Creme-Delish Culinary Powder
Culinary Powder

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Policies & Terms Agreement

Last Updated: December 2, 2023
Thank you for choosing to participate in our community at Creme-Delish LLC ("Company", "CD", "we", "us", or "our"). We are committed to protecting your personal information and your right to privacy. If you have any questions/concerns about our Policies and Terms Agreement, or our practices in regards to personal data management, please contact use using our Contact Us Form.

Our Terms Of Use outlines acceptable use by a consumer or business (hereinafter MEMBER, or collectivly MEMBERS), who use our interfaces, apps, websites, services, support, tools, or other media form, media channel, mobile website, mobile application, and the like related, linked, or otherwise connected thereto (hereinafter OFFERINGS), regardless of how the OFFERINGS have been accessed, if funds have been rendered, or the MEMBER has provided information to create a login to access our OFFERINGS. A violation of these terms can result in loss of access to all OFFERINGS available through CD without refund. We are a U.S. based company and have our offices in Spring, TX. You agree that by accessing the OFFERINGS, you have read, understood, and agreed to be bound by all of these policies and terms outlined in our Policy and Terms Agreement.

Our Cookie Policy describes how we might use information collected by your usage if you utilize our OFFERINGS or interact with us through sales, marketing, events, promotionals, or the like (hereinafter INTERACTIONS). This privacy policy will clairfy, as simply as possible, the technology used, information we collect and how we use it, as well as, what rights you have in regards to controlling our use of them.

Our Privacy Policy explains, in the clearest way possible, what information we collect, how we use it, and what rights you have in relation to it.

Any of our OFFERINGS that link to, reference, or otherwise direct users to this Policies and Terms Agrement are the OFFERINGS that are made available under this agreement. This Policies and Terms Agrement is broken in to sections for ease of use. All sections within our Policies and Terms Agrement make up a single, binding agreement between a you, the MEMBER, and CD.

If there are any policies or terms that you do not agree with, within this agreement, you must discontinue use of our OFFEERINGS immediately.

Table Of Contents

TERMS OF USE

1. Agreement To Terms Of Use

These Terms of Use constitute a legally binding agreement made between you, as a MEMBER, whether personally or on behalf of an entity (“you”) and CD. We reserve the right to update, change, or amend this agreement at any time, in our sole discretion. We will alert MEMBERS of changes by updating the "Last Updated" section, at the top of this agreement, with the date of the latest changes and you waive any right to receive specific notice of each such change. Please ensure that you check this agreement every time you use our OFFERINGS so that you understand which policies and terms apply. You will be subject to, will be deemed to have been made aware of, and to have accepted, the changes in any revised policies and terms by your continued use of the OFFERINGS after the date such revised policies and terms are posted. IF YOU DO NOT AGREE WITH ALL OF THESE POLICIES AND TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE OFFERINGS AND YOU MUST DISCONTINUE USE IMMEDIATELY.

Within areas of our OFFERINGS there are tools that allow a MEMBER to utilize functionality provided by a third-party, such as Google's Map API. A MEMBER who uses these third-party functionalities within their usage of our OFFERINGS agrees to also be bound by Terms of Service provided by the owners of said functionalities.

2. Intellectual Property Rights

Unless otherwise indicated, the OFFERINGS are our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics within the OFFERINGS (collectively, the “Content”) and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Content and the Marks are provided in our OFFERINGS “AS IS” for your information and personal use only. Except as expressly provided in these Terms of Use, no part of the OFFERINGS and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.

Provided that you are eligible to use the OFFERINGS, you are granted a limited license to access and use the OFFERINGS and to download or print a copy of any portion of the Content to which you have properly gained access solely for your personal, non-commercial use. We reserve all rights not expressly granted to you in and to the OFFERINGS, the Content and the Marks.

3. User Representations

By using the OFFERINGS, you represent and warrant that: (1) all registration information you submit will be true, accurate, current, and complete; (2) you will maintain the accuracy of such information and promptly update such registration information as necessary; (3) you have the legal capacity and you agree to comply with these Terms of Use; (4) you are not a minor in the jurisdiction in which you reside; (5) you will not access the OFFERINGS through automated or non-human means, whether through a bot, script, or otherwise; (6) you will not use the OFFERINGS for any illegal or unauthorized purpose; and (7) your use of the OFFERINGS will not violate any applicable law or regulation.

If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to refuse access to our OFFERINGS (or any portion thereof).

