FAQ
ORDER FULFILLMENT
HOW CAN I PLACE AN ORDER?
Orders can be placed online at https://www.anneliesecookies.com or via email at info@anneliesecookies.com. If you prefer, you may also place your order over the phone. The number to call is 773.505.6485 and we will be happy to assist you.
HOW CAN I BE SURE THAT MY ORDER WENT THROUGH?
Once you have completed the order process you will receive an order number & confirmation email. If you do not receive an email notification, this means that your order did not go through. Please note: If your e-mail address was not entered correctly, order confirmation number will be generated, however you will not receive the e-mail confirmation.
HOW DO I GET MY COOKIES?
Delivery: Deliveries are available within a 10 mile radius of our location, which can be specified when placing your order. There is an $8 fee for deliveries. Please note the customer is fully responsible for the product upon delivery drop-off. We recommend someone be available to receive the delivery.
Pick up: Prearranged pick-ups are available from 9:00 a.m. to 4:00 p.m. CST, Monday through Friday. Orders will be available by noon on the designated pick-up day. Please call or text 773.505.6485 to let us know you are coming.
Shipping: Anneliese’s Cookies can be shipped anywhere in the U.S. Shipping price includes proper packaging for safe arrival, heat-sealed wrapped cookie bags (USDA specifications for food contact), crinkle paper, biodegradable loose fill for the secure packing of cookies, and the appropriate cardboard shipping box. All of our online orders ship nationwide via USPS.
HOW LONG DOES IT TAKE FROM THE DATE COOKIES ARE ORDERED UNTIL THEY ARE AVAILABLE?
A minimum of two days’ notice is needed for most orders. We bake your cookies FRESH after you place your order. Availability is more limited in the days leading up to a holiday. Orders placed Friday after 3:00 p.m. will not get processed until the following Monday. Rush orders, if time allows, are subject to a $10 fee.
DO YOU GUARANTEE SHIPPING? WHAT HAPPENS IF MY PACKAGE ARRIVES LATE OR DAMAGED?
Anneliese’s Cookies cannot guarantee any shipping timelines as we are not the couriers. We are not responsible for lost or delayed cookies in shipments as we are not the couriers. Anneliese’s Cookies is not responsible for carrier delays in transit caused by high package volume, weather, mechanical error, local carrier mis-scans, or inaccurate shipping information.
HOW LONG AFTER I PLACE AN ORDER WITH ANNELIESE’S COOKIES WILL THEY BE SHIPPED?
Shipping orders go out Monday – Thursday. Typically orders ship out 2-3 business days from the order date. All orders received Friday (after 3pm), Saturday, and Sunday will be baked and shipped on Monday. Please be aware of holiday delays that occur every year such as in December with the Christmas rush and plan accordingly when you order. Your treats should arrive 3-6 days after being sent. Your order will be shipped via USPS Priority Mail. We will provide tracking numbers for all packages, shipped via USPS within 24 hours of ship date.
WHEN SHOULD I SHIP TO ENSURE ANNELIESE’S COOKIES ARRIVE FRESH?
If you are trying to ship a gift for a special occasion, we recommend you order for delivery a few days prior to your deadline. While we do not typically experience any delays, we are relying on a third-party carrier and we do want to be sure your gifts are always on time and fresh. * Please note, Anneliese’s Cookies ship Monday – Thursday. We prefer not to ship orders on Fridays so packages avoid sitting on a truck over the weekend. If you have a “cookie emergency”, please call us! We are happy to ship your order as quickly as we can to accommodate your needs. Please note, Friday, Saturday and Sunday are not shipping/delivery days. If you are shipping for a special occasion, we recommend choosing an arrival date 1-2 days in advance.
HOW CAN I TRACK THE PROGRESS OF MY SHIPPING ORDER?
Once your online order has shipped, you will receive a shipment confirmation with a tracking number. Please allow a few hours after receiving your confirmation to see the tracking information.
