Terms of service
Effective Date: November 6, 2026
1. INTRODUCTION AND GENERAL TERMS. Welcome to The Eli's Cheesecake Company! The terms "we", "us", "our", “Eli’s”, and “Eli’s Cheesecake” refer to The Eli's Cheesecake Company, which operates this website and online store, located at elischeesecake.com, and any linked, Eli’s-branded webpage or application on which a link to these Terms of Service appears (collectively, the “Sites”), together with any and all other Eli’s-branded content, functionality, features, activities, experiences, and events hosted by Eli's Cheesecake, whether online or offline (collectively, the "Services"). These Terms of Service (“Terms”) govern your access to and use of the Sites and Services, including your access to the Sites and Services via a mobile device. These terms apply to all users, regardless of whether you are customer, a vendor, contributor of content, or are “just browsing.” They do not apply to any sites, services, content, conduct, or activities made available by any third party unless explicitly stated.
Please read these Terms of Service carefully before you start to use the Sites and Services, as you accept and agree to these Terms of Service, and the privacy practices described in our Privacy Policy, when you perform any of these actions:
- Purchase, send, or receive any product or service, including Eli's gift certificates, through the Sites;
- Access, view, or listen to any text, graphics, video, audio, or other featured Site content;
- Access links to view or interact with Eli's Cheesecake’s social media pages on platforms including, but not limited to, Facebook, Instagram, and Twitter/X;
- Request, sign up for, or consent to receive catalogs, newsletters, or other marketing from Eli's;
- Participate in promotions, sweepstakes, or contests offered by Eli's; and/or
- Submit questions, feedback, product reviews, or other communications to Eli's Cheesecake.
Your access to the Sites and Services is subject to your continued compliance with these Terms and all applicable laws. If you do not agree to and accept these Terms of Service and Eli’s privacy practices you must exit now, and must not access or use the Sites and Services.
These Terms of Service require that all disputes be resolved exclusively by litigation on an individual basis in federal or state courts located in Chicago, Illinois.
1.1 UPDATES TO THESE TERMS AND NOTIFICATION. Eli’s may update these Terms of Service from time to time as permitted by law. We will notify you of any such changes by posting the updated Terms on this page with an updated date, and encourage you to look for updates to these Terms by checking this date when you access our Sites and Services. Your continued use of the Sites and Services after the effective date of any such change to these Terms will be deemed your acceptance of the updated Terms of Service.
2. LIMITATIONS AND SCOPE
2.1 Geographic Restrictions. Eli’s Cheesecake operates and is based in Chicago, Illinois, in the United States. Eli’s Sites and Services are directed to a U.S. audience, and are intended for individuals residing within the United States. We currently ship orders for Eli’s products placed through the Sites and Services exclusively to physical addresses within the United States (including the 50 states and District of Columbia). At this time, Eli’s does not ship to international addresses, P.O. Boxes, APO/FPO/DPO military addresses, U.S. territories, or freight forwarding companies. Any product orders placed for delivery to a non-U.S. shipping address or other unsupported destination will be automatically canceled and refunded.
2.2 Age Restrictions. By using the Sites and Services, you affirm that you are at least 18 years of age and of the age of majority to enter into these Terms of Service, OR, if you are not, that you are 13 years of age or older and have your parent’s or legal guardian’s consent to enter into these Terms of Service under their direct supervision. To set up a store account, and to place any order for Eli’s products you must be 18 or older, and authorized to make the purchase.
3. STORE ACCESS AND ACCOUNT
3.1 Welcoming Existing Customers: In 2026, we moved our online store to Shopify for new and better e-commerce transaction capabilities that allow us to provide to you a curated shopping experience. Existing customer profiles and order history were transferred to our new online store, which uses a secure passwordless sign-in, so there is no password to carry over or remember. If you’ve ordered with us before, you need only enter your email and we’ll send you a one-time code to access your account and view your past orders.
3.2 Account Security. To use the Sites and Services, including accessing or browsing our online store or purchasing Eli’s products, you may be asked to provide information such as your email address, billing, payment, and shipping information. It is a condition of your use of the Sites and Services that all the information you provide is correct, current, and complete, and that you have all rights necessary to provide this information. You are solely responsible for maintaining the security of your account credentials and account activity. Online store accounts are non-transferable.
