TCBY Terms of Use

Effective: 07/18/2024

Please read these Terms of Use carefully before using a website or application where these terms are posted (the “Site”), operated by or on behalf of TCBY (“we,” “our,” or “us”), and including our Text Services (as defined below), as they affect the legal rights of each person who accesses, browses, or uses the Site and/or the Text Services.

The Site is owned and operated by TCBY, part of Famous Brands International, LLC. These Terms of Use apply to any access or use by you (“you,” “your,” or “User”) of the Site, the Text Services as well as through email messages that we may send to you (collectively, the “Sites”).

By accessing, browsing, or otherwise using the Sites, you agree to be legally bound by these Terms of Use, including the arbitration provision below. PLEASE READ THESE TERMS OF USE CAREFULLY. YOUR USE OF THE SITES CONSTITUTE YOUR ACCEPTANCE OF THESE TERMS OF USE. DO NOT USE THE SITES IF YOU ARE UNWILLING OR UNABLE TO BE BOUND BY THE TERMS OF USE.

These Terms of Use apply only to your use of the Sites and were last updated as of July 2024. TCBY expressly reserves the right, in its sole discretion, to revise, modify, alter, and/or amend the Terms of Use at any time and such revision shall be posted here. Any revision and/or addition to these Terms of Use shall become effective and binding on you when you continue to use the Sites on or after the effective date of such revision and/or addition.

License to Use the Site

We grant you a personal, limited, nonexclusive license to access and use the Sites, its contents, or any part of them (individually and collectively, the “Site Content”) for your personal, individual, non-commercial, and non-automated use only. You may not access or use the Sites except for these express purposes and as expressly allowed by these Terms of Use.

Privacy and Security

You acknowledge that you have read, understand and agree to Our Privacy Policy, located here: https://www.tcby.com/privacy-policy. The Privacy Policy governs the collection, use and disclosure of your personal information. The Privacy Policy is hereby incorporated into and made part of these Terms of Use by reference.

Restrictions on Use

You are responsible for your access or use of the Sites. We reserve the right to refuse service, terminate accounts, and/or cancel orders at our discretion, including, without limitation, if we believe that your conduct violates applicable law, violates these Terms of Use, or is harmful to our interests.

(a) Site Content: Without limitation to these Terms of Use, you may not sell, re-distribute, re-publish, re-transmit, display publicly, modify, create derivative works from, or otherwise exploit the Site, its contents, or any part of them (individually and collectively, the “Site Content”). TCBY expressly retains all right, title and interest in and to the Site Content, including, without limitation, all intellectual property rights therein and thereto. Except as expressly permitted by these Terms of Use, any use of the Site Content may violate copyright and/or other applicable laws.

(b) Third Party Content: In addition to the Site Content, the Sites may contain information and materials provided by third parties (collectively, “Third Party Content”). Third Party Content is the copyrighted work of its owner, who expressly retains all right title and interest in and to the Third Party Content, including, without limitation, all intellectual property rights therein and thereto. In addition to being subject to these Terms of Use, Third Party Content may also be subject to different and/or additional terms of use and/or privacy notices of such third parties. Please contact the appropriate third party for further information regarding any such different and/or additional terms of use applicable to Third Party Content.

(c) Trademarks: TCBY, the TCBY logo and all TCBY product names are trademarks and services marks of TCBY (collectively “TCBY Trademarks”), and nothing in these Terms of Use shall be construed as granting any license or right to use the TCBY Trademarks without TCBY’s prior written consent. All trademarks, service marks and logos included on the Sites (“Marks”) are the property of TCBY or third parties, and you may not use such Marks without the express, prior written consent of TCBY or the applicable third party.

(d) No Automated or Non-Human Means of Access: You also may not access or use the Sites through any automated or non-human means, such as through bots, spiders, scripts, or software; you may not access or use the Sites for any improper purposes, including without limitation, scraping, harvesting, mining, or other data extraction; and you may not access or use the Sites for any interference, disruption, or other illegal or unauthorized purposes, such as interference with the Sites’ operations or interference with access to the Sites through viruses, Trojan horses, worms, time bombs, cancelbots, or other such applications.

(e) Additional permissions: You may request additional permissions to use any Site Content by contacting us as described on the Sites. In making any such request, you represent and warrant that all information and statements you provide to us are true and accurate and that you are authorized to act on behalf and to bind any organization on whose behalf you may be requesting permissions.

You may make no use of the Site Content not expressly allowed in these Terms of Use until and unless we contact with you and grant additional permissions in writing—and then only exactly in line with any such permissions. If not expressly stated otherwise in our grant of any such additional permissions in writing, our grant of any such permissions is revocable at any time by us and expires six months after the date of the grant. Additionally, if granted any such permissions, you represent and warrant that your use of any permitted Site Content will not violate any applicable law, rule, or regulation, violate the rights of any third party (including without limitation by defamation or violating any rights or publicity or privacy).

