Terms of service

You’re A Cookie! Terms of Use

Last updated:  April 29, 2020

 

  •  General Conditions and Definitions
  • This Terms of Use agreement (“Agreement”) describes the terms of your use of the website www.youreacookie.com (“Site”). This Site is owned and operated by You’re A Cookie! LLC, an Illinois limited liability company (referred to hereafter as “we,” “us,” or “You’re A Cookie!”). By accessing or otherwise using this Site you (“you”) agree to be bound by the terms of this Agreement and by the You’re A Cookie! Privacy Policy. If you do not agree with the terms of this Agreement and the Privacy Policy, or are legally unable to agree to these terms, then do not use this Site. Minors under the age of 13 may not use the Site. If you subscribe to You’re A Cookie! emails or blog posts or purchase from the Site, you represent that you are 18 years of age or older or, if under the age of 18, that you have the consent of your parent or legal guardian.

     

  • Updates to Agreement
  • You’re A Cookie! may update or change this Agreement from time to time by posting the revised Agreement on the Site. The revised Agreement is effective immediately upon posting. You agree to be bound by any such revisions and should visit this page to determine the current terms of our Agreement. We will note the date of the last update at the top of the Agreement.

     

  • Site Accessibility and Security
  • You will be responsible for obtaining and maintaining all data lines, computer software and hardware, and other equipment needed to access and use this Site. You understand your content may be transferred unencrypted and involve transmission over multiple networks and changes to conform to technical requirements of connecting networks or devices. You’re A Cookie! will not be liable for any damages to, or viruses that might infect, your computer or other property through your use of this Site. While we intend to make this Site accessible 24 hours per day, 7 days per week, you acknowledge that this Site may be interrupted, suspended, or terminated from time to time for any reason, including interruptions in Internet service that are beyond the control of You’re A Cookie! and Site maintenance. You’re A Cookie! will not be responsible for any data lost during Internet transmissions or your inability to access the Site.

     

  • Links to Third-Party Websites
  • THIS SITE MAY CONTAIN LINKS TO THIRD-PARTY WEBSITES PROVIDED BY OTHER CONTENT PROVIDERS. YOU’RE A COOKIE! EXPRESSLY DISCLAIMS ANY REPRESENTATIONS REGARDING THE CONTENT, QUALITY, OR RELIABILITY OF THIRD-PARTY WEBSITES. YOU SHOULD REVIEW THE APPLICABLE TERMS AND POLICIES, INCLUDING PRIVACY POLICY, OF ANY SITE TO WHICH YOU NAVIGATE FROM THIS SITE. See the You’re A Cookie! Privacy Policy for more information.

     

  • Privacy
  • You’re A Cookie! is committed to protecting the privacy of your information. See You’re A Cookie! Privacy Policy for more information on You’re A Cookie! privacy practices.

     

  • Subscriptions
  • For your convenience, we may offer one or more subscription options for you to receive information from us on our products and services or notices about posts to our blog. You can find information on how to cancel your subscription at the bottom of our emails. 

     

  • Orders
  • This Site contains descriptions of our products. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice. Orders are available for pickup at the site listed on the order page. Our products currently also are available via our pop-up locations. In addition, we are introducing shipping to some locations.

     

  • Pricing and Availability
  • All prices shown are in U.S. dollars and are subject to change without notice. Shipping and handling charges and any taxes are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or part of an order, and to discontinue products without notice, even if you have already placed your order. You agree that taxes may be adjusted from the amount shown on the billing screens. If you live in the State of Washington and if we ship products there, you agree that you will pay the sales tax due on the purchased products to the appropriate authority in the State of Washington. Due to the nature of the Internet, it is not possible for us to restrict access to the Site only to those locations where we do business. Products offered on the Site are not available outside the United States and may not be available to your location in the United States. You should not consider anything on the Site as an offer to sell or as a solicitation to the public to purchase any product from us in a location where such products may not be sold.

     

  • Payment
  • Payment may be made through Shop Pay, Google Pay, or Amazon Pay. You may use only valid credit cards to pay for your order. By submitting your order, you represent and warrant that you are authorized to use the designated card and authorize us to charge your order (including taxes, shipping, handling, and other amounts described on the Site) to that card. If the card cannot be verified, is invalid, or is not otherwise acceptable, your order may be suspended or canceled automatically.

     

  • Shipping and Handling
  • It is your responsibility to ensure the accuracy and completeness of the information you enter on the Site. If you do not enter complete and accurate information, we might not be able to provide you with the products you order. You agree to pay the shipping and any handling charges shown on the Site when you place your order. We reserve the right to change shipping and handling charges from time to time and without prior notice, so please check all charges before placing your order. Any shipping or handling charges may not reflect actual costs. All orders are shipment contracts, not destination contracts. Shipping times shown on the Site, if any, are estimates only, and delivery dates may vary.

     

  • Returns and Exchanges
  • We cannot accept returns or exchanges on cookies or cookie dough. If you wish to return any clothing or swag you purchased, the returned items must be in their original packaging and you must contact us by email at order@youreacookie.com to request a return authorization. If we authorize the return, we will email you a return shipping label, which you must use. For the return to be accepted, you also must return the items within 30 days of their purchase from our Site. If you want to exchange an item, please follow the process stated here for returns and then order a new item. 

     

  • Errors
  • We attempt to be as accurate as possible and eliminate errors on the Site, but we do not warrant that any product, description, photograph, pricing, or other information is complete, current, or error-free. In the event of an error on the Site, we reserve the right to correct such error. 

