Terms and Conditions

TERMS OF USEHealthy Little Cooks, LLC, doing business as Flavor Uma, Wellness Jam, DUNK, and Healthy Food is Dope, provides access to information through our website accessible at the URL www.healthylittlecooks.com (the “Site”) ("Company," "we," or "us"). We may provide the ability to use certain functionalities of the Site or provide services of various kinds (the "Services"). The Site and Services are made available to you only under the following terms and conditions (the "Terms").PLEASE READ THE TERMS CAREFULLY. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE AND REPRESENT THAT (i) YOU HAVE READ THESE TERMS, (ii) UNDERSTAND THEM, (iii) AGREE TO BE BOUND BY THEM, AND (iv) YOU ARE AT LEAST 18 YEARS OLD. YOU MAY NOT USE THE SITE OR SERVICES IF YOU ARE UNDER 18 YEARS OLD. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE WEBSITE.


I. ACCESS TO SERVICE

A. Accounts

In order to use certain features of the Site or Services, you must register for an account with Healthy Little Cooks, LLC ("Account") and provide certain information about yourself as prompted by the Site registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. Accounts are for parents or legal guardians only—no accounts for minors are permitted.B. Access to Features of Online Services

Subject to these Terms, we grant you a limited, revocable, non-exclusive, nontransferable personal license to access and use the Site, Services, and any products (defined below) purchased by you via the Site or Services, solely in the format in which we deliver the Site, the Services, or those Products to you. Unless otherwise stated by us in writing or unless you first obtain our prior written consent, you may not download, copy, distribute, publicly perform, publicly display, digitally perform (in the case of sound recordings), or create derivative works from any Services, Products, or copyrighted work made available or accessible via the Site or the Service. Healthy Little Cooks, LLC and its suppliers reserve all rights not granted in these Terms. Any rights granted to you in these Terms will terminate automatically upon any violation of these Terms by you or termination of your access to the Site by us.C. General Restrictions on Use

The rights granted to you by these Terms will remain in force only for so long as these Terms remain in effect. You may not rent, transfer, assign, commercially exploit, resell, or sublicense access to the Service to any third party. You may use the Site and the Services only for your personal, non-commercial purposes. Except as expressly stated herein, no part of the Site or Services may be copied, reproduced, distributed, republished, downloaded, displayed, posted, or transmitted in any form or by any means. Any future release, update, or other addition to the functionality of the Site or Services shall be subject to these Terms. You agree not to use the Site and the Services to: (a) violate any local, state, national, or international law; (b) stalk, harass, or harm another individual; (c) collect or store personal data about other users; (d) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (e) interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; (f) exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (g) introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website; (i) attack the Website via a denial-of-service attack or a distributed denial-of-service attack or otherwise attempt to interfere with the proper working of the Website. Without our written consent, you may not (i) use any high volume, automated, or electronic means to access the Services (including, without limitation, robots, spiders, or scripts); or (ii) frame the Site, place pop-up windows over its pages, or otherwise affect the display of its pages. You promise that any information about yourself that you voluntarily provide to us will be true, accurate, complete, and current.D. Use of Third-Party Offerings

You may be able to access websites, content, products, or services provided by third parties through links that are made available on the Site. We refer to all such websites, content, services, and products as “Third-Party Offerings.” For example, we may permit third parties to advertise their products and services on the Site, and those advertisements may contain links to the website(s) of the advertisers. If you elect to use such Third-Party Offerings, you understand that your use of them will be subject to any terms and conditions required by the applicable third-party provider(s). You understand that we are not the provider of, and are not responsible for, any such Third-Party Offerings and that these Terms do not themselves grant you any rights to access, use, or purchase any Third-Party Offerings.E. Ownership

As between you and us, we and/or our vendors and suppliers, as applicable, retain all right, title, and interest in and to the Site and the Service and all Products (defined below) offered for sale in connection with the Site and the Service, and all related intellectual property rights in and to the foregoing, other than with respect to User Content. If you provide Healthy Little Cooks, LLC any feedback or suggestions regarding the Site or Services (“Feedback”), you hereby assign to Healthy Little Cooks, LLC all rights in the Feedback and agree that we shall have the right to use such Feedback and related information in any manner it deems appropriate. Healthy Little Cooks, LLC will treat any Feedback you provide to the Company as non-confidential and non-proprietary. You agree that you will not submit to Healthy Little Cooks, LLC any information or ideas that you consider to be confidential or proprietary.All contents of the website, including all text, images, graphics, logos, and software, are the property of Healthy Little Cooks, LLC or copyright owners who have granted us permission to use copyrighted material and are protected to the fullest extent under U.S. and international copyright laws. It is unlawful to reproduce, copy, or distribute material from the website except as provided by these Terms or otherwise without prior written permission.


