By accessing or using this web site, you acknowledge that you have read, and understand this Privacy Statement and Legal Notice, and are in agreement with the terms.
SM Licensing Corporation (“SMLC”), or its agent for facilitating its web site, may ask for personal information during a visit to our web site in order to provide you with information or process a request on your behalf. SMLC may also use other information such as your IP address, browser information, the name of the domain from which you accessed the Internet, the date and when you accessed our web site, the Internet address of any web site which you linked to, to help diagnose problems with our server and to administer our web site. SMLC does not sell or share information about you with non-affiliated third parties unless we are legally required to do so, or when we are legally permitted to share this information to serve your interests, or to address legitimate business concerns.
You agree that your use of this web site and the content, products, functions or other information available on the pages herein is at your own risk. While SMLC intends that the information, content, products, and functions available herein be as accurate and up-to-date as possible, SMLC does not guarantee or warrant the accuracy, adequacy, completeness, or reliability of the information, content, functions or products displayed, performed, downloaded or otherwise available herein. Nor does SMLC warrant that your access to the web site will be uninterrupted or that the material accessible from this web site is virus-free.
The information and services provided on and throughout this site, and the programs and benefits offered by SMLC are subject to change without notice. Further, you understand, acknowledge and agree that, in SMLC's sole and absolute discretion, it reserves the right (a) to refuse to sell its Merchandise to any person and/or entity, including, without limitation, you (and that nothing in this Agreement creates and/or is intended to create an obligation of any kind, express or implied, for SMLC to sell its Merchandise); (b) to add, discontinue, or modify the Merchandise at any time without notice; and (c) to set and change the price of the Merchandise at any time without notice. Moreover, you understand, acknowledge and agree that SMLC may, from time to time, be temporarily out of one or more of the Merchandise offered for sale, and that it makes no guarantees as to the future availability of the Merchandise.
This web site, including all content, services, functions, hypertext links, and other information made available on or accessed through this site, is provided "as is", and, without warranties of any kind, either express or implied, including, without limitation, the warranties or non-infringement, merchantability, and of fitness for a particular purpose. Further, lest there be any misunderstanding as to Merchandise, SMLC expressly disclaims and makes no warranties or representations of any kind with respect to the Merchandise. To the extent permitted by applicable law, all warranties, express or implied, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose and title, non-infringement, and any and all express or implied warranties arising from statute, common law, course of dealing, course of performance and/or usage of trade, are hereby waived, disclaimed and excluded.
Return and Refund Policy
You understand, acknowledge and agree (1) that your sole and exclusive remedy for any damaged and/or defective merchandise (including, without limitation, products) ("Merchandise") ordered from this website shall be replacement of the Merchandise at no cost to you, provided that (a) you notify us in writing via the form on the Contact page of this web site, and (b) the reported defect occurred prior to your receipt of the Merchandise; and (2) that you hereby knowingly and voluntarily waive any and all rights and remedies available to you concerning any damaged and/or defective Merchandise, including, without limitation, claims for damages. Except for defective merchandise or merchandise that was damaged prior to delivery, which will be replaced, all sales are final. No refunds. We never re-stock merchandise that has left our facilities.
Discount Coupon Policy
Only discount codes issued by SMLC for use on CookieDiet.com may be used. Discount codes may only be used by the individuals to whom they are issued. Only one discount code may be used per transaction. Discount codes are not applicable towards shipping charges unless explicitly stated otherwise. Discount codes have no residual value (for example, if you use a $50 discount code to purchase $25 worth of merchandise, you forfeit the remaining $25 discount value of that coupon). Discount codes may not be redeemed for cash. Unless explicitly stated otherwise, discount codes are for use one time per person. Users are expressly prohibited from creating multiple accounts and using one-time-use discount codes on purchases made from multiple accounts.
This Agreement may be amended and/or modified only by an instrument in writing executed by the parties. Any such amendments and/or modifications shall not require additional consideration to be effective.
This Agreement shall be binding upon and inure to the benefit of the parties and their respective successors and assigns.
The parties represent that they have read the Agreement, have had the opportunity to seek independent counsel of their own choice, and completely understand the terms and conditions and effect of this Agreement. The parties are therefore fully aware of the terms and conditions contained in this Agreement and have voluntarily and without duress entered into this Agreement and the transactions contemplated thereby.
If any term or provision of this Agreement shall be found to be void or contrary to law, such term or provision shall, but only to the extent necessary to bring this Agreement within the requirements of the law, be deemed to be severable from the other terms and provisions hereof, and the remainder of this Agreement shall be given effect as if the parties had not included the severed term herein.
This Agreement shall be governed by the laws of the State of Florida without giving effect to principles of conflict of laws. Further, the parties agree that any litigation relating to this Agreement shall be instituted exclusively and only in the state or federal courts located in Miami-Dade County, Florida, and that venue shall be proper in Miami-Dade County, Florida for all such proceedings. To this end, you agree to be subject to the personal jurisdiction of the state and/or federal courts located in Miami-Dade County, Florida, and waive any and all defenses regarding lack of personal jurisdiction, improper service of process, and improper venue or inconvenient forum (including, without limitation, defenses pursuant to the doctrine of forum non conveniens).
This Agreement constitutes the entire agreement between the parties relating to all matters addressed herein, and revokes and/or supersedes any and all prior existing agreements, representations and/or understandings (written, oral or otherwise) relating to the subject matter hereof, which are merged into this Agreement. Further, the Parties expressly represent, agree and acknowledge that no Party has relied upon any agreement, representation and/or understanding (written, oral or otherwise) other than the agreements, representations and/or understandings contained in this Agreement to induce any Party to enter into this Agreement.
Any forbearance, failure or delay by any party to exercise any right, power or remedy hereunder shall not be deemed a waiver of such right, power or remedy, and any single or partial exercise of any such right, power or remedy hereunder shall not preclude the further exercise thereof, and every right, power or remedy of any party shall continue in full force and effect unless waived specifically by an instrument in writing executed by such party.
Any and all terms of this Agreement that would, by their nature, survive the expiration or termination of this Agreement shall so survive.
Subject to the limitations set forth elsewhere in this Agreement, you understand acknowledge and agree that in no event shall SMLC be liable to you or to any third party for any damages, including without limitation, direct, indirect, incidental, consequential, exemplary, special or punitive damages, lost profits, or lost savings, arising out of and/or relating to the Merchandise and/or the use or, inability to use, accuracy, quality and/or performance of the web site or any hypertext links thereon, and/or services, or functions, rendered in connection therewith, whether or not SMLC has been advised of the possibility of such damages, and whether or not based upon theories of contract, negligence, statutory duty, principles of indemnity or contribution, the failure of any remedy to achieve its essential purpose, or otherwise. Some states do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall the total liability of SMLC to you, or to any third party, for all damages, losses, and causes of action exceed the amount paid by you to access this web site.
Copyright and Trademark Notices
This website is © 2007-2013 by SM Licensing Corporation. All Rights Reserved. Siegal, Dr. Siegal's, Dr. Siegal’s COOKIE DIET, Plan 10X, FIBER-2-GO, CookieDoctor, Controls Your Hunger So You Can Stick to Your Diet™, Hunger Wrecks Diets™, La Dieta de las Galletas del Dr. Siegal, the Dr. Siegal’s COOKIE DIET® logos, and the name and likeness of Dr. Sanford Siegal, are trademarks or registered trademarks used under license.
Dr. Siegal's COOKIE DIET
12254 SW 131st Avenue
Miami, FL 33186