Terms of service

TERMS OF SERVICE

Our website is operated by Cooper Street Cookies, LLC. Throughout our website, the terms “we”, “us”, and “our” refer to Cooper Street Cookies, LLC and its affiliates and subsidiaries. We offer our website, including all information, tools, and services available on our website, to you, the user, conditioned upon your acceptance of these Terms of Service (these “Terms”) and all of the other terms, conditions, policies, and notices stated elsewhere on our website (the “Policies”).

By visiting our website and/or purchasing something from us, you engage in our “Service” and agree to be bound by these Terms and the Policies. These Terms and the Policies apply to all users of our Service, including users who are browsers, vendors, customers, merchants, and/or contributors of content.

Please read these Terms and the Policies carefully before accessing or using our Service. By accessing or using any part of our Service, you agree to be bound by these Terms and the Policies. If you do not agree to these Terms or the Policies, then you may not access or use our Service. If these Terms and/or the Policies are considered an offer, acceptance is expressly limited to these Terms and the Policies.

Any new features or tools that are added to our Service will also be subject to these Terms and the Policies. You can review the most current version of these Terms and the Policies at any time on our website. We reserve the right to update, change, or replace any part of these Terms or the Policies by posting updates and/or changes to our website. It is your responsibility to check the website periodically for changes. Your continued use of or access to our Service following the posting of any changes to our website constitutes acceptance of such changes.

Our store is hosted on Flywheel and built on WordPress (WooCommerce). They provide us with the online e-commerce platform that allows us to provide our Service to you.

SECTION 1 – ONLINE STORE TERMS

By agreeing to these Terms and the Policies, you represent that you are at least the age of majority in your state or province of residence or that you are the age of majority in your state or province of residence and that you have given us your consent to allow any of your minor dependents to use our Service.

You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of our Service, violate any laws in your jurisdiction (including any copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature when using or accessing our Service.

A breach or violation of any of these Terms or the Policies will result in an immediate termination of our Service.

SECTION 2 – GENERAL CONDITIONS

We reserve the right to refuse our Service to anyone for any reason at any time.

You understand that your content (not including credit card information) may be transferred unencrypted and involves (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfers over networks.

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of our Service without our express written permission.

The headings used in these Terms and the Policies are included for convenience only and will not limit or otherwise affect these Terms or the Policies. Any ambiguities in the interpretation of these Terms or the Policies will not be construed against the drafting party. Any provision of these Terms or the Policies that refers to the word “include,” “includes,” or “including” will be deemed to be followed by the words “without limitation” and will not limit the scope of the meaning of the words to which they relate.

SECTION 3 – ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

We are not responsible if information made available on our website is not accurate, complete, or current. The material on our website is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on our website is at your own risk.

Our website may contain certain historical information. Historical information is not current and is provided for your reference only. We reserve the right to modify the contents of our website at any time, but we have no obligation to update any information on our website. You agree that it is your responsibility to monitor changes to our website.

SECTION 4 – MODIFICATIONS TO OUR SERVICE AND PRICES

Prices for our products and services are subject to change without notice.

We reserve the right at any time to modify or discontinue our Service (or any part or content thereof) without notice at any time.

We will not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of our Service.

SECTION 5 – PRODUCTS OR SERVICES

Certain products or services may be available exclusively online through our Service. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear on our website. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products and services and product and service pricing are subject to change at any time without notice at our sole discretion. We reserve the right to discontinue any product or service at any time. Any offer for any product or service made through our Service is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations or that any errors in our Service will be corrected.

SECTION 6 – ACCURACY OF BILLING AND ACCOUNT INFORMATION

We reserve the right to refuse any order you place with us. 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 credit card, and/or orders that use the same billing and/or shipping address. If we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address or phone number provided by you at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers, or distributors.

You agree to provide current, complete, and accurate purchase and account information for all purchases made using our Service. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

For details on returns, please review our Returns Policy.

SECTION 7 – OPTIONAL TOOLS

We may provide you with access to third-party tools that we neither monitor nor over which we have any control or input.

You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We will have no liability whatsoever arising from or relating to your use of third-party tools.

Any use by you of tools offered through our Service by third-party providers is entirely at your own risk and discretion. You should ensure that you are familiar with and approve of the terms on which such tools are provided by the relevant third-party providers.

