Terms & Conditions
Last Updated: January 1, 2021
Part One has terms appliable to all website visitors and users. Part Two has additional Terms of Sale applicable to users making purchases on the Website. Part One and Part Two are collectively referred to as the “Terms.”
PART ONE: TERMS APPLICABLE TO ALL WEBSITE VISITORS AND USERS
1. Terms and Acceptance of Terms
Some programs and promotions offered by Carol’s Cookies are provided through the use of third-party suppliers and service providers. If you join, enroll, register, pre-register, or otherwise take part in a program or promotion, you agree to be bound by the terms and conditions of such program or promotion, in addition to the terms, and all terms incorporated by reference.
The Terms contain a mandatory arbitration provision that requires the use of arbitration on an individual basis and limits the remedies available to you in the event of certain disputes.
The Website is hosted on Cloudways.com (“Host”). Host provides us with the online e-commerce platform that allows us to sell our products (“Products”) to you and provide the Services to you. The terms of service contained at Terms of Service | Cloudways apply to your use of this Website.
2. Updates to Terms and Information on Website
Carol’s Cookies may update the Terms at any time without notice to you, and the updated Terms will be posted on this page or a similar page of the Website. You can determine when the Terms were last revised by referring to the “Last Updated” legend at the top of the Terms. It is your responsibility to review the Terms each time you use the Website. By continuing to use the Website, you consent to any updated Terms.
Carol’s Cookies has made and continues to make reasonable efforts to represent accurate and up-to-date information on the Website. However, it is possible that information provided and certain features may not be accurate or up-to-date. Company reserves the right to correct any errors or omissions on the Website and to change or update information on the Website at any time and without any notice, including any errors or omissions relating to product descriptions, pricing, product availability, and we apologize for any inconvenience resulting from our reserved right to cancel any product order or refusal to accept any product order based on incorrect or incomplete information.
3. Eligibility to Use the Website
The Website is not targeted toward or intended for use by anyone under the age of 18. By using the Website, you represent and warrant that you (a) are 18 years of age or older and (b) are a legal resident of the United States and are located in the United States when you access the Website.
To use the Website and order products offered on the Website (“Products”) you must be 18 years of age or older. If you are under the age of 18, you should only order Product with the involvement of a parent or legal guardian.
The Website is operated and controlled in the United States, and Company does not represent or warrant that the Website or any materials are appropriate or available for use in any location outside of the United States, and anyone who accesses the Website from outside of the United States does so at their own risk and is solely responsible for complying with all applicable laws and regulations. You acknowledge that Carol’s Cookies, in its sole discretion, may terminate access to the Website at any time and will have no liability to you if your ability to access the Website is terminated or if the Website is discontinued.
4. Registration, Account; Your Information; Investigation
Your privacy and the protection of your data on the internet are extremely important to us. Company has taken reasonable steps to protect your information transmitted over the Website from improper use; however, you acknowledge and agree that despite Company’s best efforts, transmitting data on the internet has inherent risk. By using the Website, you accept the risk inherent in transmitting personal data over the internet.
b) Your Information. During the registration process, you will be asked to select a username and password. Carol’s Cookies, in its sole discretion, may refuse to grant you for any reason a username, including, by way of example only, any username that belongs to or is being used by another person, is vulgar or otherwise offensive, or may cause confusion. You will not transfer or resell your use of or access to the Website to any third party. It is your responsibility to maintain the accuracy and confidentiality of all your personal information requested by the Website during the registration process. You are responsible for all activity (including, without limitation, purchases) that occurs under your registered account, and you agree to immediately notify company about any unauthorized use of your account or if any of your personal information has been compromised. Carol’s Cookies will have no liability for any loss or damage arising as a result of an unauthorized party using your personal information to access your registered account, and Carol’s Cookies is not responsible for any delay in shutting down your account after you have reported to Carol’s Cookies any breach of your account.
c) Investigation. You further understand and agree that Carol’s Cookies may take actions we deem reasonably necessary to prevent, respond to, pursue or remedy suspected or actual fraud and abuse, including without limitation, termination or suspension of your Website account. You will defend and hold harmless all Carol’s Cookies Parties from any claims resulting from any action taken by any Carol’s Cookies Parties or law enforcement authorities during or as a result of its investigations.
