Last Updated: May 20, 2015
Welcome to www.scoopsnscoops.com, a Web site (“Site”) of Scoops (N) Scoops LLC (“Scoops N Scoops”, “we” or “us”).
1. ACCEPTANCE & CHANGES
IF YOU DO NOT AGREE WITH ANY OF THESE TERMS, YOU MUST STOP USING THE SITE IMMEDIATELY.
2. WHO WE ARE AND WHAT WE DO
We are ice cream lovers. We strive to bring our unique ideas and creations to you and your community. In doing so, we serve Made-To-Order, Custom, Liquid Nitrogen Ice Cream, and Frozen Yogurt. You can visit us in-store, subscribe to our Newsletter, have us cater your event, become a franchisee, or come work for us.
Subscribe to our Newsletter by joining the Scoops Club! To join, submit your email address, first and last name, and birthdate via our “Join the Scoops Club” homepage signup. You may unsubscribe from our Newsletter at any time, however, please allow up to five business days before being fully unsubscribed. Please note that we reserve the right to suspend and/or terminate your receipt of Newsletters at any time for any reason and without notice to you.
Connect with us on social media! Connecting with us allows you to stay informed about our activities and offerings. Please note that we reserve the right to remove any fan or follower, or any content posted on our social media pages, at any time for any reason and without notice to you.
We offer catering services for parties of up to 200 people. We providing catering for events located within a reasonable distance of our location(s), subject to our approval. Please note that we require at least 14 days advance notice to cater an event. Visit our “Menu” “Catering” tab for more information.
We are always seeking like-minded people to spread our concept and brand. Visit our “About Us” “Franchise” tab for more information.
We are always seeking part-time employees and managers. Visit our “About Us” “Careers” tab for more information.
We strive to provide you with the most accurate descriptions of our creations and their ingredients. However, creations and ingredients may not be exactly as described, and you should not depend on the inclusion of, or absence of, any ingredient in making a product selection.
Our creations and their ingredients may not be exactly as described. There are inherent risks in consuming food products of whose origins you are not entirely aware. Creations and ingredients may inadvertently mix with one another, and traces of ingredients may linger on machinery or in our stores.
10. NO USERS UNDER 13
If you are under 13, you may not access or use the Site. BY ACCESSING OR USING THE SITE, YOU REPRESENT THAT YOU ARE AT LEAST 13 YEARS OLD. In compliance with COPPA, we do not knowingly collect personally identifiable information from users under 13.
This Agreement may be terminated by us in the event that you breach any of your duties, obligations or responsibilities under the Agreement. Upon or following termination, we shall have no liability to you or any further obligations under this Agreement.
12. USER-GENERATED CONTENT
By placing any content or submitting any material to the Site, such as photos from our stores or any other material or information (“Content”), you are granting us a non-exclusive, irrevocable, fully-paid, royalty-free, transferable, sub-licensable and worldwide license to use that Content for commercial purposes.
13. OUR CONTENT AND TECHNOLOGY
“Our Content” means any intellectual property, data, or communications transmitted by us, our users or third-parties via our platforms (“Platforms”) including, but not limited to files, images, listings, logos, messages, postings, ratings, recommendations, reviews, text, trademarks or editorial content. It also includes all content generated by us.
“Our Technology” means any past, present and future intellectual property or related rights in the Platforms, including, but not limited to, software, code processes, algorithms, user interfaces, know-how, techniques, organization, designs, text, images, photographs, illustrations, artwork, graphic material, advertising copy, databases, proprietary information, all copyrightable or otherwise legally protectable elements of the Platforms and all other tangible or intangible materials related to, displayed, performed, or distributed on the Platforms and the Platforms themselves, including, but not limited to the selection, sequence, “look and feel” and arrangement of items on the Platforms, and all of our marks, domain names, patents and other intellectual property.
