Welcome to Papa Murphy’s. The following terms, as updated from time to time (collectively, the “Terms”) govern your access to any part of www.papamurphys.com, mobile papamurphys.com, and any other authorized websites, mobile applications, in-store kiosks or other online services, tools or programs where these Terms appear (collectively, the “Services”). The Services are provided by Papa Murphy’s Holdings, Inc. or one of its affiliated or subsidiary companies (collectively, or individually, as the case may be, “Papa Murphy’s” or “we”). By visiting or using the Services, you expressly agree to these Terms. We may change or modify these Terms from time to time and will post the updated Terms with a “Last Updated” effective date of the revision. Any changes or modifications will be effective immediately upon posting of the changes or modifications, and to the extent permitted by law you waive any right you may have to receive specific notice of such changes or modifications. Your continued access to, use of and/or participation in the Services after these Terms have been changed or modified (see Last Updated date above) signifies your acceptance of any updated Terms. As a result, you should frequently review these Terms to understand the terms and conditions that apply to your access to, use of and/or participation in the Services. If you do not agree to the changed or modified Terms, do not use the Services.
Use of the Services
The Services are made available to provide information about Papa Murphy’s in the United States, and to provide certain marketing and other programs and services offered by Papa Murphy’s (“Programs”). Information made available through the Services may apply only to participating Papa Murphy’s locations operating in the United States. You must be at least 18 years of age to access and use the Services.
You may not use the Services for any purpose that: (a) is prohibited by the Terms; (b) violates any applicable law; (c) causes damage on or through the Services; (d) infringes upon the rights of any third party; (e) is defamatory, libelous, abusive, obscene, pornographic, lewd, indecent, suggestive, harassing, threatening, inflammatory, fraudulent or otherwise objectionable; (f) results in the commercial resale of Papa Murphy’s items without the prior written consent of Papa Murphy’s; or (g) actually affects or interrupts or attempts to affect or interrupt operation of the Services.
You agree to defend, indemnify and hold Papa Murphy’s, its franchise owners and suppliers and each of their respective employees, officers, directors and insurers, harmless from and against any actual or threatened demands of any kind or nature arising out of or in connection with your use of the Services, in connection with the Services or your violation of these Terms.
There are no fees charged by Papa Murphy’s to use the Services, but there may be data usage or other like fees owed to your mobile carrier resulting from such use, for which you are responsible, and you are responsible for payment of any items purchased through the Services.
Papa Murphy’s may discontinue or change specifications on products described and/or displayed through the Services from time to time without prior notice. Papa Murphy’s reserves the right to suspend, block or terminate your access to all or any portion of the Services and/or participation in any Program without notice and in its sole discretion (including without limitation for actual or suspected fraud, unauthorized use of any Program or account or failure to comply with these Terms). Papa Murphy’s also reserves the right to seek all other remedies available at law and in equity.
You agree that if you cease to be the person associated with the mobile number that you provided to Papa Murphy’s, you will text STOP to opt out of the texting program prior to ceasing to use that mobile number. You agree that if you fail to take this step, and if Papa Murphy’s suffers any damages as a result of or in connection with your failure, you will indemnify Papa Murphy’s for those damages.
All Disputes (defined in the next sentence) between you and Papa Murphy’s shall be resolved by binding arbitration. Disputes means all claims and controversies, whether based in contract, statute, regulation, ordinance, tort, or any other legal or equitable theory, and includes disagreements on the validity, enforceability, or scope of this provision that may arise between you and Papa Murphy’s. Your acceptance of these Terms waives your right to be heard by a judge or jury. There is no judge or jury in arbitration, and court review of an arbitration decision is limited. The arbitrator must adhere to this agreement and can award the same damages and relief as a court, including attorneys’ fees if the applicable law provides for attorneys’ fees. YOU AND PAPA MURPHY’S AGREE THAT, EXCEPT AS PROVIDED BELOW, ANY AND ALL DISPUTES ARISING FROM OR RELATING TO ACTS OR OMISSIONS IN THE FUTURE WILL BE RESOLVED EXCLUSIVELY AND FINALLY BY BINDING ARBITRATION RATHER THAN IN COURT.
Notwithstanding the above, you or we may choose to pursue a Dispute in small-claims court and not by arbitration if the Dispute qualifies for initiation in small-claims court, but the Dispute must proceed only on an individual basis and not in a representative capacity or class action.
