Online Services Terms of Use  

**Last Updated: 01/23/2025

**PLEASE READ THESE TERMS OF USE (“TERMS”) CAREFULLY BEFORE USING ANY OF THE AMONG US DONUTS WEBSITES, APPLICATIONS, PLATFORMS, LOYALTY PROGRAMS, STORED VALUE CARDS AND OTHER ONLINE PROGRAMS THAT POST A LINK TO THESE TERMS, OR THE MATERIALS, SOFTWARE, AND CONTENT AVAILABLE IN OR THROUGH THEM (ALTOGETHER, “AUS ONLINE SERVICES”).**

BY DOWNLOADING OR USING ANY OF THE AUS ONLINE SERVICES, YOU AFFIRM THAT YOU ARE ABLE AND LEGALLY COMPETENT TO ACCEPT AND AGREE TO THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ANY OF THESE TERMS OR OUR PRIVACY POLICY, THEN YOU ARE NOT AUTHORIZED TO ACCESS OR USE ANY OF THE AUS ONLINE SERVICES.

These Terms constitute an agreement between Cake Among US and you. We recommend that you print out a copy of these Terms for your records.

**PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.**

1. Additional Terms

Certain services offered through the Cake Among US Online Services, including mobile applications, loyalty programs, sweepstakes, and other promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail unless they expressly state otherwise.

2. Changes to Terms

We may change these Terms from time to time. If we make material changes, we will inform you in advance by posting a notice within the Cake Among US Online Services. If you are a registered user, we may also notify you via email. All changes are effective when posted and apply to your access and use of the Cake Among US Online Services thereafter. Changes to the Dispute Resolution provisions (Section 13) do not apply to any dispute for which you or we have actual notice prior to the date the revised Terms are effective.

3. Users and Accounts

**Eligibility**: The Cake Among US Online Services are not intended for use by anyone under age 13. Users aged 13-18 may only use the services with parental or guardian consent.

**Account Creation**: You may need to create an account to use certain services. By creating an account, you agree to:

– Provide accurate and current information.

– Maintain the confidentiality of your password.

– Notify us immediately of unauthorized account use.

We reserve the right to suspend or terminate your account for any breach of these Terms.

4. Personal Use

The Cake Among US Online Services are licensed to you for personal, non-commercial use only. You agree not to copy, distribute, or exploit any part of the Cake Among US Online Services unless expressly permitted by us.

5. Privacy

Our Privacy Policy is incorporated into these Terms and governs your use of the Cake Among US Online Services. By using the Cake Among US Online Services, you consent to our processing and handling of your data as described in our Privacy Policy.—

6. Responsible Use of Cake Among US Online Services

You agree not to:

– Use the Cake Among US Online Services for unlawful purposes.

– Interfere with the operation of the Cake Among US Online Services.

– Post or transmit harmful, defamatory, or illegal material.

– Reproduce, resell, or exploit the Cake Among US Online Services for commercial purposes without authorization.

7. Provision of Cake Among US Online Services

We are continuously improving the Cake Among US Online Services. We reserve the right to modify, suspend, or terminate any features without notice or liability to you.

8. Product Sales and Availability

All products and services displayed on the Cake Among US Online Services are subject to availability. Prices, promotions, and availability may vary and are subject to change without notice.

9. Loyalty Programs and Promotions

Participation in loyalty programs is subject to specific terms and conditions, which will be provided when you enroll. Cake Among US Donuts reserves the right to modify or terminate any loyalty programs at any time.

10. Disclaimer of Warranty and Limitation of Liability

– The Cake Among US Online Services are provided “AS IS” without any warranties, express or implied.

– Cake Among US is not liable for any damages arising from your use of the services, including direct, indirect, incidental, or consequential damages.

11. Copyright and Trademark

All content and trademarks on the Cake Among US Online Services are the property of Cake Among US or its licensors. Unauthorized use is prohibited.

12. Digital Millennium Copyright Act (DMCA) Policy

If you believe that your copyrighted material has been infringed, please contact us with the following information:

– Your contact details.

– Identification of the copyrighted work.

– A statement of good faith belief and authorization.

13. Dispute Resolution

– **Arbitration**: All disputes will be resolved through binding arbitration in California, under the rules of the American Arbitration Association (AAA).

– **No Class Actions**: Disputes must be resolved on an individual basis.

– **Opt-Out**: You may opt out of arbitration within 30 days of accepting these Terms by contacting bakery@cakeamongus.com.

– **Small Claims Court**: For disputes that qualify, you may file an action in a California Small Claims Court instead of arbitration.

14. Governing Law

These Terms are governed by the laws of California, without regard to conflict of law principles.

15. Rights of California Residents (CCPA)

If you are a California resident, you have the following rights under the California Consumer Privacy Act (CCPA):

– **Access to Information**: You may request details about the personal information we collect, use, and share.

– **Data Deletion**: You can request that we delete your personal information, subject to certain exceptions.

– **Opt-Out of Sale**: You can opt-out of the sale of your personal information. To exercise this right, visit our “Do Not Sell My Personal Information” page .

To exercise your rights, please contact us at:

– Email: bakery@cakeamongus.com

– Phone: (909)980-1819

– Address: 7890 Haven Ave, Ste 11

16. Refunds and Returns Policy

– **Refunds**: Refunds are available for products returned within 14 days of purchase with proof of purchase, subject to inspection.

– **Unavailable Products**: If a product is unavailable after purchase, we will notify you and provide options for substitution or refund.

17. Contact Cake Among US

For questions or concerns regarding these Terms, you can contact us at:

– Email: bakery@cakeamongus.com

– Phone: (909)980-1819

– Address: 7890 Haven Ave, Ste 11

© 2025 Cake Among US. All rights reserved.