Harken Foods, LLC (“Harken Foods", “we,” “us”, and “Company”) operates harkensweets.com (“Website” or “Site”).

Please read the Harken Foods Website Terms of Use (“Terms”) before using any HarkenSweets.com website on which these terms reside. BY ACCESSING THIS SITE IN ANY WAY, INCLUDING, WITHOUT LIMITATION, BROWSING THIS SITE, USING ANY INFORMATION, MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE (TOGETHER WITH THE SITE, THE “SERVICES”) AND/OR SUBMITTING INFORMATION TO US, YOU AGREE TO AND ARE BOUND BY THE TERMS, INCLUDING, BUT NOT LIMITED TO, CONDUCTING THIS TRANSACTION ELECTRONICALLY, DISCLAIMERS OF WARRANTIES, DAMAGE AND REMEDY EXCLUSIONS AND LIMITATIONS, BINDING ARBITRATION, CLASS ACTION WAIVER, AND A CHOICE OF DELAWARE LAW. PLEASE FEEL FREE TO CONTACT US FOR AN EXPLANATION OF ANY TERMS AND CONDITIONS. If you have any questions, comments, or concerns regarding these terms or the Services, please contact us at hello@harkensweets.com.

These Terms are a binding contract between you and Harken Foods, LLC (“Harken Foods”, “we”, “us”, and “Company”). These Terms include the provisions in this document, as well as those in the Privacy Policy. NOTICE: These Terms cover important information about Services provided to you and any charges, taxes, and fees we bill you. In addition, particular Services may be subject to additional terms and conditions which may be posted from time to time. This may include referral programs, gift cards, promotions, as well as return and shipping policies for certain transactions.

1. Changes to Terms

We reserve the right, at any time, to modify or update the Terms without notice. We will post changes to the Terms on the Website. It is your responsibility to check the Website periodically for changes. Your continued use of the Website after any changes to the Terms constitutes your acceptance of the revised Terms.

2. Age Requirement

The Website is directed to, and intended for use by, individuals 13 years of age or older. Children under the age of 18 but at least 13 years of age may use the Website only with the verifiable consent of a parent or legal guardian who has agreed to be bound by the Terms.

All purchases, ratings and reviews should be made by someone 18 years of age or over. If you are under 18, the payment for any purchase must be made by or approved by a parent or legal guardian.

3. License and Access

Harken Foods, LLC grants each user a limited license to access and make personal use of the Website and Website content only for noncommercial purposes and only to the extent such use does not violate these Terms. The Website’s content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold, or otherwise used in an unauthorized manner in any form or by any means, in whole or in part. Nothing herein grants you any license or right to use any of Our content, including Our trademarks, service marks, logos, slogans or taglines, or any software relating to Harken Foods. The following is a partial list of the kinds of activities that are prohibited on our Website and/or with respect to use of any Website content: any resale or commercial use of the Website; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website; any downloading, copying, or other use of the Website for the benefit of any third party; any use of data mining, robots, spider, or similar data gathering and extraction tools to monitor or copy Website content or for any other unauthorized purpose without Our prior written consent; using any device, software or routine to interfere or attempt to interfere with the operation of the Website; taking any action that imposes an unreasonable or disproportionately large load on Harken Foods's hardware or software associated with the operation of the Website. All rights not expressly granted to you in these Terms are reserved and retained by Harken Foods and/or its content providers. The Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Harken Foods. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of content on the Website without express written consent. You may not use any meta tags or any other “hidden text” utilizing Harken Foods’s name or trademarks without the express written consent of Harken Foods. You may not misuse the Website. You may use the Website only as permitted by law. The licenses granted by Harken Foods terminate if you do not comply with these Terms.

4. Intellectual Property

a. Copyright

We either own the intellectual property rights, including copyright protected by U.S. and international copyright laws, in the underlying HTML, text, images, audio clips, video clips, software, design, graphics, logos, buttons, icons, interfaces and other content, the selection and arrangements thereof, that is made available to you on this Website (collectively or individually, the “Content”), or we have obtained the permission of the owner of the intellectual property in such Content to use the Content on this Website. We prohibit the copying, redistribution, modification or public display of any Content on this Website without our express written permission.

