General

These terms and conditions (“Terms”) govern your use of krispykrunchy.com, ohub.krispykrunchy.com, krispykrunchyorders.com, and any other website, product, or service owned or operated by Krispy Krunchy Foods, LLC, or any of its affiliates or subsidiaries (collectively, “Krispy Krunchy Foods,” “we,” “us,” or “our”) or operated on behalf of Krispy Krunchy Foods that links to these Terms (collectively, the “Websites”). These Terms constitutes a legally binding agreement between you and Krispy Krunchy Foods regarding your use of the Websites. These Terms do not apply to your use of any website, application, or service operated by a third party that is not approved by Krispy Krunchy Foods or by a Krispy Krunchy Foods affiliate or subsidiary that has a separate terms of use.

Krispy Krunchy Foods may modify these Terms at any time without notice, except where required by law. Any modified terms will become effective immediately after they are posted. By continuing to use the Websites after a modification, you will be deemed to have consented to any changes in these Terms. 

These Terms contains dispute resolution, arbitration, and class action waiver sections that require you and Krispy Krunchy Foods to pursue any disputes independently and then in individual arbitration and that each party waive their right to sue in court, including as part of a class action or representative proceeding. Please see the Dispute Resolution, Arbitration, and Class Action Waiver sections for more information.

Eligibility

The Websites are not targeted toward nor intended for use by anyone under the age of eighteen (18) years of age. You must be eighteen (18) years of age or older to place an order on the Websites or participate in Krispy Krunchy Foods promotions. Each time you access the Websites for any purpose, you shall be deemed to represent, warrant, and covenant to Krispy Krunchy Foods that you: (a) are at least eighteen (18) years of age; (b) are not located in, or a national or resident of, or associated with the government of, any country that is subject to U.S. trade sanctions; and (c) are not on any U.S. prohibited party list or acting on behalf of or owned or controlled by any person or entity on any such list.   

If you are using the Websites on behalf of any person, you represent and warrant that you are authorized to accept these Terms on such person’s behalf and that such person agrees to be responsible to us if you or such person violates these Terms.

Additional Terms

Your relationship with Krispy Krunchy Foods may be subject to separate agreements and certain parts of the Websites may contain separate terms and conditions, each of which are in addition to these Terms. By accessing such parts of the Websites, you agree to be bound by, and acknowledge that your access to the Website and use of the Content are subject to, those additional terms and conditions. Any violation of such additional terms will also be deemed a violation of these Terms. In the event of a conflict, any terms governing a specific part of the functionality will prevail over the more general terms. You may be asked to execute additional supplemental agreements before you are permitted to access or use certain features or functionality. In the case of supplemental agreements presented to you online, you authorize Krispy Krunchy Foods to rely upon “checks” or “clicks” in designated locations as your electronic signature and your agreement to the terms of such supplemental agreements. This User Agreement is in addition to any supplemental agreement and is not intended to supersede or modify any such supplemental agreement.

Privacy

To use certain parts of the Websites, you may need to provide certain information about yourself or others to create and register an account. Your personal information provided to the Websites and its use are subject to the applicable Krispy Krunchy Foods Privacy Policy. You are responsible for keeping any account information, including usernames and passwords, secure and for ensuring no unauthorized access. If you suspect unauthorized access to any account, you must immediately notify Krispy Krunchy Foods immediately. You are liable for the actions taken by your account, whether through authorized or unauthorized access. KRISPY KRUNCHY FOODS IS NOT RESPONSIBLE FOR ANY LOSS OR DAMAGES THAT RESULT FROM ANY UNAUTHORIZED USE OF YOUR ACCOUNT.

Electronic Communications

You acknowledge and agree to receive communications from Krispy Krunchy Foods electronically. Krispy Krunchy Foods will communicate with you by email or by posting notices on the Websites. You agree that all agreements, notices, disclosures, and other communications that Krispy Krunchy Foods provides to you electronically satisfy any legal requirement that such communications be in writing. If you wish to opt out of receiving our newsletter or promotional materials via electronic communication, please see the Privacy Rights section of the Krispy Krunchy Foods Privacy Policy or you may unsubscribe directly through the email.

Intellectual Property

The Krispy Krunchy Foods name, service marks, URLs and domain names, and any other trademarks, registered or not (collectively, “Marks”), appearing on the Websites are the property of Krispy Krunchy Foods and/or its third-party service providers. Text, images, graphics, video clips, audio clips, software applications and code, user interface design and any other materials, design, or format (collectively, the “Content”), are the intellectual property of Krispy Krunchy Foods and/or its third-party service providers. All information, material, and content accessible on or generated by the Websites are the intellectual property of Krispy Krunchy Foods and/or its third-party service providers and are protected by United States and foreign trademark, copyright, trade secret, patent, and other intellectual property laws.