3.3 Dealer and Reseller Prohibition. It is a condition of your use of the Sites and Services that the Eli’s products you purchase from our online store are for your own personal or household use and not for commercial resale or export. We reserve the right to refuse any order placed with us at our discretion, and to limit or prohibit any orders that we believe were placed by dealers, resellers, or distributors. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or which share the same billing or shipping address.
4. ORDERS AND CANCELLATIONS
4.1 Order Acceptance. Your order constitutes an offer to purchase, and is subject to our discretionary acceptance and payment verification. Eli's reserves the right to accept or decline your order for any reason at its sole discretion. Your order is not accepted until Eli's confirms acceptance. We must receive and process your payment before your order is accepted. Please review your order carefully before submitting, as Eli's may be unable to accommodate cancellation requests after an order is accepted. In the event that we make a change to or cancel an order, we will attempt to notify you by contacting the email, billing address, and/or phone number provided at the time the order was made.
4.2 Returns. Your purchases are subject to return or exchange solely in accordance with Eli’s Return Policy.
5. PRODUCT REPRESENTATIONS AND STANDARDS
5.1 Visual Disclaimer. Eli’s takes all reasonable effort to ensure that the colors and images of our products are displayed in our online stores as accurately as possible. However, because displays vary across devices and display settings, we cannot guarantee that your device display will reflect these colors and images with absolute accuracy, and we do not warrant that the appearance or quality of any products purchased by you will meet your subjective expectations.
5.2 Product Changes and Availability. All product descriptions and pricing are subject to change without notice at our sole discretion. We reserve the right to discontinue any product, limit sales quantities to any person, household, or geographic region, or refuse any offer on a case-by-case basis. Any offer for any product or service made on the Sites is void where prohibited.
6. PRICES, BILLING, AND PROMOTIONS
6.1 Pricing and Taxes. Posted prices do not include taxes, shipping, handling, customs, or import charges unless expressly stated otherwise. Prices, discounts, and promotions are subject to change without notice and may differ from prices in physical stores or on third-party platforms. The price charged for a product or service will be the price in effect at the time the order is placed and will be set out in your order confirmation email. charges. Prices posted in our online stores may be different from prices offered in physical stores or in online or other stores operated by third parties
6.2 Promotion Rules. Sweepstakes, contests, or other promotions Eli’s may offer may be subject to separate or additional rules and laws governing such activities which will be made available to you prior to participation. In the event of a conflict between the terms for a promotion and these Terms, the promotion’s terms will govern.
6.3 Billing Accuracy. You represent that all billing and payment information you provide is accurate, current, and authorized. You agree to promptly update your account and other information, including your email address, credit card numbers, and expiration dates, so that we can complete your transactions and contact you as needed. You represent and warrant that (i) the payment information you provide is true, correct, and complete, (ii) you are duly authorized to use such credit card or payment method, (iii) charges incurred will be honored by your credit card company, and (iv) you will pay all charges incurred at the posted prices, including any shipping, handling, and applicable taxes.
7. SHIPPING AND DELIVERY DELAYS
7.1 Title and Risk of Loss. All delivery dates are estimates that cannot be guaranteed. Eli's is not responsible for shipping and delivery delays caused by shipping carriers, customs processing, or other events beyond our reasonable control. Title and risk of loss pass to you upon our delivery of the products to the carrier.
8. ERRORS, INACCURACIES, AND OMISSIONS
8.1 Correction Rights. Occasionally there may be information on or in the Services that contain typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information is inaccurate at any time without prior notice (including after you have submitted your order).
9. RELATIONSHIP WITH SHOPIFY
9.1 Partner Release. Our online store is powered by Shopify, which enables us to provide the Services to you. However, any sales or purchases you make in our store are made directly and exclusively with Eli’s. By using the Services, you acknowledge and agree that Shopify is not responsible for any aspect of any sales between you and Elis Cheesecake, including any injury, damage, or loss resulting from purchased products and services. You hereby expressly release Shopify and its affiliates from all claims, damages, and liabilities arising from or related to your purchases and transactions with Elis.
10. PRIVACY
10.1 Privacy Integration. Our collection and processing of personal information is governed by our Privacy Policy, which can be viewed here and which is incorporated by reference into these Terms. Because our online store is hosted by Shopify, Shopify may also collect and process personal information about your access to and use of the Sites and Services in order to support our operations and to provide and improve the Services for you. The information you submit to the Services and which is transmitted to and shared with Shopify, and which may also be shared with third parties that may be located in countries other than where you reside is subject to Shopify’s Privacy Policy, which can be viewed here. By using the Services, you acknowledge that you have read both of these privacy policies.
