Terms of service

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS OF USE CREATES A LEGALLY BINDING AGREEMENT BETWEEN YOU AND US. THESE TERMS OF USE CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS AND INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS. THESE TERMS OF USE LIMIT YOUR RIGHTS TO SELECT THE JURISDICTION IN WHICH A DISPUTE IS TO BE ADDRESSED AND REQUIRE THAT ANY SUCH DISPUTE BE ADDRESSED THROUGH AN ARBITRATION PROCEEDING - AND NOT A COURT PROCEEDING.

1. CERTAIN DEFINITIONS.

Certain terms that are used in this Terms Of Use are defined below.

“Our” is a reference to something which belongs or refers to us.

“Product” means each product which is available for purchase at any time on the Website, including any product which is not currently described on the Website.

“Products” is a reference to more than one Product, and includes all of the Products available for purchase at any time on the Website, including any product which is not currently described on the Website.

“Site”, “Sites”, or “Website” means any website maintained or controlled by us even if such Website is not specifically named herein.

“Us” means The Little Market, Inc., a California Corporation.
“We” means The Little Market, Inc., a California Corporation. “You” means the person who is accessing or using the Website. “Your” is a reference to something which belongs or refers to you.

2. YOUR AGREEMENT TO THESE TERMS OF USE.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, YOU ARE CONFIRMING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE TO THESE TERMS OF USE, THEN YOU SHOULD NOT CONTINUE TO USE THE SITE.

IF YOU ACCEPT OR AGREE TO THESE TERMS OF USE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO BIND THAT COMPANY OR OTHER LEGAL ENTITY TO THESE TERMS OF USE. IF THE FOREGOING SENTENCE IS APPLICABLE, THEN "YOU" AND "YOUR" WILL REFER AND APPLY TO THAT COMPANY OR OTHER LEGAL ENTITY.

3. THE SITE - NO ACCOUNT REQUIRED

A. Nature Of The Site. The Site is made available to you so that you obtain information about us and, as described below, if you desire, order certain Products from us.

B. No Account Required.

You are not required to create an account in order to browse the Site or make a purchase. However, certain checkout options, including Shop Pay, may permit or require you to create, access, or use an account or profile maintained by a third-party payment provider. Your use of any such third-party account, service, or payment method is subject to the applicable third party’s terms, conditions, and privacy policies.

Please see Section 6 below regarding the Cookie Club, which may require you to establish an account or subscription profile in order to join, manage, or modify your Cookie Club membership. You may otherwise use the Website without joining the Cookie Club.


4. USE OF THE SITE.
A. Personal Use. The Site is provided to you for personal use only and may not be used for any illegal activity or purposes, including fraud or identity theft.
B. Prohibited Uses. You may not use the Site for any of the following:

(1) To take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site.

(2) In any manner that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

(3) Copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, or other malicious computer software.

(4) To bully, defame, annoy and/or harass any person or institution, whether explicitly or implicitly, and whether by direct reference or otherwise.

(5) Conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting).

(6) Collect data for any direct or indirect marketing activity.

C. Compliance With Applicable Law. You agree to use the Site in strict compliance with all applicable laws and regulations. It is your responsibility to comply with such applicable laws and regulations, and your agreement to comply with these Terms Of Use does not the mean that you are in compliance with such applicable laws and regulations.

5. ORDERS AND PAYMENT.

A. Placing an Order.

The Site includes a “Shop” section through which you may order one or more Products. To begin an order, select the Product or Products you wish to purchase and click “Add to Cart.” When you are ready to complete your purchase, proceed to checkout.

During checkout, you may be asked to provide information necessary to process and fulfill your order, including your name, email address, billing address, shipping address, telephone number, and payment information. You agree that all information you provide in connection with an order is current, complete, accurate, and truthful.

If you do not have an email address or need assistance placing an order, you may contact us at (805) 464-6636.

B. Shopify Checkout and Available Payment Methods.

Our online store and checkout are hosted by Shopify. Shopify provides the ecommerce platform through which Products are offered for sale and through which payment transactions may be processed.