Either you or we may initiate arbitration proceedings. The American Arbitration Association (AAA), www.adr.org will arbitr ate all Disputes, and the arbitration will be conducted before a single arbitrator. The arbitration shall be commenced as an individual arbitration, and shall in no event be commenced as a class arbitration. All issues shall be for the arbitrator to decide, including the scope of these Terms’ arbitration provision. For Disputes of less than $75,000, the AAA’s Supplementary Procedures for Consumer-Related Disputes will apply; for Disputes involving $75,000 or more, the AAA’s Commercial Arbitration Rules will apply. In either instance, the AAA’s Optional Rules for Emergency Measures of Protection shall apply. The AAA rules are available at www.adr.org or by call ing 1-800-778-7879. These Terms govern in the event they conflict with the applicable arbitration rules. Under no circumstances will class action procedures or rules apply to the arbitration. Because these Terms concern interstate commerce, the Federal Arbitration Act (FAA) governs the arbitrability of all Disputes. However, the arbitrator will apply applicable substantive law consistent with the FAA, except regarding the applicable statute of limitations, which is governed by these Terms.
You agree that any arbitration or court action subject to these Terms must be brought within one year of the date the cause of action arose.
The arbitrator may award on an individual basis any relief that would be available pursuant to applicable law and will not have the power to award relief to, against, or for the benefit of any person who is not a party to the proceeding. The arbitrator will make any award in writing but need not provide a statement of reasons unless requested by a party. Such award will be final and binding on the parties, except for any right of appeal provided by the FAA, and may be entered in any court having jurisdiction over the parties for purposes of enforcement.
You or we may initiate arbitration or a small-claims court proceeding in either Washington state or in the small-claims court in the county, borough, or parish in the state in which you reside.
So long as you make a request in writing to Papa Murphy’s prior to commencement of the arbitration, we will pay all arbitration fees and associated costs and expenses of the arbitrator. But you will still be responsible for all additional fees and costs that you incur in the arbitration, including but not limited to your attorneys’ fees and your expert witnesses costs.
The arbitrator shall not consolidate more than one person’s claims, and shall not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action, or private attorney general action), unless both you and we specifically agree in writing to do so following initiation of the arbitration. If you choose to pursue a Dispute in small-claims court, you cannot be a class representative, class member, or otherwise participate in a class, consolidated, or representative proceeding regarding any Dispute that is subject to these Terms.
You understand and agree that by accepting these Terms, you and we are each waiving the right to a jury trial or a trial before a judge in a public court. In the absence of these Terms, you and we might otherwise have a right or opportunity to bring Disputes in a court, before a judge or jury, and/or to participate or be represented in a case filed in court by others (including class actions). Except as otherwise provided in these Terms, those rights are waived. Other rights that you would have if you went to court (e.g., the rights to both appeal and certain types of discovery) may be more limited or may also be waived.
The Federal Arbitration Act, Washington state law, and applicable U.S. federal law, without regard to the choice or conflicts of law provisions, will govern these Terms. Foreign laws do not apply.
If any clause within these Terms (other than the Class Action Waiver clause above) is found to be illegal or unenforceable, that clause will be severed from these Terms and the remainder will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, these Terms will be unenforceable and the Dispute will be decided by a court.
Program Terms and Accounts
Papa Murphy’s may discontinue, or change from time to time, any Program or Service, including any Program terms, without prior notice. Please see full Program terms for each Program or Service for additional terms applicable to that Program. If you join a Program or set up an account for a Service, Papa Murphy’s may also make account(s) for other Programs available to you. Some Program options are only available if you utilize corresponding program features. Some Programs require that you set up an account with Papa Murphy’s. When you set up an account under any Program, you may be required to choose a user name and password. You may also be able to access your account(s) and/or create an account through third party authorization method(s) (for example, a social media account). You may have the ability to choose to have portions of your account information accessible by third parties (for example, in connection with your use of third party services, such as an electronic wallet). You may have the ability to interact with your account through third party services (for example, third party voice assist services or third party order processing services). All information provided by you must be complete and accurate. If your information changes, you should promptly update your account. If you use the same user name and password for different accounts, the account information from the various Programs may be combined. If you make a change in your account information for one Program there may be an automatic corresponding change to your account information for another Program. Your Program account(s), username(s) and password(s) are for your personal use only. You may have the ability to choose to have your credit card, Papa Murphy’s gift card and/or other payment methods associated with your account(s). You are responsible for maintaining the confidentiality of, and are responsible for all activities that occur under, your Program account(s), username(s) and password(s), