EFFECTIVE & LAST MODIFIED November 20, 2024
TERMS AND CONDITIONS
These terms and conditions contain all the scary legal stuff our legal team requires us to say. We recommend reading this over a flaky biscuit and a cup of our Maple Tap coffee.
(A) Agincourt Industries, LLC d/b/a Maple Street Biscuit Company (“Maple Street”, “we”, “us and “our") offers you access to its interactive online websites, applications and services. These Terms of Use, together with our Privacy Policy and any additional terms which might apply to certain products or services, govern your use of our websites (“Website”) or any of our mobile widgets or other applications (“Applications”) together, our “Services”. Our Services include www.MapleStreetBiscuits.com and all other locations on which we place these Terms of Use.
(B) PLEASE READ THESE TERMS OF USE CAREFULLY (AGAIN, WE RECOMMEND READING THEM OVER A FLAKY BISCUIT AND MAPLE TAP COFFEE) BEFORE USING OUR SERVICES. BY USING ANY OF OUR SERVICES (OTHER THAN TO READ THESE TERMS OF USE FOR THE FIRST TIME) YOU ARE AGREEING TO COMPLY WITH THESE TERMS OF USE, WHICH MAY CHANGE FROM TIME TO TIME AS SET FORTH HEREIN. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.
(C) THESE TERMS ALSO CONTAIN A MANDATORY ARBITRATION PROVISION THAT, AS SET FORTH BELOW IN SECTION 11, REQUIRES YOU TO ARBITRATE CLAIMS ARISING FROM YOUR USE OF THE SERVICES THAT YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. THIS MEANS YOU CANNOT BRING CLAIMS AGAINST US IN COURT, AND THAT YOU AGREE TO A CLASS ACTION WAIVER IN ARBITRATION. BY ACCEPTING THESE TERMS, YOU ARE AGREEING TO THE ARBITRATION AGREEMENT, CLASS ACTION WAIVER, AND JURY TRIAL WAIVER CONTAINED IN SECTION 15 OF THESE TERMS BELOW. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS OF USE, DO NOT USE OUR SERVICES.
(D) By using the Services, you agree to transact electronically through the Site. You agree that your electronic signature is the legal equivalent of your manual signature. You further agree that your use of a key pad, mouse, or other device to select an item, button, icon, or similar act/action, constitutes your signature as if actually signed by you in writing. You also agree that no certification authority or other third party verification is necessary to validate your electronic signature, and the lack of such certification or third party verification will not in any way affect the enforceability of your electronic signature.
(E) By providing your telephone number, you are providing express written consent to receive communications from Maple Street (including its affiliates, agents, parent company, and service providers for the purposes of defined above) for any purpose, including but not limited to, marketing various services from both Maple Street and companies we have joint marketing agreements with. Additionally, you agree to receive communications from Maple Street regarding any service and any information you may have obtained via your use of a Website. You agree that these communications include, but are not limited to, the use of an Automated Telephone Dialing System, prerecorded and/or artificial voice, SMS, MMS, text, fax, email, or other similar means -- regardless of whether your phone number is registered on a state or federal Do Not Call list. You agree that Maple Street is not responsible for any charges to you regarding these communications. Standard voice and data rates may apply. Further, you understand that you do not need to provide this consent as a condition to receive any good or service, in which case you will not provide your phone number. You may opt-out of receiving such communications as set forth in our Privacy Policy (located here ), by sending your request through our “Contact Us” form here, or as provided within any such marketing materials (e.g., using the “Unsubscribe” feature provided in the footer of our e-mails or replying “STOP” to our text messages).
1. INTELLECTUAL PROPERTY
“Maple Street Biscuit Company” and the Maple Street Biscuit Company logos are registered trademarks of Maple Street. All other Maple Street trademark, service marks, logos, domain names, trade or company names, or indicia of origin referred to on the services belong to us and/or our affiliates or licensors. In countries where any of our trademarks, service marks, logos, domain names, trade or company names, or indicia of origin are not registered, we claim other rights
associated with unregistered trademarks, service marks, logos, domain names, company names, or indicia of origin. Other product or company names referred to on the Services may be the trademarks of their respective owners. You may not use any trademark, service mark, logo, domain name, company name of indicia of origin of ours or any third party without permission from the owner of the applicable trademark, service mark, logo, domain name, or indicia of origin. Your use of the Services does not create, and nothing contain in the Services shall be construed as creating or conferring to you, by implication, estoppel, or otherwise, a license or any other rights in any intellectual property rights of Maple Street. Content, whether or owned or not by us may not be used without permission.
