Introduction:Welcome to Blessedcookiesandcandys.com. This site is provided by BLESSED
COOKIES & CANDY’S, LLC (referred to throughout this site as ” BLESSED
COOKIES & CANDY’S, LLC “) as a service to our customers. Please
review the following basic rules that govern your use of the BLESSED
COOKIES & CANDY’S, LLC site. Please note that your use of the BLESSED
COOKIES & CANDY’S, LLC site (the “Site”) constitutes your
unconditional agreement to follow and be bound by these Terms of Use.
Although you may “bookmark” a particular portion of this Site and
thereby bypass Terms of Use, your use of this Site still binds you to these
Terms of Use. BLESSED COOKIES & CANDY’S, LLC reserves the right to
update or modify these Terms of Use at any time without prior notice to
you. Your use of the Site following any such change constitutes your
unconditional agreement to follow and be bound by these Terms of Use as
changed. For this reason, we encourage you to review these Terms of Use
whenever you use this Site.Use of this Site:By accepting these Terms of Use through your use of the Site, you certify
that you are at least 18 years of age or the age of majority where you
live. If you are under the age of 18 but at least 13 years of age you may
use this Site only under the supervision of a parent or legal guardian who
agrees to be bound by these Terms of Use. If you do not agree to (or cannot
comply with) any of these Terms of Use, do not use this Site. All billing
and registration information provided must be truthful and accurate.
Providing any untruthful or inaccurate information may constitute a breach
of these Terms of Use. By confirming your purchase at the end of the
checkout process, you agree to accept and pay for the item(s) requested.All materials, including images, text, illustrations, designs, icons,
photographs, programs, video clips and written and other materials that are
part of this Site (collectively, the “Contents”) are intended
solely for personal, non-commercial use. You may download or copy the Contents
and other downloadable materials displayed on the Site for your personal
use only. No right, title or interest in any downloaded materials or
software is transferred to you as a result of any such downloading or
copying. You may not reproduce (except as noted above), publish, transmit,
distribute, display, modify, create derivative works from, sell or
participate in any sale of or exploit in any way, in whole or in part, any
of the Contents, the Site or any related software. All software used on this
Site is the property of BLESSED COOKIES & CANDY’S, LLC or its suppliers
are protected by U.S. and international copyright laws. The Contents and
software on this Site may be used only as a shopping resource. Any other
use, including the reproduction, modification, distribution, transmission,
republication, display, or performance, of the Contents on this Site is
strictly prohibited.BLESSEDCOOKIESANDCANDYS is a
trademark BLESSED COOKIES & CANDYS, LLC.You understand that by using this Site or any services provided on the
Site, you may encounter Content that may be deemed by some to be offensive,
indecent, or objectionable, which Content may or may not be identified as
such. You agree to use the Site and any service at your sole risk and that
Blessedcookiesandcandys.com and its affiliates shall have no liability to
you for Content that may be deemed offensive, indecent, or objectionable.Site SecurityUsers are prohibited from violating or attempting to violate the security
of the Site or exceeding their permitted access to the Site, including,
without limitation, (a) accessing data not intended for such user or
logging onto a server or an account which the user is not authorized to
access; (b) attempting to probe, scan or test the vulnerability of a system
or network or to breach security or authentication measures without proper
authorization; (c) attempting to interfere with service to any user, host
or network, including, without limitation, via means of submitting a virus
to the Site, overloading, “flooding,” “spamming,”
“mailbombing” or “crashing;” (d) sending unsolicited
email, including promotions and/or advertising of products or services; or
(e) forging any TCP/IP packet header or any part of the header information
in any email or newsgroup posting. Violations of system or network security
may result in civil or criminal liability. BLESSED COOKIES & CANDYS,
LLC will investigate occurrences that may involve such violations and may
involve, and cooperate with, law enforcement authorities in prosecuting
users who are involved in such violations. You agree not to use any device,
software or routine to interfere or attempt to interfere with the proper
working of this Site, automate what are otherwise manual processes or to
catalog any information on this site.