DO I NEED TO BE HOME TO SIGN FOR MY SHIPPING ORDER?
While USPS does not require a signature for our packages, it is ultimately up to the discretion of the driver as to whether they should leave the package. If the first attempt is unsuccessful, a second attempt will be made, usually on the following business day. Please note – we cannot stress enough – the importance of letting your recipient know that a “surprise” may be arriving. Sometimes packages are left at a side door…or in a mail room of an office…or on a loading dock of a hospital. We want to be sure your recipient receives their thoughtful gift in a timely manner.
IF THE ITEM IS DELAYED IN SHIPMENT OR NOT DELIVERED DUE TO AN INCORRECTLY OR INSUFFICIENTLY ENTERED ADDRESS, WILL ANNELIESE’S COOKIES RESHIP THE ITEM?
Because our products are perishable food items & cannot be restocked once they leave our facility, we cannot be held responsible for orders that are delayed or not delivered because of an incorrect or insufficient address. Please make sure that the shipping address is absolutely accurate before you submit the order.
CAN I PREORDER AND HAVE AN ORDER SHIPPED ON A FUTURE DATE?
Yes. If you would like the shipment of your order to be delayed, please choose the desired delivery date on the calendar during the checkout process.
PAYMENT AND PRIVACY
WHAT FORMS OF PAYMENT DO YOU ACCEPT?
Payments accepted: Visa, Master Card, Discover, American Express, PayPal & Venmo
DO YOU COLLECT SALES TAX?
Only in the states that require it. Any applicable taxes will be included in the final price at checkout.
IS IT SAFE TO ENTER MY CREDIT CARD INFORMATION ON ANNELIESE’S COOKIES’ WEBSITE?
Yes, it is safe. To ensure the safety of your credit card information, Anneliese’s Cookies (https://www.anneliesecookies.com/) uses Secure Socket Layer technology (SSL). SSL is a protocol designed by Netscape Communications that provides encrypted communication. This makes it impossible for anyone besides Anneliese’s Cookies to access your private billing information.
DOES ANNELIESE’S COOKIES SHARE CUSTOMER INFORMATION WITH THIRD PARTIES?
Anneliese’s Cookies does not disclose or sell user personal information to third parties under any circumstances. We value our customers and respect their privacy and the privacy of anyone you share our cookies with. For more information, please refer to
https://www.anneliesecookies.com/important-information/privacy-policy/
IMPORTANT POLICY INFORMATION
Who We Are:
Anneliese's Cookies LLC specialize in delectable made-from-scratch bites of goodness. Using only high-quality ingredients and paying careful attention to detail, our cookies are like no other sweet treat you have tried. Anneliese's Cookies come in a variety of flavors, including almonds, pecans, walnuts, coconut and sprinkles. Our cookies come in gluten-free, sugar-free, and vegan varieties and can be customized to your specific liking, from lemon to lavender flavors.
Use of the Site and cookies:
Our website sometimes uses cookies. Cookies are small text files that are transferred to your computer’s hard drive through your web browser to enable us recognize your browser and help us track visitors to our site. Our site recognizes the information about your computer, such as the browser, IP address, and the home server from which you access the Internet. We keep track of the domains from which people visit our site. Your IP address is used to help identify you, gather demographic data, identify trends and statistics, help diagnose problems with our server, and administer our web site. This information may be aggregated to measure the number of visits, average of time spent on the site, pages viewed...etc. We may use this information to optimize the use of the site and improve the content we offer. Most Web browsers automatically accept cookies, but you can usually change your browser settings to prevent this. However, the cookies we use do not detect any information stored on your computers. For more information about cookies and how to stop cookies from being installed visit the
following website: http://www.allaboutcookies.org
Keep you posted on future products and services:
When you make a booking, request a brochure or sign up for our e-mail updates then we will securely store your contact details in order to contact you with details of products and services we offer that we think you might be interested in. But we undertake not to pass your information to any other third parties for marketing purposes.
