TERMS AND CONDITIONS
Last Modified: August 1, 2022
,” or “Tiff’s Treats
, including any content, functionality and services offered on or through cookiedelivery.com
Note that these terms provide for binding arbitration in disputes, controversies, or claims (collectively “Disputes”) arising between you and Tiff’s Treats that limit the remedies available to you in the event of a Dispute. Please review the section below entitled Arbitration and if you do not agree with it, you must not access or use the Website.
This Website is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
Accessing the Website and Profile Security
We reserve the right to withdraw or amend the Website, and any feature, product, service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for:
- Your conduct while accessing or using the Website;
- Making all arrangements necessary for you to have access to the Website; and
If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Profile is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your Profile at the end of each session. You should use particular caution when accessing your Profile from a public or shared computer so that others are not able to view or record your password or other personal information.
Terms Specific to the CookieVision® Augmented Reality Services
The CookieVision application (“CookieVision”) is Tiff’s Treats’ augmented reality experience that we may make available from time to time to you on the Website, which allows you to record short video messages for recipients of Tiff’s Treats products and services and that can be shared via social media. Any such videos or content created by you through CookieVision (“CookieVision Content”) shall be considered User Contributions, as defined below.
When CookieVision Content is created with CookieVision, a redemption code with which to access the CookieVision Content on the Website is generated and provided to the recipient. Redemption codes are only valid for 30 days, at which time, the redemption code shall expire, no longer be valid, and the related CookieVision Content will be permanently unavailable.
While using CookieVision, please be aware of your surroundings and use CookieVision and the Website safely. You agree that your use of CookieVision is at your own risk, and it is your responsibility to maintain such insurance policies as you deem reasonably necessary for any injuries that you may incur while using CookieVision. You also agree not to use CookieVision to violate any applicable law, rule, or regulation (including but not limited to the laws of trespass), and you agree not to encourage or enable any other individual to violate any applicable law, rule, or regulation. Without limiting the foregoing, you agree that in conjunction with your use of CookieVision, you will not inflict emotional distress on other people, will not humiliate other people (publicly or otherwise), will not assault or threaten other people, will not enter onto private property without permission, will not impersonate any other person or misrepresent your affiliation, title, or authority, and will not otherwise engage in any activity that may result in injury, death, property damage, and/or liability of any kind. To the extent permitted by applicable law, Tiff’s Treats, on behalf of itself and officers, agents, directors and employees, expressly disclaims all liability related to any property damage, personal injury, or death that may occur during your use of CookieVision, including any claims based on the violation of any applicable law, rule, or regulation or your alleged negligence or other tort liability. Further, in the event that you have a dispute with one or more other users of CookieVision or the Website, you release Tiff’s Treats and our officers, directors, agents, and employees from all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
You can purchase a Tiff’s Treats gift card (“Gift Card
”) electronically or a physical card. The risk of loss and title to any Gift Cards passes to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. You are responsible for all transactions associated with your Gift Card, whether authorized or unauthorized. Unless otherwise required by law, Gift Cards are non-refundable and can only be exchanged for cash or check, upon request, if the balance is less than $5.00. No refund will be provided for any promotional Gift Card provided by Tiff’s Treats, including Cookie Cash®. You may check your balance online at https://www.cookiedelivery.com/OnlineOrdering/GiftCardBalance
, by contacting Customer Support at email@example.com, or at any Tiff’s Treats retail location. No service, inactivity, or other fees will be charged to the Gift Cards. Gift Cards do not expire (except for promotional Gift Cards provided by Tiff’s Treats and Cookie Cash). The Gift Card is void if used for any illegal activity as defined by law. Gift Cards cannot be used to purchase a Tiff’s Treats Elites® membership or Gift Cards. If you chose to mail a Gift Card at the time of purchase, it will be mailed via United States Postal Service.
Terms Specific to the Tiff’s Treats Elite® Membership
Terms Specific to the Cookie Concierge Service
Through the Cookie Concierge service, you can request that Tiff’s Treats print your company logo on the product packaging. By placing an order for Cookie Concierge services from this site, you act as agent for the logo owner and accept the terms and conditions on behalf of the logo owner and bind logo owner to this agreement. You agree to grant Tiff’s Treats a non-exclusive royalty free license to print your company logo on product packaging. You grant Tiff’s Treats the right to copy, modify, distribute, use, upload, download, store, format, and/or create derivative works of any content you have submitted or uploaded for the purpose of fulfilling your order.
