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Terms of Service

Terms of Service

Welcome to Ann Clark’s Terms of Service.

What is a Terms of Service Agreement?

The document you are reading now is the legal contract between you and Ann Clark Ltd. (a.k.a. “Ann Clark”, “we”, “us”, “Website”, and “Service”). By visiting our site and/or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”).

Any new features or tools which are added to the current store shall also be subject to the Terms of Service.

Can Ann Clark change these Terms of Service?

Yes. We can change Ann Clark’s Terms of Service at any time by posting updates to our website. You can review the most current version of the Terms of Service at any time on this page. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Is this Ann Clark website for children?

No. You must be 18 or older to use this Service. If you are under 18, and can’t legally form a binding contract, you are not permitted to use this Service. If we learn that you are under 18, we will terminate your account.

How do you handle my personal information?

Your submission of personal information through the store is detailed by our Privacy Policy.

Do products, prices and product details change?

Yes. We make every effort to accurately display the current information for products we sell. However, we are human and sometimes there are typographical errors, inaccuracies or omissions that may relate to our product offering, product descriptions, product images, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, cancel orders, and to change or update products, information, images and/or pricing without prior notice (including after you have submitted your order).

Who pays taxes, postage and handling?

You do. Unless otherwise specified, you shall be responsible for the payment of all sales, use and other similar taxes related to any online purchase or product from the Website.

You shall also be responsible for the payment of all postage and handling charges relating to the purchase of products online. Orders shipped to addresses outside the United States may require the recipient to pay duties upon delivery. Ann Clark Ltd. cannot be held responsible for duties or taxes imposed by the local government on orders delivered to countries other than the United States.

Am I responsible for current, complete and accurate account information?

Yes. You agree to provide current, complete and accurate account information for all purchases made through our Service. You agree to promptly update your account and other information so that we can complete your transactions and contact you as needed.

What is copyrighted?

You should assume that everything you see or read on the Website is copyrighted unless otherwise noted and may not be used without the written permission of Ann Clark Cookie Cutters or the third party individuals who have supplied them. Photographs, images or illustrations displayed on the website are either the property of, or used with permission by, Ann Clark Ltd. Unless you are otherwise granted specific permission, the use of these materials by you, or anyone else authorized by you, is prohibited.

What happens to user comments, feedback and other submissions?

We keep them and use them at our discretion. If you submit creative ideas, suggestions, proposals, plans, comments, images, or other materials, whether online, by email, by postal mail or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence (2) to pay compensation for any comments; or (3) to respond to any comments.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right.

Can we refuse orders?

Yes, we can. Although its not our general policy to refuse service, we reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by unauthorized dealers, resellers or distributors.

Do your Terms of Service cover third-party links?

No. Third-party links on this Website may direct you to third-party websites that are not affiliated with us and are not covered under our Terms of Service or Privacy Policy.

What are your general conditions?

You many not use our products for any illegal or unauthorized purpose nor may you, in the use of this Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of this Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission from us.

What is the Disclaimer of Warranties and Limitation of Liability of this Terms of Service?

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Ann Clark Cookie Cutters, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

Indemnification

You agree to indemnify, defend and hold harmless Ann Clark Ltd. and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

Severability

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

Entire Agreement

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

You agree that the use of Ann Clark Services are governed by Vermont Law. You agree that any claim or dispute you may have against Ann Clark must be resolved exclusively by a state or federal court located in Rutland County, Vermont, except as otherwise agreed by the parties.

We control and operate this site from our offices in the United States of America. We do not represent that materials on the site are appropriate or available for use in other locations. Persons who choose to access this site from other locations do so on their own initiative, and are responsible for compliance with local laws, if and to the extent local laws are applicable.

Contacting us at Ann Clark Customer Service or through mail at: Ann Clark Cookie Cutters 453 Quality Lane, Rutland, VT, 05701, United States.