Acceptance of the Terms of Use

These terms of use are entered into by and between You and Tiff’s Treats Holdings, Inc., and its affiliates and subsidiaries (collectively, “Company,” “We,” “Our,” or “Tiff’s Treats”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these "Terms of Use"), govern your access to and use of cookiedelivery.com, including any content, functionality and services offered on or through cookiedelivery.com and the Tiff’s Treats mobile or desktop applications (collectively, the "Website"), whether as a guest or a registered user.  These Terms of Use also apply to the purchase and sale of products and subscriptions through the Website. In addition, when using or accessing certain services from the Website, users will be subject to additional terms and conditions applicable to such services. 

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Website. For information regarding our privacy practices in connection with the Website, please review our Privacy Policy found at www.cookiedelivery.com/Footer-Nav/Privacy-Policy.aspx.
 
ARBITRATION NOTICE
 
Note that these terms provide for binding arbitration in disputes, controversies, or claims (collectively “Disputes”) arising between you and Tiff’s Treats that limit the remedies available to you in the event of a Dispute.  Please review the section below entitled Arbitration and if you do not agree with it, you must not access or use the Website.

This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Website.

Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page each time you access the Website so you are aware of any changes, as they are binding on you. 

Accessing the Website and Profile Security

We reserve the right to withdraw or amend the Website, and any feature, product, service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

You are responsible for:

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information to create an account ("Profile"). It is a condition of your use of the Website that all the information you provide on the Website is correct, current and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Profile is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Profile at the end of each session. You should use particular caution when accessing your Profile from a public or shared computer so that others are not able to view or record your password or other personal information.

You acknowledge and agree that you are responsible for all activities that occur under your Profile. We have the right to disable any user name, password or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Terms Specific to the CookieVision® Augmented Reality Services
 
The CookieVision application (“CookieVision”) is Tiff’s Treats’ augmented reality experience that we may make available from time to time to you on the Website, which allows you to record short video messages for recipients of Tiff’s Treats products and services and that can be shared via social media. Any such videos or content created by you through CookieVision (“CookieVision Content”) shall be considered User Contributions, as defined below.
 
We grant you a limited, terminable, non-sublicensable, non-transferable, non-exclusive license to access and use the CookieVision on any device that you own or control, solely for your personal, non-commercial use in connection with CookieVision. These Terms of Use will also govern any software upgrades provided by Tiff’s Treats that replace and/or supplement the original CookieVision, unless such upgrades are accompanied by a separate license, in which case the terms of that license will govern. You represent and warrant that you will use CookieVision in accordance with all applicable contracts, laws, rules and regulations.
 
When CookieVision Content is created with CookieVision, a redemption code with which to access the CookieVision Content on the Website is generated and provided to the recipient. Redemption codes are only valid for 30 days, at which time, the redemption code shall expire, no longer be valid, and the related CookieVision Content will be permanently unavailable.
 
While using CookieVision, please be aware of your surroundings and use CookieVision and the Website safely. You agree that your use of CookieVision is at your own risk, and it is your responsibility to maintain such insurance policies as you deem reasonably necessary for any injuries that you may incur while using CookieVision. You also agree not to use CookieVision to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass), and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limiting the foregoing, you agree that in conjunction with your use of CookieVision, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, Tiff’s Treats, on behalf of itself and officers, agents, directors and employees, expressly disclaims all liability related to any property damage, personal injury, or death that may occur during your use of CookieVision, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of CookieVision or the Website, you release Tiff’s Treats and our officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

