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These Terms and Conditions govern: (1) your access and use of the websites, applications, and other digital properties managed and owned by Crumbl, LLC and its subsidiaries and affiliates (collectively, "Crumbl", "we", "us", or "our") (collectively, "Sites"); and (2) when your access and use of Crumbl products and services, including when you visit a Crumbl physical store location ("Products"). The Sites and Products are collectively referred to herein as the "Services".

Introduction

By providing your mobile number or email, you consent to receive transactional and marketing messages from Crumbl. Message and data rates may apply. You may opt out at any time.

Mobile / SMS Terms / E-Mail

We have the right to monitor use of the Services and to take appropriate legal action, including termination of your access, for any conduct we deem in our sole discretion to be in violation of these Terms and Conditions or otherwise harmful.

Monitoring and Enforcement; Termination

Products and services offered through the Services are subject to availability and we reserve the right to modify or discontinue them at any time.

Products and Services

We do not warrant the accuracy, completeness, or usefulness of any information on the Services. You rely on such information at your own risk.

Reliance on Information / Disclaimer of Accuracy of Information

Your use of the Services is also governed by our Privacy Policy. Please review our Privacy Policy to understand our practices.

Privacy

The Services may contain links to third-party sites. We are not responsible for the content or practices of linked sites.

Links from the Services

The Services are provided "as is" and "as available" without warranties of any kind, either express or implied. We disclaim all warranties to the fullest extent permitted by law.

Disclaimer of Warranties

To the fullest extent permitted by law, Crumbl shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of or related to your use of the Services.

Limitation on Liability

You agree to indemnify and hold harmless Crumbl and its officers, directors, employees, and agents from any claims, damages, or expenses arising from your use of the Services or violation of these Terms and Conditions.

Indemnification

We shall not be liable for any failure or delay in performing our obligations where such failure or delay results from circumstances beyond our reasonable control.

Force Majeure

Please read these Terms and Conditions carefully before you access and use the Services. By ACCESSING AND using the SERVICES you accept and agree to be bound and abide by these Terms and Conditions. If you do not want to agree to these Terms and Conditions, you must not access or use the Services, or discontinue any access or use of the Services.

Acceptance

This section applies to the extent you are engaging with our Services from the US. Disputes between you and Crumbl shall be resolved by binding individual arbitration, not in court. You and Crumbl agree to waive the right to a trial by jury and to participate in class actions. You may opt out of arbitration by sending a written notice to privacy@crumbl.com within 30 days of your first use of the Services. For full details on the dispute resolution process, arbitration procedures, and fees, see the full Terms and Conditions.

Dispute Resolution, Arbitration, Class-Action Waiver, Jury Waiver

California users are entitled to the following consumer rights notice: The Services are provided by Crumbl. If you have a question or complaint regarding the Services, please contact us by writing to privacy@crumbl.com. California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by post at 1625 North Market Blvd., Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210 or Hearing Impaired at TDD (800) 326-2297 or TDD (916) 322-1700.

California Consumer Notice

This Agreement will be governed by and construed in accordance with the laws of the State of Utah, without regard to its conflict of law provisions. You agree to submit to the exclusive jurisdiction of the courts located in the State of Utah.

Governing Law; Jurisdiction and Venue

Our failure to enforce any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision is held to be invalid or unenforceable, the remaining provisions shall remain in effect.

Waiver and Severability

These Terms and Conditions constitute the sole and entire agreement between you and Crumbl regarding the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Services.

Entire Agreement

All other feedback, comments, requests for technical support, and other communications relating to the Services should be directed to: privacy@crumbl.com.

Contact Us

Once your order is packed and given to the shipping courier (USPS, UPS, Fedex, or DHL), the ultimate delivery of that package is expected but out of our direct control. If your order shows fulfilled in our system and shows delivered via courier tracking number but you do not have your product for any reason, we reserve the right at our sole discretion to determine if to re-ship your order. Our team may require an additional shipping fee in order to re-ship. In addition, approved re-shipments may not happen more than once per order. Lastly, all re-shipment requests must be made within 30 days of your order showing fulfilled in our system. After that time we are unable to re-ship under any circumstances. Please reach out to delivery@crumbl.com if you need assistance with a shipment that has not arrived to you.

Courier Specific Delivery Errors

All discount codes and related promotional pricing are applicable only when applied specifically by the customer during the checkout process on the Services. Orders placed prior to a sale or other promotion will not be eligible for future sales or promotions, regardless of whether the order in question has shipped or has arrived to the customer. In addition, coupon codes that are valid during a particular purchase but not specifically input by the customer during checkout cannot be applied to that order after the sale is complete.

Product Discount Application

Automatic Renewal of Subscriptions. Products enrolled in an automatic renewal subscription will automatically renew at the conclusion of your initial subscription term for subsequent terms, unless and until either you or Crumbl cancel your subscription.

By signing up for automatic renewal of your subscription, you agree that your subscription will be automatically renewed and, unless you cancel your subscription, you authorize Crumbl to charge your payment method for the renewal term. You will receive an e-mail confirming your enrollment in auto-renewal. You will be sent a notice 30 days in advance of your renewal date, or another date as required by applicable law.