5. Disclaimer of Warranties
COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE AVAILABILITY, USE, TIMELINESS, SECURITY, VALIDITY, ACCURACY OR RELIABILITY OF, OR THE RESULTS OF THE USE OF, OR OTHERWISE RESPECTING, THE CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES LINKED TO OR FROM THE WEBSITE, OR ABOUT THE PRODUCTS OR SERVICES. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PHONE, COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL, OR USE OF THE WEBSITE. THE CONTENT AND INFORMATION ON THE WEBSITE AND THE PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS” AND ON AN “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT POSSIBLE UNDER APPLICABLE LAW, COMPANY DISCLAIMS AND EXCLUDES ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR OTHER VIOLATION OF RIGHTS, IRRESPECTIVE OF ANY COURSE OF DEALING OR PERFORMANCE, CUSTOM OR USAGE OF TRADE. YOU BEAR THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE WEBSITE AND THE INFORMATION CONTAINED HEREIN. COMPANY DOES NOT WARRANT THAT THE WEBSITE, ANY INFORMATION OR ANY OTHER SOFTWARE ACCESSED FROM THE WEBSITE WILL BE UNINTERRUPTED, THAT THAT THEIR USE OR OPERATION WILL BE ERROR OR DEFECT FREE, THAT ANY DEFECTS WILL BE CORRECTED, THAT THEY WILL PROPERLY OPERATE ON ANY SPECIFIC BROWSER OR COMPUTER, OR THAT THE WEBSITE OR ANY OTHER WEBSITE LINKED TO THE WEBSITE, THEIR SERVERS, OR ANY EMAIL SENT FROM COMPANY IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. SOME STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
6. Limitation of Liability
CAROL’S COOKIES PARTIES WILL NOT BE LIABLE FOR ANY CLAIMS, CLAIMS FOR RELIEF, DEMANDS, OBLIGATIONS, JUDGMENTS, ACTIONS, CAUSES OF ACTION, CHARGES, EXPENSES, OR COSTS OF ANY KIND OR DESCRIPTION WHATSOEVER, IN TORT (INCLUDING NEGLIGENCE), CONTRACT, EQUITY, STATUTORY, WARRANTY, STRICT LIABILITY, OR OTHERWISE, OR ANY DAMAGES OF ANY KIND ARISING OUT OF OR RELATING TO THE PURCHASE OR USE OF ANY PRODUCTS OR SERVICES OFFERED THROUGH THE WEBSITE OR THE USE OR INABILITY TO USE THE WEBSITE, ITS CONTENT OR LINKS, INCLUDING BUT NOT LIMITED TO, DAMAGES CAUSED BY OR RELATED TO ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, LINE FAILURE, AND ALL OTHER ACTUAL, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES, PERSONAL INJURY AND WRONGFUL DEATH, LOST PROFITS, TAX CONSEQUENCE, OR ANY DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION, EVEN IF COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR WAS ON NOTICE OF THE POTENTIAL FOR SUCH DAMAGES PRIOR TO THE OCCURRENCE OF DAMAGE. CAROL’S COOKIES PARTIES WILL NOT BE LIABLE FOR ANY OFFENSIVE, DEFAMATORY OR ILLEGAL CONDUCT OF ANY USER OF THE WEBSITE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. NOTWITHSTANDING THE FOREGOING, THE CAROL’S COOKIES PARTIES’ TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO THOSE BASED ON CONTRACT, TORT OR OTHERWISE, ARISING OUT OF YOUR USE OF THIS WEBSITE, ITS CONTENT OR LINKS OR ANY PRODUCTS OR SERVICES, SHALL NOT EXCEED $100.00. “CAROL’S COOKIES PARTIES” MEANS CAROL’S COOKIES AND ITS AFFILIATES, LICENSORS, VENDORS, RETAIL PARTNERS, AGENTS, REPRESENTATIVES, AND ANY OTHER PARTY INVOLVED IN THE CREATION, OPERATION, PRODUCTION OR TRANSMISSION OF THE WEBSITE, THE PRODUCTS AND THE SERVICES AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, MEMBERS, REPRESENTATIVES, AND AGENTS, SUCCESSORS, AND ASSIGNS.