Available payment methods may include:

  • Credit cards and debit cards accepted through Shopify’s checkout and payment-processing services

  • Shop Pay

  • Apple Pay

  • Google Pay

  • Any other payment method that we make available through the Site from time to time

The availability of Shop Pay, Apple Pay, Google Pay, or any other payment option may depend on your device, browser, location, payment credentials, and the requirements or policies of the applicable payment provider. We do not guarantee that every payment method will be available for every order or customer.

C. Shop Pay.

If you choose Shop Pay at checkout, you may be asked to sign in to, create, or use a Shop Pay account or profile. Shop Pay is a service provided through Shopify and may store or use certain information, such as your email address, shipping information, and payment credentials, in accordance with Shopify’s applicable terms and privacy policies.

Your use of Shop Pay is subject to the terms, conditions, and privacy practices of Shopify and Shop Pay. We do not control Shop Pay or its policies, security procedures, availability, or functionality.

D. Apple Pay and Google Pay.

If you choose Apple Pay or Google Pay at checkout, your payment information may be processed through Apple, Google, Shopify, your card issuer, financial institution, or other applicable payment-service providers. Your use of Apple Pay or Google Pay is subject to the applicable terms, conditions, and privacy policies of Apple, Google, Shopify, your card issuer, and any other relevant third party.

We do not control Apple Pay, Google Pay, or any related third-party payment service, and we are not responsible for the availability, security, processing, or operation of those services.

E. Payment Authorization.

By submitting an order, you represent and warrant that you are authorized to use the payment method selected and authorize us, Shopify, and our applicable payment processors to charge the full amount of your order, including applicable Product prices, taxes, shipping charges, and any other fees or charges disclosed to you before you submit your order.

You agree to pay all amounts due in connection with your order. If your payment cannot be authorized, processed, or collected, we may cancel, suspend, or delay your order and/or shipment until payment is successfully completed.

F. Order Acceptance and Availability.

Your submission of an order constitutes an offer to purchase the Products listed in the order. We reserve the right to accept, reject, cancel, limit, or refuse any order in our sole discretion, including because of Product availability, suspected fraud, pricing or product-description errors, payment-processing issues, or other circumstances.

An order confirmation does not necessarily mean that we have accepted your order. Your order is accepted only when we process the order and/or ship the applicable Product or Products to you. We may contact you if we need additional information before processing an order.

G. Pricing and Errors.

We make reasonable efforts to ensure that Product descriptions, prices, availability, photographs, promotions, and other information on the Site are accurate. However, errors, inaccuracies, omissions, and changes may occur. We reserve the right to correct any error, inaccuracy, or omission and to change or update information at any time without prior notice, including after you submit an order.

If a Product’s correct price differs from the price displayed on the Site, we may, in our discretion, contact you for instructions before processing your order or cancel the order and notify you of the cancellation.

6. COOKIE CLUB.

A. If you become a member of the Cookie Club, you will choose which subscription frequency you'd like, as well as the flavor(s).

B. Payment. If you join the Cookie Club, you will be required to provide us with your name, e-mail address, shipping address and billing address. In order for the cookies to be shipped to you and for you to be billed on a monthly or quarterly basis (depending on the subscription you choose), such information of yours, together with your credit card information, will be shared with and stored by a third party provider called ReCharge Inc.

C. Cancellation. You have the right to cancel your membership in the Cookie Club after two billing cycles, by emailing club@brownbuttercookies.com, or eventually, through your “cookie club portal” which you will have established when you join the cookie club.

D. Membership Discount: Customers who subscribe to our Cookie Club Membership program ("Membership") are eligible to receive a discount on purchases made while their Membership is active. The discount will be applied to the purchasing profile of the Member and will remain valid for the duration of their Membership. If a Member cancels their Membership for any reason, the discount will no longer be applicable to future purchases. The Membership discount is non-transferable and may only be used by the Member who is enrolled in the Membership program. We reserve the right to modify or terminate the Membership discount program at any time. The discount cannot be combined with any other offers, promotions, or discounts unless explicitly stated. All purchases made using the Membership discount are subject to our standard Terms of Sale.

