Terms of service

Uncle's Ice Cream - Terms of Use

1. Acceptance of the Terms of Use

Uncle’s Ice Cream (referred to as “Uncles”, “we”, “us” and “our”) owns and operates the website (unclesicecream.com) (“Site”) to promote its one of a kind ultra-premium Hawaiian ice cream sandwiches featuring iconic Hawaiian flavors, as well as other products made available at Uncle's locations or retail partners from time to time (collectively, “Product”) and to promote and sell custom label designs for personalized product packaging.

By visiting our Site, you agree to be bound by the following terms and conditions (“Terms of Use” or “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

These Terms of Use apply to all users of the Site, including, without limitation, users who are browsers, vendors, retailers, and/or customers. Please read these Terms of Use carefully before accessing or using our Site. By accessing or using any part of the Site, you agree to be bound by these Terms of Use. If you do not agree to all the terms and conditions of this agreement, then please do not access our Site. Uncle’s may revise and update these Terms of Use at any time. It is your responsibility to check this page periodically for changes. Your continued usage of the Site will mean you accept those changes.

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

2. Use of This Site

You may use the Site as set forth in these Terms of Use, provided that: (a) your use of the Site as permitted is solely for your or your company’s use; (b) you will not copy or distribute any part of the Site in any medium without our prior written authorization; (c) you will not transfer, sublicense, lease, lend, rent or otherwise distribute the Site to any third-party; (d) you will not reverse-engineer, decompile or create derivative works of the Site; (e) you will not alter or modify any part of the Site; (f) you must not transmit any worms or viruses or any code of a destructive nature; and (g) you may not use the Site in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use.

If you are under 18 years of age, or the age of majority in your location, you may use the Site only with the supervision and consent of a parent or legal guardian. By using the Site, you represent that you either (i) are 18 years of age, or the age of majority in your location, or older, or (ii) have received consent from your parent or legal guardian to access the Site.

A breach or violation of any of these Terms will result in termination of your right to use our Site.

3. General Conditions

We reserve the right to refuse a Product to anyone for any reason at any time.

You understand that your content may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

4. Modifications to the Products and Prices

Prices for the Products are subject to change without notice. We reserve the right at any time to modify or discontinue any Products without notice to you. We shall not be liable to you or to any third-party for any modification, price change, suspension, or discontinuance of any Product.

5. Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy and is incorporated herein by reference. To view our Privacy Policy, click here.

6. Errors, Inaccuracies, and Omissions

Occasionally there may be information on the Site or provided with Product that contains typographical errors, inaccuracies, or omissions that may relate to the Product such as the descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information if any information on the Site or on any related website is inaccurate at any time without prior notice.

We are not responsible for information made available on the Site that is not accurate, complete, or current. The material on the Site is provided for general information only and should not be relied upon or used as the sole basis for making decisions. Any reliance on the material on this site is at your own risk.

We undertake no obligation to update, amend, or clarify information on the Site or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date on the Site or on any related website, should be taken to indicate that all information on the Site or on any related website has been modified or updated.

7. Prohibited Use

In addition to other prohibitions as set forth in the Terms of Use, you are prohibited from using the Site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Site or of any related website, other websites or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Site or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Site or any related website for violating any of the prohibited uses.

8. Content

Our Content

We and/or our suppliers and licensors own the Products and the Site including related data, and information relating thereto (collectively, “Our Property”), the materials, text, graphics, data, articles, photos, images, illustrations, information, and other content made available or displayed by us through the Site (collectively, “Our Materials”), and certain of the trademarks, service marks, names, and logos, including, but not limited to, UNCLE’S. (“Marks,” and together with Our Property and Our Materials, collectively, “Content”). You agree and acknowledge that the Content is: (i) protected by copyright, (ii) subject to other intellectual property and proprietary rights and laws, and (iii) owned by us or our suppliers and licensors. Except as expressly permitted in these Terms, Content may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, redistributed, or otherwise used in any way without our prior written permission and the prior written permission of our applicable licensors.

You promise to abide by all copyright notices, trademark rules, information, and restrictions contained in or attached to any Content, and that you won’t use, copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform, upload, display, license, sell, commercialize, or otherwise exploit for any purpose any Content. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce (except as expressly provided in these Terms), create derivative works based on, or otherwise exploit any of the Content or other information or materials on the Site. You may not use our trade names, trademarks, service marks, or logos in connection with any product or service that is not ours, or in any manner that may cause confusion with us or our Products, or which may harm us, our brands, or reputation. Nothing contained on the Site should be construed as granting any right to use any trade names, trademarks, service marks, or logos without the express prior written consent of the owner.