Krispy Krunchy Foods grants you a personal, nontransferable, nonexclusive, limited, royalty-free, revocable license during the term of these Terms to use the Websites strictly as set forth in these Terms and in any Supplemental Agreement. Krispy Krunchy Foods reserves the right, in its sole discretion, to deny you access to the Websites, or any portion thereof, without notice and without reason. You interact with Third-Party Materials (defined below) solely on your own discretion and at your own risk. If you breach these Terms, your license to use the Websites shall immediately and automatically terminate.

Submission of User Comments and Feedback

Some parts of the Websites may allow you to submit your own content (“User Content”) to us. By submitted any User Content to us, you represent that you have all permissions and rights necessary to submit such User Content as your own. Krispy Krunchy Foods may, in its sole discretion, ignore any User Content at any time for any or no reason. Krispy Krunchy Foods is not responsible for the User Content users transmit to the Website.

Krispy Krunchy Foods may ask you to provide feedback on certain functionality and features of the Website. You acknowledge and agree that any feedback you provide is completely voluntary. You agree that any information, ideas, suggestions, or materials about the Website or Krispy Krunchy Foods’ products and services that you send to Krispy Krunchy Foods, including feedback, data, questions, comments, reviews, product or service ideas, know-how, or suggestions (collectively, “Feedback”), will not be considered confidential or proprietary, even if the Feedback is labeled “Confidential” or “Proprietary.”

Krispy Krunchy Foods reserves the right to screen, monitor, and remove User Content and Feedback, at any time and at its sole discretion, but has no obligation to do so. Krispy Krunchy Foods is not responsible for the User Content users submit to or post on the Website. Krispy Krunchy Foods is under no obligation to become involved in any user dispute but may do so at its own discretion.

By submitting Feedback to Krispy Krunchy Foods, you understand that you irrevocably assign to Krispy Krunchy Foods all worldwide rights, title, and interest in and to that Feedback. Krispy Krunchy Foods may, for any purpose whatsoever, reproduce, use, create derivative works, disclose, assign, and distribute Feedback to others without limitation or liability. Krispy Krunchy Foods may use any ideas, concepts, know-how or techniques in the Feedback and for any purpose whatsoever, including, but not limited to, developing and marketing products or services that incorporate or otherwise embody Feedback, without providing any notice, compensation, or attribution to you.

By sending us User Content via the Website, you understand that you grant Krispy Krunchy Foods a perpetual, transferable, non-exclusive, royalty-free, fully paid up, and worldwide license to use, copy, modify (including the right to create derivative works of), display, and transmit User Content in connection with the Website, including, but not limited to, the development of potential offerings or other future products and services under consideration by Krispy Krunchy (whether developed independently by Krispy Krunchy Foods or through a third party).

Notice of Copyright Infringement

If you are a copyright owner and believe that your work appears the Websites in a way that constitutes copyright infringement, please provide Krispy Krunchy Foods with notice containing the following information: (i) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (ii) identification of the copyrighted work or works claimed to have been infringed; (iii) identification of the material that you claim is infringing and a description of where the material that you claim is infringing is located on the Websites; (iv) your name, address, telephone number, and email address; (v) a written statement that you have a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (vi) a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with these requirements will not be considered sufficient notice and will not be deemed to confer on Krispy Krunchy Foods actual knowledge of facts or circumstances from which infringing material or acts are evident. You must send the written notice to:

Krispy Krunchy Foods, LLC

Attn: General Counsel

1826 Sterkx Road

Alexandria, LA 71301

If you wish to make any use of content other than as authorized in this section, please contact Krispy Krunchy Foods at the following email address: privacy@krispykrunchy.com.

Acceptable Use

You may use the Websites only for lawful purposes in accordance with these Terms. You may print out a copy of the Content on the Websites solely for your own personal, noncommercial purposes.

Access to and use of password-protected and/or secure areas of the Websites are restricted to authorized users only. Unauthorized persons attempting to access these areas of the Websites may be subject to legal action.