Please note: although we are in business to sell baked goods, we are also mindful of your privacy. You may receive communications from us by mail, telephone, or e-mail, however you have the opportunity to advise us about your future intentions of whether you want to receive further information, news, products or services or not. If you would like to be removed from our mailing list, please submit a request to info@anneliesecookies.com.
Use of your E-Mail:
Anneliese’s Cookies LLC will not monitor, edit, or deliberately disclose private communications unless: (A) Required to do so by law; (B) you grant us permission; or (C) in the good faith belief that such action is necessary to: (a) comply with the law; (b) comply with any legal process that is served on Anneliese’s Cookies LLC (c) protect and defend the rights or property of Anneliese’s Cookies LLC (d) or act in urgent circumstances to protect the personal safety of users of Anneliese’s Cookies LLC its Web site, or the public. However, you acknowledge that: (1) there are security and privacy limitations of the Internet which are beyond the control of Anneliese’s Cookies LLC; (2) the security, integrity and privacy of any and all information and data exchanged between you and Anneliese’s Cookies LLC through the Website cannot be guaranteed; and (3) any such information and data may be viewed or tampered with in transit by a third party. However, Anneliese’s Cookies LLC will not be responsible for any issues concerning your data collected by websites that are not directly under our control. Please also be aware that individual organizations operate their own policies regarding the use and sale of personal information and the use of cookies. If you have a concern regarding the way your personal information will be used on other sites then you are advised to read the relevant privacy statement.
Please be assured that Anneliese’s Cookies LLC does not sell your personal information to third parties, but we keep it confidential.
COOKIE/PRODUCT QUESTIONS
HOW LONG WILL ANNELIESE’S COOKIES STAY FRESH?
Signature Cookie Care:
Anneliese’s Cookies contain the highest quality ingredients and are baked fresh to order. We
recommend eating upon arrival for optimal freshness. Even without preservatives or additives,
our signature gourmet cookies will continue tasting fresh for up to 6 weeks when stored at room
temperature or refrigerated. For long term storage, we recommend placing them in a freezer safe
container in the freezer for up to 6 months.
Chocolate Chip & Peanut Butter Cookie Care:
Our Chocolate Chip & Peanut Butter cookies do not contain any added freshness preservatives
and are best enjoyed within three-to-five days after being baked. You can preserve their freshness
by freezing them in an airtight container for up to 2 months.
WHAT FOOD PREPARATION GUIDELINES DO YOU FOLLOW?
We operate under the IL Cottage Food Law and we are insured. We are food handler certified by the American National Standards Institute (ANSI) and work in a home based kitchen where common allergens are found in the pantry.
All of our products are made in a facility which handles peanuts, tree nuts, wheat and chocolate. None of our cookies contain preservatives and all of our cookies are suitable for vegetarians.
DO YOU ACCOMMODATE ALLERGIES AND DIETARY RESTRICTIONS?
Gluten: Anneliese’s Cookies are available in a gluten-free version that uses gluten-free flour, as well as gluten-free chocolate and toppings. Since our cookies are made in a kitchen where ingredients containing gluten are also used, we cannot 100% guarantee that Anneliese’s Cookies are certified gluten-free. They can safely be categorized as gluten-friendly, however.
Sugar: Anneliese’s Cookies are available in a sugar-free version that uses Swerve sugar substitute, as well as sugar-free chocolate and toppings.
Vegan: Anneliese’s Cookies are available in a vegan version. Vegan gourmet cookies contain plant-based butter, as well as vegan chocolate and toppings.
DO YOU USE SUSTAINABLE PACKAGING?
Using sustainable packaging materials, designed to be recycled, is very important to Anneliese’s Cookies. The less we waste, the more we conserve, and the smaller our carbon footprint is on the planet.