(f) Monitoring of Site Content and use of the Sites: TCBY reserves the right, but does not undertake the obligation, to monitor the use of the Sites, and to investigate and take appropriate legal action against any party that uses the Sites in violation of these Terms of Use or applicable law. TCBY reserves the right to accept, reject or modify any Site Content, but assumes no liability based on its acceptance, rejection, modification or failure to modify any Site Content.

User Account Registration

(a) Account Registration and Use License: In order to access and use the Sites (which features may vary depending on the type of account), you can open an account (“User Account”) by registering with TCBY. When you register for your User Account, you must provide true, accurate, current and complete information (“Account Information”), and you agree to update the Account Information in order to ensure that it is current. Upon proper registration and opening of a User Account, and subject to all of the terms and conditions of these Terms of Use, TCBY hereby grants to you the personal, non-transferable right and license to access and use the Site by displaying it on your internet browser only for the purpose of shopping for items sold on the Site and not for any commercial use or use on behalf of any third party, except as explicitly permitted by us in advance in writing. Any breach of these Terms of Use shall result in the immediate revocation of the license granted in this paragraph without notice to you.

(b) Eligibility: As an express condition of being permitted to open a User Account, you represent and warrant that you (i) have the legal capacity (including, without limitation, being of sufficient age) to enter into contracts under the law of the jurisdiction in which you reside, (ii) are not on a list of persons barred from receiving services under U.S. laws (including, without limitation, the Denied Persons List and the Entity List issued by the U.S. Department of Commerce, Bureau of Industry and Security) or other applicable jurisdiction and (iii) are not a resident of Cuba, Iran, North Korea, Sudan or Syria.

(c) Passwords: Upon registration on the Sites, you will provide TCBY with a password to access your account. You are responsible for maintaining the confidentiality of your password and for all of your activities and those of any third party that occur through your account, whether or not authorized by you. You agree to immediately notify TCBY of any suspected or actual unauthorized use of your User Account. You agree that TCBY will not under any circumstances be liable for any cost, loss, damages or expenses arising out of a failure by you to maintain the security of your password.

(d) Termination and Suspension by TCBY: TCBY may terminate your User Account and/or these Terms of Use at any time and for any reason with or without notice to you. We may also suspend our Service to you at any time, with or without cause. Any termination of your User Account and/or these Terms of Use will have no impact on any pending orders made via the Sites.

(e) Effect of Termination: Once your User Account is terminated, we may permanently delete your User Account and any or all User Content associated with it. If you do not log in to your User Account for 12 or more months, we may treat your User Account as “inactive” and permanently delete the User Account and all the data associated with it. Except where an exclusive remedy may be specified in this Agreement, the exercise by either party of any remedy, including termination, will be without prejudice to any other remedies it may have under these Terms of Use. All sections of these Terms of Use which by their nature should survive termination will survive, including without limitation, accrued rights to payment, use restrictions and indemnity obligations, confidentiality obligations, warranty disclaimers, and limitations of liability.

Your Messages, Requests, or Other Comments or Content to or for Us

The Sites may provide you with the ability to contact us through e-mail addresses, contact forms, or other means. To the extent that you do so and send along any ideas, input, feedback, or anything of similar nature, you grant us a perpetual, irrevocable, nonexclusive, royalty-free license to use any such ideas, input, feedback, or anything of similar nature to change our existing products or services, to develop new products or services, or otherwise in our business.

Notwithstanding anything to the contrary set forth herein or otherwise, TCBY will have the right to collect and analyze data and other information relating to the provision, use or performance of the Sites and related systems and technologies (including information concerning user data and data derived therefrom), and to aggregate and/or anonymize all such data and information. TCBY will be free at any time to: (i) use such information and data to improve and enhance TCBY’s offerings; and (ii) disclose such data in aggregate or other de-identified form in connection with its business. Any such use of information under this provision shall be in conformance with TCBY’s Privacy Policy, available at https://www.tcby.com/privacy-policy.

Linked Websites and Services

The Sites may contain links to and integrations with third party websites and services, and you agree that TCBY provides links to and integrations with such websites and services solely as a convenience and has no responsibility for the content or availability of such websites or services, and that TCBY does not endorse such websites or services (or any products or other services associated therewith). Access to any other internet site linked to the Sites is at your own risk, and TCBY is not responsible for the accuracy, reliability or accessibility of any information, data, opinions, advice or statements made on these sites. Your use of such websites and services will be subject to the terms applicable to each such website and service. You may not post a link that directs users to any content or information that would constitute a violation of these Terms of Use.