We may also, in the future, offer new services and/or features through our Service (including the release of new tools and resources). Such new features and/or services will also be subject to these Terms and the Policies.

SECTION 8 – THIRD-PARTY LINKS

Certain content, products, and services available through our website may include materials from third-parties.

Third-party links on our website may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of, and we do not warrant and will have no liability or responsibility for, any third-party materials or websites or any other third-party materials, products, or services.

We are not liable for any harm or damage related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please carefully review such third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party goods, services, resources, content, or other items should be directed to the third-party.

SECTION 9 – INTELLECTUAL PROPERTY; USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

No license, right, title, or interest in any of our intellectual property is transferred to you as a result of your use of the Service.

If, at our request, you send us certain specific submissions (for example contest entries) or, without a request from us, you send us creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by mail, or otherwise (collectively, “comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any such comments. We are and will be under no obligation (a) to maintain any comments in confidence; (b) to pay compensation for any comments; or (c) to respond to any comments.

We may, but have no obligation to, monitor, edit, or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms or the Policies.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or any other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material or contain any computer virus or other malware that could in any way affect the operation of our website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

SECTION 10 – PERSONAL INFORMATION

Your submission of personal information through our Service is governed by our Privacy Policy.

SECTION 11 – ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our website that contains typographical errors, inaccuracies, or omissions that may relate to product or service descriptions, pricing, promotions, offers, product or service shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information or cancel orders if any information on our website is inaccurate at any time without prior notice (including after you have submitted your order to us).

We undertake no obligation to update, amend, or clarify information on our website, including pricing or service information, except as required by law. No specified update or refresh date applied on our website should be taken to indicate that all information on our website or on any related website has been modified or updated.

SECTION 12 – PROHIBITED USES

In addition to the other prohibitions set forth in these Terms and the Policies, you are prohibited from using our Service: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will, or may be used in any way to, affect the functionality or operation of our Service; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of our Service. We reserve the right to terminate your use of or access to our Service for violating any of the prohibited uses.

SECTION 13 – DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent, or warrant that your use of our Service will be uninterrupted, timely, secure, or error-free.

We do not warrant that the results that may be obtained from the use of our Service will be accurate or reliable.

You agree that from time to time we may remove our Service for indefinite periods of time or cancel our Service at any time, without notice to you.

You expressly agree that your use of, or inability to use, our Service is at your sole risk. Our Service and all products and services delivered to you through our Service are provided “as is” and “as available” for your use, without any representation, warranties, or conditions of any kind, either express or implied, including any implied warranties or conditions of merchantability, fitness for a particular purpose, durability, title, or non-infringement.

To the maximum extent permitted by applicable laws, in no case will Cooper Street Cookies, LLC, its affiliates or subsidiaries, or any of its or their respective directors, officers, members, managers, contractors, suppliers, service providers, employees, agents, OR representatives (COLLECTIVELY, “COOPER STREET PARTIES” and each, a “cooper street party”) be liable for any injury, loss, or claim of any kind or for any direct, indirect, incidental, punitive, special, or consequential damages of any kind (including attorneys’ fees, costs, and expenses), including for any lost profits, lost revenue, lost savings, data loss, replacement costs, or any similar damages, in each instance whether based in contract, tort (including negligence), strict liability, or otherwise (collectively, “Losses”), arising out of or related to your use of OUR Service or any products or services procured using OUR Service, even if ANY COOPER STREET PARTY IS advised of the possibility of such Losses.

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAWS, NO COOPER STREET PARTY WILL BE LIABLE FOR ANY LOSSES IN EXCESS OF THE FEES PAID BY YOU TO US IN CONNECTION WITH YOUR USE OF OUR SERVICE DURING THE SIX-MONTH PERIOD PRECEDING THE DATE ON WHICH THE CLAIM AROSE.

SECTION 14 – INDEMNIFICATION

You agree to indemnify, defend, and hold the Cooper Street Parties harmless from and against any and all Losses arising out of or relating to your breach of these Terms or the Policies or your acts or omissions, including your negligence, willful misconduct, violation of law, or violation of rights of any third-party, whether or not asserted directly by a Cooper Street Party or by a third-party.