IF YOU ARE DISSATISFIED WITH THE WEBSITE OR ITS CONTENT, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.
YOU AREE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, TO WAIVE YOUR RIGHT TO JOIN AND, IF APPLICABLE, YOU AGREE TO OPT OUT OF ANY CLASS ACTION OR COLLECTIVE ACTION AGAINST CAROL’S COOKIES PARTIES RELATED TO THE TERMS, THE WEBSITE, THE PRODUCTS OR THE SERVICES. YOU AGREE TO PURSUE ANY CLAIM THAT YOU THINK YOU HAVE AGAINST CAROLS COOKIES PARTIES RELATED TO THE TERMS OR THE WEBSITE INDIVIDUALLY AND NOT AS A MEMBER OF A CLASS OR COLLECTIVE ACTION.
7. Indemnity and Unauthorized Access
In addition to any other indemnities you may provide under the Terms, you agree to defend, indemnify, and hold harmless the Carol’s Cookies Parties, from, and waive and release the Carol’s Cookies Parties from all claims, suits, proceedings, losses, damages, liabilities, and expenses (including without limitation, attorneys’ fees) arising out of or based on (a) your use (or use by any third party using your account) of or access to the Website or of any material contained on the Website, (b) your violation or breach of any of the Terms, (c) the submission or use of any content including User Content that you submitted, posted or otherwise provided to Carol’s Cookies or the Website, (d) your violation of any intellectual property rights or other rights of any Carol’s Cookies Parties or any third party or (e) your violation of any applicable law, rule or regulation. Unauthorized access to the Website and unauthorized use of any content or information on the Website is strictly prohibited.
Except as otherwise expressly noted, Carol’s Cookies or its licensors (as applicable) own all right, title and interest in and to all of the Website and other intellectual property, including all copyright, trademarks, service marks, patents, logos, slogans, trade dress, product designations and other intellectual property and proprietary rights, rights of publicity and rights of privacy in or relating to any of the foregoing (collectively, the “Intellectual Property”). Carol’s Cookies does not represent or warrant that such materials do not infringe the rights of any other person or entity. Intellectual Property displayed on the Website may not be used without Carol’s Cookies’ written authorization or license of the owner of such Intellectual Property. You acknowledge that content available on the Website, including without limitation, the content of third parties and the Intellectual Property, is protected by copyright, trademark, patent, or other intellectual property rights and laws. Without the express written consent of Carol’s Cookies in each instance, you may not reproduce, republish, download, upload, post, display, perform, frame, transmit, distribute, modify, or use any Intellectual Property, in whole or in part, except as expressly permitted by the Terms. Any other access to the Website or the use of content and Intellectual Property is prohibited.
In accordance with the Digital Millennium Copyright Act and other applicable laws, we have adopted a policy of limiting access to the Website by, or terminating the accounts of, users, in appropriate circumstances and in our sole discretion, who infringe the intellectual property rights of others. If you believe in good faith that content or material on the Website infringes a copyright or other intellectual property owned by you, you (or your agent) may send Company a notice requesting that the material be removed, or access to it blocked. This request should be sent to Company’s designated agent at: Carol’s Cookies Inc., Attn: Copyright Agent, 3184 MacArthur Blvd, Northbrook, IL, 60062. This notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed, (b) identification of the copyrighted work claimed to have been infringed, (c) identification of the material that is claimed to be infringing or the subject of the infringing activity reasonably sufficient to allow Company locate the material, (d) the name, address, telephone number, and email address of the complaining party, (e) 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 (f) 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.
