CHIPD COOKIE BAR TERMS OF USE
Last revised February 2024
These Terms and conditions of use (“Terms of Use”) govern use of our online services, interfaces and properties (e.g., websites, mobile applications and associated products) owned and controlled by Chipd Cookie Bar, LLC. (“Chipd Cookie Bar”), including the www.chipdcookiebar.com website (including associated social media) (said associated social media and this website being collectively referred to herein as the “Site”) and the service(s) available to users of the Site (“Users” or “you”) through the Site (“Service(s)”). Chipd Cookie Bar, LLC does business as Chipd Cookie Bar and is solely responsible for the contents of the Site. Your compliance with these Terms of Use is a condition to your use of the Site. If you do not agree to be bound by the Terms of Use, promptly exit this Site. Please also consult our Privacy Policy for a description of our privacy practices and policies, including how we collect and handle your information.
1. Ownership of the Site, Content, and Related Materials
All pages within this Site and any branding material made available for viewing or purchase are the property of Chipd Cookie Bar, or its licensors or suppliers, as applicable. The Site, Services, and content are protected by United States and international copyright and trademark laws and/or by pending patent application(s), and by these Terms of Use. The trademarks, including “Chipd Cookie Bar” and the associated Chipd Cookie Bar logo, are trademarks of Chipd Cookie Bar™ LLC.
Ownership of content posted, created, distributed, or otherwise made available by Chipd Cookie Bar, its affiliates, licensors, or vendors is governed by the applicable laws of the United States and other countries, including the associated international copyright and trademark laws and may not be accessed, exported, changed, disclosed, communicated, polled, copied, published or otherwise used outside the context of the use of the Service as directed and instructed by Chipd Cookie Bar. Content may only be accessed by a human visually observing webpage provided by the Service and directly operating graphic user interfaces. Users, associated third-parties, and others are not authorized to copy, duplicate, re-distribute, or make available any copyrighted material owned by Chipd Cookie Bar, its affiliates, licensors, vendors, or others.
Users or the owner of any content you post, upload, transmit, send or otherwise make available on or through the Service retain ownership of all rights, title, and interests in such content. By posting, uploading, transmitting, sending or otherwise making available content, registering for the Service, or engaging in any other form of communication with Chipd Cookie Bar (on or through the Service or otherwise), you irrevocably grant Chipd Cookie Bar a royalty-free, non-exclusive, unrestricted, worldwide, perpetual, right and license to copy, reproduce, modify, edit, crop, alter, revise, adapt, translate, enhance, reformat, remix, rearrange, resize, create derivative works of, move, remove, delete, erase, reverse-engineer, store, cache, aggregate, publish, post, display, distribute, broadcast, perform, transmit, rent, sell, share, license, sublicense, syndicate, or otherwise provide to others, use, or change all such content and communications in any medium (now in existence or hereinafter developed) and for any purpose, including commercial purposes, and to authorize others to do so.
Chipd Cookie Bar reserves the right to use, re-distribute, copy, publish, or otherwise claim ownership to any ideas, suggestions, developments, recipes, descriptions, and/or inventions that you post, upload, transmit, send or otherwise make available on the Service in any manner herein listed without any compensation or attribution to you.
2. Non-Commercial Use
You may not use this website or any of its materials in connection with any commercial endeavors, except with written permission provided to you by Chipd Cookie Bar.
3. Electronic Communications
When you use any Chipd Cookie Bar Service, or send e-mails, and any other communications from your desktop or mobile device to us, you are communicating with us electronically. By utilizing the Service and engaging in electronic communications including, but not limited to, those listed in the foregoing, you consent to receive communications from us electronically. Accordingly, you agree that (a) all agreements and consents can be signed electronically and (b) all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such notices and other communications be in writing.
4. Site Access, Security and Restrictions; Passwords
If you create a subscriber account or otherwise communicate with Chipd Cookie Bar, you agree to complete the registration process by providing current, complete, and accurate information as required by Chipd Cookie Bar. You are responsible for all activities that occur under your account. In the event access to the Site or a portion thereof is limited requiring a user ID and password (“Protected Areas”), you agree to access Protected Areas using only your user ID and password. You agree to protect the confidentiality of your user ID and password, and not to share or disclose your user ID or password to any third party. You agree that you are fully responsible for all activity occurring under your user ID.
Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation, (a) accessing data not intended for such user or logging onto a server or an account which the user is not authorized to access; or (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; or (c) accessing or using the Site or any portion thereof without authorization, in violation of these Terms of Use, (d) for a purpose other than the normal operation of the site, or (e) to download data stored on the Site, or (f) in violation of applicable law. If you are under 18, you may use Chipd Cookie Bar Services only with involvement of a parent or guardian.
You may not use any scraper, crawler, spider, robot or other automated means of any kind to access or copy data on the Site, deep-link to any feature or content on the Site, bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Site.
Violations of system or network security may result in civil or criminal liability. Chipd Cookie Bar will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of this Site or any activity being conducted on this Site.
5. Availability of Help
Chipd Cookie Bar is under no obligation to provide any form of support with regard to use of this website.
