This website, located at www.CookieCrush.com or any of our affiliated sites (collectively, the “Site”), is provided by George DeLallo Company, Inc. (“DeLallo”, “we,” “our,” or “us”) to the person accessing this Site (“you,” “your”).
1. You Agree to These Terms by Using This Site
2. Permitted Use of the Site; Termination
The information and materials on this Site are provided for general informational purposes. You may use this site solely for the purpose of learning about and/or purchasing DeLallo services and products. You may not use, reproduce, or distribute the text, graphics, downloads, tools, or any other content on this Site for any other purpose. This site is not directed at children and you may not use this site if you are under the age of thirteen.
Termination of your DeLallo membership includes (a) removal of access to all offerings and features on the Site, (b) deletion of your password and all related information, files, and content associated with or inside your membership page (or any part thereof), and (c) barring of further use of your membership. Further, you agree that all terminations for cause shall be made in DeLallo’s sole discretion and that DeLallo shall not be liable to you or any third party for any termination of your membership, any associated email address, or access to your membership.
You may terminate your membership, this Agreement, and your right to use your membership at any time and for any reason or no reason, by contacting us at: firstname.lastname@example.org
3. User-Submitted Content
The Site may, from time to time, offer interactive features that allow users to submit content to the Site. DeLallo does not and cannot review all such content, and is not responsible for such content.
You acknowledge that by providing the ability to view and distribute user-generated content on the Site, DeLallo is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability related thereto and hereby expressly disclaims any such obligation or liability. By submitting any user-generated content, you represent and warrant that: (a) you are the sole creator and/or author of any such content including any intellectual property rights therein, or before posting, you obtained from the copyright owner the right to use and authorize DeLallo to use, (b) you hereby waive any moral rights you may have in such user-generated content, (c) and all such content is true and accurate. In any event, DeLallo reserves the right to block or remove communications or materials that it determines to be unacceptable to DeLallo in its sole discretion.
By submitting any user-generated content, you hereby grant DeLallo a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, and/or sell and/or distribute such content and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. All content that you submit may be used at DeLallo’s sole discretion without any obligation of confidentiality.
Harassment in any manner or form on the Site, including via email, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a DeLallo employee, host, or representative, as well as other members or visitors on the Site is prohibited. You may not upload to, distribute, or otherwise publish through the Site any content which is false, misleading, inaccurate, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable in a manner in which may constitute or encourage a criminal offense, violate the rights (including intellectual property rights or rights of publicity or privacy) of any party, or which may otherwise give rise to liability or violate any law.
4. Interaction with other Users
You alone are responsible for your involvement with other users. If you have a dispute with one or more users, you irrevocably and forever release DeLallo (and DeLallo’s officers, directors, agents, subsidiaries, joint ventures, and employees) from and indemnify DeLallo against claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes. IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS, A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.
5. Notice; Electronic Communications
When you visit this Site, send emails to DeLallo, or when we post notices on our site or services or communicate with you via email, you are communicating with us electronically. This section informs you of your rights when receiving electronic communications from us. By accessing and using the Site, you consent to receive communications from us electronically. You agree that all notices, disclosures, agreements, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with DeLallo.
We may also use your email address to send you other messages, such as changes to features of our service, newsletters, and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these types of promotional communications from us, you may select the unsubscribe link which is present in each email. Opting out may prevent you from receiving email messages regarding special offers, improvements, or other updates.
Please keep us informed of any changes in your email address so you may continue to receive our communications without interruption.
7. Practices; Typographical Errors; Colors
You acknowledge that DeLallo may establish general practices and limits concerning use of any content, including without limitation the maximum number of days that email messages, message board postings, or other uploaded content will be retained, the maximum number of email messages that may be sent from or received by a membership account, the maximum size of any email message that may be sent from or received by a membership account, and the maximum number of times (and the maximum duration for which) you may access your membership in a given period of time. You agree that DeLallo has no responsibility or liability for the deletion or failure to store any messages and other communications or other content maintained or transmitted. You acknowledge that DeLallo reserves the right to log off, delete, or disable memberships that are inactive for an extended period of time. You further acknowledge that DeLallo reserves the right to modify these general practices and limits from time to time.
In the event that a product is mistakenly listed at an incorrect price or with incorrect specifications, DeLallo reserves the right to refuse or cancel any orders placed for product listed incorrectly, whether or not the order has been confirmed and your credit card charged. If your credit card has been charged for the purchase and your order is cancelled, DeLallo shall issue a credit to your credit card account in the amount of the incorrect price charged. In no event shall DeLallo be obligated to provide you the merchandise at the incorrect price.
