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TABLE OF CONTENTS

TERMS OF SERVICE
LICENSE TO USE THIS SITE
CHANGES TO SITE AND/OR TERMS OF SERVICE
CHANGES IN SITE OWNERSHIP
OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY
SUBMISSIONS
CBD SERVICES AND RULES FOR USE
REGISTRATION AND ACCEPTANCE OF TERMS
GUIDELINES FOR USE OF THE SERVICES
LINKED SITES
NON-UNITED STATES RESIDENTS
TERMINATION
DISCLAIMER
LIMITATION OF LIABILITY
RISK OF LOSS
COPYRIGHT NOTICE
APPLICABLE LAW
JURISDICTIONAL ISSUES
SEVERABILITY
COMPLIANCE WITH LAWS


TERMS OF SERVICE

PLEASE READ. YOUR USE OF THIS WEB SITE IS SUBJECT TO THESE TERMS OF SERVICE AND OUR PRIVACY POLICY.

BECAUSE COOKIES ARE ALWAYS IN SEASON®

This web site is owned and operated by Cookies by Design, Inc. ("CBD"). These terms of service ("Terms of Service") apply to and govern your use, and any use by another person, of your User Account, as well as your use of this Site and the Services (as defined below). Your use of the Site and/or any Service signifies your agreement to be bound by these Terms of Service and CBD's online Privacy Policy ("Privacy Policy"), which is hereby incorporated by reference.

For purposes of the Terms of Service, the following defined terms shall have these meanings: (i) "Service(s)" shall mean any and all services on, or provided by, the Site, whether or not such services are also provided or delivered by other means or media such as wireless devices; (ii) "Site" shall mean this set of interconnected internet web pages, including the homepage, that have been prepared and maintained as a collection of information by CBD; (iii) "Site Content" shall mean any and all human readable patent audio and/or visual elements of this Site, created or owned by CBD, or third parties, including, without limitation, any text, graphics, images, illustrations, photographs, animations, video, audio or audiovisual works, designs, logos, information, and other content made available through the Site; (iv) "Site Code" shall mean any and all underlying elements of the Site, including without limitation, source code, script, object code, software, computer programs, and other sets of statements and instructions contained in the underlying Site; and (v) "User Account" shall mean any account created by you through a registration process in which you provide information identifying you to CBD's operating systems for the purpose of accessing or using certain Services.


LICENSE TO USE THE SITE

CBD grants you a non-exclusive, non-transferable, limited right and license to access, use and privately display the Site and the Site Content as described herein for your use only, by way of one (1) computer connected to the Site over the Internet, provided that you comply fully with these Terms of Service. You may "cache" pages of the Site for the sole purpose of increasing the speed and efficiency at which you access the Site. Any other copy or use of a portion of the Site is not authorized, will be a violation of these Terms of Service and will constitute a copyright violation. You shall not interfere, or attempt to interfere, with the operation of the Site in any way through any means or device, including, but not limited to, spamming, hacking, uploading computer viruses or time bombs, or any other means expressly prohibited by any provision of these Terms of Service or by law.


CHANGES TO SITE AND/OR TERMS OF SERVICE

CBD reserves the right, at its sole discretion, to change, modify, add or remove any portion of the Site, the Site Content, the Terms of Service, and/or the Privacy Policy, in whole or in part, at any time. Changes to the Terms of Service and Privacy Policy will be effective when posted. You agree to review the Terms of Service and Privacy Policy periodically to become aware of any changes. Your use of the Site after any changes to the Terms of Service and/or Privacy Policy are posted will be considered acceptance of those changes and will constitute your agreement to be bound thereby.


CHANGES IN SITE OWNERSHIP

You will be deemed to have consented to the disclosure to, and use by, a subsequent owner or operator of the Site, of any information about you contained in the applicable CBD database, to the extent CBD assigns its rights and obligations regarding such information in connection with a business reorganization, merger, acquisition, or sale of all or substantially all of CBD's assets, or in connection with a business reorganization, merger, acquisition or sale of all or substantially all of the assets related to this particular Site to a subsequent owner or operator. In the event of such a business reorganization, merger, acquisition, or sale, your continued use of the Site signifies your agreement to be bound by the Terms of Service and Privacy Policy of the Site's subsequent owner or operator.


OWNERSHIP OF TRADEMARKS, COPYRIGHTS, INTELLECTUAL PROPERTY

The Site, Site Content, Site Code, and all copyrights, trademarks, service marks, trade names and all other intellectual property or property rights therein (including, but not limited to, Cookies by Design® and Cookie Bouquet®) are proprietary to and are owned by CBD and/or its licensors and content providers, and are protected by applicable domestic and international copyright laws. Unless expressly permitted in writing by CBD, you shall not copy, capture, reproduce, perform, transfer, sell, license, modify, manipulate, create derivative works from or based upon, republish, upload, edit, post, transmit, publicly display, frame, link, distribute, or exploit in whole or in part the Site, the Site Content or Site Code, or otherwise use the Site, Site Content or Site Code on any other web site, other networked computer environment, or in any medium now known or hereafter developed (each, an "Unauthorized Use").

