PRIVACY POLICY, TERMS OF USE, AND CONFIDENTIALITY NOTICE

-- IMPORTANT -- PLEASE READ

 

This Privacy Policy, Terms of Use, and Confidentiality Notice (herein after referred to as either “Privacy Policy” or “Terms of Use”) describes the terms of our commitment to your privacy and relates to the following website: www.lamars.com (“Website”).

 

PERSONS OR PARTIES COVERED  

 

This Privacy Policy is intended to cover all visitors to this Website.  Persons who visit or view this Website, whether intentionally or unintentionally, whether solicited or unsolicited, are described herein as "Visitors" and are parties to this Privacy Policy.  Subscribers to lists or newsletters are referred to herein as "Subscribers" and are parties to this Privacy Policy.  The Website, its agents, owners, affiliates, operators, and employees are referred to collectively herein as "Website" and/or "Site."

 

PERSONS EXCLUDED FROM THIS WEBSITE ARE STILL COVERED

 

In the event that a person excluded from this Website because of the Terms of Use or from denial of service by the Website, who nonetheless unlawfully views the Website, that person remains subject to the terms of this Terms of Use and is in violation of the Terms of Used.

 

VIEWING AND/OR USE AND/OR COMMUNICATION IS CONSTRUED AS ACCEPTANCE OF THE TERMS OF THIS POLICY

 

Acceptance of the terms of this Privacy Policy is a portion of the consideration required for your right to visit the Website.  If you do not accept these terms, you have no right to visit this Website and you are fraudulently using this Website.

 

REVISIONS TO THIS PRIVACY POLICY WITHOUT NOTICE

 

This Privacy Policy is dynamic.  It will continually change.  You may not assume that it remains the same and you agree to check the policy each time you visit the Website for changes.  You will receive no notification of changes to this Privacy Policy nor does this Website promise notification.  Your continued use of this Website always evidences your acceptance of the terms this Privacy Policy or any modifications.

 

CONTENT AND LIABILITY DISCLAIMER

 

The Website uses reasonable efforts to include accurate, complete and current information on this Website, however, the Website does not warrant that the content herein is accurate, complete, current, or free of technical or typographical errors.  It is your responsibility to verify any information before relying on it.  The Website reserves the right to make changes and updates to any information contained within this Website without prior notice.

 

Access to, and use of, this Website and the content thereof is at the risk of Visitors.  We have provided links to certain other World Wide Web sites solely for your convenience, and the Website is not responsible for the content of any other sites.  It is up to you to take precautions to ensure that whatever you select for your use is free of such items as viruses, worms, Trojan horses and other items of a destructive nature.

 

THE WEBSITE MAKES NO WARRANTIES OR REPRESENTATIONS, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

IN NO EVENT SHALL THIS WEBSITE NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS WEBSITE OR THEIR RESPECTIVE AFFILIATES, OR THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, MEMBERS, MANAGERS, EMPLOYEES, AGENTS OR REPRESENTATIVES OF ANY OF THE FOREGOING, BE LIABLE TO YOU OR ANY THIRD PARTY FOR DAMAGES OF ANY KIND (INCLUDING, BUT NOT LIMITED TO, ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR DAMAGES FOR LOSS OF PROFITS, GOODWILL OR REVENUE, BUSINESS INTERRUPTION, OR LOSS OF DATA) ARISING OUT OF THE USE OF, ACCESS TO, RELIANCE ON, UNAVAILABILITY OF, INABILITY TO USE, OR IMPROPER USE OF THE WEBSITE, INCLUDING BUT NOT LIMITED TO ANY USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WEBSITE, OR THE DISCLOSURE OR MISUSE OF ANY USER'S PERSONAL INFORMATION, EVEN IF THEY HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE.  IN ANY EVENT, THIS WEBSITE’S RESPECTIVE TOTAL MAXIMUM LIABILITY IN RESPECT OF THE WEBSITE OR ANY PART THEREOF, INCLUDING BUT NOT LIMITED TO THE USER CONTENT, REVIEWS, ADVICE, SERVICES, PRODUCTS, AND OTHER INFORMATION AND MATERIALS CONTAINED IN OR DESCRIBED ON THE WEBSITE, IN ANY MANNER WHATSOEVER, SHALL BE LIMITED TO ONE HUNDRED UNITED STATES DOLLARS ($100.00). THIS LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY PROVIDED HEREIN.