Conditional Use

You agree not to engage in any of the following during your use of Krispy Krunchy Foods’ Websites without Krispy Krunchy Foods’ express written permission, which may be withheld or withdrawn in Krispy Krunchy Foods’ sole discretion:

• Use any robot, spider, scraper, deep link, or other similar automated data gathering or extraction tools, program, algorithm, or methodology to access, acquire, copy, or monitor the Websites or any portion of the Websites, other than via software that sends queries to the Websites to index or rank a website for search and location purposes;
• Link to Krispy Krunchy Foods’ homepage, unless you do so in a way that is fair and legal and does not damage Krispy Krunchy Foods’ reputation or take advantage of it, provided you do not establish a link in such a way as to suggest any form of association, approval, or endorsement on Krispy Krunchy Foods’ part;
• Engage in actions involving items that infringe or violate any copyright, trademark, right of publicity or privacy or any other proprietary right under the law, including, but not limited to, use of Krispy Krunchy Foods intellectual property, name, or logo, including use of Krispy Krunchy Foods’ trade or service marks, or in a manner that otherwise harms Krispy Krunchy Foods’ brand; or
• Modify, obstruct, alter, remove, or otherwise interfere with any of the Marks and Content on the Websites.

Prohibited Use

You agree not to engage in any of the following during your use of Krispy Krunchy Foods’ Websites:

• Violate any intellectual property rights, federal, state, local or international law, ordinance, or regulation (including, without limitation, any laws regarding the export of data or software to and from the U.S. or other countries);
• Use or attempt to use any engine, software, tool, agent, or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Websites, other than the search engines and search agents available through the Websites and other than generally available third-party web browsers;
• Post or transmit any file that contains viruses, worms, Trojan horses, or any other contaminating or destructive features, or that otherwise interferes with the proper working of the Websites;
• Perform any action that implies an untrue endorsement by or affiliation with Krispy Krunchy Foods, including impersonation of a Krispy Krunchy Foods’ employee, representative, or another user or person (including, without limitation, by using e-mail addresses associated with any of the foregoing);
• Attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising or in any way making up a part of the Websites;
• Post or transmit anything that is obscene, dangerous, threatening, harassing, abusive, hateful, or embarrassing, as determined by Krispy Krunchy Foods in its sole discretion;
• Post or transmit anything that encourages another user to breach these Terms;
• Post or transmit any personal information or commercial content that is not your own or that you do not have a legal right to;
• Attempt to advertise, solicit, or otherwise encourage the collection or posting of personal information by other users;
• Transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation, as determined in Krispy Krunchy Foods’ sole discretion; or
• Engage in any conduct, as determined by Krispy Krunchy Foods in its sole discretion, that restricts or inhibits anyone’s use or enjoyment of the Website, or which may expose Krispy Krunchy Foods, its suppliers, or any other user of the Website, to any liability.

Third-Party Materials

Any content included from or links to websites owned or operated by a third party (“Third-Party Materials”) are for your convenience and informational purposes only and do not constitute or imply Krispy Krunchy Foods’ endorsement, sponsorship, or recommendation of the third parties or their products, services, or websites. Krispy Krunchy Foods does not monitor or control the Third-Party Materials linked to or from the Websites, which are governed by their own terms of use, acceptable use, and privacy policies. Krispy Krunchy Foods is not liable for any damages incurred as a result of clicking on a link to any Third-Party Materials or relying, in any capacity, on the Third-Party Materials.

PAYMENT AND BILLING

You agree to pay all fees or charges to your account in accordance with the fees, charges and billing terms from Krispy Krunchy Food or any third party acting on their behalf (e.g., a delivery service company) and in effect at the time a fee or charge is due and payable. You must provide Krispy Krunchy Food with a valid credit card (Visa, MasterCard, American Express, Discover, or any other issuers accepted by us), charge card, Krispy Krunchy Food-specific gift card (“Payment Provider”). You acknowledge and agree that for any order you place on the Websites, the full cost of the products you order will be assessed against your payment provider. You acknowledge and agree that a command originating from your account constitutes an authorization for the Websites to charge the designated amount and you assume all liability for, and shall promptly pay, any and all such charges. Without limiting the foregoing, you acknowledge and agree that you will pay assessed charges for any and all orders placed from your account. The third party service provider or your payment provider will provide you with reasonable notice of any material modification in the fees charged for the services, which notice may be provided by posting the new fee schedule on their website. You agree to immediately notify Krispy Krunchy Food or its relevant third party service provider of any change in your billing address or the credit card used for payment hereunder.

REFUND POLICY

You acknowledge that Krispy Krunchy Food is not responsible for full or partial refunds on purchases of products or related order fulfillment charges including any associated delivery-related charges. Addressing customer requests for refunds on purchases of products will be the sole responsibility of the Krispy Krunchy Food location at which the order was placed in accordance with such location’s refund policies. Contact the location directly with the phone number provided as soon as possible to request a full or partial refund.

