DISCLAIMER

THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE”, AND “WITH ALL FAULTS” BASIS, WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, KRISPY KREME AND ITS AFFILIATES, SUBSIDIARIES, PARENTS, LICENSORS, LICENSEES, FRANCHISEES, VENDORS, SUPPLIERS, AND RELATED PARTIES (EXCEPT FOR YOU WITH REGARD TO YOUR SUBMISSIONS) AND THEIR RESPECTIVE, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUBSIDIARIES, PARENTS, SERVICES PROVIDERS, SUCCESSORS, ASSIGNS, AND OTHERS ACTING IN CONCERT WITH ANY OF THE FOREGOING (“KRISPY KREME PARTIES”), DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, SUITABILITY, FREEDOM FROM COMPUTER VIRUS, ACCURACY, RELIABILITY, SAFETY, NON-INTERRUPTION, PERFORMANCE, COURSE OF DEALING OR COURSE OF PERFORMANCE, OR COMPLIANCE WITH APPLICABLE LAW.

YOUR USE OF THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS IS AT YOUR RISK. If you are dissatisfied with the Online Services, the Features, Content, Activities, or Programs in any way, or with these Terms, your sole and exclusive remedy is to discontinue accessing and using the Online Services. Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that your access to and use of the Online Services and provision of Submissions are free of viruses or other harmful code.

In addition, when using the Online Services, information will be transmitted over a medium which is beyond the control and jurisdiction of the Krispy Kreme Parties. Accordingly, the Krispy Kreme Parties assume no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Online Services.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, WARRANTIES ARE DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

LIMITATION ON LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE KRISPY KREME PARTIES DISCLAIM ALL LIABILITY, WHETHER BASED IN CONTRACT https://topkrispykrememenu.com/, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY, PRODUCT LIABILITY, OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS, INCLUDING, ACCESS, USE, INABILITY TO USE, OR PERFORMANCE THEREOF. IN NO EVENT SHALL THE KRISPY KREME PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLES) ARISING FROM OR IN ANY WAY RELATING TO THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS, HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY, AND EVEN IF THE KRISPY KREME PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

If it is finally determined by a court of law or an arbitrator that has competent jurisdiction over the matter that the limitation of liability set forth in this section does not apply to you, then you agree that the Krispy Kreme Parties’ total liability in the aggregate for any claims made by you or any third party on your behalf, whether in contract, warranty, or tort (including negligence whether active, passive, or imputed), products liability, strict liability, or other theory, arising out of or in any way relating to these Terms, the Online Services, Features, Content, Activities, and Programs shall not exceed one hundred dollars ($100.00).

THE LIMITATIONS SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THESE TERMS AND YOUR USE OF THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS. ABSENT SUCH LIMITATIONS, KRISPY KREME WOULD NOT PROVIDE YOU WITH THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS.

NOTICE TO CALIFORNIA RESIDENTS

Pursuant to California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights notice:

The name, address and telephone number of the provider of the Online Services is Krispy Kreme Doughnut Corporation, 370 Knollwood Street, Winston-Salem, North Carolina, 27103, (336) 725-2981. Complaints regarding the Online Services or requests to receive further information regarding use of the Online Services may be sent to the above address or to [email protected].

The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.

MODIFICATIONS / SUSPENSION / TERMINATION

Krispy Kreme may at any time, for any reason, in whole or in part, and without notice or liability to you: (a) modify, interrupt, restrict, limit, suspend, discontinue, or terminate operation of or access to the Online Services, Features, Content, Activities, or Programs; (b) change, revise, or modify the Online Services, Features, Content, Activities, or Programs; and/or (c) terminate your authorization to access and use the Online Services, Features, Content, Activities, or Programs.

You agree that Krispy Kreme will not be liable to you or to any third party for any modification, suspension, discontinuance, or termination of the Online Services, Features, Content, Activities, or Programs.