 

CONFIDENTIALITY

 

As used herein, “Confidential Information” shall mean any and all technical or business information (including, but not limited to, trade secrets, recipes, product/service specifications, prototypes, computer programs, models, drawings, marketing plans, financial data, and personnel statistics) as well as third party information, provided, disclosed or made accessible (either in writing or orally) by LaMar’s Donuts (“Discloser”) to Visitor (“Recipient”) through the Website that is either identified as or would reasonably be understood to be confidential and/or proprietary.  "Confidential Information" does not include information that the Recipient can clearly establish by written evidence: (a) is or becomes known to the Recipient from a third Party without an obligation to maintain its confidentiality; (b) is or becomes generally known to the public through no act or omission of the Recipient; or (c) is independently developed by the Recipient without use of Confidential Information of the Discloser.

 

The Recipient will make no use of Confidential Information of the Discloser for any purpose other than that specified throughout these Terms of Use.  The Recipient will not disclose Confidential Information of the Discloser to any third party and will protect and treat all Confidential Information of the Discloser with the same degree of care as it uses to protect its own confidential information of like importance, but in no event with less than reasonable care.  The Recipient shall not disclose Confidential Information of the Discloser to any person or entity. In the event that the Recipient is required to disclose Confidential Information of the Discloser pursuant to law, the Recipient will notify the Discloser of the required disclosure with sufficient time for the Discloser to seek relief, will cooperate with the Discloser in taking appropriate protective measures, and will make such disclosure in a fashion that maximizes protection of the Confidential Information from further disclosure.

 

INTELLECTUAL PROPERTY RIGHTS AND YOUR USE

 

The content and information of this Website, including the arrangement and presentation thereof, is protected by copyright laws and is owned by Donut Holdings, Inc. d/b/a LaMar’s Donuts (“LaMar’s Donuts”).  Unless otherwise noted, the logos, trademarks and servicemarks displayed on this Website are owned by LaMar’s Donuts, one of its affiliates or the applicable third party.  Nothing on this Website or contained in these Terms of Use shall be construed in any manner as granting you any license or right to use any such logo, trademark or service mark displayed on this Website, without the prior written permission of the owner of the applicable logo, trademark or servicemark.

 

Without LaMar’s Donuts’ prior written permission, you may not copy, reproduce, publish, distribute, transmit, display, license, sell, create derivative works from, or otherwise exploit the content and information of this Website.  Excluding any images and / or photography (which you cannot copy, reproduce, publish, distribute, transmit, display, license, sell, create derivative works from, or otherwise exploit in any way whatsoever) you may use content and information contained in this Website for legitimate business purposes only, provided that you do not (i) delete, change or otherwise modify any copyright, trademark or other proprietary notices, and (ii) obtain or claim any ownership rights of any kind in the content and/or information.  Unauthorized use of this Website, including without limitation, unauthorized entry into the LaMar’s Donuts systems, misuse of passwords or misuse of any information posted on the Website is strictly prohibited.  In addition, use of this Website is unauthorized in any jurisdiction where the use of this Website may violate any applicable legal requirements.

 

If you do not comply with these Terms of Use at any time, we reserve the right to terminate your access to this Website (or any part thereof).  In our sole discretion and without prior notice or liability, we may discontinue, modify or alter any aspect of the Website, including, but not limited to restricting or terminating any Visitor’s right to use the Website.  You agree that any termination or cancellation of your access to, or use of, the Website may be effected without prior notice to you.  If you do not abide by the provisions of these Terms of Use, you agree that we may bar you from any further access to our Website.  Further, you agree that we shall not be liable to you or any third-party for any termination or cancellation of your access to, or use of, our Website.

