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Terms and Conditions of Use

The following rules ("Terms and Conditions") govern the use of the website located at, or linked to, the URL 

www.feedyoursoulcookies.com and the services, information, and content that may be offered on such site (the "Site"); our Affiliate Program(s) and corporate accounts; the ability to order products and receive newsletters and promotional emails; and any related links. Please read the following Terms and Conditions carefully.

If we maintain any co-branded websites with one or more of our business partners (which website contains a link to these Terms and Conditions), then such co-branded websites are also governed by these Terms and Conditions.

By using our Site, you understand and expressly agree to be legally bound by these Terms and Conditions and our  privacy policy
and to follow these Terms and Conditions and all applicable laws and regulations governing our Site. The Terms and Conditions shall supersede any subsequent terms or conditions included with any purchase order, whether or not such terms or conditions are signed by Feed Your Soul LLC. We reserve the right to change these Terms and Conditions at any time, effective immediately upon posting on our Site. If you violate these Terms and Conditions, we may, without notice, terminate your use of the Site, bar you from future use of the Site, cancel pending orders, and/or take appropriate legal action against you.

You may print a copy of these Terms and Conditions using the print feature in your browser. We suggest retaining a copy for your future reference. It is your responsibility to periodically visit the "Terms and Conditions" link at the bottom of our home page to review the most current version of the Terms and Conditions. You may use your browser to print copies of any updated Terms and Conditions.

Intellectual Property Rights of Feed Your Soul LLC

Our Site is owned and operated by us. Unless otherwise specified, all materials appearing on our Site, including the text, site design, graphics, logos, icons and images, as well as the selection, assembly and arrangement thereof, are the sole property of Feed Your Soul LLC, © 2009, ALL RIGHTS RESERVED. All audio and video clips are the sole property of Feed Your Soul LLC or our respective content providers. The content and software on our Site is the property of Feed Your Soul LLC and/or its suppliers and is protected by U.S. and international copyright and other intellectual property laws. You may view, download, print and retain a copy of pages of our Site only for your own personal use. Except as expressly provided above, you may not use, download, upload, copy, print, display, perform, reproduce, republish, modify, license, post, transmit or distribute any information from our Site in whole or in part without our prior written permission. If you wish to obtain permission to reprint or reproduce any materials appearing on our Site you may contact us at info@feedyoursoulcookies.com
. All rights not expressly granted herein are reserved.

We post legal notices (e.g., copyright and trademark notices and markings) and various credits on pages of our Site. If you duplicate, publish or otherwise distribute material on our Site, you may not remove these notices or credits or any additional information accompanying such notices and credits.

The following is a list of trademarks, trade names and service marks owned by Feed Your Soul LLC

Feed Your Soul®.
The absence of a trademark, trade name or service mark from the above list does not constitute a waiver of our intellectual property rights concerning that trademark, trade name or service mark. All custom graphics, icons, logos and words listed above are trade names, trademarks or service marks of Feed Your Soul LLC in the United States and/or other countries. All other trade names, trademarks or service marks are property of their respective owners. The use of any of our trade names, trademarks or service marks without our express written consent is strictly prohibited. In order to maintain the value of these marks, it is important that they are used correctly. If you have any questions, you may contact us at info@feedyoursoulcookies.com

 

 

Permitted Use

 

You agree that you are only authorized to visit, view and to retain a copy of pages of the Site for your own personal use, and that you shall not duplicate, download, publish, modify or otherwise distribute the material on the Site for any purpose other than for personal use, unless otherwise specifically authorized by us to do so. You also agree not to deep-link to the site for any purpose, unless specifically authorized by us to do so. The content and software on the Site are the property of Feed Your Soul and are protected by U.S. and international copyright laws.

Copyright Policy

 

We may terminate the privileges of any user who uses the Site unlawfully to transmit copyrighted material without a license, express consent, valid defense or fair use exemption to do so. If you submit information to the Site, you warrant that the information does not infringe the copyrights or other rights of third parties.