These are some of the eco-friendly packaging items we use:
-NatureFlex™ cellophane bags made from 100% clear compostable cellulose found in wood fibers taken exclusively from sustained forests.
-Painted Daisies plastic T-Sacks, which are a GreenWay® EcoFriendly Packaging product. They are made in the US with environmentally sustainable materials & contain no solvent inks.
-RENATURE® Biodegradable Loose Fill, used to secure cookies during shipping. They are compostable, disintegrate in water without polluting, minimize material & shipping cost, and are pet-friendly.
SPECIALTY INGREDIENTS
Vegan Chocolate Dipped Cookies
Ingredients: Enriched flour (bleached wheat flour, malted barley flour, niacin, reduced iron, thiamine, mononitrate, riboflavin, folic acid), corn starch, confectioner’s sugar, vegan unsalted plant-based butter (palm kernel & palm oil, water, sunflower oil, pea protein, sunflower lecithin, lactic acid, natural flavor, annatto (color), vitamin A palmitate), salt, Enjoy Life vegan chocolate (evaporated cane juice, natural chocolate liquor (non-alcoholic), non-dairy cocoa butter), vanilla extract (vanilla bean extract, alcohol), tree nuts (almonds, pecans &/or walnuts), vegan sprinkles (cane sugar, cornstarch, expeller pressed palm & palm kernel oil, sunflower lecithin (emulsifier), natural flavor, spirulina extract (color), tumeric extract (color), red cabbage juice extract (color), beet juice extract (color), annato extract (color), carnauba wax), shredded coconut
Contains common allergens: Wheat, nuts
Gluten-Free Chocolate Dipped Cookies
Ingredients: Gluten-free flour (sweet white rice flour, whole grain brown rice flour, potato starch, whole grain sorghum flour, tapioca flour, xanthan gum), corn starch, confectioner’s sugar, butter (pasteurized cream, natural flavorings), salt, Hershey’s semi-sweet chocolate, vanilla extract (vanilla bean extract, alcohol), tree nuts (almonds, pecans &/or walnuts), sprinkles (sugar, hydrogenated palm kernel oil, corn starch, sunflower lecithin, FD&C Colors (yellow #6 lake, yellow #5 lake, blue #1 lake, red #40 lake, red #3 dye), maltodextrin, carnauba wax, vanillin, cellulose gum), shredded coconut
Contains common allergens: Milk, nuts
Gluten-Free Vegan Chocolate Dipped Cookies
Ingredients: Gluten-free flour (sweet white rice flour, whole grain brown rice flour, potato starch, whole grain sorghum flour, tapioca flour, xanthan gum), corn starch, confectioner’s sugar, vegan unsalted plant-based butter (palm kernel & palm oil, water, sunflower oil, pea protein, sunflower lecithin, lactic acid, natural flavor, annatto (color), vitamin A palmitate), salt, Enjoy Life vegan chocolate (evaporated cane juice, natural chocolate liquor (non-alcoholic), non-dairy cocoa butter), vanilla extract (vanilla bean extract, alcohol), tree nuts (almonds, pecans &/or walnuts), vegan sprinkles (cane sugar, cornstarch, expeller pressed palm & palm kernel oil, sunflower lecithin (emulsifier), natural flavor, spirulina extract (color), tumeric extract (color), red cabbage juice extract (color), beet juice extract (color), annato extract (color), carnauba wax), shredded coconut
Contains common allergens: Nuts
Sugar-Free Chocolate Dipped Cookies
Ingredients: Enriched flour (bleached wheat flour, malted barley flour, niacin, reduced iron, thiamine, mononitrate, riboflavin, folic acid), corn starch, Swerve confectioner’s sugar (erythritol, oligosaccharides and natural flavors), butter (pasteurized cream, natural flavorings), salt, Hershey’s sugar-free semi-sweet chocolate (maltitol, chocolate processed with alkali, cocoa butter, contains 2% or less of lecithin (soy), vanilla extract, milk), vanilla extract (vanilla bean extract, alcohol), tree nuts (almonds, pecans &/or walnuts), sugar-free sprinkles (erythritol, Stevia, tapioca starch, coconut oil, cellulose, natural colors (turmeric, vegetable juice, and paprika), citric acid), shredded coconut
Contains common allergens: Wheat, milk, nuts
RETURNS, REFUNDS, AND CANCELLATIONS
CAN I RETURN AN ITEM ORDERED FROM ANNELIESE’S COOKIES?
