These Terms constitute an agreement between BR IP Holder LLC and its affiliates (collectively, “Baskin-Robbins” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records. You are not authorized to use the BR Online Services if you do not agree to be bound by these Terms. Be sure to check this page periodically for updates, as your continued use of the BR Online Services signifies your acceptance of any changed items.
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 by through the BR Online Services, including mobile applications, , sweepstakes and other prize 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. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail.
2. Changes to Terms
We may change these Terms so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the BR Online Services. If you are a registered user or are on our electronic mailing list, we may also notify you of such material changes via email. We may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of the BR Online Services. By continuing to use the BR Online Services after such notice and/or acceptance, you agree to be bound by these Terms as modified. All changes are effective when we post them and apply to your access and use of the BR Online services thereafter. Changes to the Dispute Resolution provisions (Section 18 below) do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.
3. Users and Accounts
The BR Online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE BR ONLINE SERVICES. By accessing, using and/or submitting information to or through the BR Online Services, you represent that you are at least age 13.
Anyone between age thirteen (13) and eighteen (18) may only use the BR Online Services under the supervision and with the consent of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER’S ACCESS TO AND USE OF THE BRONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
You may need to create and register an account in order to use certain BR Online Services. The term “Member” as used in these Terms means an individual user of the BR Online Services who creates a Baskin-Robbins account (“Account“) by providing his/her name, password, valid email address, zip code of his/her primary residence and date of birth. Groups, clubs or organizations cannot be Members.
When creating an Account or updating your Account profile (“Profile“), you may choose to add a family member’s (“Family Member“) name, birthdate, and relationship to your Profile to receive additional Member benefits to enjoy with your Family Member. If you choose to utilize this feature of your Account, you hereby represent that you have received appropriate permission to use and provide your Family Member’s information to us, and Family Member information may be retained indefinitely in our database for our business purposes. If you choose to remove a Family Member from your Profile, you will no longer receive Member benefits related to that Family Member. We reserve the right to limit the number of Family Members that can be added to your Account.
From time to time, Baskin-Robbins may make special offers available to Members. These offers may be communicated using various means including electronic communication, email, SMS text messages or direct mail (see Section 9.3 below for more information about our SMS offers). These special offers may be subject to specific terms, restrictions and conditions.
Members are responsible for keeping their Accounts up-to-date to ensure they receive program news, offers, and coupons. We are not responsible for any news, coupon or other offer sent to an incorrect or incomplete email address if your email address is not up-to-date in your Account at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, postage-due or illegible mailings or other communications. We reserve the right to correct and not honor errors made in our communications with you.
Creating an Account does not guarantee receipt of all news and offers or the availability to you of any promotional offer. Our Member benefits are subject to change or termination without notice.
In creating an Account, you agree to:
create only one Account;
provide honest, accurate, current and complete information about yourself;
keep your Profile and other Account information updated and accurate;
keep your account password private and not share it with others; and
notify Baskin-Robbins if you discover or suspect that your Account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any Account registered to you and you accept all risks for any unauthorized use of your Account, except unauthorized use of your Account that results from Baskin-Robbins’ failure to implement reasonable safeguards designed to prevent loss, misuse and unauthorized access, disclosure or modification of personal information provided or collected through our BR Online Services.
You are responsible for providing the equipment and services that you need to access and use the BR Online Services. We do not guarantee that the BR Online Services are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the BR Online Services or any component of them and to block or prevent future access to and use of the BR Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the BR Online Services will survive such termination.
4. Personal Use
The BR Online Services are owned by Baskin-Robbins and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the BR Online Services. You may not save or archive a significant portion of the material appearing in or on the BR Online Services. All rights not expressly granted herein are reserved by Baskin-Robbins.
6. Responsible Use of BR Online Services
You may use the BR Online Services for lawful purposes and in accordance with these Terms. You may not use the BR Online Services:
for any purpose that is unlawful or prohibited by these Terms;
to cause harm or damage to any person or entity;
interfere with the proper operation of the BR Online Services; or
to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Baskin-Robbins in its sole discretion).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BASKIN-ROBBINS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY BR ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
7. Provisions of BR Online Services
We are constantly improving the BR Online Services to provide the best possible experience for you and other users. You acknowledge and agree that the BR Online Services, or certain features of the BR Online Services, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current BR Online Services is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the BR Online Services or stop (permanently or temporarily) providing the BR Online Services (or any feature, program or content within the BR Online Services) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the BR Online Services at any time. You do not need to specifically inform us when you stop using the BR Online Services.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the BR Online Services, your account details, or any files or other content which are contained in your account.
