This is the Terms of Service Agreement ("the terms") of Parker's Crazy Cookies LLC., ("the Company") which owns and operates the website and all related Services found at www.parkerscrazycookies.com ("the Site").
By using this site, you are deemed to have agreed to these terms and conditions. We may change the Terms and Conditions from time to time, and without actual notice to you. All such changes will appear on our site. By using this site after we post any changes, you agree to accept those changes, whether or not you have reviewed them. If at any time you choose not to accept these Terms and Conditions, please do not use this site.
Upon placing your order with Parker Crazy Cookies, LLC (“us” “our”, or “we”), we need you to agree to these Sales Terms. Please read them carefully as these Sales Terms shall govern in all respect your obligations as they relate to paying for your cookie order and our obligations related to making sure you are happy with your cookie order. In fact, by submitting your order to us, you are agreeing to be bound by the provisions contained in this document.
We apologize in advance for the length of these Sales Terms but our cookies are custom made with a great deal of work and love on our end and we really want to make sure there is no misunderstanding between you and us. Let’s face it, you wouldn’t be ordering our cookies unless they were custom made to fit your specific requirements. As such, while the ingredients may be commonplace, the work required to make your cookies takes a great deal of customization on our part; baking them is merely the last step of a pretty involved process for us.
Proofs and Proof Acceptance
You probably wouldn’t be reading these Sales Terms unless you are in the middle of placing an order on our website. Still, we do not begin manufacturing the cookie making process for you until you have approved in writing a drawing of your cookie (a “Proof”). As part of your order, we agree to prepare up to four (4) Proofs for your review (1 initial Proof & 3 revisions if needed) and approval, based on the original pictures or graphic files submitted by you to us.
We try to ensure that your initial Proof will be sent to you within two (2) business days of receiving your order and the picture or digital image you wish to turn into a cookie. If the first Proof misses the mark, we try to get revised Proofs (up to 3 total) sent you within 24 hours of hearing from you that the prior Proof was not acceptable. With that said, please read our Time Estimate section below.
If you do not approve the first four (4) Proofs we send to you, we are happy to send you additional Proofs provided you pay the Proof Surcharge Fee. Currently, the “Proof Surcharge Fee” is $25.00 for three (3) more Proofs.
We may ask you in cases where a Proof was not acceptable to help us understand why to ensure the next Proof is more likely to hit the mark. You agree to cooperate with us to try to get a Proof you can happily accept.
We will consider your order cancelled if we do not hear from you on the earlier of 10 days after submitting the last Proof to you or 10 days after the last Proof sent to you is not accepted in writing by you, whichever day occurs first. Upon cancellation, you will be entitled solely to a refund in accordance with the Payment and Refund Policy section of these Sales Terms.
Payment and Refund Policy
We require, and you agree, that all payment (including shipping fees and any storage fees) be paid in full at the time your order is submitted to us. Due to the custom nature of our cookie making process, there are no exceptions to this.
Even the Proof preparation and approval process is time consuming on our end. Therefore, if you wish to cancel prior to you approving in writing a Proof, that’s fine but we do charge a cancellation fee equal to 30% of your quoted order amount. After a Proof is prepared and accepted, there are no refunds allowed. We do not do this to mean but because at that point, we are custom designing presses for your particular cookie order as fast as we can. So please do not submit your order unless you understand your payment obligations in full.
We, again, apologize for having to impose such a strict Payment and Refund Policy, but the nature of our custom cookie making business, and the costs of labor and materials related to it, requires we implement this Payment and Refund Policy.
Upon completion of your order, we will arrange for shipment via a reputable delivery carrier (e.g., the United States Post Office, UPS, Federal Express, or another reputable regional delivery carrier). We charge flat fee shipping and handling rates that are specified in your order.
While we can 100% guarantee your bake & ship date, Parker's Crazy Cookies can not guarantee the delivery date. Once the courier picks up the cookies it is out of our control and we are not liable if your package gets delayed for any reason.
