Professional Bakery Partners Welcome!
0 Cart
Added to Cart
    You have items in your cart
    You have 1 item in your cart
      Total

      Cookie Club of America - Terms of Service

      Terms of Service

      This content may change or be altered in the future at any time and at the sole discretion of the Company. Please direct questions to info@cookieclubofamerica.com

      User Terms of Agreement; by using the Cookieclubofamerica.com web site (“CCA” or the “Site”), a service of Cookie Club of America, you (the “user” or “you”) agree to be bound by the following terms and conditions (the “Terms of Use” or the “Agreement”), including those available by hyperlink. Before you may become a member of CCA, you must read and accept all the terms and conditions in, and linked to, the Agreement. The Agreement is effective on January 1, 2020 for current users and upon acceptance for new users.

      CCA acts as a venue to allow users who comply with CCA’s policies to offer, sell, and buy certain food and related goods within a fixed price format. CCA is not directly involved in the transaction between buyers and sellers. As a result, CCA has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, or the ability of sellers to sell items. CCA does not pre-screen users or the content or information provided by users. CCA cannot ensure that a buyer or seller will actually complete a transaction.

      Consequently, CCA does not transfer legal ownership of items from the seller to the buyer. CCA cannot guarantee the true identity, age, and nationality of a user. CCA encourages you to communicate directly with potential transaction partners through the tools available on the Site.

      You agree that CCA is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items and links posted by you, other users, or outside parties on CCA. You use the CCA service at your own risk.

      CCA does not guarantee same-day shipping on any order. The shipping guidelines published on this website are not guarantees of a shipping or arrival date, they are estimates.

      Cookies

      A cookie is a small amount of data, which often includes an anonymous unique identifier, which is sent to your browser from a web site's computers and stored on your computer's hard drive. You can configure your browser to accept all cookies, reject all cookies, or notify you when a cookie is set. If you reject all cookies, you may not be able to take full advantage of the CCA service. CCA uses its own cookies for a number of purposes, including to: Access your information when you "sign in"; keep track of preferences you specify while you are using  CCA's services; display local product offerings; estimate and report CCA's total audience size and traffic; conduct research to improve CCA's content and services. CCA cookies do not collect personal information, and does not combine information collected through cookies with other personal information to tell us who you are or what your username or email address is.

      User Eligibility

      Age: CCA’s services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. Individuals under the age of 18 can use this service only in conjunction with and under the supervision of a parent or legal guardian. In this case, the adult is the user and is responsible for any and all activities.

      Compliance

      You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes. In addition, you must abide by CCA’s policies as stated in the Agreement and CCA’s Privacy Policy. Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify CCA of any unauthorized use of your password or any breach of security. You also agree that CCA cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. Account Transfer: You may not transfer or sell your CCA account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement. Right to Refuse Service: CCA’s services are not available to temporarily or indefinitely suspended CCA’s members. CCA reserves the right, in CCA’s sole discretion, to cancel unconfirmed or inactive accounts. CCA reserves the right to refuse service to anyone, for any reason, at any time.

      Listing and Selling

      Listing Description: By listing an item on the Site you warrant that you and all aspects of the item comply with CCA’s policies. You also warrant that you may legally sell the item. You must accurately describe your item and all terms of sale in your CCA shop. Your listings may only include text descriptions, graphics, pictures and other content relevant to the sale of that item. All items must be listed in an appropriate category with appropriate tags. Each listing must accurately and completely describe the item/items for sale in that listing.

      Shop Policies: All sellers are urged to outline shop policies for their CCA shop. These policies may include, for example: shipping, returns, payment and selling policies. Sellers must create reasonable policies in good faith and must abide by such policies. All shop policies must comply with CCA’s site-wide policies. Sellers are responsible for enforcing their own reasonable shop policies.  CCA reserves the right to request that a seller modify a shop policy.

      Binding Sale: All sales are binding. The seller is obligated to ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller’s listing (such as payment method), or (b) the seller cannot authenticate the buyer’s identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

      Fee Avoidance: The price stated in each item listing description must be an accurate representation of the sale. Sellers may charge reasonable handling fees to cover the costs for packaging and mailing the items. Sellers may not charge excessive handling fees or otherwise avoid fees. You may not alter the item’s price after a sale for the purpose of avoiding CCA transaction fees, misrepresent the item’s location, or use another user’s account without permission.

      Prohibited Activities

      You are solely responsible for your conduct and activities on and relating to CCA and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, “Content”) that you submit, post, and display on CCA. Restricted Activities: Your Content and your use of CCA shall not:

      1. Be false, inaccurate or misleading
      2. Be fraudulent or involve the sale of illegal, counterfeit or stolen items
      3. Infringe upon any third party’s copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy
      4. Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
      5. Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
      6. Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including CCA staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
      7. Be obscene or contain child pornography
      8. Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
      9. Host images not part of a listing
      10. Link directly or indirectly, reference or contain information about goods or services offered external to CCA.
      11. Modify, adapt or hack CCA or modify another website so as to falsely imply that it is associated with CCA.
      12. Appear to create liability for CCA or cause CCA to lose (in whole or in part) the services of CCA’s ISPs or other suppliers
      13. Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on CCA

      Furthermore, you may not list any item on CCA (or consummate any transaction that was initiated using CCA’s service) that, by paying to CCA the commission or transaction fee, could cause CCA to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

      Content

      License: CCA does not claim ownership rights in your Content. You grant CCA a license solely to enable CCA to use any information or Content you supply CCA with, so that CCA is not violating any rights you might have in that Content. You grant CCA a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow CCA to store or re-format your Content on CCA and display your Content on CCA in any way as CCA chooses. CCA will only use personal information in accordance with CCA Privacy Policy.

