Welcome to Fabulous Cookies. PLEASE READ THE FOLLOWING TERMS OF USE AND DISCLAIMER CAREFULLY BEFORE USING THIS WEB SITE ("Site"). This Agreement (the "Agreement") is an agreement between you and Fabulous Foods Cookies and Sweets. ("Fabulous Cookies") that states the terms and conditions under which you may use the Site and receive the Fabulous Cookies service, which includes processing and delivery of product orders. Your use of the Fabulous Cookies Service and the Site constitutes your agreement to the terms and conditions set forth below. If you do not agree with all of the terms and conditions, do not use the Site or the Fabulous Cookies Service.

If you have any questions about this Agreement or the Site please access our Customer Service team at 1-888-758-9505.

Fabulous Cookies Satisfaction Guarantee
All of our products and services are backed by a 100% customer satisfaction guarantee. If you are dissatisfied for any reason, we want to make it right. Just call us at 1-888-758-9505, contact us via e-mail at info@fabulous- cookies.com .

Fabulous Cookies Service

Ordering through the Site. Orders must be received before posted cutoff times for next day/evening delivery (See Delivery of Products below for details). Available delivery windows and associated delivery charges will be shown as you proceed through the ordering process. You can place your order anytime. You may cancel orders by contacting us at 1-888-758-9505.

Price and Availability. At Fabulous Cookies we believe in offering our customers a selection of fresh baked product. We receive our goods fresh Monday thru Friday unless posted on our site. Although our goal is to fulfill 100% of each order, given the perishable nature of our products, from time to time products may be unavailable due to market conditions beyond our control or to quality that is below our standards. We reserve the right to limit your order or the quantity of a particular product that you may order. If we are unable to fulfill your entire order we will make every reasonable effort to contact you prior to shipping.

Shipping of Products. Fabulous Cookies uses Federal Express overnight and second day delivery for shipping. To maintain the integrity of products after delivery, we recommend that you consume the cookies and sweets within 5 days of delivery.

Credit Card Payment. Your credit/debit card will be charged for your order on the day your order is shipped. Fabulous Cookies will not process orders that use an incorrect, expired, or over-the-limit credit card. We will make our best efforts to contact you if this occurs. However, in the event such an order is processed, Fabulous Cookies reserves the right to collect funds for any uncollected transactions owed to it. Fabulous Cookies may charge a nominal fee of $10 per order should a payment made via credit card be declined resulting in the need for alternate payment or exception processing. If you fail to pay any fees or charges when due (which would include if a check is returned or electronic payment is rejected), Fabulous Cookies may charge such amount directly to the credit card identified in your Customer Account Information and Fabulous Cookies may suspend or terminate your access to the Fabulous Cookies Service. You shall be responsible and liable for any fees, including attorneys' fees and collection costs, that Fabulous Cookies may incur in its efforts to collect any unpaid balances from you. Your right to use the Fabulous Cookies Service is subject to limits established by Fabulous Cookies and/or by your credit card issuer.

Third-Party Information Providers and Merchants. In the future, the Fabulous Cookies Service may permit you to order and receive products, information, and services from businesses that are not owned or operated by Fabulous Cookies. In such instances, Fabulous Cookies acts only as the link between you and such businesses. The purchase, payment, warranty, guarantee, delivery, maintenance, and all other matters concerning the merchandise, services, or information ordered or received from such businesses are covered by their customer agreement and policies and solely between you and such businesses. Fabulous Cookies makes no representations or warranties of any kind, express or implied, regarding the merchandise, services, or information received from such third parties and the fact that Fabulous Cookies makes such products, information, and services available should not be construed as an endorsement of the businesses or the products, services, and information they provide.

License and Proprietary Rights
Copyright and Ownership. All Site content, design, text, graphics, and interfaces; the collection, selection, and arrangement thereof; and all software are the property of, or duly licensed to, Fabulous Cookies. Any other use of materials on this Site, including modification, distribution, or reproduction for purposes other than those noted above, without the prior written permission of Fabulous Cookies is strictly prohibited. You acknowledge that Fabulous Cookies and/or third-party content providers remain the owners of such material and that you do not acquire any of those ownership rights by downloading copyrighted material. Fabulous Cookies reserves the right to revoke this authorization at any time, and any use shall be discontinued immediately on written notice from Fabulous Cookies.

Trademarks. "Fabulous Cookies," all Fabulous Cookies logos, and all titles, characters, names, graphics, and button icons are service marks, trademarks, and/or trade dress of Fabulous Cookies or otherwise proprietary to Fabulous Cookies and may not be used by you for any reason other than as expressly permitted by this Agreement. All other trademarks, service marks, product names, and company names or logos appearing in the Fabulous Cookies Service and on the Site are the property of their respective owners and you do not acquire any ownership rights in such marks, logos, or names by using this Site or the Fabulous Cookies Service.