Gift Card
 
You can purchase a Tiff’s Treats gift card (“Gift Card”) electronically or a physical card.  The risk of loss and title to any Gift Cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable.  You are responsible for all transactions associated with your Gift Card, whether authorized or unauthorized.  Unless otherwise required by law, Gift Cards are non-refundable and can only be exchanged for cash or check, upon request, if the balance is less than $5.00. No refund will be provided for any promotional Gift Card provided by Tiff’s Treats, including Cookie Cash®.  You may check your balance online at https://www.cookiedelivery.com/OnlineOrdering/GiftCardBalance, by contacting Customer Support at customerservice@cookiedelivery.com, or at any Tiff’s Treats retail location.  No service, inactivity, or other fees will be charged to the Gift Cards.  Gift Cards do not expire (except for promotional Gift Cards provided by Tiff’s Treats and Cookie Cash).  The Gift Card is void if used for any illegal activity as defined by law.  Gift Cards cannot be used to purchase a Tiff’s Treats Elites® membership or Gift Cards.  If you chose to mail a Gift Card at the time of purchase, it will be mailed via United States Postal Service.        
 
Terms Specific to the Tiff’s Treats Elite® Membership
 
Your purchase of a Tiff’s Treats Elite membership is subject to the full Tiff’s Treats Elite terms and conditions, available at https://www.cookiedelivery.com/footer-nav/elites-terms-conditions.aspx, which is incorporated in these Terms of Use by reference.

Terms Specific to the Cookie Concierge Service
Through the Cookie Concierge service, you can request that Tiff’s Treats print your company logo on the product packaging. By placing an order for Cookie Concierge services from this site, you act as agent for the logo owner and accept the terms and conditions on behalf of the logo owner and bind logo owner to this agreement. You agree to grant Tiff’s Treats a non-exclusive royalty free license to print your company logo on product packaging. You grant Tiff’s Treats the right to copy, modify, distribute, use, upload, download, store, format, and/or create derivative works of any content you have submitted or uploaded for the purpose of fulfilling your order.
 
If you upload, email, or otherwise submit to Tiff’s Treats any logo for your Cookie Concierge order, you unconditionally guarantee, represent, and warrant that you have all appropriate and necessary right and authority on behalf of the logo owner to:

• submit such a request and enter into this agreement;
• use the subject logo;
• grant Tiff’s Treats permission to print your company logo on products on your behalf and distribute or deliver such products to you and to third parties; and
• confirm that Tiff’s Treats’ printing of your company logo on product packaging will not infringe any trademark, copyright, or other right of any other party.

 
Tiff’s Treats reserves the right to refuse to print any logo, design, or text that it determines, in its sole discretion, is offensive, illegal, derogatory, vulgar, harassing, discriminatory, obscene, hateful, defamatory, or otherwise objectionable.
 
You agree on behalf of the logo owner to defend, indemnify and hold harmless Tiff’s Treats, its affiliates, agents, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising directly or indirectly from:
 

• Your breach of any clause of this agreement; and
• Any claim that the logo or other content you submitted to Tiff’s Treats infringes the intellectual property rights or other rights of any third party.

 
Terms Specific to the Tiff’s Treats Blue Ribbon Club™ Cookie of the Month Subscription
 
By purchasing a prepaid Tiff’s Treats Blue Ribbon Club™ Cookie of the Month Subscription (“Subscription”), you agree and acknowledge that the Subscription has an initial pre-payment for the applicable length of service selected by you (three, six or twelve months). Subscriptions are not available in all areas.
 
Recipients will receive notification of Subscription (along with a gift message, if applicable) upon the completion of your purchase. Deliveries under the Subscription will start in the next calendar month after purchase and will continue until the end of the term of the selected Subscription. The Subscription will NOT be renewed after the then-current term expires.
  
Subscription recipients will receive an email at the beginning of each month informing them of their Blue Ribbon Club Cookie of the Month flavor and inviting them to schedule their delivery for that month. All delivery addresses must be within the local delivery range of a Tiff's Treats location. Subscriptions are for deliveries of 1/2 order of the Blue Ribbon Club Cookie of the Month flavor and ½ order of Tiff’s Mix® or another flavor selected by the recipient when scheduling their delivery.
 