Unless otherwise indicated, the Services and all content therein including without limitation articles, text, photographs, images, illustrations, graphics, designs, information, video and audio material, and software, including the selection and arrangement thereof, are ours or our licensor’s proprietary property and are protected by applicable laws, including copyright laws. You are granted a limited, non- transferable license to access and use the Services, and all material therein, for personal information and consumer transactional purposes only, including the dissemination of content to the extent specifically allowed through any provided third party functionality made available through the Services that allow you to post content from the Services to your personal social media account(s). This limited license does not include the resale, commercial use, distribution, public display or performance of the Services or any materials therein, nor does it permit the modification or the making of derivative uses of the Services of any materials therein, or the use of any data mining, spiders, robots or similar data gathering or extraction methods thereon.
2. ACCESS AND USE
(A) We may offer certain portions of our Services at no charge (e.g. Websites) and others (e.g. Applications) for a one-time fee, on a subscription basis or under any other lawful pricing structure. In all instances, our Services are not being sold to you; rather, you are being granted or purchasing a limited license to use our Services. In addition, unless we specifically tell you otherwise, the use of any of our paid Services does not transfer across operating systems and/or different equipment (e.g., mobile devices, computers, etc.). For example, unless we specifically tell you otherwise, the use of our mobile Application is limited to the relevant device and/or operating system you are using at the time you install and agree to a license to use the Application.
(B) Our Services are provided for your personal, non-commercial use only. You acknowledge that Maple Street reserves the right to discontinue the Services, in whole or in part, at any time. When using our Services, you agree to comply with all applicable federal, state, and local laws including, without limitation, trademark and copyright law. Except as expressly permitted in these Terms of Use or as we may otherwise permit, you may not use, reproduce, duplicate, distribute, create derivative works based upon, publicly display, publicly perform, publish, transmit, or otherwise exploit any content provided through the Services (“Service Content”) for any purpose whatsoever without obtaining prior written consent from us or, in the case third-party content, its applicable owner. In certain instances, we may suggest, ask or otherwise permit you to download, install and/or print Service Content (e.g., a restaurant menu). In such a case, you may do so only in the manner authorized and for your non- commercial use only. You acknowledge that you do not acquire any ownership rights by downloading, installing or printing Service Content.
(C) Furthermore, except as expressly permitted in these Terms of Use, you may not:
(i) remove, alter, cover, or distort any copyright, trademark, or other proprietary rights notice we include in or through our Services or Service Content;
(ii) circumvent, disable or otherwise interfere with our security-related features including, without limitation, any features that prevent or restrict the use of or copying of any software or other Service Content;
(iii) use an automatic device (such as a robot or spider) or manual process to copy or “scrape”
the Website or Service Content for any purpose without our express written permission;
(iv) collect or harvest any personally identifiable information from our Services including, without limitation, user names, passwords, email addresses;
(v) solicit other users to join or become members of any commercial online service or other organization without our prior written approval (this expressly includes, but shall not be limited to, third party delivery services such as Door Dash);
(vi) attempt to or interfere with the proper working of our Services or impair, overburden, or disable the same;
(vii) decompile, reverse engineer, or disassemble any portion of our software or other Service Content, or our Services;
(viii) use network-monitoring software to determine architecture of or extract usage data from our Services;
(ix) encourage conduct that violates any local, state or federal law, either civil or criminal, or impersonate another user, person, or entity (e.g., using another person’s Account (as defined below);
(x) violate U.S. export laws, including, without limitation, violations of the Export Administration Act and the Export Administration Regulations administered by the Department of Commerce; or
(xi) engage in any conduct that restricts or inhibits any other user from using or enjoying our Services.
(D) You agree to fully cooperate with us to investigate any suspected or actual activity that is in breach of these Terms of Use.
