Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. All users of this site agree that access to and use of this site are subject to the following terms and conditions and other applicable laws. If you do not agree to these terms and conditions, you must not access or use this site.
Donations/Purchases
Donations to Cookies for Kids' Cancer™ are tax deductible to the fullest extent allowable by law. Please consult your personal tax advisor for details. Quid Pro Quo: The fair market value for a dozen cookies is estimated to be $19.95 and should be considered when determining the value of your potential tax deduction. Please consult your tax advisor for details.
Geographic Restrictions
The owner of the Website is based in the State of New Jersey in the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
This Website is offered and available to users who are 13 years of age or older. You may not order or obtain products or services from this website, and/or donate on or through this website if you are not the older of (i) at least 18 years of age or (ii) legal age to form a binding contract with Cookies for Kids' Cancer™, Inc. or (iii) are prohibited from accessing or using this website or any of this website’s contents, goods or services by applicable law. By accessing this Website, you represent and warrant that meet all of the foregoing eligibility requirements.
Copyright
The entire content included in this site, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of Cookies for Kids' Cancer™, Inc. The collective work includes works that are licensed to Cookies for Kids' Cancer™, Inc. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Cookies for Kids' Cancer™, Inc. or purchasing Cookies for Kids' Cancer™, Inc. products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the site solely for your own non-commercial use, or to place an order with Cookies for Kids' Cancer™, Inc. or to purchase Cookies for Kids' Cancer™, Inc. products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Cookies for Kids' Cancer™, Inc. You further agree not to change or delete any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks and trade names of Cookies for Kids' Cancer™, Inc. used in the site are trademarks or registered trademarks of Cookies for Kids' Cancer™, Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided "as is" and “as available” and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Cookies for Kids' Cancer™, Inc. disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Cookies for Kids' Cancer™, Inc. does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Cookies for Kids' Cancer™, Inc. does not make any warrantees or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Cookies for Kids' Cancer™, Inc. shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Cookies for Kids' Cancer™, Inc. has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
In the event that a Cookies for Kids' Cancer™, Inc. product is mistakenly listed at an incorrect price, Cookies for Kids' Cancer™, Inc. reserves the right to refuse or cancel any orders placed for product listed at the incorrect price. Cookies for Kids' Cancer™, Inc. reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, Cookies for Kids' Cancer™, Inc. shall issue a credit to your credit card account in the amount of the incorrect price.
Term; Termination
These terms and conditions are applicable to you upon your accessing the site and/or completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Cookies for Kids' Cancer™, Inc. without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
Notice
Cookies for Kids' Cancer™, Inc. may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable method to the address you have provided to Cookies for Kids' Cancer™, Inc.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of New Jersey, without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site including but not limited to the purchase of Cookies for Kids' Cancer™, Inc. products shall be in the courts of the State of New Jersey or the federal courts of the United States located in the State of New Jersey. Any cause of action or claim you may have with respect to the site including but not limited to the purchase of Cookies for Kids' Cancer™, Inc. products must be commenced within one (1) year after the claim or cause of action arises. Cookies for Kids' Cancer™, Inc.'s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Cookies for Kids' Cancer™, Inc. may assign its rights and duties under this Agreement to any party at any time without notice to you.
Arbitration
At Company's sole discretion, it may require you to submit any disputes arising from these Terms and Conditions or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying New Jersey law.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Cookies for Kids' Cancer™, Inc. or other licensed employee, host, or representative, as well as other members or visitors on the site is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or other organization.
Participation Disclaimer
The Company owns and/or operates www.cookiesforkidscancer.org, as well as other social media and online properties (“user-generated websites”). Such user-generated websites may include, but are not limited to, message boards, story boards, blogs, social media accounts, reviews, and comment boards. The user-generated websites may permit users to post, submit, publish, display, or transmit to other users or third parties (hereinafter, "post") content or materials (“user-generated content”). By registering or using any user-generated websites, you accept and agree to the following Terms and Conditions for user-generated content.
