Parlor Doughnuts TERMS AND CONDITIONS

Effective Date: October 1, 2024

These Terms and Conditions (“Terms”) are a binding agreement between you (“you” or “user”) and Parlor Doughnuts Franchising, LLC (“Parlor Doughnuts,” “we,” “our,” or “us”). These Terms govern your access and use of our websites, applications, online ordering systems, physical locations, and all other digital properties or services provided by Parlor Doughnuts (collectively, the “Services”).

By accessing, using, or engaging with our Services, you agree to these Terms. Please read these Terms carefully. If you do not agree with these Terms, you must immediately discontinue use of the Services.

1. Acceptance of Terms

By accessing and using our Services, you agree to abide by these Terms, and you represent and warrant that you are at least 18 years of age or have reached the age of majority in your jurisdiction. If you are using the Services on behalf of a company, organization, or legal entity, you warrant that you are authorized to bind that entity to these Terms.

2. Changes to the Terms and Services

Parlor Doughnuts reserves the right to modify, revise, or update these Terms at any time in its sole discretion. Any changes will be effective immediately upon posting to the website or digital platforms, with an updated “Effective Date.” You are responsible for reviewing these Terms regularly. Continued use of the Services after any changes constitutes your acceptance of the revised Terms.

Parlor Doughnuts may also modify, suspend, or discontinue the Services or any feature of the Services at any time without notice.

3. Use of Services

You may access and use the Services for personal, non-commercial purposes only. You agree to use the Services in compliance with all applicable local, state, national, and international laws, rules, and regulations. You further agree not to:

Modify, reproduce, distribute, publicly display, or perform the Services or any part thereof without our prior written consent.
Interfere with the operation of the Services, including by hacking or defacing the website or any software supporting the Services.
Attempt to gain unauthorized access to any systems, servers, or databases connected to the Services.
Transmit any material that is illegal, abusive, defamatory, obscene, or otherwise objectionable.
Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
Use the Services for any commercial purpose unless expressly permitted by Parlor Doughnuts.

4. Third-Party Cookies and Pixel Notice

Our website and services may use third-party cookies, pixels, and related technologies to collect and store information about your usage, preferences, and device in order to enhance your browsing experience, deliver personalized content, and provide analytics. These third parties may include, but are not limited to, analytics providers (such as Google Analytics), advertising networks (like Facebook Pixel), and payment processors. By using our website or services, you consent to the collection and use of information by these third parties as outlined in our Privacy Policy. You can manage your cookie preferences through your browser settings, and opt-out of some third-party services as described in our Privacy Policy.

5. Eligibility

Our services are intended for use only by individuals who are 18 years of age or older, or the age of legal consent in your jurisdiction. By accessing or using our services, you represent and warrant that you meet these eligibility requirements. If you do not meet these criteria, you must not access or use our services. We reserve the right to deny access to or suspend any accounts if we have reason to believe that these eligibility requirements are not met.

6. Changes

We may revise, modify, or update these Terms and Conditions at any time at our sole discretion. All changes are effective immediately upon posting to our website or through the services, unless otherwise stated. By continuing to use our services after such changes, you agree to be bound by the revised Terms and Conditions. It is your responsibility to review these Terms and Conditions periodically for updates. If you do not agree to the updated terms, you must discontinue your use of our services.

7. Accounts

Creating an Account: You may be required to create an account to use certain features of the Services, such as online ordering, rewards programs, or special promotions. When creating an account, you agree to provide accurate, current, and complete information and to update this information as needed.

Account Security: You are responsible for maintaining the confidentiality of your account credentials, including your username and password. You are also responsible for all activity under your account. You agree to notify us immediately of any unauthorized use of your account.

Parlor Doughnuts reserves the right to terminate or suspend your account at its sole discretion if it suspects any unauthorized activity or breach of these Terms.

Inactive Accounts: We reserve the right to disable accounts that have been inactive for an extended period or are found to be in violation of these Terms.

8. Rewards Programs

By participating in Parlor Doughnuts’ rewards programs, including any points-based systems, rewards programs, or promotions, you agree to abide by the terms and conditions specific to that program, which may be updated from time to time. Parlor Doughnuts reserves the right to terminate or modify its rewards programs at any time, with or without notice, and any points, rewards, or offers may be subject to expiration.