SECTION 15 – SEVERABILITY

If any provision of these Terms or the Policies is determined to be unlawful, void, or unenforceable, such provision will nonetheless be enforceable to the fullest extent permitted by applicable laws, and the unenforceable portion will be deemed to be severed from these Terms and/or the Policies, with such determination not affecting the validity and enforceability of any other remaining provisions.

SECTION 16 – TERMINATION

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time, provided that you discontinue any further use of our Service. We also may terminate these Terms at any time and may do so immediately without notice, and deny you access to our Service, if in our sole discretion you fail to comply with any term or provision of these Terms or the Policies. No such termination will relieve either party of any of such party’s rights, obligations, or liabilities under these Terms of the Policies, all of which will survive such termination.

SECTION 17 – ENTIRE AGREEMENT

These Terms and the Policies constitute the entire agreement and understanding between you and us and govern your use of our Service, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including any prior versions of these Terms and the Policies).

SECTION 18 – WAIVER

The failure of us to exercise or enforce any right or provision of these Terms or the Policies will not constitute a waiver of such right or provision.

SECTION 19 – DISPUTES, ARBITRATION, AND APPLICABLE LAW

PLEASE READ THIS SECTION CAREFULLY. IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

(a) Arbitration Agreement.

EXCEPT FOR DISPUTES THAT QUALIFY FOR SMALL CLAIMS COURT, YOU AGREE THAT ALL DISPUTES ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICE OR THESE TERMS, THE POLICIES, OR ANY ASPECT OF THE RELATIONSHIP BETWEEN YOU AND US, INCLUDING ANY PRODUCTS OR SERVICES OFFERED OR SOLD BY US, WHETHER BASED IN CONTRACT, TORT, STATUTE, FRAUD, MISREPRESENTATION, OR ANY OTHER LEGAL THEORY, WILL BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION BEFORE A SINGLE NEUTRAL ARBITRATOR INSTEAD OF IN A COURT BY A JUDGE OR JURY. EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION 19, THE PARTIES AGREE THAT EACH PARTY IS WAIVING THE RIGHT TO SUE IN COURT AND TO HAVE A TRIAL BY A JURY. This paragraph may be referred to as the “Arbitration Agreement” in this Section 19.

(b) Class Action and Mass Action Waiver.

THE PARTIES AGREE THAT ANY ARBITRATION REQUIRED BY THE ARBITRATION AGREEMENT WILL TAKE PLACE ON AN INDIVIDUAL BASIS. The parties agree to waive the right to have any dispute or claim subject to the Arbitration Agreement brought, heard, administered, resolved, or arbitrated as a class arbitration, class action, collective action, or Mass Action (defined below) to the maximum extent permitted by applicable laws. “Mass Action” means a situation in which a party is represented by a law firm or other representative, or a collection of law firms or other representatives, that has initiated more than 100 Demands (defined below) with common questions of law or fact against us within 180 days of initiating your Demand. This paragraph may be referred to as the “Class Action and Mass Action Waiver” in this Section 19. Nothing in these Terms or the Policies precludes you from bringing issues to the attention of federal, state, or local government agencies and, if applicable law allows, such agencies may seek relief against us for you.

Any arbitration required by this Arbitration Agreement must be initiated by a party by sending the other party a written demand for arbitration (“Demand”) only via first-class mail, FedEx, or UPS within the statute of limitations period. Any Demand by you must be delivered to: Cooper Street Cookies, LLC, 320 Martin Street, Suite 100, Birmingham, Michigan 48009. The Demand must include (i) the name, telephone number, mailing address, and email address of the person or entity seeking arbitration; (ii) a statement of the legal claims asserted and the factual basis for those claims; (iii) a description of the remedy sought and an accurate, good-faith calculation of the amount in controversy; and (iv) the signature of the party seeking arbitration. Compliance with this paragraph tolls any applicable statute of limitations as to any dispute or claim subject to the Arbitration Agreement that is stated in the Demand.

(d) Filing a Demand for Arbitration.

A party seeking arbitration of any dispute or claim subject to the Arbitration Agreement must submit a copy of the Demand to the American Arbitration Association (“AAA”) 60 or more days after the Demand is initiated pursuant to Section 19(c) above. The arbitration will be administered by the AAA pursuant to the current AAA Consumer Arbitration Rules, except to the extent modified by these Terms. The AAA rules and instructions are available on the AAA website at www.adr.org/consumer.

(e) Conduct of Arbitration.

