Terms & Conditions

Welcome to the website (the "Website") of Habit Cookies, LLC ("Habit Cookies"). Habit 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.

Privacy

Please review our Privacy Notice, which also governs your visit to our Website, to understand our practices.

 

Electronic Communications

When you visit Habit 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.

 

Terms and Conditions for Habit Cookies’ Text Message Program

 

**IMPORTANT! PLEASE READ THESE HABIT COOKIES’ TEXT MESSAGE PROGRAM TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR ANY HABIT COOKIES’ TEXT MESSAGE PROGRAM. BY SIGNING UP FOR ONE OR MORE OF HABIT COOKIES’ TEXT MESSAGE PROGRAMS, YOU AGREE TO ABIDE BY AND BE BOUND TO THESE HABIT COOKIES TEXT MESSAGE TERMS AND CONDITIONS. ** Habit Cookies operates marketing and transactional text message programs, which are further described below in detail. The following terms apply to all of the Text Programs: All of the Habit Cookies’ text message programs and participation in any text message program is also governed by other provisions of these Habit Cookies Terms & Conditions and Privacy Policy.

 

By opting in to any text message program, you consent to the use of an electronic record to document your Opt-In. To withdraw that consent, request documentation of the Opt-In, or update our records with your contact information, please call (561) 552-3973. These Terms & Conditions still will apply if you withdraw the consent mentioned above or opt out of each of the text message programs.

 

By signing up for one or more text messaging programs, you expressly consent to receive marketing or non-marketing text messages, as applicable, from or on behalf of Habit Cookies, including but not limited to, text messages made with an automatic telephone dialing system (“autodialer”), at the telephone number(s) that you provide. You may opt-out of these communications at any time. Consent to receive text messages is not a condition of purchasing any property, goods, or services.

 

Program Description - Habit Cookies and its service providers may use an autodialer to deliver text messages to you. Habit Cookies text messages are intended to provide you with marketing and promotional information regarding Habit Cookies products and services (e.g., events and promotions offered by Habit Cookies or any of its authorized dealers). We may also provide you with transaction-related information.  

 

After joining any of Habit Cookies' marketing text programs, you may receive text messages regarding special offers, new products, in-store events, shopping cart reminders and other marketing communications related to the applicable program that you joined.

 

Message Frequency - The number of Habit Cookies text messages that you receive will vary depending on which Habit Cookies text messaging programs for which you sign up to receive messages and the frequency of the messages sent by those programs.  You will receive a maximum of approximately seven (7) marketing or promotional text messages per week.  

 

Cost - Message and data rates may apply to each text message sent or received in connection with Habit Cookies text messages, as provided in your mobile telephone service rate plan (please contact your mobile telephone carrier for pricing plans), in addition to any applicable roaming charges. Habit Cookies does not impose a separate fee for sending Habit Cookies text messages; however, you are responsible for any fees imposed by your mobile carrier of any kind whatsoever.

 

How to Opt-In - To opt-in to receive text messages from a Habit Cookies text messaging program(s), please follow the instructions provided by the specific program from which you wish to receive messages. For example: (i) you may be asked to check a opt-in check box on the collection page where you entered your phone number; (ii) by responding to a prompt to text a keyword as directed to a number; (iii) or by replying in the affirmative in the manner indicated in an initial text message (e.g., Y or Yes).   

 

How to Opt-Out - To stop receiving text messages from a specific Habit Cookies text messaging program, text STOP to the five-digit short code for the text messaging program from which you no longer wish to receive messages (i.e., the five-digit number from which its text messages are being sent). You acknowledge that you will then receive one (1) final message from Habit Cookies confirming your opt-out of that text messaging program. Following such confirmation message, no additional text messages associated with that program will be sent to you unless you re-activate your subscription. You will remain opted in to other Habit Cookies text messaging programs. You may also indicate your choice to stop receiving promotional text messages from Habit Cookies by calling (561) 552-3973.

 

Your Mobile Telephone Number - By completing the opt-in process for any text program, you represent and confirm that you are the account holder for the mobile telephone number(s) that you enroll and that you are authorized to grant Habit Cookies the right to send text messages to that number. You are responsible for notifying Habit Cookies immediately if you change your mobile telephone number. You may notify Habit Cookies of a number change by contacting Habit Cookies at (561) 552-3973. If you change your mobile phone number, you agree to opt out of the program prior to changing your mobile number.

 

You agree to indemnify, defend and hold us harmless from any third-party claims, liability, damages, expenses, and/or costs arising from your use of the program, from you providing us with a phone number that is not your own, or by your failure to notify Habit Cookies if you change your telephone number or if you do not opt-out your prior telephone number, including but not limited to those arising under the Telephone Consumer Protection Act (“TCPA”).

