YOU MAY NOT ORDER OR OBTAIN PRODUCTS OR SERVICES FROM THIS WEBSITE IF YOU (A) DO NOT AGREE TO THESE TERMS, (B) ARE NOT THE OLDER OF (i) AT LEAST 18 YEARS OF AGE OR (ii) LEGAL AGE TO FORM A BINDING CONTRACT WITH PINK DOOR COOKIES, OR (C) ARE PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF THIS WEBSITE’S CONTENTS, GOODS OR SERVICES BY APPLICABLE LAW.
THESE TERMS REQUIRE THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS.
PinkDoorCookies.com (the “Website”) is operated by Pink Door Sweets, Inc (“Pink Door Cookies”). Throughout the Website, the terms “we”, “us” and “our” refer to Pink Door Cookies and, as applicable, its parents, subsidiaries, and affiliates (the “Related Parties”). Pink Door Cookies offers the Website, including all information, tools and services available from this Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
Our store is hosted on WooCommerce and WordPress. They provide us with the online e-commerce platform that allows us to sell our products and services to you. As such, you may also be subject to their terms and conditions.
SECTION 1 – ONLINE STORE TERMS
You may not use our products or services for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.
SECTION 2 – GENERAL CONDITIONS
We reserve the right to refuse service to anyone for any reason at any time without notice. You understand that your content (not including credit card information), may be transferred unencrypted and involve (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 transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service, without express written permission by us.
The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.
SECTION 3 – ACCURACY, COMPLETENESS AND TIMELINESS OF INFORMATION
We are not responsible if information made available on this Website is not accurate, complete, or current. The material on this 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. For the most current information related to Pink Door Cookies, please contact us at [email protected]. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this Website for any reason at any time without notice, 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 – ORDER ACCEPTANCE
SECTION 5 – OUR PROMOTIONS
To promote Pink Door Cookies and raise awareness of its products and services and availability of each, we may distribute to you and you may receive from us offers. Each offer: (i) has a limited time of redemption, as stated therein; (ii) is for single-use purposes only; (iii) will be considered expired once redeemed; (iv) is non-transferable; (v) is not redeemable for cash refunds, as it has no cash value; (vi) is void where restricted, prohibited, or taxed; (vii) is void if redistributed by a third-party, reproduced, sold, auctioned, or altered; (viii) cannot be combined with other offers; (ix) may be limited to certain participating locations only; (x) limited to U.S. residents only; and (xi) may be subject to other restrictions or limitations stated therein.
SECTION 7 – MODIFICATIONS TO THE SERVICE AND PRICES
We reserve the right at any time to modify, update, revise, change, or discontinue the Service (or any part or content thereof) in our sole discretion at any time for any reason without notice. We shall not be liable to you or to any third-party for any modification, price change, suspension, technical lag, outage, inaccessibility, or discontinuance of the Service. We have no obligation to update any information on our Website.
All prices posted on this website are subject to change without notice. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes or charges for shipping and handling. All such taxes and charges will be added to your order subtotal, and will be itemized in your shopping cart and in your order confirmation email. We strive to display accurate price information, however we may, on occasion, make inadvertent typographical errors, inaccuracies or omissions related to pricing and availability. We reserve the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
We cannot guarantee the Website will be available at all times, especially upon the release of new products and during the window of availability for such products. Due to the limited availability of some of our products and waves of excessive demand for such products, we may experience technical difficulties with hardware, software, servers, networks, power management, bandwidth, and other technology components, which may result in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any delay, downtime, or discontinuance of the Website.
UNLESS SPECIFIED ELSEWHERE ON THE SERVICE, ALL SALES ON THE WEBSITE ARE FINAL. EXCEPT AS PROVIDED IN THESE TERMS, THERE ARE NO RETURNS OR REFUNDS.
SECTION 8 – PRODUCTS OR SERVICES
Certain products or services may be available exclusively online through the Website. Some of our products may have limited quantities and may not be restocked or replaced once sold out. For information on returns or exchanges, please read our Returns Policy.
We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. 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 or product pricing are subject to change at anytime without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time for any reason without notice. Any offer for any product or service made on this site 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 the Service will be corrected.
SECTION 9 –ONLINE ORDERING AND PAYMENTS
As a convenience, Pink Door Cookies provides you with an opportunity to order its products online through its Website or a third-party food ordering application, such as DoorDash or Uber Eats. These Terms apply to orders placed online for Pink Door Cookies products, regardless of the platform used to place your order, in addition to other terms that may accompany third-party applications terms and conditions.