If you use a mobile device to access the BR Online Services, the following additional terms and conditions (“Mobile Terms“) also apply:
You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the BR Online Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
When you opted in to participate in one of our text message programs, you provided your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate shortcode.
Message frequency depends on the program.
YOUR ACCESS TO AND USE OF THE BR ONLINE SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
8. Product Sales and Availability
All products displayed on the BR Online Services are available only within the United States, and may not be available in all locations. All prices displayed on the site are quoted in U.S. Dollars and are valid and effective only in the United States. Baskin-Robbins reserves the right without prior notice to discontinue or change specifications on products and services offered through the BR Online Services.
9. Service-Specific Terms and Conditions
9.1. Baskin-Robbins Birthday Club
Birthday Coupons: Each Member who has (a) provided us with his/her birthday and (b) opted-in to receive our email communications will receive an email coupon for free product or a product discount at BR’s discretion, on or about his/her birthday at participating Baskin-Robbins shops (“Birthday Coupon“). Your Birthday Coupon will be sent to you by email to the email address associated with your Account. Limit of one Birthday Coupon per person per Account.
Birthday Coupons are: valid only at participating Baskin-Robbins shops, void where prohibited, restricted or taxed or if obtained through unauthorized channels; subject to all terms and conditions printed on them; not exchangeable or refundable for cash; and not valid with any other offer. Baskin-Robbins is not responsible for and will not replace late, lost, stolen, damaged, expired, undelivered or undeliverable Birthday Coupons. We reserve the right to modify, suspend or terminate the terms and availability of the Birthday Club Coupons at any time for any reason.
9.2. Baskin-Robbins Mobile Application
If you choose to download the Mobile App, you must accept these terms which will govern your use of the Mobile App in addition to these Terms.
The “Deals” section of the Mobile App makes special offers available from time to time (“App Offers“). App Offers may be based on your particular location or purchasing history using the Mobile App, and may only be available for a limited period of time. App Offers are only available in participating locations and may be subject to additional terms and conditions, as described in the App Offer. These App Offers and the “Deals” section of the App are integrated features of the Mobile App. If any App Offer is identified as a “Location-based Offer”, the Location-based Offer will only appear in the “Deals” section of the Mobile App and only if your mobile device’s GPS/location settings are enabled and you are in a location where the Location-based Offer is valid. If you do not wish to receive App Offers, you must delete the Mobile App from your mobile device(s).
The Mobile App is designed to integrate with several elements of your device’s native functionality. Accordingly, if you choose not to enable your device’s GPS/location settings, push notifications, not all features of the Mobile App may be available to you. To opt-out of receiving push notifications from the Baskin-Robbins Mobile Application (“Mobile App”), visit the settings section of your device and disable push notifications for the Mobile App.
9.3. Baskin-Robbins SMS Program
Yay! Baskin-Robbins is proud to offer mobile text alerts. Ice cream lovers of all ages can sign up to receive offers through their mobile phone. And now, you can get all your favorite offers, coupons and more via text message. The following terms and conditions govern your use of this mobile text alert service (the “SMS Service“). Your use of any aspect of the SMS Service will constitute your agreement to comply with these terms and conditions.
9.3.1. Service Description, Opt-in, and Message Frequency
The SMS Service offers text message special Baskin-Robbins offers delivered to your phone. You can signup for the SMS Service by adding your phone number to your Account Profile and confirming in you have elected to opt-in to receive special offers from us via SMS. You may also text 31310 to enroll. You will then receive an SMS text message requiring confirmation response from your mobile. Your text message confirmation response will constitute agreement to comply with these terms and conditions. Baskin-Robbins will send no more than ten text messages per month containing special offers from Baskin-Robbins, affiliates, and licensors.
9.3.2. Participating Carriers and Fees
Standart messaging charges apply. Other costs may apply, please consult with your cell phone plan or service provider to verify service costs. All charges are billed by and payable to your mobile service provider
9.3.3. Opt-out and Support
Text “STOP” to 31310 from your mobile phone and we will unsubscribe you from our SMS text messaging service immediately. You will receive an OPT OUT confirmation message and will not receive any additional messages until you re-register on our website OR you initiate additional text requests to the 31310 short code.
From your mobile phone, you may request additional information at any time by texting HELP to 31310.
9.3.4. Contact Information
You agree that the cell phone number you enter in the SMS Service is registered in your name, and that you will not initiate messages to the cell phone of any other person or entity.