Unless otherwise noted, all of Our Content is owned, controlled or licensed by us. Our Content is protected by copyright, trademark, service mark, and/or other intellectual property rights. You understand and agree that you shall acquire no rights in Our Content or Our Technology unless otherwise stated in writing.
a. License to Access and/or Use. We grant you a limited, personal, non-exclusive, non-transferable, freely revocable license to access and/or use Our Content and Our Technology to use the Site. You agree and understand that with the exception of this limited license, you have no rights in or to Our Content or Our Technology unless otherwise stated in writing. This limited license terminates automatically and without notice to you if you breach this Agreement.
b. Reservation of Rights. We reserve all rights not expressly granted in this Agreement unless otherwise stated in writing.
c. Prevention of Unauthorized Use. We reserve the right to employ whatever lawful means we consider necessary to prevent unauthorized use of the Site, Our Content and/or Our Technology, including, but not limited to, technological barriers, IP mapping and contacting your Internet Service Provider (ISP).
14. COPYRIGHT AND TRADEMARK INFRINGEMENT POLICY
Notification: If you believe in good faith that material hosted by the Site infringes your copyright or trademark, you or your agent may send us a written notice that includes the following information:
a. A clear identification of the copyrighted or trademarked work you claim was infringed;
b. A clear identification of the material you claim is infringing the copyrighted or trademarked work, and information that will allow us to locate that material on the Site, such as a link to the infringing material;
c. Your contact information so that we can reply to your complaint, preferably including an email address and telephone number;
d. A statement that you have a “good faith belief that the material that is claimed as copyright/trademark infringement is not authorized by the copyright/trademark owner, its agent, or the law”;
e. A statement that “the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”; and
f. The notice must be signed by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Notices should be sent to the Notice address under the MISCELLANEOUS section below, Attn: Copyright and Trademark Agent. We will review and address all notices that comply with the requirements above. If we remove or disable access in response to such a notice, we may notify the owner or administrator of the affected site or content so that he or she can make a counter notification.
Counter-notification: If you believe in good faith your material that was removed or disabled was not infringing, or that you had authorization from the copyright/trademark owner or the copyright/trademark owner’s agent, or pursuant to the law, to post and use the materials, you or your agent may send us a written notice that includes the following information:
a. Your physical or electronic signature;
b. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
c. A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
d. Your name, address and telephone number, and a statement that you consent to the jurisdiction of the federal court in Santa Ana, California and that you will accept service of process from the person who provided notification of the alleged infringement or an agent of such person.
If counter-notice is received by us, we may send a copy to the complaining party stating that we may replace the material or cease disabling access in 10 business days unless an action is filed seeking a court order.
Notwithstanding the foregoing, we reserve the right to remove material deemed to be infringing, at our sole discretion, without prior notice and without liability to you. In appropriate circumstances, we will also terminate a user’s account if we determine, at our sole discretion, that he or she is a repeat infringer.
15. PROHIBITIONS ON USE
You may not do or encourage any of the following actions on the Site:
a. Sell, resell, lease, sublicense, market, distribute, assign or otherwise transfer rights to or commercially exploit any portion of the Site;
b. Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
c. “Scrape” the Site, or use any bot, spider, data miner or automated agent to access and/or use the Site or gain access to or use any of Our Content;
d. Reformat, copy, reproduce, modify, translate or create derivative works of or display any portion of the Site, or mirror and/or frame any pages of the Site on any other Web site;
e. Attempt to decipher, decompile, disassemble, or reverse engineer any of Our Technology;
f. Remove or interfere with any of Our Content, Our Technology or any other proprietary right of the Site; or
g. Use the Site: (i) for any unlawful purpose, (ii) to defraud or mislead us or any third-party, or (iii) to create damage or risk to us or any third-party business, network or facility.
16. PERSONAL USE ONLY
The Site is available only for users’ personal non-business use. Any other use is prohibited, unless otherwise stated in writing to you by us.
