www.greatamericancreamery.com
Effective Date: June 15, 2023
Please read these Terms of Use ("Agreement") carefully before using greatamericancreamery.com ("Website") operated by Great American Creamery Company ("Company," "we," "us," or "our"). This Agreement sets forth the terms and conditions governing your use of the Website. By accessing or using the Website, you agree to be bound by this Agreement. If you do not agree to the terms and conditions stated herein, please do not use the Website.
1. Use of the Website
1.1 Eligibility: By using the Website, you represent that you are at least 18 and have the legal capacity to enter into this Agreement.
1.2 Compliance: You agree to comply with all applicable laws, regulations, and third-party rights when using the Website. You shall not use the Website for any unlawful or unauthorized purpose or engage in any activity that could harm the Company or others.
2. Intellectual Property Rights
2.1 Ownership: All content, materials, and intellectual property on the Website, including but not limited to text, graphics, logos, images, and software, are the property of the Company or its licensors and are protected by intellectual property laws.
2.2 Limited License: Subject to your compliance with this Agreement, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Website for personal and non-commercial purposes.
3. Disclaimer of Warranties
3.1 The Website is provided on an "as is" and "as available" basis without warranties of any kind, whether express or implied.
3.2 The Company does not warrant that the Website will be uninterrupted, error-free, or secure. You acknowledge that your use of the Website is at your own risk.
4. Limitation of Liability
4.1 To the maximum extent permitted by law, the Company and its affiliates, officers, directors, employees, and agents shall not be liable for any indirect, incidental, special, consequential, or exemplary damages, including but not limited to damages for loss of profits, goodwill, data, or other intangible losses.
4.2 The total liability of the Company, whether based on contract, tort (including negligence), strict liability, or any other legal theory, shall not exceed the amount paid by you, if any, for accessing the Website.
5. Links to Third-Party Websites
5.1 The Website may contain links to third-party websites for your convenience and information. The Company does not endorse or assume any responsibility for the content, products, services, or privacy practices of third-party websites.
5.2 You acknowledge and agree that your use of any third-party websites is at your own risk and subject to the terms and conditions of those websites.
6. Indemnification
6.1 You agree to indemnify, defend, and hold harmless the Company and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses, including reasonable attorneys' fees, arising out of or in connection with your use of the Website or any violation of this Agreement.
7. Modifications and Termination
7.1 The Company reserves the right, at its sole discretion, to modify, suspend, or terminate the Website or this Agreement, in whole or in part, at any time and without prior notice.
7.2 The Company shall not be liable to you or any third party for any modification, suspension, or termination of the Website or this Agreement.
8. Governing Law and Jurisdiction
8.1 This Agreement shall be governed by and construed in accordance with the laws of the state of Pennsylvania and the United States of America.
8.2 Any dispute arising out of or relating to this Agreement or your use of the Website shall be subject to the exclusive jurisdiction of the courts in the state of Pennsylvania and the United States of America.
9. Severability
9.1 If any provision of this Agreement is held to be invalid, illegal, or unenforceable under any applicable law, the remaining provisions shall remain in full force and effect.
10. Entire Agreement
10.1 This Agreement constitutes the entire understanding between you and the Company concerning the subject matter herein and supersedes all prior discussions, negotiations, and agreements, whether oral or written.
11. Contact Us
11.1 If you have any questions, comments, or concerns regarding this Agreement or the use of the Website, please contact us at greatamericancreamery@gmail.com.