Specific Terms Applicable to Text Services

Text, SMS, and MMS messages sent from, on behalf of, and about TCBY (the “Text Services”) are subject to the following terms and the Privacy Policy, which is incorporated herein by reference.

We will allow various opportunities to opt in to the Text Services, such as entering a phone number online or in our mobile applications. By providing us with your phone number and opting in to receive text, SMS, and/or MMS messages, you agree to receive recurring transactional and promotional messages from and on behalf of TCBY through your wireless provider to the mobile number you provided, even if your mobile number is registered on any state or federal Do Not Call List. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include information, alerts, and updates (e.g., order updates, account alerts, etc.). Promotional messages may include promotions, specials, and other marketing offers (including, without limitation, cart reminders).

Your consent is not required and is not a condition of any purchase. You agree to provide us with a valid mobile number for which you are the account holder. In the event you change or deactivate your mobile number, you agree to promptly update your account information with us.

You can cancel or opt-out of the Text Services at any time. Just text “STOP” to stop. After you send the SMS message “STOP” to us, we will send an additional SMS message to you for the purpose of confirming that you have been unsubscribed from the Text Services, then unsubscribe you. If you would like to opt-in to the Text Services again, you may opt-in the same way you did initially, and we will start sending SMS messages to you again. If you need help, text “HELP” in response to a message from us or email support@tcby.com.

If you have subscribed to other Mrs. Fields Famous Brands mobile message programs and wish to cancel, you may need to opt out separately from those programs by following the instructions provided in their respective mobile terms.

We are able to deliver messages to the following mobile service providers: AT&T, Verizon Wireless, T-Mobile, U.S. Cellular, ClearSky, and Interop. If your mobile service provider does not participate, you will not receive replies to your messages to us. Neither we nor your mobile service provider/wireless carrier will be liable for failed, delayed, misdirected, or undelivered messages; misdirected delivery of any information or message sent through the Text Services; any errors in such information; and/or any action you may or may not take in reliance on the information, messages, or Text Services. Delivery is subject to effective transmission from your network operator. Your wireless carrier may prohibit or restrict certain mobile features and certain mobile features may be incompatible with your wireless carrier or mobile device. Contact your wireless carrier with questions regarding these issues.

Message frequency may vary. Message and data rates may apply to all incoming and outbound SMS messages. You agree that you are solely responsible for any such charges. Please be aware that texting charges can fluctuate internationally. Text messaging rates can normally be found by asking your service provider. All charges are billed by and payable to your mobile service provider.

You understand that any third-party with access to your mobile phone may be able to view the messages you send or receive when using the Text Services, and you agree that we will not be liable to you if this occurs. You represent and warrant that all communications you cause to be sent through the Text Services shall at all times comply with all applicable local, state and federal laws and regulations, including, but not limited to, the Telephone Consumer Protection Act, the Telemarketing Sales Rule, the CAN-SPAM Act, and all other laws and regulations concerning privacy, telemarketing, and the sending of SMS text messages.

If you have any questions regarding privacy or the Text Services, please send an email to support@tcby.com or read our Privacy Policy.

Limitation of Liability

(a) Indemnification: YOU AGREE TO DEFEND AND INDEMNIFY US FOR ANY CLAIMS RESULTING FROM OR RELATING IN ANY WAY TO YOUR BREACH OF ANY PROVISION OF THESE TERMS OF USE AND YOUR USE OF THE SITE, TEXT SERVICES, OR ANY SITE CONTENT.

(A) DISCLAIMER OF WARRANTIES:  EXCEPT AS EXPRESSLY SET FORTH IMMEDIATELY IN THESE TERMS OF USE, WE PROVIDE THE SITES (INCLUDING WITHOUT LIMITATION ANY AND ALL SITE CONTENT) “AS IS,” WITHOUT WARRANTY OF ANY KIND; AND TO THE MAXIMUM EXTENT ALLOWED BY LAW, WE DISCLAIM ANY EXPRESS OR IMPLIED WARRANTY REGARDING THE PROVISION OF THE SITE AND ANY CONTENT ON IT—INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE ENTIRE RISK IN THE USE OF THE SITES RESTS WITH YOU. TCBY SHALL NOT BE LIABLE OR RESPONSIBLE IN ANY WAY FOR ANY LOSSES OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OR RELIANCE ON ANY MATERIAL CONTAINED ON THE SITES. TCBY MAKES NO REPRESENTATION OR WARRANTY THAT THE AVAILABILITY OF THE SITES OR THAT THE SITES WILL BE UNINTERRUPTED, OR THAT THE SITES AND/OR THE SITE CONTENT WILL BE ERROR FREE OR THAT ALL ERRORS WILL BE CORRECTED.