You should also note that if you knowingly make any material misrepresentation in your notification that the material or activity is infringing, you will be liable for any damages, including, without limitation, costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
10. User Conduct
You agree that while you are accessing or using the Website you will (a) comply with the Terms and all applicable laws, rules and regulations, (b) not damage or infringe upon the rights of any person or entity, (c) not act in any way that is defamatory, libelous, harassing, obscene or otherwise objectionable, (d) not engage in the commercial resale of Products without the prior written consent of Carol’s Cookies or (e) not affect or interrupt or attempt to affect or interrupt operation of the Website. You agree that you are solely responsible for your conduct, while accessing or using the Website. In addition, you will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Disrupt or interfere with the security of, or otherwise abuse, the Website, any material, or any services, system resources, accounts, servers, or networks connected to or accessible through the Website or affiliated or linked websites;
- Use or attempt to use another User’s account without authorization from such User and Website;
- Use the Website in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying the Website or that could damage, disable, overburden or impair the functioning of the Website in any manner;
- Modify, disassemble, or reverse engineer any aspect of the Website or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any content, area or code of the Website;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of the Website that you are not authorized to access;
- Develop any third party applications that interact with the Website without our prior written consent;
- Use any robot, spider, crawler, scraper, script, browser extension, offline reader or other automated means or interface not authorized by us to access the Website, extract data, “data mine” or otherwise interfere with or modify the rendering of the Website’s pages or functionality;
- Intentionally hold Carol’s Cookies and/or its employees and/or directors up to public scorn, ridicule and/or defamation;
- Use the Website for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates the Terms;
- Create hyperlinks from other websites to the Website, unless expressly permitted in writing by Carol’s Cookies;
• Post any content, including without limitation, User Content (as defined below) that (i) is offensive, unlawful, harmful, abusive, defamatory, pornographic, threatening, or obscene; (ii) impersonates or misrepresents your affiliation with another user, person, or entity, or is otherwise fraudulent, false, libelous, deceptive, or misleading; (iii) involves commercial or sales activities, such as advertising, promotions, contests, sweepstakes, or pyramid schemes, that are not expressly authorized in writing by Carol’s Cookies or (iv) you do not have a right to make available under any law or under a confidential or fiduciary obligation or agreement; or
- Use any device or computer program that interferes with or attempts to interfere with the operation of the Website, including any activity that precedes attempts to breach security.
11. User Content
You represent and warrant that, with respect to any User Content you post on social media channels that relates to Carol’s Cookies or its Products or Services, (a) you own or otherwise control all of the rights to the User Content, (b) such User Content is true, accurate and not misleading, (c) such User Content or the displaying, publishing or posting publicly and using the User Content by Carol’s Cookies as contemplated by the Terms by posting it on the Website and as otherwise set forth in the Terms, does not violate the Terms or applicable law, and does not infringe or violate the intellectual property rights, privacy rights or other rights of any third party or imply any affiliation with or endorsement of you or your User Content by Carol’s Cookies, (d) Carol’s Cookies will not need to obtain licenses from any third party or pay royalties to any third party for its use of User Content, and (e) such User Content complies with the Terms and all applicable laws, rules and regulations.
Carol’s Cookies reserves the right, in its sole discretion to, but has no obligation to, monitor, review, paraphrase or edit User Content that it posts on the Website. In all cases, Carol’s Cookies reserves the right to remove, edit or disable access to any User Content that we post on the Website for any or no reason. Carol’s Cookies may take these actions without prior notification to you or any third party. Removal, editing or disabling of access to User Content on the Website shall be at our sole discretion, and we do not promise to remove, edit or disable access to any specific User Content. Carol’s Cookies shall have no liability to you or any other user arising from such actions or inactions.