Access to the Fabulous Cookies Service

Access. You will provide all equipment and services and be responsible for all telephone and other charges necessary to access the Fabulous Cookies Service and the Site. You should contact your local telephone company if you have a question about whether an access number is a long-distance or toll call from your location. You agree to comply with all laws applicable to your activities on the Fabulous Cookies Site and with the terms of this Agreement. You hereby represent that you are an adult (18 years or older) and have the power and authority to enter into this Agreement and perform your obligations hereunder.

You acknowledge that from time to time the Fabulous Cookies Service or this Site may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which Fabulous Cookies may undertake from time to time; or (iii) causes beyond the control of Fabulous Cookies or which are not reasonably foreseeable by Fabulous Cookies.

ID Number and Passwords. Access to the Fabulous Cookies Service is accomplished through the use of a user name and a password that will be issued to you upon registration. You are solely responsible for any authorized or unauthorized access to your account by any person. You agree to bear all responsibility for the confidentiality of your password and all use or charges incurred from use of the Fabulous Cookies Service with your password. You agree to notify Fabulous Cookies promptly of any unauthorized use of your password and you will remain liable for any use of the Fabulous Cookies Service until you notify Fabulous Cookies of the unauthorized use of your password.

Your Account. You are responsible for, and agree to pay promptly, all charges to your account, including applicable taxes and purchases by you or anyone you allow to use your account and password to access the Fabulous Cookies Service. You agree and accept responsibility for keeping all your account information current, including address, payment information, telephone number, e-mail address, and alternate receiver for your order. You can update your information in the Your Account area on our Web site or contact us. You agree that you will not provide fraudulent information and that you are solely responsible for any information you provide to Fabulous Cookies, and accept responsibility for all activities that occur under your account or password and for restricting access to your computer. You will comply with all laws applicable to your activities on the Site and with this Agreement. Fabulous Cookie's/Pay Pal secure server encrypts your payment information so that it cannot be read as the information travels over the Internet. Once we receive your payment information, it is stored in our secure data center. Fabulous Cookies will exercise commercially reasonable efforts to ensure that your payment information remains confidential, and is available only to personnel who have a need to know such information in connection with providing you the Fabulous Cookies Service. When our registration/order form asks users to enter sensitive information (such as credit card number), that information is encrypted and is protected with encryption software. Our Site encrypts your credit card and bank account number prior to transmission over the Internet using secure socket layer (SSL) encryption technology.

Corrections. If you would like to update or correct information previously provided to us, please send an e-mail with your new information to info@fabulous-cookies.com.

Privacy Policy. Please review our Privacy Policy, which also governs your visit to the Fabulous Cookies Site and use of the Fabulous Cookies Service, to understand our practices.

Acceptable Use Policy

You are solely responsible for any and all acts and omissions that occur under your account or password, and you agree not to engage in unacceptable use of the Fabulous Cookies Service, which includes, without limitation, use of the Fabulous Cookies Service to: (a) disseminate or transmit unsolicited messages, chain letters, or unsolicited commercial e-mail; (b) disseminate or transmit material that, to a reasonable person, may be abusive, obscene, pornographic, defamatory, harassing, grossly offensive, vulgar, threatening, or malicious; (c) disseminate or transmit files, graphics, software, or other material that actually or potentially infringes the copyright, trademark, patent, trade secret, or other intellectual property right of any person; (d) create a false identity or otherwise attempt to mislead any person as to the identity or origin of any communication; (e) export, re-export, or permit downloading of any message or content in violation of any export or import law, regulation, or restriction of the United States and its agencies and authorities, or without all required approvals, licenses, or exemptions; (f) interfere with, disrupt, or attempt to gain unauthorized access to other accounts on the Fabulous Cookies Service or any other computer network; (g) disseminate or transmit viruses, Trojan horses, or any other malicious code or program; or (h) engage in any other activity deemed by Fabulous Cookies to be in conflict with the spirit or intent of this Agreement.

Warranty Disclaimer; Limitation of Liability; Indemnification
YOU EXPRESSLY AGREE THAT USE OF THE FABULOUS COOKIES SERVICE, THE SITE, AND THE INTERNET IS ENTIRELY AT YOUR OWN RISK. THE FABULOUS COOKIES SERVICE, THE SITE, AND ITS CONTENTS ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, FABULOUS COOKIES DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THE FABULOUS COOKIES SERVICE, THE SITE, OR ITS CONTENTS OR WITH RESPECT TO ANY INFORMATION, SERVICES, AND PRODUCTS PROVIDED THROUGH OR IN CONNECTION WITH THE FABULOUS COOKIES SERVICE; FABULOUS COOKIES DOES NOT ADOPT ANY REPRESENTATION OR WARRANTY OF ANY MANUFACTURER OR MERCHANT OF ANY SUCH INFORMATION, SERVICE, OR PRODUCTS. FABULOUS COOKIES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND AS TO THE AVAILABILITY, ACCURACY, OR CONTENT OF ANY INFORMATION, SERVICES, OR PRODUCTS OBTAINED THROUGH THE SITE OR THE FABULOUS COOKIES SERVICES. FABULOUS COOKIES DOES NOT WARRANT THAT THE FUNCTIONS PROVIDED BY THE SITE WILL BE UNINTERRUPTED OR ERROR FREE, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