II. USER CONTENT

A. User Content

“User Content” means any and all information and content that a user submits to, or uses with, the Site or Services (e.g., content in the user’s profile, photographs, or other postings). You are solely responsible for your User Content and assume all risks associated with use of your User Content. You hereby represent and warrant that your User Content does not violate the Terms and specifically the ACCEPTABLE USE POLICY (defined below in Section II.C). You may not state or imply that your User Content is in any way provided, sponsored, or endorsed by Healthy Little Cooks, LLC. Because you alone are responsible for your User Content (and not Healthy Little Cooks, LLC), you may expose yourself to liability if, for example, your User Content violates the Acceptable Use Policy. Healthy Little Cooks, LLC is not obligated to backup any User Content, and User Content may be deleted at any time. You are solely responsible for creating backup copies of your User Content if you desire.B. License

You hereby grant, and you represent and warrant that you own or control all rights in and to your User Content and have the right to grant, to Healthy Little Cooks, LLC an irrevocable, nonexclusive, royalty-free, and fully paid, worldwide license and authorization to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use your User Content (including your and/or your child’s name, voice, photograph, and likeness) and to grant sub-licenses of the foregoing, for the purposes of including your User Content in the Site, Services, Company’s other products and services, and Company’s marketing materials or endorsements. You agree to irrevocably waive (and cause to be waived) any claims and assertions of moral rights or attribution with respect to your User Content. You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not Healthy Little Cooks, LLC, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.C. Acceptable Use Policy

The following sets forth Healthy Little Cooks, LLC’s “Acceptable Use Policy”: You agree not to use the Site or Services to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual or is otherwise objectionable; (iii) exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party; (v) that constitutes a computer virus, worm, or any software intended to damage or alter a computer system or data; or (vi) that constitutes unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (vii) give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.D. Enforcement

We reserve the right (but have no obligation) to review any User Content, investigate, and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such acts may include removing or modifying your User Content, terminating your Account, and/or reporting you to law enforcement authorities.


III. TERMS AND CONDITIONS OF SALE

A. Certain Product Disclaimers

WARNING: CHOKING HAZARD – SMALL PARTS. NOT FOR CHILDREN UNDER 3 YEARS. YOU ACKNOWLEDGE THAT THE PRODUCTS ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR USE BY CHILDREN UNDER THE AGE OF THREE (3) AND MAY CONTAIN SMALL PARTS. IN ADDITION TO ALL OTHER LIMITATIONS AND DISCLAIMERS IN THIS AGREEMENT, HEALTHY LITTLE COOKS, LLC SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY, IN WHOLE OR IN PART, FOR ANY CLAIMS, LIABILITY, DAMAGES, LOSS, OR COSTS ARISING FROM SUCH USE.B. Products and Pricing

All products and services listed on the Site (“Products”) are subject to change. Healthy Little Cooks, LLC reserves the right, at any time, to modify, suspend, or discontinue the sale of any Product or portion thereof with or without notice. If you purchase a Product from us via the Site or Services, you agree that your purchase and use of such Product is subject to these Terms.C. Orders

When you make an order, you are making an offer to purchase, and such offer is subject to our acceptance. Your receipt of an order confirmation from us does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. We reserve the right at any time after receipt of your order to accept or decline or cancel your order (in whole or in part) for any reason. We may require additional verifications or information before accepting any order. Your order is not accepted until we send you shipping information for the order (or the accepted portion thereof). Notwithstanding the foregoing, you agree that, if we cancel all or a part of your order, your sole and exclusive remedy is either that (a) we will issue a credit to your credit card account in the amount charged for the canceled portion (if your credit card has already been charged for the order) or (b) we will not charge your credit card for the canceled portion of the order.D. Payment

For each Product you order on the Site, you agree to pay the price applicable for the Product as of the time you submitted your order (“Product Price”), the delivery fees for the delivery service you select (“Delivery Fees”), and any applicable taxes. If you order a subscription to a Product that auto-renews periodically (“Subscription”), then you agree to pay the applicable Product Price, Delivery Fees, and Taxes upon each auto-renewal date until you terminate your Subscription in accordance with the directions on the Site. Please note that if your Subscription includes a discounted Product Price for a promotional period, once the promotional period expires, your Subscription will renew at the full Product Price. Healthy Little Cooks, LLC will automatically bill your credit card submitted as part of the order process for such amounts, and you hereby authorize us to do so. All payments are non-refundable (except as expressly set forth in this Section). Without limiting other remedies, we reserve the right to charge a late fee on all past due payments equivalent to the lesser of one and a half percent (1.5%) per month on the unpaid balance or the highest rate allowed by law. You agree to pay for all collection costs, attorney’s fees, and court costs incurred in the collection of past due amounts.E. Shipping Policy

