SITE TERMS & CONDITIONS
Agreement between User and www.bestdayevercookies.com
Terms and Conditions
November 26, 2023
Agreement between User and www.bestdayevercookies.com
Welcome to www.bestdayevercookies.com. The www.bestdayevercookies.com website (the “Site”) is comprised of various web pages operated by Best Day Ever Cookies. www.bestdayevercookies.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of www.bestdayevercookies.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
www.bestdayevercookies.com is a home-based caterer operating under the Cottage Food Laws in Texas. The site engaged in sales directly to consumers.
Privacy
Your use of www.bestdayevercookies.com is subject to BEST DAY EVER COOKIES’ Privacy Policy, which also governs the Site and informs users of our data collection practices.
Electronic Communications
Visiting www.bestdayevercookies.com or sending emails to BEST DAY EVER COOKIES constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Your Account
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Best Day Ever Cookies Is not responsible for third party access to your account that results from theft or misappropriation of your account. Best Day Ever Cookies and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Best Day Ever Cookies does not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). You must be thirteen (13) years of age or older to use www.bestdayevercookies.com.
Cancellation/Refund Policy
Deposits on custom orders are non-refundable. You may attempt to cancel an order prior to creation by Best Day Ever Cookies. Amounts paid above the deposit can be made available for store credit if a cancellation is received prior creation of the product. Pre-Orders for special offerings can only be refunded prior to the creation of the product by Best Day Ever Cookies.
Links to Third Party Sites/Services
www.bestdayevercookies.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Best Day Ever Cookies and Best Day Ever Cookies is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Best Day Ever Cookies is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Best Day Ever Cookies of the site, its contents, or any association with its operators.
Certain services made available via www.bestdayevercookies.com are delivered by third party sites and organizations. By using any product, service or functionality originating from www.bestdayevercookies.com domain, you hereby acknowledge and consent that Best Day Ever Cookies may share such information and data with any third party with whom Best Day Ever Cookies has a contractual relationship to provide the requested product, service or functionality on behalf of www.bestdayevercookies.com users and customers.
No Unlawful or Prohibited Use / Intellectual Property
You are granted a non-exclusive, non-transferable, revocable license to access and use www.bestdayevercookies.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Best Day Ever Cookies that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site.
All content included as a part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the site, is the property of Best Day Ever Cookies or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Best Day Ever Cookies content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content solely for your personal use, and will make no other use of the content without the express written permission of Best Day Ever Cookies and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Best Day Ever Cookies or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Best Day Ever Cookies account to third party accounts. By connecting your Best Day Ever Cookies account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
International Users
This Service is controlled, operated, and administered by Best Day Ever Cookies from our offices in the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Best Day Ever Cookies Content accessed through www.bestdayevercookies.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend and hold harmless Best Day Ever Cookies, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable law, rules or regulations, Best Day Ever Cookies) reserve the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Best Day Ever Cookies in asserting any available defense.
Arbitration
In the even the parties are not able to resolve any dispute between them arising out of our concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or inequity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation of and enforcement of this provision. Then entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitration and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GERNERAL ACTION AGAINST THE OTHER. Further, unless both you and Best Day Ever Cookies agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
Liability Disclaimer
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. BEST DAY EVER COOKIES ENTERPRISES LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND OR CHANGES IN THE SITE AT ANY TIME.
BEST DAY EVER COOKIES ENTERPRISES LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOU THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACE OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDE “AS IS” WITHOUT WARRANTY OR CONDITION OR ANY KIND. BEST DAY EVER COOKIES ENTERPRISES LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OR MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL BEST DAY EVER COOKIES ENTERPRISES LLC AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABLITY OR OTHERWISE, EVEN IF BEST DAY EVER COOKIES ENTERPRISES LLC OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALL THE EXSCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Termination/Access Restriction
Best Day Ever Cookies reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Texas and you hereby consent to the exclusive jurisdiction and venue of courts in Texas in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect toa ll provisions of these Terms, including, without limitation, this section.
You agree that no join venture, partnership, employment, or agency relationship exists between you and Best Day Ever Cookies as a result of this agreement or use of the Site. Best Day Ever Cookies’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Best Day Ever Cookies’ right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gather by Best Day Ever Cookies with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations se forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Best Day Ever Cookies with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Best Day Ever Cookies with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Best Day Ever Cookies reserves the right, in its sole discretion, to change the Terms under which www.bestdayevercookies.com is offered. The most current version of the Terms will supersede all previous versions. Best Day Ever Cookies encourages you to periodically review the Terms to stay informed of our updates.