You should retain copies of your Submissions that you may want to save and not rely on the Online Services to preserve your Submissions

INDEMNIFICATION

YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS THE KRISPY KREME PARTIES FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS, DAMAGES, LOSSES, LIABILITIES, AND COSTS AND EXPENSES, INCLUDING ATTORNEYS’ FEES, ARISING FROM OR RELATED TO (A) YOUR SUBMISSIONS AND ACCOUNTS, (B) YOUR ACTIVITIES IN CONNECTION WITH THE ONLINE SERVICES, FEATURES, CONTENT, ACTIVITIES, AND PROGRAMS; OR (C) YOUR BREACH OF ANY OF THE TERMS.

We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and you agree to cooperate with us if and as requested by us in the defense and settlement of such matter. In any case, you agree never to settle any matter for which your indemnification is required absent our prior written consent.

SOLELY INTENDED FOR UNITED STATES USERS

The Online Services are solely for use and access by persons residing in the United States, its territories, and possessions (the “US”). Krispy Kreme controls and operates the Online Services from offices located in the US and makes no representations or warranties that the Online Services, Features, Content, Activities, or Programs are appropriate or available for use or access in any location outside of the US. Anyone using or accessing the Online Services from outside the US does so on their own risk and are responsible for compliance with all applicable laws and regulations, including, without limitation, US and international export control laws and regulations.

WAIVER OF RIGHTS, DISPUTE RESOLUTION; GOVERNING LAW

PLEASE READ THIS SECTION CAREFULLY BECAUSE IT WAIVES OR LIMITS YOUR RIGHTS. REMEMBER THAT USE OF THE ONLINE SERVICES CONSTITUTES ACCEPTANCE OF THESE TERMS, INCLUDING THE PROVISIONS RELATING TO ARBITRATION, GOVERNING LAW, AND DISPUTE RESOLUTION. Waiver of Certain Type of Actions: You acknowledge and agree to waive the following rights in connection with the Online Services:

  1. THE RIGHT TO HAVE THE LAW OF ANY JURISDICTION, OTHER THAN THAT OF THE STATE OF NORTH CAROLINA, U.S.A, APPLY TO A DISPUTE OR ACTION BETWEEN YOU AND KRISPY KREME (WITH THE EXCEPTION OF FEDERAL ARBITRATION LAW, WHICH WILL GOVERN ANY ARBITRATION BETWEEN YOU AND KRISPY KREME).
  2. THE RIGHT TO HAVE A JURY TRIAL.
  3. THE RIGHT TO BRING A COURT ACTION FOR MOST DISPUTES BETWEEN YOU AND KRISPY KREME.
  4. THE RIGHT TO PARTICIPATE IN A CLASS ACTION IN COURT OR IN ARBITRATION, INCLUDING AS A CLASS REPRESENTATIVE OR CLASS MEMBER.
  5. THE RIGHT TO JOIN OR CONSOLIDATE CLAIM(S) INVOLVING YOU WITH CLAIMS INVOLVING ANY OTHER PERSON.
  6. THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN COURT OR IN ARBITRATION.

To the extent that the foregoing waivers or any portion thereof is found to be unenforceable, and if such a finding allows for your claims to brought on non-individual, class action, collective action, representative, or private attorney general basis, you and Krispy Kreme agree that such actions will not be decided in arbitration and must be litigated in a civil court. You irrevocably agree that the federal and state courts located in or for Forsyth County, North Carolina, U.S.A., are the sole and exclusive forum and venue for any claims litigated in a civil court and you agree to submit to the exclusive jurisdiction and venue of such courts.

Governing Law: These Terms and any Disputes (defined below) shall be governed by, and will be construed in accordance with, the laws of the State of North Carolina, U.S.A., without regard to choice of law principles, except as to matters relating to arbitration, which shall be governed by the Federal Arbitration Act.

Agreement to Arbitrate: YOU AND KRISPY KREME AGREE THAT, EXCEPT AS OTHERWISE EXPRESSLY SET FORTH HEREIN, IF THERE IS ANY CONTROVERSY, CLAIM, ACTION, OR DISPUTE ARISING OUT OF, RELATING TO, OR CONNECTED WITH THE ONLINE SERVICES, THESE TERMS (INCLUDING THE VALIDITY, SCOPE, OR ENFORCEABILITY OF THIS AGREEMENT TO ARBITRATE), THE PRIVACY POLICY, OR THE FEATURES, CONTENTS, ACTIVITIES, OR PROGRAMS (COLLECTIVELY, “DISPUTES”), 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.