E. Editing Subscriptions: Customers may edit their subscription preferences, including product quantities and delivery frequency, shipping address, form of payment, etc. by accessing their account settings or emailing club@brownbuttercookies.com. Changes must be made at least 10 days prior to the next scheduled renewal date to ensure they are processed before shipping.

F. Customizing Flavor Preferences: Customers may customize their flavor preferences from the club flavor menu for subscription products within their account settings. Changes to flavor preferences must also be made at least 10 days before the next renewal date to ensure accurate fulfillment.

G. Timing of Changes: It is the responsibility of the customer to ensure that any edits or customizations to their subscription are completed within the specified timeframe. Changes made within 10 days of the renewal date may not be processed in time for the upcoming shipment.

H. Acknowledgement: By subscribing to our services, you acknowledge and agree to abide by these terms regarding the editing of subscriptions and customization of flavor preferences.

I. Changes to Terms: We may update these Terms and Conditions from time to time. It is the Member's responsibility to review these Terms periodically for changes.

7. DISCLAIMERS.

A. WE, AND THE OFFICERS, SHAREHOLDERS, DIRECTORS, EMPLOYEES, CONTRACTORS, AGENTS, PARTNERS, LICENSORS AND DISTRIBUTORS OF THE LITTLE MARKET, INC., DO NOT MAKE ANY REPRESENTATIONS, PROMISES, OR WARRANTIES, EXPRESS OR IMPLIED, ABOUT THE SITE. YOUR ACCESS TO THE SITE IS AT YOUR OWN RISK. YOU UNDERSTAND AND AGREE THAT NO DATA TRANSMISSION OVER THE INTERNET OR INFORMATION STORAGE TECHNOLOGY CAN BE GUARANTEED TO BE SECURE, AND WE EXPRESSLY DISCLAIM ANY WARRANTIES, EXPRESS OR IMPLIED, TO THAT EFFECT.

B. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED OR EXPRESS PROMISES OR WARRANTIES WHICH COULD BE CONSTRUED TO APPLY TO YOUR USE OF THE SITE.

8. OUR INTELLECTUAL PROPERTY.

A. Introduction. The Site including without limitation the components thereof, constitute our “Intellectual Property”. This means, without limitation, that we have valuable and exclusive proprietary/ownership rights with respect to the Site which are protected by applicable trademark, copyright and patent laws of both the United States and any relevant foreign country.

As used herein, “Intellectual Property Rights” means all intellectual property rights (throughout the universe, in all media, now existing or created in the future, for all versions and elements, in all languages, and for the entire duration of such rights) arising under statutory or common law, contract, or otherwise, and whether or not perfected, including without limitation, (a) all rights associated with works of authorship including without limitation copyrights, moral rights, copyright applications, copyright registrations, synchronization rights; (b) rights associated with trademarks, service marks, trade names, logos, trade dress, and the applications for registration and registrations of trademarks and service marks; (c) rights relating to the protection of trade secrets and confidential information; (d) rights analogous to those set forth in this definition and any and all other proprietary rights relating to intangible property; and (e) divisions, continuations, renewals, reissues, and extensions of the foregoing (as and to the extent applicable) now existing, later filed, issued, or acquired.

B. Your Use Of The Site. Your use of the Site does not entitle you to any right, title or interest in the Intellectual Property and we retain all attendant Intellectual Property Rights. You shall not under any circumstances alter, remove or obscure any trademark, tradename, logo, or copyright notice which appears on the Site or is used in connection with the Site.

9. NO RETURN POLICY.

There is no return policy. If you have an issue regarding your purchase, please contact us at contactus@brownbuttercookies.com. If possible, we will try to resolve the situation which you describe, but there can be no guarantee that the situation can be resolved to your satisfaction.

10. LICENSE FOR ACCESS TO THE SITE.

For the sole purposes of accessing the Site, we grant you a non-exclusive and non- transferable license to access and use the Site. You have no right to sublicense the license granted to you. This limited license does not allow you to copy or sell our Intellectual Property and/or to scrape or mine our Site. We reserve the right, without notice and in our sole discretion, to terminate your license to use the Site, and to block or prevent future access to and use of the Site.