You are solely responsible for all User Content that you post on social media channels and that we post on the Website. Under no circumstances will the Carol’s Cookies Parties be liable in any way for any User Content and Carol’s Cookies does not endorse any opinion contained in any User Content. YOU AGREE THAT IF ANYONE BRINGS A CLAIM AGAINST CAROL’S COOKIES RELATED TO USER CONTENT THAT YOU POST ON SOCIAL MEDIA CHANNELS THAT CAROL’S COOKIES POSTS ON THE WEBSITE, THEN, TO THE EXTENT PERMISSIBLE UNDER LOCAL LAW, YOU WILL INDEMNIFY AND HOLD THE CAROL’S COOKIES PARTIES HARMLESS FROM AND AGAINST ALL DAMAGES, LOSSES, AND EXPENSES OF ANY KIND (INCLUDING REASONABLE ATTORNEY FEES AND COSTS) ARISING OUT OF SUCH CLAIM.
12. Risks related to the Internet; Liability for Computer System
You acknowledge and agree that hardware, software, and internet connections can fail, and agree that Company is not responsible for failures, distortions, delays, or other problems resulting from equipment configuration, connection, signal power, hardware, software, or any equipment used to access the internet. You acknowledge and agree that any activity on the Website is subject to monitoring by Company at any time and that Company may use the information obtained from such monitoring in any way, without any limitation, subject to applicable laws.
You acknowledge and agree that despite Company’s best efforts to protect your data, third parties may illegally access the Website and compromise such data contained hereon and use such data for illegal purposes. You agree that any potential liability to Company arising from any data breach of any data maintained by Company and/or the Website is limited by the Limitation on Liability provisions set forth in the Terms. You specifically agree to disclaim Company from any liability whatsoever arising from any breach of data related to the Website.
Complete confidentiality and security is not possible over the Internet. Use of the Internet and communications over the Internet are subject to possible interception, loss, and alteration. Therefore, you should not communicate any personal information to Carol’s Cookies by email, unless adequate security measures are in place in order to ensure the security of the transmission. Carol’s Cookies, its agents and employees will not be liable in any manner whatsoever, to you or any third parties, for any damage as a result of information transmitted by email to Carol’s Cookies. You assume all risks related to such communications.
Carol’s Cookies and its agents and employees do not assume any liability whatsoever for any unauthorized access to your computer system by hackers or the quality, reliability, compatibility or speed of services rendered by your Internet service provider.
13. Third Party Websites and Content; Links
The Website may contain links to other websites that are not owned, operated, or maintained by Carol’s Cookies, including links to social media platforms (“Third Party Websites”). These links to Third Party Websites are provided solely for your convenience and all correspondence and business dealings between you and such third parties on the Third Party Websites are solely between such you and such third parties. Carol’s Cookies does not endorse, and is not responsible or liable for, the content on the Third Party Websites, your use of the Third Party Websites or any loss or damage you may incur as a result of such use or dealings. Carol’s Cookies makes no warranties or representations about the content of, any products or services offered by, or the intellectual property compliance of or accuracy or completeness, such Third Party Websites. You access Third Party Websites at your own risk and by accessing Third Party Websites you leave this Website. Use of the Third Party Websites may also be subject to you agreeing to separate binding agreements, including terms of service and privacy statements, which can be found on the Third Party Website if applicable. You should read the terms of service, privacy policies, and any other user agreements of the Third Party Website before using the Third Party Website.
14. Termination or Suspension
You acknowledge and agree that Carol’s Cookies, in its sole discretion, may terminate or suspend your use of this Website at any time and for any or no reason in its sole discretion, even if access and use continues to be allowed to others. Accessing this Website after such termination, suspension, or discontinuation shall constitute an act of trespass. Further, you agree that Carol’s Cookies will not have any liability whatsoever to you or any third party for any termination or suspension of your access to this Website or if this Website is discontinued.
15. Governing Law
By accessing the Website, you agree that the laws of the State of Illinois, USA without regard to conflict of laws principles will apply to all matters related to the use of this Website and the purchase of Products and Services.
16. Customer Service
Please contact our customer service team, who are ready to help you and answer your questions by email at email@example.com or call (847) 831-4500. In the event that our customer service team is not able to resolve your concern, by using the Website, you agree that all claims relating to the use of the Website, including without limitation, all claims or disputes arising out of or relating to any Products or Services purchased from Carol’s Cookies through the Website will be entirely resolved through binding individual arbitration, rather than in court.