Unfortunately, because our products are perishable food items, once they leave our facility we cannot accept returns. We stand behind our gourmet cookies, however, and if you are not satisfied, please email info@anneliesecookies.com or call 773.505.6485 so that we can better serve you.
WHAT IS YOUR REFUND & CANCELLATION POLICY?
Full payment is due at the time of ordering to reserve your date and secure the order. A full refund can be given within 7 days’ notice for a cancellation, and a 50% refund can be given notice of 72-hours or more. Please note that orders require prepping and time, so late cancellations (less than 72-hour notice) will NOT be refunded.
As our products are perishable, all food sales are final. To make sure that you are satisfied with the product you receive, please inspect the contents as soon as your order arrives. Anneliese’s Cookies is not responsible for damage or loss as a result of shipments being returned to the freight location or being undeliverable as a result of incorrect address information you supply to us, or for inability of a recipient to receive the package on the day you specify that it should be delivered. To enjoy the full flavor and freshness of our products, we urge you to make the necessary arrangements beforehand. Shipping/handling charges are not refundable. Refunds can only be credited to the originating credit card.
If an item arrives damaged or spoiled, our Customer Support team will work with you to determine an appropriate solution. Please reach out to our team at info@anneliesecookies.com to resolve the issue within 14 days of delivery.
ARE ANNELIESE’S COOKIES GUARANTEED FOR QUALITY AND FRESHNESS?
We stand behind the freshness & quality of our gourmet treats. If you are not 100% satisfied with your purchase, please contact us within 48 hours of receiving your order. We will work with you one-on-one to fix the problem. (Our guarantee doesn’t cover incorrect shipping addresses given by the customer or shipping delays by USPS.)
WHAT IF I HAVE A QUESTION OR A PROBLEM WITH MY ORDER THAT IS NOT COVERED ON THE WEBSITE?
Just give us a call at 773.505.6485. Our customer service department can personally help you from 8:00 a.m. to 5:00 p.m. CST, Monday – Friday. You may also e-mail your question to info@anneliesecookies.com. We promise to get back to you within one business day.
TERMS AND CONDITIONS
TERMS OF USE
Last updated March 01, 2021
AGREEMENT TO TERMS
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Anneliese’s Cookies LLC. (“Company“, “we”, “us”, or “our”), concerning your access to and use of the https://www.anneliesecookies.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
The Site is not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this Site. You may not use the Site in a way that would violate the Gramm-Leach-Bliley Act (GLBA).
The Site is intended for users who are at least 13 years of age. All users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If you are a minor, you must have your parent or guardian read and agree to these Terms of Use prior to you using the Site.
INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Site is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Site (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided on the Site “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. Provided that you are eligible to use the Site, you are granted a limited license to access and use the Site and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the Site, the Content and the Marks.
USER REPRESENTATIONS
By using the Site, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not under the age of 13; (5) you are not a minor in the jurisdiction in which you reside, or if a minor, you have received parental permission to use the Site; (6) you will not access the Site through automated or non-human means, whether through a bot, script or otherwise; (7) you will not use the Site for any illegal or unauthorized purpose; and (8) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
USER REGISTRATION
You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
PRODUCTS
We make every effort to display as accurately as possible the colors, features, specifications, and details of the products available on the Site. However, we do not guarantee that the colors, features, specifications, and details of the products will be accurate, complete, reliable, current, or free of other errors, and your electronic display may not accurately reflect the actual colors and details of the products. All products are subject to availability, and we cannot guarantee that items will be in stock. We reserve the right to discontinue any products at any time for any reason. Prices for all products are subject to change.