10.2 Notice to California Residents. For required disclosures and information about your rights under California Consumer Privacy Act (CCPA) please see our Privacy Policy supplement, For Residents of California and Other Covered States, which can be viewed here.
11. Eli’s SMS/Text Messages Terms And Conditions
When you provide to us your mobile telephone number and your affirmative consent to receive SMS messages from us, the SMS messages that we may send you will be consistent with the consent that you have provided. These SMS messages may include transactional messages, Customer Service messages And promotional offers. Your SMS consent is voluntary and is not a condition of using our Sites and Services, or purchasing goods or services from us. Message and data rates may apply. Message frequency varies. You may opt out at any time by replying STOP to an SMS message from us. You may also reply HELP for assistance, or contact us using the contact information provided below. We maintain SMS consent and opt-out records as necessary to administer our messaging program and demonstrate compliance with applicable requirements. We will not use SMS consent to send messages that are materially different from the types of messages to which you agreed.
See our SMS Messages Privacy terms on Privacy Policy.
12. INTELLECTUAL PROPERTY, TRADE DRESS, AND PACKAGING
12.1 Intellectual Property. Our Services, including but not limited to all trademarks, brands, text, displays, images, graphics, product reviews, video, audio, source code, databases, website design, and the design, selection, and arrangement thereof, are owned by Eli's, its affiliates, or licensors and are protected by U.S. and foreign patent, copyright, trademark, and other intellectual property laws. These Terms of Service permit you a limited, personal, non-commercial license to access the Sites and use the Services for your personal, non-commercial use. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Services without our prior written consent. Except as expressly provided in these Terms, nothing in these Terms grants or shall be construed as granting to you a license or other rights in any patent, trademark, copyright, or other intellectual property of Eli's, Shopify, or any third party.
12.2 Trade Dress, Registered and Common Law Trademarks. The Eli’s Cheesecake trademarks, logos, product names, distinctive packaging, and trade dress appearing on the Sites and on Eli’s product packaging, are registered with the United States Patent and Trademark Office and/or are protected common law trademarks of The Eli's Cheesecake Company. Any unauthorized use, reproduction, or modification of Eli’s trademarks without the prior written permission of Eli’s is strictly prohibited. All rights not expressly granted are reserved.
13. OPTIONAL TOOLS
13.1 Disclaimed Tool Access. While using the online store Services you may be provided with access to third-party customer tools that Eli’s does not own, control, or monitor. You acknowledge and agree that we provide access to such tools "as is" and "as available,” without endorsement, and with no warranties or representations of any kind. Eli’s shall have no liability arising from or relating to your use of these optional third-party tools. Any use by you of these tools shall be at your own risk and discretion, and is governed by the relevant third-party provider’s terms of service.
13.2 Future Features. Eli’s may in the future develop and offer new tools or other features through the Services. The release by Eli’s of such new resources shall be deemed part of the Services and shall be subject to these Terms of Service.
14. THIRD-PARTY LINKS
14.1 Third-Party Site Disclaimers. The Sites and Services may contain materials or include hyperlinks to websites provided or operated by third parties, including any embedded third party functionalities. Eli's is not responsible for examining or evaluating the content or accuracy of any third-party materials or websites you choose to access. If you decide to leave the Sites and Services to access these third-party websites or materials, you do so at your own risk. Eli’s shall have no liability arising from or relating to your use of third-party materials, websites, content, or transactions, or your purchase or use of products or services from any third party. Any use by you of these tools shall be at your own risk and discretion, and is governed by the relevant third-party provider’s terms of service. Please review the terms and privacy policies of these parties before electing to engage in third-party transactions. Complaints or questions regarding any third party must be directed to that party.
15. USER CONTRIBUTIONS FEEDBACK, SUBMISSIONS, AND COMMENTS
15.1 Comments License. If you, at our request, send to us certain specific submissions (such as contest entries) or you, without a request from us, send to us any creative ideas, feedback, suggestions, proposals, product reviews, or other communications, whether transmitted to us online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that Eli's may at any time and without restriction edit, copy, publish, distribute, translate, and otherwise use the Comments you send to us, in any medium for any purpose, including for commercial use. You understand and agree that Eli's is not obligated (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments.
15.2 Content Moderation. Eli’s may but shall not be obligated to monitor, edit, or remove Comments that we determine in our sole discretion are offensive, unlawful, threatening, libelous, defamatory, infringing, pornographic, or which may violate the legal rights of any party or these Terms of Service. You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive, or obscene content, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for your Comments and their accuracy. Eli’s takes no responsibility and assumes no liability for any Comments posted by you or any third-party.