17. THIRD-PARTY LINKS
The Site may provide links to other sites (each a “linked site”) and allow you to leave the Site to access third-party material or bring third-party material to the site via “inverse” hyperlinks and framing technology. We have no discretion to alter, update, or control the content of a linked site. The fact that we have provided a link to a linked site is not an endorsement, authorization, sponsorship, or affiliation with respect to such linked site, its owners, or its providers. There are inherent risks in relying upon using, or retrieving any information found on the Internet, and we urge you to make sure you understand these risks before relying upon, using, or retrieving any such information on a linked site.
18. NON-RELIANCE ON SITE
We may discontinue or change any of Our Content or any service, function, or feature of the Site at any time with or without notice.
19. DISCLAIMER OF WARRANTIES
a. YOU UNDERSTAND AND AGREE THAT WE DO NOT GUARANTEE THE ACCURACY, SUITABILITY OR COMPLETENESS OF ANY INFORMATION IN OR PROVIDED IN CONNECTION WITH THE SITE. WE ARE NOT RESPONSIBLE FOR ANY ERRORS OR OMISSIONS OR FOR THE RESULTS OBTAINED FROM THE USE OF SUCH INFORMATION.
b. WE EXPRESSLY DISCLAIM ANY AND ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND OR NATURE, EXPRESS OR IMPLIED, INCLUDING REPRESENTATIONS AND WARRANTIES OF QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USE OF TRADE.
c. ANY ADVERTISERS APPEARING ON OR THROUGH THE SITE ARE NOT OUR AGENTS OR EMPLOYEES AND WE ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY ENTITY OR SERVICE APPEARING ON OR AVAILABLE THROUGH THE SITE, INCLUDING BUT NOT LIMITED TO INJURIES, DEATH, PROPERTY DAMAGE OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM.
d. WE DO NOT REPRESENT OR WARRANT THAT: (i) THE SITE WILL MEET USERS’ REQUIREMENTS OR EXPECTATIONS, (ii) THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED OR THAT INFORMATION OBTAINED WILL BE ACCURATE OR RELIABLE, OR (iii) THAT ALL DEFICIENCIES IN THE SERVICE CAN BE FOUND OR CORRECTED. FURTHER, THE SITE MAY BE INTERRUPTED OR UNAVAILABLE FOR THE PURPOSES OF PERFORMING MAINTENANCE OR UPGRADES. WE WILL NOT BE RESPONSIBLE FOR: (1) SERVICE IMPAIRMENTS CAUSED BY ACTS WITHIN THE CONTROL OF USER OR ANY USER, (2) INTEROPERABILITY OF SPECIFIC USER APPLICATIONS OR EQUIPMENT, (3) INABILITY OF USERS TO ACCESS OR INTERACT WITH ANY OTHER SERVICE PROVIDER THROUGH THE INTERNET, OTHER NETWORKS OR USERS THAT COMPRISE THE INTERNET OR THE INFORMATIONAL OR COMPUTING RESOURCES AVAILABLE THROUGH THE INTERNET, (4) INTERACTION WITH OTHER SERVICE PROVIDERS, NETWORKS, USERS OR INFORMATIONAL OR COMPUTING RESOURCES THROUGH THE INTERNET, (5) SERVICE PROVIDED BY OTHER SERVICE PROVIDERS, OR (6) PERFORMANCE IMPAIRMENTS CAUSED ELSEWHERE ON THE INTERNET.
e. WE DO NOT WARRANT THAT THE SERVICE OR ITS OPERATION WILL BE ACCURATE, RELIABLE, UNINTERRUPTED, ERROR-FREE OR FREE OF VIRUSES OR OTHER HARMFUL AGENTS.