While we are confident that our cookies will arrive safely to you, we always include at least 12 extra cookies just in case (the “Extra Cookies”). By placing your order, you agree that the Extra Cookies relieve us of any other obligations or any kind related to (purported) damages during shipment. Of course, if something truly horrible and unique happens during shipment, contact us within 5 days of receiving the cookies. While we can’t make any promises and we can’t agree to take on any additional legal responsibility (other than sending along those Extra Cookies), we are good people and we want to try to help if we can.
Any time estimates made by us (either orally or in writing and including the one stated above) are simply good faith estimates and non-binding. You agree not to rely upon them for any reason.
We will try to get you Proofs in the time periods specified above, and, generally speaking, most orders are shipped from our kitchen within two (2) weeks of a Proof being accepted in writing by you. With that said, we cannot make any guarantees on when your Proofs will be ready for review or when your cookies will be baked or when they will be shipped. We will work with you to keep you up to date on Proof and cookie production, but we cannot be responsible for any unintended consequences or delays in the Proof creation or cookie making or shipping process.
We stand behind the quality of our cookies. However, due to the fact that we’re baking cookies, the actual look and feel and textures of the cookies cannot be guaranteed. Candidly, while we think our cookies are highly intricate and super cool, they are going to look a little different than the Proof you accepted; mainly because the proof is a digital piece of art and the cookie is, well, a cookie.
Therefore, we are happy to warrant, on a limited basis, that the cookies you receive are edible cookies containing the ingredients as indicated in the enclosed packaging (the “Limited Warranty”). Except as stated in the Limited Warranty or as otherwise required by law, the cookies delivered to you are being delivered “as is.”
OUR SOLE LIABILITY AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO BREACH OF THE FOREGOING LIMITED WARRANTY WILL BE LIMITED TO REPLACEMENT OF THE COOKIES BY US, OR IF IN OUR OPINION REPLACEMENT IS NOT COMMERCIALLY FEASIBLE, REFUND OF AMOUNTS PAID BY YOU TO US RELATED TO THE APPLICABLE BREACH OF THE LIMITED WARRANTY. YOU AGREE TO WAIVE ALL OTHER RIGHTS AND REMEDIES RELATED TO THE LIMITED WARRANTY DESCRIBED HEREIN. EXCEPT WITH RESPECT TO THE LIMITED WARRANTY EXPRESSLY PROVIDED HEREIN OR AS REQUIRED BY APPLICABLE LAW, THE COOKIES ARE PROVIDED "AS IS" AND WE MAKE NO REPRESENTATIONS OR WARRANTIES, EITHER EXPRESS OR IMPLIED, IN RESPECT OF ANY OF THE FOREGOING, INCLUDING WITHOUT LIMITATION, STATUTORY OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY AND ACCEPTANCE, FITNESS FOR A PARTICULAR PURPOSE OR ARISING FROM A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. THE DISCLAIMERS AND EXCLUSIONS OF THIS PARAGRAPH SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Limitation of Remedies and Damages
IN NO EVENT SHALL WE BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, REVENUE, PERSONAL INJURY, OR OTHER LOSS ARISING OUT OF THE USE OR INGESTION OF THE COOKIES OR ARISING OUT OF SHIPMENT/DELIVERY DELAYS, EVEN IF YOU HAVE BEEN ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY. Any provision herein to the contrary notwithstanding, the maximum liability of us to you or any third party whatsoever arising out of or in the connection with your order and/or any cookies we bake based on your order related to any claim based on breach or repudiation of contract, warranty, tort or otherwise, shall in no case exceed the actual price paid to us by you for the applicable cookie order.
Incorporation By Reference; Controlling Document
The order you submitted is here hereby incorporated into these Sales Terms for all purposes. Should any term herein conflict with any term in your order, the term contained herein shall govern unless we and you agree in writing otherwise. Moreover, should any statement contained on our website in any way conflict with any provision contained in these Sales Terms, these Sales Terms shall govern.
Jurisdiction & Venue
This sales transaction will be governed by and construed in accordance with the laws of the State of California, exclusive of its choice of law principles. The state and federal courts located in Alameda County, California have exclusive jurisdiction and venue over any dispute arising out of or relating to the ordering or purchase of any cookies from us. By placing your order for cookies, you consent to the personal jurisdiction and venue of these courts. If any action is brought by either you or us against the other party regarding the subject matter hereof, the prevailing party shall be entitled to recover, in addition to any other relief granted, reasonable attorney fees and expenses of litigation.