Subscriptions

For more information about our additional policies, please see our PRIVACY POLICY.

Additional Policies

IF YOU ARE ENGAGING WITH OUR SERVICES FROM THE UNITED STATES ("US"), YOU AGREE THAT DISPUTES BETWEEN YOU AND CRUMBL CONCERNING YOUR ACCESS AND USE OF THE SERVICES WILL BE RESOLVED BY THE DISPUTE RESOLUTION PROCESSES DESCRIBED IN SECTION 22 BELOW. YOU ALSO AGREE TO WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. FOR MORE DETAILS ON THIS PROCESS, AND HOW YOU CAN OPT-OUT, SEE SECTION 22 BELOW.

Arbitration And Class Action Waiver Notice

By using the Services, you acknowledge that our Sites may utilize third-party cookies, pixels and related technologies from time to time. These third parties may include those that provide us with analytics and marketing services (e.g., companies like Google, Meta and others), as well as third parties that may provide us services such as payment processing (e.g., companies like Stripe), and other related service providers. By using our Services, you acknowledge that you understand our Sites may use these services and consent to their collection of information from your device or use of the Services. To learn more about how this information is collected and used, please see our Privacy Policy.

Third Party Cookies And Pixels Notice

The Services are offered and available to individuals who are 18 years of age or the age of consent in the state of your residence. If you do not meet all of these requirements, you must not access or use the Services.

Eligibility

We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to your access and use of the Services thereafter. Your continued use of the Services following the posting of revised Terms and Conditions means that you accept and agree to the changes, unless otherwise required by law.

Changes

Creating an Account. You can create an account with Crumbl. To create an account, you will be required to submit your first name, last name, e-mail address and password. To learn more about how we use this information, please see our Privacy Policy. It is a condition of your use of the Services that all information you provide through the Services is correct, current, complete, and free from any viruses, unlawful, or otherwise harmful information.

Account Confidentiality. You must treat your account username and password as confidential and must not disclose such information to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Services or portions of it using your username, password, or other related information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security of such information. You also agree to ensure that you exit from your account at the end of each session on our Services. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Disabling the Account. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you or any other user has violated any provision of these Terms and Conditions.

Keeping the Account Active. We have the right to disable any account that is deemed to be inactive by us in our sole discretion.

Fraudulent Use. If we reasonably suspect that your account is at risk of being used by a third party fraudulently (for example, as a result of an account compromise), we may suspend your account until you can reclaim ownership. Based on the nature of the compromise, we may be required to disable access. We reserve the right to disable any account that is deemed to have been potentially or actively compromised in our sole discretion.

Account Ownership. You understand and acknowledge that you have no ownership rights in your account on the Services, and that if you cancel your account or your account is terminated, all information you have submitted as part of your account will be marked as deleted in and may be deleted from our systems. Information may be retained in our sole discretion.

Accounts

Protected Materials. The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, "Materials") are owned by Crumbl, its licensors, or other providers of such material and are protected by US and other international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

Marks. The trademarks, service marks, trade dress, trade names, and logos contained on the Services, including but not limited to the Crumbl name and logo and other trademarks registered in the United States (collectively, "Marks") are the sole property of Crumbl. In addition, all page headers, custom graphics, and custom icons are Marks of Crumbl.

Limited Use. These Terms and Conditions permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as follows: Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials. You may store files that are automatically cached by your Web browser for display enhancement purposes. You may print or download one copy of a reasonable number of pages of the Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution. If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

Prohibited Uses. You must not: Modify copies of any materials from our Services. Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text. Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from the Sites. Access or use for any commercial purposes any part of the Services or content contained therein.

Termination of Access. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Services in breach of the Terms and Conditions, your right to use the Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Services or any content on the Services is transferred to you, and all rights not expressly granted are reserved by Crumbl. Any use of the Services not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.

Trademark and Acceptable Use

Copyright Infringement Notice. Pursuant to the Digital Millennium Copyright Act (17 U.S.C. § 512), Crumbl has implemented procedures for receiving written notification of claimed infringements. Crumbl has also designated an agent to receive notices of claimed copyright infringement. If you believe in good faith that your copyright has been infringed, you may submit such a request to privacy@crumbl.com containing the following information: An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A description of the copyrighted work that you claim has been infringed; A description specifying the location on our website of the material that you claim is infringing; Your email address and your mailing address and/or telephone number; A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

Counter-Notice. If you believe that a notice of copyright infringement has been improperly submitted against you, you may submit a Counter-Notice, pursuant to the Digital Millennium Copyright Act, by sending a Counter-Notice to privacy@crumbl.com containing the following information: Your physical or electronic signature; Identification of the material removed or to which access has been disabled; A statement under penalty of perjury that you have a good faith belief that removal or disablement of the material was a mistake or that the material was misidentified; Your full name, your email address, and your mailing address.

Notice of Copyright Infringement

You may use the Services only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Services in any way that violates any applicable federal, state, local, or international law or regulation; in any way that infringes upon the rights of others; to transmit any harmful or malicious code; to impersonate or attempt to impersonate Crumbl, a Crumbl employee, another user, or any other person or entity; to engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services; or for any other purpose that is unlawful or prohibited by these Terms and Conditions.

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