20. LIMITATION OF LIABILITY
a. IN NO EVENT, INCLUDING NEGLIGENCE, WILL WE OR ANYONE ELSE INVOLVED IN ADMINISTERING THE SITE BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE, LOSS OF DATA, DAMAGES FOR DELAY, PUNITIVE OR EXEMPLARY DAMAGES, OR ANY CLAIM AGAINST USER BY ANY OTHER PERSON RESULTING FROM MISTAKES, OMISSIONS, SERVICE INTERRUPTIONS, SERVER DOWNTIME, ERRORS, DEFECTS, VIRUSES, DELAYS IN OPERATION OR TRANSMISSION, OR FAILURE OF PERFORMANCE OF THE SERVICE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES.
b. WE SHALL NOT BE LIABLE FOR UNAUTHORIZED ACCESS TO OR ALTERATION, THEFT, LOSS OR DESTRUCTION OF ANY DATA, EQUIPMENT OR SERVICES, INCLUDING THROUGH ACCIDENT, FRAUDULENT MEANS OR DEVICES, OR ANY OTHER METHOD.
c. WE SHALL BE LIABLE TO USERS ONLY AS EXPRESSLY PROVIDED IN THIS AGREEMENT AND SHALL HAVE NO OTHER OBLIGATION, DUTY, OR LIABILITY WHATSOEVER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE TO USER. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION BY USER, INCLUDING BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT OR OF ANY REMEDY CONTAINED HEREIN. SOME STATES AND JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OR THE EXCLUSION OF AN IMPLIED WARRANTY, OR MAY PROVIDE ADDITIONAL RIGHTS THAT MAY NOT BE WAIVED PURSUANT TO THIS DOCUMENT.
d. YOU HEREBY ACKNOWLEDGE THAT WE ARE NOT RESPONSIBLE FOR ANY INTERCEPTED INFORMATION SENT VIA THE INTERNET, AND YOU HEREBY RELEASE US FROM ANY AND ALL CLAIMS ARISING OUT OF OR RELATED TO THE USE OF INTERCEPTED INFORMATION IN ANY UNAUTHORIZED MANNER.
e. USERS WHO RESIDE IN CALIFORNIA AGREE TO WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.”
f. TO THE FULLEST EXTENT POSSIBLE BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SITE OR YOUR USE OF OUR CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED ONE-HUNDRED DOLLARS ($100.00).
You agree to indemnify and hold us, our affiliates, employees, officers, directors and members (each an “Indemnitee”) harmless from and against any claims, suits, actions or proceedings (“Claims”) brought and damages, costs (including attorneys’ fees) and/or judgments awarded against us that arise from or in connection with: (i) Claims by any person or entity to the extent that such Claims are based upon or arise out of user’s use of the Site or user’s actions, (ii) breach by user of this Agreement, or (iii) user’s failure to comply with all applicable laws. We shall give user written notice of such Claims, permit user to defend (with counsel reasonably acceptable to us) and/or settle such Claims (upon terms reasonably acceptable to us), and, subject to our sole discretion, give user information and assistance reasonably requested by user in connection with such Claims.
22. AS IS, WITH ALL FAULTS
The Site is provided on an “AS IS” and “WITH ALL FAULTS” basis.
The provisions of this Agreement that by their nature are intended to survive the expiration or earlier termination, including those provisions relating to ownership, indemnification/defense, warranty disclaimer, and limits of liability shall survive the expiration or earlier termination of this Agreement.
a. Notice. We may give notice by means of a general notice through the Site. You may give notice to us at any time by letter delivered by nationally recognized overnight delivery service to the following address: Scoops N Scoops Creamery, 14411 Culver Drive, Irvine, California 92606.
b. Force Majeure. If the performance of this Agreement, or any obligation hereunder is prevented, restricted, or interfered with by reason of fire, flood, earthquake, explosion or other casualty or accident or act of God, strikes or labor disputes, inability to procure or obtain delivery of items, supplies, telecommunication services, equipment or software, war or other violence, any law, order, proclamation, regulation, ordinance, demand or requirement of any governmental authority, or any other act or condition whatsoever beyond our reasonable control, we shall be excused from such performance to the extent of such prevention.
c. Severability. To the extent that any provision or portion of this Agreement is deemed to be invalid, illegal or unenforceable, such provision or portion shall be severed and deleted or limited so as to give effect to the intent of the parties insofar as possible and the remainder of this Agreement, as the case may be, shall remain binding upon the parties.