9. Third-Party Services and Links

The Services may contain links to third-party websites or services, including payment processors, delivery services, or social media platforms. These third-party services are not controlled by Parlor Doughnuts, and we are not responsible for their content, terms, privacy practices, or other actions.

You acknowledge that use of any third-party services is at your own risk and subject to the terms and conditions imposed by those third parties.

10. Online Ordering and Payment

Parlor Doughnuts offers online ordering and payment processing through its website and mobile applications. Orders are fulfilled by individual Parlor Doughnuts locations, which may be operated by franchisees or independent business owners.

By placing an order, you agree to pay for all items in your cart, including applicable taxes, fees, and delivery charges. Once placed, your order cannot be canceled or modified.

Payment processing services may be handled by third-party providers, and you agree to their terms and conditions when submitting payment.

Prices and availability are subject to change without notice.

11. Delivery and Shipping

Where delivery is available, it may be provided by third-party delivery services. Parlor Doughnuts is not responsible for any acts, omissions, or errors by these third-party providers, including but not limited to delayed or missing deliveries.

For shipping orders, we strive to meet delivery estimates but do not guarantee any specific delivery date. Once the order has been shipped, delivery becomes the responsibility of the shipping courier.

12. Promotional Offers, Coupons, and Discounts

All promotional offers, discounts, and coupon codes ("Discounts") are subject to availability and may only be applied during the promotional period specified. Discounts must be entered and applied by the customer at the time of purchase, and cannot be applied retroactively. Unless explicitly stated, discounts may not be combined with other offers and cannot be applied to taxes, shipping fees, or excluded items such as gift cards or special merchandise. Discounts are non-transferable, not redeemable for cash, and may be canceled or modified by Parlor Doughnuts at any time without notice. In the event of returns, only the discounted amount paid will be refunded. Abuse or fraudulent use of discounts may result in cancellation and potential account suspension.

13. Trademarks and Intellectual Property

All content available on the Services, including but not limited to text, images, logos, graphics, video, and audio, is the exclusive property of Parlor Doughnuts or its licensors and is protected by intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Services for personal, non-commercial purposes. You may not use, copy, reproduce, modify, distribute, or display any of our intellectual property without our prior written permission.

14. User-Generated Content

You may be permitted to submit or post content on the Services, such as reviews, comments, or images (“User Content”). By submitting User Content, you grant Parlor Doughnuts a non-exclusive, perpetual, worldwide, royalty-free license to use, reproduce, modify, publish, and distribute such content in any medium or format.

You represent and warrant that your User Content does not infringe any third-party rights, including intellectual property rights, and that it complies with all applicable laws. Parlor Doughnuts reserves the right to remove any User Content at its sole discretion.

15. Products and Services

Certain products may have limited quantities and are subject to our return policies. We make every effort to ensure that all information provided through our Services, including product descriptions and pricing, is accurate. However, errors may occur, and we will work to correct them as soon as reasonably possible.

Please note that the colors of products displayed on our Services may vary due to your device’s display settings. Additionally, the actual size and shape of products may differ from how they appear on your screen.

We reserve the right, but are not obligated, to limit sales of our products to any person, geographic region, or jurisdiction, which we may do on a case-by-case basis. We also reserve the right to limit the quantities of any products or services we offer.

All descriptions of products and pricing are subject to change at any time without notice, at our sole discretion. We further reserve the right to discontinue any product at any time. Any offer for any product or service made through our Services is void where prohibited.

Images of products on our Services are for illustrative purposes only. For accurate product details and descriptions, please refer to the written product description. We will make reasonable efforts to arrange the delivery of products in a timely manner, according to the ship date provided in your shipping confirmation.

We reserve the right to adjust prices, products, and offers at our discretion.

16. Reliance on Information / Disclaimer of Accuracy

Occasionally, the information provided through our Services may contain typographical errors, inaccuracies, or omissions related to product descriptions, pricing, promotions, offers, shipping charges, transit times, and availability. We reserve the right to correct any such errors, inaccuracies, or omissions and to update or change information, or cancel orders, at any time without prior notice, including after an order has been submitted.