You agree not to modify the format or branding of the content provided in the SMS Service (“Content“), or to add any materials, including any advertisements or other promotional content, to such Content. The Content is owned by us, our affiliates or licensors and is protected by intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to download and use the Content on a designated compatible mobile device, solely for your own personal, non-commercial use. You shall not reproduce, modify, perform, transfer, distribute, sell, create derivative works of or otherwise use or make available the Content or the SMS Service except as expressly provided for in this Agreement.
We provide the SMS Service “as is” and shall not be held liable for your use of the information, content, or material contained therein. We will not be liable for any delays in the receipt of any messages as delivery is subject to effective transmission from your network operator. TO THE FULLEST EXTENT ALLOWED BY LAW, WE DISCLAIM ALL WARRANTIES WITH REGARD TO THE SERVICE, INCLUDING WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE. This section shall not apply to residents of New Jersey.
10. Baskin-Robbins Cards
The following terms and conditions below govern use of a Baskin-Robbins Card:
Cards are good only toward purchase of Baskin-Robbins or Dunkin’ Donuts products at participating US Baskin-Robbins or Dunkin Donuts locations. No expiration date or management fees. The purchase and/or reload of a Baskin-Robbins Card or Dunkin’ Donuts Card with another Baskin-Robbins Card is prohibited. Card value may not be redeemed for cash, check or credit, unless required by law. Use of card constitutes acceptance of these terms. We are not responsible for lost or stolen cards. This card may not be resold by any unauthorized vendors. Unauthorized resale or attempted resale is grounds for cancellation. Cards obtained through unauthorized channels will be void. Card issued by SVC Service II Inc. Call 1-888-729-2489 to check the balance on the card or for customer service (please have card number ready). © 2012 DD IP Holder LLC. BR IP Holder LLC. All rights reserved.
10.2. Baskin-Robbins Cards.
You may purchase and send a Baskin-Robbins Card to yourself or as a gift using the “Gift” functionality (sometimes referred to as “mGift” or “eGift”) through the Mobile App (“Mobile App“). When using the “Gift” functionality, you are the “Gift Sender” and the individual person receiving the Baskin-Robbins Card is the “Gift Recipient”. Use of the Gift functionality constitutes acceptance of these terms by both Gift Sender and Gift Recipient. The Baskin-Robbins Card terms and conditions above, as well as the additional terms and conditions below, apply to all transactions.
10.2.1. Sending a Baskin-Robbins Card.
You may send a Dunkin’ Donuts Card using various means including email or text message. If you send a Baskin-Robbins Card using a text message, standard message rates will apply to both the Gift Sender and Gift Recipient. Text messages sent to an international phone number are subject to international messaging rates. A Baskin-Robbins Card is valid only for purchase of Dunkin’ Donuts’ or Baskin-Robbins products at participating US locations.
10.2.2. Baskin-Robbins Card Delivery.
Gift Sender is responsible for ensuring that the address of Gift Recipient is correct. We are not responsible and have no liability for any Baskin-Robbins Card that is undeliverable, not received by Gift Recipient or claimed by someone other than Gift Recipient as a result of inaccurate information provided by Gift Sender. You may not return or cancel your Baskin-Robbins Gift after it is received. Please contact Customer Support (with your email address) if you believe the delivery address is incorrect or if you have questions about whether you may cancel your order.
10.2.3. Personalized Messaging.
Gift Sender may add a personal message (character-limited) to the Baskin-Robbins mGift at no additional charge by typing the message in the applicable message field. Inappropriate, offensive or otherwise objectionable messages are prohibited. We are not responsible for the content of any personalized message.
11. Baskin-Robbins Disclaimer of Warranty and Limitation of Liability
Under no circumstances shall Baskin-Robbins be liable for any damages or injury, including any direct, special, incidental, consequential, punitive or other damages, that may result from the use of, or the inability to use, the BR Online Services or any materials therein, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of the BR Online Services or information available through the BR Online Services. Baskin-Robbins shall not be liable even if Baskin-Robbins or a Baskin-Robbins authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
In no event will Baskin-Robbins and its parent’s or affiliates’ total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the BR Online Services or $100, whichever is less. You agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.
Nothing in these Terms will exclude or limit Baskin-Robbins’ liability for death or personal injury caused by our negligence.
This section shall not apply to residents of New Jersey.
12. Copyright and Trademark
Unless otherwise noted, all materials on the BR Online Services are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by BR IP Holder LLC (“Baskin-Robbins”) and/or its subsidiaries and affiliates or by other parties that have licensed their material to Baskin-Robbins.
Baskin-Robbins marks on the BR Online Services represent some of the marks currently owned or controlled in the United States and/or in one or more other countries by Baskin-Robbins or under license to Baskin-Robbins. The display of these marks and of notices associated with these marks is not intended to be a comprehensive compilation of all Baskin-Robbins worldwide proprietary ownership rights, and Baskin-Robbins may own or control other proprietary rights in one or more countries outside of the United States.