6. License and Access
All rights not expressly granted to you in these Terms of Use are reserved and retained by Chipd Cookie Bar or its licensors, suppliers, publishers, rights holders, or other content agents and providers. No Chipd Cookie Bar Service, nor any part of any Chipd Cookie Bar Service, may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Chipd Cookie Bar. You may not frame or utilize framing techniques, link or inline for any purpose, including, without limitation, to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Chipd Cookie Bar without express written consent. You may not use any meta tags or any other “hidden text” utilizing Chipd Cookie Bar’s name or trademarks without the express written consent of Chipd Cookie Bar. You may not misuse the Chipd Cookie Bar Services. You may use the Chipd Cookie Bar Services only as permitted by law. The licenses granted by Chipd Cookie Bar terminate if you do not comply with these Terms of Use.
The Contents of the Site, including without limitation the files, documents, text, photographs, images, audio, and video, and any materials accessed through or made available for use or download through this Site (“Content”) may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by Chipd Cookie Bar. You may not frame or utilize framing techniques to enclose, or deep linking to, any name, trademarks, service marks, logo, Content or other content or information (including; images, text, page layout, or form) of Chipd Cookie Bar without our express written consent.
7. Nationwide Shipping and Returns Policy
A) Shipping
We offer nationwide shipping of our cookies. Since we bake our cookies fresh, there is a baking production window that occurs before shipment can take place. All cookies are shipped with overnight delivery service for a flat $60 rate. Please note: our shipping days are Wednesday and Thursday of every week.
We ship our packages with insulated materials. Cookies are shipped frozen for freshness. Some thawing may occur during the delivery process, but your cookies will be kept cool throughout delivery.
We currently do not ship our baked goods to Hawaii or Alaska. Please note that our shipping schedule might change slightly around the holidays.
Should you have an issue with your order, please contact us directly through our website and we will work with you to resolve the issue. Chipd Cookie Bar is not responsible for any third-party shipping issues that may occur with deliveries including shipping delays, missing packages [lost or stolen], damaged packages, etc. Please contact the shipping carrier directly to resolve any issues with shipment and delivery.
B) Bakery Re-stocks
We are currently operating at limited production. Therefore, we can only fulfill a certain quantity of orders per week. Therefore, when we re-stock our bakery every week on our website (unless stated otherwise), cookies will sell out on a first-come, first-serve basis.
C) Returns
We cannot accept returns on baked goods. Therefore, all purchases of baked goods are final sale. Please make sure you are satisfied with your order before submitting.
8. User Information
If you submit, upload, post or transmit any information, requests, comments, ideas, suggestions, information, reviews, videos, images or other materials to us or to or via our Site (“User Information”), you agree not to provide any information that (1) is false, inaccurate, defamatory, abusive, libelous, unlawful, obscene, threatening, harassing, fraudulent, pornographic, or harmful, or that could encourage criminal or unethical behavior, (2) violates or infringes the privacy, copyright, trademark, trade dress, trade secrets or intellectual property rights of any person or entity, or (3) contains or transmits a virus or any other harmful component.
CHIPD COOKIE BAR IS NOT RESPONSIBLE FOR THE CONSEQUENCES OF ACTIVITY AS A RESULT OF PERSONALLY IDENTIFIABLE INFORMATION OR CONTENT POSTED, UPLOADED, TRANSMITTED, SENT, OR OTHERWISE MADE AVAILABLE TO THIRD-PARTIES, OTHER USERS, AFFILIATES, VENDORS, ADVERTISERS, OR OTHERWISE IN THE USE OF THE SERVICE.
9. Claims of Copyright Infringement
A) Disclaimer
Chipd Cookie Bar respects the intellectual property rights of others and expects its users to do the same. In accordance with United States Online Copyright Infringement Liability Limitation Act (“OCILLA”) of the Digital Millennium Copyright Act (DMCA), 17 U.S.C. sec. 512, Chipd Cookie Bar will respond promptly to notices of alleged infringement that are reported to Chipd Cookie Bar, or its Designated Copyright Agent, at the address given below:
At Chipd Cookie Bar, we tried to answer all inquiries within 2 to 5 business days but cannot guarantee response within that timeframe.
10. Disclaimer of Warranties
CHIPD COOKIE BAR DOES NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THIS SITE, INCLUDING ANY CONTENT OR INFORMATION CONTAINED WITHIN IT OR ANY SITE-RELATED SERVICE, IS PROVIDED “AS IS,” WITH ALL FAULTS, WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY OF INFORMATION, QUIET ENJOYMENT, AND TITLE/NON-INFRINGEMENT. CHIPD COOKIE BAR DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR TIMELINESS OF THE INFORMATION OBTAINED THROUGH THE SITE.
YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THIS SITE, AND ITS SITE-RELATED SERVICES. CHIPD COOKIE BAR DOES NOT WARRANT AND ASSUMES NO LIABILITY FOR ANY VIRUSES, WORMS, TROJAN HORSES OR OTHER DESTRUCTIVE PROGRAMMING THAT MAY BE TRANSMITTED TO THE SITE BY A THIRD PARTY. YOU ARE RESPONSIBLE FOR IMPLEMENTING PROCEDURES SUFFICIENT TO SATISFY YOUR NEEDS FOR DATA BACK UP AND SECURITY.