 

Access or Delivery to Mobile Network is Not Guaranteed - It is your responsibility to determine if your mobile carrier supports text messaging and if your mobile device is capable of receiving text messages. Your receipt of our text messages is subject to the terms and conditions of your agreement(s) with your mobile carrier. 

 

Delivery of information and content to a mobile device may fail due to a variety of circumstances or conditions.  You understand and acknowledge that network services, including but not limited to mobile network services, are outside of Habit Cookies’ control, and Habit Cookies is not responsible or liable for issues arising from such network services (e.g., delayed or undelivered messages or the security of any messages).

 

Carriers are not liable for delayed or undelivered messages.

 

**Support/Help **- To request more information, you may contact Habit Cookies at (561) 552-3973.

 

Eligibility - To receive Habit Cookies text messages, you must be a resident of the United States and 18 years of age or older. 

 

Changes to Terms and Conditions - Habit Cookies may revise, modify, or amend these Habit Cookies’ Text Message Program at any time.  Any such revision, modification, or amendment shall take effect when it is posted to Habit Cookies’ website at https://Habitcookies.com/terms.  You agree to review these Habit Cookies Text Message Program periodically to ensure that you are aware of any changes.  Your continued consent to receive Habit Cookies text messages will indicate your acceptance of those changes.

 

Termination of Text Messaging - We may suspend or terminate your receipt of Habit Cookies text messages if we believe you are in breach of these Habit Cookies’ Text Message Program Terms and Conditions.  Your receipt of Habit Cookies text messages is also subject to termination in the event that your mobile telephone service terminates or lapses.  Habit Cookies reserves the right to modify or discontinue, temporarily or permanently, all or any part of any Habit Cookies text message program, with or without notice.

 

 

Copyright

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 Habit Cookies, its content suppliers, or by third parties who have licensed their materials to Habit Cookies and is protected by U.S. and international copyright laws. The compilation of all content on this Website is the exclusive property of Habit Cookies, with copyright authorship for this collection by Habit Cookies, and protected by international copyright laws.

 

 

Trademarks

Habit Cookies‘ trademarks and trade dress may not be used in connection with any product or service that is not Habit Cookies‘, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Habit Cookies. All other trademarks not owned by Habit 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 Habit Cookies or its subsidiaries.

 

 

License and Site Access

Habit 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 Habit 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 Habit 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 Habit Cookies and our associates without express written consent. You may not use any meta tags or any other "hidden text" utilizing Habit Cookies‘ name or trademarks without the express written consent of Habit Cookies. Any unauthorized use terminates the permission or license granted by Habit Cookies. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of Habit Cookies so long as the link does not portray Habit Cookies, its associates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Habit 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. Habit 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. Habit 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. Habit 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 Habit Cookies immediately about any unauthorized use of your Password or any breach of security. You further agree that Habit 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 Habit 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. Habit 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 Habit 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 Habit 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 Habit Cookies or its associates for all claims resulting from content you supply. Habit Cookies has the right but not the obligation to monitor and edit or remove any activity or content. Habit Cookies takes no responsibility and assumes no liability for any content posted by you or any third party.

 

 

Habit Rewards Loyalty Program:

Please review our Habit Rewards Terms & Conditions to understand the rules and processes associated with the program.

 

 

Allergy

Many of our products contain or may come into contact with common food allergens, including eggs, milk, wheat, soy, peanuts and/or tree nuts. Habit 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.

 

 

Return Policy

If you are not satisfied with your order, please contact Habit Cookies Customer service immediately via telephone at 877-63-COOKIE or via email at customerservice@Habitcookies.com. All sales are final unless order problems/issues are confirmed by Habit Cookies, at its sole discretion, to be actionable. In such cases, Habit 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 Habit 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.

 

 

Disclaimer

THIS WEBSITE IS PROVIDED BY HABIT COOKIES ON AN "AS IS" AND "AS AVAILABLE" BASIS. HABIT 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, HABIT COOKIES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. HABIT COOKIES DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM HABIT COOKIES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HABIT 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 HABIT 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 HABIT COOKIES HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOU, AND NOT HABIT 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 HABIT 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.

 

 

Indemnification

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HABITCOOKIES 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.

 

 

Applicable Law

By visiting Habit Cookies, you agree that the laws of the state of Florida, 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 Habit Cookies or its associates.

 

 

Disputes

Any dispute relating in any way to your visit to Habit Cookies or to products you purchase through Habit Cookies shall be submitted to confidential arbitration in Florida, United States, except that, to the extent you have in any manner violated or threatened to violate Habit Cookies‘ intellectual property rights, Habit Cookies may seek injunctive or other appropriate relief in any state or federal court in the state of Florida, 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 Habit 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.