4. User Registration

You may be required to register within the OFFERINGS. You agree that you are responsible for all use of your account and password and that you will keep your password confidential. We reserve the right to remove, reclaim, or change any account data you provide if we determine, in our sole discretion, that such data is inappropriate, obscene, or otherwise objectionable.

5. Prohibited Activities

You may not access or use our OFFERINGS for any purpose other than that for which we make the OFFERINGS available. The OFFERINGS may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

As a MEMBER of these OFFERINGS, you agree not to:
  • Sell or otherwise transfer your profile and/or account.
  • Disparage, tarnish, or otherwise harm, in our opinion, CD and/or the OFFERINGS.
  • Attempt to bypass any measures of the OFFERINGS designed to prevent or restrict access to the OFFERINGS, or any portion of the OFFERINGS.
  • Trick, defraud, or mislead us and/or other users, especially in any attempt to learn sensitive account information such as user passwords or PINs.
  • Engage in any automated use of the OFFERINGS, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
  • Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
  • Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the OFFERINGS or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the OFFERINGS.
  • Engage in unauthorized framing of or linking to the OFFERINGS.
  • Circumvent, disable, or otherwise interfere with security-related features of the OFFERINGS, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the OFFERINGS and/or the Content contained therein.
  • Systematically retrieve data or other content from the OFFERINGS to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
  • Use any information obtained from the OFFERINGS in order to harass, abuse, or harm another person.
  • Make improper use of our support services or submit false reports of abuse or misconduct.
  • Use the OFFERINGS in a manner inconsistent with any applicable laws or regulations.
  • Delete the copyright or other proprietary rights notice from any Content.
  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the OFFERINGS.
  • Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the OFFERINGS, or using or launching any unauthorized script or other software.
  • Copy or adapt the OFFERINGS software, including but not limited to C#, jQuery, HTML, JavaScript, or other code.
  • Use a buying agent or purchasing agent to make purchases within the OFFERINGS.
  • Attempt to impersonate another MEMBER or use the username of another MEMBER.
  • Interfere with, disrupt, or create an undue burden on the OFFERINGS or the networks or services connected to the OFFERINGS.
  • Make any unauthorized use of the OFFERINGS, including collecting usernames and/or email addresses of a MEMBER by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
  • Use the OFFERINGS as part of any effort to compete with us or otherwise use the OFFERINGS and/or the Content for any revenue-generating endeavor or commercial enterprise.
  • Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the OFFERINGS to you.

6. User Generated Contributions

The OFFERINGS may invite you to chat, contribute to, or participate in blogs, message boards, forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or within the OFFERINGS, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, "Contributions"). Contributions may be viewable by another MEMBER of the OFFERINGS and through third-party services or websites. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
  • Any use of the OFFERINGS in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the OFFERINGS.
  • Your Contributions do not violate any applicable law, regulation, or rule.
  • The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of CD or any third-party.
  • You are the creator and owner of or have the necessary licenses, rights, consents, releases, and permissions to use and to authorize us, the OFFERINGS, and another MEMBER of the OFFERINGS to use your Contributions in any manner contemplated by the OFFERINGS and these Terms of Use.
  • Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
  • Your Contributions are not false, inaccurate, or misleading.
  • Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
  • You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the OFFERINGS and these Terms of Use.
  • Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libelous, slanderous, or otherwise objectionable (as determined by us).
  • Your Contributions do not violate the privacy or publicity rights of any third-party.
  • Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
  • Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
  • Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
  • Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.

7. CONTRIBUTION LICENSE

By posting your Contributions to any part of the OFFERINGS, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and license to host, use, copy, reproduce, disclose, sell, resell, publish, broadcast, retitle, archive, store, cache, publicly perform, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial, advertising, or otherwise, and to prepare derivative works of, or incorporate into other works, such Contributions, and grant and authorize sub-licenses of the foregoing. The use and distribution may occur in any media formats and through any media channels.

This license will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.

We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area within the OFFERINGS. You are solely responsible for your Contributions to the OFFERINGS and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.

We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorize any Contributions to place them in more appropriate locations within the OFFERINGS; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.