d. Assignment. User may not, without our prior written consent (which may be given or withheld in our sole discretion), assign or transfer this Agreement or any of its rights or obligations under this Agreement to any third-person. We may assign this Agreement to any person or entity without your consent. We may delegate to our affiliates, agents, suppliers and contractors any of the obligations herein imposed upon us and we may disclose to any such persons any information required by them to perform the duties so delegated to them.
e. Waiver. A failure or delay by us to enforce any right under this Agreement shall not at any time constitute a waiver of such right or any other right, and shall not modify the rights or obligations of either party under this Agreement.
f. Governing Law; Forum; Venue. This Agreement shall be governed by and construed in accordance with the laws of the State of California without reference to conflict or choice of law rules or principles. The parties irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the State of California located in Orange County or in the United States District Court for the Central District of California for the purposes of any suit, action or other proceeding arising out of this Agreement or the subject matter hereof brought by any party hereto; and hereby waive and agree not to assert as a defense or otherwise, in any such suit, action or proceeding, any claim that it is not subject personally to the jurisdiction of the above-named courts, that the suit, action or proceeding is brought in an inconvenient forum, or that the venue of the suit, action or proceeding is improper.
g. Waiver of Jury Trial and Class Suit. You also acknowledge and understand that, to the extent permitted by law, and with respect to any dispute with us, our affiliates, employees, officers, directors and members relating to or arising from your use of the Site or this Agreement that YOU ARE GIVING UP YOUR RIGHT TO HAVE A TRIAL BY JURY AND YOU ARE GIVING UP YOUR RIGHT TO SERVE AS A REPRESENTATIVE, AS A PRIVATE ATTORNEY GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY, OR TO PARTICIPATE AS A MEMBER OF A CLASS OF CLAIMANTS, IN ANY LAWSUIT INVOLVING SUCH DISPUTE.
h. Miscellaneous. All covenants, agreements, representations and warranties made in this Agreement shall survive your acceptance of this Agreement and the termination of this Agreement.
i. Construction. The titles of the sections of this Agreement are for convenience of reference only and are not to be considered in construing any meanings contained in this Agreement. Unless the context of this Agreement clearly requires otherwise: (i) references to the plural include the singular, the singular the plural, and the part the whole, (ii) references to one gender include all genders, (iii) “or” has the inclusive meaning frequently identified with the phrase “and/or,” (iv) “including” has the inclusive meaning frequently identified with the phrase “including but not limited to” or “including without limitation,” and (v) references to “hereunder,” “herein” or “hereof” relate to this Agreement as a whole. Any reference in this Agreement to any statute, rule, regulation or agreement, including this Agreement, shall be deemed to include such statute, rule, regulation or agreement as it may be modified, varied, amended or supplemented from time to time. The parties agree that this Agreement shall be fairly interpreted in accordance with its terms without any strict construction in favor of or against either party, and that ambiguities shall not be interpreted against the drafting party.
j. Attorneys’ Fees. If any legal action between you and us is necessary in order to enforce any of the terms of this Agreement, the prevailing party in any such action shall be entitled to recover its reasonable attorneys’ fees and costs from the non-prevailing party.
k. Relationship. This Agreement creates no agency, partnership, joint venture, or employee-employer relationship between you and us, unless otherwise stated in writing by us.
l. Entire Agreement. This Agreement sets forth the entire agreement of the parties, and supersedes any prior agreement and any prior discussion between the parties, relating to the subject matter contained herein. Neither party shall be bound by any definition, condition, provision, representation, warranty, covenant or promise other than as expressly stated in this Agreement or as contemporaneously or subsequently set forth in writing and signed by a duly authorized officer or representative of the party to be bound thereby.
25. CONTACT US
Any comments or requests for further information may be directed to:
Scoops N Scoops Creamery
14411 Culver Drive
Irvine, California 92606