If you upload, email, or otherwise submit to Tiff’s Treats any logo for your Cookie Concierge order, you unconditionally guarantee, represent, and warrant that you have all appropriate and necessary right and authority on behalf of the logo owner to:
- submit such a request and enter into this agreement;
- use the subject logo;
- grant Tiff’s Treats permission to print your company logo on products on your behalf and distribute or deliver such products to you and to third parties; and
- confirm that Tiff’s Treats’ printing of your company logo on product packaging will not infringe any trademark, copyright, or other right of any other party.
Tiff’s Treats reserves the right to refuse to print any logo, design, or text that it determines, in its sole discretion, is offensive, illegal, derogatory, vulgar, harassing, discriminatory, obscene, hateful, defamatory, or otherwise objectionable.
You agree on behalf of the logo owner to defend, indemnify and hold harmless Tiff’s Treats, its affiliates, agents, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys' fees) arising directly or indirectly from:
Terms Specific to the Tiff’s Treats Blue Ribbon Club
- Your breach of any clause of this agreement; and
- Any claim that the logo or other content you submitted to Tiff’s Treats infringes the intellectual property rights or other rights of any third party.
™ Cookie of the Month Subscription
By purchasing a prepaid Tiff’s Treats Blue Ribbon Club™ Cookie of the Month Subscription (“Subscription
”), you agree and acknowledge that the Subscription has an initial pre-payment for the applicable length of service selected by you (three, six or twelve months). Subscriptions are not available in all areas.
Recipients will receive notification of Subscription (along with a gift message, if applicable) upon the completion of your purchase. Deliveries under the Subscription will start in the next calendar month after purchase and will continue until the end of the term of the selected Subscription. The Subscription will NOT be renewed after the then-current term expires.
Subscription recipients will receive an email at the beginning of each month informing them of their Blue Ribbon Club Cookie of the Month flavor and inviting them to schedule their delivery for that month. All delivery addresses must be within the local delivery range of a Tiff's Treats location. Subscriptions are for deliveries of 1/2 order of the Blue Ribbon Club Cookie of the Month flavor and ½ order of Tiff’s Mix® or another flavor selected by the recipient when scheduling their delivery.
All deliveries are subject to our Delivery Policy
except where noted herein. The dates and times available for delivery are subject to the windows of availability of the Tiff’s Treats location closest to the recipient’s address. As business dictates, there may be a few days during the year we reserve solely for non-Subscription deliveries (including, Valentine’s Day and a few days prior, Mother’s Day, and any other day as we may decide), but we will always let the recipient know when they schedule the delivery for that month.
We will send a reminder email to the Subscription recipient if they fail to schedule their delivery within a reasonable timeframe after our initial email at the beginning of the month. If the recipient still does not schedule their Subscription delivery, we will deliver the Blue Ribbon Cookie of the Month flavor with Tiff’s Mix at a date and time of our choosing to the address provided when the Subscription was purchased.
Subscriptions cannot be paused and months cannot be skipped, but fortunately, our delivery days and windows can accommodate most schedules.
You may cancel the Subscription at any time by contacting our team at firstname.lastname@example.org
. If you cancel the Subscription before the end of the calendar month which it was purchased (i.e., before the first full month of the Subscription), then we will immediately cancel the Subscription and refund you the entire amount of the Subscription purchase. If you cancel any time following the month of purchase, we will provide you a pro-rated refund to your original payment method for any remaining full calendar months remaining in the Subscription. We have the right to accept or refuse any Subscription in our discretion. We may cancel your Subscription at any time and for any reason, but if we do so, we will provide a pro-rated refund to your original payment method for any remaining full calendar months remaining in the Subscription.
If you wish to purchase any product or service made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and delivery information. You represent and warrant that you have the legal right to use any credit card(s) or other payment method(s) utilized in connection with any Transaction. By submitting such information, you grant to Tiff’s Treats the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Website are subject to change at any time without notice. Certain descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Website does not imply or warrant that these products or services will be available. By placing an order, you represent that the products ordered will be used only in a lawful manner. Tiff’s Treats reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. The Website may contain information about products that are not available in every location. A reference to a product on the Website does not imply or guarantee that it is or will be available in your location or at the time of your order.
. Promotions are void where prohibited by law.