Representations by You

By visiting the Site, you represent, warrant and covenant that (a) you are at least 18 years old; (b) that you are a resident of the United States; and (c) that all materials of any kind submitted by you through the Site or for inclusion on the Site will not plagiarize, violate or infringe upon the rights of any third-party including trade secret, copyright, trademark, trade dress, privacy, patent, publicity, or other personal or proprietary rights, nor contain inappropriate, offensive, harassing, or other unacceptable material.

Typographical Errors; Accuracy of Information

In the event a gift product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information received from our suppliers, we shall have the right to refuse or cancel any orders placed for products listed at the incorrect price. We shall have the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.

The availability of products and other items on the Site may change at any time, without notice.

Order Acceptance Policy

Your receipt of an electronic or other form of order confirmation does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline your order for any reason. We reserve the right at any time after receipt of your order, without prior notice to you, to supply less than the quantity you ordered of any item. We may require additional verifications or information before accepting any order.

Sales Tax

We will automatically charge and withhold the applicable sales tax for orders where the billing address is listed in New Jersey.  Each customer shall be solely responsible for all sales taxes, or other taxes as required.

Specials, Promotions and Sweepstakes/Contests

Please read the official rules that accompany each special offer, coupon, discount, contest and sweepstakes that we may offer or conduct.

Links and Search Results

Our Site may link to other sites operated by third parties. We have no control over other sites or their content and cannot guarantee, represent or warrant that the content of these sites is accurate, legal and/or inoffensive. We do not endorse the content of other sites, and cannot warrant that these sites do not contain viruses or other features that may adversely affect your computer. By using our Site to search for or link to another third party site, you agree and understand that you may not make any claim against us for any damages or losses resulting from your use of our Site to obtain search results and/or to link to a third party site. However, if you have a problem with a link from our Site, please notify us at info@feedyoursoulcookies.com. 
We will investigate the link and take appropriate action.

Violation of the Terms and Conditions

By using our Site, you understand and agree that we, at our sole discretion and without prior notice, may terminate your access to our Site and to any services offered on our Site, and may remove any communications, reviews, comments, feedback, postings, materials, or other content on our Site you provide to us in connection with the Site ("User Content") if we believe, in our sole discretion, that the User Content violates or is inconsistent with these Terms and Conditions or their intent, that your conduct is disruptive, or you have violated the law or the rights of Feed Your Soul or another user.

License Granted by You

By providing User Content to us, which includes submitting or uploading content or materials for use on the Site, you represent and warrant that you or the owner of all rights to such content or materials has expressly granted us an irrevocable, perpetual, royalty-free, fully paid-up, worldwide license in all languages to use and exploit all or any part of the User Content. Subject to our Privacy Policy, we may copy, sell, license, modify, publish, publicly perform, and distribute all or any portion of the User Content at our sole discretion by any method now existing or later developed. You agree that you shall waive all claims and have no recourse against us for any alleged or actual infringement or misappropriation of any proprietary rights in any User Content. Any User Content will be treated as non-confidential and non-proprietary and may be disseminated or used by us for any purpose, including, but not limited to, developing, creating, manufacturing or marketing products or services.

Compliance with Laws

You agree to comply with all applicable laws, statutes, ordinances and regulations regarding your use of our Site and your purchase of products or services through our Site. We may, in our sole discretion, report actual or perceived violations of law to law enforcement or appropriate authorities. If we become aware, through a complaint or otherwise, of any potential or suspected violation of these Terms and Conditions or our privacy policy ("Privacy Policy"), we may (but are not obligated to) conduct an investigation to determine the nature and extent of the suspected violation and the appropriate enforcement action, during which investigation we may suspend services to any customer being investigated and/or remove any material from our servers. You agree to cooperate fully with any such investigation. You acknowledge that violations of the Terms and Conditions or the Privacy Policy could be subject to criminal or civil penalties.