 

POSTINGS

 

You acknowledge that all content posted, emailed, submitted or otherwise transmitted to or on this Website, whether posted at our request or voluntarily, and whether publicly posted or privately transmitted (collectively, the "Postings"), are the sole responsibility of the Visitor who made such Postings.  This means that you are entirely responsible for all Postings that you post, email or otherwise transmit to this Website.   We do not control the Postings posted, emailed or otherwise transmitted on our Website by others and, as such, we do not guarantee the accuracy, integrity, availability, or quality of such Postings.  Under no circumstances will we be liable in any way for any Postings, including, but not limited to, for any errors or omissions in any Postings or their transmission, or for any loss or damage of any kind incurred as a result of the use of any Postings posted, emailed or otherwise transmitted to or through this Website.  LaMar’s Donuts may use the Postings in any manner permitted by law.

 

By making such Postings, you grant us and our successors and assigns a royalty-free, perpetual, irrevocable, non-exclusive right (including any moral rights) and license (as well as consent) to use, license, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, derive revenue or other remuneration from, communicate to the public, perform and display any Postings (in whole or in part and with or without the use of your name) worldwide and/or to incorporate the Postings in other works in any form, media, or technology now known or later developed, for the full term of any copyrights, trademarks and other intellectual and proprietary rights (collectively, the “Rights”) that may exist in such Postings.  You also warrant that, to the extent you are not the exclusive holder of all Rights in a Posting, any third party holder of any Rights, including moral rights in such Posting, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above.  You further acknowledge that we and our successors and assigns shall be entitled to unrestricted use of the Postings for any purpose whatsoever, commercial or otherwise, without compensation to the provider of the Postings.  You also permit any user to access, display, view, store, and reproduce any Posting that you have made available on our blog or otherwise for personal use.  Subject to the foregoing, the owner of a Posting placed on this Website retains any and all Rights that may exist in such Posting.  Except as provided in our Privacy Policy, none of the Postings shall be subject to any obligation of confidence on our part, and we shall not be liable for any use or disclosure of any Postings.

 

 

YOU AGREE NOT TO USE THIS WEBSITE TO:

 

a.                     Upload, post, email or otherwise transmit any Postings or other materials that are unlawful, harmful, threatening, abusive, harassing, tortious, unlawful, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable (in our sole discretion);

            b.                    Harm minors in any way, or solicit or otherwise attempt to gain any information from a minor;

            c.                    Impersonate any person or entity, including, but not limited to any user of this Website, a director, officer, employee, shareholder, agent or representative of LaMar’s Donuts or any affiliates, employees, or contractors, or any other person or entity, or falsely state or otherwise misrepresent your affiliation with LaMar’s Donuts, or our affiliates or any other person or entity;

            d.                    Forge headers or otherwise manipulate identifiers in order to disguise the origin of any Postings or other materials transmitted to or through this Website;

            e.                    Upload, post, email or otherwise transmit any Postings or other materials that are not your own, or that you do not have a right to upload, post, email or otherwise transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);

            f.                     Upload, post, email or otherwise transmit any Postings or other materials that infringe upon any patent, trademark, trade secret, copyright, right of privacy or publicity or other proprietary rights of any party;

            g.                    Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of commercial solicitation, except in those areas, if any, that are specifically designated for such purpose, if any;

            h.                    Upload, post, email or otherwise transmit any Postings or other materials that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;

            i.                     Act in a manner that negatively affects or otherwise diminishes the quality of another Visitor’s experience of this Website;

            j.                     Interfere with or disrupt this Website or servers or networks connected to this Website;

            k.                    Intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, any regulations having the force of law;

            l.                     "Stalk" or otherwise harass another user or employee of this Website; or

            m.                   Solicit, collect or post personal data or attempt to solicit, collect or post personal data about other users of the Website, including user names or passwords.