8. Mobile Application License

Use License

If you access the OFFERINGS via a mobile application, then we grant you a revocable, non-exclusive, non-transferable, limited right to install and use the mobile application on wireless electronic devices owned or controlled by you, and to access and use the mobile application on such devices strictly in accordance with the terms and conditions of this mobile application license contained in these Terms of Use. You shall not:
  1. except as permitted by applicable law, decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application;
  2. make any modification, adaptation, improvement, enhancement, translation, or derivative work from the application;
  3. violate any applicable laws, rules, or regulations in connection with your access or use of the application;
  4. remove, alter, or obscure any proprietary notice (including any notice of copyright or trademark) posted by us or the licensors of the application;
  5. use the application for any revenue generating endeavor, commercial enterprise, or other purpose for which it is not designed or intended;
  6. make the application available over a network or other environment permitting access or use by multiple devices or users at the same time;
  7. use the application for creating a product, service, or software that is, directly or indirectly, competitive with or in any way a substitute for the application;
  8. use the application to send automated queries to any website or to send any unsolicited commercial email; or
  9. use any proprietary information or any of our interfaces or our other intellectual property in the design, development, manufacture, licensing, or distribution of any applications, accessories, or devices for use with the application.


Apple and Android Devices

The following terms apply when you use a mobile application obtained from either the Apple Store or Google Play (each an “App Distributor”) to access the OFFERINGS:
  1. the license granted to you for our mobile application is limited to a non-transferable license to use the application on a device that utilizes the Apple iOS or Android operating systems, as applicable, and in accordance with the usage rules set forth in the applicable App Distributor’s terms of service;
  2. we are responsible for providing any maintenance and support services with respect to the mobile application as specified in the terms and conditions of this mobile application license contained in these Terms of Use or as otherwise required under applicable law, and you acknowledge that each App Distributor has no obligation whatsoever to furnish any maintenance and support services with respect to the mobile application;
  3. in the event of any failure of the mobile application to conform to any applicable warranty, you may notify the applicable App Distributor, and the App Distributor, in accordance with its terms and policies, may refund the purchase price, if any, paid for the mobile application, and to the maximum extent permitted by applicable law, the App Distributor will have no other warranty obligation whatsoever with respect to the mobile application;
  4. you represent and warrant that (i) you are not located in a country that is subject to a U.S. government embargo, or that has been designated by the U.S. government as a “terrorist supporting” country and (ii) you are not listed on any U.S. government list of prohibited or restricted parties;
  5. you must comply with applicable third-party terms of agreement when using the mobile application, e.g., if you have a VoIP application, then you must not be in violation of their wireless data service agreement when using the mobile application; and
  6. you acknowledge and agree that the App Distributors are third-party beneficiaries of the terms and conditions in this mobile application license contained in these Terms of Use, and that each App Distributor will have the right (and will be deemed to have accepted the right) to enforce the terms and conditions in this mobile application license contained in these Terms of Use against you as a third-party beneficiary thereof.

9. Guidelines For Reviews

We may provide you areas within the OFFERINGS to leave reviews or ratings. When posting a review, you must comply with the following criteria:
  1. you should have firsthand experience with the person/entity being reviewed;
  2. your reviews should not contain offensive profanity, or abusive, racist, offensive, or hate language;
  3. your reviews should not contain discriminatory references based on religion, race, gender, national origin, age, marital status, sexual orientation, or disability;
  4. your reviews should not contain references to illegal activity;
  5. you should not be affiliated with competitors if posting negative reviews;
  6. you should not make any conclusions as to the legality of conduct;
  7. you may not post any false or misleading statements; and
  8. you may not organize a campaign encouraging others to post reviews, whether positive or negative.
We may accept, reject, or remove reviews in our sole discretion. We have absolutely no obligation to screen reviews or to delete reviews, even if anyone considers reviews objectionable or inaccurate. Reviews are not endorsed by us, and do not necessarily represent our opinions or the views of any of our employees, affiliates or partners. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review. By posting a review, you hereby grant to us a perpetual, non-exclusive, worldwide, royalty-free, fully-paid, assignable, and sub-licensable right and license to reproduce, modify, translate, transmit by any means, display, perform, and/or distribute all content relating to reviews.

10. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the OFFERINGS ("Submissions") provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

11. Advertisers

We allow advertisers to display their advertisements and other information in certain areas of the OFFERINGS, such as video ads, sidebar advertisements or banner advertisements. If you are an advertiser, you shall take full responsibility for any advertisements you place within the OFFERINGS and any services provided within the OFFERINGS or products sold through those advertisements. Further, as an advertiser, you warrant and represent that you possess all rights and authority to place advertisements within the OFFERINGS, including, but not limited to, intellectual property rights, publicity rights, and contractual rights. As an advertiser, you agree that such advertisements are subject to our Digital Millennium Copyright Act (“DMCA”) Notice and Policy provisions as described below, and you understand and agree there will be no refund or other compensation for DMCA take-down related issues. We simply provide the space to place such advertisements, and we have no other relationship with advertisers.