Your Content

Anything that you post, upload, share, store, provide, or otherwise make available through the Site is a “User Submission.” We do not guarantee any confidentiality with respect to your User Submissions, and they may be viewable by others. You are solely responsible for all User Submissions that you submit or otherwise provide to Uncle’s. You represent that (a) all of your User Submissions are accurate, complete, up-to-date, and in compliance with these Terms and all applicable laws, rules, and regulations, and (b) you own or have the necessary rights, licenses, consents, and permissions, without the need for any permission from or payment to any other person or entity, to exploit and to authorize us to exploit your User Submissions in all manners contemplated by these Terms. You waive all moral rights in User Submissions which may be available to you in any part of the world and confirm that no such rights have been asserted. No User Submissions will be subject to any obligation, whether of confidentiality, attribution or otherwise, on our part and we will not be liable for any use or disclosure of any User Submissions.

In addition, if you provide to us any ideas, proposals, suggestions, or other materials (“Feedback”), whether related to the Site, Products, or otherwise, such Feedback will be deemed a User Submission, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited, and without restriction, and does not place Uncle’s under any fiduciary or other obligation.

You hereby grant to Uncle’s and our affiliates a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable (through multiple tiers), and transferable (in whole or part) worldwide license to use, edit, truncate, aggregate, reproduce, transmit, display, exhibit, distribute, prepare, index, comment on, modify, create derivative works of, display, perform, and otherwise fully exploit User Submissions in connection with the Products or the Site and our (and our successors’ and assigns’) businesses, including without limitation for promoting, marketing, advertising, and redistributing part or all of the Site or Products (and derivative works thereof) in any media formats (whether now existing or hereafter created or discovered) and through any media channels, whether now existing or hereafter created or discovered (including, without limitation, third-party websites and feeds).

We have the right, but not the obligation, to monitor, scan, intercept, review, analyze, store, alter, or remove any information (including all User Submissions received from you), and to monitor, review or analyze your access to or use of the Site, in each case, by manual, automated or other means, and in each case for any purpose, including such purposes as may be described in the Privacy Policy. We may take appropriate action against you or your User Submissions if you violate our rights or the rights of any third party or any other provision of these Terms. This may include, but is not limited to, removing or modifying User Submissions, and/or reporting you to law enforcement authorities. You acknowledge that all Content, including User Submissions, accessed by you while using the Site is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom.

Use Restrictions

You represent, warrant, and agree that you will not post, upload, share, store, provide, or otherwise make available any User Submission, otherwise access or use the Content or Products or interact with the Site in a manner that: (a) infringes, misappropriates, or otherwise violates the intellectual property rights or any other rights of anyone else (including Uncle’s); (b) violates any law, rules, or regulation, including, without limitation, any applicable export control laws or privacy laws; (c) is dangerous, harmful, fraudulent, deceptive, threatening, harassing, defamatory, libelous, tortious, obscene, indecent, pornographic, vulgar, unlawful, hateful, or threatening to any group defined by race, religion, gender, national origin, or sexual orientation or otherwise offensive or objectionable, or is for any commercial purpose or is used for any purpose not reasonably intended by Uncle’s; (d) violates the security of any computer network, or cracks any passwords or security mechanisms or encryption codes, or introduces viruses, worms, Trojan horses, spyware, or other computer code, file, or program that is potentially harmful or invasive or intended; (e) to damage or hijack the operation of, or to monitor the use of, any hardware, software, or equipment; (f) runs a “Mail list,” “Listserv,” any form of auto-responder, or “spam” on the Site, or any processes that run or are activated while you are not logged into the Site, or that otherwise interferes with the proper working of the Site (including by placing an unreasonable load on the Site’s infrastructure); (h) restricts or prohibits any other person from using the Site; (g) frames or mirrors any portion of the Site, or otherwise incorporates any portion of the Site into any product or service, without our express prior written consent; (h) removes or obscures any copyright, trademark, or other proprietary notice from the Site; (i) uses any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine,” or otherwise gather Site content, or reproduce or circumvent the navigational structure or presentation of the Site, without our express prior written consent.

Notwithstanding the foregoing, Uncle’s grants to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of (and solely to the extent necessary for) creating publicly available, searchable indices of such materials, but not caches or archives of such materials. Uncle’s reserves the right to revoke such permission either generally or in specific cases, at any time and without notice; (j) systematically copies or stores any portion of the Content; (k) decompiles, reverse engineers, disassembles or otherwise attempts to obtain the source code or underlying ideas or information of or relating to the Products or the Site, except to the extent that such restriction is expressly prohibited by applicable law; (l) displays material that exploits children under 18 years of age or posts, collects, or discloses any personal information (including names) or private information about such children; or (m) posts or transmits any unsolicited advertising, promotional materials, or any other forms of solicitation, including without limitation solicitations of credit card numbers, solicitations for sponsors, or promotion of raffles or contests or any other businesses or services.

