2. General Use of the KookieNow™ Site
You must be 18 years old or the age of majority in your jurisdiction, whichever is greater, to purchase products through the Site. If you are less than 18 years old or less than the age of majority in your jurisdiction, whichever is greater, you may not purchase products through the Site. The Site is not intended for children less than 16 years old. If you are less than 16 years old, you may browse the Site. However, you may not make any purchases on the Site, become a
registered user of the Site, or provide your information to us.
You understand and agree that you may not (a) interfere or attempt to interfere with the proper working of the Site; (b) bypass any measures we may use to prevent or restrict access to the Site or accounts associated with the Site; (c) collect or store information about Site users without authorization, including for purposes of transmitting or helping others transmit unsolicited marketing or other electronic communications; (d) run any form of auto-responder or “spam” on the Site; or (e) use manual or automated software, devices, or other processes to “spider” or “crawl,” the Site or to collect or scrape any content or information from the Site.
3. Account Information
In order to access certain features on the Site, register as a KookieNow™ Baker, or create a customer account, you must first log in, either by using an existing social media account or by creating an account using an email address and password of your choice. You agree to (i) provide true, accurate, current, and complete information about yourself as prompted by the applicable registration form, and (ii) maintain and promptly update such information to make sure it is true, accurate, current, and complete.
You are responsible for maintaining the confidentiality of your account and password. You agree to (a) not allow any third party to use your account or password under any circumstances; (b) immediately notify KookieNow™ of any unauthorized use of your account or password or any other breach of security; (c) make sure that you exit from your account at the end of each session; and (d) not store your account information on public or third-party computers, mobile phones, or other devices. You understand and acknowledge that you are fully responsible and liable for all activities and charges, including, but not limited to, product purchases, that occur
under your account or password. You understand and agree that KookieNow™ will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with these requirements or any theft, misappropriation, disclosure, or unauthorized use of your login information.
Without limiting any rights we may otherwise have, KookieNow™ reserves the right to take any action we deem reasonable or necessary to protect the security of your account, including, but not limited to, asking you to change your password, requesting additional information in order to authorize any purchases or other actions under your account, or terminating your account.
4. Fraud Prevention
KookieNow™ routinely screens product orders for fraud or other illegal or unauthorized activity. We reserve the right to cancel product orders or refuse to ship to certain addresses due to suspected fraud or illegal or unauthorized activity.
5. Consent to Receive Electronic Communications
6. Intellectual Property Rights
KookieNow™ grants you a nonexclusive, limited, revocable, non-transferable license to access and use the KookieNow™ Materials solely for your non-commercial personal use, including downloading one copy of the KookieNow™ Materials on any single computer, provided you keep intact any copyright, trademark, and other proprietary notices on the KookieNow™ Materials and do not modify the KookieNow™ Materials in any way. You may not modify, reuse, or re-post the KookieNow™ Materials or use the KookieNow™ Materials for public or commercial purposes without KookieNow™’s prior written permission. Without limiting the forgoing, you agree not to use the KookieNow™ Materials for any other use or purpose.
The Site contains valuable trademarks owned and used by KookieNow™. KookieNow™ uses these trademarks to distinguish its goods and services from those of others. The Site may also contain references to other entities’ trademarks and service marks. Such references are for identification purposes only and are used with permission of their respective owners. KookieNow™ does not claim ownership in, or any affiliation with, any third-party trademarks or service marks appearing on the Site. You agree not to use or display trademarks without the prior written consent of KookieNow™ or the owner of such mark.
8. Product Information
All materials and information, as well as any products, services, tools, applications, features, and functionalities, provided by KookieNow™ on or through the Site are for informational purposes only and are not in any way intended to provide business advice or training.
None of the KookieNow™ products are created in a commercial kitchen. Therefore, KookieNow™ is not responsible for the conditions of kitchens where kookies are made, or ingredients in, any kookies sold through www.kookienow.com
We strive to be as accurate as possible in describing our products and services on the Site, and conduct self sanitation checks of our Bakers, but make no warranty of the taste, safety, or otherwise. Flavors in particular may vary, depending on your individual Bakers. Additionally, the Site may contain typographical errors, inaccuracies, or omissions. We reserve the right to correct any such errors, inaccuracies, or omissions at any time without prior notice, including with respect to product pricing and availability. To the extent product orders are placed based on incorrect pricing or availability, KookieNow™ reserves the right to cancel such orders.
9. Third-Party Links
The Site may contain links to pages on other sites, and those sites may offer products, services, or other resources. KookieNow™ does not make any representation with respect to the quality, non infringement, accuracy, completeness, timeliness, or reliability of any materials, information, services, or products offered on such sites. Because KookieNow™ has no control over such sites and resources, you acknowledge and agree that KookieNow™ has no responsibility for the accuracy of information provided by, or available via, other sites. Links to external sites do not constitute an endorsement by KookieNow™ of the sponsors of such sites or the content, products, advertising, or other materials presented on those sites. You further acknowledge and agree that KookieNow™ is not responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused, by or in connection with use of or reliance on any such content, goods or services available on these other sites or resources.