Any Unauthorized Use constitutes an infringement of the copyrights and other proprietary rights of CBD and/or its licensors and content providers and constitutes a violation of these Terms of Service. Any violation of copyright laws may be subject to severe civil and criminal penalties.


SUBMISSIONS

CBD is pleased to hear from its customers and welcomes your comments regarding CBD products and services, including this Site. Unfortunately, however, CBD's long-standing company policy does not allow it to accept or consider creative ideas (including operating ideas, designs, and original artwork, etc.), suggestions, or materials other than those it has specifically requested (see below). While we value your feedback, we request that you be specific in your comments regarding our services and products, and that you not submit any creative ideas, suggestions, or materials. It is the intent of this policy to avoid the possibility of future misunderstandings when projects developed by CBD's professional staff might seem to others to be similar to their own creative work.

If, at our request, you send or post (i.e., via contests) certain specific submissions, or, despite our request that you not send us any creative ideas, suggestions or other materials, you do so anyway (collectively, the "Submissions"), the Submissions shall be deemed, and shall remain, the exclusive property of CBD. None of the Submissions shall be subject to any obligation of confidence on the part of CBD, and CBD shall not be liable for any use or disclosure of any Submissions. Without limitation of the foregoing, CBD shall exclusively own the copyright and all now known or hereafter existing rights to the Submissions of every kind and nature, in perpetuity, throughout the universe, and CBD shall be entitled to use, reproduce, modify, adapt, publish, translate, license, create derivative works from and distribute such materials or incorporate such Submissions into any form, medium, or technology now known or later developed throughout the universe, for any purpose whatsoever, commercial or otherwise, without compensation to those who provide the Submissions. In addition, you warrant that your Submissions do not violate any person's so-called "moral rights" or other similar or analogous rights under any applicable laws in any country or region of the world. Applicable law may restrict or limit the foregoing provisions of this paragraph. If so, without limitation of the foregoing, you agree that, in no event, shall CBD's total liability exceed $5,000.

You agree to indemnify CBD for any and all claims, damages, losses, and causes of action arising as a result of your Submissions or your failure to comply with the Terms of Service.

Please refer to the GUIDELINES FOR USE OF THE SERVICES below for additional information concerning Submissions.


CBD SERVICES AND RULES FOR USE

As a convenience to its visitors, CBD may provide, from time to time and at its sole discretion, one or more Services, such as e-mail functions, polls, surveys, and other services. These Services are provided by CBD to you and others subject to the Terms of Service, the Guidelines set forth below, the Privacy Policy, and other rules that may be published from time to time (collectively, the "Rules") by CBD. CBD currently provides the Services free of charge to users who agree to be bound and abide by the Rules. CBD reserves the right to change the nature of this relationship at any time.


REGISTRATION AND ACCEPTANCE OF TERMS

In consideration for your use of the Services, you agree to (i) comply with the Rules, (ii) provide accurate, complete and true information about yourself as may be required on any registration form for Services ("Registration Information") in order to create your User Account, and (iii) maintain and update, as applicable, your Registration Information with current and complete information. Users who violate the Rules, or provide inaccurate, false, or non-current Registration Information may, at CBD's sole discretion, have their User Accounts suspended or terminated, and may be permanently banned from using any current or future Services.

As part of your User Account, you will be responsible for creating, and maintaining the confidentiality of your password. We urge you to memorize your password or keep it in a secure place, away from the rest of your User Account information, as sharing your password with others may lead to unauthorized access to your User Account and the information therein. You agree that you will (i) immediately notify CBD of any unauthorized use of your User Account, and (ii) ensure that you properly exit all Services at the completion of your use session. CBD shall have no liability for any loss or damage arising from your use of a User Account, the Site or any Service, or your failure to comply with these requirements.


GUIDELINES FOR USE OF THE SERVICES

You are entirely responsible and liable for all activities conducted by you, and/or any other user of your User Account and of the Services. Listed below are some, though not all, violations that may result in CBD terminating or suspending your User Account and/or access to CBD Services. You agree not to do any of the following actions while using any CBD Service:


LINKED SITES

This Site may frame, and/or contain links to or advertisements about, non-CBD web sites. Other web sites may also reference, advertise, or link to the Site. CBD does not endorse or sponsor other web sites and is not responsible for the content of such web sites. CBD expressly disclaims any statements or assertions made on non-CBD web sites, and denies all liability associated with your use of, and the content on, such other web sites and advertisements.


