Welcome to Penny’s Cool Treats! This Terms of Service Agreement (the “Agreement”) is made and entered into by and between you and Penny’s Cool Treats (the “Company”, “us”, “we”, or “our”). This Agreement sets forth the terms and conditions that govern your use of and access to our website, products, materials, and services (collectively, the “Services”).

1. Acceptance of this Agreement

1.1. Acceptance Through Using or Accessing the Services

Please review the following terms carefully. By accessing or using the Services (or by clicking on “accept” or “agree” to this Agreement when prompted), you agree to be bound by the terms and conditions of this Agreement. If you do not agree to the terms and conditions of this Agreement, you may not use or access the Services.

1.2. Supplemental Terms and Conditions

Supplemental terms and conditions may be posted on our website from time to time and are hereby incorporated into this Agreement. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Service at any time and for any reason.

2. Changes to this Agreement

The Company reserves the right to update this Agreement periodically. Except for changes made for legal or administrative purposes, we will provide reasonable advance notice before changes become effective. Your continued use of the Services after any changes are made constitutes your acceptance of the updated terms.

3. SMS and Communication Services

3.1. SMS Notifications

Penny’s Cool Treats may send text message updates regarding your orders, bookings, or promotions. By opting into our SMS services, you agree to receive periodic messages at the number provided.

3.2. SMS Cancellation

You may cancel the SMS service at any time by texting "STOP" to the shortcode provided. Once we receive your "STOP" message, we will send a confirmation SMS, and you will no longer receive messages from us.

3.3. Help with SMS Service

If you experience any issues with the messaging program, you can text "HELP" for assistance or contact us at [email protected].

3.4. Carrier Liability

Mobile carriers are not liable for any delayed or undelivered SMS messages.

3.5. Message and Data Rates

Message and data rates may apply for SMS messages. Please check with your mobile provider for details.

4. Prohibited Uses

You may use the Services for lawful purposes only. You agree not to use the Services in a manner that:

Violates any applicable laws or regulations.Engages in unsolicited advertising or spam.Impersonates others or misrepresents your affiliation with another entity.Harms minors or promotes inappropriate content.Interferes with the proper functioning of the Services.Attempts to gain unauthorized access to our systems or data.Engages in any fraudulent or malicious activity.

5. Payment and Subscription Terms

5.1. Pricing and Payment

All pricing is listed on our website and may be subject to change. Payments must be made in full before Services are provided. We accept various payment methods, including credit cards and digital payments, processed by third-party providers.

5.2. Cancellations and Refunds

Cancellations must be requested within the designated timeframe outlined in your booking confirmation. Refunds are subject to our refund policy, available upon request.

5.3. Auto-Renewal for Subscriptions

If you subscribe to any ongoing services, your subscription will automatically renew unless canceled before the renewal date.

6. Intellectual Property

6.1. Ownership

All content, logos, designs, and branding associated with Penny’s Cool Treats remain the intellectual property of the Company.

6.2. License to Use the Services

You are granted a limited, non-exclusive, non-transferable license to access and use our Services for personal, non-commercial purposes.

6.3. Restrictions

You may not:

Copy, reproduce, or distribute our content without permission.Modify or create derivative works from our materials.Use our branding in unauthorized ways.

7. User Content and Feedback

By submitting any feedback, reviews, or suggestions, you grant Penny’s Cool Treats a worldwide, perpetual, royalty-free license to use and distribute such content.

8. Limitation of Liability

To the maximum extent permitted by law, Penny’s Cool Treats shall not be liable for any indirect, incidental, consequential, or punitive damages arising from your use of the Services.

9. Indemnification

You agree to indemnify and hold Penny’s Cool Treats harmless from any claims, damages, or expenses resulting from your use of our Services or violation of this Agreement.

10. Dispute Resolution and Governing Law

10.1. Governing Law

This Agreement shall be governed by the laws of the State of Tennessee, without regard to its conflict of law principles.

10.2. Arbitration

Any disputes arising from this Agreement shall be resolved through binding arbitration in Tennessee.

11. Contact Information

For questions regarding these Terms of Service, please contact us at:

📧 Email: [email protected]

📍 Address: 7720 Cloudland Rd, Powell, TN 37849

📞 Phone: 865-321-3240

This Terms of Service Agreement is effective as of February 1, 2025. Your continued use of Penny’s Cool Treats' Services constitutes acceptance of these terms.