This Web Site and any communications service, including the capability to contribute material through the customer reviews (each such submission, a "Contribution"), newsletter, and blog are provided to you solely for knowledge and entertainment purposes. By using the Web Site and Services you agree: (a) to provide true, accurate, current and complete information about yourself as prompted by the subscription form, customer review form and any registration form. If any information provided by you is untrue, inaccurate, not current or incomplete, we reserve the right to terminate your subscription and refuse any and all current or future use of the Services.
You agree that you will not collect or store information about the users of this Web Site or the Content posted by others on this Web Site or use such information for any purpose inconsistent with the purpose of this Web Site or for the purpose of transmitting or facilitating transmission of unsolicited bulk electronic mail or communications.
You acknowledge that We are not responsible for material submitted to the Web Site by users. We do not pre-screen, monitor, review or edit the Content posted by users. However, We and our designees have the right (but not the obligation) at their sole discretion to refuse or remove any Content, in whole or part, that, in our judgment, does not comply with these Terms and Conditions or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such Content. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of such submitted material, including any Contribution or part thereof, or other communication to us. You agree to immediately notify us of any unauthorized use of the Service or any other breach of security known or suspected by you.
You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms and Conditions; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of Parker's Crazy Cookies LLC, its users or the public.
You understand that the technical processing and transmission of the Web Site, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store postings, Contributions or other information submitted by you or other users to our site.
Any or all Content on the Web Site may be purged periodically using our sole discretion. You acknowledge and agree that Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any information, data, text, music, sound, photographs, graphics, video, messages or other materials created by us or submitted to us, including Content.
You further acknowledge and agree that the views expressed on the Web Site do not necessarily reflect our views, and we do not support or endorse Content (including any Contribution, whether or not edited by us or our designee or presented on the Web Site edited or unedited, in whole or in part, or alone or with other content) posted or submitted by you or any User.
In operating this site, we do not solicit nor we do wish to receive any confidential, secret or proprietary information or other material from you through the Web Site, or in any other way. Any information or material submitted or sent to us, will be deemed not to be confidential or secret. By submitting or sending information or other material to us, you represent and warrant that the information is original to you and that no other party has any rights to the material.
License to use Communications
You agree that by posting communications through this Site, or by submitting any photographs, illustrations, video or other images of, including or depicting you in any media that you submit to the Company via our website or otherwise in connection with your order (“Images”), you are granting to the Company a worldwide, non-exclusive, royalty-free, fully transferable, fully sub-licensable license to use, publish, reproduce, create derivative works of, distribute, publicly perform and publicly display, either digitally or in any other medium now known or later developed, such Images in any form, including without limitation, use as part of a composite or distorted in character or form, without restriction as to text, changes or alterations, whether or not in conjunction with the your name or a fictitious name, for illustration, promotion, art, editorial, advertising, trade, publishing, or any other commercial purpose whatsoever. You further agree that the use of any narrative, text, audio, sound, action, program, effect or other matter that may be used in connection with the Images and the permitted uses, and you irrevocably waive any right that the User may have to inspection or approval of any of the deliverables or uses contemplated in this document. In consideration of the your license, consent and release, the Company will use reasonable commercial efforts to ensure that the Images will not be used for any pornographic, obscene, defamatory or libelous purpose.
You hereby irrevocably release the Company and any and all other parties acting under right, title, assignment, grant or license from the Company from any liability, costs or expenses arising by virtue of: (i) any blurring, distortion, alteration, optical illusion or use in composite form, whether intentional or otherwise, that may occur or be produced in the creation of the Images or in any subsequent use, processing or publication thereof; and (ii) any claim or cause of action, now known or later developed, resulting from or in connection with any use of the Images contemplated by this document, including without limitation, any claims for libel, defamation, invasion of privacy, or breach of any rights of publicity or other property rights.