17. Dispute Resolution; Arbitration Agreement
PLEASE READ THE FOLLOWING SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH CAROL’S COOKIES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
Arbitration replaces the right to go to court. In the absence of this arbitration agreement, you may otherwise have a right or opportunity to bring disputes or claims in a court, before a judge or jury, and/or to participate in or be represented in a case filed in court by others (including, but not limited to, class actions). Entering into this arbitration agreement constitutes a waiver of your right to litigate disputes and claims in court and all opportunity to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. The arbitrator must follow this arbitration agreement and can award the same damages and relief as a court (including attorney’s fees).
a) Disputes. We want to address your concerns without filing a formal legal case. Before filing a claim against Carol’s Cookies, you agree to try to resolve the dispute informally by contacting us at Carol’s Cookies, Inc., Customer Service Department at 3184 MacArthur Blvd Northbrook, IL 60062, at (847) 831-4500 or at firstname.lastname@example.org. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days from our receipt of notice of such dispute, you and/or Carol’s Cookies agree to resolve any claims related to the Terms, the Website, the Products and Services, if applicable, through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.
b) Opt-Out Rights. You can opt-out and decline this agreement to arbitrate by contacting Carol’s Cookies within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.,: the date you initially accepted the Terms). You must write us at Carol’s Cookies Inc., Attn: Opt-Out Arbitration, 3184 MacArthur Blvd, Northbrook, IL 60062. If you opt out, neither you nor Carol’s Cookies can require the other to participate in an arbitration proceeding.
c) Arbitration Procedures. Except in the event the dispute meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described above, all disputes shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association (the “AAA”). The arbitration will be conducted before a single arbitrator. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party.
d) Exceptions to Agreement to Arbitrate. Either you and/or Carol’s Cookies may assert claims, if they qualify, in small claims court in Cook County, Illinois. Carol’s Cookies may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Website, breach of Carol’s Cookies’ confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
e) Class Action Waiver. You and Carol’s Cookies agree that any dispute arising out of or related to the Terms, the Website, the Products or the Services is personal to you and Carol’s Cookies and that such dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding. You and Carol’s Cookies agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals (“Class Action Waiver”). You agree that this Class Action Waiver is material and essential to the arbitration of any dispute between you and Carol’s Cookies and is non-severable from this arbitration agreement. If any portion of this Class Action Waiver is limited, voided, or cannot be enforced, then this arbitration agreement shall be null and void.
f) Authority of Arbitrator. As limited by the Terms and the applicable AAA rules, the arbitrator will have (a) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a dispute, including the determination of whether a dispute is arbitrable, and (b) the authority to grant any remedy that would otherwise be available in court; provided, however, that the arbitrator does not have the authority to conduct a class arbitration or a representative action, which is prohibited by the Terms.
g) Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, or if you opt-out in accordance with subsection (b) above, you and Carol’s Cookies agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and Carol’s Cookies consent to the foregoing venue and jurisdiction.
18. Compliance with Law
You are responsible for complying with local laws, if and to the extent local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the country in which you reside. You may not use, export, or re-export the products or any copy or adaptation in violation of any applicable laws or regulations including without limitation, United States, Canadian or European export laws and regulations.
19. No Amendments or Supplements to The Terms
No employee of Company is authorized to make any statement that adds to or amends any of the warranties or limitations contained in the Terms. You acknowledge and agree that oral statements made about the Website or about information contained in the Website do not constitute warranties, will not be relied on by you, and will not be binding or enforceable. No supplement or amendment of the Terms will be binding unless set forth in writing by an authorized officer of Company or posted on the Website.