By using our Service and ordering online, you understand that: (i) Pink Door Cookies reserves the right to change prices and fees at any time without advance notice (ii) prices for menu items on the Website or through third-party applications, may differ from prices for the same menu items offered at brick-and-mortar locations; (iii) prices for menu items exclude taxes, shipping costs, and other fees; (iv) orders are final and non-refundable, but Pink Door Cookies may grant refunds or credits, in its sole discretion; (v) the number of orders placed online at a single time may be limited; (vi) there may be dollar value limits on orders; and (vii) you must also pay for any applicable taxes, shipping costs, and/or other fees at the time you submit your order for your order to be considered complete.
To complete your online orders, you must provide and pay for your order using a valid form of payment accepted by the Website or third-party application. You are solely responsible for the payment of your order at the time your order is placed. Once you submit your order with the valid form of payment, Pink Door Cookies, or the third-party application operator, will charge, and you authorize Pink Door Cookies, or the third-party application operator, to charge, the valid form of payment you specify at the time you checkout.
Except when you order using third-party applications, such as through a Third-Party Delivery Provider, as defined below, terms of payment are within our sole discretion and, unless otherwise agreed by us in writing, payment must be received by us before our acceptance of an order. We accept major U.S. credit and debit cards. You represent and warrant that (i) the credit or debit card information you supply to us is true, correct and complete, (ii) you are duly authorized to use such credit or debit card for the purchase, (iii) charges incurred by you will be honored by your credit card company or bank, and (iv) you will pay charges incurred by you at the posted prices, including shipping and handling charges and all applicable taxes, if any, regardless of the amount quoted on the website at the time of your order. If your payment method is rejected, expired, or declined, we may immediately cancel your order and/or terminate your access to the Service. If we cancel your order due to your payment being rejected, expired, or declined, we will not be held liable for any loss, damage, or inconvenience caused by such cancellation. You agree that we will not have such liability.
SECTION 10 – THE PINK DOOR COOKIES MENU
All items reflected on a Pink Door Cookies menu are still subject to availability and available while items last. Although we attempt to display a menu that accurately and completely reflects available items, staff availability, ingredient availability, order volume, and other circumstances that can impact availability of items from time to time, may affect the accuracy and completeness of the menu. As a provider of gourmet cookies, we cannot guarantee that our items and images thereof, services, or descriptions displayed on the Website will be accurate or complete in every detail. We reserve the right to update our items and images thereof, services, and descriptions from time to time without notice to you.
SECTION 11 – THIRD-PARTY DELIVERY SERVICES; RISK OF LOSS
Pink Door Cookies may offer its menu items through certain third-party delivery services, such as Uber Eats, DoorDash, and Postmates (“Third-Party Delivery Provider”). Our current delivery service provider(s), if any, are available on the Website. When you place an order through a Third-Party Delivery Provider, you understand and agree that you are using a software service provided by a third-party not affiliated with Pink Door Cookies. As such, you agree that Pink Door Cookies has no responsibility or liability for any acts or omissions of the Third-Party Delivery Provider. All orders placed through a Third-Party Delivery Provider may be subject to additional terms, rules, and restrictions by such Third-Party Delivery Provider.
For all third-party delivery services, title to the food passes from Pink Door Cookies to you at the physical location of Pink Door Cookies and possession of the food passes from Pink Door Cookies to you at said location when a Third-Party Delivery Provider picks up the food on your behalf, thereby acting as your agent.
Where marketplace facilitator laws apply, the respective Third-Party Delivery Provider is responsible for calculating, collecting, and remitting the correcting sales tax.
SECTION 12 – 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. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the email and/or billing address/phone number provided 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 at our store. 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.
SECTION 13 – OPTIONAL TOOLS
We may provide you with access to third-party tools over which we neither monitor nor have any control nor 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 shall have no liability whatsoever arising from or relating to your use of optional third-party tools.
Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).
SECTION 14 – THIRD-PARTY LINKS
Certain content, products and services available via our Service may include materials from third-parties.
Third-party links on this site may direct you to third-party websites that are not affiliated with us. Pink Door Cookies has no control over such websites and resources and is not responsible for and does not endorse such websites and resources. We are not responsible for examining or evaluating the content or accuracy, and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.
You further acknowledge and agree that Pink Door Cookies will not be responsible or liable, directly or indirectly, for any harm, damage, or loss caused or alleged to be caused by or in connection with use of or reliance on any content, events, goods or services available on or through any such website or resource. Any dealings you have with third parties found while using the Website are between you and the third party, and you agree that Pink Door Cookies is not liable for any loss or claim that you may have against any such third party.
Please review carefully the 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 products should be directed to the third-party.