Except for the limited license granted to you, you are not conveyed any other right or license in any way.

Any unauthorized use of the Site, and any use that exceeds the license granted to you, will terminate the permission or license granted by these Terms Of Use.

11. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT NEITHER THE LITTLE MARKET, INC. NOR ANY AFFILIATE, DIRECTOR, SHAREHOLDER OR OFFICER OF THE LITTLE MARKET, INC. WILL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THESE TERMS OF USE OR YOUR ACCESS TO THE SITE OR TO ANY OF THE LINKS (DESCRIBED BELOW), THE DECISIONS YOU MAKE WITH REGARD TO THE USE OF THE SITE OR THE CONSEQUENCES OF YOUR USE OF THE SITE OR YOUR USE OF THE LINKS (DESCRIBED BELOW).

12. LINKS AND THIRD-PARTY SERVICES.

A. In General.

The Site may contain links to or integrate with third-party websites, applications, platforms, payment methods, products, services, and resources, including, without limitation, Shopify, Shop Pay, Apple Pay, Google Pay, and ReCharge, Inc. (collectively, “Linked Sites” or “Third-Party Services”).

Linked Sites and Third-Party Services are provided solely for your convenience and do not constitute our endorsement of their content, services, policies, products, or practices. We do not control and are not responsible for the availability, accuracy, security, performance, quality, content, activities, terms, privacy practices, or policies of any Linked Site or Third-Party Service.

If you choose to access, use, or provide information to a Linked Site or Third-Party Service, you do so at your own risk and subject to that third party’s applicable terms, conditions, and privacy policy.

B. Shopify and Shop Pay.

Our Site and online checkout are hosted or supported by Shopify. Certain payment transactions may be processed through Shopify, including through Shop Pay. We do not guarantee the security, availability, or uninterrupted operation of Shopify or Shop Pay, and we make no representations or assurances regarding how Shopify or Shop Pay may collect, use, store, disclose, or otherwise process information you provide through their services.

For information about Shopify’s and Shop Pay’s practices, please review their applicable terms and privacy policies.

C. Apple Pay and Google Pay.

Apple Pay and Google Pay are third-party payment services. We do not guarantee the security, availability, functionality, or uninterrupted operation of Apple Pay or Google Pay. We make no representations or assurances regarding how Apple, Google, your financial institution, your card issuer, Shopify, or other involved third parties may collect, use, store, disclose, or otherwise process information you provide in connection with Apple Pay or Google Pay.

Your use of Apple Pay or Google Pay is subject to the applicable third-party terms, conditions, and privacy policies.

D. ReCharge, Inc.

If ReCharge, Inc. is made available in connection with the Cookie Club or any subscription offering, we do not guarantee the security, availability, or uninterrupted operation of ReCharge’s services. We make no representations or assurances regarding how ReCharge may collect, use, store, disclose, or otherwise process information you provide in connection with your subscription or membership.

Your use of ReCharge is subject to ReCharge’s applicable terms, conditions, and privacy policy.


13. SECURITY.

We take reasonable measures intended to protect the security of the Site and the information submitted through the Site. However, no website, Internet transmission, payment system, device, or method of electronic storage can be guaranteed to be completely secure. Accordingly, we cannot guarantee that unauthorized third parties will never be able to circumvent our security measures or access information transmitted through or stored in connection with the Site.

Payment transactions may be processed by Shopify, Shop Pay, Apple Pay, Google Pay, ReCharge, and/or other third-party payment or subscription service providers, as applicable. The security of those third-party services is governed by their respective policies and practices.

Please notify us promptly at contactus@brownbuttercookies.com if you believe your use of the Site has resulted in unauthorized activity, suspicious communications, or another security concern.


14. MAINTENANCE OF SITE.

The Site may be unavailable for access or use due to maintenance activities or a malfunction matter. We are not responsible to you or to any other person for any delay, error, defect, interruption or similar matter which occurs with respect to the Site.