      As part of a transaction, you may obtain personal information, including email address and shipping information, from another CCA user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for CCA-related communications. CCA has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any CCA user to your email or physical mail list. For more information, see CCA’s Privacy Policy.

      Re-Posting Content: By posting Content on CCA, it is possible for an outside website or a third party to re-post that Content. You agree to hold CCA harmless for any dispute concerning this use. If you choose to display your own CCA-hosted image on another website, the image must provide a link back to its listing page on CCA.

      Information Control

      CCA does not control the Content provided by users that is made available on this website. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

      Additionally, there may also be risks dealing with international trade and foreign nationals. By using CCA, you agree to accept such risks and that CCA (and CCA’s officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on CCA. Please use caution, common sense, and practice safe buying and selling when using CCA.

      Other Resources: CCA is not responsible for the availability of outside websites or resources linked to or referenced on the Site. CCA does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that CCA shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

      Resolution of Disputes and Release

      In the event a dispute arises between you and CCA, please contact CCA. Should you have a dispute with one or more users, or an outside party, you release CCA (and CCA’s officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. CCA encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

      CCA, for the benefit of users, may try to help users resolve disputes.  CCA does so in CCA’s sole discretion, and CCA has no obligation to resolve disputes between users or between users and outside parties. To the extent that CCA attempts to resolve a dispute, CCA will do so in good faith based solely on CCA’s policies. CCA will not make judgments regarding legal issues or claims.

      CCA’s Intellectual Property

      CCA, and other CCA graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of CCA, Inc. in the U.S. and/or other countries. CCA’s trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

      Access and Interference

      Much of the information on CCA is updated on a real-time basis and is proprietary or is licensed to CCA by CCA’s users or third parties. You agree that you will not use any robot, spider, scraper or other automated means to access CCA for any purpose without CCA’s prior express written permission. Additionally, you agree that you will not:

      1. Take any action that imposes, or may impose, in CCA’s sole discretion, an unreasonable or disproportionately large load on CCA’s infrastructure
      2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) from the Site without the prior expressed written permission of CCA and the appropriate third party, as applicable
      3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site

      Breach

      Without limiting any other remedies, CCA may, without notice, and without refunding any fees, delay or immediately remove Content, warn CCA’s community of a user’s actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user’s account privileges, terminate a user’s account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply: 

      CCA suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; CCA is unable to verify or authenticate any of your personal information or Content; Or CCA believes that a user is acting inconsistently with the letter or spirit of CCA’s policies, has engaged in improper or fraudulent activity in connection with CCA or the actions may cause legal liability or financial loss to CCA ’s users or to CCA.

      Privacy

      Except as provided in CCA’s Privacy Policy, CCA will not sell or disclose your personal information (as defined in the Privacy Policy) to third parties without your explicit consent. CCA stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

      No Warranty

      CCA,CCA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CCA’S SUPPLIERS PROVIDE CCA’S WEB SITE AND SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. CCA , CCA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND CCA’S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANT-ABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM CCA SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

      Liability Limit

      IN NO EVENT SHALL CCA, AND (AS APPLICABLE )CCA ’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR CCA’S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, CCA’S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES. CCA’S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF CCA’S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO CCA IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

      Indemnity

      YOU AGREE TO INDEMNIFY AND HOLD CCA AND (AS APPLICABLE) CCA’S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

      No Guaranty

      CCA does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside CCA’s control.

      Legal Compliance

      You shall comply with all applicable domestic and international laws, statutes, ordinances and regulations regarding your use of CCA’s service and your listing, purchase, solicitation of offers to purchase, and sale of items. 

      Severability

      If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties’ intention. All remaining provisions of this Agreement shall remain in full force and effect.

      No Agency

      Bakery clients and CCA are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

      CCA Service

      CCA reserves the right to modify or terminate the CCA service for any reason, without notice, at any time. CCA reserves the right to alter policies at any time. If the alterations constitute a material change to the Terms of Use, CCA will notify you via email to the email address in your account. What constitutes a “material change” will be determined at

      CCA’s sole discretion, in good faith, and using common sense and reasonable judgment.

      Choice of Law

      This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Nevada and disputes arising under this Agreement will be adjudicated by the courts of the State of Nevada.

      Notices

      Except as explicitly stated otherwise, any notices shall be given by postal mail to CCA Attn: Legal; Steven J Meyers, Palm Springs, CA (in the case of CCA) or, in your case, to the email address you provide to CCA (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, CCA  may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to CCA . In such case, notice shall be deemed given three days after the date of mailing.

      Disclosures

      The services hereunder are offered by CCA Inc., with legal offices located at; 

      Mr. Stephan Jan Meyers, Esq.
      42215 Washington St. Suite #A-308
      Palm Desert, CA 92211