BY VISITING, BROWSING, SHOPPING, ACCESSING OR OTHERWISE USING THIS WEB SITE (THE "SITE") OPERATED BY TOOTIE PIE COMPANY, INCORPORATED, A NEVADA CORPORATION, HEREINAFTER TOOTIE PIE CO., YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.

Important Information About This Legal Contract
By visiting, browsing, shopping, accessing or otherwise using this Site you agree to all of the terms and conditions of this User Agreement as modified from time to time, in Tootie Pie Co.'s sole discretion.

Acceptance of Contract Terms
This User Agreement, and all of its terms and conditions, constitute a legal contract between you and Tootie Pie Co. If you do not agree to this User Agreement, as it may be changed by Tootie Pie Co. from time to time, do not use this Site. The material provided on this Site is protected by law, including, but not limited to, United States copyright law and international treaties. This Site is controlled and operated by Tootie Pie Co. from its offices within the United States. Tootie Pie Co. makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their contents are illegal is not authorized. Any claim relating to, and the use of, this Site and the materials contained herein is governed by the laws of the state of Texas without regard to conflict of law rules. You consent to jurisdiction of the Texas state courts to hear any such claims and venue for any such disputes shall be in Boerne, Kendall County, Texas.

Access, Interference and Linking
Tootie Pie Co. grants you a limited license to access and make personal use of the Site and not to download (other than page caching) or modify it, or any portion of it, except as provided below under "Use Restrictions," or with express written consent of Tootie Pie Co.The following activity on the Site is expressly prohibited: Any non-personal or commercial use of any robot, spider, other automatic device, or manual process to monitor or copy portions of the Site or the content contained herein without prior written permission by Tootie Pie Co.; collection or use of any product listings, descriptions, or prices, from the Site for the benefit of another merchant that supplies products competitive with or comparable to those offered on the Site; and, Any use of, visits to, or other action that imposes an unreasonable or disproportionately large load on the Site, or otherwise interferes with its proper and timely functioning.

Any unauthorized use terminates the license granted by Tootie Pie Co.

You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Site so long as the link does not portray Tootie Pie Co., its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any Tootie Pie Co. logo or other proprietary graphic or trademark as part of the link without express written permission. Tootie Pie Co. does not review or control third-party sites that link to or from the Site, and is not responsible for the contents of any third-party sites linked to or from the Site.

Use Restrictions
The copyright in all material provided on this Site is held by Tootie Pie Co. or by the original creator of the material. Except as stated herein, none of the material may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of Tootie Pie Co. or the copyright owner. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded or printed materials. You also may not, without Tootie Pie Co.'s prior written permission, "mirror" any material contained on this Site on any other server. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes.

Copyright Exception
The website located at www.howfarforatootiepie.com includes video, recipe, and textual representations created by the Company, employees, agents, assigns, customers and the public. These video, recipe and textual representations are provided for the express purpose of copying, posting, linking, and transmitting. All copyright limitations by Tootie Pie Company, Inc., are hereby waived. Copyrights protecting all other content of the website are unaffected by this waiver, and remain under the aforementioned copyright claims.

Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL TOOTIE PIE CO. BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF DATA OR PROFIT, ARISING OUT OF THE USE, OR THE INABILITY TO USE, THE MATERIALS ON THIS SITE, EVEN IF TOOTIE PIE CO. OR A TOOTEI PIE CO. AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF MATERIALS FROM THIS SITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ANY COSTS THEREOF.

Arbitration
By accessing the Site and using the information therein available and/or by purchasing any products or services made available through this Site, you agree with Tootie Pie Co., its service providers, agents, employees, successors, assigns, affiliates, parents, subsidiaries and any content provider or offer or of goods or services on this Site or through any other associated activity, that ANY CLAIM OR DISPUTE UNDER THE USER AGREEMENT AND ANY CLAIM OR DISPUTE THAT YOU MAY HAVE AGAINST ANY OF THESE PERSONS OR ENTITIES, WHETHER RELATED TO THE DESCRIBED TRANSACTIONS OR OTHERWISE, INCLUDING THE ENFORCEABILITY OF THIS ARBITRATION AGREEMENT, WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION under the rules and regulations of the AMERICAN ARBITRATION ASSOCIATION in effect at the time the claim is filed. Any and all hearings shall be held in Boerne, Texas. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Privacy
Please review our Privacy Notice, which also governs your visit to this Site.
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 the Site only with a parent or guardian. Tootie Pie Co. reserves the right to refuse service, terminate accounts, remove or edit content, or cancel orders in its sole discretion.
Communications to Tootie Pie Co.
Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything you transmit or post may be used by Tootie Pie Co. for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast, and posting. Furthermore, Tootie Pie Co. is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Tootie Pie Co. or the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products using such information.

Copyright Complaints
If you believe that your work has been copied in a way that constitutes copyright infringement, please contact:

Tootie Pie Company, Incorporated.
129 Industrial Drive
Boerne TX, 78006
Phone: 210-737-6600
Fax: 210-237-4750
Email: info@tootiepieco.com

Disagreement with These Terms and Conditions
If you do not accept any of the terms and conditions of this User Agreement, please do not visit, browse, shop, access or otherwise use this Site.