Export

The United States export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.

Privacy

We respect and make efforts to protect the privacy of all users of our Site. Our current Privacy Policy available at

feedyoursoulcookies.com/PrivacyPolicy.aspx

is incorporated herein by reference and made a part of the Terms and Conditions.

 

   
   
   
   
   

Feedback
We welcome all comments, feedback, information, or materials ("Feedback"), which you submit to us by email or otherwise through or in conjunction with our Site. Please note that Feedback shall be considered non-confidential and become the property of Feed Your Soul LLC. By submitting Feedback to us, you agree to a no charge assignment to us of all right, title and interest in copyrights and other intellectual property rights on a worldwide basis to the Feedback. We shall be free to use Feedback on an unrestricted basis.
Restrictions

You must be 18 years or older and have a valid credit card, with full authority to use it, to submit an order through our Site. You agree not to use our Site or any content contained in it for any illegal or inappropriate activities.

Shipping and Delivery

Feed Your Soul LLC, in conjunction with our service providers, will attempt to deliver a product on the requested day.

Feed Your Soul is a bakery fresh gift business.  Feed Your Soul is not responsible for:

  • Fresh products and preserved items delivered to incorrect addresses supplied by the sender.
  • Unsuccessful deliveries arising from the recipient not being present at time of delivery at the address supplied by the sender.
  • Decreased product quality due to an incorrect delivery address supplied by the sender, or a re-route requested by the sender.
  •  

  • Product quality problems caused by improper handling by the recipient.
Free shipping offers are valid only on weekday deliveries to addresses within the Continental United States.

Orders

Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.

 

Guarantee and Disclaimers

FEED YOUR SOUL LLC GUARANTEES THAT YOU WILL BE COMPLETELY SATISFIED WITH ANY PRODUCTS ORDERED ON THE WWW.FEEDYOURSOULCOOKIES.COM SITE. WITH RESPECT TO OUR GUARANTEE, OUR SOLE AND EXCLUSIVE MAXIMUM LIABILITY AND YOUR SOLE AND EXCLUSIVE REMEDY WILL NOT BE MORE THAN TO REFUND THE PURCHASE PRICE OR TO REPLACE AND DELIVER EQUIVALENT PRODUCT ITEMS, AS APPROPRIATE, AS SOON AS REASONABLY POSSIBLE. THE APPLICABLE GUARANTEE MUST BE BROUGHT WITHIN TEN (10) DAYS AFTER DELIVERY OR WE SHALL NOT BE LIABLE AND YOU WILL HAVE WAIVED ANY AND ALL RELATED CLAIMS REGARDING SUCH PRODUCT ITEMS.

WHILE WE ENDEAVOR TO PROVIDE THE MOST ACCURATE, UP-TO-DATE INFORMATION AVAILABLE, THE DIRECTORIES AND INFORMATION ON OUR SITE MAY BE OUT OF DATE OR INCLUDE OMISSIONS, INACCURACIES OR OTHER ERRORS. OUR SITE AND THE MATERIALS THEREIN ARE PROVIDED "AS IS" AND "AS AVAILABLE." WE DO NOT PROMISE THAT OUR SITE OR ANY SERVICES OFFERED ON OUR SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT THE USE OF OUR SITE OR ANY CONTENT, SEARCH OR LINK ON THEM WILL PROVIDE ANY SPECIFIC RESULTS.

EXCEPT FOR THE GUARANTEE PROVIDED ABOVE IN THIS SECTION, WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, GUARANTEES, WARRANTIES, EXPRESS OR IMPLIED, OF ANY KIND WITH RESPECT TO PRODUCTS SOLD ON OUR SITE, OUR SITE'S USE, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND TITLE/NON-INFRINGEMENT. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY US OR OUR AUTHORIZED REPRESENTATIVES SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF OUR OBLIGATIONS UNDER THESE TERMS AND CONDITIONS.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. You may have other rights which vary from jurisdiction to jurisdiction.

