Terms of Service
Duffy’s Dough, Ltd.
Last Updated: September 11, 2022
Welcome to duffysdough.com which is owned any operated by Duffy’s Dough, Ltd. (“Duffy’s”, “we,” “us,” or “our”). These terms and conditions of use (“Terms”) apply to your use of the duffydough.com website (“Website”) and any products, content and or services made available through the Website (collectively, the “Products”). These terms do not alter in any way the terms or conditions of any other agreement you may have with us for products, services or otherwise.
BY CLICKING TO INDICATE YOUR ACCEPTANCE OF THESE TERMS OR OTHERWISE USING THE PRODUCTS OR SERVICES, YOU AGREE TO THESE TERMS AND ALL TERMS INCORPORATED BY REFERENCE. IF ANYTHING IN THESE TERMS DOES NOT MAKE SENSE TO YOU, PLEASE LET US KNOW. IF YOU DO NOT AGREE TO THESE TERMS, IN PARTICULAR, THE TERMS RELATED TO ARBITRATION, DO NOT ACCESS OR USE THE PRODUCTS OR OUR SERVICES.
TERMS OF SALE
All prices are shown in US dollars and taxes, shipping and handling charges are additional. All items are subject to availability, and we reserve the right to impose quantity limits on any order, to reject all or any part of an order and to discontinue Products without notice, even if you have already placed your order. You will be responsible for any applicable sales or use taxes, duties or other governmental taxes or fees payable in connection with your purchase.
Only valid credit cards and other payment methods acceptable to us may be used to purchase products through the Website, and all refunds will be credited to the same credit card. By submitting an order through the Website, you represent and warrant that you are authorized to use the designated credit card or other payment method and authorize us, or our third-party payment processor, to charge that card or other payment method for the purchase amount of your order (including taxes, shipping, handling and any other amounts described on the Website). When you provide your payment information, you authorize us, or our third-party payment processor, to process and store your payment and other related information. In the event that the credit card or other payment method you designate cannot be verified, it invalid or is not otherwise acceptable, we may suspend or cancel your order automatically. You are responsible for resolving any problem we encounter in order to proceed with your order.
This website is a protected by United States copyright laws and is subject to copyright restrictions within the United States and foreign jurisdictions. Transmission or reproduction of protected items beyond that allowed by fair use as defined by the copyright laws, requires the written permission of the copyright owners, here Duffy’s Dough, Ltd. Please contact us directly at email@example.com to request permission prior to use of any copyrighted materials.
The trademarks on this website are protected by United States trademark law and may not be used without prior permission. Please contact us directly at firstname.lastname@example.org to request permission prior to the use of any trademarked images.
Duffy’s Dough currently does not link with other external websites nor does it engage in reciprocal linking arrangements.
You may update, correct or delete information about you at any time by logging into your online account or emailing us at email@example.com. If you wish to deactivate/close your account, please email us at firstname.lastname@example.org, but note that we may retain certain information as required by law or for legitimate business purposes including cached or archived copies of information about you for a certain period of time.
ACCURACY AND ACCOUNT SECURITY
To access and use certain features of the Website, and in consideration of your use of the Website features, you agree: (i) to provide accurate, current and complete information about yourself during your account registration; (ii) to maintain and promptly update your account data as necessary to keep it accurate, current and complete; (iii) if you register for an online account, to maintain the security of your password and accept all risks of unauthorized access to your account and the information you provide to us; and (iv) promptly notify us if you discover or otherwise suspect any security breach related to your Duffy’s Dough account.
You are responsible for the security of your Duffy’s account and any activities performed under your account, whether or not such actions were authorized by you. You understand that any person with your username and password will be able to access and use your account and may be able to access your personal information associated with your account. As a result, you will not share your account passwords with any other person or provide access to your accounts to any other person. Duffy’s Dough is not responsible for any unauthorized access to your accounts or other loss or dissemination of your signup data.
If you suspect any security breaches related to your user account, please notify us by contacting us at email@example.com.
RIGHT TO USE THE WEBSITE
On the condition that you fully comply with these Terms, Duffy’s Dough grants you a limited, nonexclusive, nontransferable and revocable license to access and use the Website. Except as expressly authorized by these Terms, you may not: (i) modify, disclose, alter, translate or create derivative works for either Products or services or any associated content including photographs; (ii) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Products; (iii) copy, frame or mirror any part of the Products and or photographs; (iv) interfere with or disrupt the integrity or performance of our Products; or (v) attempt to gain unauthorized access to our Products or related components, systems or networks.