All deliveries are subject to our Delivery Policy except where noted herein. The dates and times available for delivery are subject to the windows of availability of the Tiff’s Treats location closest to the recipient’s address. As business dictates, there may be a few days during the year we reserve solely for non-Subscription deliveries (including, Valentine’s Day and a few days prior, Mother’s Day, and any other day as we may decide), but we will always let the recipient know when they schedule the delivery for that month.
 
We will send a reminder email to the Subscription recipient if they fail to schedule their delivery within a reasonable timeframe after our initial email at the beginning of the month. If the recipient still does not schedule their Subscription delivery, we will deliver the Blue Ribbon Cookie of the Month flavor with Tiff’s Mix at a date and time of our choosing to the address provided when the Subscription was purchased.
 
Subscriptions cannot be paused and months cannot be skipped, but fortunately, our delivery days and windows can accommodate most schedules.
 
You may cancel the Subscription at any time by contacting our team at customerservice@cookiedelivery.com. If you cancel the Subscription before the end of the calendar month which it was purchased (i.e., before the first full month of the Subscription), then we will immediately cancel the Subscription and refund you the entire amount of the Subscription purchase. If you cancel any time following the month of purchase, we will provide you a pro-rated refund to your original payment method for any remaining full calendar months remaining in the Subscription. We have the right to accept or refuse any Subscription in our discretion. We may cancel your Subscription at any time and for any reason, but if we do so, we will provide a pro-rated refund to your original payment method for any remaining full calendar months remaining in the Subscription.   
 
 
Transactions

If you wish to purchase any product or service made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and delivery information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to Tiff’s Treats the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
 
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. By placing an order, you represent that the products ordered will be used only in a lawful manner. Tiff’s Treats reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. The Website may contain information about products that are not available in every location. A reference to a product on the Website does not imply or guarantee that it is or will be available in your location or at the time of your order.
 
You agree that by placing an order on the Website, you are entering into a binding contract with Tiff’s Treats and agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all delivery charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions. In the event of an error, we reserve the right, in our sole discretion and subject to these Terms of Use, to correct such errors and revise your order accordingly (including charging the correct price) or to cancel your order and issue you a credit refund.
 
Promotions

Tiff’s Treats may periodically offer marketing promotions, including but not limited to discount codes, coupons, price reductions, sweepstakes, and contests (collectively, “Promotions”). Separate terms may govern any Promotion. The Promotion rules will govern any conflict between these Terms of Use and the Promotion terms. If you participate in any Promotions, please review the applicable rules as well as our Privacy Policy located at www.cookiedelivery.com/Footer-Nav/Privacy-Policy.aspx. Promotions are void where prohibited by law.

Promotions are limited, subject to change at any time, only good for the dates indicated, and may expire or be discontinued without notice to you. Certain Promotions may only be available via the Website and not in the physical Tiff’s Treats stores. Promotional codes and coupons are not redeemable for cash. Promotional codes and coupons may not be copied, sold, or otherwise transferred. Tiff’s Treats shall not be liable to you or any other person in connection with any Promotion for any reason. Tiff’s Treats may adjust values if the total discount value is greater than the value of your order.

A Cookie Cash® coupon may be provided during certain Promotions and at the Company’s sole discretion. A Cookie Cash coupon will be distributed via email to the email address you provide during the Promotion. Cookie Cash is not legal tender, has no cash value, and cannot be redeemed for cash. A Cookie Cash coupon can be redeemed only during the dates indicated. A Cookie Cash coupon may not be used to purchase Gift Cards (defined above), for taxes or state fees, delivery charges, or a Tiff’s Treats Elites® membership. You can redeem your Cookie Cash coupon in store or on the Website. If you cancel an order for which you used a Cookie Cash coupon AND the Cookie Cash coupon has not expired at the time of cancellation, the Company will reissue the Cookie Cash coupon used on the cancelled order. The same expiration date will continue to apply. Cookie Cash is non-transferable and may not be reproduced or sold. You have no ownership interest in Cookie Cash, and it does not constitute property.
 
SMS Texts Terms and Conditions.