You represent and covenant that: (i) you have full legal authority to submit, and to grant a license to use, any Images submitted by You to the Company; (ii) neither your submission of any Images to the Company, nor the Company’s use of such Images pursuant to and consistent with the license granted by you in such images, will infringe upon any copyright, right of publicity or privacy, or any other proprietary rights of any person, whether contractual, statutory or common law, and (iii) you, and not the Company, are legally responsible for any challenges made by any third party regarding copyright, right of publicity or privacy, or any other proprietary right in the Images.
You may be able to link to third parties' Web Sites ("Linked Sites") from our Web Site. Linked Sites are not, however, reviewed or controlled by us in any way and we are not responsible for the content, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply our endorsement of or association with the Linked Sites. In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed-through these Linked Sites. We reserve the exclusive right, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Web Site and/or introduce different features or links to different users.
Intellectual Property Rights
All materials contained in this Web Site are the copyrighted property of Parker's Crazy Cookies and its affiliates or licensors. We are the sole owner of all content on the Web Site, including without limitation, all applicable copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto. Permission is granted to electronically copy and print hard copy portions of this site for the sole purpose of placing an order with Parker's Crazy Cookies and purchasing Parker's Crazy Cookies products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of this site is strictly prohibited, unless authorized by Parker's Crazy Cookies. You further agree not to change or delete any proprietary notices from materials downloaded from the site. End User shall not upload, post or otherwise make available on this Site any material protected by copyright, trademark or other proprietary right without the express permission of the owner of the copyright, trademark or other proprietary right. Parker's Crazy Cookies does not have any express burden or responsibility to provide End User with indications, markings or anything else that may aid End User in determining whether the material in question is copyrighted or trademarked. All title and intellectual property rights in and to the content of the Linked Sites is the property of the respective content owner and may be protected by applicable copyright or other intellectual property laws and treaties.
Disclaimer Of Warranties; Limitation of Liability
This website and services are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, Parker's Crazy Cookies disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. Parker's Crazy Cookies does not represent or warrant that the functions contained in the site will be uninterrupted or error-free, that the defects will be corrected, or that this site or the server that makes the site available are free of viruses or other harmful components. Parker's Crazy Cookies does not make any warranties or representations regarding the use of the materials in this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. You (and not us or any of our agents) assume the entire cost of all necessary servicing, repair or correction. Some countries do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
Parker's Crazy Cookies shall not be liable for any special or consequential damages that result from the use of, or the inability to use, the materials on this site or the performance of the products, even if Parker's Crazy Cookies has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. Because some countries or jurisdictions do not allow the exclusion or the limitation of liability.
Parker's Crazy Cookies is not responsible for any content that a user, subscriber, or an unauthorized user may post on this site or any of the microsites. Any content that is posted or uploaded that is or may be deemed unsuitable can and may be taken down by Parker's Crazy Cookies. Moreover, Parker's Crazy Cookies reserves the right to edit, change, alter, delete, and prohibit any and all content that it deems unsuitable.
Upon a request by Parker's Crazy Cookies, you agree to defend, indemnify and hold Parker's Crazy Cookies, its affiliates, officers, directors and employees harmless from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, resulting from any violation of these terms and conditions or anything involving use of the account, including negligent or wrongful conduct by your are anyone else accessing the site with your internet account. We reserve the right, at our own expense, to assume the exclusive control and defense of any matter otherwise subject to indemnification by you, in which case you will cooperate in asserting any available defense.
Parker's Crazy Cookies may terminate this Agreement at any time. Without limiting the foregoing, Parker's Crazy Cookies shall have the right to immediately terminate any passwords or accounts of End User in the event of any conduct by End User which Parker's Crazy Cookies, in its sole discretion, considers to be unacceptable, or in the event of any breach by End User of this Agreement. Further, you agree that Parker's Crazy Cookies shall not be liable to you or any third-party for any termination of your access to the Service.
This Agreement and any operating rules for Parker's Crazy Cookies established by Parker's Crazy Cookies constitute the entire agreement of the parties with respect to the subject matter hereof. No waiver by either party of any breach or default hereunder is a waiver of any preceding or subsequent breach or default. The section headings used herein are for convenience only and shall be of no legal force or effect. If any provision of this Agreement is held invalid by a court of competent jurisdiction, such invalidity shall not affect the enforceability of any other provisions contained in this Agreement and the remaining portions of this Agreement shall continue in full force and effect. The failure of either party to exercise any of its rights under this Agreement shall not be deemed a waiver or forfeiture of such rights or any other rights provided hereunder. The website and the Service is owned and operated by Parker's Crazy Cookies. If you have any questions please contact firstname.lastname@example.org
By using or accessing the service(s), you are accepting and agreeing to the practices described in this privacy and security policy. If you do not agree to these terms, exit this page and do not access the services.