Harken Foods will promptly investigate notices of alleged intellectual property infringement on the Website and take appropriate action under the Digital Millennium Copyright Act, 17 U.S.C. §512(c)(2) ("DMCA") and other applicable intellectual property laws. Pursuant to the DMCA, notifications of claimed copyright infringement should be sent to an online service provider's designated agent. Notification must be submitted to the following designated agent for this Website:

DMCA Designee - Harken Foods
Pattishall, McAuliffe, Newbury, Hilliard & Geraldson LLP
200 South Wacker Drive
Suite 2900
Chicago, IL 60606
Phone: 312-554-8000
Email: dmca@pattishall.com

To be effective, the notification must be a written communication that includes the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;

2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;

3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;

4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;

5. A statement that the complaining party has 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

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

b. Trademark

The trademarks and service marks used on the Website, whether identified by ®, ™ or SM symbols, appearing in type form different from that of the surrounding text, or consisting of graphics, logos, page headers, button icons, scripts, or service names, are marks that we own or have obtained the necessary permissions or licenses to use. Harken Foods’s trademarks, trade names, and trade dress may not be used in connection with any product or service that is not Harken Foods, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Harken Foods. All other trademarks not owned by Harken Foods that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Harken Foods.

5. Third-Party Websites

This Website may include links to third-party websites. We assume no liability for any damages you may suffer from visiting such linked websites, including, without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded from such linked websites. Harken Foods does not control or endorse such third-party websites and is not responsible for their content nor is it responsible for the accuracy or reliability of any information, data, opinions, advice, or statements contained within such websites. Please read the terms and conditions or terms of use policies of any other company or website you may link to from our Website. Harken Foods reserves the right to terminate any link or linking program at any time. Harken Foods disclaims all warranties, express and implied, as to the accuracy, validity, and legality or otherwise of any materials or information contained on such sites.

6. User Transactions

If you wish to purchase any product made available through the Website (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, information about your method of payment (such as your payment card number and expiration date), your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Harken Foods the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.

All descriptions, images, references, features, content, specifications, products, and prices of products described or depicted on the Website are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products on the Website does not imply or warrant that these products or services will be available.

Harken Foods reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product. You agree to pay all charges that may be incurred by you or on your behalf through the Website, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.

If we make a mistake on your order, we’ll be happy to correct it! Please reach out to hello@harkensweets.com within 3 days of damaged, defective, or incorrect items being delivered. 

• Payment Methods Accepted: We accept all major credit cards (Visa, Mastercard, American Express, and Discover)
• Shipping Policy: Shipping is dynamically calculated based on your order’s size and weight at the time of checkout. Shipping is only available within the United States.
• Sales Tax: We charge the appropriate product category sales tax as mandated by law that will be automatically calculated at checkout.

7. Customer Ratings and Reviews

Harken Foods may allow you to create customer reviews and ratings for its products and recipes on the Website (“User Content”), and such User Content may be made available on the Website.

By submitting User Content to the Website, you: (a) voluntarily waive all “moral rights”, rights of attribution and/or rights of integrity that you may have in such content; (b) must be at least 18 years of age or older; and (c) represent and warrant that you are the sole author and owner of any intellectual property rights in the User Content and that the User Content: (1) is accurate and will not cause any harm, damage, or other injury to any person or entity; (2) is not known to be false, inaccurate, or misleading; (3) does not infringe or misappropriate any third-party’s copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy; (4) does not violate any law, statute, ordinance, or regulation (including, but not limited to, those governing consumer protection, unfair competition, anti-discrimination, or false advertising); (5) is not, or may not reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening, or unlawfully harassing to any individual, partnership, or corporation; (6) was not created in exchange for compensation or any consideration by an unapproved third-party; (7) does not include any information that references other websites, addresses, email addresses, contact information, or phone numbers; and (8) does not contain any computer viruses, worms or other potentially damaging computer programs or files.

By submitting User Content to the Website, you further grant Harken Foods a perpetual, irrevocable, royalty-free, fully-transferable, fully-sublicensable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and/or distribute such User Content and/or incorporate such User Content into any form, medium, or technology throughout the world, all without compensation to the user.

