PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITE CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITE IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF SERVICE.
License to Use the Site
We grant you a personal, limited, nonexclusive license to access and use the Site, its contents, or any part of them (individually and collectively, the “Site Content”) for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Site except for these express purposes and as expressly allowed by these Terms of Use.
Restrictions on Use
You are responsible for your access or use of the Site. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that your conduct violates applicable law, violates these Terms of Use, or is harmful to our / others interests.
(a) Site Content: Without limitation to these Terms of Use, you may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Site, its contents, or any part of them (individually and collectively, the “Site Content”). Eat Me Cookies expressly retains all right, title and interest in and to the Site Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted by these Terms of Use, any use of the Site Content may violate copyright and/or other applicable laws.
(b) Third Party Content: In addition to the Site Content, the Site may contain information and materials provided by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy notices of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.
(c) Watermarks / Trademark: Eat Me Cookies logo and services marks of Eat Me Cookies shall be construed as granting any license or right to use the Eat Me Cookies Watermark / Trademarks without Eat Me Cookies prior written consent. All trademarks, service marks and logos included on the Sites (“Marks”) are the property of Eat Me Cookies.
(d) No Automated or Non-Human Means of Access: You also may not access or use the Sites through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the Sites for any improper purposes, including without limitation, scraping, harvesting, mining, or other data extraction; and you may not access or use the Sites for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Sites’ operations or interference with access to the Sites through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.
(f) Monitoring of Site Content and use of the Sites: Eat Me Cookies reserves the right, but does not undertake the obligation, to monitor the use of the Sites, and to investigate and take appropriate legal action against any party that uses the Sites in violation of these Terms of Use or applicable law.
User Account Registration
(a) Account Registration and Use License: In order to access and use the Sites (which features may vary depending on the type of account), you can open an account (“User Account”) by registering with Eat Me Cookies. When you register for your User Account, you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current.
(b) Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.
(c) Passwords: Upon registration on the Sites, you will provide Eat Me Cookies with a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify Eat Me Cookies of any suspected or actual unauthorized use of your User Account. You agree that Eat Me Cookies will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.
(d) Termination and Suspension by Eat Me Cookies: Eat Me Cookies may terminate your User Account and/or these Terms of Use at any time and for any reason with or without notice to you. We may also suspend our Service to you at any time, with or without cause. Any termination of your User Account and/or these Terms of Use will have no impact on any pending orders made via the Sites.
Your Messages, Requests, or Other Comments or Content to or for Us
The Sites may provide you with the ability to contact us through e-mail addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.
Notwithstanding anything to the contrary set forth herein or otherwise, Eat are Cookies will have the right to collect and analyze data and other information relating to the provision, use or performance of the Sites and related systems and technologies (including information concerning user data and data derived therefrom), and to aggregate and/or anonymize all such data and information.
If you have any questions regarding privacy, please send an email to info@eatmecookiecakes.com
Limitation of Liability
(a) Indemnification: YOU AGREE TO DEFEND AND INDEMNIFY US FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE AND YOUR USE OF THE SITE, TEXT SERVICES, OR ANY SITE CONTENT.
(A) DISCLAIMER OF WARRANTIES: EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY IN THESE TERMS OF USE, WE PROVIDE THE SITES (INCLUDING WITHOUT LIMITATION ANY AND ALL SITE CONTENT) “AS IS,” WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE SITE AND ANY CONTENT ON IT—INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK IN THE USE OF THE SITES RESTS WITH YOU. MRS. FIELDS SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR RELIANCE ON ANY MATERIAL CONTAINED ON THE SITES. MRS. FIELDS MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITES OR THAT THE SITES WILL BE UNINTERRUPTED, OR THAT THE SITES AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.
(b) Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT MRS. FIELDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITES (OR ANY SITE CONTENT)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF MRS. FIELDS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).
Changes to these Terms of Use
We reserve the right to amend these Terms of Service at our discretion and at any time. When we make changes to these Terms of Service, we will post the new Terms of Use on the Sites. By continuing to access, browse, or otherwise use the Sites, you agree to be legally bound by any such new Terms of Use.
Our Commitment to Accessibility
Eat Me Cookies is committed to accessibility, diversity and inclusion, including making the shopping and service experience available to all of our customers. We strive to make our website accessible and user friendly. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at 440-708-6520or email our team at info@eatmecookiecakes.com.
General
These Terms of Use constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.