(b) Limitation of Liability: TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT TCBY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING WITHOUT LIMITATION ANY LOSS OF PROFITS, DATA, USE, OR GOODWILL) RESULTING OR RELATING IN ANY WAY TO YOUR ACCESS OR USE OF (OR INABILITY TO ACCESS OR USE) THE SITES (OR ANY SITE CONTENT)—WHETHER BASED ON WARRANTY, CONTRACT, TORT/NEGLIGENCE, OR OTHER LEGAL THEORY—EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU. IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF TCBY AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, EMPLOYEES, AND AGENTS UNDER SUCH CIRCUMSTANCES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

Changes to these Terms of Use

We reserve the right to amend these Terms of Use at our discretion and at any time. When we make changes to these Terms of Use, we will post the new Terms of Use on the Sites. By continuing to access, browse, or otherwise use the Sites, you agree to be legally bound by any such new Terms of Use.

Location of the Sites and your Use

TCBY operates or controls the operation of the Sites from the United States. In addition, the Sites may be mirrored, and other websites operated or controlled by TCBY may be operated from various locations in and outside of the United States. TCBY makes no representation or warranty that all of the features of the Sites will be available to you outside of the United States, or that the Sites are permitted to be accessed outside of the United States. Additionally, the Sites may not be helpful or relevant to all international users. You acknowledge that you are solely responsible for any decision by you to use of the Sites from locations outside of the United States, and that such use may be subject to, and that you are responsible for, compliance with applicable local laws.

Our Commitment to Accessibility

TCBY is committed to accessibility, diversity and inclusion, including making the MrsFields.com shopping and service experience available to all of our customers. We strive to make our website accessible and user friendly. If you are having difficulty viewing or navigating the content on this website, or notice any content, feature, or functionality that you believe is not fully accessible to people with disabilities, please call our Customer Service team at 1-800-348-6311or email our team at support@tcby.com with the word “Accessibility” in the subject line and provide a description of the specific feature you feel is not fully accessible or a suggestion for improvement. We take your feedback seriously and will consider it as we evaluate ways to accommodate all our customers and our overall accessibility policies. Additionally, while we do not control content provided by third-party vendors, we strongly encourage them to provide content that is accessible and user friendly.

Governing Law; Mandatory Arbitration

These Terms of Use shall in all respects be interpreted, enforced and governed by and under the laws of the State of Delaware, without reference to its conflict of laws principles. Any and all claims, disputes, grievances or causes of action (“Claims”), regardless of whether such Claims arise under federal, state or local statute, rule or regulation, or at common law, which relate in any way to the Sites, your use of the Sites, the Services or TCBY shall be exclusively resolved by binding arbitration, rather than in any court or quasi-judicial forum of any sort. The Federal Arbitration Act and federal arbitration law expressly apply to these Terms. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow these Terms of Use as a court would. To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your claim to: support@tcby.com. The arbitration will be conducted by the American Arbitration Association (“AAA”) under its rules, including the AAA's Supplementary Procedures for Consumer-Related Disputes. The AAA's rules are available at www.adr.org or by calling 1-800-778-7879. Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the county where you live or at another mutually agreed location. YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS SHALL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND SHALL UNDER NO CIRCUMSTANCE BE CONDUCTED ON A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION BASIS.  The foregoing class action waiver applies to any and all Claims, regardless of the nature of any such Claims.  If for any reason a claim proceeds in court rather than in arbitration you waive any right to a jury trial, and no such action may be conducted on a class, consolidated or representative action basis.

General

These Terms of Use constitute the entire agreement between you and us with respect to matters set forth in these Terms of Use and supersede any prior or contemporaneous understanding or agreement; and there are no third-party beneficiaries to these Terms of Use. These Terms of Use will bind and inure to the benefit of any assignees or successors in interest of or to you or us. Section and paragraph headings in these Terms of Use are used for convenience and reference only and in no way define, limit, extend or otherwise describe the scope or intent of these Terms of Use and may not affect the meaning or interpretation of these Terms of Use. If any provision of these Terms of Use is deemed invalid or unenforceable, that provision will be reformed and construed consistently with applicable law as nearly as possible to reflect the original intentions of these Terms of Use; and in any event, the remaining provisions of these Terms of Use will remain in full force and effect. No waiver of any of the provisions of these Terms of Use is a waiver of any other provision, whether or not similar, nor does any waiver constitute a continuing waiver.

 

Famous Brands International, 1717 South 4800 West, Salt Lake City, Utah 84104.