All User Content may be used at Harken Foods’s sole discretion. Harken Foods reserves the right to change, condense, withhold publication, remove, or delete any User Content on the Website that Harken Foods deems, in its sole discretion, to violate any provision of the Terms. Harken Foods does not guarantee any recourse through Harken Foods to edit or delete any User Content submitted. Ratings and written comments are generally posted within two to four business days. However, Harken Foods reserves the right to remove or to refuse to post any submission to the extent authorized by law. None of the User Content shall be subject to any obligation of confidence on the part of Harken Foods, its agents, subsidiaries, affiliates, partners, or third party service providers and their respective directors, officers, and employees.

8. Consent to receive periodic messages and Mobile Service Terms

As part of the Services, you may receive communications through the Services, including messages that Harken Foods sends you (for example, via SMS if you opt into our SMS program). When purchasing a product on the Site, you will be opted in to receive our marketing emails. You will then receive a welcome message which will include instructions on how to stop receiving messages. BY USING THE SERVICES, YOU AGREE TO RECEIVE COMMUNICATIONS FROM HARKEN FOODS, AND YOU REPRESENT AND WARRANT THAT YOU CONSENT TO RECEIVE COMMUNICATIONS FROM HARKEN FOODS. You agree to indemnify and hold Harken Foods harmless from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to your breach of the foregoing.

The Harken Foods mobile message service (the "Mobile Service") is operated by Harken Foods, LLC. Your use of the Mobile Service constitutes your agreement to these terms and conditions (“Mobile Terms”) and Harken Foods’s overall Terms of Use, and your acknowledgement that you have read and understand Harken Foods’s Privacy Policy, as amended from time to time (together, “Terms”). Before using the Mobile Service, please read these Terms carefully. We may modify or cancel the Mobile Service or any of its features without notice. We may also modify these Mobile Terms at any time, and your continued use of the Mobile Service following the effective date of any such changes shall constitute your acceptance of such changes.

When you provide us with your mobile phone number and agree to receive text messages from us, you are expressly agreeing that Harken Foods may send you text messages (including SMS and MMS) to that phone number, including through the use of automated or autodialer technology. You represent that you are of legal age to form a binding contract and are the owner or authorized user of the wireless device on which the text messages will be received. If you signed up by texting a signup keyword, you will receive a confirmation text message, and you may need to reply as instructed to complete registration. Text messages may be sent using an automatic telephone dialing system or other technology. Your consent to receive autodialed marketing text messages is not required as a condition of purchasing any goods or services. If you have opted in, the Mobile Service will provide text messages for purposes that will be further detailed in our request for your consent, but may generally include updates, alerts, information, promotions, specials, and other marketing offers from Harken Foods via text messages through your wireless provider to the mobile number you provided. Message frequency varies. Message and data rates may apply to each text message sent or received in connection with the Mobile Services, in addition to any applicable roaming charges.

For Mobile Service support or assistance, email hello@harkensweets.com.

We may change any short code or telephone number we use to operate the Mobile Service at any time. In the case of such a short code or telephone number change, you will receive a final message from the retiring short code or telephone number notifying you of the upcoming change and providing instructions for how to opt out of the Mobile Service should you decide to. You acknowledge that any messages, including any STOP or HELP requests, you send to a short code or telephone number we have changed may not be received, and we will not be responsible for honoring requests made in such messages.

Data obtained from you in connection with the Mobile Service may include your mobile phone number, your wireless carrier’s name, and the date time and content of your messages and other information you provide to Harken Foods as part of the Mobile Service. Harken Foods may use this information to contact you and provide products and services you request from us. Harken Foods may also use this information as described in the subscription list you have enrolled in and as otherwise described in our Privacy Policy. If you have questions regarding our privacy practices, please read our Privacy Policy.

As always, message and data rates may apply for any messages sent to you from us and to us from you. The maximum number of messages per month you will receive will vary based on the subscription list you have enrolled in. If you have any questions about your text or data plan, it is best to contact your wireless provider. For questions about the services Harken Foods provides, contact us at hello@harkensweets.com.