The colors shown on the Site may be influenced by the settings of your computer or your monitor. Accordingly, DeLallo makes no guarantees that any actual colors of products or features will be true or accurate.
8. Disclaimer – Warranty
THIS SITE, ITS CONTENT, AND THE MATERIALS AND PRODUCTS ON THIS SITE ARE PROVIDED “AS IS.” TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, DELALLO HEREBY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
DeLallo does not represent or warrant that the functions contained in the Site will be uninterrupted or error-free, that the defects will be corrected, or that this Site or the server that makes the Site available are free of viruses or other harmful components. DeLallo does not make any warranties or representations regarding the use of the materials in this Site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
10. Limitations of Liability
YOUR USE OF THE SITE IS AT YOUR OWN RISK. NEITHER DELALLO, NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, OFFICERS, OR DIRECTORS, NOR ANY OF ITS AGENTS OR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE OR ITS CONTENT, ARE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR OTHER DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THIS SITE WHETHER BASED ON CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to you.
11. Third-Party Links
In an attempt to provide increased value to our visitors, DeLallo may link to sites operated by third parties. However, even if the third party is affiliated with DeLallo, DeLallo has no control over these linked sites, all of which may have separate privacy and data collection practices, independent of DeLallo. These linked sites are only for your convenience and therefore you access them at your own risk. Without limiting the foregoing, DeLallo specifically disclaims any responsibility if such sites: infringe any third party’s intellectual property rights; are inaccurate, incomplete or misleading; are not merchantable or fit for a particular purpose; do not provide adequate security; contain viruses or other items of a destructive nature; or are libelous or defamatory.
DeLallo does not endorse the content, or any products or services available, on such sites. Nonetheless, DeLallo seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback on not only its own Site, but for sites it links to as well (including if a specific link does not work). Any feedback you provide shall be non confidential and non proprietary.
12. Intellectual Property
Unless otherwise noted, the design of the Site, the Site as a whole, and materials that are part of the Site (collectively, ‘Contents’) are copyrights, trademarks, trade dress, or other intellectual property owned, controlled, or licensed by DeLallo or its affiliates. The Contents, including its trademarks such as DELALLO and Logo designs and design, may not be used by you for any commercial purpose without DeLallo’s prior written consent.
Copyright 2002-13, DeLallo, Inc. ALL RIGHTS RESERVED.
All software used on this Site is the property of DeLallo or its software suppliers and protected by copyright laws and may not be used for any purpose by you. You agree not to change or delete any proprietary notices from materials printed or downloaded from the Site.
13. Copyright Complaints
If you believe that your copyright or other rights have been infringed, please provide the following information to our customer service who can be reached by email at email@example.com
(i) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other interest;
(ii) a description of the copyrighted work or other work that you claim has been infringed;
(iii) a description of where the material that you claim is infringing is located on the DeLallos website;
(iv) your address, telephone number, and email address;
(v) a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
(vi) a statement by you that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf.
14. Export Control
Software and other materials from this Site may be subject to United States Export Control. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from this Site may be downloaded or exported: into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Sudan, Syria, or any other country to which the United States has embargoed goods; or anyone on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders.
DeLallo does not authorize the downloading or exportation of any software or technical data from this Site to any jurisdiction prohibited by the United States Export Control Laws.
15. Law and Jurisdiction
CookieCrush.com requests and collects personal information from our customers at various site locations and instances, including, but not limited to, when you create a CookieCrush.com membership, make a purchase, communicate with us via social media, write a product review, create a shopping list, participate in events, contests, or promotions, contact our customer care team, or post other customer-generated content to this Site. These are currently the primary ways in which we gather information, however, we may also collect data through other channels in the future.
The types of personal information we may collect from you can vary according to the method through which it was attained. It may include, but is not limited to, the following:
We receive and store any information you knowingly provide to us, such as:
– Full name
– Email address
– Phone number
– Shipping address
– Billing information and payment details (such as billing address, credit card details, and other sensitive financial information, specifically for the purpose of completing your transaction)
– Username and password for your CookieCrush.com membership
– A record of your CookieCrush.com orders, purchase history, and shopping behavior and preferences
– Information provided by you through your interactions with us in social media
– Location and geographic information that could be collected if you use our mobile site or app.
– Other details that you may submit to us or that may be included in the information provided to us by third parties.
– Additionally, when you select to email a friend a recipe to share, we request their email address from you to send them a one-time email. We do not share your friends email information for any other purposes unless that friend creates a membership to CookieCrush.com.
2. Information Collected Automatically
We may collect and store non-personally identifiable usage information (including frequency and number of visitors to our Site). Such data is used only in aggregate form and in a manner that assures your anonymity. We may provide this anonymous, aggregate information to our partners; and our partners may additionally use such information in order to determine general usage patterns and trends in an effort to provide you with an improved online experience.