Order AcceptancePlease note that there may be certain orders that we are unable to accept
and must cancel. We reserve the right, at our sole discretion, to refuse or
cancel any order for any reason. For your convenience, you will not be
charged until your payment method is authorized, the order information is
verified for accuracy and your order is shipped. Some situations that may
result in your order being canceled include limitations on quantities
available for purchase, inaccuracies or errors in product or pricing
information, or problems identified by our credit and fraud avoidance
department. We always make every effort to deliver to you the exact item
that you purchased. However, at times items are lost or stolen, damaged or
recalled by a team or athlete. If for any reason we are unable to deliver
to you the item you have purchased, while we may assist you in trying to
find another comparable item, you agree that your sole and exclusive
remedy, and our sole obligation, is to provide you with a refund of the
money paid for such item.
We may also require additional verifications or information before
accepting any order. We will contact you if all or any portion of your
order is canceled or if additional information is required to accept your
order. If your order is canceled after your credit card has been charged,
we will issue a credit to your credit card in the amount of the charge.
Some products consisting of sports equipment are not intended for use in
connection with any physical activity, such as used merchandise which may
no longer be suitable for its original purpose or promotional items that
were never intended to be used in connection with any physical activity.
You agree that you are responsible to determining whether or not any such
products are suitable and you release BLESSED COOKIES & CANDYS, LLC from
any liable for the use of such products.
Pricing Information:While BLESSED COOKIES & CANDY’S, LLC strives to provide accurate product
and pricing information, pricing or typographical errors may occur. BLESSED
COOKIES & CANDY’S, LLC cannot confirm the price of an item until after
you order. In the event that an item is listed at an incorrect price or with
incorrect information due to an error in pricing or product information, BLESSED
COOKIES & CANDYS, LLC shall have the right, at our sole discretion, to
refuse or cancel any orders placed for that item. In the event that an item
is mispriced, BLESSED COOKIES & CANDY’S, LLC may, at our discretion,
either contact you for instructions or cancel your order and notify you of
such cancellation.
We strive to provide you with the best prices possible on BLESSED COOKIES
& CANDY’S, LLC. Prices and availability are subject to change without
notice.
Colors:We have made every effort to display the colors of our products that appear
on the Site as accurately as possible. However, as the actual colors you
see will depend on your monitor, we cannot guarantee that your monitor’s
display of any color will be accurate.
Indemnification:You agree to defend, indemnify and hold harmless BLESSED COOKIES &
CANDYS, LLC and its affiliates from and against any and all claims,
damages, costs and expenses, including attorneys’ fees, arising from or
related to your use of the Site, your breach of these Terms of Use or your
use of items purchased on the Site.
Termination:These Terms of Use are effective unless and until terminated by either you
or BLESSED COOKIES & CANDY’S, LLC. You may terminate Terms of Use at any
time, provided that you discontinue any further use of this Site. BLESSED
COOKIES & CANDY’S, LLC also may terminate Terms of Use at any time and
may do so immediately without notice, and accordingly deny you access to
the Site, if in BLESSED COOKIES & CANDY’S, LLC sole discretion you fail
to comply with any term or provision of these Terms of Use. Upon any
termination of the Agreement by either you or BLESSED COOKIES & CANDY’S,
LLC, you must promptly destroy all materials downloaded or otherwise
obtained from this Site, as well as all copies of such materials, whether
made under the Terms of Use or otherwise. BLESSED COOKIES & CANDY’S, LLC
right to any Comments shall survive any termination of Terms of Use.
Notwithstanding any termination, these Terms of Use will continue to apply
to any purchases made on the Site or use of the Site prior to such
termination.