11. Limitation of Liability Regarding Use of the Site
To the fullest extent permitted by applicable law, Chipd Cookie Bar shall not be liable for any damages, loss of profits or revenue for indirect, incidental, punitive, exemplary, special, or consequential damages or damages or costs due to loss of data, production, or use, business interruption or procurement of substitute goods or services, whether or not Chipd Cookie Bar has been advised of the possibility of such damages occurring.
Chipd Cookie Bar may, at its sole discretion, discontinue or modify the Services provided, and may suspend, restrict, modify, terminate, and/or discontinue User access to Services, for any reason, with or without notice, and without any liability to you or any third party. In addition, Chipd Cookie Bar reserves the right to refuse to provide any User with any future access, visitation, and/or use of the Service. Chipd Cookie Bar assumes no responsibility for the timeliness, deletion, or failure to store any content, including (but not limited to) content creation, information, user communications, or personalized settings.
The Service herein is controlled and offered by Chipd Cookie Bar in the United States of America. Chipd Cookie Bar makes no representation that the Service is appropriate or shall be available for use in other locations and countries. Those who access or use this Service in other countries must do so in accordance with this agreement, as the same may or may not be regulated or changed by local governing law and utilize the services at their own risk and volition.
CHIPD COOKIE BAR AND ANY THIRD PARTIES MENTIONED ON THIS SITE ARE NEITHER RESPONSIBLE NOR LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOST PROFITS, LOST DATA, OR BUSINESS INTERRUPTION) ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, SITE-RELATED SERVICES, CONTENT OR INFORMATION CONTAINED WITHIN THE SITE, AND/OR ANY LINKED WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, SITE-RELATED SERVICES, AND/OR LINKED WEBSITES IS TO STOP USING THE SITE AND/OR THOSE SERVICES.
12. Dispute Resolution
Chipd Cookie Bar will try to work in good faith to resolve any issue you have with the Site, if you bring that issue to the attention of the Site administrator. However, we realize that there may be cases where we may not be able to resolve an issue to a User’s satisfaction. In the event we cannot resolve a dispute between us, you agree that all matters related to any use or access of the Site, the Services or any other Chipd Cookie Bar site will be governed by the laws of the State of Pennsylvania, without regard to its conflicts of laws rules. You hereby waive any objections to such jurisdiction or venue. Any claims or controversies arising out of this Agreement, and/or the related use and access of the Site, the Services or any other Chipd Cookie Bar site, shall be exclusively in the state and/or federal courts of the State of Pennsylvania, and you consent to the personal jurisdiction of those courts over you with respect to claims or controversies arising out of this Agreement.
13. Force Majeure
We will not be deemed to be in breach of these terms or liable for any breach of these terms or our privacy policy due to any event or occurrence beyond our reasonable control, including without limitation, acts of God, terrorism, war, invasion, failures of any public networks, electrical shortages, earthquakes or floods, pandemics, civil disorder, strikes, fire or other disaster.
14. Indemnity
You agree to defend, indemnify and hold Chipd Cookie Bar harmless from and against all third party claims, damages and expenses (including reasonable attorneys’ fees) against or incurred by Chipd Cookie Bar arising out of your use of the Site, and/or breach of these Terms of Use and/or violation of applicable law, and/or access by anyone accessing the Site using your user ID and password. Notwithstanding the foregoing or anything to the contrary herein, should your use be on behalf of your employer, Chipd Cookie Bar shall only exercise its rights in this Section against you after first addressing applicable claims with an authorized representative of your employer should you be accessing the Site or Services through your employer in order to determine whether the claims can be resolved beforehand without such recourse.
15. Right to Modify Revisions; General
Chipd Cookie Bar reserves the right to modify these Terms of Use at any time, effective upon posting. Any use of this website after such changes will be deemed an acceptance of those changes. You agree to review the Terms of Use each time you access this website so that you may be aware of any changes to these Terms. Chipd Cookie Bar may use Google Analytics, a third party tracking service, which uses cookies to track non-personal identifiable information about our visitors to our main site in the aggregate to capture usage and volume statistics. Chipd Cookie Bar has no access to or control over these cookies. The companion Privacy Policy covers the use of cookies by Chipd Cookie Bar only and does not cover the use of cookies by any third party. Chipd Cookie Bar reserves the right, in its sole discretion, to terminate your access to all or part of this Site, with or without cause, and with or without notice. In the event that any of the Terms of Use are held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be interpreted to be limited or eliminated to the minimum extent necessary so that these Terms of Use shall otherwise remain in full force and effect. These Terms of Use constitute the entire agreement between Chipd Cookie Bar and you pertaining to the subject matter hereof. In its sole discretion Chipd Cookie Bar may from time-to-time revise these Terms of Use by updating this posting. You should, therefore, periodically visit this page to review the current Terms of Use, so you are aware of any such revisions to which you are bound. Certain provisions of these Terms of Use may be superseded by expressly designated legal notices or terms located on particular pages within this Site.
Copyright © 2024 Chipd Cookie Bar LLC.