Terms of Use

Last Updated: April 29, 2025

Acceptance of Terms

These Terms of Use (the “Terms”) apply to your access to, and use of, this website and all other sites, mobile sites, services, applications, platforms, and tools where these terms appear or are linked (collectively, the “Site”) and/or using any of the services we provide, including without limitation our website, mobile application, online ordering, delivery dispatch, job application, and customer feedback platforms (collectively, the “Services”). Accessing or using the Site constitutes your acceptance of these Terms. As used in these Terms, "Crispy Cones," "us" or "we" refers to Crispy Cones Holdings, LLC and its subsidiaries and affiliates.

By accessing or using the Site, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates, in which case the terms “you,” “your” or “Customer” shall refer to such entity and its affiliates. If you do not have such authority, or if you do not agree with these Terms, you may not use the Site.

Modification of Terms

We reserve the right to change, modify, or revise these Terms at any time. Any changes will be effective immediately upon posting. Your continued use of the Site or the Services signifies your acceptance of any modified terms.

Registration and Account Responsibilities

Users may need to register to use certain Services and features of the Site. By registering for an account, you represent that you are at least 18 years of age and have not been previously prohibited from using the Site or the Services. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. By using the Site or the Services you represent and warrant that all information you submit is truthful and accurate and that your use of the Services does not violate any applicable law or regulation.

Content

Information on the Site is provided for convenience and information only. All content on the Site, including but not limited to text, images, graphics, designs, logos, audio clips, video, data, music, software, and other material, is the property of Crispy Cones or its content providers, and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all content on the Site is the exclusive property of Crispy Cones and protected by copyright laws. The trade names, trademarks, and service marks owned by Crispy Cones or its affiliates, whether registered or unregistered, may not be used in connection with any other product or service, or in any other manner that is likely to cause confusion or dilution. Nothing on the Site should be construed as granting, by implication, estoppel, or otherwise, any right or license to use any material without prior express written permission. Crispy Cones and its providers and licensors expressly reserve all intellectual property rights in all content. You agree not to use, copy, distribute, or create derivative works of any of the content other than expressly permitted herein.

User Conduct

You are responsible for all activities that occur under your account or while using the Site. Users agree not to use the Site to post or transmit any content that is deceptive, fraudulent, harmful, illegal, offensive, or discriminatory; engage in unauthorized advertising or solicitation; use the Site for any illegal or unauthorized purpose; use the Site to advertise or offer to sell or buy any goods or services without express written consent; impersonate any person or misrepresent your affiliation with any entity; attempt to reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain improper access to any software, in whole or in part, or use your account or access to the Site to compete with Crispy Cones or create any list of services or users of the Site; damage, disable, overburden, or impair any servers, networks, or performance of the Site; frame or mirror all or any part of the Site; or attempt to gain unauthorized access to the Site. You agree to comply with all applicable laws, including those of the country, state, and city in which you are present while using the Site.

Access

We grant you permission to use the Site as set forth in these Terms of Service. We reserve the right to terminate or restrict access to the Site or to disable any account at any time, for any reason or for no reason, without notice. We may limit availability of the Site, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion. Crispy Cones does not represent or warrant that the Site, or any information in or aspect thereof, is appropriate or available for use in any particular jurisdiction. You agree not to transport, import, export or re-export all or any part of the information found on this Site to (or to a national or resident of), or to use all or any part of the information found on this Site from (as applicable): (a) any country to which the United States has embargoed goods; or (b) any person or entity on the United States Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Table of Deny Orders or any similar list, and you represent, warrant, and covenant to us that you are not located in or under the control of any such country or on any such list.

Online Orders & Payment

Some of the Services may require payment. Where available, you may place online orders for products or merchandise from participating Crispy Cones locations. If you elect to use such Services and such Services are available in your location, you agree to pay all amounts owed when due. Any online order you place is subject to acceptance by the specific location fulfilling the order. Product availability and pricing may vary by location. We reserve the right to change our prices at any time, subject to applicable law. All prices are exclusive of all taxes, levies, or duties imposed by taxing authorities, and you shall be responsible for payment of all such taxes, levies, or duties. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY PAYMENT CARD(S) OR OTHER PAYMENT METHOD(S) USED IN CONNECTION WITH ANY TRANSACTION. You grant to Crispy Cones the right to provide payment information to third parties for purposes of facilitating the completion of transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any transaction. By placing any order online, you agree that Crispy Cones may contact you by email, phone, or text message to confirm your order or to provide updates regarding your order.

Electronic Communication

When you use the Site or send e-mails, text messages, and other communications from your desktop or mobile device to us, you may be communicating with us electronically. You consent to receive communications from us electronically, such as e-mails, texts, mobile push notices, or notices and messages on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Comments and Submitted Material

If you post or submit comments, reviews, or other content or submit any other material, you grant to Crispy Cones a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, and display such content throughout the world in any media. You grant Crispy Cones and its sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify Crispy Cones for all claims resulting from content you provide. Crispy Cones takes no responsibility and assumes no liability for any content posted by you or any third party.