DUFFY’S DOUGH’S RIGHTS
As between you and Duffy’s Dough, all information, materials and content of the Products, Website, including text, graphics, data, formatting, graphs, designs, HTML, look and feel, photographs, music, sounds, logos and trademarks, images, software, videos, typefaces, source and object code, format, queries, algorithms and other content is owned by Duffy’s Dough or is used with permission. Duffy’s Dough reserves all rights not expressly set forth in these Terms.
USER CONTENT AND FEEDBACK
Any suggestions, comments or other feedback you give us about the Products will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
You agree to defend, indemnify and hold harmless Duffy’s, its affiliates, and their respective directors, officers, employees, agents and representatives (collectively, the “Duffy Associates”), from and against any claim, damages, losses, liabilities, costs and expenses (including reasonable attorneys’ fees) arising out of your use of the Product(s), including without limitation any actual or threatened suit, demand or claim arising from your violation of these Terms or your violation of any rights of any third-parties.
THE PRODUCTS AND ANY CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE (INCLUDING THIRD-PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE PRODUCTS AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE WEBSITE AND OR PRODUCTS (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW (A) IN NO EVENT WILL DUFFY’S DOUGH BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE PRODUCTS OR ANY OTHER SERVICE OR CONTENT INCLUDED ON OR OTHERWISE MADE AVIALABLE TO YOU THROUGH THIS WEBSITE (INCLUDING THIRD-PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILIYT, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBLITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF DUFFY’S DOUGH, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF DUFFY’S DOUGH ALLEGED NEGLIGENCE), PRODUT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE PRODUCTS MAY NOT EXCEED ANY COMPENSATION YOU PAY, IF ANY, TO DUFFY’S DOUGH FOR USE OF THE PRODUCT(S) AND OR ANY ASSOCIATED WEBSITE CONTENT.
TRANSFER AND PROCESSING OF DATA
By accessing or using our Products, you consent to the processing, transfer and storage of information about you in and to the United States and other countries, where you may not have the same rights and protections as you do under United States law.
CHANGES TO PRODUCTS
Duffy’s Dough reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Products and or any Product features or services, information, materials or Product content with or without providing notice to you. Duffy’s Dough will not be liable to you or any third-party for any changes or discontinuance of the Products and or any part of the services.
DISPUTE RESOLUTION; BINDING ARBITRATION
Please read the following section carefully as it requires you to arbitrate certain disputes and claims with Duffy’s Dough and limits the way you can seek relief from us.
Except for small claim disputes in which you or Duffy’s Dough bring an individual action in small claims court located in the county of your billing address or disputes in which you or Duffy’s Dough seek injunctive relief or other equitable relief for the alleged unlawful use of intellectual property, you and Duffy’s Dough agree to waive both your rights to a jury trial and to have any dispute arising out of or related to these Terms or our Products resolved in a court. Instead, all disputes arising out of or relating to these Terms and or our Products and services, will be resolved through confidential binding arbitration held in El Paso County, Colorado in accordance with the Streamlined Arbitration Rules and Procedures of the Judicial Arbitration and Mediation Services (“JAMS”), which are available on the JAMS website and hereby incorporated by reference. You either acknowledge and agree that you have read and understand the rules of JAMS, or you waived your opportunity to read the rules of JAMS and any associated claims that the rules of JAMS are unfair or should not apply for any reason. You and Duffy’s Dough agree that any dispute arising out of or related to these Terms and or our Products is personal to you and Duffy’s Dough and that any dispute will be resolved solely through individual arbitration and will not be brought as a class arbitration, class action or any other type of representative proceeding.
ANY CLAIM ARISING OUT OF OR RELATED TO THESE TERMS OR OUR PRODUCTS and/or SERVICES MUST BE FILED WITHIN ONE YEAR AFTER SUCH CLAIM AROSE; OTHERWISE, THE CLAIM IS PERMANENTLY BARRED, WHICH MEANS THAT EITHER YOU NOR DUFFY’S DOUGH WILL NOT HAVE THE RIGHT TO ASSERT THE CLAIM.
These Terms will be governed by and construed and enforced in accordance with the laws of the State of Colorado, without resort to its conflict of law provisions. You agree that any action in law or in equity arising out of or relating to these Terms will be filed only in the state and federal courts located in El Paso County, Colorado, and you are hereby irrevocable and unconditionally consent and submit to the exclusive jurisdiction of such courts over any suit, action or proceeding arising out of these Terms.
Enforcement of these Terms is solely at Duffy’s Dough’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable, then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. We reserve the right, without notice and in our sole discretion, to terminate your right to access our Website or use our Products or services. We are not responsible for any loss or harm related to your inability to access the Website or use our Products.
If you have any questions about these Terms or Duffy’s Products, please contact us at firstname.lastname@example.org.