Products will be shipped in accordance with the shipping method you selected when placing the order. Any delivery dates provided by Healthy Little Cooks, LLC are estimates. Healthy Little Cooks, LLC reserves the right to make deliveries in installments. Healthy Little Cooks, LLC will send you an email when your order has shipped, and you may review your order and shipping information on your Account. Currently, we ship to the US and Canada only. Shipping to Canada is an additional $10 per month.Products will be shipped on or about the 12th of every month to the address you submit when placing your order. Healthy Little Cooks, LLC reserves the right to charge an additional $15 shipping fee if you request that any Products be re-shipped, whether because you originally submitted an incorrect address when you placed your order with the Company or otherwise. Accordingly, please be sure and review the shipping information you submit very closely to ensure it is accurate.F. Return Policy

(i) Return Policy. Unless the Product information page states that a Product is a Final Sale, Healthy Little Cooks, LLC will accept returns only for store credit and only in accordance with the Return Procedures below. If a Product is a Final Sale, then the sale is final, and no returns will be accepted. Provided that Healthy Little Cooks, LLC confirms that your Product was not a Final Sale and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that we will issue you a store credit in the amount charged for the applicable Product; provided that the credited amount will not include the applicable Delivery Fee, which is nonrefundable. Store credit may only be used for future purchases of Products on the Site (excluding gift cards) and are not transferable.(ii) Exchanges. We do not accept any Product exchanges.(iii) Damaged Products. If the Product arrives damaged or not substantially as described on the Product information page (“Damaged Product”), Healthy Little Cooks, LLC will accept returns for a full refund only in accordance with the Return Procedures below. Provided that Healthy Little Cooks, LLC confirms that your Product was a Damaged Product and was returned in accordance with the Return Procedures below, your sole and exclusive remedy is that (a) we will issue a refund to your credit card in the amount charged for the Damaged Product (if your credit card has already been charged for the Product), or (b) we will not charge your credit card for the Damaged Product. The refunded amount will include the applicable Delivery Fee.(iv) Return Procedures. The following sets forth the required “Return Procedures”: All returns must be made within 14 days after the Product shipment date. All returned Products must be unused and returned in accordance with the instructions received from contacting customer service at 443-538-9007. You are solely responsible for the cost of shipping the returned Product. All Products not returned in accordance with the Return Procedures shall be sent back to you, and no credit or refund will be issued.G. Promotions

Please read the official rules that accompany each special offer, coupon, discount, contest, and sweepstakes that we may offer or conduct. Special offers, coupons, or discounts cannot be used in conjunction with other offers. Limit one promotion per order.


IV. DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF LIABILITY

LIABILITY DISCLAIMER

The information, products, and services included in or available through the site may include inaccuracies or typographical errors. Changes are periodically made to the information herein. Healthy Little Cooks, LLC and/or its representatives may make improvements and/or changes in the Site at any time. Advice received via the Site should not be relied upon for personal, medical, legal, or financial decisions, and you should consult an appropriate professional for specific advice tailored to your situation.Healthy Little Cooks, LLC makes no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, products, and services contained on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, products, and services are provided “as is” without warranty or condition of any kind. Healthy Little Cooks, LLC hereby disclaims all warranties and conditions with regard to this information, products, and services, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.To the maximum extent permitted by applicable law, in no event shall Healthy Little Cooks, LLC, its members, service providers, employees, agents, or officers be liable to any party for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever, including, without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, with the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, products, and services obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if Healthy Little Cooks, LLC has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you.The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by defective products you purchase through the Site.If you are dissatisfied with any portion of the Site or Services or with any of these Terms of Use, your sole and exclusive remedy is to discontinue using the Site or Services.


V. TERMS AND TERMINATION

These Terms will become effective and binding when you use the Site or Services, when you voluntarily provide any information about yourself to us, or when you indicate your agreement by following any instructions we place on the Site (such as buttons labeled “I Agree”). We reserve the right to terminate these Terms, your Account, and your access to the Site and the Service at any time without notice. You may delete your Account at any time, for any reason, by following the instructions on the Site. You understand that any termination of your Account involves deletion of your User Content associated therewith from our live databases. Your rights under these Terms will automatically and immediately terminate if you fail to comply with your promises and obligations stated in these Terms. The provisions of sections I.C, I.D, I.E, II, III.A, IV, and VI will survive the termination of these Terms.

Healthy Little Cooks, LLC

8775 Cloudleap Court, STE 104

Columbia, Maryland 21045

Email:

[email protected]

Phone: 443-538-9007


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