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Terms
of Service
The Cathy's Designer
Cookies website (the "website") is
an online information and sales portal service
provided by Cathy's Designer Cookies (occasionally
referred to as "CDC"); use of which
is subject to your compliance (which Cathy sincerely
appreciates) with the terms and conditions set
forth below.
"Cathy's Designer
Cookies" is a legitimate business within
the United States, based in Indiana. Marks which
may appear on this website may be copyrighted
marks of third parties that are not affiliated
with Cathy's Designer Cookies, or that of Cathy's
Designer Cookies, so we ask that you utilize
appropriate judgements before using them, listed
directly below.
Use of Cookie Designs Elsewhere
Cathy asks that
you respect the designs on the site and if you
use or display the material found on this site
please give appropriate credit by either listing
or linking to this website. You can also simply
list "Cathy's Designer Cookies" as
the source of the imagery.
Use of Site
Information
Most of the contents of the website, which are
owned by Cathy's Designer Cookies, are covered
by United States copyright laws. You may download,
print, and transmit portions of material for
personal, non-commercial use, for promotion
of Cathy's Designer Cookies, and other similar
uses. It is requested before significantly changing
data obtained on the website, before publicly
displaying, or for other similar uses that you
contact Cathy's Designer Cookies for approval.
Linked Information
CDC and its affiliates
may list or link to websites of which they have
no control and the content of third party websites
is not explicily endorsed.
Safety Concerns
Cathy's Designer Cookies makes every effort
to rid of and monitor closely the website for
computer viruses, spyware, adware, and other
malicious mechanisms to infect your computer
or electronic medium being used to access this
website.
Mostly For the Lawyers
In no event will
Cathy's Designer Cookies be liable for (I) any
incidental, consequential, or indirect damages
(including, but not limited to, damages for
loss of profits, business interruption, loss
of programs or information, and the like) arising
out of the use of or inability to use the website,
or any information, or transactions provided
on the website or downloaded or hyperlinked
from the website, even if CDC or its authorized
representatives have been advised of the possibility
of such damages, or (II) any claim attributable
to errors, omissions, or other inaccuracies
in the website and/or materials or information
downloaded through, or hyperlinked from, the
website. Because some states do not allow the
exclusion or limitation of liability for consequential
or incidental damages, the above limitation
may not apply to you. In such states, CDC's
liability is limited to the greatest extent
permitted by law.
Indemnification.
You agree to indemnify, defend and hold harmless
CDC, its officers, directors, employees, agents,
licensors, suppliers and any third party information
providers to the website from and against all
losses, expenses, damages and costs, including
reasonable attorneys' fees, resulting from any
violation of this Agreement by you.
Third Party Rights.
The provisions of paragraphs 3 (Use of the website),
and 4 (Indemnification) are for the benefit
of CDC and its officers, directors, employees,
agents, licensors, suppliers, and any third
party information providers to the website.
Each of these individuals or entities shall
have the right to assert and enforce those provisions
directly against you on its own behalf.
Term; Termination.
This Agreement may be terminated by either party
without notice at any time for any reason; provided
that you may no longer use the website after
you have terminated this Agreement. The provisions
of paragraphs 2 (Copyright, Licenses and Idea
Submissions), 3 (Use of the website), 4 (Indemnification),
5 (Third Party Rights) and 7 (Miscellaneous)
shall survive any termination of this Agreement.
Miscellaneous.
This Agreement shall all be governed and construed
in accordance with the laws of the State of
Indiana applicable to agreements made and to
be performed in Indiana. You agree that any
legal action or proceeding between CDC and you
for any purpose concerning this Agreement or
the parties' obligations hereunder shall be
brought exclusively in a federal or state court
of competent jurisdiction sitting in Indiana.
Any cause of action or claim you may have with
respect to the website must be commenced within
one (1) year after the claim or cause of action
arises or such claim or cause of action is barred.
CDC's failure to insist upon or enforce strict
performance of any provision of this Agreement
shall not be construed as a waiver of any provision
or right. Neither the course of conduct between
the parties nor trade practice shall act to
modify any provision of this Agreement. CDC
may assign its rights and duties under this
Agreement to any party at any time without notice
to you.
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