Terms of use

WHOA DOUGH LLC

PLEASE NOTE: You are entering into a legally binding agreement

These “Terms of Use” set forth the terms and conditions that apply to your use of the website www.whoadough.com, as well as any and all related mobile and 3rd party applications (collectively, the "Website"). By using the Website, you are entering into a binding agreement with Whoa Dough LLC, an Ohio limited liability company (“Whoa Dough”), and you agree to comply with all of the Terms of Use set forth herein. The right to use the WebSite and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.

WHEN YOU ACCESS OR USE THE WEBSITE, YOU AGREE TO AND ARE BOUND BY THESE TERMS OF USE. WHOA DOUGH IS WILLING TO GRANT YOU ACCESS TO THE WEBSITE ON THE CONDITION THAT YOU ACCEPT ALL THE TERMS OF THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, DO NOT ACCESS OR USE THE WEBSITE IN ANY WAY.

As provided below, Whoa Dough may update these Terms of Use at any time, without notification to you, and you should review these Terms of Use from time to time by accessing the WebSite. Your continued use of the WebSite shall be deemed as an irrevocable acceptance of any such revisions. The right to use the WebSite and these Terms of Use are personal to you, and are not transferable by you to any other person or entity.

  1. 1. Copyrights, Trademarks, and Patents

The materials found on the WebSite are protected by United States and other copyright laws. The selection, arrangement, and presentation of all materials (including information in the public domain), and the overall design of the WebSite are Copyright© Whoa Dough LLC, All Rights Reserved. Permission is granted to view and print materials from the WebSite for the non-commercial purpose of viewing, reading, and retaining for reference. Any other copying, distribution, retransmission or modification of information or materials on the WebSite, whether in electronic or hard copy form, without the express prior written permission of Whoa Dough, is strictly prohibited.

“Whoa Dough,” and other trademarks and/or service marks (including logos and designs) found on the WebSite are trademarks/service marks that identify Whoa Dough and the goods and WebSite that it provides. Such marks may not be used under any circumstances without the prior written authorization of Whoa Dough. Portions, features, and/or functionality of the products of Whoa Dough or its affiliates, suppliers, or partners are, or may be, protected by United States and/or foreign patents, as well as patents pending.

No person is authorized to use, copy, or distribute any portion of the website including related graphics, except for the non-commercial purpose of viewing, reading, and retaining any such portion of the website for reference, as provided above.

  1. 2. Links to Third-Party Websites

The WebSite may provide hyperlinks to third-party websites as a convenience to users of the WebSite (each, a “Third-Party Site”). Whoa Dough does not control Third-Party Sites, and is not responsible for the contents or activities of any Third Party Sites or any hyperlinks contained therein. Whoa Dough does not endorse, recommend, or approve any Third-Party Site, and will have no liability to any person or entity for the content or use of the content available through such hyperlink.

  1. 3. Children’s Issues

The WebSite are restricted and limited for use by people 18 or over. Whoa Dough will not knowingly collect any information from individuals under 13. If you are under the minimum age required for use of the WebSite, do not use or provide any information on the WebSite or on or through any of its features, register on the WebSite, make any purchases through the WebSite, use any of the interactive or public comment features of the WebSite or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. Should we determine that you do not meet the age requirements for using our WebSite, your registration will be terminated immediately. If we learn we have collected or received personal information from a user under the required minimum age, we will delete that information.

  1. 4. Use of the WebSite

To use the WebSite, you agree that: (a) you must be the minimum age required for use of the WebSite (as provided above); (b) you won’t use the WebSite to falsify your own identity or impersonate anyone else; and (c) you are not already restricted by Whoa Dough from using the WebSite. You represent and warrant to Whoa Dough that you have used and will use the WebSite in a manner consistent with any and all applicable laws and regulations, including without limitations those related to data privacy and security.

Whoa Dough does not represent or guarantee the truthfulness, accuracy, or reliability of any content or other communications posted on the Website by users or other third parties, nor does it endorse any opinions expressed by users or other third parties. You acknowledge that any reliance on material posted by other users or other third parties will be at your own risk, and that you will also remain solely responsible for any inaccurate or incomplete information that you provide on the WebSite.

To the extent you are accessing any portion of the WebSite requiring a login ID or a password, you are responsible for all use of the WebSite made using your login ID and password, whether or not the use is made by you or someone else using that information. You are responsible for protecting and securing your login ID and password from unauthorized use, and you agree to indemnify Whoa Dough, its affiliates, and their respective members, managers, directors, officers, and agents against all loss or damage arising from such unauthorized use. If you believe there has been a breach of security of your login ID or password, you agree to notify us immediately as provided in Section 11 below.