12. Management & Monitoring

We reserve the right, but not the obligation, to:
  1. monitor the OFFERINGS for violations of these Terms of Use;
  2. take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such MEMBER to law enforcement authorities;
  3. in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof;
  4. in our sole discretion and without limitation, notice, or liability, to remove from the OFFERINGS or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and
  5. otherwise manage the OFFERINGS in a manner designed to protect our rights and property and to facilitate the proper functioning of the OFFERINGS.

13. Cookie Policy & Privacy Policy

We care about data privacy and security. Please review our Cookie Policy and Privacy Policy. By using our OFFERINGS, you agree to be bound by our Cookie Policy and Privacy Policy, which are incorporated into these Terms of Use. Please be advised the OFFERINGS are hosted in the United States. If you access our OFFERINGS from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the OFFERINGS, you are transferring your data to the United States, and you agree to have your data transferred to and processed in the United States.

14. Digital Millennium Copyright Act

Notifications

We respect the intellectual property rights of others. If you believe that any material available on or through the OFFERINGS infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the OFFERINGS infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:
  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
  3. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
  4. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  5. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works within the OFFERINGS are covered by the Notification, a representative list of such works within the OFFERINGS;
  6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed upon.


Counter Notification

If you believe your own copyrighted material has been removed from the OFFERINGS as a result of a mistake or misidentification, you may submit a written counter notification to [us/our Designated Copyright Agent] using the contact information provided below (a “Counter Notification”). To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:
  1. your name, address, and telephone number;
  2. a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
  3. a statement that you will accept service of process from the party that filed the Notification or the party's agent;
  4. identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
  5. a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  6. your physical or electronic signature.


If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question. Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney's fees. Filing a false Counter Notification constitutes perjury.

Designated Copyright Agent
Creme-Delish LLC
Send and email to info@ggetcremedelish.com with a subject of Attn: Copyright Agent.

15. Term and Termination

These Terms of Use shall remain in full force and effect while you use the OFFERINGS. WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS OF USE, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE OFFERINGS (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OF USE OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE OFFERINGS OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.

If we terminate or suspend your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third-party, even if you may be acting on behalf of the third-party. In addition to terminating or suspending your account, we reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.

16. Modifications & Interruptions

We reserve the right to change, modify, or remove the contents of the OFFERINGS at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information within our OFFERINGS. We also reserve the right to modify or discontinue all or part of the OFFERINGS without notice at any time. We will not be liable to you or any third-party for any modification, price change, suspension, or discontinuance of the OFFERINGS.

We cannot guarantee the OFFERINGS will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the OFFERINGS, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the OFFERINGS at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the OFFERINGS during any downtime or discontinuance of the OFFERINGS. Nothing in these Terms of Use will be construed to obligate us to maintain and support the OFFERINGS or to supply any corrections, updates, or releases in connection therewith.

17. Governing Law

These Terms of Use and your use of the OFFERINGS are governed by and construed in accordance with the laws of the State of Texas applicable to agreements made and to be entirely performed within the State of Texas, without regard to its conflict of law principles.

18. Dispute Resolution

Informal Negotiations

To expedite resolution and control the cost of any dispute, controversy, or claim related to these Terms of Use (each "Dispute" and collectively, the “Disputes”) brought by either you or us (individually, a “Party” and collectively, the “Parties”), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon written notice from one Party to the other Party.

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved through binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA") and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes ("AAA Consumer Rules"), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Montgomery, Texas. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in Montgomery, Texas, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) is excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the OFFERINGS be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable, and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

19. Corrections

There may be information on the OFFERINGS that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information within the OFFERINGS at any time, without prior notice.

20. Disclaimer

THE OFFERINGS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE OFFERINGS WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE OFFERINGS AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE OFFERINGS’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE OFFERINGS AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY
  1. ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS,
  2. PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE OFFERINGS,
  3. ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN,
  4. ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR OFFERINGS,
  5. ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE OFFERINGS BY ANY THIRD-PARTY, AND/OR
  6. ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE OFFERINGS. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE OFFERINGS, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.

21. Limitations of Liability

IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD-PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE OFFERINGS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, OUR LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US DURING THE ONE (1) MONTH PERIOD PRIOR TO ANY CAUSE OF ACTION ARISING. CERTAIN US STATE LAWS AND INTERNATIONAL LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS.