Promotions are limited, subject to change at any time, only good for the dates indicated, and may expire or be discontinued without notice to you. Certain Promotions may only be available via the Website and not in the physical Tiff’s Treats stores. Promotional codes and coupons are not redeemable for cash. Promotional codes and coupons may not be copied, sold, or otherwise transferred. Tiff’s Treats shall not be liable to you or any other person in connection with any Promotion for any reason. Tiff’s Treats may adjust values if the total discount value is greater than the value of your order.
A Cookie Cash® coupon may be provided during certain Promotions and at the Company’s sole discretion. A Cookie Cash coupon will be distributed via email to the email address you provide during the Promotion. Cookie Cash is not legal tender, has no cash value, and cannot be redeemed for cash. A Cookie Cash coupon can be redeemed only during the dates indicated. A Cookie Cash coupon may not be used to purchase Gift Cards (defined above), for taxes or state fees, delivery charges, or a Tiff’s Treats Elites® membership. You can redeem your Cookie Cash coupon in store or on the Website. If you cancel an order for which you used a Cookie Cash coupon AND the Cookie Cash coupon has not expired at the time of cancellation, the Company will reissue the Cookie Cash coupon used on the cancelled order. The same expiration date will continue to apply. Cookie Cash is non-transferable and may not be reproduced or sold. You have no ownership interest in Cookie Cash, and it does not constitute property.
All deliveries are subject to our Delivery Policy
. Please note that you are responsible for reviewing the contents of your delivery and inspecting all of the products contained therein for any defects or other problems upon delivery. Upon the completion of your review of the delivery, we recommend that you immediately place all perishables in your refrigerator and any frozen products in your freezer to ensure the such product’s integrity. The risk of loss and/or damage passes to you at the time of delivery. We highly recommend that you review the USDA’s instructions on safe food handling, which can be found here.
All items are solely at your risk from the time of delivery and thus you are solely responsible for any storage of the contents of any order.
Intellectual Property Rights
The Website and its entire contents, features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof), are owned by the Company, its licensors or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
- Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials;
- You may store files that are automatically cached by your Web browser for display enhancement purposes;
- You may print or download one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication or distribution;
- If we provide desktop, mobile or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; or
- If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
- Modify copies of any materials from this site;
- Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text; or
- Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you wish to make any use of material on the Website other than that set out in this section, please address your request to: email@example.com.
The Company name, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
- In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
- For the purpose of exploiting, harming or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information or otherwise;
- To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam" or any other similar solicitation;
- To impersonate or attempt to impersonate the Company, a Company employee, another user or any other person or entity (including, without limitation, by using e-mail addresses or screen names associated with any of the foregoing); or
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website or expose them to liability.
Additionally, you agree not to:
- Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website;
- Use any robot, spider or other automatic device, process or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
- Use any manual process to monitor or copy any of the material on the Website or for any other unauthorized purpose without our prior written consent;
- Use any device, software or routine that interferes with the proper working of the Website;
- Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful;
- Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer or database connected to the Website;
- Attack the Website via a denial-of-service attack or a distributed denial-of-service attack; or
- Otherwise attempt to interfere with the proper working of the Website.
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards and other interactive features, such as CookieVision (collectively, "Interactive Services") that allow users to create, post, submit, publish, display or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns the perpetual, nonexclusive, irrevocable, transferable, sublicensable, worldwide right and license to use, reproduce, modify, publicly perform, publicly display, distribute, create derivative works based upon, and otherwise disclose to third parties any such User Contribution for any purpose without the payment to you of any fee or royalty. You hereby acknowledge and agree that the use of Website is sufficient consideration for the grant of this license to us.
You represent and warrant that:
- You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns; and
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully 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 Contributions posted by you or any other user of the Website. We cannot control the actions of third parties with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
Any ideas, recommendations, proposals, feedback, or other materials (collectively “Feedback”), provided by you regarding the Website or otherwise, shall be considered a User Contribution. You agree that such Feedback is unsolicited, without restriction, is not confidential, gratuitous as provided by you, Tiff’s Treats is free to use such Feedback for any purpose and does not place Tiff’s Treats under any fiduciary or other obligation.
Online Community Guidelines
Our community is one that is deeply passionate about hot, fresh-from-the-oven cookies and brownies. We seek to create warm treat moments that inspire joy and bring people together. To serve and celebrate our Tiff’s Treats community, we maintain accounts on several social media platforms. These channels are public forums for discussion on topics related to the baked-to-order and delivered-warm treat business and the surrounding community. While we encourage all views and healthy online discourse, engagement on our social media channel might be limited to adhere to the guidelines listed below.
We want our community to be about positive engagement and sharing our warm treat experiences. We seek to encourage and uplift others through the words and imagery posted online and expect our followers to do the same.