Users of the WebSite are prohibited from posting or transmitting any material that: (a) is in violation of any applicable law or regulation; (b) infringes upon the copyright, trademark, trade secret, or other intellectual property rights of others; (c) violates the privacy, publicity, or other personal rights of others, (d) is defamatory, obscene, threatening, abusive or hateful; (e) contains any viruses, corrupted files, or similar software; (f) falsifies or deletes any author attributions or other similar notices or proprietary designations; or (g) otherwise violates any applicable code of conduct or other guideline that is applicable to such material. Further, you may not use the WebSite to: (i) advertise or offer to sell or buy any goods or WebSite; or (ii) conduct or forward surveys, contests, pyramid schemes, chain letters, or similar items or communications.

Users are also prohibited from violating or attempting to violate the security of the WebSite. More specifically, you are prohibited from doing any of the following: (i) accessing data not intended for you or logging into a server or account that you are not authorized to access; (ii) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measure; (iii) attempting to interfere with the WebSite, including submitting a virus, overloading, "flooding", "spamming", "mailbombing" or "crashing"; or (iv) forging any TCP/IP packet header or any part of the header information in any message or posting. Violations of any applicable law, regulation, or our system or network security may result in civil or criminal liabilities. Whoa Dough reserves the right to investigate such violations, and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

Although under no obligation to do so, Whoa Dough reserves the right to review and remove any content that, in its sole judgment, violates these Terms of Use, violates applicable laws, rules, or regulations, or that is otherwise abusive, disruptive, offensive, harmful, or illegal. Whoa Dough reserves the right to expel users and members of the WebSite and to prevent their further access to the WebSite if they violate our Terms of Use or Privacy Policy. Further, we reserve the right to take any action that we deem appropriate with respect to user content in order to prevent potential liability, damage to our brand or public image, or damage to our relationship with our vendors or suppliers.

When you submit postings, comments, or other content to the WebSite, you grant us a limited, non-exclusive, royalty-free, transferable right and license to copy, use, distribute, reproduce, modify, display, perform, create derivative works from, store and otherwise use such content, in any media known now or in the future, and you represent that you have sufficient rights in the content to make this grant. By submitting suggestions or other feedback regarding the WebSite, you agree that we can use and share (but do not have to) such feedback for any purpose without compensation.

  1. 5. No Representations or Warranties; Limitations on Liability

The information and materials on the WebSite could include technical inaccuracies or typographical errors. Changes are periodically made to the information contained therein. WHOA DOUGH AND/OR ITS SUPPLIERS, AGENTS, PRINCIPALS, OR AFFILIATES MAKE NO REPRESENTATIONS OR WARRANTIES WITH RESPECT TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, ALL OF WHICH IS PROVIDED ON A STRICTLY "AS IS" BASIS, WITHOUT WARRANTY OF ANY KIND AND HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES WITH REGARD TO ANY INFORMATION, MATERIALS OR GRAPHICS ON THE WEBSITE, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. UNDER NO CIRCUMSTANCES SHALL WHOA DOUGH, ITS AFFILIATES, OR THEIR RESPECTIVE SUPPLIERS, AGENTS, OR PRINCIPALS BE LIABLE UNDER ANY THEORY OF RECOVERY, AT LAW OR IN EQUITY, FOR ANY DAMAGES, INCLUDING WITHOUT LIMITATION, SPECIAL, DIRECT, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES (INCLUDING, BUT NOT LIMITED TO LOSS OF USE OR LOST PROFITS), ARISING OUT OF OR IN ANY MANNER CONNECTED WITH THE USE OF INFORMATION OR WEBSITE, OR THE FAILURE TO PROVIDE INFORMATION OR WEBSITE, FROM THE WEBSITE. FURTHER, NO RESPONSIBILITIES ARE ACCEPTED FOR ANY DAMAGE AND/OR DELAY DUE TO SICKNESS, PILFERAGE, LABOR DISPUTES, BANKRUPTCY, MACHINERY OR NETWORK BREAKDOWN, QUARANTINE, GOVERNMENT RESTRAINTS, WEATHER, TERRORISM, OUTAGES, DAMAGES, OR DELAYS ATTRIBUTABLE TO WHOA DOUGH’S LICENSORS, VENDORS, OR SERVICE PROVIDERS, OR OTHER CAUSES BEYOND WHOA DOUGH OR ITS AFFILIATES, AGENTS, OR REPRESENTATIVES’ CONTROL.

If you are a California resident, you waive, to the extent applicable, California Civil Code §1542, which says: "A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor."

  1. 6. Indemnification

You agree to indemnify, defend and hold harmless Whoa Dough, its affiliates, and their respective officers, managers, directors, members, employees, and agents, and their respective successors and assigns, from and against any and all loss, costs, expenses (including reasonable attorneys' fees and expenses), claims, damages and liabilities related to or associated with your use of the WebSite, your violation of any of these Terms of Use, or any misrepresentation of any representation or warranty made by you under these Terms of Use.