22. Indemnification

You agree to defend, indemnify, and hold CD harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third-party due to or arising out of: (1) your Contributions; (2) use of the OFFERINGS; (3) breach of these Terms of Use; (4) any breach of your representations and warranties set forth in these Terms of Use; (5) your violation of the rights of a third-party, including but not limited to intellectual property rights; or (6) any overt harmful act toward any other MEMBER of the OFFERINGS with whom you connected via the OFFERINGS. Notwithstanding the foregoing, we reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify CD, and you agree to cooperate, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

23. User Data

We will maintain certain data that you transmit within the OFFERINGS for the purpose of managing the performance of the OFFERINGS, as well as data relating to your use of the OFFERINGS. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the OFFERINGS. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

24. Electronic Communications, Transactions, and Signatures

Interacting with the OFFERINGS, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email or phone, and within the OFFERINGS, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE OFFERINGS. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

25. California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

26. Miscellaneous

These Terms of Use and any policies or operating rules posted by us within the OFFERINGS or in respect to the OFFERINGS constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the OFFERINGS. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

27. Contact Us

In order to resolve a complaint regarding the OFFERINGS or to receive further information regarding use of the OFFERINGS, please contact us using our Contact Us Form.

28. Availability

Your usage of the OFFERINGS is an acknowledgement on your part that you understand nobody can 100% guarantee the safety of any content available on the Internet and that our OFFERINGS may be designed to help provide a layer of protection for your device and data but are still vulnerable to malicious attack, software and operating system vulnerabilities, configuration or programMatic issues, and/or systems misuse.

The information provided in our OFFERINGS is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the OFFERINGS from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

The OFFERINGS are not tailored to comply with industry-specific regulations (Health Insurance Portability and Accountability Act (HIPAA), Federal Information Security Management Act (FISMA), etc.), so if your interactions would be subjected to such laws, you may not use this OFFERINGS. You may not use the OFFERINGS in a way that would violate the Gramm-Leach-Bliley Act (GLBA).

The OFFERINGS are intended for users who are at least 18 years old. Persons under the age of 18 are not permitted to use, or register within, the OFFERINGS.

29. Business Networks

As a member, or owner, of a business network you understand and agree that you are an Independent Contractor and are responsible for your own business management and duties. The OFFERINGS provided and used by you and/or your employees, agents, partners, and the like in regards to your business are part of what you are paying for in your monthly service and network fees as a business expense.

Any funds paid to a MEMBER as referral fees, commissions, sales compensation, or the like (hereinafter "compensation") for customer acquisition, lead generation, business referrals, or the like (hereinafter "New Business") are paid to said MEMBER solely at our discretion. We reserve the right to adjust, higher or lower, the amount of compensation paid to a MEMBER or determine if a MEMBER will receive compensation for any New Business, in whole or in part.

CD will, in our sole discretion, settle any compensation disputes between MEMBERS and you agree to abide by any outcome reached by CD in the settlement of said dispute. Any disputes of compensation for New Business must be brought to the attention of CD within three (3) months of the occurrence. Any dispute of an occurrence beyond this time will not be altered and CD is not responsible for any loss of compensation.

30. Sweepstakes

Sweepstakes Providers

In areas of the OFFERINGS we offer a tool set for conducting a sweepstakes. These tools are provided to businesses and individuals, who are a paying MEMBER, for the purpose of conducting legal sweepstakes that adhere to the laws in their state. If, for any reason, these tools do not provide a complete tool set to conduct a legal sweepstakes in that your state, you understand and agree that you are responsible for acquiring any such tools needed at your own expense and we are not required develop an interface or have our OFFERINGS communicate with said tools in any manner.

Sweepstakes Participants

In areas of the OFFERINGS you may be offered an opportunity to participate in sweepstakes. These sweepstakes are offered by MEMBERS who utilize our OFFERINGS to promulgate information and content to the public ("Content Distributors"). In areas of the OFFERINGS Content Distributors may ask you to participate in a sweepstakes. You understand and agree that the Content Distributor is responsible for adhering to the laws regarding sweepstakes in their state and that CD is not liable for any loss that arises from your participation in said sweepstakes.

31. Refund & Return Policy

Any product that is able to be returned in it's original condition can be returned for a refunded within 30 days of purchase. Unfortunatly, because it is a food item, open, damaged, or used product can't be returned for a refund. There may be as much as a 20% restocking fee on all refunds.

32. Shipping Policy

All products are shipped from our warehouse within 2 business days after date of purchase. Delivery times for product normally take from 2 to 8 days to arrive based on the carrier used for shipping and the customer's location. Carriers vary from USPS, UPS, and FedEx. Tracking information will be sent to the customers who provide an email address to allow them to track their package. We are not responsible for any carrier delays, delays due to acts of nature, or delays due to incorrect address. Package sent to address with errors in them will not be reshipped without repurchase.
 
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