Terms and Conditions
Last Updated 8/9/2024
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Thank you for choosing Whipped Creamery®!
Welcome to the website of Whipped Creamery®. ("we," "us," or "our"). PLEASE REVIEW THE TERMS AND CONDITIONS CAREFULLY BEFORE USING OUR WEBSITE. This website is fully owned, controlled and operated by Whipped Creamery®. By accessing or using the website of our service, you approve that you have read, understood, and agree to be bound by these Terms. If you disagree with any of the terms or conditions of our website, please do not use this website. By using this website, you further agree that your use will be made in accordance with any governing laws, and your use will not interfere with the website nor be used for any illegal or improper purpose.
To use our website you must be at least 13 years of age, or of the legal age of majority in your jurisdiction, and possess the legal authority, right and freedom to enter into these Terms as a binding agreement. You are not allowed to use this website if doing so is prohibited in your country or under any law or regulation applicable to you.
By using our website, you agree:
• You will not use the website for any fraudulent purpose;
• You will not engage in criminal or tortious activity while using the website;
• You will comply with all applicable laws while using the website;
• You will not use the website if you are under 13 years old;
• You will not use any automated means, data scraping, extraction, or other systematic data retrieval from the website;
• You will not make any unauthorized use of the website;
• You will not circumvent, disable, or otherwise interfere with the security of the website;
• You will not deep-link or frame the website;
• You will not interfere with, disrupt, or create an undue burden on the website or the networks or services connected to the website;
• You will not use the website to compete with us;​
• You will not harass, annoy, intimidate, or threaten any of our employees or agents in connection with using the website or services provided;
• You will not make false or misleading statements about the website or our services.
We reserve the right, at our sole discretion, to change, modify, revise, or discontinue any webpage, service, term, or condition contained within this website at any time. Any change, modification, revision, or discontinuation will become effective immediately upon the posting on our website. Please frequently review the terms and conditions included within our website. Your subsequent use of our website after any change, modification, revision, or discontinuation will constitute your acceptance of any new, modified, revised, discontinued content, terms, or conditions within our website.
Disclaimer. THIS WEBSITE AND ALL CONTENTS OF THIS WEBSITE ARE PROVIDED ON AN "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT. YOU ACKNOWLEDGE, BY YOUR USE OF THE WEBSITE, THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK, THAT YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIR OF ANY EQUIPMENT YOU USE IN CONNECTION WITH YOUR USE OF OUR WEBSITE, AND THAT WE OR ANY THIRD PARTY PROVIDERS SHALL NOT BE LIABLE FOR ANY TYPE OF DAMAGES TO THE FULLEST EXTENT ALLOWED BY LAW. WE DO NOT WARRANT THAT ANY INFORMATION, FUNCTIONS, APPLICATIONS, CONTENT, OR OTHER MATERIALS (WHICH INCLUDE WITHOUT LIMITATION USER GENERATED CONTENT OR INFORMATION) WILL BE FREE FROM ERRORS, THAT ANY ERRORS OR DEFECTS WILL BE CORRECTED, THAT ANY TYPE OF ACCESS TO OUR WEBSITE WILL BE UNINTERRUPTED, OR THAT ANY CONTENT OR INFORMATION LOCATED IN OUR WEBSITE WILL BE FREE FROM ELECTRONIC VIRUSES OR OTHER POTENTIALLY HARMFUL PROGRAMS OR COMPONENTS. THE ENTIRE RISK OF THE ACCURACY, ADEQUACY, COMPLETENESS, CORRECTNESS, QUALITY AND VALIDITY OF ANY OF THE INFORMATION OR MATERIALS CONTAINED WITHIN OUR WEBSITE LIES WITH YOU.
The website may contain links to third-party websites ("External Websites"). These are provided as a convenience and is not an endorsement by us. We do not investigate, monitor, or verify the accuracy of the External Websites. We are not responsible for and do not assume any liability for any content on the External Websites. You access the External Websites at your own risk and understand these Terms of Use do not govern your use of the External Websites.
You may have the ability on the website to leave reviews or ratings. Your reviews or ratings are subject to these Terms of Use. When posting a review, the following terms apply: (1) you had first-hand experience with our restaurant (2) you are not affiliated with, nor are you a competitor of our restaurant; and (3) your post complies with these Terms of Use. You consent to Whipped Creamery® using your review(s) or rating(s) in connections with the website and its services without notification or approval from you, and without contribution or compensation to you. We may remove any rating or review without notice if we determine the review or rating is false or misleading. We do not assume liability for any review or for any claims, liabilities, or losses resulting from any review.
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THIS WEBSITE, NOR SHALL WE BE HELD LIABLE FOR ANY DAMAGES INCLUDING BUT NOT LIMITED TO THE AFOREMENTIONED DAMAGES FOR THE CONDUCT OR ACTIONS (ONLINE OR OFFLINE) OF ANY USER OF THIS WEBSITE.
Applicable laws may limit the exclusion of certain warranties or liability for certain types of damages. Therefore, some of the limitations listed above may not be applicable to your situation. However, in no event shall Whipped Creamery® total liability to you for any claims, damages, or loss in contract or tort (including but not limited to negligence) exceed the amount paid by you, if any, for accessing our website.
A failure to enforce any of the terms or conditions located on our website shall not constitute a waiver of any right under these terms or any others for any past or future actions of any party. Furthermore, you represent and warrant that Whipped Creamery® will not be prevented from asserting any term or condition located within this agreement because of a previous lack of enforcement. Only a document signed by an authorized representative of Whipped Creamery® will have any legal effect to waive any of the terms and conditions included within our website.
Unless otherwise noted, all materials, including images, illustrations, designs, icons photographs, video clips, and written and other materials that appear as part of the compilation of this website (collectively the "Contents") are copyrighted materials protected by law, and are the property of Whipped Creamery®, unless otherwise noted. To the extent that we include certain trademarks or service marks owned by other parties, on the website, such trademarks or service marks, copyright, patent and trade secrets are the property of their respective owners. The overall dressing and appearance of the website is the proprietary trade dress of Whipped Creamery®. The Contents of our website, and the website as a whole, are intended solely for personal, noncommercial (other than for the purchase of merchandise from our website) use by the users of our website. You may download or copy approved materials or other downloadable materials displayed on the website for your personal use only. The Contents and other downloadable material may not be used for any commercial or other use. No right, title, or interest in any downloadable materials or software is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or participate in any sale of, or exploit in any way, in whole or in part, any of the Contents, the website, or any related software.
These Terms and Conditions shall remain in full force and effect while you use the website. We reserve the right, in our sole discretion, to terminate your use of the website for any reason, including violation of these Terms of Use, fraudulent, criminal, or illegal behavior, or for no reason at all. We reserve the right to terminate your use of the website without prior notice or liability. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision.
If you have any questions, comments, feedback, or complaints regarding the use of our website or our services, please contact us at:
Whipped Creamery®
514 Oxbow Drive
Grovetown, GA 30813
United States
Phone: 803-535-9344
whippedcreamerytreats@gmail.com