Termination

Krispy Krunchy Foods may modify, suspend, or terminate any part of the Websites at any time and without notice. These Terms shall apply until terminated by Krispy Krunchy Foods. Upon termination, Krispy Krunchy Foods will retain your personal information in accordance with the Krispy Krunchy Foods Privacy Policy and as required by applicable law, rules, or regulations. If you breach these Terms, your license to use the Websites shall immediately and automatically terminate.

Krispy Krunchy Foods reserves the right to terminate these Terms with you, with notice of such termination, if:

• You breach any provision of these Terms (or have acted in a manner that demonstrates, in Krispy Krunchy Foods’ sole opinion, you do not intend to or are unable to comply with these Terms);
• Krispy Krunchy Foods reasonably believes it is required by law;
• Krispy Krunchy Foods no longer offers the service(s) you use;
• You no longer agree to these Terms; or
• Krispy Krunchy Foods chooses to do so, in its sole discretion, for any or no reason.

You understand that your User Comments and Feedback may remain on the Websites even after termination of these Terms, subject to a request for removal or deletion under applicable laws. These Terms shall survive termination to the extent necessary for the enforcement of Krispy Krunchy Foods’ rights and your obligations herein.

Governing Law and Venue

These Terms and any Website, product, or service provided under it will be governed by the laws of the State of Louisiana, without regard to its conflicts of law provisions, and shall inure to the benefit of Krispy Krunchy Foods’ successors and assigns, whether by merger, consolidation, or otherwise. Except as otherwise provided in the ARBITRATION section, you hereby agree that all legal proceedings shall be brought in, and you irrevocably consent to submit to the jurisdiction and venue of, the state courts of Rapides Parish, Louisiana, and the federal courts of the Western District of Louisiana. 

You acknowledge and agree that because the breach of these Terms would result in immediate and irreparable injury to Krispy Krunchy Foods, Krispy Krunchy Foods shall be entitled, without limitation of remedy, to (i) temporary and permanent injunctive and other equitable relief restraining you from activities constituting a violation, breach, or threatened breach of these Terms to the fullest extent allowed by law, and (ii) all such other remedies available at law or in equity, including, without limitation, the recovery of damages.

The Websites are operated from the United States and we make no representation that these materials are appropriate or available for use in other locations. If you access the Websites from locations outside of the United States, you are responsible for compliance with applicable local laws. The information on the Websites is not intended for use and access by persons residing outside the Unites States and its territories.

Dispute Resolution

Except where and to the extent prohibited by law, by using the Websites, you and Krispy Krunchy Foods agree that, if there is any controversy, claim, action, or dispute arising out of or related to your use of the Websites or the breach, enforcement, interpretation, or validity of these Terms or any part of it (“Dispute”), both parties shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances of the Dispute and allowing the receiving party thirty (30) days in which to respond to or settle the Dispute. Both you and Krispy Krunchy Foods agree that this dispute resolution procedure is a condition precedent that must be satisfied before filing any demand for arbitration against the other party.

Arbitration

To the fullest extent permitted by law of the applicable jurisdiction, any dispute, claim, or controversy arising from the access and use of the Websites or these Terms, including the interpretation of this ARBITRATION section, that cannot be resolved by the above dispute resolution procedure, SHALL BE RESOLVED SOLELY BY FINAL AND BINDING INDIVIDUAL ARBITRATION. ALL CLAIMS ARISING OUT OF OR RELATED TO YOUR USE OF THE WEBSITES OR THESE TERMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ARISES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Any arbitration shall be governed by the Rules of Arbitration of the American Arbitration Association and shall take place in Alexandria, Louisiana, unless both parties agree in writing to a different location.

Class Action Waiver

YOU AND KRISPY KRUNCHY FOODS EACH FURTHER AGREE THAT EACH IS WAIVING THEIR RIGHT TO SUE THE OTHER IN COURT, INCLUDING TO A TRIAL BY JURY, OR TO PARTICIPATE IN A CLASS ACTION. You and Krispy Krunchy Foods agree that each may bring claims against the other only in your or its individual capacity and not as a representative or part of any class or consolidated action or proceeding. If the Dispute is resolved through arbitration, the arbitrator may not consolidate another person’s claims with your claims and may not otherwise preside over any form of a representative or class proceeding.