SECTION 15 – USER COMMENTS, FEEDBACK AND OTHER SUBMISSIONS
If, at our request, you send certain specific submissions (e.g., contest entries) or without a request from us you send creative ideas, flavor recommendations, remarks, images, stories, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Submissions”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any manner any Submissions that you forward to us. We are and shall be under no obligation: (1) to maintain any Submissions in confidence; (2) to pay compensation for any Submission; or (3) to respond to any Submissions.
By providing Submissions to us, you expressly grant us an unrestricted, irrevocable, perpetual, transferable, assignable, sub-licensable, worldwide, royalty-free license to disclose, copy, reproduce, display, transmit, distribute, reformat or otherwise use your Submissions, along with your name, voice, photograph, likeness, content, or other information therein, in whole or part, and creative derivative works therefrom, in any form, and for any and all commercial or non-commercial purposes without any compensation to you or anyone else.
You agree that your Submissions will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Submissions 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 the Service or any related 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 Submissions posted by you or any third-party.
You agree that any Submissions you make accurately reflect your personal beliefs and experiences with Pink Door Cookies and its products and services and information related thereto are true to the best of your knowledge.
SECTION 16 – PERSONAL INFORMATION
SECTION 17 – ERRORS, INACCURACIES AND OMISSIONS
Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product 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 in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).
We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.
SECTION 18 – PROHIBITED USES
SECTION 19 – SHIPMENTS, DELIVERY, AND RISK OF LOSS
All orders placed online selected to be shipped will be shipped according to Pink Door Cookies shipping policies. For more details on our shipping and its rates and procedures, please refer to our Shipping Policy.
We will arrange for shipment of your successfully completed orders to you. Please check the individual product page for specific delivery options, if any. You will pay all shipping and handling charges specified during the ordering process. Shipping and handling charges are reimbursement for the costs we incur in the processing, handling, packing, shipping, and delivery of your order. When applicable, and pursuant to local and state laws, sales tax will be collected on shipping and handling costs.
Title and risk of loss pass to you upon our transfer of the products to the carrier. Shipping and delivery dates are estimates only and cannot be guaranteed. We are not liable for any delays in shipments.
Pink Door Cookies ships perishable goods, and as such, we cannot guarantee the condition of goods if your package is rerouted or held up due to circumstances arising from the nature of services provided by carriers, such as FedEx, UPS, or USPS.
SECTION 20 – INTELLECTUAL PROPERTY RIGHTS
Unless otherwise indicated, the Website is our proprietary property and all source code, databases, website design, audio, video, text, photographs, illustrations, video clips, pages, screens, content arrangement, graphics, logos, “look and feel”, button icons, images, and data on the Website (collectively, the “Website Content”) and the trademarks, service marks, and logos (the “Marks”) contained therein are owned, controlled by, licensed to, or used with permission by us, and are protected by copyright, trademark, and trade dress laws and other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Website, Website Content, and Marks (collectively, the “Protected Content”) are made available solely for your personal, non-commercial use. You are prohibited, in whole or in part, from copying, reproducing, aggregating, republishing, uploading, posting, publicly displaying, encoding, translating, transmitting, distributing, selling, licensing, creating derivative works from, or otherwise exploiting the Protected Content for any commercial purpose whatsoever without our express prior written permission. Except as expressly provided herein, we do not grant express or implied right to you under any trademarks, copyrights, or trade secret information.
Pink Door Cookies, Prepare to be Tickled Pink, and the cookie logo are trademarks and/or service marks of Pink Door Cookies.
In addition, the Website may contain copyrighted material, trademarks, logos, and links to third party websites. Any third-party domain, URLs, trademarks, or logos appearing on the Website or in the Website Content are the sole property of their respective owners.
SECTION 21 – THIRD PARTY MATERIALS
The Website may contain profiles, message boards, forums, chat rooms, bulletin boards, and other interactive features that allow users to post, submit, publish, display, or transmit to other users or other persons content or materials. Under no circumstances will Pink Door Cookies be liable in any way for any content or materials of any third parties (including users), including, but not limited to, for any errors or omissions in any content, or for any loss or damage of any kind incurred as a result of the use of any such content. You acknowledge that Pink Door Cookies does not pre-screen content, but that Pink Door Cookies and its designees will have the right (but not the obligation) in their sole discretion to refuse or remove any content that is available via the Service. Without limiting the foregoing, Pink Door Cookies and its designees will have the right to remove any content that violates these Terms or is deemed by Pink Door Cookies, in its sole discretion, to be otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any content, including any reliance on the accuracy, completeness, or usefulness of such content.
