Terms & Conditions
TERMS AND CONDITIONS OF USE
Effective Date: January 03, 2019
SIDECAR DOUGHNUTS & COFFEE (“SIDECAR”) offers this website and its mobile applications (“Site”) to enable you to locate SIDECAR locations, to shop for products online, and to help you learn more about SIDECAR. By using this website, you agree to these terms and conditions. This website is intended only for the use of persons eighteen (18) or older. We reserve the right to modify or update these terms and conditions at any time.
Trademarks: SIDECAR is the owner of numerous trademarks, logos, emblems, and trade dress, all of which are designed to represent the SIDECAR family of products and services. We own several trademarks and service marks registered with the United States Patent and Trademark Office. These include the ‘Sidecar’ logo design and ‘Sidecar Doughnuts and Coffee’ as a Food and Beverage name among others. By using this website, you acknowledge our ownership of our marks and agree not to challenge our rights. You may not use any of SIDECAR marks or trade dress in any manner that would lead to confusion as to the source of any product or service, in any manner that would falsely suggest that SIDECAR is affiliated with, endorses, or sponsors any product or service, or in any manner that would disparage our marks and brand. Our website may include references to marks that belong to other parties. These marks are the property of their respective owners, and we do not authorize your use of any third party’s marks in any way.
Copyright: SIDECAR owns and reserves all right, title, and interest in and to our website. This includes the copyright in the software and code that allows you to operate the website and the copyright in all content including text, graphics, and images. By accessing our Site, we are granting you a limited non-sublicensable and revocable license to use our website for personal noncommercial use. You may not copy, distribute, perform or display publicly, prepare derivative works based from, or use our website except as expressly provided in these terms and conditions unless you receive our prior written permission. You may not use our website to collect data or account or other information. You may not reverse engineer any part of our website. We reserve the right to terminate your license to use this website if you do not comply with these terms and conditions.
Accuracy of Information: We try to do our best to be as accurate as possible with all information on our website and applications, but we do not warrant that all such information, including product descriptions, photos, pricing or other information on the Site is accurate, complete, current, or error-free. All weights and size dimensions are approximate. All features, content, specifications, products and prices of products and services described or depicted on the Sites are subject to change at any time without notice. SIDECAR makes all reasonable efforts to accurately display the attributes of our products, including the applicable colors; however, the actual color you see will depend on your computer system, and we cannot guarantee that your computer will accurately display such colors. The inclusion of any products or services on the Site at any particular time does not imply or warrant that these products or services will be actually available at any particular time.
We may make changes in information about price and availability without notice. The price displayed on the website may differ from the price for the same item sold in store. While it is our practice to confirm orders by email, the receipt of an email order confirmation does not constitute our acceptance of an order or our confirmation of an offer to sell a product or service. In the event of an error, whether on the Site, in an order confirmation, in processing an order, or otherwise, we reserve the right to correct such error and revise your order, or to cancel the order and refund any amount charged. Your sole remedy in the event of an error is to cancel your order and obtain a refund. In the event a product is listed at an incorrect price or with incorrect information due to typographical error or error in pricing or product information, we shall have the right to refuse or cancel any orders placed for product listed at the incorrect price, or to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, we shall immediately issue a credit to your credit card account in the amount of the charge.
User Accounts: To be qualified to have an account with SIDECAR, users of this website must be age eighteen (18) years and older. If you are under the age of eighteen (18), you may not register for access to an account, and may only purchase our products through and with the consent of a parent or guardian. When you register for an account, you hereby represent that:
- You meet the qualifying age requirements above; The information you provide is accurate, current and complete, and you agree to maintain and promptly update your information so that it remains accurate, current and complete; You will be responsible for all activities and transactions that take place and all materials posted by you or anyone using your account; You will be solely responsible for maintaining the secrecy and security of your account and password and for restricting access to your computer.
We reserve the right to terminate any user account or cancel product orders in our discretion.
Qualified users may also sign up to receive promotional emails from us. When you ask to be placed on our email list, you confirm you are over the age of eighteen (18) and you wish to receive promotional emails from us. If you are receiving promotional email from us and would like to be taken off our list, simply click the link at the bottom of any email to unsubscribe.
Reviews and Other Submissions: We allow visitors and our employees to post reviews of our products. We also publish user reviews that we have been permitted to reproduce from other sources, such as social media or other third-party websites. Though we welcome users to share their opinions with others, we do not conduct tests to ensure that experiences described by users are typical. Our employees are allowed but not required to post any reviews. Product reviews by our employees are clearly marked as such. We are proud of our workforce and we compensate employees for their work, but we do not provide incentives to our employees beyond their normal compensation to post product reviews. On occasion, we provide samples of our products to bloggers who post reviews that appear on our website, and we encourage our bloggers to disclose as much.