Indemnification

You agree to defend, indemnify, and hold harmless Krispy Krunchy Foods’ officers, directors, employees, agents, affiliates, successors, and assigns (collectively, the “Indemnitees”) from and against any and all claims, liabilities, damages, awards, losses, costs, or fees (including reasonable attorneys’ fees) arising out of or relating to your access to and use of the Websites, User Comments or Feedback you post to or transmit through the Website, infringement of any intellectual property rights, or your violation of these Terms (collectively, “Claims”). Krispy Krunchy Foods reserves the right, in Krispy Krunchy Foods’ sole discretion and at Krispy Krunchy Foods’ own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by Krispy Krunchy Foods in the defense of any Claims and in any event may not settle any Claims without Krispy Krunchy Foods’ prior written consent.

Disclaimer of Warranties

ALL OF THE WEBSITES, AND THE DATA, INFORMATION, MATERIALS, AND OTHER CONTENT CONTAINED THEREIN, INCLUSIVE OF ANY THIRD-PARTY MATERIALS, ARE PROVIDED “AS IS” WITH NO WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

Krispy Krunchy Foods disclaims any duty to update the Websites or to correct any errors, and it is your responsibility to evaluate the timeliness, quality, accuracy, reliability, availability, and completeness of any information and material, including Third-Party Materials, contained on the Websites. Krispy Krunchy Foods does not warrant or guarantee that the Websites will be error-free, virus-free, or that access to the Websites will be uninterrupted, or that the platform, its servers, or the Content are free of destructive features. If you download or otherwise obtain any material from the Websites, you do so solely at your own discretion and risk, and you will be solely responsible for any damages to your computing system or any loss of data that results from downloading or otherwise obtaining that material. You assume all responsibility and risk of loss resulting from your use of the Websites.

Limitation of Liability

IN NO EVENT WILL KRISPY KRUNCHY FOODS, INDEMNITEES, OR ANYONE ELSE INVOLVED IN CREATING, PRODUCING, DELIVERING, OR MANAGING THE WEBSITES (COLLECTIVELY, THE “SERVICE PROVIDERS”) BE LIABLE FOR ANY DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR DAMAGES MEASURED BY LOST PROFITS AND/OR ANY OTHER INTANGIBLE OR SPECULATIVE LOSS, ARISING OUT OF YOUR USE OR INABILITY TO USE THE WEBSITES, INCLUDING, WITHOUT LIMITATION, OMISSIONS OR INACCURACIES IN THE CONTENT, UNAUTHORIZED ACCESS, FORCE MAJEURE, OR ANY FAILURE OF PERFORMANCE, EVEN IF THE DAMAGES WERE FORESEEABLE OR ANY OF THE SERVICE PROVIDERS ARE EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Some states or jurisdictions do not allow the exclusion of certain warranties or limitations of certain liabilities. Accordingly, if some of the above provisions do not apply to you, whether by statute or legal action, then you expressly agree that these DISCLAIMER OF WARRANTIES and LIMITATION OF LIABILITIES sections will be construed to apply to the maximum extent permitted by law. In no event shall Krispy Krunchy Foods’ total, aggregate liability for any cause of action of any kind – whether in contract, tort, (including, but not limited to, negligence), strict liability or otherwise, even if it is foreseeable – exceed $100.

Assignment

You may not assign or otherwise transfer ownership of your rights and obligations under these Terms, by operation of law or otherwise, without the prior written consent of Krispy Krunchy Foods. Krispy Krunchy Foods may freely assign, transfer and delegate these Terms or any rights and/or obligations hereunder without your consent. The relationship of the parties under these Terms is that of independent contractors, and these Terms will not be construed to imply that either party is the agent, employee, or joint venture of the other.

Entire Agreement and Severability

These Terms, including the Privacy Policy and any other document referred to in these Terms, represent the entire agreement between Krispy Krunchy Foods and you relating to the subject matter herein. If any provision of these Terms is deemed unlawful, void, or for any reason unenforceable, then that provision will be enforced to the maximum extent permissible, and the remaining provisions will remain in full force and effect. The failure of Krispy Krunchy Foods to exercise in any respect any right provided for in these Terms shall not be deemed a waiver of any rights hereunder. Krispy Krunchy Foods reserves all rights not expressly described in these Terms.

Section Headings

Section headings in these Terms are for convenience or reference only and shall not govern the interpretation of any provision of these Terms.

Notices

If you have any questions regarding the Websites or these Terms, please contact Krispy Krunchy Foods at:

Email: privacy@krispykrunchy.com

Phone: 1 (800) 290-6097

Mail:

Krispy Krunchy Foods, LLC

Attn: General Counsel

1826 Sterkx Road

Alexandria, LA 71301