You are also responsible for obtaining, maintaining, and paying for all hardware and all telecommunications and other services needed to access or use the Site. A violation of any of the foregoing is grounds for termination of your right to use or access the Site.

Third Party Materials

Certain portions of the Site’s functionality may contain links or connections to, or otherwise make available access to, third-party websites, services, information, services, products, or other materials that are not owned or controlled by Uncle’s (“Third Party Materials”), or allow for the routing or transmission of such Third Party Materials, including via links. When you access or use any Third Party Materials, you are directing us to access, route and transmit to you the applicable Third Party Materials. Your use of Third Party Materials is at your own risk and is subject to any additional terms, conditions, and policies applicable to such Third Party Materials (such as terms of service or privacy policies of the providers of such Third Party Materials).

Uncle’s has no control over, does not endorse, and assumes no responsibility for, any Third Party Materials, including the content, accuracy, validity, timeliness, reliability, completeness, quality, legality, usefulness, safety, or practices of or opinions expressed in any Third Party Materials. In addition, Uncle’s has no obligation to monitor, verify, censor, or edit the content of any Third Party Materials, and we may block or disable access to any Third Party Materials (in whole or in part) through the Site at any time. In addition, the availability of any Third Party Materials through the Site does not imply our endorsement of, or our affiliation with, any provider of such Third Party Materials, nor does such availability create any legal relationship between you and any such provider. We encourage you to be aware when you leave the Site and to read the terms and conditions and privacy policy of each third-party website or service that you access or use. By accessing or using the Site, you release and hold us harmless from any and all liability arising from your access to or use of any Third Party Materials.

If there is a dispute between participants on this Site, or between users and any third party, including in connection with any Third Party Materials, you agree that Uncle’s is under no obligation to become involved and you are solely responsible for such disputes 

9. Disclaimer of Warranties; Limitation of Liability

We do not guarantee, represent, or warrant that your use of the Site will be uninterrupted, timely, secure, or error-free. We have the right to remove all or any portion of the Site for indefinite periods of time or terminate access to the Site, without notice to you. You expressly agree that your use of or inability to use the Site is at your sole risk. The Site is provided 'as is' and 'as available' for your use, without any representation, warranties, or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Uncle’s, our directors, officers, employees, affiliates, agents, contractors, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation, lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability, or otherwise, arising from your use of the Site, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Site, transmitted, or otherwise made available via the Site, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Uncle’s and its subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Use or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

11. Severability

In the event that any provision of these Terms of Use is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Use, such determination shall not affect the validity and enforceability of any other remaining provisions.

12. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on this Site or related hereto constitutes the entire agreement and understanding between you and us and govern your use of the Site, superseding any prior or contemporaneous agreements, communications, and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Use).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes. These Terms of Use are effective unless and until terminated by either you or us.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Use, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to the Site (or any part thereof).

Any ambiguities in the interpretation of these Terms of Use shall not be construed against the drafting party. The failure of us to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. These Terms of Use and any separate agreements whereby we provide you the Site shall be governed by and construed in accordance with the laws of Washington .

13. Disputes

We encourage you to use the Contact Us form to settle any disputes with us directly. Most matters are quickly resolved in this manner to our customer’s satisfaction. Any matter we are unable to resolve and all disputes or claims arising out of or relating to the Site, including the enforceability, interpretation, or breach (each, a “Claim”), shall be finally settled by binding arbitration administered by the American Arbitration Association in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the American Arbitration Association (the “AAA”), excluding any rules or procedures governing or permitting class actions. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all Claims. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be binding on the parties and may be entered as a judgment in any court of competent jurisdiction. The parties understand that, absent this mandatory provision, they would have the right to sue in court and have a jury trial. They further understand that, in some instances, the costs of arbitration could exceed the costs of litigation and the right to discovery may be more limited in arbitration than in court. Any such arbitration shall be conducted by the parties in their individual capacities only and not as a class action or other representative action, and the parties waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class-action waiver set forth in the preceding sentence is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth in this Section shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate Claims. The rules governing the arbitration may be accessed at www.adr.org. Notwithstanding the foregoing, this section does not apply to any Claim in which a party is enforcing or seeking to protect its intellectual property rights (such as its patent, copyright, trademark, trade secret, or moral rights, but not including its privacy or publicity rights).

14. Changes to Terms of Use

You can review the most current version of the Terms of Use at any time at this page. We reserve the right, at our sole discretion, to update, change, or replace any part of these Terms of Use by posting updates and changes to the Site. It is your responsibility to check the Site periodically for changes. Your continued use of or access to the Site following the posting of any changes to these Terms of Use constitutes acceptance of those changes.

15. Uncles Contact Information

Questions about the Terms of Use should be sent to us at alohashop@unclesicecream.com