NEITHER FABULOUS COOKIES NOR ANY OF ITS DIRECTORS, EMPLOYEES, SHAREHOLDERS, AFFILIATES, AGENTS, REPRESENTATIVES, THIRD-PARTY INFORMATION PROVIDERS, MERCHANTS, OR LICENSORS (COLLECTIVELY, "FABULOUS COOKIES PARTIES") SHALL BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, COMPENSATORY, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES; LOSS OF DATA, INCOME, OR PROFIT; OR LOSS OR DAMAGE TO PROPERTY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF, OR THE INABILITY TO USE, THE SITE, THE FABULOUS COOKIES SERVICE, OR THE INTERNET. FABULOUS COOKIES'S LIABILITY SHALL BE LIMITED TO PROVIDING YOU WITH A REFUND FOR ANY PRODUCT THAT IS RETURNED. YOU’RE SOLE AND EXCLUSIVE REMEDY HEREUNDER SHALL BE FOR YOU TO DISCONTINUE YOUR USE OF THE FABULOUS COOKIES SERVICE AND TO TERMINATE THIS AGREEMENT. FABULOUS COOKIES RESERVES THE RIGHT TO LIMIT YOUR ORDER OR THE QUANTITY OF A SPECIFIC PRODUCT YOU MAY ORDER. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, OR SPECIAL DAMAGES OR OF IMPLIED WARRANTIES, IN SUCH STATES AND JURISDICTIONS LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

The material in the Site is provided for lawful purposes only. Fabulous Cookies controls and operates this Site from its headquarters in Long View, TX, USA, and makes no representation that these materials are appropriate or available for use in other locations. If you use the Site from other locations, you are responsible for compliance with applicable local laws. Price and availability information is subject to change without notice.

You agree to defend, indemnify, and hold Fabulous Cookies Parties harmless from any and all suits, actions, legal or administrative proceedings, claims, demands, damages, liabilities, and expenses, including attorney's fees and costs, arising in connection with a violation of this Agreement by you or through use of your account.

Miscellaneous
Termination. This Agreement is effective upon your acceptance as set forth herein and shall continue in full force and effect until terminated. Fabulous Cookies may suspend or terminate this Agreement or the Fabulous Cookies Service or remove or disable access to any portion of the Fabulous Cookies Service at any time for any reason with or without notice to you. You may terminate this Agreement and your Fabulous Cookies Service at any time for any reason by delivering notice in the manner provided below, which termination will be effective the day notice is received or such later date specified in the notice. Fabulous Cookies reserves the right to collect fees and charges incurred before you cancel your Fabulous Cookies Service. In addition, you are responsible for any charges incurred to third-party vendors or content providers prior to your cancellation.

Notices. Fabulous Cookies may give notice to you of a change in this Agreement, a change in the Fabulous Cookies Fee Schedule, and any other matter through a general posting on the Fabulous Cookies Site, by electronic mail, or by conventional mail to your address contained in the Customer Registration Data. You may give notice to Fabulous Cookies by telephone at 1-888-758-9505, by electronic mail info@fabulous-cookies.com or by conventional mail to:
Fabulous Food Cookies and Sweets,
1707 West Loop 281
LongView, TX 75604
Attention: CUSTOMER CARE


Entire Agreement. This Agreement and the Privacy Policy referred to herein represent your entire agreement with Fabulous Cookies regarding the use of the Fabulous Cookies Service and the Fabulous Cookies Site. You agree that this Agreement is not intended to confer and does not confer any rights or remedies upon any person other than you, Fabulous Cookies, and Fabulous Cookies Parties. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties, and the remainder of this Agreement shall remain in full force and effect. The failure of either party to insist upon strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. This Agreement shall be governed by the laws of the State of New York without regard to its conflict of laws rules. You expressly agree that exclusive jurisdiction for any claim or dispute with Fabulous Cookies or relating in any way to your use of the Fabulous Cookies Service or the Fabulous Cookies Site resides in the federal and state courts of Texas and you further expressly consent and agree to personal jurisdiction by the state and federal courts sitting in the State of Texas in connection with any such dispute, including any claim involving Fabulous Cookies Parties. Any cause of action by you must be instituted within one year after the claim or cause of action has arisen, or be barred.

Third-Party Beneficiaries.
The provisions of this Agreement are for the benefit of Fabulous Cookies Parties, and each shall have the right to assert and enforce the provisions directly on their own behalf. This Agreement and all obligations and restrictions placed upon you or your permitted users by this Agreement shall survive termination of this Agreement and your Fabulous Cookies Service.

Amendment. Fabulous Cookies may amend this Agreement at any time by posting the amended terms on our Site. All amended terms shall automatically be effective seven days after they are initially posted on our Site. By using this Site after the effective date of any such amendment, you agree to be bound by any such revisions and should therefore periodically visit this page to determine the then current Agreement to which you are bound. This Agreement was last revised on April 6th, 2006.