Limitation of Liability

YOU AGREE THAT, EXCEPT AS EXPLICITLY SET FORTH HEREIN, FEED YOUR SOUL LLC, ITS DIRECTORS, OFFICERS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS, LICENSORS, AND SUPPLIERS SHALL NOT BE LIABLE FOR DAMAGES RELATED TO PRODUCTS SOLD OR THE OPERATION, CONTENT OR USE OF OUR SITE. YOU AGREE THAT THIS LIMITATION OF LIABILITY IS COMPREHENSIVE AND APPLIES TO ALL DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DIRECT, INDIRECT, COMPENSATORY, SPECIAL, INCIDENTAL, PUNITIVE AND CONSEQUENTIAL DAMAGES, DAMAGES FOR LOSS OF PROFITS, REVENUES, DATA AND USE, INCURRED BY YOU OR ANY THIRD PARTY, WHETHER IN AN ACTION IN CONTRACT OR TORT, RELATED TO OUR PRODUCTS OR YOUR ACCESS TO, AND USE OF, OUR SITE OR ANY OTHER HYPER-LINKED THIRD PARTY WEB SITE, EVEN IF WE HAVE BEEN ADVISED OF, OR ARE AWARE OF, THE POSSIBILITY OF SUCH DAMAGES.

Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.

Advertising

The Site may contain advertisements and/or sponsorships. The advertisers and/or sponsors that provide these advertisements and sponsorships are solely responsible for insuring that the materials submitted for inclusion on the Site are accurate and comply with all applicable laws. We are not responsible for the acts or omissions of any advertiser or sponsor.

Parties other than Feed Your Soul may operate stores, provide services, or sell product lines on this Site. In the event, where we provide links to the sites of affiliated companies and certain other businesses, we are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals or the content of their websites. Feed Your Soul does not assume any responsibility or liability for the actions, product, and content of all these and any other third parties. You should carefully review their privacy statements and other terms and conditions of use.

Applicable Law

You agree that any legal action brought against us shall be governed by the laws of the State of New Jersey, without regard to conflict of law principles. You agree that the sole jurisdiction and venue for any litigation arising from your use of orders made on our Site shall be an appropriate federal or state court located in Hudson County, New Jersey. We make no representations that the content in our Site is appropriate for access outside the United States. Those who choose to access our Site from outside the United States do so on their own initiative and are responsible for compliance with local laws. If any provision within the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and all remaining provisions shall be enforced.

Indemnity

By using our Site, you agree to indemnify and hold Feed Your Soul LLC, its subsidiaries, affiliates, officers, agents and other partners and employees, harmless from any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of such Site, including providing a link to another site or any User Content.

Severability

If any provision of the Terms and Conditions is held to be invalid, void or unenforceable, the remaining provisions shall nevertheless continue in full force and effect.

DISPUTES

Any dispute relating in any way to your visit to Feed Your Soul or to products you purchase through this Site shall be submitted to confidential arbitration in Jersey City, New Jersey, except that, to the extent you have in any manner violated or threatened to violate Feed Your Soul's intellectual property rights, Feed Your Soul may seek injunctive or other appropriate relief in any state or federal court in the state of New Jersey, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms and Conditions shall be joined to an arbitration involving any other party subject to these Terms and Conditions, whether through class arbitration proceedings or otherwise.

Headings

Section titles in the Terms and Conditions are for convenience and do not define, limit, or extend any provision of the Terms and Conditions.

How to Contact Us

If you have any comments or questions, please do not hesitate to contact us at info@feedyoursoulcookies.com
or at  201-204-0720, or write to us:

Feed Your Soul LLC
520 Jersey Avenue
Jersey City, NJ 07302


© 2009 Feed Your Soul LLC.  All rights reserved.