15. MODIFICATION.

We reserve the right in our sole discretion to modify the Site and these Terms Of Use. Such changes can be made at any time and without the necessity of giving notice to you. The modification of these Terms Of Use will be posted on the Site.

As you continue to use the Site after we have posted the modification, you will be agreeing - without action on your part - to be bound by the modified Terms Of Use. You remain free at any time to cease using the Site.

  1. PRIVACY POLICIES.
    We have established a Privacy Policy.
    The Privacy Policy is accessible by clicking on the hyperlink so entitled on the Site. PLEASE READ THE PRIVACY POLICY.

  2. INDEMNIFICATION.

A. Introduction. Set forth below are the terms by which you indemnify us in the event that a third party (not you) names us in a lawsuit or otherwise proceeds against us while asserting that your alleged action or omission has caused harm or damage to such third party.

B. Claim.

“Claim” means a claim, or cause of action, or suit for damages, losses, obligations and/or liabilities (including without limitation, damage to persons, property, or the environment) made against us by a person or entity other than you which claims, threatens or asserts that we are wholly or partially responsible or liable for damages, losses, obligations and/or liabilities suffered or supposedly suffered by such third party (regardless of the legitimacy of such claim, threat or assertion) in the case where any one or more of the following is the basis, in whole or in part, for the making of such claim: (i) your use of the Site, (ii) your failure to comply with these Terms Of Use, (iii) your violation of any right of such third party, including without limitation any intellectual property right, any confidentiality protection or any right or privacy or (d) your action or omission.

C. Indemnification Of Us By You.

If a Claim is made, then you shall indemnify, defend and hold us harmless from and against the Claim (except to the extent that such Claim is in fact determined by a court of competent jurisdiction to be derived from our actions or omissions).

D. Participation By US.

Nothing contained herein shall mean or be construed to mean that we shall not have the right to participate in the legal proceeding pertaining to the Claim represented by legal counsel unilaterally selected by us.

18. UNITED STATES HOSTING.

The Site is based in the United States. If you are using the Site outside of the United States, there may be local law which applies, and you agree to comply with such law without guidance or input from us.

In this regard, the Site is for use in the United States only. The Site is not for use in any other area in the world. If you access the site from outside of the United States you will be unable to make a purchase of Products.

19. LANGUAGE.

The language for these Terms Of Use is English. We are not responsible for the method by which you may have these Terms Of Use explained to you or translated for you. We are not responsible for the accuracy of any such explanation or translation of these Terms Of Use.

20. GOVERNING LAW.

These Terms Of Use are governed by and construed in accordance with California law applicable to contracts made and to be performed wholly within California , and without regard to the conflicts of laws principles thereof.

21. ARBITRATION OF DISPUTES.

A. General. Any controversy or claim arising out of, or relating to, these Terms Of Use, the breach thereof, or the validity of this arbitration provision, shall be settled by binding arbitration in San Luis Obispo County, California in accordance with the Commercial Arbitration Rules of the American Arbitration Association, and the judgment upon any award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. Nothing contained herein shall prevent any party from (i) seeking and obtaining equitable relief, including but not limited to, prohibitory or mandatory injunctions, specific performance, or extraordinary writs, nor (ii) filing legal action to compel arbitration under the provisions hereof, provided that such party stipulates in such action, at any other party's request, to arbitration on the merits of said case.

The immediately preceding paragraph means that your use of this Site constitutes your agreement that if any dispute arises between you and us with pertains to these Terms Of Use (which cannot otherwise be resolved through communication between us) any such dispute, including all aspects relating to such dispute, whether relating to the alleged breach, termination, enforcement, interpretation or validity of these Terms Of Use or the use of the Site (each and all of such matters being referred to herein as a “Dispute”) will be settled by binding arbitration, as described herein.

B. Waiver Of Jury Trial and Of Class Action. THE FOREGOING PARAGRAPHS MEAN THAT YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY REGARDING THE DISPUTE OR TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS ACTION LAWSUIT WHICH MIGHT BE RELEVANT TO THE DISPUTE, CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY-GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.

