Terms & Conditions
Welcome to the website (the "Website") of Insomnia Cookies, LLC ("Insomnia Cookies"). Insomnia Cookies and its associates provide their services to you subject to the following conditions. If you visit or shop within this Website, you accept these conditions. Please read them carefully.
Please review our Privacy Notice, which also governs your visit to our Website, to understand our practices.
When you visit Insomnia Cookies or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e- mail or by posting notices on this Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
All content included on this Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Insomnia Cookies, its content suppliers, or by third parties who have licensed their materials to Insomnia Cookies and is protected by U.S. and international copyright laws. The compilation of all content on this Website is the exclusive property of Insomnia Cookies, with copyright authorship for this collection by Insomnia Cookies, and protected by international copyright laws.
Insomnia Cookies' trademarks and trade dress may not be used in connection with any product or service that is not Insomnia Cookies', in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Insomnia Cookies. All other trademarks not owned by Insomnia Cookies or its subsidiaries that appear on this Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Insomnia Cookies or its subsidiaries.
License and Site Access
Insomnia Cookies grants you a limited license to access and make personal use of this Website and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Insomnia Cookies. This license does not include any resale or commercial use of this Website or its contents: any collection and use of any product listings, descriptions, or prices: any derivative use of this Website or its contents: any downloading or copying of account information for the benefit of another merchant: or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Insomnia Cookies. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Insomnia Cookies and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Insomnia Cookies' name or trademarks without the express written consent of Insomnia Cookies. Any unauthorized use terminates the permission or license granted by Insomnia Cookies. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Insomnia Cookies so long as the link does not portray Insomnia Cookies, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Insomnia Cookies logo or other proprietary graphic or trademark as part of the link without express written permission.
Solely Intended for United States Users
Unless otherwise explicitly specified on the Website, the information on all of the Website is intended solely for use and access by persons residing in the United States, its territories and possessions. Insomnia Cookies controls and operates its Website from offices located in the United States and makes no representations or warranties that the information, products or services contained on the Website is appropriate for use or access in other locations. Anyone using or accessing any of the Website from other locations does so on their own initiative and are responsible for compliance with local United States laws, if and to the extent applicable.
Your Membership Account
Use of certain features on the Website might be limited and/or require registration. Insomnia Cookies shall have the right, in its sole discretion, to refuse or restrict anyone from access to the Website at any time for any reason. Upon registration, you may select your user ID and password (collectively "Password") for access to and use of the applicable portion of the Website. When registering for your Password, you must provide accurate and complete information. If you use this Website, you are responsible for maintaining the confidentiality of your account and Password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or Password. If you are under 18, you may use our Website only with involvement of a parent or guardian. Insomnia Cookies and its associates reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in their sole discretion. You agree to use your best efforts to maintain the security of your Password. You shall not disclose your Password to anyone else, and you shall not use anyone else's Password. You agree to notify Insomnia Cookies immediately about any unauthorized use of your Password or any breach of security. You further agree that Insomnia Cookies shall not be responsible for your failure to comply with this Section or any loss or damage arising out of, or related to, your use of your Password by you or anyone other than Insomnia Cookies.
Reviews, Comments, Emails, and Other Content
Visitors may post reviews, comments, and other content: and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of a card or other content. Insomnia Cookies reserves the right (but not the obligation) to remove or edit such content, but does not regularly review posted content. If you do post content or submit material, and unless we indicate otherwise, you grant Insomnia Cookies and its associates a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Insomnia Cookies and its associates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify Insomnia Cookies or its associates for all claims resulting from content you supply. Insomnia Cookies has the right but not the obligation to monitor and edit or remove any activity or content. Insomnia Cookies takes no responsibility and assumes no liability for any content posted by you or any third party.
Many of our products contain or may come into contact with common food allergens, including eggs, milk, wheat, soy, peanuts and/or tree nuts. Insomnia Cookies is not an allergen-free environment. Although not all of our products contain food allergens, all of our products are baked or prepared in an environment where eggs, milk, wheat, soy, peanuts and/or tree nuts are present. Due to the presence of such food allergens at all of our locations, we do not recommend consuming any of our products if you are allergic to such food allergens.
If you are not satisfied with your order, please contact Insomnia Cookies Customer service immediately via telephone at 877-63-COOKIE or via email at email@example.com. All sales are final unless order problems/issues are confirmed by Insomnia Cookies, at its sole discretion, to be actionable. In such cases, Insomnia Cookies will issue a full or partial refund for items purchased through the Website. All order problem/issue inquiries must be received within 24 hours of the order date listed on your confirmation email.
Risk of Loss
All items purchased from Insomnia Cookies are made pursuant to a shipment contract. This basically means that the risk of loss and title for such items pass to you upon our delivery to the carrier.
THIS WEBSITE IS PROVIDED BY INSOMNIA COOKIES ON AN "AS IS" AND "AS AVAILABLE" BASIS. INSOMNIA COOKIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, INSOMNIA COOKIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. INSOMNIA COOKIES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM INSOMNIA COOKIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. INSOMNIA COOKIES WILL NOT BE LIABLE FOR ANY AMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE 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, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Limitation of Liability
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL OR EQUITABLE THEORY, WHETHER IN TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE, SHALL INSOMNIA COOKIES OR ANY OF ITS EMPLOYEES, DIRECTORS, OFFICERS, AGENTS, VENDORS, OR SUPPLIERS BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL LOSSES OR DAMAGES OF ANY NATURE ARISING OUT OF OR IN CONNECTION WITH THE USE OF OR ACCESS TO OR INABILITY TO USE OR ACCESS THIS WEBSITE, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION, EVEN IF AN AUTHORIZED REPRESENTATIVE OF INSOMNIA COOKIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT INSOMNIA COOKIES, SHALL ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE. IN NO EVENT WILL INSOMNIA COOKIES BE LIABLE FOR ANY DAMAGES IN EXCESS OF ONE HUNDRED UNITED STATES DOLLARS ($100.00) FOR ANY CLAIMS ARISING FROM OR RELATED TO THIS TERMS & CONDITIONS.
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD INSOMNIACOOKIES AND ITS OWNERS, AFFILIATES, SUBSIDIARIES, DIRECTORS, SHARE HOLDERS, OFFICERS, EMPLOYEES, AGENTS, AND CONTRACTORS HARMLESS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, COSTS, AND EXPENSES, INCLUDING ATTORNEYS' FEES, ARISING FROM OR RELATED TO (I) YOUR USE OF THIS WEBSITE AND/OR (II) YOUR BREACH OF ANY OF THE TERMS OR CONDITIONS OF THIS TERMS & CONDITIONS.
By visiting Insomnia Cookies, you agree that the laws of the state of New York, United States, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Insomnia Cookies or its associates.
Any dispute relating in any way to your visit to Insomnia Cookies or to products you purchase through Insomnia Cookies shall be submitted to confidential arbitration in New York, United States, except that, to the extent you have in any manner violated or threatened to violate Insomnia Cookies' intellectual property rights, Insomnia Cookies may seek injunctive or other appropriate relief in any state or federal court in the state of New York, United States, 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 arbitrators 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 this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
Site Policies, Modification, and Severability
Please review our other policies, such as our Shipping and Returns policy, posted on this Website. These policies also govern your visit to Insomnia Cookies. We reserve the right to make changes to our Website, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.