20. Nondiscrimination; Accessibility Notice
Carol’s Cookies complies with all federal civil rights laws and does not discriminate on the basis of race, color, national origin, age, disability or sex. While Carol’s Cookies may not be a “place of public accommodation” under the Americans with Disabilities Act of 1990, accessibility of the Website to people with disabilities is extremely important to Carol’s Cookies. Carol’s Cookies believes that the Website is accessible to people with disabilities, and is compatible with standard screen readers used by people who are blind and visually-impaired. If you believe that the Website is inaccessible to you for any reason, please call (847-831-4500) and a Carol’s Cookies representative will assist you.
If you believe that you are suffering discrimination based on your disability in using the Website, before initiating any legal action against Carol’s Cookies arising from such discrimination, you agree to first provide written notice of the perceived discrimination to Carol’s Cookies at the contact address set forth in Section 22 below, to allow 60 days for Carol’s Cookies to acknowledge receipt of the complaint, and to allow an additional 120 days for Carol’s Cookies to cure the issue.
21. Additional Terms and Information
Some promotions provided by Carol’s Cookies are subject to additional terms and conditions. Carol’s Cookies suggests that you review all terms and conditions that may apply to you.
22. Contact Us
To contact us regarding these Terms or the operation of the Website itself, or for any reason required by these Terms, please write to us at the following: Carol’s Cookies, Inc. 3184 MacArthur Blvd Northbrook, IL 60062 or call us at (847) 831-4500.
PART TWO: ADDITIONAL TERMS APPLICABLE TO WEBSITE USERS MAKING PURCHASES
CAROL’S COOKIES TERMS OF SALE (“TERMS OF SALE”)
We do not ship to addresses located outside of the United States and we do not sell any of our Products to persons under the age of 18. If you are under the age of 18, you must purchase Products only with the involvement of a parent or legal guardian.
1. Product Orders
By presenting the Products on the Website, Carol’s Cookies is presenting an opportunity for you to submit offers that are binding on you. The order confirmation automatically sent by Carol’s Cookies by email does not give rise to a binding contract of sale. A contract of sale only arises when Carol’s Cookies ships the Products. The Terms in effect at the time you place an order for our Products will apply. By transmitting an order, you confirm you have read the Terms and agree to and accept them without reservation. We reserve the right to make changes to the Terms from time to time, and any such changes will apply to future orders. If any provision set forth in the Terms is not enforceable, it will not affect any other provision.
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. UNLESS OTHERWISE INDICATED, ALL SALES ARE FINAL AND NON-REFUNDABLE.
To the fullest extent permitted by law, Carol’s Cookies may, in its sole discretion, choose to cancel your order in certain circumstances, even if you received an automated confirmation (for example, when information on the Website is found to be inaccurate or when we suspect the request is fraudulent). If Products you ordered are out of stock, we will notify via email and either cancel your order or provide you with a refund.
All Products and Services are at all times subject to the disclaimers contained in in the Terms.
Any Products or Services mentioned on the Website or provided by Carol’s Cookies are made available in accordance with local law and only where they may be lawfully offered for sale. Carol’s Cookies does not claim that the information on the Website is appropriate for or applicable to your jurisdiction or that the Products described on the Website will be available for purchase in all jurisdictions.
2. Errors Regarding Product Pricing and Descriptions
There may be unintentional inaccuracies, omissions, or errors regarding price, offers, descriptions, promotions, availability, or other matters and except as provided by law, Carol’s Cookies will not be liable for these inaccuracies, omissions, or errors. Carol’s Cookies will attempt to correct such inaccuracies, omissions, or errors when brought to its attention. If a price is listed incorrectly, you agree that Carol’s Cookies will not be bound by that incorrect price unless you have already been charged for that purchase. If you have not been charged and we notice a mistake, we will let you know the correct price and you can decide if you wish to proceed with the order at the correct price. We do not warrant that the quality of any Products, Services, information, or other material purchased or obtained by you will meet your expectations. Any corrections or resolution of errors made by Carol’s Cookies will be at the sole discretion of Carol’s Cookies
We have made every effort to display as accurately as possible the images of our Products. We cannot guarantee that your computer monitor’s or phone or tablet’s display of any images will be accurate.