Third-Party Sites

The Site may contain links to third-party websites and advertisements (collectively, “Third-Party Sites”). Such Third-Party Sites are not under our control, we make no representation with respect to such sites, and we are not responsible for any consequences related to visiting any such site. You agree that you use all links to Third-Party Sites at your own risk.

Indemnification

In addition to the specific indemnification obligations stated in other sections of these Terms, you agree to indemnify and hold harmless Crispy Cones and its officers, directors, employees, agents, affiliates, customers, contractors, and representatives (each, an “Indemnified Party”) from and against any losses, claims, actions, disputes, demands, costs, damages, penalties, fines and expenses (each a “Claim”), including attorneys’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from Claims alleging facts that if true would constitute (a) your violation of these Terms or any other agreement between you and Crispy Cones; or (b) your violation of any applicable laws, rules, or regulations related to your use of the Site.

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

THE SITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE PROVIDED "AS IS.” CRISPY CONES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE ACCURACY OR COMPLETENESS OF THE CONTENT ON THE SITE, THE OPERATION OF THE SITE, OR THE INFORMATION, MATERIALS, PRODUCTS, OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE. CRISPY CONES FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND RELATING TO THE RESULTS OF USE OF THE SERVICES. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE AND SERVICES IS AT YOUR SOLE RISK. AS WITH THE PURCHASE OF ANY PRODUCT OR SERVICE, YOU SHOULD EXERCISE APPROPRIATE CAUTION IN YOUR USE OF THE SITE AND THE SERVICES. CRISPY CONES CANNOT AND DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED, OR SECURE ACCESS TO THE SITE.

TO THE FULLEST EXTENT ALLOWED BY LAW, CRISPY CONES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY, ACCURACY AND ANY WARRANTIES ARISING BY USAGE OF TRADE, COURSE OF DEALING, OR COURSE OF PERFORMANCE. CRISPY CONES DOES NOT WARRANT THAT THE SERVICES, INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. TO THE FULLEST EXTENT ALLOWED BY LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHER LEGAL THEORY) WILL CRISPY CONES BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE, OR FROM ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES.

Events Beyond Our Control

Under no circumstances shall Crispy Cones be held liable for any delay or failure in this Site and/or any of the Services and/or information on the Site directly or indirectly resulting from, arising out of, relating to or in connection with events beyond our reasonable control, including, without limitation, internet failures, equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, pandemics, shortages of labor or materials, fires, floods, storms, earthquakes, explosions, acts of God, war, terrorism, governmental actions, orders of courts, agencies or tribunals or non-performance of third parties. The provisions of this paragraph are in addition to, and not intended to limit or modify, the limitation of Limitation of Liability section as stipulated above.

Governing Law

You agree that the Site shall be deemed solely based in the State of Idaho, and shall be deemed a passive website that does not give rise to personal jurisdiction over Crispy Cones, either specific or general, in jurisdictions other than Idaho. These Terms shall be governed by the laws of the State of Idaho. Any legal action or proceeding related to the Site, the Services, or these Terms shall be brought exclusively in a federal or state court of competent jurisdiction in Madison County, Idaho, and by using this Site you waive any jurisdictional, venue, or inconvenient forum objections to such courts.

General

If any provision of these Terms is found for any reason to be unlawful, void, or unenforceable, then that provision will be deemed severable and will not affect the validity and enforceability of any remaining provision. Any heading, caption, or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof. Failure to insist upon or enforce strict performance of any provision shall not be construed as a waiver of any provision or right. This, together with any of our policies referred to herein, is the entire agreement between you and us relating to your use of the Site, and supersedes any and all prior or contemporaneous written or oral agreements between you and us regarding the same subject matter (except other written, fully executed contracts between you and us). Neither the course of conduct between you and us, nor trade practice, shall act to modify any provision herein.

Contact Information

If you have any questions about these Terms, please contact us here.

SMS/MMS Mobile Message Marketing Program

We offer a mobile messaging program, through which users can expect to receive messages concerning the marketing and sale of Crispy Cones products and services. By opting into or participating in the program, you accept and agree to these additional terms and conditions.

The mobile messaging program allows users to receive SMS/MMS mobile messages by affirmatively opting into the program, such as through online or application-based enrollment forms, sending a mobile originating message containing an advertising keyword, or signing up at a point-of-sale location. Regardless of the opt-in method you utilized to join the program, you agree that these terms apply to your participation in the program. By participating in the program, you agree to receive autodialed or prerecorded marketing mobile messages at the phone number associated with your opt-in, and you understand that consent is not required to make any purchase from us. While you consent to receive messages sent using an autodialer, the foregoing shall not be interpreted to suggest or imply that any or all of our mobile messages are sent using an automatic telephone dialing system (“ATDS” or “autodialer”). Message and data rates may apply. Message frequency varies.

If you do not wish to continue participating in the program or no longer agree to these terms, you agree to reply STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to any mobile message from us to opt out of the program. You may receive an additional mobile message confirming your decision to opt out. You understand and agree that the foregoing options are the only reasonable methods of opting out. You also understand and agree that any other method of opting out, including, but not limited to, texting words other than those set forth above or verbally requesting one of our employees to remove you from our list, is not a reasonable means of opting out.