When you submit material to us (including comments, photographs, and other content) through our website, by email, or through social media, you (a) acknowledge that you have read and agree to these terms and conditions; (b) grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free and fully-paid, transferable (including the unlimited right to sublicense to others) right to use, copy, display, distribute and create derivative works from any content or material you submit; (c) represent that you own all right, title and interest in and to that material; and (d) agree that we may publish all material, including but not limited to material that may contain indicia of your personal identity or that of others. You may not submit content to the Site or use it in any manner that:
- Is offensive, violent, promotes racism, bigotry, hatred, harassment or physical harm of any kind against any group or individual; Is libelous or slanderous; Is intended to cause commercial harm to SIDECAR or to benefit a third party at SIDECAR’s expense; Exploits people in a sexual or violent manner, is pornographic or contains nudity, violence or offensive subject matter or contains a link to a website containing such material; Involves any automated use of the system such as, but not limited to, using scripts to add friends or send comments or messages; Collects others’ names, personal information or contact information by electronic or other means for the purpose of sending unsolicited communications; Constructs any links from any page on our website to any other site on the internet, or frames any page from our website on any other website; Uses any automated or computerized process we have not previously authorized to access, obtain or download data or content; Circumvents or modifies, attempts to or assists another in circumventing or modifying any security technology or software that is part of our website; Interferes with any standard technical measures used by copyright owners to identify and protect copyrighted works; Transmits or disseminates any kind of material that contains viruses, bots, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality or operation of any computer software or hardware or telecommunication systems of third parties, interrupt the normal execution of communications, interfere with or interrupt the services provided on this website otherwise permits the unauthorized use of or access to a computer or a computer network; or
- Uses the website and its services in a manner inconsistent with any and all applicable laws and regulations.
SIDECAR has the right to remove any submitted content for any reason. We may, at our sole discretion, remove any content that violates these terms and or is deemed by SIDECAR to be objectionable or inappropriate for any reason.
Third Party Links: From time to time, the Site may contain links to websites that are not owned, operated or controlled by SIDECAR. All such links are provided only as a convenience to you. If you use these links, you will leave the Site. We are not responsible for any content, materials or other information located on or accessible from any other website(s). We do not endorse, guarantee, or make any representations or warranties regarding any other websites, or any content, materials or other information located or accessible from any other websites, or the results you may obtain from using other websites. If you decide to access other websites linked to or from the Site, you do so at your own risk.
Copyright Infringement Claims and Procedure: We do not permit anyone to post materials on our website that infringe the copyrights of others. We have adopted and will follow the procedures outlined in Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, to address claims that copyright-protected material has been placed on our website without permission from the copyright owner.
Notice to Designated Agent: If you claim ownership of copyright in material posted on our website and you believe that posting it infringes your copyright — or if you are authorized to act on behalf of a person who makes such a claim — you may send us notice of your claim to the following:
SIDECAR DOUGHNUTS & COFFEE
Attn: Customer Service/Designated Copyright Agent
1730 Anaheim Ave
Costa Mesa, CA 92627
If we need, or are required, to contact you concerning any event that involves your information, we may do so by email, telephone, or mail.
ARBITRATION IF A DISPUTE ARISES (“Arbitration Agreement”)
Any legal dispute between you and SIDECAR arising out of these Terms, shall be resolved through binding arbitration unless you opt out of this Arbitration Agreement using the process explained below. You understand and agree that you are waiving your right to sue or go to court to assert or defend your rights under this contract. However, either you or SIDECAR may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, so long as it is brought and maintained as an individual claim. You may opt out of this Arbitration Agreement within the first 60 days after the earliest of the first time you (a) make a purchase from the Site; or (b) you sign up for any service provided by SIDECAR, including without limitation the Rewards Program, by sending a signed letter to SIDECAR, contact information below. The letter should include your printed name, address, and the words “Reject Arbitration.”
Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”). The AAA Rules are available on the AAA’s website www.adr.org, or by calling the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, the parties shall agree to, or the court shall select, another arbitration provider. Unless you and SIDECAR agree otherwise, any arbitration hearing shall take place in Orange County, California. We encourage you to call SIDECAR in advance of filing a claim for arbitration to see if the dispute can be settled prior to arbitration.
All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be personal to you alone and shall not affect any other customer. You and SIDECAR agree that each may bring claims against the other in arbitration, however, only in each party’s respective and individual capacities. You and SIDECAR hereby waive the right to a trial by jury, to assert or participate in a class action lawsuit or class action arbitration, to assert or participate in a private attorney general lawsuit or private attorney general arbitration, and to assert or participate in any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that applicable law precludes enforcement of any of this paragraph’s limitations for a particular cause of action, then that cause of action (and only that cause of action) must remain in court and be severed from any arbitration.
SIDECAR will pay all filing, administrative, arbitrator and hearing costs and waives any rights it may have to recover an award of attorneys’ fees and expenses against you.
This Arbitration Agreement shall be governed by and enforced in accordance with California law. Except as set forth above, if any portion of this Arbitration Agreement is deemed invalid or unenforceable, it will not invalidate the remaining portions of the Arbitration Agreement.
We welcome your feedback, suggestions and other communications regarding our website, as well as the information, products and services made available online. By providing such feedback to us you understand and acknowledge that:
- Any feedback you provide is the exclusive property of SIDECAR; We may use your feedback in any lawful manner we deem appropriate without notice, permission or compensation; and You have assigned to SIDECAR all worldwide rights, title, interests, copyrights and other intellectual property rights in, to and from your feedback.
You should only provide feedback that you wish us to use accordingly.