loss of data, or lost profits), under any contract, negligence, strict liability or other theory arising out of or relating in any way to the site and/or materials contained on the site, any linked site, or any activity, product or service made available through the site. Your sole remedy for dissatisfaction with the site, materials, or any linked site is to stop using the site, materials, or linked site, as applicable. CookieZen's maximum liability to you or any third party for all damages, losses, and causes of action (whether in contract, tort (including, without limitation, negligence), or otherwise, shall be $25.00.
You agree to indemnify, defend, and hold CookieZen, our affiliates, licensors, suppliers, advertisers, and sponsors, and our and their directors, officers, employees, consultants, agents, and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys' fees), and other expenses that arise directly or indirectly out of or from (a) your breach of this Agreement, including any violation of the Code of Conduct, above; (b) any allegation that any materials you submit to us or transmit to the Site, or to other web sites, infringe or otherwise violate the copyright, trademark, trade secret, or other intellectual property or other rights of any third party; and/or (c) your activities in connection with the Site and any Site-related services.
This Agreement is governed by and shall be construed in accordance with the laws of the State of Virginia, without regard to its principles of conflicts of law. You agree to submit to the exclusive jurisdiction of any State or Federal court located in the County of Arlington, Virginia, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Unless otherwise specified, the Site is solely directed to individuals residing in the United States. We make no representation that Materials available on or through the Site are appropriate or available for use in other locations. Those who choose to access the Site from other locations do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable. Unless provided otherwise in the applicable official rules, participation in any contest is limited to individuals who are legal residents of one of the fifty (50) United States or the District of Columbia (specifically excluding Puerto Rico, Guam, and all other U.S. and foreign possessions and territories). We reserve the right to limit the availability of the Site (including the provision of any service or other product described thereon) to any person, geographic area or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such service or product that we provide. Void outside of the eligibility area and where otherwise prohibited by law.
Any dispute relating in any way to your visit to CookieZen or to products you purchase through CookieZen shall be wholly ruled by the Limitation of Liability contained within these Terms. Any further dispute not satisfied by the Limitation of Liability clause shall be submitted to confidential arbitration in Arlington, Virginia, except that, to the extent you have in any manner violated or threatened to violate CookieZen's intellectual property rights, CookieZen may seek injunctive or other appropriate relief in any State or Federal Court in the state of Virginia, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
If any of these terms shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.