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Terms of Use/Disclaimer

TERMS OF USE, DISCLAIMER & PRIVACY POLICY

This Terms of Use, Disclaimer & Privacy Policy (“Terms”) constitutes the entire Agreement between Sammy Blair Cookies, LLC (“SBC” or “We” or “Our”) and You (the purchaser, consumer or viewer of the Site, or purchaser of any products whatsoever offered by SBC) and supersedes any and all other negotiations or agreements, whether written or oral, unless such agreements are more protective of Sammy Blair Cookies, LLC’s proprietary materials, in which case the more protective terms shall control. 

By purchasing products through this Site, You agree to all terms herein.  If You disagree with anything in these Terms, Sammy Blair Cookies, LLC does not grant You any rights to purchase products.

Revisions to the Terms. SBC reserves the right to revise, amend, modify or replace this policy, Our Site, and/or Our other policies and agreements at any time and in any manner.   The most current version of Our Terms is available on this page of Our website and will supersede all previous versions. As such, You should review the Terms periodically. Your only recourse, if You disagree with the Terms, or changes to the Terms, is to discontinue Your use of this Site and any products offered.

Copyright. The materials on this Site, including the photographs and/or videos, are copyrighted and owned solely by SBC.  Any unauthorized use of any such materials available on this Site or products sold to You through this Site may violate U.S. copyright as well as other laws. If You breach any of these Terms, in addition to any and all remedies available to SBC, Your authorization to use this Site automatically terminates and You must immediately return any purchased materials as well as any improperly copied materials.  

Trademarks. SBC owns the following trademarks:  SAMMY BLAIR® and SBTM.  You may not use these or any other of SBC’s trademarks or service marks without SBC’s written permission.

In the event of any wrongful use of SBC’s proprietary materials or intellectual property, in addition to all other rights and remedies available at law and equity, SBC may proceed with such injunctive relief as may be available to prevent such use and, in addition, may pursue an action to recover damages.  You agree that, because of the difficulty in measuring damages in connection with any misappropriation or theft of SBC’s confidential and proprietary information, copyrighted information, or other intellectual property, You will be liable to pay SBC $500.00 (five hundred dollars) U.S. for each unauthorized use of SBC’s proprietary information and/or materials.  Also, You will be responsible for any and all of SBC’s attorneys’ fees and costs for having to make any claim, demand, action or pursue litigation against You for such contract breach, misappropriation and/or infringement.  You agree that such amounts are not punitive in nature, but are necessary in order to protect SBC’s proprietary rights and are in the nature of liquidated damages.

Use of Name/Likeness.  By providing SBC with any written comments regarding its Site or products, or programs, You hereby agree to the use of Your name, likeness, and such comments for advertising purposes on the world wide web, print advertising, or any other advertising medium now known or hereafter developed, without compensation.

Refusal of service.  You understand and agree that SBC has the right to refuse to provide products or services to You or any other individual for any reason in its sole discretion.

DISCLAIMER/LIMITATION OF LIABILITY. 

ALL PRODUCTS SOLD ON THIS WEBSITE ARE MADE BY HAND.  AS A RESULT, NO TWO PRODUCTS ARE IDENTICAL.  THE PRODUCTS OR SERVICES PROVIDED AND THE MATERIALS ON THE SAMMY BLAIR COOKIES, LLC WEBSITE ARE PROVIDED BY SAMMY BLAIR COOKIES, LLC ON AN "AS IS" BASIS.  TO THE EXTENT PERMITTED BY LAW, SBC EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, EXPECTED OR INTENDED RESULTS OF ANY PRODUCTS AND/OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY WITH RESPECT TO THE SERVICE OR ANY PRODUCTS. 

IF YOUR USE OF THE PRODUCTS OFFERED THROUGH THIS SITE RESULTS IN THE NEED FOR MEDICAL ATTENTION FOR YOU OR ANY THIRD PARTY, YOU ASSUME ALL COSTS THEREOF WITHOUT ANY RIGHT OF CONTRIBUTION OR RECOVERY FROM SBC.

FURTHER, SBC DOES NOT GUARANTY OR WARRANT, AND DISCLAIMS ANY AND ALL LIABILITY FOR YOUR INABILITY TO USE OUR PRODUCTS OR SERVICES, FOR ANY REASON, INCLUDING, WITHOUT LIMITATION, DEFECTS IN PRODUCTS OR SERVICES, DELAY OR FAILURE OF IN SHIPMENT, AND/OR ANY LOSSES OR DAMAGES ARISING FROM THE USE OF SBC’S PRODUCTS.

IN NO EVENT SHALL SBC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE PRODUCTS OR SERVICES OFFERED FOR SALE BY SBC.

IN THE EVENT PRODUCTS OR SERVICES ARE UTILIZED OR PURCHASED FROM SBC IN A JURISDICTION THAT DOES NOT PERMIT THIS DISCLAIMER, THE MAXIMUM AMOUNT RECOVERABLE FOR ANY CLAIM, DEMAND, ACTION, OR JUDGMENT, INCLUDING ANY AND ALL ATTORNEYS’ FEES AND COSTS SHALL BE RESTRICTED TO THE AMOUNT YOU PAID FOR PRODUCTS ON THIS SITE.

SBC may make changes to the products or services offered on Our Site, or the prices described in Our Site, at any time without notice.  Such changes shall not be considered evidence of improper action or a breach of these Terms. The products and services available on this Site may be out of date, and SBC makes no commitment to update the materials and services at this Site. Information published at this Site may refer to products or services that are not available in Your country. Consult Your SBC business contact for information regarding the products and services that may be available to You.