(E) You understand and agree that your use of the Services and/or Service Content while operating a motor vehicle (or during any other activity that requires your attention) may be distracting, dangerous, or prohibited by law. You are solely responsible for your exercising good judgment, acting in a safe and responsible manner, and obeying all laws and regulations at all times. You understand that failing to pay full attention in the operation of a vehicle or in other activities may cause an accident, damage, injury, death, or other serious consequences. You assume sole responsibility for your use of the Services and Service Content.
3. USER REGISTRATION
IN ORDER TO ACCESS OR USE SOME FEATURES OF OUR SERVICES (ONLINE ORDERING, MOBILE PAYMENT, WAITLIST, ETC.), YOU MAY HAVE TO BECOME A REGISTERED USER. IF YOU ARE UNDER THE AGE OF EIGHTEEN (18), THEN YOU ARE NOT PERMITTED TO REGISTER AS A USER OR OTHERWISE PROVIDE US ANY PERSONAL INFORMATION.
(B) If you become a registered user, you will provide true, accurate, and complete registration information, and if such information changes, you will promptly update the relevant registration information. During registration, you will create a user name and password (an “Account”). You are solely responsible for safeguarding and maintaining the confidentiality of your Account. You are solely responsible for the activity that occurs under your Account, whether or not you have authorized the activity. You agree to contact us immediately at 615-235-4601 if you become aware of any breach of security or unauthorized use of your Account.
4. USER CONTENT
(A) We may now or in the future permit users to post, upload, transmit through, or otherwise make available through our Services (collectively, “submit”) messages, text, illustrations, data, files, images, graphics, photos, comments, sounds, music, videos, information, content, and/or other materials (“User Content”). Subject to the rights and license you grant herein, you retain all right, title and interest in your User Content. We do not guarantee any confidentiality with respect to User Content even if it is not published through our Services. It is solely your responsibility to monitor and protect any intellectual property rights that you may have in your User Content, and we do not accept any responsibility for the same.
(B) You shall not submit any User Content protected by copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right without the express permission of the owner of the respective right. You are solely liable for any damage resulting from your failure to obtain such permission or from any other harm resulting from User Content that you submit.
(C) You represent, warrant, and covenant that you will not submit any User Content that:
(i) violates or infringes in any way upon the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property or proprietary right of any person or entity;
(ii) impersonates another or is unlawful, threatening, abusive, libelous, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, or otherwise objectionable;
(iii) encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law;
(iv) is an advertisement for goods or services or a solicitation of funds;
(v) includes personal information such as messages which identify phone numbers, social security numbers, account numbers, addresses, or employer references;
(vi) contains a formula, instruction, or advice that could cause harm or injury; or
(vii) is a chain letter of any kind.
Moreover, any conduct by a user that in our sole discretion restricts or inhibits any other user from using or enjoying our Services will not be permitted.
(D) By submitting User Content to us, simultaneously with such posting you automatically grant, or warrant that the owner has expressly granted, to us a worldwide, royalty-free, perpetual, irrevocable, non-exclusive, fully sublicensable, and transferable right and license to use, reproduce, distribute, create derivative works based upon (including, without limitation, translations), publicly display, publicly perform, transmit, and publish the User Content (in whole or in part) as we, in our sole discretion, deem appropriate including, without limitation, (1) in connection with our business;
and (2) in connection with the businesses of our successors, parents, subsidiaries, and their related companies. We may exercise this grant in any format, media or technology now known or later developed for the full term of any copyright that may exist in such User Content. Furthermore, you also grant other users permission to access your User Content and to use, reproduce, distribute, create derivative works based upon, publicly display, publicly perform, transmit, and publish your User Content for personal, non-commercial use as permitted by the functionality of our Services and these Terms of Use. Notwithstanding the foregoing, you waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” or rights of “droit moral” with respect to the User Content.