Disclaimer:THIS SITE IS PROVIDED BY BLESSED COOKIES & CANDY’S, LLC ON AN “AS
IS” AND “AS AVAILABLE” BASIS BLESSED COOKIES & CANDY’S,
LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED,
AS TO THE OPERATION OF THE SITE OR THE INFORMATION, CONTENT, MATERIALS, OR
PRODUCTS INCLUDED ON THIS SITE. TO THE FULL EXTENT PERMISSIBLE BY
APPLICABLE LAW, BLESSED COOKIES & CANDY’S, LLC DISCLAIMS ALL WARRANTIES,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE
FOREGOING, BLESSEDCOOKIESANDCANDY’S.COM DISCLAIMS ANY AND ALL WARRANTIES,
EXPRESS OR IMPLIED, FOR ANY MERCHANDISE OFFERED ON THIS SITE. YOU
ACKNOWLEDGE, BY YOUR USE OF THE BLESSEDCOOKIESANDCANDY’S.COM WEB SITE, THAT
YOUR USE OF THE SITE IS AT YOUR SOLE RISK. THIS DISCLAIMER DOES NOT APPLY
TO ANY PRODUCT WARRANTY OFFERED BY THE MANUFACTURER OF THE ITEM. THIS
DISCLAIMER CONSTITUTES AN ESSENTIAL PART OF THIS AGREEMENT. SOME STATES DO
NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY LASTS, SO THE
FOREGOING LIMITATIONS MAY NOT APPLY TO YOU.
Limitation of LiabilityUNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN
TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL BLESSED COOKIES &
CANDYS, LLC OR ANY OF ITS AFFILIATES, EMPLOYEES, DIRECTORS, OFFICERS,
AGENTS, VENDORS OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR
ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY
NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR INABILITY TO USE
THE BLESSED COOKIES & CANDYS, LLC WEB SITE, INCLUDING, WITHOUT
LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK
STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF
AN AUTHORIZED REPRESENTATIVE OF BLESSED COOKIES & CANDYS, LLC HAS BEEN
ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT WILL BLESSED COOKIES & CANDYS, LLC BE LIABLE FOR ANY DAMAGES IN
EXCESS OF THE FEES PAID BY YOU FOR PRODUCTS PURCHASED ON THE SITE DURING
THE SIX MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE OR $100,
WHICHEVER IS LESS.
Governing LawThe laws of the State of Massachusetts shall govern these Terms of Use. YOU
HEREBY EXPRESSLY CONSENT TO EXCLUSIVE JURISDICTION AND VENUE IN THE COURTS
LOCATED IN Massachusetts, FOR ALL MATTERS ARISING IN CONNECTION WITH THESE
TERMS OF USE OR YOUR ACCESS OR USE OF THE SITE.
Any claims asserted by you must be asserted in writing to BLESSED COOKIES
& CANDYS, LLC within one (1) year of the date such claim first arose,
or such claim is forever waived by you. Each claim shall be adjudicated
individually, and you agree not to combine your claim with the claim of any
third party.
SeverabilityIf any part of these Terms of Use shall be held or declared to be invalid
or unenforceable for any reason by any court of competent jurisdiction,
such provision shall be ineffective but shall not affect any other part of
these Terms of Use.
Waiver; RemediesThe failure of BLESSED COOKIES & CANDYS, LLC to partially or fully
exercise any rights or the waiver of BLESSED COOKIES & CANDYS, LLC of
any breach of these Terms of Use by you, shall not prevent a subsequent
exercise of such right by BLESSED COOKIES & CANDYS, LLC or be deemed a
waiver by BLESSED COOKIES & CANDYS, LLC of any subsequent breach by you
of the same or any other term of these Terms of Use. The rights and
remedies of BLESSED COOKIES & CANDYS, LLC under these Terms of Use and
any other applicable agreement between you and BLESSED COOKIES &
CANDYS, LLC shall be cumulative, and the exercise of any BLESSED COOKIES
& CANDYS, LLC such right or remedy shall not limit BLESSED COOKIES
& CANDYS, LLC right to exercise any other right or remedy.
International AccessThe Site is provided from the United States of America and all servers that
make it available reside in the U.S.A. The laws of other countries may
differ regarding the access and use of the Site. We make no representations
regarding the legality of this Site in any other country and it is your
responsibility to ensure that your use complies with all applicable laws
outside of the U.S.A.
Best Regards,
Paul Lovejoy
Rita Scott
Blessed Cookies & Candys, LLC |
Blessed Cookies & Candys, LLC 