16. PROHIBITED USES
16.1 General Prohibitions. You may access and use the Sites and Services for lawful purposes only. You are strictly prohibited from using the Site and Services, directly or indirectly,: (a) for any unlawful or malicious purpose; (b) to solicit any illegal act; (c) to violate any federal, state, local, or international law or regulation; (d) to infringe or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or harm any Eli’s Cheesecake employee or any other person; (f) to transmit false or misleading information; (g) to send, knowingly receive, upload, download, use, or re-use any material that violates these Terms; (h) to transmit, or procure the sending of any advertising or promotional material, including any "junk mail," chain letter, spam, or any similar solicitation; (i) to impersonate or attempt to impersonate any other person or entity; (j) For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise; or (k) to engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Sites or Services, or which, as determined by us, may harm Elis Cheesecake, Shopify, or users of the Sites or Services, or expose them to liability.
16.2 Technological Misuse. In addition, you agree not to: (a) upload or transmit viruses or any other type of malicious code that will or may be used to in any way affect the functionality or operation of the Sites or Services; (b) reproduce, duplicate, copy, extract, sell, resell or exploit any portion of the Services; (c) collect or track the personal information of others; (d) spam, phish, pharm, or pretext the services; (e) use any robot, spider, scraping, data gathering and extraction tools, automatic devices, or processes, AI tools (such as agentic AI) or automated or manual means to access the Sites and Services, except in strict compliance with Section 14; (f) interfere with, bypass, or circumvent the security or authorization features, robot exclusion headers, or any other measure employed to restrict access to the Services; or (g) use the Services in any manner that could disable, overburden, damage, or impair the Services or interfere with any other person or entity’s use of the Services, including their ability to engage in real time activities through the Services; Any violation of these Terms will result in the immediate termination of your account and access to Services.
16.3. No Non-disparagement. Nothing in these Terms shall be construed to waive or limit any rights afforded to consumers under California’s so called “Yelp Law”, Civil Code §1670.8. Users retain their right to make lawful public statements about their experiences with Eli’s company, products, and services.
17. AGENTS AND AUTOMATED SYSTEMS
17.1 Definition. This section applies if you use, allow, enable or cause the deployment of any software or service that takes autonomous or semi-autonomous action on your behalf (“Agent”) to access, use, or interact with any Services.
17.2 Agent Compliance. No Agent may access, use, or interact with Services unless it at all times identifies itself and operates in strict accordance with the requirements in section 14.3 below. In addition, no Agent may access, use, or interact with Services if we have requested that the Agent refrain from accessing, using, or interacting with any service. An Agent must never conceal or obfuscate that its access, use, or interactions are from an agent, such as by mimicking human behavior and interaction patterns, or completing or circumventing CAPTCHAs or other measures intended to distinguish computer use from humans. An agent must respond truthfully to any question or prompt seeking to determine if interactions are coming from a human or computer. An agent may not circumvent or otherwise avoid any measure intended to block, limit, modify, or control whether and how agents access, use, or interact with the Services.
17.3 Must identify. Any Agent accessing the Services must identify that the request is from an Agent and disclose the name of the Agent by including "Agent/[Agent Name]" in its HTTP/HTTPS User-Agent string.
17.4 Eli’s reserves the right at its sole discretion to block, limit, or modify, including by technical means, whether and how any Agent accesses, uses, and interacts with Services.
18. TERMINATION
18.1 Survival of Terms. We may terminate this agreement or your access to the Sites and Services (or any part thereof) at our sole discretion at any time without notice. Upon termination, you will remain liable for all outstanding obligations and amounts due up to and including the date of termination. Following any termination, Eli’s Privacy Policy and all provisions of these Terms of Service that by their nature should survive termination, including but not limited to all provisions concerning intellectual property, disclaimers, liability limitations, indemnification, and governing law will continue to apply.
19. DISCLAIMER OF WARRANTIES
19.1 General Disclaimers. The information presented on or through the Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Services, or by anyone who may be informed of any of its contents.
Except as expressly stated by Eli’s the services and products offered through the services are provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. Some jurisdictions limit or do not allow disclaimer of implied or other warranties so the above disclaimer may not apply to you.