This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, or otherwise exploited for any commercial purpose that is not expressly permitted by Baskin-Robbins. You may not use the BR Online Services for any purpose that is unlawful or prohibited by this agreement, or cause damage on or through the BR Online Services.
13. Digital Millennium Copyright Act (“DMCA”) Policy
This DMCA statement constitutes part of the legal terms and conditions governing all users of the BR Online Services. In compliance with the DMCA (Title 17, United States Code), Baskin-Robbins will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. Baskin-Robbins also reserves the right to remove and disable access to any user-posted material which, in Baskin-Robbins’ sole judgment, may be infringing or violating another’s intellectual property right, whether or not Baskin-Robbins has been notified by the rights holder.
13.1. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Baskin-Robbins has adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by Baskin-Robbins to be repeat infringers. Baskin-Robbins may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another’s intellectual property right, whether or not there is repeat infringement.
13.2. Designated Agent
In compliance with the DMCA, the Designated Agent for Baskin-Robbins to receive notifications of claimed infringement relating to any of the BR Online Services is Terry Ursino, Trademark Manager.
By mail: Dunkin’ Brands, Inc., 130 Royall Street, Canton, MA 02021
By telephone: 781-737-5132
By fax: 781-737- 6132
By email: email@example.com
13.3. Notice of Claimed Copyright Infringement
If you believe that your copyright has been infringed or violated by any material posted on any of the BR Online Services, please notify our Designated Agent listed above in writing and provide the following requisite information:
13.3.1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
13.3.2. Identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
13.3.3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
13.3.4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
13.3.5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
13.3.6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13.4. Counter-Notification to Claimed Copyright Infringement
Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any of the BR Online Services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
13.4.1. Your physical or electronic signature;
13.4.2. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
13.4.3. A statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
13.4.4. Your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Massachusetts, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If Baskin-Robbins receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
13.5. Liability for Misrepresentation under the DMCA
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys’ fees, incurred by the alleged infringer, by any copyright owner or copyright owner’s authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Accordingly, if you are not sure whether certain material or activity infringes your or another’s copyright, please consult with a qualified attorney.
14. Third Party Links and Services
14.1. Third Party Links
The BR Online Services may link to, interact with or be available on third-party services or products (“Third Party Services”) such as social media providers and third-party devices. If you access such third-party services or products, be aware that different terms and privacy policies may apply to your usage of such services.
Third Party Services may also link to the BR Online Services in ways that are beyond our control. We cannot control the content, functionality or accuracy of Third Party Services, even if someone from Baskin-Robbins occasionally visits those websites, is quoted, or leaves a comment. We are not responsible for the accuracy or reliability of the information on Third Party Services and cannot vouch for the data, opinions, advice or statements made there. Further, we are not responsible for the goods or services that may be offered through Third Party Services.
14.2. Third Party Social Networking Services and Logins
14.3. Third Party Products
The BR Online Services may be accessed on third-party devices or other products (“Third Party Products“). We have no responsibility for your acquisition or use of any Third-Party Products, and we do not guarantee that Third-Party Products will function with the Services or will be error-free. We hereby disclaim liability for all Third-Party Products, including any Third-Party Products offered by our partners.
15. Errors and Inaccuracies
The BR Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the BR Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of color or other product features is accurate. If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund.
16. Feedback and Submissions
Unfortunately, Baskin-Robbins is unable to accept unsolicited ideas. But thanks for thinking of us. By submitting any material to us through any of the BR Online Services, you expressly grant to Baskin-Robbins and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Baskin-Robbins and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise (“your identification“), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called “moral rights” have been waived.
17. Geographical Scope of Baskin-Robbins Online Services
Baskin-Robbins controls and operates the BR Online Services from within the United States. Unless otherwise specified on any BR Online Services, the BR Online Services are intended to promote only those Baskin-Robbins products that are sold by Baskin-Robbins in the United States; Baskin-Robbins makes no representation that the materials in the BR Online Services or the products described thereby are appropriate or available for use in other locations. If you access the BR Online Services from outside the United States, be advised the BR Online Services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of the BR Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the BR Online Services. The BR Online Services are not intended for distribution to, or use by, any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation, or which that would subject Baskin-Robbins or its affiliates to any registration requirement within such jurisdiction or country.
18. Governing Law
These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law principles.
This section shall not apply to residents of New Jersey.