You agree that neither we nor your wireless carrier will be liable for failed, delayed, or misdirected delivery of any information sent through the Mobile Service, any errors in such information, and/or any action you may or may not take in reliance on the information or Mobile Service. Delivery is subject to effective transmission from your network operator. You agree to provide us with a valid mobile number. In the event you change or deactivate your mobile number, you agree to promptly update your account information. Your wireless carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your wireless carrier or mobile device. Contact your wireless carrier with questions regarding these issues.

You agree to indemnify, defend, and hold Harken Foods and Harken Foods Entities harmless from any third-party claims, liability, damages or costs arising from your use of the Mobile Service or from you providing us with a phone number that is not your own.

9. Disclaimer of Warranty and Limitation of Liability

Harken Foods cannot and does not represent or warrant that the Website or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.

THIS WEBSITE (INCLUDING ALL SOFTWARE, CONTENT AND OTHER INFORMATION, MATERIALS AND PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE) IS PROVIDED “AS-IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND FROM US OR ANY OWNERS OF CONTENT. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, NON-INFRINGEMENT AND IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE WEBSITE OR ANY SOFTWARE, CONTENT, INFORMATION, MATERIALS OR PRODUCTS INCLUDED IN OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE IS OR ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

IN NO EVENT WILL WE, OUR AFFILIATES, AGENTS OR OTHER THIRD PARTIES MENTIONED IN THIS WEBSITE BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES WHATSOEVER ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS WEBSITE, ANY WEBSITES LINKED TO THIS WEBSITE, OR THE CONTENT CONTAINED ON ANY OR ALL SUCH WEBSITES, WHETHER OR NOT BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY CLAIM BY ANOTHER PARTY. IF YOUR USE OF THE CONTENT ON THIS WEBSITE RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.

BY USING THIS WEBSITE, YOU HEREBY RELEASE US, OUR EMPLOYEES, AGENTS, CONTENT PROVIDERS AND LICENSORS FROM ANY AND ALL CLAIMS, DAMAGES OR LOSSES OF ANY KIND OR NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, SUSPECTED OR UNSUSPECTED, THAT YOU MAY HAVE AGAINST US OR THEM ARISING OUT OF OR IN ANY WAY RELATING TO THIS WEBSITE.

10. Severability and Waiver

If any provision of these Terms is held invalid or unenforceable, such provision shall be revised to the extent necessary to cure the invalidity or unenforceability, and the remainder of these Terms shall continue in full force and effect. Nothing in these Terms shall be deemed to confer any third-party rights or benefits. These Terms, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by us without restriction. Our delay or failure to exercise any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms do not, and shall not be deemed to, constitute a relationship of a partnership, joint venture, employee, or agent with the authority to bind the other under any contract, agreement, or otherwise between you and Harken Foods.

11. Indemnification

You will indemnify and hold us (and our affiliates, subsidiaries, related entities, and our and their respective officers, directors, employees, and agents) harmless from and against all claims, demands, liabilities, damages, losses, and expenses, including but not limited to reasonable legal fees, due to or arising out of your breach of these Terms, your use of the Website, or your breach of any law or the rights of a third party.

12. Governing Law and Dispute Resolution

These Terms will be governed by the laws of the state of Delaware without regard to conflict of law principles. You hereby agree that any cause of action that you may have with respect to this Website and any other dispute arising out of these Terms or your use of this Website shall be resolved exclusively by the state or federal courts located in Delaware within one (1) year after the cause of action arises or the cause is barred. You hereby consent to personal jurisdiction in the state or federal courts located in Delaware and wave any objection based upon forum non conveniens. As a condition of using this Website, you agree that all causes of action arising out of or connected with this Website shall be resolved individually, without resort to any form of class action.

13. Entire Agreement

These Terms shall, as the same may be amended from time to time, constitute the complete and exclusive agreement between you and Harken Foods with respect to the subject matter hereof. It supersedes and replaces all prior discussions, negotiations, understandings and agreements, written and oral, regarding such matters. Any additional or different terms in any purchase order or other written or oral response by you shall be deemed rejected by Harken Foods without need of further notice and shall not be part of these Terms or in any way binding upon Harken Foods.

If you have questions about these Terms, please send an e-mail to hello@harkensweets.com.

Effective April 1, 2023

Updated February 6, 2024.