19.2 Server and Virus Disclaimer. Use of the Sites is at your own risk. Eli's does not warrant that the functions contained on the Sites will be uninterrupted or error-free, that the Sites and its server will be free of viruses or other harmful components, or that such defects will be found and corrected.
20. LIMITATION OF LIABILITY
To the fullest extent provided by law, in no case shall Eli’s, our partners, directors, officers, employees, affiliates, agents, contractors, service providers or licensors, or those of Shopify and its affiliates, be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, or any similar damages arising from any use of the Sites and Services, or relating to any content posted, transmitted, or otherwise or made available via the Sites and Services, including any errors or omissions concerning this content.
20.1 Technological Damage. ELI'S IS NOT LIABLE FOR ANY DAMAGE OR INJURY CAUSED BY PERFORMANCE FAILURES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, LINE FAILURES, OR COMPUTER VIRUSES. Eli's is not liable for indirect, punitive, special, or consequential damages resulting from use of the Sites and Services, and is not liable for performance delays or failures resulting from causes beyond its reasonable control.
20.2 Strict Financial Cap. EXCEPT AS EXPRESSLY REQUIRED BY APPLICABLE LAW, IN NO EVENT WILL ELI’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OR INABILITY TO USE THE SITES AND SERVICES OR OTHERWISE ARISING OUT OF OR RELATING TO THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, EXCEED THE AMOUNT YOU PAID FOR PRODUCTS YOU PURCHASED THROUGH THE SITES AND SERVICES.
20.3 IF ANY OF THE ABOVE LIMITATIONS ARE FOUND TO BE INVALID OR UNENFORCEABLE, ELI’S TOTAL LIABILITY FOR ALL DAMAGES, LOSSES, OR CAUSES OF ACTION OF ANY KIND WHATSOEVER SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
21. INDEMNIFICATION
21.1 Broad Coverage. You agree to indemnify, defend and hold harmless Elis Cheesecake co, Shopify, and our affiliates, partners, officers, directors, employees, agents, contractors, licensors, and service providers from any losses, damages, liabilities or claims, including reasonable attorneys' fees, payable to any third party due to or arising out of (1) your breach of these Terms of Service or the documents they incorporate by reference, (2) your violation of any law or the rights of a third party, or (3) your access to and use of the Services.
21.2 Defense Mechanics. We will notify you of any indemnifiable claim, provided that a failure to promptly notify will not relieve you of your obligations unless you are materially prejudiced. We may control the defense and settlement of such claim at your expense, including choice of counsel, but will not settle any claim requiring non-monetary obligations from you without your consent (not to be unreasonably withheld). You will cooperate in the defense of indemnified claims, including by providing relevant documents.
22. SEVERABILITY
22.1 Validity of Remainder. If any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed severed from these Terms, and such determination shall not affect the validity and enforceability of any other remaining provisions of these Terms which shall continue in full force and effect.
23. ENTIRE AGREEMENT
23.1. Any failure by Eli’s to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. These Terms and any policies or operating rules posted by us on the sites or in respect to the Services constitute the entire agreement and understanding between you and us, and govern your use of the Services, superseding any prior or contemporaneous agreements, proposals, or communications, whether oral or written, between you and us (including, but not limited to, prior versions of these Terms of Service). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.
24. ASSIGNMENT
24.1 Assignment Rights. You may not transfer, assign, or delegate your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction, notice, or consent.
25. GOVERNING LAW, JURISDICTION, AND FEES
25.1 Illinois Venue. These Terms shall be construed in accordance with the laws of the State of Illinois, without regard to conflict of law principles, and any dispute, claim, or cause of action arising from use of the Sites and Services or these Terms shall be resolved individually, without resort to any form of class action, exclusively in the state or federal courts located in Chicago, Illinois, and you consent to personal jurisdiction in such courts.
25.2 Attorneys' Fees. The prevailing party as determined by the trier of fact in any dispute resolution proceeding arising under these Terms shall be entitled to recover its reasonable attorney's fees and costs.
26. HEADINGS FOR CONVENIENCE
Section headings are included for convenience only and do not limit or otherwise affect these Terms.
27. CONTACT INFORMATION
Please direct any Questions about these Terms to us at customerservice@elicheesecake.com Or you may call or write to us at:
The Eli's Cheesecake Company
Attn: Customer Service
6701 West Forest Preserve Drive
Chicago, Illinois 60634
Phone: (773) 736-3417 or (800) ELI-CAKE (354-2253) (Monday—Friday, 8:00 am—4:00 pm CST)