Terms of Use

Thank you for visiting Winchell’s Donut House.  Please read this Terms of Use Agreement carefully before accessing or using our Site.  We have tried to make it as clear as possible.  For your convenience, we have also presented a short summary followed by the full legal terms.

We understand that some of you may not agree with everything in this Agreement.  If that is the case, we please ask that you do not access or use our Site or provide us with any information.

1. Definitions

1. The “Agreement” refers, collectively, to all the terms, conditions, notices contained or referenced in this document (the “Terms of Service” or the "Terms") and all other operating rules, policies (including the Winchell’s Donut House Privacy Notice, available at https://winchells.com/privacy-policy).
2. The “Site” refers to Wichell’s Donut Houses’ website located at www. wichells.com, and all content, services, and products provided by us at or through the Site.
3. “You,” and “Your” refer to the individual person, company, or organization that has visited or is using the Site; that accesses or uses any part of the Site; or that directs the use of the Site in the performance of its functions.  You must be at least 13 years of age.
4. “Winchell’s Donut House,” “Winchell’s”, “We,” and “Us” refer to (Winchell’s Donut House.), as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
5. “Content” refers to content featured or displayed through the Site, including without limitation text, data, articles, images, photographs, graphics, software, designs, features, and other materials that are available on the Site.
6. “User” includes visitors and customers.

2. Acceptable Use

Your use of the Site must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction.  You are responsible for making sure that your use of the Site follows the law and any applicable regulations.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Site, use of the Site, or access to the Site without our express written permission.

3. Intellectual Property Notice

Winchell’s, our licensors, vendors, agents, and/or our content providers retain ownership of all intellectual property rights of any kind related to the Site.  You should assume that everything you see or read on the Site is proprietary information protected by copyright or trademark unless otherwise noted and may not be used except with the written permission of Winchell’s.  We reserve all rights that are not expressly granted to you under this Agreement or by law.  

The look and feel of the Site is our copyright.  You may not duplicate, copy, or reuse any portion of the HTML/CSS, Javascript, or visual design elements or concepts without express written permission from Winchell’s Donut House.

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered (collectively the “Marks”) that appear on the Site are proprietary to Winchell’s or such Marks’ respective owners.  You may not display or reproduce the Marks other than with our prior written consent, and you may not remove or otherwise modify any trademark notices from any Content.  The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

4. Communications with Winchell’s

We use email and other electronic means to stay in touch with our users.  For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Site; and (2) agree that all Terms of Use, agreements, notices, policies, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.

5. Termination and Suspension

Winchell’s has the right to suspend or terminate your access to all or any part of the Site at any time, with or without cause, with or without notice, effective immediately.  Winchell’s reserves the right to refuse service to anyone for any reason at any time.

 All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

6. Can I bring a class action lawsuit?

No.  This is a Class Action Waiver.  YOU AND WINCHELL’S AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION.

Unless both you and Winchell’s agree, no arbitrator or judge may consolidate more than one person’s claims or otherwise preside over any form of a representative or class proceeding. The court may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.

7. Disclaimer of Warranties

The Site is provided “as is” and “as available,” without warranty of any kind.  We do not warrant that the Site will meet your requirements; that the Site will be uninterrupted, timely, secure, or error-free; that the information provided through the Site is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components.  You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.

We make no promises or guarantees about this Site.  Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Site including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.

8. Limitation of Liability

We will not be liable for damages or losses arising from your use or inability to use the Site or otherwise arising under this Agreement.  You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from

• your use or inability to use the Site;
• unauthorized access to or alterations of your transmissions or data;
• any other user interactions that you input or receive through your use of the Site; or
• any other matter relating to the Site.

Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose.  We will have no liability for any failure or delay due to matters beyond our reasonable control.

9. Indemnity

You agree to indemnify, defend, and hold harmless Winchell’s, its affiliates, officers, directors, employees, consultants, agents, and representatives from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Site, your violation of these Terms of Use, or your infringement, of any intellectual property or other right of any person or entity.  Winchell’s will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.

10. Third-Party Links

We may link to or be linked from other websites that are not maintained by, or related to, Winchell’s.  We do not endorse, and is not responsible for, the content of any of those third-party websites.  You acknowledge Winchell’s has not reviewed and does not endorse the content of all sites linked to from this Site and is not responsible for the content or actions of any other sites linked to from this Site.  We do not promise that the contents of any linked site are accurate, compliant with local, state or federal law, including any intellectual property laws.  Your use of any linked site is at your own risk and you assume all responsibilities and consequences resulting from such reliance.

11. Changes to These Terms

We reserve the right, at our sole discretion, to amend these Terms of Use at any time and will update these Terms of Use in the event of any such amendments.  We will notify our Users of material changes to this Agreement.  We want you to be informed of important changes to our terms, but some changes are not that important — we don't want to bother you every time we fix a typo.  So while we may modify this agreement at any time, we will notify users of any changes that affect your rights.  We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part of it) with or without notice.

12. What if I live outside of the United States

Winchell’s is hosted and operated entirely in the United States and is subject to United States law.  Please do not provide us with any information if you live outside of the United States.  We do not operate outside of the 48-contiguois states.  If you are from a jurisdiction outside of the United States, please notify us so that we may take necessary action.  This may include terminating your access and deleting your information.  We are committed to resolving those issues, so if you have any questions about how we collect or use your information you may email us wincustservdept [at] winchells.com.

13. Miscellaneous

Governing Law

Except to the extent applicable law provides otherwise, this Agreement between you and Winchell’s and any access to or use of the Site are governed by the federal laws of the United States of America and the laws of the State of California, without regard to conflict of law provisions.  You and Winchell’s agree to submit to the exclusive jurisdiction and venue of the courts located in the City and County of Los Angeles, California.

Section Headings and Summaries

Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions.  These section titles and brief summaries are not legally binding.

Severability, No Waiver, and Survival

If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties’ original intent.  The remaining portions will remain in full force and effect.  Any failure on the part of Winchell’s to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision.  Our rights under this Agreement will survive any termination of this Agreement.

14. How to contact us

If you have any questions or comments relating to the Winchell’s Site or this Terms of Use, you can submit a question on our Site, send an email to at wincustservdept [at] winchells.com, or by calling our customer service team at (626) 964-1478.

Last updated: May 31, 2019