Enrollment in our mobile SMS messaging service (“Tiff’s Texts”) requires you to provide your mobile phone number and to agree to these terms and conditions. By opting in to Tiff’s Texts, you represent and confirm that you are the account holder for the telephone number(s) that you enroll in the Tiff’s Texts program and that you are authorized to grant us the right to send text messages to that number. You may not enroll if you are under 18 years old.  Tiff’s has the right to stop offering Tiff’s Texts at any time with or without notice.  Tiff’s also reserves the right to change the short code or phone number from which we send you messages, and we will notify you when change such code or phone number.

You expressly consent to receive marketing and/or non-marketing text messages, as applicable, from or on behalf of Tiff’s. You are not required to consent to receiving such messages as a condition of purchasing any property, any goods, or any services. Please consult with your mobile carrier about whether your mobile plan and/or device are capable of receiving text messages. Your agreement with your mobile carrier governs your message and data rates. You acknowledge that you are responsible for any charges incurred from using the Tiff’s Texts program. We may also provide details of your transaction with us to you via text. Text messages may include, but are not limited to, text messages that may be made with an autodialer, which is an automatic telephone dialing system. You may opt-out of these communications at any time. The process to opt out of the Tiff’s Text program is set forth below. Please note that opting out of the Tiff’s Text program will only apply to text messages from us under the Tiff’s Text program. You must unenroll from our email program and any other communication programs with us separately. Please also note that MMS messages may be sent to you from our contractors to confirm the delivery of your order or to provide updates on your order from such contractor. You cannot opt out of receiving these messages unless you stop using our services and delete your account.

Deliveries
 
All deliveries are subject to our Delivery Policy. Please note that you are responsible for reviewing the contents of your delivery and inspecting all of the products contained therein for any defects or other problems upon delivery. Upon the completion of your review of the delivery, we recommend that you immediately place all perishables in your refrigerator and any frozen products in your freezer to ensure the such product’s integrity. The risk of loss and/or damage passes to you at the time of delivery. We highly recommend that you review the USDA’s instructions on safe food handling, which can be found here. All items are solely at your risk from the time of delivery and thus you are solely responsible for any storage of the contents of any order.
 
Intellectual Property Rights

The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the material on our Website, except as follows:

You must not:

You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.

If you wish to make any use of material on the Website other than that set out in this section, please address your request to: customerservice@cookiedelivery.com.

If you print, copy, modify, download or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark and other laws.

Trademarks

The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

Prohibited Uses

You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:

Additionally, you agree not to:

User Contributions

The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features, such as CookieVision (collectively, "Interactive Services") that allow users to create, post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms of Use.

Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual, nonexclusive, irrevocable, transferable, sublicensable, worldwide right and license to use, reproduce, modify, publicly perform, publicly display, distribute, create derivative works based upon, and otherwise disclose to third parties any such User Contribution for any purpose without the payment to you of any fee or royalty. You hereby acknowledge and agree that the use of Website is sufficient consideration for the grant of this license to us.

You represent and warrant that:

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.

We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Website. We cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
 
Any ideas, recommendations, proposals, feedback, or other materials (collectively “Feedback”), provided by you regarding the Website or otherwise, shall be considered a User Contribution.  You agree that such Feedback is unsolicited, without restriction, is not confidential, gratuitous as provided by you, Tiff’s Treats is free to use such Feedback for any purpose and does not place Tiff’s Treats under any fiduciary or other obligation.  
 

• Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public or could create liability for the Company;
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
• Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms of Use.

• Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
• Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy;
• Be likely to deceive any person;
• Promote any illegal activity, or advocate, promote or assist any unlawful act;
• Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
• Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
• Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

• Link from your own or certain third-party websites to certain content on this Website;
• Send e-mails or other communications with certain content, or links to certain content, on this Website; or
• Cause limited portions of content created on, or User Contributions created by, this Website to be displayed or appear to be displayed on your own or certain third-party websites.

• Establish a link from any website that is not owned by you;
• Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
• Link to any part of the Website other than the homepage; or
• Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.