In any arbitration of a dispute or claim that is subject to this Arbitration Agreement:

(i) Each party may file such dispositive motions as would be permitted by the Federal Rules of Civil Procedure without obtaining permission from the arbitrator. Upon the filing of any dispositive motion, the arbitrator may stay all further action and deadlines in the arbitration until deciding such motion.

(ii) The parties will have the right to conduct such discovery from the opposing party or any third party that is proportional to the needs of the claim or dispute, considering the importance of the issues at stake, the amount in controversy, the importance of the discovery in resolving the issues, and whether the burden or expense of the proposed discovery outweighs its likely benefit. Proportionality will be decided by the arbitrator when requested by either party.

(iii) The arbitrator will conduct any calls, conferences, or hearings by teleconference or videoconference, unless the arbitrator determines that an in-person hearing is appropriate. Any in-person hearing will be held at a location that is reasonably convenient. Each party will attend all arbitrator calls, conferences, and hearings.

(iv) A party may make a written offer of judgment at least seven days before the date set for the arbitration hearing.

(v) If the arbitrator finds that a party’s claim, counterclaim, or appeal was frivolous, asserted in bad faith, or pursued for purposes of harassment, the arbitrator will award the opposing party its reasonable attorneys’ fees, costs, and expenses and all amounts charged by the AAA for the arbitration.

(vi) The arbitrator will follow these Terms and the law. The arbitrator will not have the authority to commit errors of law or legal reasoning. The arbitrator may award relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that individual party’s claim. The arbitrator may not award relief for or against anyone who is not a party, though the individual relief awarded by the arbitrator may incidentally affect non-parties.

(vii) Either party may appeal an arbitration award that manifestly disregards the law by filing a notice of appeal with the AAA within 30 days after an award is rendered and delivered to the parties. The appeal will be heard by a single arbitrator unless the parties agree to a multi-arbitrator appellate panel. The arbitrator(s) assigned to the appeal will be selected by the agreement of the parties from among those on the AAA Appellate Panel. If the parties are unable to agree, the AAA will appoint the arbitrator(s) from among those on the AAA Appellate Panel. An arbitrator who previously presided over any aspect of a case will be ineligible from serving as an appellate arbitrator in that same case. The appeal, including briefing, will be conducted pursuant to the parties’ agreement or the orders of the appellate arbitrator(s) if the parties are unable to agree.

(f) Severability.

If (i) any dispute or claim subject to the Arbitration Agreement is filed as a class arbitration, class action, collective action, representative action, or Mass Action and (ii) if the Class Action and Mass Action Waiver is held invalid or unenforceable as to such dispute or claim, then the Arbitration Agreement does not apply to that dispute or claim and such dispute or claim must be brought in a court of competent jurisdiction. If any provision of Section 19 other than the Class Action and Mass Action Waiver is held invalid or unenforceable as to a particular dispute or claim, then such provision will be severed from these Terms, and the remainder of these Terms will be enforceable to the maximum extent permitted by law.

(g) Applicable Law.

The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Section 19. If the FAA is found not to apply to any portion of this Section 19, then the applicable laws of the State of Michigan will apply without regard to choice-of-law principles.

(h) 30-Day Right to Opt-Out.

If you do not wish to be bound by this Arbitration Agreement and/or Class Action and Mass Action Waiver, you have the right to opt-out (“Opt-Out”) of its provisions by notifying us of such election only via first-class mail, FedEx, or UPS to Cooper Street Cookies, LLC, 320 Martin Street, Suite 100, Birmingham, Michigan 48009 within 30 days after you first become subject to this Arbitration Agreement and Class Action and Mass Action Waiver. Your notice must include your full name and address, the email address associated with your purchase or/and account (if you have one), and an unequivocal statement that you desire to Opt-Out. If you Opt-Out, all other parts of these Terms and the Policies will continue to apply to you. Your Opt-Out has no effect on any other arbitration agreements or waivers that you may currently have, or may enter into the future, with us.

SECTION 20 – CHANGES TO TERMS AND POLICIES

You can review the most current version of these Terms and the Policies at any time on our website.

We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms or the Policies by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our Service following the posting of any changes to these Terms or the Policies constitutes acceptance of those changes.

SECTION 21 – CONTACT INFORMATION

Questions about these Terms or the Policies should be sent to us at info@cooperstreet.com.