User Content Transmitted Through the Service: With respect to the content or other materials you upload through the Service or share with other users or recipients (collectively, “User Content”), you represent and warrant that:
- you own all right, title and interest in and to such User Content, including, without limitation, all copyrights and rights of publicity contained therein;
- you have the right to grant the license granted below to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns;
By uploading any User Content, you hereby grant and will grant Pink Door Cookies and our parents, subsidiaries, and affiliates and service providers, and each of their and our respective licensees, successors, and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify and otherwise use your User Content in connection with the operation of the Service or the promotion, advertising or marketing thereof, in any form, medium or technology now known or later developed. Any User Content you post to the Service will be considered non-confidential and non-proprietary.
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information about the Website (“FeedBack”), provided by you to Pink Door Cookies are non-confidential and non-proprietary and Pink Door Cookies will be entitled to the unrestricted use and dissemination of these Feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
You acknowledge and agree that Pink Door Cookies 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, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Pink Door Cookies, its users and the public. You understand that the technical processing and transmission of the Website, 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.
You understand and acknowledge that you are responsible for any User Content you submit or contribute, and you, not Pink Door Cookies or its parents, subsidiaries, or affiliates or service providers, or any of their and our respective licensees, successors, and assigns, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Content posted by you or any other user of the Website.
SECTION 22 – COPYRIGHT INFRINGEMENT NOTIFICATION
Pink Door Cookies respects the intellectual property of others, and we ask our users to do the same. If you believe any materials accessible on or from our Website infringe your copyright or other intellectual property rights, you may notify Pink Door Cookies of your infringement claim and request removal, or access to, those materials, in accordance with the procedure set forth below.
Pink Door Cookies will process and investigate notices of alleged infringement and will take appropriate actions under the Digital Millennium Copyright Act (“DMCA”) and other applicable intellectual property laws with respect to any alleged or actual infringement. A notification of claimed copyright infringement should be emailed to Pink Door Cookies’ Copyright Agent at [email protected] (Subject line: “DMCA Takedown Request”). You may also notify Pink Door Cookies’ Copyright Agent by mail at:
Pink Door Sweets, Inc.
Attn: Copyright Agent
321 Hart Street, Suite 309
Nashville, TN 37210
To be effective and compliant with the DMCA, your notification must be in writing (the “DMCA Notice”) and contain the following information:
- an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
- a description of the copyrighted work or other intellectual property that you claim has been infringed;
- a description of where the material that you claim is infringing is located on the Website, with enough detail that we may find it on the Website;
- your address, telephone number, and email address;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
- a statement by you, made under penalty of perjury, that the above information in your DMCA Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
Please be aware that if you knowingly materially misrepresent that material or activity on or from our Services is infringing your copyright, or other intellectual property right, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Counter-Notice: If you believe that your User Content that was removed (or to which access was disabled) is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to upload and use the content in your User Content, you may send a written counter-notice containing the following information to the Copyright Agent designated above:
- your physical or electronic signature;
- identification of the content that has been removed or to which access has been disabled and the location at which the content appeared before it was removed or disabled;
- a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
- and your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court located within Tennessee and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by the Copyright Agent, Pink Door Cookies will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
Please be aware that if you knowingly materially misrepresent that material or activity on or from our Services was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys’ fees) under Section 512(f) of the DMCA.
Repeat Infringer Policy: In accordance with the DMCA and other applicable law, Pink Door Cookies has adopted a policy of terminating, in appropriate circumstances and at Pink Door Cookies’ sole discretion, users who are deemed to be repeat infringers. Pink Door Cookies may also at its sole discretion limit access to the Website and/or terminate the memberships of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
SECTION 23 – ELECTRONIC COMMUNICATIONS
By using the Website or sending an email to us, you consent to receive communications from us electronically. Communications from us may be sent through email or published on the Website. You agree that all electronic communications, including, but not limited to, notices, alerts, warnings, disclosures, and agreements, from us to you satisfy any legal requirement that requires us to communicate in writing. You further agree that all electronic communications are deemed given and received on the date we transmit, post, or send such electronic communications.
SECTION 24 – DISCLAIMER OF WARRANTIES
We do not guarantee, represent or warrant that your use of our Website will be uninterrupted, timely, secure, or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products, features, materials, offers, and services delivered to you through the Service are (except as expressly stated by us) provided “as is” and “as available” for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
ALL PRODUCTS AND SERVICES OFFERED ON THIS WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY (A) WARRANTY OF MERCHANTABILITY; (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.
SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO YOU.