10. User Conduct and User Submissions
We may permit users to submit material for posting on the Site, including, without limitation, photographs, videos, information, ideas, comments, blogs, audio, suggestions, or other materials (collectively, the “Submitted Materials”). KookieNow™ does not warrant or make any representation whatsoever, and does not make any guarantee regarding, the quality, non-infringement, accuracy, completeness, timeliness, reliability, or any other attribute of the Submitted Materials. The Submitted Materials are the sole responsibility of the party posting such Submitted Materials.
You are entirely responsible for everything you upload, post, email, or otherwise make available on the Site. By uploading, posting, emailing, or otherwise making available any Submitted Materials on the Site you hereby: (i) grant to KookieNow™ a non-exclusive, royalty-free, transferable, perpetual, worldwide license to copy, distribute, publish, retain, improve, prepare derivative works of, and commercialize the Submitted Materials; and (ii) release KookieNow™ from any claims related to defamation, invasion of privacy, rights of publicity, copyright, or any other legal or financial responsibility that may arise regarding the use of any image, name, voice, and likeness embodied in the Submitted Materials.
With respect to any and all Submitted Materials and any other information or material submitted by you, you hereby warrant and represent that such Submitted Materials: (a) are true, accurate, authorized, and complete; (b) are not unlawful, obscene, fraudulent, indecent; do not defame, abuse, harass, or threaten others; and are not hateful or racially, ethnically, or otherwise objectionable; (c) do not contain any software viruses, Trojans, worms, bombs, or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment or that may damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or personal information; (d) do not advocate or encourage any illegal activity; (e) do not infringe the copyright, patent, trademark, trade secret, right of publicity, or other intellectual property, proprietary, contractual, personal, or other right of any third party; (f) do not violate the privacy of individuals, including other users of the Site, and do not impersonate any other person or entity; and (g) do not violate any applicable local, state, national, or international law.
11. Disclaimer of Content
KookieNow™, in its sole discretion, may at any time refuse or delete Submitted Materials it deems inappropriate, illegal, or harmful to others. KookieNow™ does not undertake any obligation to monitor the Site for such material. The views, opinions, and accuracy of information posted on the Site are the responsibility of the poster. KookieNow™ does not control, verify, or endorse any Submitted Materials or any other information or content not originating from KookieNow™ or KookieNow™’s licensors. KookieNow™ is not responsible for any person’s misuse or misappropriation of any KookieNow™ Materials, Submitted Materials, or any other information contained on the Site or linked from the Site.
12. Contests and Special Features
13. Copyright Infringement Complaints – Digital Millennium Copyright Act Notice
KookieNow™ respects others’ intellectual property rights and has made every effort to secure appropriate clearances for all content that KookieNow™ directly makes available on the Site, and we ask our users to do the same. KookieNow™ may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who it suspects to be infringers of intellectual property. If you believe any material on the Site is infringing and has been posted by KookieNow™, our users, or any other party, you may notify KookieNow™ of the alleged infringement by contacting KookieNow™ at:
18124 Wedge Parkway, #945
Reno, NV 89511
Please include the following information in your notice:
(i) Identification of the work(s) claimed to have been infringed and a statement of ownership to such work(s);
(ii) Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
(iii) Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and e-mail address at which you may be reached;
(iv) A statement that you have 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;
(v) A statement, under penalty of perjury, that the information in the notification is accurate and that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
(vi) Your physical or electronic signature.
14. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
(i) YOUR USE OF THE SITE IS AT YOUR SOLE RISK. ANY CONTENT OR INFORMATION CONTAINED WITHIN THE SITE IS PROVIDED “AS IS” AND “AS AVAILABLE” WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND. KookieNow™ DOES NOT WARRANT THAT THE FUNCTIONS ON THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS IN OR ON THE SITE WILL BE CORRECTED, OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;
(ii) TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, KookieNow™ AND ITS OWNERS, MEMBERS, PARENTS, SUBSIDIARIES, AFFILIATES, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, AND LICENSORS DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING (BUT NOT LIMITED TO) THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT;
(iii) ANY KookieNow™ MATERIALS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. UNDER NO CIRCUMSTANCES WILL KookieNow™ BE LIABLE IN ANY WAY FOR ANY KookieNow™ MATERIALS, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE MISUSE OF ANY MATERIAL POSTED, EMAILED, OR OTHERWISE TRANSMITTED VIA THE SITE;
(iv) THE SITE AND KookieNow™ MATERIALS ARE FOR INFORMATIONAL PURPOSES ONLY. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO THE USE OF SITE MATERIALS TO ACHIEVE YOUR INTENDED RESULTS. YOU ASSUME ALL RESPONSIBILITIES AND OBLIGATIONS WITH RESPECT TO ANY DECISIONS OR ADVICE MADE OR GIVEN AS A RESULT OF THE USE OR APPLICATION OF ANY SITE MATERIALS, INCLUDING ADVICE YOU GIVE TO ANY THIRD PARTY; AND
(v) IF YOU FIND ANY MATERIAL ON THE SITE OBJECTIONABLE, YOU SHOULD NOT USE THE SITE.