  1. 7. Governing Law and Dispute Resolution

These Terms of Use constitute a contract made under, and shall be governed by and construed in accordance with, the laws of the State of Ohio. Any dispute related to these Terms of Use or the WebSite will be submitted to binding arbitration in Cleveland, Ohio, pursuant to the Commercial Arbitration Rules of the American Arbitration Association; provided, however, that either party may seek preliminary injunctive or other equitable relief pending arbitration to preserve the status quo or to prevent irreparable harm. Any dispute you may have with respect to the WebSite or these Terms of Use must be commenced by you within one year after it arises.

  1. 8. Changes to These Terms of Use

These Terms of Use were last updated on December 5, 2019. We may update our Terms of Use as our policies and procedures change from time to time. Without limiting the foregoing, Whoa Dough reserves the right to change the Terms of Use or Privacy Policy under which the WebSite are offered at any time. We encourage you to periodically review this page to become aware of any changes. When you log-in or otherwise continue to use the WebSite, you will be using the WebSite subject to these Terms of Use (as updated). To the extent that any modification to these Terms of Use is deemed invalid or ineffective, for any reason, the terms and conditions of these Terms of Use as in effect immediately prior to such modification shall remain in effect and shall be controlling.

  1. 9. Entire Agreement

These Terms of Use, including the documents referenced by and incorporated into this document, constitute the entire agreement between you and Whoa Dough, and such Terms of Use govern your use of our WebSite, superseding all prior or contemporaneous agreements, understandings, or representations. You also may be subject to: (a) additional terms, conditions, and agreements concerning your use of specific products and WebSite of Whoa Dough (in each case, a “Customer Agreement”); and/or (b) additional, terms, limitations, conditions, and agreements governing certain contests, sweepstakes, or promotions run on or through the WebSite (collectively, the “Contest Rules”). In the event of any conflict or ambiguity between these Terms of Use and the specific Customer Agreement or Contest Rules (as applicable), the terms of your Customer Agreement or Contest Rules (as applicable) will prevail. Except as provided in Section 6 or as expressly provided elsewhere in these Terms of Use, nothing herein expressed or implied is intended or shall be construed to confer upon or give to any person or entity, other than the parties to these Terms of Use, any rights or remedies under or by reason of these Terms of Use.

  1. 11. Copyright Notices/Complaints

It is Whoa Dough's policy to respond to notices of alleged copyright infringement with the Digital Millennium Copyright Act ("DMCA"). If you believe any materials accessible on or from our WebSite infringe your copyright, you may request removal of those materials (or access thereto) from the WebSite by contacting Whoa Dough' copyright agent (identified below) and providing the following information:

Identification of the copyrighted work that you believe to be infringed. Please describe the work, and where possible include a copy or the location (e.g., URL) of an authorized version of the work.

Identification of the material that you believe to be infringing and its location. Please describe the material, and provide us with its URL or any other pertinent information that will allow us to locate the material.

Your name, address, telephone number and (if available) e-mail address.

A statement that you have a good faith belief that the complained of use of the materials is not authorized by the copyright owner, its agent, or the law.

A statement that the information that you have supplied is accurate, and indicating that "under penalty of perjury," you are the copyright owner or are authorized to act on the copyright owner's behalf.

A signature or the electronic equivalent from the copyright holder or authorized representative.

Whoa Dough's agent for copyright issues relating to the WebSite is as follows:

Whoa Dough LLC
675 Alpha Drive, Suite E
Highland Heights, OH 44143 USA
Attention: Copyright
E-mail: hello@whoadough.com
Phone: (440) 299-7894

  1. Notices

For notices that are directed to you under these Terms of Use (including as part of Whoa Dough’s general customer base), Whoa Dough may give notice by means of any of the following: (a) a general notice on the WebSite; (b) by electronic mail to your e-mail address on record in Whoa Dough’s account information; or (c) by written communication sent by first class mail or pre-paid post to your address listed in Whoa Dough’s account information. All notices to be delivered by you to Whoa Dough shall be in writing and shall be delivered by electronic mail to Whoa Dough at the following address: hello@whoadough.com. Either Whoa Dough, on one hand, or you, on the other hand, may update its contact information for receiving notices by providing written notice of such update to the other party in the manner provided in this Section 11. A notice delivered electronically hereunder will be deemed to have been delivered on the date and time of the signed receipt or confirmation of delivery or transmission thereof, unless that receipt or confirmation date and time is not a business day or is after 5:00 p.m. local time on a business day, in which case such notice will be deemed to have been received on the next succeeding business day. A notice delivered by first class mail or pre-paid post will be deemed to have been given three (3) business days after mailing or posting. 

  1. Questions or Comments

Questions or comments regarding the WebSite or these Terms of Use should be sent by e-mail to hello@whoadough.com, or you can call us at (440) 299-7894.