YOU AFFIRM THAT WE SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY BREACH OF WARRANTY CLAIMS OR FOR ANY DAMAGES ARISING OUT OF THE MANUFACTURER’S FAILURE TO HONOR ITS WARRANTY OBLIGATIONS TO YOU.
SECTION 25 – LIMITATION OF LIABILITY
IN NO EVENT SHALL PINK DOOR COOKIES, OUR DIRECTORS, OFFICERS, PARTNERS, EMPLOYEES, PARENTS, SUBSIDIARIES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS OR LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INJURY, LOSS, CLAIM OR ANY CONSEQUENTIAL, DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES, LOST SAVINGS, LOSS OF DATA, REPLACEMENT COSTS, DIMINUTION IN VALUE, OR ANY SIMILAR DAMAGES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH (I) YOUR USE OF, OR INABILITY TO USE, ANY OF THE SERVICE OR ANY PRODUCTS PROCURED USING THE SERVICE, (II) ANY OTHER CLAIM RELATED IN ANY WAY TO YOUR USE OF, OR INABILITY TO USE, THE SERVICE OR ANY PRODUCT, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMMISSIONS IN ANY CONTENT, OR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF, OR INABILITY TO USE, THE SERVICE OR ANY CONTENT (OR PRODUCT) POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICE, EVEN IF ADVISED OF THEIR POSSIBILITY, OR (III) ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED.
OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE PRODUCTS AND SERVICES YOU HAVE ORDERED THROUGH OUR WEBSITE.
The limitation of liability set forth above shall: (i) only apply to the extent permitted by law and (ii) not apply to (A) liability resulting from our gross negligence or willful misconduct and (B) death or bodily injury resulting from our acts or omissions.
SECTION 26 – INDEMNIFICATION
SECTION 27 – TERM AND TERMINATION
If we suspend or terminate your Pink Door Cookies account for any reason, you are prohibited from creating a new account under your name, business name, fake name, borrowed name, or the name of any third party. In addition to suspending or terminating your Pink Door Cookies account, we reserve the right to take legal action. We shall not be responsible or liable for any damages or loss, such as loss of family, friends, clients, sales, or profits, as a result of any termination.
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
SECTION 28 – GOVERNING LAW
This Site is operated from the US. All matters arising out of or relating to these Terms and any separate agreements whereby we provide you Services are governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than those of the State of Tennessee.
SECTION 29 – DISPUTE RESOLUTION
YOU AND PINK DOOR COOKIES ARE AGREEING TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY, OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT MAY ALSO BE UNAVAILABLE OR MAY BE LIMITED IN ARBITRATION.
ANY CLAIM, DISPUTE OR CONTROVERSY (WHETHER IN CONTRACT, TORT OR OTHERWISE, WHETHER PRE-EXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, CONSUMER PROTECTION, COMMON LAW, INTENTIONAL TORT, INJUNCTIVE AND EQUITABLE CLAIMS) BETWEEN YOU AND US ARISING FROM OR RELATING IN ANY WAY TO YOUR PURCHASE OF PRODUCTS OR SERVICES THROUGH THE WEBSITE, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION.
The arbitration will be administered by the American Arbitration Association (”AAA”) in accordance with the Consumer Arbitration Rules (the “AAA Rules”) then in effect, except as modified by this Section 29. (The AAA Rules are available at https://www.adr.org/Rules or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision, including any unconscionability challenge or any other challenge that the arbitration provision or the agreement is void, voidable, or otherwise invalid. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties, and may be entered as a judgment in any court of competent jurisdiction.
You agree to an arbitration on an individual basis. In any dispute, NEITHER YOU NOR PINK DOOR COOKIES WILL BE ENTITLED TO JOIN OR CONSOLIDATE CLAIMS BY OR AGAINST OTHER CUSTOMERS IN COURT OR IN ARBITRATION OR OTHERWISE PARTICIPATE IN ANY CLAIM AS A CLASS REPRESENTATIVE, CLASS MEMBER OR IN A PRIVATE ATTORNEY GENERAL CAPACITY. The arbitral tribunal may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. The arbitral tribunal has no power to consider the enforceability of this class arbitration waiver and any challenge to the class arbitration waiver may only be raised in a court of competent jurisdiction.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.
SECTION 30 – ASSIGNMENT
SECTION 31 – NO WAIVERS
The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of Pink Door Cookies.
SECTION 32 – NO THIRD-PARTY BENEFICIARIES
SECTION 33 – NOTICES
SECTION 34 – FORCE MAJEURE
SECTION 35 – SEVERABILITY
SECTION 36 – ENTIRE AGREEMENT
Last Updated: January 31, 2022