C. Arbitration Procedure. If you believe that a Dispute has arisen and you desire to initiate arbitration you must provide us with a written Demand for Arbitration as specified in the AAA Rules. The same rule applies if we desire to initiate an arbitration with you.

The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of California and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) business days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

You are specifically advised that the arbitrator will have wide the discretion in conducting the arbitration.

D. Admissibility Of These Terms Of Use. A printed version of these Terms Of Use shall be admissible in the arbitration proceeding to the same extent as would be the case with any other business document which was initially generated in a physical and/or printed form.

E. Award In Arbitration. The arbitrator will render an award pursuant to the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof.

If you prevail in the arbitration you may be entitled to an award of attorneys' fees and expenses, to the extent provided under California law. If we prevail in the arbitration, we may be entitled to an award of attorneys' fees and expenses.

F. Payment Of Arbitration Fees And Costs. Unless otherwise agreed to us in writing, you will be responsible for the payment of any filing, administrative and arbitrator fees payable to the AAA in the case where you initiate the arbitration.

22. VENUE.

The Arbitration described above shall be brought exclusively in San Luis Obispo, California. This means that you are waiving any claim or defense that such forum is not convenient or proper. In addition, you are agreeing that a final judgment in any such arbitration shall be conclusive and may be enforced in San Luis Obispo, California and in such other jurisdictions in the manner specified by law.

23. SEVERABILITY.

A. General. If any provision of these Terms Of Use, as applied either to you or us or to any circumstance, shall be found to be void, invalid or unenforceable, this shall in no way affect any other provision of these Terms Of Use, or the application of any such provision in any other circumstance, or the validity or enforceability of these Terms Of Use. In addition, any provision which is found to be void, invalid or unenforceable shall be curtailed and limited only to the extent necessary to bring such provision within the requirements of the law.

B. Foreign Jurisdictions. Without limiting the generality of Paragraph A. immediately above, if any of the provisions of these Terms Of Use is inconsistent with the law of any jurisdiction outside of the United States, then these Terms Of Use shall be read and applied as if such provision is not a part of these Terms Of Use.

24. EFFECT OF WAIVER.

No waiver by you or by us of any term or condition of these Terms Of Use shall be deemed or construed to be a waiver of such term or condition in the future, or of any preceding or subsequent breach of the same or any other term or condition of this or any other agreement. All remedies, rights, undertakings, obligations and agreements contained in these Terms Of Use shall be cumulative. No particular remedy, right, undertaking, obligation or agreement contained in these Terms Of Use shall be in limitation of any other remedy, right, undertaking, obligation or agreement set forth in these Terms Of Use.

25. NO ASSIGNMENT.

These Terms Of Use are not to be assigned by you to another person or entity and any attempted assignment by you shall be null and void and have no effect. We may assign these Terms Of Use to an affiliated entity of ours without your consent. Subject to the immediately preceding two sentences, these Terms Of Use and all provisions hereof, shall inure to the benefit of and be binding upon each of us, and the respective successors in interest, assigns, administrators, executors, heirs and devisees of each of us.

26. NO THIRD PARTY BENEFICIARY.
These Terms Of Use do not and are not intended to confer any rights or remedies

upon any person other than you and us. 27. INTERPRETATION.

These Terms Of Use are to be interpreted fairly and simply, and not strictly for or against either you or us, regardless of the fact that we have prepared these Terms Of Use.

28. ENTIRE AGREEMENT.

These Terms Of Use and, if applicable, the purchase order which is created with respect to the Product(s) which you purchase constitute the entire agreement between you and us pertaining to the subject matter hereof. No supplement, modification or amendment of these Terms Of Use shall be binding except through the updating of these Terms Of Use as provided for herein.

29. DESCRIPTIVE HEADINGS.
The descriptive headings which are used herein are for convenience only and shall not control or affect the meaning or construction of any provision of these Terms Of Use.

30. CONTACTING US.

On the Site, there is a link that enables you to contact us by e-mail. You will be required to provide us with various information in order for us to be able to address your questions or concerns: contactus@brownbuttercookies.com.

Last Updated: August 26, 2026

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