We are under no obligation to update, amend, or clarify information on the Services, including pricing details, except as required by law. No specific update or refresh date applied to the Services should be taken to imply that all information has been modified or updated.

17. Privacy

Your use of the Services is governed by our Privacy Policy, which describes how we collect, use, and share your personal information. By using the Services, you consent to our collection and use of your personal information as outlined in the Privacy Policy.

18. Disclaimers

THE SERVICES AND ALL CONTENT, PRODUCTS, AND MATERIALS PROVIDED ON OR THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. PARLOR DOUGHNUTS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

PARLOR DOUGHNUTS DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

19. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, PARLOR DOUGHNUTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, OR USE, ARISING OUT OF YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF PARLOR DOUGHNUTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL PARLOR DOUGHNUTS’ TOTAL LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM YOUR USE OF THE SERVICES EXCEED THE AMOUNT YOU HAVE PAID TO PARLOR DOUGHNUTS, IF ANY, FOR THE PRODUCTS OR SERVICES THAT GAVE RISE TO THE CLAIM.

20. Indemnification

You agree to indemnify, defend, and hold harmless Parlor Doughnuts and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorney fees, arising from or related to your use of the Services or violation of these Terms.

21. Force Majeure

Parlor Doughnuts shall not be held responsible or liable for any delay or failure in performance of its obligations under these Terms if such delay or failure results from events beyond its reasonable control, including, but not limited to, acts of God, natural disasters, war, terrorism, strikes, labor disputes, fires, floods, pandemics, governmental restrictions, shortages of materials or supplies, power outages, equipment failures, cyberattacks, or any other circumstances that are unforeseeable and outside our control (“Force Majeure Event”).

In the event of a Force Majeure Event, Parlor Doughnuts’ obligations under these Terms will be suspended for the duration of the event. We will make reasonable efforts to resume normal operations as soon as it is safe and practical to do so.

22. Dispute Resolution and Arbitration

Any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved through binding arbitration in accordance with the rules of the American Arbitration Association. You agree to waive any right to bring class or representative actions. Each party will bear its own arbitration costs, unless otherwise determined by the arbitrator.

You may opt out of arbitration by providing written notice to Parlor Doughnuts within 30 days of first accepting these Terms.

23. California Consumer Notice

If you are a California resident, under California Civil Code Section 1789.3, you are entitled to the following consumer rights notice: If you have any questions or complaints regarding the Services, please contact us at privacy@parlordoughnuts.com.

California residents may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at:

Consumer Information Division
1625 North Market Blvd., Suite N-112
Sacramento, California 95834

Or by telephone at:
(916) 445-1254 or (800) 952-5210
Hearing Impaired: TDD (800) 326-2297 or TDD (916) 322-1700

24. Governing Law

These Terms and your use of the Services shall be governed by and construed in accordance with the laws of the State of Indiana, without regard to its conflict of law principles.

25. Termination

Parlor Doughnuts reserves the right to terminate or suspend your access to the Services at any time, with or without cause or notice. The provisions of these Terms that by their nature should survive termination (e.g., disclaimers, limitations of liability, and indemnity) will continue in effect after termination.

26. Severability

If any provision of these Terms is held to be invalid or unenforceable, such provision shall be deemed modified to the extent necessary to render it valid and enforceable, and the remainder of these Terms shall remain in full force and effect.

27. Entire Agreement

These Terms and Conditions, along with our Privacy Policy and any other legal notices or agreements explicitly referenced herein, constitute the entire agreement between you and Parlor Doughnuts Franchising, LLC regarding the use of our Services. This agreement supersedes any prior or contemporaneous communications, agreements, or understandings, whether written, oral, or implied, regarding the subject matter of these Terms.

Any modifications to these Terms must be made in writing and signed by an authorized representative of Parlor Doughnuts Franchising, LLC. If any provision of these Terms is found to be invalid or unenforceable by a court of competent jurisdiction, that provision shall be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect.

28. Contact Information

If you have any questions or concerns about these Terms, you may contact us at:

Parlor Doughnuts Franchising, LLC
204 Main Street, Evansville, IN 47708
privacy@parlordoughnuts.com