PRIVACY & TERMS
Off Track Ice Cream is located at:
Off Track Ice Cream
6 Beaufain Street
Charleston, SC 29401
Like most website operators, Off Track Ice Cream collects non-personally-identifying information of the sort that web browsers and servers typically make available, such as the browser type, language preference, referring site, and the date and time of each visitor request. Off Track Ice Cream’s purpose in collecting non-personally identifying information is to better understand how Off Track Ice Cream’s visitors use its website. From time to time, Off Track Ice Cream may release non-personally-identifying information in the aggregate, e.g., by publishing a report on trends in the usage of its website.
Off Track Ice Cream also collects potentially personally-identifying information like Internet Protocol (IP) addresses for logged in users and for users leaving comments on https://offtrackicecream.com blog posts. Off Track Ice Cream only discloses logged in user and commenter IP addresses under the same circumstances that it uses and discloses personally-identifying information as described below.
Gathering of Personally-Identifying Information
Certain visitors to Off Track Ice Cream’s websites choose to interact with Off Track Ice Cream in ways that require Off Track Ice Cream to gather personally-identifying information. The amount and type of information that Off Track Ice Cream gathers depends on the nature of the interaction. For example, we ask visitors who sign up for a blog at https://offtrackicecream.com to provide a username and email address.
The security of your Personal Information is important to us, but remember that no method of transmission over the Internet, or method of electronic storage is 100% secure. While we strive to use commercially acceptable means to protect your Personal Information, we cannot guarantee its absolute security.
Links To External Sites
We have no control over, and assume no responsibility for the content, privacy policies or practices of any third party sites, products or services.
Https://offtrackicecream.com uses Google AdWords for remarketing
You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
Protection of Certain Personally-Identifying Information
Off Track Ice Cream discloses potentially personally-identifying and personally-identifying information only to those of its employees, contractors and affiliated organizations that (i) need to know that information in order to process it on Off Track Ice Cream’s behalf or to provide services available at Off Track Ice Cream’s website, and (ii) that have agreed not to disclose it to others. Some of those employees, contractors and affiliated organizations may be located outside of your home country; by using Off Track Ice Cream’s website, you consent to the transfer of such information to them. Off Track Ice Cream will not rent or sell potentially personally-identifying and personally-identifying information to anyone. Other than to its employees, contractors and affiliated organizations, as described above, Off Track Ice Cream discloses potentially personally-identifying and personally-identifying information only in response to a subpoena, court order or other governmental request, or when Off Track Ice Cream believes in good faith that disclosure is reasonably necessary to protect the property or rights of Off Track Ice Cream, third parties or the public at large.
If you are a registered user of https://offtrackicecream.com and have supplied your email address, Off Track Ice Cream may occasionally send you an email to tell you about new features, solicit your feedback, or just keep you up to date with what’s going on with Off Track Ice Cream and our products. We primarily use our website to communicate this type of information, so we expect to keep this type of email to a minimum. If you send us a request (for example via a support email or via one of our feedback mechanisms), we reserve the right to publish it in order to help us clarify or respond to your request or to help us support other users. Off Track Ice Cream takes all measures reasonably necessary to protect against the unauthorized access, use, alteration or destruction of potentially personally-identifying and personally-identifying information.
Off Track Ice Cream may collect statistics about the behavior of visitors to its website. Off Track Ice Cream may display this information publicly or provide it to others. However, Off Track Ice Cream does not disclose your personally-identifying information.
This site uses affiliate links and does earn a commission from certain links. This does not affect your purchases or the price you may pay.
To enrich and perfect your online experience, Off Track Ice Cream uses “Cookies”, similar technologies and services provided by others to display personalized content, appropriate advertising and store your preferences on your computer.
Those who engage in transactions with Off Track Ice Cream – by purchasing Off Track Ice Cream’s services or products, are asked to provide additional information, including as necessary the personal and financial information required to process those transactions. In each case, Off Track Ice Cream collects such information only insofar as is necessary or appropriate to fulfill the purpose of the visitor’s interaction with Off Track Ice Cream. Off Track Ice Cream does not disclose personally-identifying information other than as described below. And visitors can always refuse to supply personally-identifying information, with the caveat that it may prevent them from engaging in certain website-related activities.
If Off Track Ice Cream, or substantially all of its assets, were acquired, or in the unlikely event that Off Track Ice Cream goes out of business or enters bankruptcy, user information would be one of the assets that is transferred or acquired by a third party. You acknowledge that such transfers may occur, and that any acquirer of Off Track Ice Cream may continue to use your personal information as set forth in this policy.
Terms & Conditions
Agreement between User and https://offtrackicecream.com
Welcome to https://offtrackicecream.com. The https://offtrackicecream.com website (the “Site”) is comprised of various web pages operated by Off Track Ice Cream, LLC (“Off Track Ice Cream”). https://offtrackicecream.com is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://offtrackicecream.com constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://offtrackicecream.com is a Website.
Visiting https://offtrackicecream.com or sending emails to Off Track Ice Cream constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
Children Under Thirteen
Off Track Ice Cream does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://offtrackicecream.com only with permission of a parent or guardian.
Links to Third Party Sites/Third Party Services
https://offtrackicecream.com may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Off Track Ice Cream and Off Track Ice Cream is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Off Track Ice Cream is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Off Track Ice Cream of the site or any association with its operators.
Certain services made available via https://offtrackicecream.com are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://offtrackicecream.com domain, you hereby acknowledge and consent that Off Track Ice Cream may share such information and data with any third party with whom Off Track Ice Cream has a contractual relationship to provide the requested product, service or functionality on behalf of https://offtrackicecream.com users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Off Track Ice Cream or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Off Track Ice Cream content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Off Track Ice Cream and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Off Track Ice Cream or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Off Track Ice Cream account to third party accounts. By connecting your Off Track Ice Cream account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Off Track Ice Cream from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Off Track Ice Cream Content accessed through https://offtrackicecream.com in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Off Track Ice Cream, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Off Track Ice Cream reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Off Track Ice Cream in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Off Track Ice Cream agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. OFF TRACK ICE CREAM, LLC AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
OFF TRACK ICE CREAM, LLC AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. OFF TRACK ICE CREAM, LLC AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Off Track Ice Cream reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of South Carolina and you hereby consent to the exclusive jurisdiction and venue of courts in South Carolina in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Off Track Ice Cream as a result of this agreement or use of the Site. Off Track Ice Cream’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Off Track Ice Cream’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Off Track Ice Cream with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Off Track Ice Cream with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Off Track Ice Cream with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Off Track Ice Cream reserves the right, in its sole discretion, to change the Terms under which https://offtrackicecream.com is offered. The most current version of the Terms will supersede all previous versions. Off Track Ice Cream encourages you to periodically review the Terms to stay informed of our updates.
Off Track Ice Cream welcomes your questions or comments regarding the Terms:
Off Track Ice Cream, LLC
6 Beaufain Street
Charleston, South Carolina 29401
Effective as of April 15, 2019
(Physical gift cards also available in-store)