TERMS AND CONDITION OF SALE

PLEASE READ THESE TERMS AND CONDITIONS OF SALE ("SALE AGREEMENT") VERY CAREFULLY. BY PLACING AN ORDER THE CUSTOMER AGREES TO BE BOUND BY THIS SALE AGREEMENT AND ACCEPTS ITS TERMS AND CONDITIONS (UNLESS THE CUSTOMER HAS SIGNED A SEPARATE FORMAL PURCHASE AGREEMENT WITH TOOTIE PIE CO. IN WHICH CASE THE SEPARATE AGREEMENT SHALL GOVERN).

Important Information About This Legal Contract
This Sale Agreement is a legal contract between the Customer and Tootie Pie Co.. The Customer accepts this Sale Agreement by making a purchase, placing an order, or otherwise shopping on the Site. (References to "you" or "your" shall relate to the Customer; references to "Tootie Pie Co." shall relate to Tootie Pie Co. and its affiliates.) The terms and conditions of this Sale Agreement are subject to change without prior notice, except that the terms and conditions posted on the Site at the time the Customer initially places or modifies an order will govern the order in question.

This Sale Agreement constitutes the entire agreement between the Customer and Tootie Pie Co. relating to the purchase or sale of goods or services on the Site. The Sale Agreement may only be modified or terminated with regard to goods or services that have been purchased or sold on the Site in a writing signed by Tootie Pie Co. In the event of any conflict between the terms and conditions stated on your purchase order and this Sale Agreement or any terms and conditions on our invoice, you agree that the provisions of this Sale Agreement and our invoice shall control.

Governing Law
THIS AGREEMENT AND ANY SALES HEREUNDER SHALL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICTS OF LAWS RULES. THE CUSTOMER CONSENTS TO THE JURISDICTION OF THE TEXAS STATE COURTS AND VENUE FOR ANY DISPUTE ARISING OUT OF THIS SALE AGREEMENT SHALL BE MANDATORY IN KENDALL COUNTY, TEXAS.

Title; Risk of Loss
Title to goods herein being purchased is retained by the seller until goods are paid for by the purchaser and at that time title passes to the purchaser. Loss or damage that occurs during shipping by a carrier selected by Tootie Pie Co. is Tootie Pie Co.'s responsibility. Loss or damage that occurs during shipping by a carrier selected by Customer is Customer's responsibility. Loss or damage that occurs after delivery regardless of which party selected the carrier is the Customer’s responsibility.

Pricing and Information Disclaimer
All pricing is subject to change. For all prices, products and offers, Tootie Pie Co. reserves the right to make adjustments due to changing market conditions, product discontinuation, supplier price changes, errors in advertisements and other extenuating circumstances. High volume bids are welcome! While Tootie Pie Co. uses reasonable efforts to include accurate and up-to-date information on the Site, Tootie Pie Co. makes no warranties or representations as to the Site's accuracy. Tootie Pie Co. assumes no liability or responsibility for any errors or omissions in the content on the Site.

Limitation of Liability
TOOTIE PIE CO. WILL NOT BE LIABLE FOR LOST PROFITS, LOSS OF BUSINESS OR OTHER CONSEQUENTIAL, SPECIAL, INDIRECT, OR PUNITIVE DAMAGES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANY THIRD PARTY EXCEPT AS EXPRESSLY PROVIDED HEREIN. CUSTOMER AGREES THAT FOR ANY LIABILITY RELATED TO THE PURCHASE OF PRODUCTS OR SERVICES, TOOTIE PIE CO. IS NOT LIABLE OR RESPONSIBLE FOR ANY AMOUNT OF DAMAGES ABOVE THE AGGREGATE DOLLAR AMOUNT PAID BY CUSTOMER FOR THE PURCHASE(S) UNDER THIS AGREEMENT.

Arbitration
ANY CLAIM, DISPUTE, OR CONTROVERSY (WHETHER IN CONTRACT, TORT, OR OTHERWISE, WHETHER PREEXISTING, PRESENT OR FUTURE, AND INCLUDING STATUTORY, COMMON LAW, INTENTIONAL TORT AND EQUITABLE CLAIMS) ARISING FROM OR RELATING IN ANY MANNER WHATSOEVER TO THIS SALE AGREEMENT SHALL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION ADMINISTERED BY THE AMERICAN ARBITRATION ASSOCIATION USING THE RULES AND REGULATIONS IN EFFECT AT THE TIME THE CLAIM IS FILED. If any in-person hearing is required, it shall be held in Boerne, Texas. Judgment on the award rendered by the arbitrator(s) may be entered by any court having jurisdiction. Each party shall bear its own cost of any legal representation, discovery, or research required to complete arbitration.

Orders; Payment Terms; Interest; Taxes
Orders are not binding upon Tootie Pie Co. until accepted by Tootie Pie Co. Terms of payment are within Tootie Pie Co.'s sole discretion. Invoices are due and payable within the time period noted on the invoice, measured from the date of the invoice. Tootie Pie Co. may invoice parts of an order separately. Customer agrees to pay interest on all past-due sums at the highest rate allowed by law. The Customer is responsible for sales and all other taxes associated with the order.

Freight Policy
Shipping and handling charges on all orders vary; contact your Tootie Pie Co. account manager for our most current and competitive rates, options and shipping specials. For the Customer's (Purchaser’s) protection, we ship to the verified billing address of the Purchaser’s credit card unless the Purchaser has designated a different Recipient and shipping address provided by the Purchaser. In some circumstances, international shipping may be available. Call for details.

REFUND AND RETURN POLICY
NO REFUNDS - All sales, once accepted by Tootie Pie Co., are final and no refunds shall be issued. Tootie Pie Co. may, in the sole discretion of the Company, provide replacement goods under certain circumstances.