NON-UNITED STATES RESIDENTS

CBD makes no representation that the Site Content, including products or merchandise offered for sale on the Site, and their copyrights, trademarks, patents, and licensing arrangements, are appropriate or available for use in locations other than the United States. Those who choose to access the Site from locations outside of the United States do so on their own initiative and at their own risk, and are responsible for compliance with local laws, if and to the extent local laws are applicable.


TERMINATION

You understand and agree that CBD may, in its sole discretion and at any time, terminate your password, User Account, or use of any Services, and discard any and all Submissions submitted by you, for any reason. CBD may also, in its sole discretion and at any time, discontinue this Site or Services or limit or restrict any user's access thereto, for any reason. You understand and agree that CBD may take any one or more of these actions without any notice to you, prior or otherwise. Should CBD take any of these actions, it may, in its sole discretion, immediately deactivate and/or delete any or all information about and concerning your User Account, including your Registration Information. You understand and agree that CBD shall not have any liability to you or any other person for any termination of your access to any Services and/or the removal of information concerning your User Account.


DISCLAIMER

THE SITE, SITE CONTENT, SITE CODE, AND SERVICES, ARE PROVIDED "AS IS" "WITH ALL FAULTS" AND "AS AVAILABLE" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CBD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. CBD DOES NOT WARRANT THAT THE AVAILABILITY OF OR THE FUNCTIONS CONTAINED IN THE SITE, SITE CONTENT, SITE CODE OR SERVICES, WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, SITE CONTENT, SITE CODE, OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE, SITE CONTENT, SITE CODE OR SERVER DO NOT VIOLATE ANY PATENT OR OTHER INTELLECTUAL PROPERTY RIGHTS OF ANY PERSON. CBD DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE, THE SITE CONTENT, THE SITE CODE OR THE SERVICES, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT CBD) ASSUME THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE SITE, SITE CONTENT, SITE CODE, AND SERVICES, AS WELL AS THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION IF THERE ARE ANY DEFECTS. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.


LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL CBD BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, SITE CONTENT OR SITE CODE, EVEN IF CBD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. WHILE CBD TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEB SITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, CBD SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR EXEMPLARY, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL CBD'S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE, EXCEED THE AMOUNT PAID BY YOU TO CBD, IF ANY, FOR ACCESSING THIS SITE.


RISK OF LOSS

Title to products or merchandise passes from CBD to you on shipment from one of CBD's locations. Loss or damage that occurs during shipping by hand delivery through either a CBD location employee or agent is the CBD location's responsibility. Loss or damage that occurs during shipping by a common carrier is your responsibility.


COPYRIGHT NOTICE

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide CBD's copyright agent (listed below) the following information, in writing:

CBD's copyright agent for notice of claims of copyright infringement is:

Mullin Law
2425 N. Central Expy
Suite 200
Richardson, TX 75080
Cookies by Design, Inc.
1865 Summit Avenue, Suite 605
Plano, TX 75074
Phone: 972-398-9536
E-Mail: Legal@cookiesbydesign.com

By this notice, CBD seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in 17 U.S.C. Section 512(c) or elsewhere in the law of the United States or any state or territory within the United States.


APPLICABLE LAW

These Terms of Service shall be governed by and construed in accordance with the laws of the State of Texas, without giving effect to its conflicts of law provisions. You hereby submit, through use of the Site, to the exclusive jurisdiction of the courts of the State of Texas and of any United States courts located within Dallas, Texas for purposes of any and all litigation arising out of the use of this Site, or the purchase of any goods made through this Site. You waive any objections to the forum of Texas for lack of venue, forum non conveniens, or any other jurisdictional ground.

Nothing in this paragraph shall prevent either party from seeking interlocutory and/or injunctive relief from a court of competent jurisdiction pursuant to the preceding paragraph.

THE PARTIES HEREBY WAIVE THEIR RIGHT TO JURY TRIAL WITH RESPECT TO ALL CLAIMS AND ISSUES ARISING OUT OF OR RELATING TO THIS AGREEMENT WHETHER SOUNDING IN CONTRACT OR TORT, AND INCLUDING ANY CLAIM FOR FRAUDULENT INDUCEMENT THEREOF.


JURISDICTIONAL ISSUES

The Site is controlled and operated by CBD from its offices within the State of Texas, United States. Use of this Site constitutes your consent and submission to service of process under applicable United States or Texas law and to personal jurisdiction in a court of competent jurisdiction in the State of Texas for the purposes of any legal action or claim pertaining to these Terms of Service, or arising from the use of your User Account and/or the Site or any Service.


SEVERABILITY

If any provision of these Terms of Service shall be held unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Service and shall not affect the validity and enforceability of any remaining provisions.


COMPLIANCE WITH LAWS

You agree to comply with all applicable laws, rules and regulations in connection with your activities under this Terms of Service, including without limitation the applicable regulations of the United States Department of Commerce and the United States Export Administration Act, as amended to assure that the Site Content, and the Site Code are not exported in violation of the United States laws.

Effective Date: August 21, 2008

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