Notice shall be sent to:

Krispy Kreme Doughnut Corporation P.O. Box 83 Winston-Salem, NC 27102

  • Notice to Krispy Kreme: You must send notice (1) by electronic mail to [email protected] and (2) by first-class or certified mail to:
  • Notice to You: We will send notice by (1) first class or certified mail to the physical address we have on file for you (if any) and (2) by electronic mail to the email address we have on file for you (if any). If we do not have a physical or email address on file for you, or if we are, for any reason, unable to provide notice via the contact information on file, we reserve the right to provide notice by such means as we deem reasonable.

Both you and Krispy Kreme agree that this dispute resolution procedure is a condition precedent that must be satisfied before initiating any litigation or filing any claim against the other party. IF ANY DISPUTE CANNOT BE RESOLVED BY THE ABOVE DISPUTE RESOLUTION PROCEDURE, YOU AGREE THAT SUCH DISPUTE MUST BE EXCLUSIVELY RESOLVED UNDER CONFIDENTIAL, BINDING, INDIVIDUAL, ARBITRATION. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. OTHER RIGHTS THAT YOU AND WE WOULD OTHERWISE HAVE IN COURT WILL NOT BE AVAILABLE OR WILL BE MORE LIMITED IN ARBITRATION, INCLUDING DISCOVERY AND APPEAL RIGHTS.

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate) before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and Krispy Kreme agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court, provided that the arbitrator’s award of damages must be consistent with the terms of the “Limitation of Liability.” The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Notwithstanding the foregoing, in lieu of arbitration either you or Krispy Kreme may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.

Waiver of Jury Trial: YOU AND KRISPY KREME HEREBY IRREVOCABLY WAIVE ANY AND ALL RIGHT TO A TRIAL BY JURY WITH REGARD TO ANY DISPUTE.

FORCE MAJEURE

Krispy Kreme shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, fire, severe weather conditions, flood, earthquake, accidents, strikes, war, terrorism, governmental act, failure of or interruption in common carriers (including without limitation Internet service providers and web hosting providers) or utilities, or shortages of transportation facilities, fuel, energy, labor, or materials.

MISCELLANEOUS

Except as expressly provided otherwise in these Terms, if any provision of these Terms is held to be illegal, invalid, void, or unenforceable for any reason, then that provision shall be deemed severable from these Terms and shall not impact the validity and enforceability of these Terms and the remaining provisions. The failure of Krispy Kreme to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit Krispy Kreme’s rights with respect to such breach or any subsequent breaches. Neither the course of conduct between the parties nor trade practice shall act to modify these Terms. Only a specific, written waiver of any of the provisions of these Terms, signed by the Chief Executive Officer of Krispy Kreme, shall have any legal effect. You may not assign or transfer any of your rights or obligations under these Terms, in any way, whether by operation of law or otherwise. All of Krispy Kreme’s rights and obligations under these Terms are freely assignable and transferable for any reason, including, without limitation, in connection with a merger, acquisition, reorganization, corporate transaction, sale of assets, by operation of law, or otherwise.

Headings contained in these Terms are inserted for convenience of reference only and shall not in any way define or affect the meaning, construction, or scope of any of the provisions contained in these Terms. In these Terms, the words “include,” “includes,” and “including” are used in an illustrative sense and shall not limit the generality of the language preceding such term. Any limited or specific disclaimers or limitations of liability found in these Terms shall not limit the effect, forth, or breadth of any other disclaimers or limitations of liability in these Terms.

ENTIRE AGREEMENT

These Terms, together with the Privacy Policy, constitute the entire agreement between Krispy Kreme and you with respect to your use of the Online Services, Features, Content, Activities, and Programs, and supersede all previous written or oral agreements between us and you with respect to such subject matter.