Links/Third Party Services or Products.  Any reference or link to another site or entity, or to a product or service, obtained from this Site does not necessarily constitute or imply any ownership, sponsorship, endorsement arrangement or any other relationship between SBC, its employees, agents, or affiliates and the linked site, product, or service.  The views and opinions expressed in any referenced link do not necessarily state or reflect those of SBC.

Indemnity. You agree to hold harmless and indemnify SBC, and its officers, directors, employees, affiliates, suppliers, advertisers, and agents from and against any third-party claim arising in any way from or related to Your use of the Site, SBC’s products and/or any use of its services.

Choice of Law/Applicable Laws.  By making purchases from SBC, receiving Our products, and/or using Our Site in any manner, You agree that any legal problems or issues arising as a result of this Site or purchases of goods or services made through this Site are subject to the laws of the state of Colorado, U.S.A., unless U.S. Federal laws apply, without giving effect to any principles of conflicts of laws. Only the Denver County Courts or the U.S. District Court of Colorado will have jurisdiction over matters concerning this Site, purchases made on this Site for products or services, or other claims, demands, actions, or litigation against SBC, its employees, officers, directors, affiliates or successors.  Further, You and SBC expressly and irrevocably consent to the personal and subject matter jurisdiction and venue solely in these courts for any violation of these Terms.  You also agree that in any dispute, including any legal action, with SBC, You will only assert claims in an individual (non-class, non-representative) basis, and that You will not seek or agree to serve as a named representative in a class action or seek relief on behalf of anyone other than Yourself.

SBC administers this Site from its corporate offices in Denver, Colorado USA. SBC makes no representation that products or services on this Site are appropriate or available for use outside the United States, and access to them from territories where their contents are illegal is prohibited. You may not use or export or re-export the products or services at this Site or any copy or adaptation in violation of any applicable laws or regulations including without limitation U.S. export laws and regulations. If You choose to access this Site from outside the United States, You do so on Your own initiative and are responsible for compliance with applicable local laws.

Severability. If any provision or provisions of these terms shall be held to be invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired thereby, and shall remain in full force and effect.

Electronic Communications. By using SBC’s products and/or services, you consent to receiving electronic communications from Us. These communications will include notices about your account and information concerning or related to Our products and services. These communications are part of your relationship with Us. You agree that any notice, agreements, disclosure or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.  Should you wish to opt out of email communications, except for legal notices, please let us know and we will stop sending you emails regarding our product/service offerings.  Failure to comply with your opt-out request shall not be considered a breach of this Agreement.

PRIVACY POLICY

SBC is highly sensitive to the privacy interests of others and believes that the protection of those interests is one of its most significant responsibilities. In acknowledgment of its obligations, SBC has adopted the following Privacy Policy applicable to information that it acquires in the course of its business:  

Acquisition of Information. SBC does not acquire any more information about Site visitors than is required by law or is otherwise necessary to provide a high level of service efficiently and securely or than is acquired by the host of the Site.  No information regarding visitors to the Site is provided to anyone outside SBC without prior written approval from the visitors. If SBC asks for Your email address or personal information to provide other services to You, or to supply You with direct, ongoing information, SBC will maintain that information in a safe and secure server at Our ISP for Our own internal use only.

Disclosure to Third Parties. SBC will provide individually‑identifiable information about web Site visitors to third parties only if SBC is compelled to do so by order of a duly‑empowered governmental authority (including, but not limited to, a court order), or to comply with laws or regulations or in order to provide services requested by You.  In these circumstances, Your information may be divulged without Your consent.

Privacy and Business Partners. When SBC makes services/products available to Our business partners, we will not share with them any more consumer information than is necessary, and we will make every reasonable effort to assure, by contract or otherwise, that they use Our services in a manner that is consistent with this Privacy Policy. 

Cookies.  SBC may use “Cookies.”  Cookies are pieces of information that a web Site transfers to Your computer hard drive.  Cookies can identify a particular computer, but not an individual user. Advertisers may also use their own cookies. We do not control use of these cookies and expressly disclaim responsibility for information collected through them.

Linked Sites.  If a hyperlinked web site from SBC exists, that other web site may ask for personal information – for instance, if You are purchasing a product or service.  SBC has no control of third parties’ use of any personal information You provide.  We urge You to exercise care when providing personal information to anyone.

Advertising.  We may use other third-party advertising companies to serve ads when You visit SBC’s Site(s).  Such third-party companies may use information (not including Your name, address or email address) about Your visits to this and other web sites to provide advertisements on this Site and other sites about goods and services that may be of interest to You.  If You would like more information about this practice, and to know Your choices about not having this information used by these companies, please review Your rights at the Network Advertising Initiative website.

Email Inquiry.  If You send an email inquiry to SBC, the return email address is used for the answer.  We do not use the return email address for any other purpose and do not share it with any third party.

Protecting children’s privacy is especially important to us. It is Our policy to comply with the Children’s Internet Protection Act (CIPA) and all other applicable laws. While we make every effort to ensure that Our Site is appropriate for Our audience, we believe that there is no substitute for proper parental supervision. SBC recommends that children ask a parent for permission before sending personal information to SBC, or to anyone else online.

Public Areas of Site.  Please remember that any information You may disclose in any public areas of Our Web Site(s) or the Internet becomes public information. You should exercise caution when deciding to disclose personal information in these public areas.

Hackers.  SBC’s Site has security measures in place to protect the loss, misuse, and alteration of the information under Our control. While we make every effort to ensure the integrity and security of Our network and systems, we cannot guarantee that Our security measures will prevent third-party “hackers” from illegally obtaining this information.

Contact.  If You have any questions regarding Our Site or this Disclaimer and Privacy Policy, please contact: info@sammyblaircookies.com or call (303) 257-4218.

Last Updated: November 2, 2012

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