(E) By submitting User Content, you also grant us (and, to the extent necessary to provide services to us, our licensors and licensees) a worldwide, perpetual, irrevocable, fully sublicensable, and transferable right, but not the obligation, to use any and all names, identities, titles, likenesses, distinctive appearances, physical likenesses, images, portraits, pictures, photographs (whether still or moving), screen personas, voices, vocal styles, statements, gestures, mannerisms, personalities, performance characteristics, biographical data, signatures, and any other indicia or imitations of identity or likeness listed, provided, referenced, or otherwise contained in the User Content (all attributes, collectively, per person, a “Persona”), including, without limitation, your name and geographical location (e.g., “Joey P. – Wyoming, OH”), for purposes of advertising and trade, in any format, medium, or technology now known or later developed without further notice, approval, or compensation, unless prohibited by law. Our uses of your Persona will be consistent with these terms, where it is applicable.
(F) Notwithstanding the generality of the foregoing, we reserve the right to display advertisements in connection with your User Content and to use your User Content for advertising and promotional purposes. You acknowledge and agree that your User Content may be included on the websites and advertising networks of our distribution partners and third-party service providers (including their downstream users).
G) We have the right, but not the obligation, to monitor User Content. We have the right in our sole discretion and for any reason whatsoever to edit, refuse to post, remove, or disable access to any User Content.
5. THIRD PARTY TERMS
(A) IN CERTAIN INSTANCES, YOUR USE OF AN APPLICATION, OUR WEBSITE, OR OTHER SERVICES MAY BE SUBJECT TO YOUR AGREEMENT TO CERTAIN THIRD-PARTY TERMS. IN SUCH INSTANCES, WE WILL PROVIDE YOU NOTICE IN THE OTHER APPLICABLE TERMS POSTED IN THE SERVICE. BY USING THE APPLICABLE SERVICE, YOU AGREE TO ALL SUCH THIRD-PARTY TERMS.
(B) Without limiting the foregoing, you acknowledge and agree that the availability of our Applications and related Services are dependent on the third party from whom you received the Application license (e.g., the Apple iTunes, Google Play, or other App stores (“App Store")). You acknowledge that these Terms of Use are between you and Maple Street and not with the App Store. Maple Street, not the App Store, is solely responsible for its Services, including the Application, the content thereof, maintenance, support services, and warranty therefor, and for addressing any claims relating thereto (e.g., product liability, legal compliance, or intellectual property infringement). In order to use our Applications, you must have access to a wireless network, and you agree to pay all fees associated with such access. You also agree to pay all fees (if any) charged by the App Store in connection with the Services, including the applicable Application. You agree to comply with, and your license to use the Application is conditioned upon your compliance with, all applicable third-party terms of agreement (e.g., the App Store’s terms and policies) when using our Services, including the Application. You acknowledge that the App Store (and its subsidiaries) are third-party beneficiaries of the Terms of Use and will have the right to enforce them.
6. SERVICE CONTENT & THIRD PARTY LINKS
(A) We provide our Services including, without limitation, Service Content for educational, entertainment and/or promotional purposes only. You may not rely on any information and opinions expressed through any of our Services for any other purpose. In all instances, it is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of any Service Content. Under no circumstances will we be liable for any loss or damage caused by your reliance on any Service Content.
(B) Any health-related Service Content available is not intended to be a substitute for professional medical advice. Maple Street does not warrant the validity of any such health-related statements found on or through our Services. All such information is general in nature and may be helpful to some persons but not to others, depending upon their personal needs. You should always consult with your physician prior to changing or undertaking a new diet or exercise program. Never disregard professional medical advice or delay in seeking it because of something you have read on or through our Services.
(C) Service Content may include content posted by a third-party or will represent the opinions and judgments of a third-party. We do not endorse, warrant, and are not responsible for the accuracy, timeliness, completeness, or reliability of any opinion, advice, or statement offered through our Services by anyone other than our authorized employees or spokespersons while acting in their official capacities.
(D) Our Services may link or contain links to other websites maintained by third parties. We do not operate or control, in any respect, or necessarily endorse the content found on these third-party websites. You assume sole responsibility for your use of third-party links. We are not responsible for any content posted on third-party websites and are not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.