3. Prices for Products
All prices for Products are in U.S. Dollars. Taxes, shipping and handling charges are additional. Final prices will be displayed at checkout. Carol’s Cookies reserves the right to change prices at any time without notice; you will be charged for the Products on the basis of the correct prices offered at the time of order.
You agree to pay, all charges and losses incurred in connection with your purchase, including all applicable taxes, shipping, handling, and insurance. You will be notified separately of shipping costs prior to dispatch of your order. These may vary depending on delivery location and item weight.
Carol’s Cookies uses a third-party payment processing company and a third-party processing gateway to process your orders (“Payment Processors”). We do not collect or store your credit card information. Carol’s Cookies is not responsible for error by the Payment Processors. By choosing to purchase a Product from this Website, you authorize us, through the Payment Processors, to charge your chosen payment provider (“Payment Method”) the total amount of your order, including the price of the Product and any applicable taxes and shipping and handling charges. You represent and warrant that you have the right to use the Payment Method that you use in connection with a purchase on the Website.
You must provide current, complete and accurate information for your Payment Method. If the Payment Method you provide cannot be verified, is invalid or is otherwise not acceptable, your account may be suspended or cancelled, and your order canceled.
5. Delivery; Shipping
Carol’s Cookies does not ship Products to addresses located outside of the United States.
Any shipping times shown on the Website are estimates only – actual delivery dates may vary. Carol’s Cookies uses third party transportation carriers, but we will work with you to resolve issues related to delivery delay, including reimbursement where appropriate, on a case-by-case basis. Risk of loss and title to the Products will pass to you upon delivery of the Products to the applicable transportation carrier by Carol’s Cookies.
6. Refunds; Product Replacement
If you are not satisfied with any Products received, please contact Carols’ Cookies customer service at email@example.com or call (847) 835-4500. All sales of Products are final unless Carol’s Cookies, in its sole discretion, confirms an issue that is brought to Carol’s Cookies attention within 24 hours of the date that the order is placed, that would entitle you to a refund or replacement Product. In the case of refunds, we will carry out the reimbursement using the same means of payment as you used for the initial transaction. We may withhold reimbursement until you have supplied evidence of the issue with the Products, including photos, tracking information and reference number.
7. Order Changes and Cancellations
If you wish to cancel or change your order, you must contact Carol’s Cookies, by phone at (847) 831-4500 or by email at firstname.lastname@example.org prior to dispatch date. Change or order cancellations cannot be made after dispatch date.
8. Customer Service
If you have any problems with your order, please contact our customer service team, who are ready to help you and answer your questions by email at email@example.com or by phone at (846) 831-4500. In the event that our customer service team is not able to resolve your concern, by using this Website, you agree that all claims arising out of or relating to any Products or Services purchased from Carol’s Cookies will be entirely resolved through binding individual arbitration, rather than in court in accordance with the terms described in Section 17 of the Part One.
9. Allergy information
Our Products are manufactured in a facility which handles common food allergens, including peanuts, tree nuts, eggs, milk, wheat and soy and all of our Products may come into contact with or contain trace amounts of these ingredients. In addition, some of our Products also contain these items as ingredients in the Products. Please carefully review the ingredient information for each Product at https://carolscookies.com/flavors. We recommend that individuals with an allergy to any of the allergens listed above not consume our Products.
10. Exclusivity of Remedy; Disclaimer of Warranties and Limitation of Liability
Your sole and exclusive remedy, and Carol’s Cookies’ sole and exclusive liability, for any claims arising under the Terms in connection with your purchase of a Product, shall be your right to contact customer services to discuss the receipt of a refund or a replacement Product under our refunds and Product replacement policy described above.
Please see Section 5 (Disclaimer of Warranties) and Section 6 (Limitation of Liability) of Part One for provisions regarding disclaimer of warranties and limitation of liability applicable to the purchase and use of the Products and Services.
11. Notice for California Users
California Civil Code Section 1789.3 provides that California residents may file grievances and complaints with the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs, 1624 North Market Blvd., Suite N112, Sacramento, CA 95834 or by phone at (800) 952-5210.