     

  • Trademarks and Copyrights
  • “You’re A Cookie!” and our logo are trademarks of You’re A Cookie! and all rights in these trademarks are expressly reserved. Everything located on this Site is the exclusive property of You’re A Cookie! or used with the express permission of the copyright or trademark owner. Except as otherwise provided in this Agreement, none of the material may be copied, distributed, downloaded, modified, or displayed in any form or by any means without the prior written permission of You’re A Cookie! or the copyright owner. Permission is granted to access, display, copy, and download the materials on this Site only for your personal use, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. By downloading the material from this Site, you do not acquire any ownership interest or rights to the copyrighted material or our trademark. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes and may subject you to civil and/or criminal penalties.

     

    If you are a copyright owner or owner’s agent and find content on the Site you believe infringes upon your copyright(s), you may submit a notification in accordance with the Digital Millennium Copyright Act to the following address. Upon receipt of proper notice, we will expeditiously remove the infringing content. If we become aware that one of our users is a repeat copyright infringer, it is our policy to take reasonable steps within our power to terminate that user.

     

    Website Manager

    You’re A Cookie!

    5077 N Lincoln Ave

    Chicago IL 60625

    legal@youreacookie.com  

  • Disclaimer of Warranty and Limitation of Liability
  • YOU EXPRESSLY AGREE THAT USE OF THIS SITE IS AT YOUR SOLE RISK. THIS SITE AND ALL INFORMATION AND PRODUCTS DESCRIBED ON THIS SITE ARE PROVIDED BY YOU’RE A COOKIE! ON AN "AS IS" AND "AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED IN WRITING. NEITHER YOU’RE A COOKIE! NOR ANY OF ITS AFFILIATES, EMPLOYEES, AGENTS, OR LICENSORS MAKE ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED AS TO THE OPERATION OF THIS SITE OR THE INFORMATION AND PRODUCTS MADE AVAILABLE TO YOU THROUGH THIS SITE, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. 

     

    YOU’RE A COOKIE! DOES NOT WARRANT THAT THIS SITE OR EMAILS SENT FROM YOU’RE A COOKIE! ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU’RE A COOKIE! WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM YOUR USE OF THIS SITE OR FROM ANY INFORMATION OR SERVICES MADE AVAILABLE THROUGH THIS SITE, INCLUDING ANY DIRECT, SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE AGGREGATE LIABILITY OF YOU’RE A COOKIE!, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE, OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY, OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE PURCHASE OR USE OF ANY PRODUCTS DESCRIBED ON THE SITE WILL NOT EXCEED $100 IN ANY CALENDAR YEAR.

     

    Warranties give you specific legal rights, and you may have other rights, which vary from state to state.

     

  • Indemnification 
  • You agree to defend, indemnify, and hold harmless You’re A Cookie!, its affiliates, respective members, officers, employees, and agents from and against all claims and expenses, including attorney fees, arising out of your use of this Site.

     

  • Electronic Communication
  • You agree to receive communications from You’re A Cookie! in an electronic form and agree that all terms and conditions, agreements, notices, disclosures, and other communication that You’re A Cookie! provides to you electronically satisfy any legal requirement that such communications would satisfy if they were in a writing. Once you become a subscriber to our emails or blog posts, you may receive promotional emails from You’re A Cookie! See You’re A Cookie! Privacy Policy regarding what information we collect from you, how we use that information, and how you can opt out from receiving You’re A Cookie! promotional emails.

     

  • Termination
  • You’re A Cookie! may terminate this Agreement at any time for any reason without prior notice. Without limiting the foregoing, You’re A Cookie! will have the right to terminate immediately your use of the Site if you violate any terms or conditions of this Agreement. The provisions of Sections 13, 14, 15, 18, 19, and 20 will survive termination of this Agreement.

     

  • Dispute Resolution
  • You agree that this Agreement will be interpreted under the laws of the State of Illinois without reference to its conflict of laws provisions. You agree that courts within Cook County in the State of Illinois will have exclusive jurisdiction over all disputes between the parties arising out of or relating to this Agreement. You hereby consent and agree to submit to the jurisdiction of and venue in such courts, waive any argument of inconvenient forum, and waive the right to a jury trial.

     

  • Statute of Limitations
  • You agrees that regardless of any law to the contrary, any claim or cause of action arising out of this Agreement or the purchase of products through the Site must be filed within one (1) year after such a claim or cause of action arose or be forever barred.

     

  • Completeness and Severability
  • This Agreement constitutes the entire Agreement between the parties with respect to the subject matter of the Agreement and supersedes all previous agreements. The failure by You’re A Cookie! to exercise or enforce any right or provision of the Agreement will not constitute a waiver of such right or provision. No waiver by You’re A Cookie! of any breach or default of this Agreement will be deemed to be a waiver of any preceding or subsequent breach or default. The section headings used in this Agreement are for convenience only and are in no way intended to describe, interpret, define, or limit the scope, extent, or intent of this Agreement. If a provision of this Agreement or its application to any person or circumstance will be invalid, illegal, or unenforceable to any extent, the remainder of this Agreement and its application will not be affected and will be enforceable to the fullest extent permitted by law. Any ambiguities in the interpretation of this Agreement will not be construed against the drafting party.

     

  • Contacting Us
  • If you have any questions about this Agreement or its use by you or others, you may contact us at any time by email to legal@youreacookie.com