Comments posted on our social media platforms and resulting engagements across those platforms are those of the author and/or engager, and do not reflect the views of Tiff’s Treats.
To maintain an online community that seeks to bring people together and celebrate the warm treat moments we all love, Tiff’s Treats reserves the right to hide, delete or disallow comments that contain:
The Tiff’s Treats social community is one focused on positivity and building a welcoming atmosphere. Any individuals that are found to be in repeated violation of these policies may be banned, blocked, or prohibited from participating on our social media platforms.
If you need assistance and require a response from Tiff’s Treats, you may call 512-614-3200 or email firstname.lastname@example.org. Under the Children’s Online Privacy Protection Act of 1998, persons under the age of 13 years old are not allowed to submit questions or comments.
Monitoring and Enforcement; Termination
- Abusive language or imagery including vulgarity, profanity, slurs, or innuendo;
- Personal attacks or doxing of any kind;
- Threats of violence, vandalism, or any other criminal activity;
- Links to any site that is not cookiedelivery.com;
- Suggestions or encouragement of illegal activity;
- Multiple off-topic posts by a single user or several posts copied and pasted by multiple users;
- Spam of any kind;
- Business ideas or proposals;
- Mention of similar organizations;
- Political discussion or unsanctioned support for a candidate or legislation; or
- Promotion or endorsement of commercial services, products, or entities.
We have the right to:
- Remove or refuse to post any User Contributions for any or no reason in our sole discretion;
- Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy;
- Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website; and
Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY ANY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot and do not undertake to review any material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
These Content Standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable;
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person;
- Be likely to deceive any person;
- Promote any illegal activity, or advocate, promote or assist any unlawful act;
- Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person;
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization;
- Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising; or
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
We respond to notices of alleged copyright infringement according to the process set out in the U.S. Digital Millennium Copyright Act (“DMCA”). If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement Tiff’s Treats Holdings, Inc. DMCA agent as follows: by mail to DMCA Designated Agent, Tiff’s Treats Legal Department, 8310-1 N. Capital Hwy, Suite 110, Austin, Texas 78731; by email to email@example.com. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
The Website may include content provided by third parties, including materials provided by other users, bloggers and third-party licensors, syndicators, aggregators and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Tiff’s Treats implements security procedures to help protect User Contributions from security attacks and breaches. However, you understand that use of the Website and its features (including but not limited to the Interactive Features) necessarily involves transmission and storage of your data and User Contributions over networks that are not owned, operated or controlled by us, and we are not responsible for any of your User Contributions that are lost, altered, intercepted or stored across such networks. We cannot guarantee that our security procedures will be error-free, that transmissions of your User Contributions will always be secure, or that unauthorized third parties will never be able to defeat our security measures or those of our third-party service providers.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
Online Purchases and Other Terms and Conditions
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part without our prior express written consent.
This Website may provide certain social media features that enable you to:
- Link from your own or certain third-party websites to certain content on this Website;
- Send e-mails or other communications with certain content, or links to certain content, on this Website; or
- Cause limited portions of content created on, or User Contributions created by, this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us, and solely with respect to the content they are displayed with and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:
- Establish a link from any website that is not owned by you;
- Cause the Website or portions of it to be displayed, or appear to be displayed by, for example, framing, deep linking or in-line linking, on any other site;
- Link to any part of the Website other than the homepage; or
You agree to cooperate with us in causing any unauthorized framing or linking immediately to cease. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website is based in the State of Texas in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, TIMELINESS, TRUTHFULNESS, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
YOU ASSUME ALL RISKS RELATING TO YOUR ONLINE OR OFFLINE COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATED OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE. YOU UNDERSTAND THAT TIFF’S TREATS DOES NOT SCREEN OR INQUIRE INTO THE BACKGROUND OF ANY USERS OF THE SERVICES. TIFF’S TREATS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE WEBSITE. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE WEBSITE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTY, BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
IN NO EVENT WILL THE TOTAL LIABILITY OF THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR FROM THE USE OF OR INABILITY TO USE THE SERVICES OR CONTENT EXCEED FIVE HUNDRED DOLLARS ($500). THE EXCLUSIONS AND LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Governing Law and Jurisdiction
Limitation on Time to File Claims
Waiver and Severability
You may not assign or transfer these Terms, by operation of law or otherwise, without Tiff’s Treats prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null. Tiff’s Treats may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Your Comments and Concerns
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