Parlor Doughnuts TERMS AND CONDITIONS

LAST UPDATED September 26, 2024

These Terms and Conditions (“Terms”) constitute a binding agreement between you (“you” or “user”) and Parlor Doughnuts, LLC, along with its subsidiaries, affiliates, and related entities (“Parlor Doughnuts,” “we,” “us,” or “our”). These Terms govern your use of our website, mobile application, and related services (collectively, the “Services”). By accessing or using the Services, you agree to be bound by these Terms. If you do not agree with any of these Terms, do not use the Services.
 

1. Acceptance of Terms

By accessing, browsing, or using any part of our Services, you agree to comply with and be bound by these Terms. If you are acting on behalf of a business or entity, you represent and warrant that you are authorized to accept these Terms on behalf of that entity.

 

2. Changes to Terms

We reserve the right to update or modify these Terms at any time without prior notice. Any changes will be effective upon posting on the Services. It is your responsibility to regularly review these Terms for updates. Your continued use of the Services after any changes signifies your acceptance of the updated Terms.

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3. Supplemental Terms

Additional terms and conditions or documents that may be posted on our Services, including those related to promotions or other offerings (“Supplemental Terms”), are hereby expressly incorporated by reference. In case of a conflict between these Terms and any Supplemental Terms, the Supplemental Terms will prevail.

 

4. Eligibility

The Services are available only to individuals who are at least 18 years old or the age of majority in their jurisdiction. By using the Services, you represent and warrant that you meet this eligibility requirement. If you do not meet the requirement, you must not access or use the Services.

 

5. Account Creation and Confidentiality

You may be required to create an account to access certain features of the Services. When you create an account, you agree to provide accurate and complete information. You are responsible for maintaining the confidentiality of your account login details and for any activities that occur under your account. If you suspect unauthorized use of your account, you must notify us immediately. We reserve the right to suspend or terminate your account at any time if we believe you have violated these Terms.

 

6. Use of the Services

You may use the Services for personal, non-commercial purposes only. You agree not to:

• Modify, reproduce, or distribute any materials from the Services without our express permission.

• Use any automated system, including robots, spiders, or data-mining techniques, to access the Services.

• Engage in any activity that disrupts or interferes with the functioning of the Services.

• Attempt to gain unauthorized access to the Services, or any accounts, computer systems, or networks connected to the Services.

 

7. Online Ordering and Payment

You may place orders for products through our Services. Payment for orders must be made using an accepted payment method at the time of the order. Prices and availability of products may vary by location and are subject to change without notice. You are responsible for reviewing your order before submission. Any taxes, delivery fees, or other charges will be displayed at checkout.

 

8. Product Availability and Accuracy

The display of a product on the Services does not guarantee that the product is available at all locations. We strive to ensure the accuracy of the product descriptions, prices, and images on the Services, but we cannot guarantee that all information is current or error-free. If an error in pricing or product information occurs, we reserve the right to correct it and cancel or refuse orders as necessary.

 

9. Independent Franchise Ownership

Most Parlor Doughnuts locations are owned and operated by independent franchisees. Each franchisee is solely responsible for its legal and regulatory compliance, employment matters, and the products and services provided at their location. We are not liable for any actions, errors, or omissions of our franchisees.

 

10. Intellectual Property Rights

All content, materials, and functionality on the Services, including text, graphics, logos, images, and software, are owned by Parlor Doughnuts or our licensors and are protected by copyright, trademark, and other intellectual property laws. You are granted a limited, non-exclusive, revocable license to use the Services for personal use only. You may not modify, distribute, reproduce, or exploit any content from the Services for commercial purposes without our prior written consent.

 

11. User Content

You may be permitted to submit content such as reviews, comments, or images ("User Content") through the Services. By submitting User Content, you grant Parlor Doughnuts a non-exclusive, royalty-free, worldwide license to use, reproduce, display, and distribute your User Content in connection with the Services. You represent that you own or have the necessary rights to submit such content and that your content does not violate any third-party rights, including intellectual property rights.

 

12. Third-Party Services

The Services may include links to third-party websites or services. These links are provided for convenience only, and we do not endorse or assume any responsibility for the content or practices of third-party sites. Your interactions with third-party sites are governed by their respective terms and privacy policies.

 

13. Messaging and Communication

If you choose to receive SMS or email notifications from us, you agree to the applicable messaging terms. Standard messaging rates may apply. You may opt out of receiving messages at any time by following the unsubscribe instructions provided.

 

14. Termination of Use

We reserve the right to suspend or terminate your access to the Services at any time, with or without cause, and without prior notice. Upon termination, your right to use the Services will immediately cease, and you must destroy any materials obtained from the Services.

 

15. Disclaimer of Warranties

The Services are provided "as is" and "as available" without any warranties of any kind, whether express or implied. We do not warrant that the Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. You use the Services at your own risk.

 

16. Limitation of Liability

To the fullest extent permitted by law, Parlor Doughnuts and its affiliates, officers, employees, or agents will not be liable for any indirect, incidental, consequential, or punitive damages, including loss of profits, arising from your use of the Services. In no event shall our total liability to you exceed the amount paid by you for any products purchased through the Services.

 

17. Indemnification

You agree to indemnify and hold Parlor Doughnuts, its affiliates, and its officers, employees, and agents harmless from any claims, damages, liabilities, costs, and expenses (including attorney’s fees) arising from your use of the Services, your violation of these Terms, or your infringement of any third-party rights.

 

18. Dispute Resolution and Class Action Waiver

Any disputes 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 your right to participate in a class action or representative action lawsuit. The arbitration will take place in the state where you reside, or as otherwise agreed. This arbitration agreement will survive the termination of these Terms.

 

19. Governing Law

These Terms are governed by the laws of the state in which Parlor Doughnuts is headquartered, without regard to conflict of law principles. Any legal action arising out of or relating to these Terms shall be filed in the state or federal courts located in that jurisdiction.

 

20. Severability

If any provision of these Terms is deemed invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

 

21. Additional Policies

For more information about our additional policies, please see our Privacy Policy.