 

In the event that you are excluded from the Website because of the Terms of Use or from denial of services or any other reason, a person or entity that nonetheless unlawfully views the Website remains subject to the Terms of Use.  Except as may otherwise be provided in our Privacy Policy, our blog (if any), information provided by you to us and other public communications are public and not private communications.  We reserve the right to monitor some, all, or no areas of this Website for adherence to this Terms of Use or for any other purpose in our sole discretion.  You acknowledge that by providing you with the ability to distribute Postings on this Website, we are acting as a passive conduit for such distribution and we are not undertaking any obligation or liability relating to any Postings or activities, nor do we endorse any such Postings.  Although we reserve the right to remove, without notice, any Posting for any reason, we have no obligation to review content prior to the content’s posting or to delete Postings that you may find objectionable or offensive.  We are not responsible for maintaining a copy of any material we remove from our Website, and we are not liable for any loss you incur in the event that content you post or transmit to our Website is removed.

 

LINKS

 

As you navigate this Website, you may click to one or more Websites of a LaMar’s Donuts affiliate (each an “Affiliate Website”).  The Affiliate Websites may have their own terms and conditions and/or online privacy statements or policies.  These Terms of Use will not apply when you move to one of the Affiliate Websites, because the terms and conditions and/or online privacy statements or policies of the Affiliate Websites are tailored to the products, services and location of the applicable LaMar’s Donuts affiliate.

 

In addition, this Website may have links to one or more third party websites (each a “Third Party Website”). LaMar’s Donuts is not responsible for the terms and conditions or privacy practices employed by Third Party Websites.  Our Privacy Statement does not apply to Third Party Websites and these Terms of Use do not apply to Third Party Websites.  LaMar’s Donuts does not guaranty, approve or endorse any information, material, services, or products posted or offered at any Third Party Website, nor is LaMar’s Donuts liable or otherwise responsible for any failure of products or services offered or advertised at any Third Party Website or any content posted thereon.  LaMar’s Donuts may provide links to Third Party Websites as a convenience to you, and your connection to any such Third Party Website is at your own risk and cost and you recognize that Third Party Websites may provide less security than this Website.  In addition, you should review the privacy statement or policy of any Affiliate Website or Third Party Website before you provide personal or confidential information.

 

Before creating any type of link to this Website, written permission must be granted by LaMar’s Donuts.  To seek such submission, submit your request via email to legal@lamars.com.  LaMar’s Donuts reserves the right to withhold permission, and to rescind any permission that it grants and to require termination of any such link, at its sole discretion, at any time.

 

ADDITIONAL TERMS; PRIVACY POLICY

 

Certain sections or pages on this Website may contain additional terms and conditions related to use of such sections or pages, which are in addition to these Terms of Use.  You agree that such additional terms are hereby incorporated by reference into this Terms of Use.  In the event of a conflict, the additional terms and conditions will govern the use of those sections or pages.

 

In addition to these Terms of Use, your use of this Website is also governed by a Privacy Policy and you agree that this Privacy Policy is incorporated by reference into these Terms of Use.  This Website is directed to business owners and is not directed to consumers or to children under the age of 18.

 

The information, materials, products and services posted or offered within this Website may be subject to change, including these Terms of Use, in our sole discretion.  Not all products and services are available in all geographic areas.  Your eligibility for particular products or services is subject to final determination by and approval of LaMar’s Donuts.  The products and services provided by LaMar’s Donuts are subject to a separate Customer Credit Account Application and Agreement, which solely governs your receipt of, and LaMar’s Donuts’ provision of, such products and services, and these Terms of Use do not apply to such products and services.

 

Without the prior written consent of LaMar’s Donuts, you shall have no power to assign, or otherwise transfer your rights, if any, hereunder, and any assignment attempted without such consent shall be void.   Should any provision of these Terms of Use be held to be void, invalid, unenforceable or illegal by a court, the validity and enforceability of the other provisions shall not be affected thereby, and you and LaMar’s Donuts consent to judicial modification of the affected provision to the least extent necessary to preserve its original intent.  Failure of either party to enforce any provision hereof shall not constitute or be considered as a waiver of such provision or of the right to enforce that or any other provisions.