Types of Information Collected and Uses of Collected Information
We collect two types of information about our Website Users: Personally Identifiable Information and Non-Personally Identifiable Information.
Release of Non-Personally Identifiable Information
We may disclose or share Non-Personally Identifiable Information with Partners, Affiliates and Advertisers. For example, we may share aggregated demographic information (which does not include any Personally Identifiable Information) with "Third Party Advertisers" or "Third Party Advertising Companies" and other parties.
Third Party Sites
We may provide your Personal Information to third-party service providers who work on behalf of or with us to provide some of the services and features of Parker's Crazy Cookies and to help us communicate with you. Examples of such services include sending email, analyzing data, providing marketing assistance, processing payments (including credit card payments), and providing customer service. We require our third-party service providers to promise not to use such information except as necessary to provide the relevant services to us. We may share some or all of your Personal Information with our third-party partners, those with whom we have a co-branding or promotional relationship, or other third-parties about whom you are otherwise notified and do not request to opt out of such sharing.
Our Commitment to Data Security
The Company has implemented processes designed to protect the information it collects and stores.The Company has employed firewalls and other advanced security technologies which we believe to be appropriate in an effort to prevent unauthorized interference or access from outside intruders. However, Company cannot guarantee the security of its systems or any information stored or maintained on its systems as no security measures are perfect or impenetrable. Also, Company cannot control the actions of others. Unauthorized entry or use or disclosures, hardware or software failures, and other factors may compromise the security of the information Company collects and stores. Company is not responsible for circumvention of any privacy settings or security measures used in connection with the Services.
Other Tracking Devices
We may use other industry standard technologies like pixel tags and web beacons to track your use of our Website pages and promotions, or we may allow our Third Party Service Providers to use these devices on our behalf. Pixel tags and web beacons are tiny graphic images placed on certain pages on our Website, or in our emails that allow us to determine whether you have performed a specific action. When you access these pages or open or click an email, pixel tags and web beacons generate a Non-Personally Identifiable notice of that action. Pixel tags allow us to measure and improve our understanding of visitor traffic and behavior on our Website, as well as give us a way to measure our promotions and performance. We may also utilize pixel tags and web beacons provided by our Affiliates and/or Marketing Partners for the same purposes.
We may provide areas on our Website where you can publicly post information about yourself, or can review products, and submit media content. This information may be accessible by other consumers and companies and may appear on other websites or web searches, and therefore this information could be read, collected, and used by others. We have no control over who reads your postings or what other users may do with the information you voluntarily post, so please use caution when posting any personal information.
We will generally allow you to choose to not receive certain types of email communication from us, except for those that are absolutely necessary to provide you with details of any purchase you have made. Emails will always contain a link at the bottom to be removed from our mailing list.
Children under the age of 13 are not permitted to use Parker's Crazy Cookies and we do not intentionally collect or maintain Personal Information from those who are under 13 years old. Thus, if we obtain actual knowledge that a user is under 13, we will take steps to remove that user's Personal Information from our databases. By using Parker's Crazy Cookies, you are representing that you are at least 18 years old, or that you are at least 13 years old and have your parents' permission to use the website.
Changes to the Privacy and Security Policy
Company reserves the right to change this Privacy and Security Policy. If Company makes changes to this Privacy and Security Policy and you continue to use the Services, you are impliedly agreeing to the Privacy and Security Policy expressed herein. Any such deletions or modifications shall be effective immediately upon Company's posting thereof. Your use of the Services after such changes shall be deemed to constitute your acceptance of such modifications. You may contact us with any questions pertaining to this policy through our web-site or through our mailing address:
Parker's Crazy Cookies LLC
1273 Industrial Pkwy West #160
Hayward, CA 94544