Terms and 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.

Privacy

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

Electronic Communications

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.

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 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.

Trademarks

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.

Return Policy

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 customerservice@insomniacookies.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.

Disclaimer

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
DAMAGES 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.

Indemnification

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.

Applicable Law

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.

Disputes

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.

Questions:

Questions regarding our Conditions of Usage, Privacy Policy, or other policy related material can be
directed to our support staff by clicking on the "Customer Service" link on the Website’s home page.
Or you can email us at: customerservice@insomniacookies.com.