15. LIMITATION OF LIABILITY
(i) YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL KookieNow™ OR KookieNow™’S PARENTS, SUBSIDIARIES, OR AFFILIATES, ANY OF THEIR RESPECTIVE SPONSORS, CONTRACTORS, VENDORS, SUCCESSORS, ASSIGNS, OR LICENSEES, OR ANY OF THEIR RESPECTIVE OWNERS, MEMBERS, MANAGERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR REPRESENTATIVES (COLLECTIVELY, THE KookieNow™ RELEASED PARTIES”) BE RESPONSIBLE OR LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OF ANY KIND OR NATURE, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES ARISING OUT OF OR RELATING IN ANY WAY TO THE SITE, THE USE OR THE INABILITY TO USE THE SITE, UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, THE MATERIALS AVAILABLE ON THE SITE, STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OR IN CONNECTION WITH THE SITE, OR ANY OTHER MATTER RELATING TO THE SITE OR INFORMATION CONTAINED WITHIN THE SITE, EVEN IF ANY OF THESE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY DAMAGES.
(ii) YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR SITE-RELATED MATERIALS IS TO STOP USING THE SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY AND RELEASE IS MADE WITH THE KNOWING INTENT OF RELEASING ALL KNOWN AND UNKNOWN CURRENT AND FUTURE CLAIMS AND WITH THE INTENT OF WAIVING ALL RIGHTS UNDER NEVADA LAWS OR OTHER LAWS REQUIRING SIMILAR WAIVERS TO BE KNOWN.
KookieNow™ reserves the unrestricted right, in its sole discretion, to restrict, suspend, or terminate your access to or use of the Site and/or to terminate the licenses granted herein at any time for any reason. You understand and agree that any termination of your access or use of the Site may be effected without prior notice to you, and that such termination may result in the forfeiture and destruction of all information and content associated with you and your activities on the Site.
18. Dispute Resolution
19. Agreement to Arbitrate Disputes (United States)
For individuals or entities located in the United States, you also agree to the provisions of this section with respect to dispute resolution.
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY. BY ELECTING ARBITRATION, YOU AND KookieNow™ AGREE THAT DISPUTES MUST BE RESOLVED THROUGH BINDING ARBITRATION AND WAIVE THE RIGHT TO HAVE DISPUTES HEARD IN COURT AS DESCRIBED BELOW. THIS SECTION IS REFERRED TO AS THE PARTIES’ “ARBITRATION AGREEMENT.”
What is Arbitration. Arbitration is a method of resolving claims, disputes, and other controversies without filing a lawsuit. By agreeing to arbitrate, the right to go to court is waived, and instead disputes are referred to an arbitrator for final and binding resolution.
Applicable Law, Rules, and Venue.
For individuals or entities located in the United States, the interpretation and enforcement of this Arbitration Agreement shall be governed by the Federal Arbitration Act (or “FAA”). Subject to the class action waiver and specific procedures described below, any arbitration shall be administered by the American Arbitration Association (“AAA”), and the arbitration shall be commenced and proceed pursuant to its AAA Commercial Arbitration Rules, except as modified herein. More information concerning AAA can be found on its website (https://www.adr.org/), including the AAA Commercial Arbitration Rules (https://www.adr.org/sites/default/files/ Commercial%20Rules.pdf). Arbitration shall take place in Washoe County in the State of Nevada in the United States
Arbitrator Award. The arbitrator shall issue a written award in accordance with applicable arbitration rules. The award shall be limited to deciding the obligations and rights in the specific dispute between the parties. The arbitrator may impose equitable relief against a party only if sought by the other party. Judgment upon the award rendered by the arbitrator may be entered in any court located within the applicable venue, as set forth in these terms and conditions, and that judgment shall be final and non-appealable.
Severability. With the exception of the class action waiver set forth above, if any provision in this Arbitration Agreement is declared to be unenforceable for any reason, the remainder shall remain in effect.
Fees. The parties will each bear their own costs and expenses and an equal share of the (i) cost of the arbitrator and (ii) administrative fees of arbitration.
Confidentiality. Except as may be required by law, neither the parties nor the arbitrator may disclose sensitive, confidential, or proprietary information obtained in connection with the arbitration. The arbitrator shall be authorized to issue protective orders relating to the disclosure of such information.
20. Governing Law and Venue
22. Miscellaneous Provisions
23. Contact Us
Last Updated: March 8, 2021