 

NOT AN OFFER OR SALE OF A FRANCHISE

 

This information is not intended as an offer to sell or a solicitation of an offer to buy a franchise.   The U.S. Federal Trade Commission and certain states within the U.S.A. have laws governing the offer and sale of franchises.  If you reside or intend to operate where one of these laws is in effect, we may have an obligation to register our franchise offering, to provide you with specified information, and/or to meet other conditions before offering you a franchise.  We will not offer you a franchise until we have complied with any applicable law.  Within the U.S.A., we offer franchises solely by means of our Franchise Disclosure Document (FDD). Please see our FDD for more details. A copy of our FDD is available by contacting Matt Joslin, President, at matt@lamars.com or Donut Holdings, Inc. d/b/a LaMar’s Donuts, 3600 South Yosemite Street, Suite # 750, Denver, CO 80222.  Franchises may not be available in all states.

 

State of New York: This advertisement is not an offering. An offering can only be made by a Franchise Disclosure Document filed with the Department of Law of the State of New York. Such filing does not constitute approval by the Department of Law of the State of New York.

 

OUR WEBSITE HAS NOT BEEN REVIEWED OR APPROVED BY THE CALIFORNIA DEPARTMENT OF BUSINESS OVERSIGHT (FORMERLY DEPT. OF CORPORATIONS).  ANY COMPLAINTS CONCERNING THE CONTENT OF THIS WEBSITE MAY BE DIRECTED TO THE CALIFORNIA DEPARTMENT OF CORPORATIONS at www.dbo.ca.gov.

 

INDEMNITY

 

You agree to indemnify and hold this Website, any party involved in creating, producing or delivering this Website and their respective affiliates, licensors, directors, officers, members, managers, employees, agents, and representatives, harmless from and against any losses, costs, expenses or damages of any nature whatsoever (including attorneys fees and court costs) arising from any claim, cause of action, suit or demand of any third party due to, arising out of or related to (i) your access to the Website, (ii) your use of the Website, (iii) any content posted, uploaded or transmitted by you, (iv) your use or distribution of any Website content, (v) your violation of these Terms of Use, (vi) any use of your password by you or any third party, or (vii) the infringement or other violation by you, or any third party using your account or password, of any intellectual property or other right of any person or entity.

 

JURISDICTION AND VENUE

 

As a condition for viewing the Website, Visitor hereby consents to the personal jurisdiction of the competent courts of the City and County of Denver, State of Colorado, and the Federal Courts located in the State of Colorado for any legal or equitable proceeding arising out of or in connection with the Website.  Visitor also agrees that the Website, and relationship between the parties, shall be governed by, construed and enforced in accordance with the internal laws of the State of Colorado, without giving effect to principles and provisions thereof relating to conflict or choice of laws and irrespective of the fact that any one of the parties is now or may become a resident of a different state.  If any legal or equitable action arises relating to the Website, the prevailing party shall be entitled to recover all court costs, expenses, and reasonable attorneys’ fees.

 

COPYRIGHT AND LICENSE

 

All content in this “Terms of Use” © 2014 -2017.  All Rights Reserved.

 

All trademarks used on this Website are the property of their respective owners. 

 

LaMar’s ^® is a registered trademark of LaMar’s Donuts

 

WARNING

 

THIS WEBSITE AND ITS CONTENTS ARE PROTECTED BY U.S. COPYRIGHT LAW (TITLE 17 U.S.C.).  UNAUTHORIZED REPRODUCTION AND OR SALE MAY RESULT IN IMPRISONMENT OF UP TO ONE YEAR AND FINES UP TO $100,000.00 (17 U.S.C. 506).  COPYRIGHT INFRINGERS MAY ALSO BE SUBJECT TO CIVIL LIABILITY.