Terms of Use:

Our website address is: http://desserted.co.

The following terms and conditions govern all use of the deserted.co website and all content, services and products available at or through the website (taken together, the Website). The Website is owned and operated by Desserted Co, LLC (“Desserted Co”). The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies (including, without limitation, Desserted Co’s Privacy Policy) and procedures that may be published from time to time on this Site by Desserted Co (collectively, the “Agreement”).

 Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Desserted Co, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 13 years old. Any person who registers as a user or provides their personal information to our Services represents that they are 13 years of age or older.

Use of our Services requires a WordPress.com account. You agree to provide us with complete and accurate information when you register for an account. You will be solely responsible and liable for any activity that occurs under your username. You are responsible for keeping your password secure.

Product

Desserted Co offers a large array of desserts and products with many products available in different flavors and varieties. The actual products/flavors/varieties in the dessert boxes may be different that what is pictured in the product photos and Desserted Co will provide products, flavors and varieties at its discretion.

Delivery

We deliver in the Denver Metro area. To find out if we deliver to your area, input your zip code and it will populate delivery data. We deliver between 9am-5pm Monday through Friday. Delivery fees are due in addition to the cost of your order and will be auto-populated at check out. We recommend using a business address if possible. If delivery address is a residence, we request the recipient be available at the residence to accept the package. If no one is available to accept delivery, the package will be left outside of the residence.

Desserted Co utilizes outside delivery services to deliver dessert boxes same day. Occasionally situation may arise that cause delays to deliveries that are outside of Desserted Co’s control. Desserted Co cannot take responsibility for these delays but will make every effort to ensure products arrive on time.

Unattended Deliveries

Desserted Co and its employees or contracted delivery companies are not always in a position to contact gift-recipients and/or other parties by phone if/when the requested delivery location is unattended and/or to obtain further delivery instructions. It is important the customer provides clear and accurate delivery instructions when placing their order. Dessert CO retains records for proof of delivery, and remains exempt from any liability or responsibility for loss or damage arising as a result of parcels being left safely and securely at unattended premises and/or due to an incident arising from ‘returned, melted, infested or undelivered’ products.

Cancelation

Orders placed on desserted.co can be canceled up until 2 business days before the day of delivery. Orders that are already prepared and/or processed for delivery and/or out for delivery cannot be cancelled. Orders canceled before the cancellation cutoff time of 2 business days before delivery will received a refund. Cancellation notices received less than 2 business days before delivery date will not be refunded.

Cancellation requests can be made by emailing fistbump@desserted.co.

Same day cancellations will not be possible. In the event a customer needs to reschedule or cancel a delivery on the same day as delivery, the customer will be charged for that additional dessert box.

Incorrect Delivery Information

Should the delivery address supplied by the customer be incorrect or insufficient details provided, Desserted Co cannot accept any responsibility for any loss experienced. It is the obligation of the customer to supply accurate details at the time of order.

 When supplied with an incorrect address, the box will be re-directed to Desserted Co and disposed of as products no longer remain fresh. It is a commitment by Dessert Co that all products be delivered at the highest quality and a decision will be made to dispose of re-directed products, once returned, at the discretion of Desserted Co.

Re-delivery on the same day will not always be guaranteed. In the case of a wrong or non-complete delivery address, It is the customer’s responsibility to decide on whether they would like to purchase another box and have it delivered to the correct address on a different day.

 In the case of a wrong or non-complete delivery address, the customer will lose the monies spent on both the dessert box, add-ons and delivery.

What personal data we collect and why we collect it

Comments

 When visitors leave comments on the site we collect the data shown in the comments form, and also the visitor’s IP address and browser user agent string to help spam detection.

 An anonymized string created from your email address (also called a hash) may be provided to the Gravatar service to see if you are using it. The Gravatar service privacy policy is available here: https://automattic.com/privacy/. After approval of your comment, your profile picture is visible to the public in the context of your comment.

Media

If you upload images to the website, you should avoid uploading images with embedded location data (EXIF GPS) included. Visitors to the website can download and extract any location data from images on the website.

Cookies

If you leave a comment on our site you may opt-in to saving your name, email address and website in cookies. These are for your convenience so that you do not have to fill in your details again when you leave another comment. These cookies will last for one year.

If you have an account and you log in to this site, we will set a temporary cookie to determine if your browser accepts cookies. This cookie contains no personal data and is discarded when you close your browser.

 When you log in, we will also set up several cookies to save your login information and your screen display choices. Login cookies last for two days, and screen options cookies last for a year. If you select “Remember Me”, your login will persist for two weeks. If you log out of your account, the login cookies will be removed.

 If you edit or publish an article, an additional cookie will be saved in your browser. This cookie includes no personal data and simply indicates the post ID of the article you just edited. It expires after 1 day.

Embedded content from other websites

 Articles on this site may include embedded content (e.g. videos, images, articles, etc.). Embedded content from other websites behaves in the exact same way as if the visitor has visited the other website.

 These websites may collect data about you, use cookies, embed additional third-party tracking, and monitor your interaction with that embedded content, including tracing your interaction with the embedded content if you have an account and are logged in to that website.

How long we retain your data

 If you leave a comment, the comment and its metadata are retained indefinitely. This is so we can recognize and approve any follow-up comments automatically instead of holding them in a moderation queue.

 For users that register on our website (if any), we also store the personal information they provide in their user profile. All users can see, edit, or delete their personal information at any time (except they cannot change their username). Website administrators can also see and edit that information.

What rights you have over your data

If you have an account on this site, or have left comments, you can request to receive an exported file of the personal data we hold about you, including any data you have provided to us. You can also request that we erase any personal data we hold about you. This does not include any data we are obliged to keep for administrative, legal, or security purposes.

Where we send your data

Visitor comments may be checked through an automated spam detection service.

Your desserted.co Account and Site.

You are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection with the website/blog. You must not describe or assign keywords to your contributions to the Website in a misleading or unlawful manner, including in a manner intended to trade on the name or reputation of others, and Desserted Co may change or remove any description or keyword that it considers inappropriate or unlawful, or otherwise likely to cause Desserted Co liability. You must immediately notify Desserted Co of any unauthorized uses of your account or any other breaches of security. Desserted Co will not be liable for any acts or omissions by You, including any damages of any kind incurred as a result of such acts or omissions. 

Content Posted on Other Websites.

 We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which desserted.co links, and that link to desserted.co. Desserted Co does not have any control over those non-Desserted Co websites and webpages, and is not responsible for their contents or their use. By linking to a non-Desserted Co website or webpage, Desserted Co does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Desserted Co disclaims any responsibility for any harm resulting from your use of non-Desserted Co websites and webpages.

Payment and Renewal.

General Terms.

 

◦By selecting a product or service, you agree to pay Desserted Co the one-time and/or monthly or annual subscription fees indicated (additional payment terms may be included in other communications). Subscription payments will be charged on a pre-pay basis on the day you sign up for an Upgrade and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

Automatic Renewal.

 

◦Unless you notify Desserted Co before the end of the applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. Upgrades can be canceled at any time by submitting your request to Desserted Co in writing. 

Copyright Infringement and DMCA Policy.

As Desserted Co asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by desserted.co violates your copyright, you are encouraged to notify Desserted Co in accordance with the Digital Millennium Copyright Act (“DMCA”). Desserted Co will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. Desserted Co will terminate a visitor’s access to and use of the Website if, under appropriate circumstances, the visitor is determined to be a repeat infringer of the copyrights or other intellectual property rights of Desserted Co or others. In the case of such termination, Desserted Co will have no obligation to provide a refund of any amounts previously paid to Desserted Co.

