Website Terms of Use

WEBSITE TERMS OF USE

1. Acceptance of the Terms of Use

This website is operated by ALEC’S ICE CREAM, INC. (referred to as “us”, “we”, or “our”), and these terms of use are entered into between you and us. The following terms and conditions, and any terms and policies referenced herein, including our Privacy Policy at [PRIVACY POLICY URL] (collectively, “Terms of Use”) govern your access to and use of www.alecsicecream.com, including any content, functionality, and services offered on or through this website (the “Site”).

Please read the Terms of Use carefully before you start to use the Site. By using the Site or by clicking to accept the Terms of Use when this option is made available to you, you accept and agree to be bound by these Terms of Use. If you do not want to agree to these Terms of Use or the Privacy Policy, you may not access or use the Site. 

By using this Site, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Site.

1. Changes to the Terms of Use and the Site

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them. Your continued use of the Site following the posting of revised Terms of Use means that you accept and agree to the changes. You can review the most current version of the Terms of Use at any time on this page and are expected to check this page from time to time so you are aware of any changes.

We may also update the content on this Site from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Site may be out of date at any given time, and we are under no obligation to update such material.

1. Accessing the Site and Account Security

We reserve the right to withdraw or amend this Site, and any service or products we provide on the Site, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Site is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site, to users.

To access the Site or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Site that all the information you provide on the Site is correct, current, and complete. You agree that all information you provide to register with this Site or otherwise, including through the use of any interactive features on the Site, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.  All information we collect on this Site is also subject to our Privacy Policy.

If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms of Use.

1. Online Purchases and Other Terms and Conditions

All purchases and transactions through our site are governed by our Terms and Conditions for Online Sales [TERMS OF SALE URL] (“Terms of Sale”), which are hereby incorporated into these Terms of Use.  We reserve the right to (1) limit the sales of our products to any person, geographic region or jurisdiction and may exercise this right on a case-by-case basis and (2) limit the quantities of, or discontinue, any products that we offer. All descriptions of products or product pricing on the Site are subject to change at any time without notice, in our sole discretion. 

1. Intellectual Property Rights

The Site and its entire contents, features, and functionality (including all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.  Our company name and all related names, logos, product and service names, designs, and slogans are our trademarks, and you are not permitted to use such trademarks without our prior written permission.

These Terms of Use permit you to use the Site for your personal, non-commercial use or for limited business purposes in connection with your role as a wholesale supplier or distributor of our products. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, other than for the foregoing purposes or with express permission from us, and you may not delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Site.  Any use of the Site not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

1. Prohibited Uses

You may use the Site only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Site:

• in any way that violates any applicable federal, state, local, or international law or regulation; 
• for the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise;
• to impersonate or attempt to impersonate us, any of our employees, another user, or any other person or entity; or
• to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or our other users of the Site.

Additionally, you agree not to:

• use any process to monitor or copy any of the material on the Site other than as expressly permitted herein;
• introduce any viruses, worms, or other material that is malicious or technologically harmful;
• attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Site, the server on which the Site is stored, or any server, computer, or database connected to the Site; 
• otherwise attempt to interfere with the proper working of the Site. 

We have the right to take appropriate legal action, including referral to and cooperation with law enforcement (and disclosure of your identity or other information if so requested by law enforcement authorities or court orders) for any illegal or unauthorized use of the Site, and/or terminate or suspend your access to all or part of the Site for any violation of these Terms of Use. We assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party on the Site. 

1. Reliance on Information Posted

The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Site, or by anyone who may be informed of any of its contents.

This Site may include content provided by third parties, including materials provided by other third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by us, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect our opinion. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

1. Links from the Site

The Site may contain links to other sites, tools and resources provided by third parties, which links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. These links may direct you to third-party sites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of such sites. We have no control over the contents of those sites, tools or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party sites linked to this Site, you do so entirely at your own risk and subject to the terms and conditions of use for such Sites.  

1. User Comments and Feedback

If, with or without a request from us, you send any creative ideas, feedback, proposals, or other materials or comments, whether online (including through other third-party providers), by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, without restriction, edit, copy, publish, distribute, translate, and/or otherwise use such Comments. We are under no obligation to maintain in confidence, pay any compensation for, or respond to, any Comments.

You agree that your Comments will not (1) violate any third-party rights, including copyright, trademark, privacy, personality or other personal or proprietary rights, (2) contain unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable material, or (3) contain any computer virus or other malware that could in any way affect the Site. You may not pretend to be someone other than yourself or otherwise mislead us or third parties as to the origin of your Comments. We take no responsibility for any Comments posted by you or any third party.  We may, but have no obligation to, monitor, edit or remove content (including Comments) that we determine in our sole discretion violates these Terms of Use.  

1. Disclaimer of Warranties

YOUR USE OF THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE IS AT YOUR OWN RISK. THE SITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE ARE PROVIDED ON AN "AS IS" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER US NOR ANY PERSON ASSOCIATED WITH US (I) MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE SITE OR (II) REPRESENTS OR WARRANTS THAT THE SITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY SITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER SITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

1. Indemnification

You agree to defend, indemnify, and hold harmless us, our affiliates, licensors, and service providers, and our and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) relating to your violation of these Terms of Use or your use of the Site (including any use of the Site’s content, services, and products) other than as expressly authorized in these Terms of Use.

1. Governing Law; Jurisdiction; Arbitration

All matters arising out of or relating to these Terms are governed by and construed in accordance with the internal laws of the State of Delaware without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any jurisdiction other than those of the State of Delaware.

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use will be instituted in the federal courts of the United States or the courts of the State of California, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

At our sole discretion, we may require you to submit any disputes arising from these Terms of Use or use of the Site, to final and binding arbitration administered by the American Arbitration Association (“AAA”) (the “AAA Rules”) then in effect, except as modified by this section. (The AAA Rules are available at adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section. The arbitrator will have exclusive authority to resolve any dispute relating to arbitrability and/or enforceability of this arbitration provision. The arbitrator will be empowered to grant whatever relief would be available in court under law or in equity. Any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. If any provision of this arbitration agreement is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced.

1. Waiver and Severability

The failure by us to enforce any right or provision of these Terms of Use will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by our duly authorized representative.

If any provision of these Terms is invalid, illegal, void or unenforceable, then that provision will be deemed severed from these Terms and will not affect the validity or enforceability of the remaining provisions of these Terms. 

1. Entire Agreement

These Terms of Use, our Privacy Policy, and Terms of Sale constitute the sole and entire agreement between you and us regarding the Site and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Site. 

1. Your Comments and Concerns

All feedback, comments, requests for technical support, and other communications relating to the Site should be directed to: hello@alecsicecream.com. 

Last Modified: 5.9.2022