3. Email & Other Communications
We may contact you via email to send you necessary order-related messages, such as order confirmation and shipment confirmation notices.
We may also send you newsletters and additional email messages about our products, services, contests, and promotions that we feel may be of interest to you. If you no longer wish to receive these and other promotional communications from us, you may select the unsubscribe link which is present in each email.
4. How We Use Your Information
All of the personal information we collect from our customers is for the purpose of the reasoning described above (see sections b & c), as well as:
– processing, verifying, validating, and completing your transaction
– creating, managing, and maintaining your membership to this Site
– providing requested customer support and services
– record keeping of your purchase history
– enabling communication via our Site, blog, and social networks
– managing your participation in contests and promotions
– sending email as appropriate (See Section c: Email & Other Communications)
5. Under 13 (The Children’s Online Privacy Protection Rule)
CookieCrush.com is intended for users who are 13 years of age and older. If you are under the age of 13, you are not permitted to submit any personal information to CookieCrush.com. We will promptly delete any personal information from a person under the age of 13 should we discover that we have collected such information from a person under the age of 13 without verification of parental consent. If you believe we may have collected information from a person under the age of 13, please promptly contact firstname.lastname@example.org so we can correct.
2. Information Sharing
CookieCrush.com does not share the personal information of its users with any unaffiliated third parties for their promotional purposes. We share your personal information with unaffiliated third parties only as described below:
1. Payment, Shipping, Referral, & Other Programs
We use a third party payment processor and a third party shipping agent to ensure the payment and delivery of your purchased products. We also use a third party to administer our referral program. We may use other third parties for other services from time to time. These third parties have no authority to use your personal information for their own promotional purposes.
2. Legal Disclosure
We reserve the right to disclose personal information to our service providers, the government, law enforcement agencies, or other third parties under certain circumstances where a formal request has been made (such as in responding to a court order, subpoena, or judicial proceeding) as CookieCrush.com, in our sole and absolute discretion, deems necessary and appropriate. Moreover, in the event of a sale, merger, or transfer of some or all of CookieCrush.com’s assets, or dissolution or bankruptcy, your personal information may be transferred to an unaffiliated third party as part of or apart from other transferred assets or assets. Any transfer will then be governed by and be the responsibility of any purchaser of or successor to the transferred assets or assets. We shall notify you by a notice on the home page of any change in the information practices governing your personal information as a result of any transfer of assets or any asset change in ownership, and your choices in how your information is used.
3. Links to Third Party Websites
This Site contains links to other websites. CookieCrush.com takes no responsibility for the privacy practices or the content of these other websites. We encourage you to read the privacy policies of each website you visit prior to disclosing your personal information.
4. User-Generated Content & Information Disclosure
Any personal information or image content you voluntarily disclose online in a manner that other users can view (including, but not limited to: recipe reviews, comments, on social media pages, in connection with contests and promotions, and on the DeLallo blog) becomes publicly available, and can be read, collected, and used by other members of this forum to send you unsolicited messages. Your membership name, email, or other information may also be displayed when you post comments or upload images throughout the Site. CookieCrush.com is not responsible for the personal information users select to disclose in these forums.
3. How We Protect Your Information
CookieCrush.com utilizes some of the most advanced technology available today for Internet security purposes. When you access our checkout using industry standard Secure Socket Layer (SSL) technology, your information is protected with both server authentication and data encryption, ensuring that your data is safe, secure, and available only to DeLallo.
Our site is verified by GoDaddy for all of our secure credit card transactions. We never store your credit card information.
In addition, CookieCrush.com is hosted in a secure server environment that uses a firewall and other
4. Your California Privacy Rights
Under California’s “Shine the Light” law, California residents who provide personal information in obtaining products or services for personal, family, or household use are entitled to request and obtain from us once a calendar year information about the customer information we shared, if any, with other businesses for their own direct marketing uses. If applicable, this information would include the categories of customer information and the names and addresses of those businesses with which we shared customer information for the immediately prior calendar year (e.g. requests made in 2012 will receive information regarding 2011 sharing activities).
To obtain this information from DeLallo please send an email message to email@example.com with “Request for California Privacy Information” on the subject line and in the body of your message. We will provide the requested information to you at your email address in response. Not all information sharing is covered by the “Shine the Light” requirements, and only information on covered sharing will be included in our response.
Last updated April 2, 2012
19. Questions and Feedback
We welcome your questions, comments, and concerns about this Site. Please send us any and all feedback pertaining to this Site to firstname.lastname@example.org.