You can send your complaint to our designated agent by emailing jimmy@desserted.co 

You must include the following:

•A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;

•An identification of the copyrighted work claimed to have been infringed;

•A description of the nature and exact location of the material that you claim to infringe your copyright, in sufficient detail to permit Automattic to find and positively identify that material. For example we require a link to the specific blog post (not just the name of the blog) that contains the material and a description of which specific portion of the blog post – an image, a link, the text, etc. your complaint refers to;

•Your name, address, telephone number and email address;

•A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

•A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Intellectual Property.

This Agreement does not transfer from Desserted Co to you any Desserted Co or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Desserted Co. Desserted Co, desserted.co, the Desserted Co logo, and all other trademarks, service marks, graphics and logos used in connection with desserted.co, or the Website are trademarks or registered trademarks of Desserted Co or Desserted Co’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Desserted Co or third-party trademarks.

 

Advertisements.

 

Desserted Co reserves the right to display advertisements on the Website and forums as well as paid content from Retailers and Contributors.

 

Changes.

Desserted Co reserves the right, at its sole discretion, to modify or replace any part of this Agreement. It is your responsibility to check this Agreement periodically for changes. Your continued use of or access to the Website following the posting of any changes to this Agreement constitutes acceptance of those changes. Desserted Co may also, in the future, offer new services and/or features through the Website (including, the release of new tools and resources). Such new features and/or services shall be subject to the terms and conditions of this Agreement.

Termination.

Desserted Co may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your desserted.co account (if you have one), you may simply discontinue using the Website. Notwithstanding the foregoing, if you have a paid services account, such account can only be terminated by Desserted Co if you materially breach this Agreement and fail to cure such breach within thirty (30) days from Desserted Co’s notice to you thereof; provided that, Desserted Co can terminate the Website immediately as part of a general shut down of our service. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer of Warranties.

The Website is provided “as is”. Desserted Co and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Desserted Co nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk. 

Jurisdiction and Applicable Law.

 

Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Jefferson County, Colorado.

 

Arbitration Agreement.

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Arvada, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees.

 

Limitation of Liability.

In no event will Desserted Co, or its suppliers or licensors, be liable with respect to any subject matter of this agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed the fees paid by you to Desserted Co under this agreement during the twelve (12) month period prior to the cause of action. Desserted Co shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

Desserted Co AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE CONTENT AVAILABLE VIA desserted.co. YOU MUST EVALUATE, AND BEAR ALL RISKS ASSOCIATED WITH, THE USE OF ANY CONTENT, INCLUDING ANY RELIANCE ON THE ACCURACY, COMPLETENESS, OR USEFULNESS OF SUCH CONTENT. YOU SPECIFICALLY ACKNOWLEDGE THAT Desserted Co IS NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF USERS OR THIRD PARTIES.

 

General Representation and Warranty.

You represent and warrant that (i) your use of the Website will be in strict accordance with the Desserted Co Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

US Economic Sanctions.

 

You expressly represent and warrant that your use of our Services and or associated services and products is not contrary to applicable U.S. Sanctions. Such use is prohibited, and Desserted Co reserves the right to terminate accounts or access of those in the event of a breach of this condition.

 

Indemnification.

You agree to indemnify and hold harmless Desserted Co, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of our Services, including but not limited to (1) your violation of this Agreement; or (2) the Content you submit, post, or transmit through desserted.co.

Translation.

 

These Terms of Service were originally written in English (US). We may translate these terms into other languages. In the event of a conflict between a translated version of these Terms of Service and the English version, the English version will control.

 

Miscellaneous.

 

This Agreement constitutes the entire agreement between Desserted Co and you concerning the subject matter hereof, and they may only be modified by a written amendment signed by an authorized executive of Desserted Co, or by the posting by Desserted Co of a revised version. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of the Website will be governed by the laws of the state of Colorado, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in Jefferson County, Colorado. Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Arvada, Colorado, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Desserted Co may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.

Phew, you made it to the end. Now go stuff your face.