PURCHASES AND PAYMENT
We accept the following forms of payment:
– Visa
– Mastercard
– American Express
– Discover
– PayPal
You agree to provide current, complete, and accurate purchase and account information for all purchases made via the Site. You further agree to promptly update account and payment information, including email address, payment method, and payment card expiration date, so that we can complete your transactions and contact you as needed. Sales tax will be added to the price of purchases as deemed required by us. We may change prices at any time. All payments shall be in U.S. dollars.
You agree to pay all charges at the prices then in effect for your purchases and any applicable shipping fees, and you authorize us to charge your chosen payment provider for any such amounts upon placing your order. We reserve the right to correct any errors or mistakes in pricing, even if we have already requested or received payment.
We reserve the right to refuse any order placed through the Site. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that use the same billing or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.
RETURN POLICY
Please review our Return Policy posted on the Site prior to making any purchases.
PROHIBITED ACTIVITIES
You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a user of the Site, you agree not to:
Systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
Make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
Use the Site to advertise or offer to sell goods and services.
Circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
Engage in unauthorized framing of or linking to the Site.
Trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords.
Make improper use of our support services or submit false reports of abuse or misconduct.
Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
Interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
Attempt to impersonate another user or person or use the username of another user.
Sell or otherwise transfer your profile.
Use any information obtained from the Site in order to harass, abuse, or harm another person.
Use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
Attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
Delete the copyright or other proprietary rights notice from any Content.
Copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
Use the Site in a manner inconsistent with any applicable laws or regulations.
Use Site content and media for commercial purposes without the written consent of website administrator/owner.
USER GENERATED CONTRIBUTIONS
The Site may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or on the Site, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Site and the Marketplace Offerings and through third-party websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the Site, and other users of the Site to use your Contributions in any manner contemplated by the Site and these Terms of Use.
You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Site and these Terms of Use.
Your Contributions are not false, inaccurate, or misleading.
Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous,
slanderous, or otherwise objectionable (as determined by us).
Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
Your Contributions do not violate any applicable law, regulation, or rule.
Your Contributions do not violate the privacy or publicity rights of any third party.
Your Contributions do not contain any material that solicits personal information from anyone under the age of 18 or exploits people under the age of 18 in a sexual or violent manner.
Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors;
Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Site or the Marketplace Offerings in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Site and the Marketplace Offerings.
CONTRIBUTION LICENSE
By posting your Contributions to any part of the Site, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sublicenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area on the Site. You are solely responsible for your Contributions to the Site and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations on the Site; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
GUIDELINES FOR REVIEWS
We may provide you areas on the Site to leave reviews or ratings. When posting a review, you must comply with the following criteria: (1) you should have firsthand experience with the person/entity being reviewed; (2) your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language; (3) your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability; (4) your reviews should not contain references to illegal activity; (5) you should not be affiliated with competitors if posting negative reviews; (6) you should not make any conclusions as to the legality of conduct; (7) you may not post any false or misleading statements; and (8) you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sublicensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.
SUBMISSIONS
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site or the Marketplace Offerings (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.
THIRD-PARTY WEBSITES AND CONTENT
The Site may contain (or you may be sent via the Site or the Marketplace Offerings) links to other websites (“Third-Party Websites”) as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties (“Third-Party Content”). Such Third-Party Websites and Third-Party Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Party Websites or the Third-Party Content. Inclusion of, linking to, or permitting the use or installation of any Third-Party Websites or any Third-Party Content does not imply approval or endorsement thereof by us. If you decide to leave the Site and access the Third-Party Websites or to use or install any Third-Party Content, you do so at your own risk, and you should be aware these Terms of Use no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which you navigate from the Site or relating to any applications you use or install from the Site. Any purchases you make through Third-Party Websites will be through other websites and from other companies, and we take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. You agree and acknowledge that we do not endorse the products or services offered on Third-Party Websites and you shall hold us harmless from any harm caused by your purchase of such products or services. Additionally, you shall hold us harmless from any losses sustained by you or harm caused to you relating to or resulting in any way from any Third-Party Content or any contact with Third-Party Websites.