7. EXPORT CONTROL
You may not use, export, import, or transfer our Services except as authorized by U.S. law, the laws of the jurisdiction in which you obtained the Services, and any other applicable laws. In particular, but without limitation, our Applications and other software may not be exported or re-exported:
(A) into any United States embargoed countries or
(B) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Department of Commerce’s Denied Person’s List or Entity List. By using our Services, you represent and warrant that:
(i) you are not located in a country that is subject to a U.S. Government embargo or that has been designated by the U.S. Government as a “terrorist supporting” country; and
(ii) you are not listed on any U.S. Government list of prohibited or restricted parties. You also will not use our Services for any purpose prohibited by U.S. law, including the development, design, manufacture, or production of missiles, nuclear, chemical, or biological weapons. You acknowledge and agree that the Services we provide are subject to the export control laws and regulations of the United States. You shall comply with these laws and regulations and shall not, without prior U.S. government authorization, export, re-export, or transfer any of our Services or technology, either directly or indirectly, to any country in violation of such laws and regulations.
8. UNSOLICITED IDEAS
Many of us often come up with great ideas and the like that we feel compelled to share. You may even want to share ideas for new products, recipes, services, and/or advertising and marketing campaigns with us. However, as a company that constantly strives to improve its products, services, technology, and promotional techniques, we must take steps to ensure our own ability to innovate. With that in mind, it is Maple Street’s policy not to accept, review, or consider any unsolicited ideas, products, works, materials, proposals, artwork, content, or the like (“Submissions”) from anyone other than our employees, agents, and our existing suppliers and contractors. The purpose of this policy is to avoid potential misunderstandings or disputes when Maple Street’s products, services, technologies, advertising, promotions, or content might seem similar to submissions provided to Maple Street. Please note that if, despite our request that you not send us your Submissions, you submit them to us anyway, then regardless of what your communication says, you unconditionally agree that:
(A) your Submissions, along with related intellectual property rights, will immediately upon submission become the sole and exclusive property of Maple Street, without compensation to you or any other person or party;
(B) Maple Street can use, reproduce, disclose, publish, and distribute the Submissions for any purpose whatsoever, without restriction and in any way;
(C) there is no obligation for Maple Street to review the Submissions; and
(D) there is no obligation to keep any Submissions confidential. Maple Street does, however, welcome feedback regarding Maple Street’s existing products, services, and marketing strategies. Any feedback you provide at this site will be deemed non-confidential and not proprietary. Maple Street will be free to use and redistribute such information on an unrestricted basis, without any compensation to you.
9. INDEMNIFICATION
You agree to indemnify and hold harmless Maple Street and its officers, directors, employees, parents, partners, successors, agents, distribution partners, affiliates, subsidiaries, and their related companies (collectively, the “Maple Street Parties”) from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses (including reasonable attorneys’ fees and costs) arising out of, related to, or that may arise in connection with:
(i) your use of our Services;
(ii) User Content provided by you;
(iii) any actual or alleged violation or breach by you of these Terms of Use;
(iv) any actual or alleged breach of any representation, warranty, or covenant that you have made to us; or
(v) your acts or omissions. You agree to cooperate fully with us in the defense of any claim that is the subject of your obligations hereunder.
10. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY AGREE THAT USE OF OUR SERVICES IS AT YOUR SOLE RISK. OUR SERVICES AND SERVICE CONTENT (INCLUDING SOFTWARE) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE MAPLE STREET PARTIES DISCLAIM ANY AND ALL WARRANTIES INCLUDING ANY:
(1) WARRANTIES THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS;
(2) WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, SECURITY, USEFULNESS, TIMELINESS, OR INFORMATIONAL CONTENT OF OUR SERVICES OR SERVICE CONTENT;
(3) WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE;
(4) WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED OR ACCESSED THROUGH OUR SERVICES;
(5) WARRANTIES CONCERNING THE ACCURACY OR RELIABILITY OF THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES;
(6) WARRANTIES THAT YOUR USE OF OUR SERVICES WILL BE SECURE OR UNINTERRUPTED; AND
(7) WARRANTIES THAT ERRORS IN OUR SERVICES OR SERVICE CONTENT (INCLUDING SOFTWARE) WILL BE CORRECTED.
11. LIMITATION ON LIABILITY
(A) UNDER NO CIRCUMSTANCES SHALL THE MAPLE STREET PARTIES BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH).