Last Updated: November 15, 2016
Please read these Terms of Service (“Terms”) carefully before using the www.MattsCookies.com website (the “Site”) which is owned and operated by Matt’s Cookie Company (“Matt’s Cookies” “we” “us”, “our”). By accessing our using the Site, or making a purchase from us, you agree to be bound by these Terms and all of the terms incorporated herein by reference. If you disagree with any part of these Terms, including the mandatory arbitration provision and class action waiver in Section 10, then you may not access or use the Site or order products made available through the Site (collectively, the “Products”).
These Terms do not alter the terms or conditions of any other agreement you may have with us. If you are using the Site on behalf of any entity, you represent and warrant that you are authorized to accept these Terms on such entity’s behalf and that such entity agrees to be responsible to us if you or such entity violates these Terms.
We reserve the right to change or revise these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Site or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Site or purchase Products from us following the posting of any changes to these Terms, you confirm your acceptance of the revised Terms. We encourage you to review these Terms frequently to ensure that you understand the terms and conditions that apply when you access and use the Site and purchase Products from us.
The Site is not targeted toward or intended for use by anyone under the age of 18. By using the Site, you represent and warrant that you (a) are 18 years of age or older; (b) are a legal resident of the United States; (c) have not been previously suspended or removed from the Site or engaged in any activity that could result in suspension or removal from the Site; and (d) have full power and authority to enter into these Terms and that doing so will not violate any other agreement to which you are a party.
3. Terms of Sale
These Terms of Sale govern the purchase and sale of Products from and by Matt’s Cookies through the Site:
Pricing and Availability
All prices are shown in U.S. dollars, and taxes, shipping and handling charges are additional. All Products are subject to availability, and we reserve the right to impose quantity limits on any order, cancel all or any part of an order, and discontinue Products without notice, even if you have already placed your order. All prices are subject to change without prior notice.
Payment and Billing Information
By providing a credit card or other payment method that we accept, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your purchase (including any applicable taxes and other charges). If the payment method cannot be verified, is invalid or is otherwise not acceptable, we will notify you and your order may be suspended or cancelled if you do not resolve the issue promptly.
You acknowledge that the amount billed may vary due to promotional offers, or changes in applicable taxes or other charges, and you authorize us (or our third party payment processor) to charge your payment method for the corresponding amount.
We have a Satisfaction Guarantee. If you are unhappy with your purchase please contact us and we will work with you one-on-one to rectify the issue.
We will collect applicable sales tax on Products shipped to the states for which we determine we have a duty to collect sales tax. If an item is subject to sales tax, you agree that the amount of taxes shown at checkout may be adjusted. Several factors may cause this, such as variances between processor programs and changes in tax rates.
We attempt to be as accurate as possible and to eliminate errors; however, we do not warrant that all descriptions, photographs, pricing and other information are accurate, complete, reliable, current or error-free. In the event of an error, whether on the Site, in an order confirmation or in processing an order or delivering a product or service, we reserve the right to correct such error and revise your order accordingly (including charging the correct price) or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund.
Shipping and Handling
You agree to pay any shipping and handling charges shown at the time you make a purchase. We reserve the right to increase, decrease, add or eliminate shipping and handling charges from time to time, but we will provide notice of the charges applicable to you before you make your purchase. Generally, shipping is handled by a third party courier. When you purchase a Product from Matt’s Cookies, any shipping times shown on the Site are estimates only. Actual delivery dates may vary. You agree that you will not obtain, or direct shipment of, a Product for export. All Products purchased from us are made pursuant to a shipment contract. This means that title to and the risk of loss of such Products passes to you upon our delivery of the Product to the third party courier.
We ship to United States addresses only. You are responsible for inspecting all Products you receive from us for any damage or other issues upon delivery. In addition, you are solely responsible for determining the freshness of the Products you receive. We recommend that you follow the USDA’s instructions on safe food handling, which can be found here. If you are not at home when your Products arrive, the courier will generally leave the package for you at your door. Any individual at the delivery address who accepts a delivery from us is presumed to be authorized to receive such delivery. In cases in which you have designated an alternative receiver, such person shall accept the delivery under all of the same terms and conditions that would apply had you accepted the delivery yourself. All packages are delivered without a required signature.
4. Prohibited Conduct
You will not violate any applicable law, contract, intellectual property or other third-party right or commit a tort, and you are solely responsible for your conduct while accessing or using our Site. You will not:
- Engage in any harassing, threatening, intimidating, predatory or stalking conduct;
- Use our Site in any manner that could interfere with, disrupt, negatively affect or inhibit other users from fully enjoying our Site or that could damage, disable, overburden or impair the functioning of our Site in any manner;
- Reverse engineer any aspect of our Site or do anything that might discover source code or bypass or circumvent measures employed to prevent or limit access to any part of our Site;
- Attempt to circumvent any content-filtering techniques we employ or attempt to access any feature or area of our Site that you are not authorized to access;
- Develop or use any third-party applications that interact with our Site without our prior written consent, including any scripts designed to scrape or extract data from our Site;
- Bypass or ignore instructions contained in our robots.txt file, accessible at http://www.mattscookies.info/robots.txt, that controls automated access to portions of our Site; or
- Use our Site for any illegal or unauthorized purpose, or engage in, encourage or promote any activity that violates these Terms.
5. License to Access and Use Our Site and Content
Unless otherwise indicated in writing by us, the Site and all content and other materials contained therein, including, without limitation, the Matt’s Cookie logo and all designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, “Content”) are the proprietary property of Matt’s Cookies or our licensors or users, as applicable, and are protected by U.S. and international copyright laws.
You are hereby granted a limited, nonexclusive, nontransferable, nonsublicensable license to access and use the Site and Content. However, such license is subject to these Terms and does not include any right to (a) sell, resell or use commercially the Site or Content, (b) distribute, publicly perform or publicly display any Content, (c) modify or otherwise make any derivative uses of the Site or Content, or any portion thereof, (d) use any data mining, robots or similar data gathering or extraction methods, (e) download (other than the page caching) any portion of the Site or Content, except as expressly permitted by us, and (f) use the Site or Content other than for their intended purposes. Any use of the Site or Content other than as specifically authorized herein, without our prior written permission, is strictly prohibited and will terminate the license granted herein. Such unauthorized use may also violate applicable laws, including, without limitation, copyright and trademark laws and applicable communications regulations and statutes. Unless explicitly stated by us, nothing in these Terms shall be construed as conferring any right or license to any patent, trademark, copyright or other proprietary rights of Matt’s Cookies or any third party, whether by estoppel, implication or otherwise. This license is revocable at any time.
Notwithstanding anything to the contrary in these Terms, the Site and Content may include software components provided by Matt’s Cookies or a third party that are subject to separate license terms, in which case those license terms will govern such software components.
6. Limited License; Trademarks and Copyrights
“Matt’s Cookies,” the Matt’s Cookies logo and any other Matt’s Cookies Product or service names, logos or slogans that may appear on the Site or Products are trademarks of Matt’s Cookie Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. You may not use any metatags or other “hidden text” utilizing “Matt’s Cookies” or any other name, trademark or Product or service name of Matt’s Cookie Company without our prior written permission. In addition, the look and feel of the Site and Products, including, without limitation, all page headers, custom graphics, button icons and scripts, constitute the service mark, trademark or trade dress of Matt’s Cookie Company and may not be copied, imitated or used, in whole or in part, without our prior written permission. All other trademarks, registered trademarks, Product names and company names or logos mentioned on the Site or Products are the property of their respective owners and may not be copied, imitated or used, in whole or in part, without the permission of the applicable trademark holder. Reference to any Products, services, processes or other information by name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation by Matt’s Cookie Company.
Any questions, comments, suggestions, ideas, original or creative materials or other information you submit about Matt’s Cookie Company or our Products or Site (collectively, “Feedback”), is non-confidential and will become the sole property of Matt’s Cookie Company. We will own exclusive rights, including, without limitation, all intellectual property rights, in and to Feedback and will be entitled to the unrestricted use and dissemination of Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
We reserve the right to terminate or suspend access to our Site immediately, without prior notice or liability, for any reason whatsoever, including without limitation, if you breach the Terms.
All provisions of the Terms which by their nature should survive termination shall survive termination, including without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.
You are granted a limited, nonexclusive, nontransferable right to create a text hyperlink to the Site for noncommercial purposes, provided that such link does not portray Matt’s Cookie Company or any of our Products in a false, misleading, derogatory or otherwise defamatory manner, and provided further that the linking site does not contain any adult or illegal material or any material that is offensive, harassing or otherwise objectionable. This limited right may be revoked at any time. You may not use a Matt’s Cookie Company logo or other proprietary graphic of Matt’s Cookie Company to link to the Site without our express written permission. Further, you may not use, frame or utilize framing techniques to enclose any Matt’s Cookie Company trademark, logo or other proprietary information, including the images found on the Site or Products, the content of any text or the layout or design of any page, or form contained on a page, on the Site without our express written consent.
Matt’s Cookie Company makes no claim or representation regarding the quality, content, nature or reliability of third party websites accessible by hyperlink from the Site or of websites linking to the Site. Such sites are not under our control and we provide these links to you only as a convenience. The inclusion of any link does not imply our affiliation, endorsement or adoption of any site or any information contained therein. When you leave the Site, you should be aware that our terms and policies no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from the Site.
10. Dispute Resolution; Binding Arbitration
Please read the following section carefully because it requires you to arbitrate certain disputes and claims with Matt’s Cookie Company and limits the manner in which you can seek relief from us.
Except for small claims disputes in which you or Matt’s Cookie Company seek to bring an individual action in small claims court located in the county of your billing address or disputes in which you or Matt’s Cookie Company seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property, you and Matt’s Cookie Company waive your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Site resolved in court. Instead, all disputes arising out of or relating to these Terms or our Site will be resolved through confidential binding arbitration held in Cook County, Illinois in accordance with the Streamlined Arbitration Rules and Procedures (“Rules“) of the Judicial Arbitration and Mediation Services (“JAMS“), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS or waive your opportunity to read the rules of JAMS and any claim that the rules of JAMS are unfair or should not apply for any reason.
You and Matt’s Cookie Company agree that any dispute arising out of or related to these Terms or our Site is personal to you and Matt’s Cookie Company and that any 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 Matt’s Cookie Company agree that these Terms affect interstate commerce and that the enforceability of this Section 10 will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq. (the “FAA”), to the maximum extent permitted by applicable law. As limited by the FAA, these Terms and the JAMS Rules, the arbitrator will have exclusive authority to make all procedural and substantive decisions regarding any dispute and 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 these Terms. The arbitrator may only conduct an individual arbitration and may not consolidate more than one individual’s claims, preside over any type of class or representative proceeding or preside over any proceeding involving more than one individual. You and Matt’s Cookie Company agree that for any arbitration you initiate, you will pay the filing fee and Matt’s Cookies will pay the remaining JAMS fees and costs. For any arbitration initiated by Matt’s Cookies, Matt’s Cookies will pay all JAMS fees and costs. You and Matt’s Cookie Company agree that the state or federal courts of the State of Illinois and the United States sitting in Cook County, Illinois have exclusive jurisdiction over any appeals and the enforcement of an arbitration award.
Any claim arising out of or related to these Terms or our Site must be filed within one year after such claim arose; otherwise, the claim is permanently barred, which means that you and Matt’s Cookies will not have the right to assert the claim.
You have the right to opt out of binding arbitration within thirty (30) days of the date you first accepted the terms of this Section 10 by sending us a certified letter to the address listed below. In order to be effective, the opt out notice must include your full name and clearly indicate your intent to opt out of binding arbitration. By opting out of binding arbitration, you are agreeing to resolve Disputes in accordance with Section 11.
11. Governing Law
These terms shall be governed and construed in accordance with the laws of the state of Illinois, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. Any dispute between the parties that is not subject to arbitration or cannot be heard in small claims court will be resolved in the state or federal courts of Illinois and the United States, respectively, sitting in Cook County, Illinois. If any provision of these terms is held to be invalid or unenforceable by a court, the remaining provisions of these terms will remain in effect. These Terms constitute the entire agreement between us regarding our service, and supersede and replace any prior agreements we might have between us regarding the Service.
To the fullest extent permitted by applicable law, you will indemnify, defend, and hold harmless Matt’s Cookie Company and our officers, directors, agents, partners and employees (individually and collectively, the “Matt’s Cookies Parties”) from and against any loss, liability, claim, demand, damages, expenses or costs (“Claims“) arising out of or related to (a) your access to or use of our Site; (b) your User Content or Feedback; (c) your violation of these Terms; (d) your violation, misappropriation or infringement of any rights of another (including intellectual property rights or privacy rights); or (e) your conduct in connection with our Site. You agree to promptly notify Matt’s Cookie Company Parties of any third-party Claims, cooperate with Matt’s Cookie Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees). You also agree that the Matt’s Cookie Company Parties will have control of the defense or settlement, at Matt’s Cookie Company’s sole option, of any third-party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Matt’s Cookie Company or the other Matt’s Cookie Company Parties.
The Site and all content is provided “as is”. And without any warranties of any kind, either express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We attempt to display the Products and other materials and information you view on the Site, including pricing and nutritional information, as accurately as possible. However, we do not guarantee the accuracy of such materials and information. Matt’s Cookie Company does not represent or warrant that our Site is accurate, complete, reliable, current or error-free. While Matt’s Cookie Company attempts to make your access to and use of our Site safe, we cannot and do not represent or warrant that our Site will be free of viruses or other harmful components. Use of this Site is at your own risk.
14. Limitation of Liability
Matt’s Cookie Company and the other Matt’s Cookie Company Parties will not be liable to you under any theory of liability—whether based in contract, tort, negligence, warranty, or otherwise—for any indirect, consequential, incidental, or special damages or lost profits, even if Matt’s Cookie Company and the other Matt’s Cookie Company Parties have been advised of the possibility of such damages.
The total liability of Matt’s Cookie Company and the other Matt’s Cookie Company Parties, for any claim arising out of or relating to these Terms or our Site, regardless of the form of the action, is limited to the greater of (i) the amount paid or (ii) if you have not paid Matt’s Cookies, $100 by you to access or use our Site.
The limitations set forth in this section will not limit or exclude liability for the gross negligence, fraud or intentional misconduct of Matt’s Cookie Company and the other Matt’s Cookie Company Parties or for any other matters in which liability cannot be excluded or limited under applicable law. Additionally, some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitations or exclusions may not apply to you.
These Terms constitute the entire agreement between you and Matt’s Cookie Company relating to your access to and use of our Site. The failure of Matt’s Cookie Company to exercise or enforce any right or provision of these Terms will not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. Except as otherwise provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third party beneficiary rights upon any other person or entity.
16. Contact Us
If you have any questions about these Terms, please contact us at:
Matt’s Cookie Company
482 N. Milwaukee Ave
Wheeling, IL 60090