19. Dispute Resolution
YOU AND BASKIN-ROBBINS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
You hereby agree that any dispute between you and BR IP Holder, LLC and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Baskin-Robbins“) arising from or relating to (a) your use of the BR Online Services, (b) these Terms and their interpretation or the breach, termination or validity thereof and (c)the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, “Covered Disputes“), will be settled by binding arbitration in Suffolk County, Commonwealth of Massachusetts administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days’ advanced written notice of its intent to file for arbitration. Baskin-Robbins will provide such notice by e-mail to your e-mail address on file with Baskin-Robbins and you must provide such notice by e-mail to firstname.lastname@example.org with “Legal Dispute” appearing in the subject line. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Baskin-Robbins will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Baskin-Robbins for all fees associated with the arbitration that Baskin-Robbins paid on your behalf, which you otherwise would be obligated to pay under the AAA’s rules.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Baskin-Robbins and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Baskin-Robbins nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis.
If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). If these arbitration provisions are found to be entirely unenforceable, then all disputes between us arising under the Terms or your use of the BR Online Services will be subject to the jurisdiction of the state and federal courts located in Boston, Massachusetts, and you and we hereby submit to the personal jurisdiction and venue of these courts. Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
EXCEPT AS OTHERWISE EXPRESSLY STATED WITH RESPECT TO OUR PRODUCTS, ALL CONTENTS OF THE SITE ARE OFFERED ON AN “AS IS” BASIS WITHOUT ANY WARRANTY WHATSOEVER EITHER EXPRESS OR IMPLIED. BASKIN-ROBBINS MAKES NO REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
BASKIN-ROBBINS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS WEB SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE ACCURATE AND TIMELY INFORMATION ABOUT BASKIN-ROBBINS ON THIS SITE, YOU SHOULD NOT ASSUME THAT THE INFORMATION PROVIDED IS ALWAYS UP TO DATE OR THAT THIS SITE CONTAINS ALL THE RELEVANT INFORMATION AVAILABLE ABOUT BASKIN-ROBBINS. BASKIN-ROBBINS UNDERTAKES NO OBLIGATION TO VERIFY OR MAINTAIN THE CURRENCY OF SUCH INFORMATION. IN PARTICULAR, IF YOU ARE MAKING AN INVESTMENT DECISION REGARDING BASKIN-ROBBINS, PLEASE CONSULT A NUMBER OF DIFFERENT SOURCES, INCLUDING BASKIN-ROBBINS FILINGS WITH THE SECURITIES AND EXCHANGE COMMISSION.
Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you.
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the BR Online Services by any authority.
22. Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the BR Online Services is:
Dunkin’ Brands, Inc.,
130 Royall Street, Canton, MA 02021.
To file a complaint regarding the BR Online Services or to receive further information regarding use of the BR Online Services, send a letter to the above address or contact Baskin Robbins via e-mail (with “California Resident Request” as the Subject Line) at [insert contact email]. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916.445.1254 or 800.952.5210.
23. California Transparency in Supply Chains
We are dedicated to conducting business in compliance with all laws, regulations and ethics of fairness and human decency, both nationally and internationally. We seek to use suppliers who share our commitments, and agree to abide by our supplier code of conduct.
We screen suppliers on many business related criteria as well as their compliance with matters of law. We seek partners that comply with government regulations, including those concerning human ethics. Our suppliers are required to acknowledge, and agree to, our Supplier Code of Conduct.
We conduct periodic on-site, announced and unannounced, visits to our manufacturing and distribution facilities around the globe, during which our employees, third party auditors and other designated associates inspect facilities and observe conditions, workers and practices as well as the suppliers compliance with our supplier Quality management systems, Supplier Code of Conduct or contract terms, as applicable.
We maintain accountability standards, including a Code of Conduct for our employees and a supplier Code of Conduct for our suppliers. If we determine that our employees or suppliers are engaged in slavery or human trafficking, our employees will be disciplined, up to and including termination, and our supplier relationships terminated.
All of our employees who are involved in supplier management are trained annually on administering our supplier Code of Conduct. In addition, all employees participate in an annual employee Code of Conduct training.
24. General Provisions
No delay or failure on the part of Baskin-Robbins to enforce any part of these Terms shall constitute a waiver of any of Baskin-Robbins’s rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Baskin-Robbins nor the reliance of any person on Baskin-Robbins’s actions shall be deemed to constitute a waiver of any part of these Terms. Only a specific, written waiver signed by an authorized representative of Baskin-Robbins shall have any legal effect whatsoever. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
All names, designs, logos and related marks are trademarks of BR IP Holder LLC.© 2005-2016 BR IP Holder LLC. All rights reserved.
Last Updated: May 2016