Cookies for Kids' Cancer™, Inc. does not and cannot review all communications and materials posted to or created by users accessing the user-generated websites, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the user-generated websites, Cookies for Kids' Cancer™, Inc. is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the user-generated websites. However, Cookies for Kids' Cancer™, Inc. reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to Cookies for Kids' Cancer™, Inc. in its sole discretion.
Any user-generated content posted to or created by users accessing the user-generated websites will be treated as non-confidential and non-proprietary. Anything you submit or post on the website or any social media site operated by Cookies for Kids' Cancer™, Inc. becomes the property of Cookies for Kids' Cancer™, Inc. and we may use and reproduce your user-generated content freely, and for any purpose. Specifically, Cookies for Kids' Cancer™, Inc. is free to use for any purposes whatsoever (including but not limited to the developing, manufacturing, advertising and marketing of products) any ideas, artwork, inventions, developments, suggestions or concepts contained in your user-generated content. Any such use is without compensation to you. By making a submission, you are also warranting that you own the material/content submitted and that Cookies for Kids' Cancer™, Inc.’s use will not violate any third party's rights or otherwise place us in breach of any applicable laws. Cookies for Kids' Cancer™, Inc. under no obligation to use the information submitted.
Indemnification
You agree to indemnify, defend, and hold harmless Cookies for Kids' Cancer™, Inc., its officers, directors, employees, agents, licensors and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or any activity related to your account including negligent or wrongful conduct by you or any other person accessing the site using your Internet account.
Waiver and Severability
No waiver by Cookies for Kids' Cancer™, Inc. of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure or delay of Cookies for Kids' Cancer™, Inc. to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any term, provision, covenant or condition of these Terms and Conditions, or any application thereof, should be held by a court of competent jurisdiction to be invalid, void, or unenforceable, in whole or in part, all other provisions of these Terms and Conditions shall remain in full force and effect. Further, all provisions, covenants and conditions held invalid, void or unenforceable shall be reformed by such a court of competent jurisdiction in a manner that is valid, not void and enforceable and in such a fashion as to best effectuate the intent of Cookies for Kids' Cancer™, Inc. as evident with respect to the provisions, covenants or conditions that were held to be invalid, void or unenforceable.
Entire Agreement
The Terms and Conditions and Privacy Policy available at https://www.cookiesforkidscancer.org/policies/privacy-policy constitute the sole and entire agreement between you and Cookies for Kids' Cancer™, Inc. regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Third-Party Links
In an attempt to provide increased value to our visitors, Cookies for Kids' Cancer™, Inc. may link to sites operated by third parties. However, even if the third party is affiliated with Cookies for Kids' Cancer™, Inc., Cookies for Kids' Cancer™, Inc. has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Cookies for Kids' Cancer™, Inc. These linked sites are only for your convenience and therefore you access them at your own risk. Nonetheless, Cookies for Kids' Cancer™, Inc. seeks to protect the integrity of its web site and the links placed upon it and therefore requests any feedback on not only its own site, but for sites it links to as well including if a specific link does not work.
Refund/Return Policy:
These terms apply to non-perishable items only.
Original sales receipt must accompany returns.
We accept returns for exchange or refund 7 calendar days after delivery of the product. At our sole discretion after 7 calendar days, we will offer an exchange or store credit only. Items must be in "new, unaltered and unused condition". Definition of new, unaltered and unused condition is:
• without showing signs of wear or damage in any way
• within 7 calendar days of the delivery date (after 7 days no returns are allowed)
• must not be a special order or a custom order
• unless noted that it cannot be returned or has a different return policy time period other than that 7 days noted in that item's particular item description.
If an item is received damaged or is incorrectly shipped by us please contact Customer Support immediately. Items that are defective and shipped from us or items that you did not order but received from us will qualify for store credit or a cash refund.
Refunds are contingent upon inspection of item(s) once we receive it.
Customer is responsible for all shipping costs if seller is not at fault.
Contact Info:
Cookies for Kids' Cancer™
PO Box 415
Califon, NJ 07830
888-978-5313
info@beagoodcookie.org