SITE MANAGEMENT
We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site and the Marketplace Offerings.
PRIVACY POLICY
We care about data privacy and security. Please review our Privacy Policy:https://www.anneliesecookies.com/important-information/privacy-policy/. By using the Site or the Marketplace Offerings, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use. Please be advised the Site and the Marketplace Offerings are hosted in the United States. If you access the Site or the Marketplace Offerings from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States. Further, we do not knowingly accept, request, or solicit information from children or knowingly market to children. Therefore, in accordance with the U.S. Children’s Online Privacy Protection Act, if we receive actual knowledge that anyone under the age of 13 has provided personal information to us without the requisite and verifiable parental consent, we will delete that information from the Site as quickly as is reasonably practical.
DIGITAL MILLENNIUM COPYRIGHT ACT (DMCA) NOTICE AND POLICY
Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.
All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information: (1) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site; (3) 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; (4) information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted; (5) a statement that the complaining party has 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; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.
Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following: (1) identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled; (2) a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located; (3) a statement that you will accept service of process from the party that filed the Notification or the party’s agent; (4) your name, address, and telephone number; (5) a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and (6) your physical or electronic signature.
If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.
Designated Copyright Agent
Anneliese Znaidia
Attn: Copyright Agent
2429 Birch St
Des Plaines, IL 60018
United States
TERM AND TERMINATION
These Terms of Use shall remain in full force and effect while you use the Site. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SITE AND THE MARKETPLACE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SITE AND THE MARKETPLACE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
MODIFICATIONS AND INTERRUPTIONS
We reserve the right to change, modify, or remove the contents of the Site at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Marketplace Offerings without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site or the Marketplace Offerings.
We cannot guarantee the Site and the Marketplace Offerings will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site or the Marketplace Offerings at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site or the Marketplace Offerings during any downtime or discontinuance of the Site or the Marketplace Offerings. Nothing in these Terms of Use will be construed to obligate us to maintain and support the Site or the Marketplace Offerings or to supply any corrections, updates, or releases in connection therewith.
GOVERNING LAW
These Terms of Use and your use of the Site and the Marketplace Offerings are governed by and construed in accordance with the laws of the State of Illinois applicable to agreements made and to be entirely performed within the State of Illinois, without regard to its conflict of law principles.
DISPUTE RESOLUTION
Informal Negotiations
To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.
Binding Arbitration
If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Cook, Illinois. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.
If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Cook, Illinois, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non convenient with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.
In no event shall any Dispute brought by either Party related in any way to the Site be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
Restrictions
The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. The full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.
CORRECTIONS
There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Marketplace Offerings, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
DISCLAIMER
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THIS SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE six (6) mONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of: (1) your Contributions; (2) use of the Site; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other user of the Site with whom you connected via the Site. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
USER DATA
We will maintain certain data that you transmit to the Site for the purpose of managing the performance of the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
ELECTRONIC COMMUNICATIONS, TRANSACTIONS, AND SIGNATURES
Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SITE. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.
CALIFORNIA USERS AND RESIDENTS
If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.
MISCELLANEOUS
These Terms of Use and any policies or operating rules posted by us on the Site or in respect to the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.
CONTACT US
In order to resolve a complaint regarding the Site or to receive further information regarding use of the Site, please contact us at:
Anneliese’s Cookies LLC.
2429 Birch St
Des Plaines, IL 60018
United States
Phone: 773-505-6496
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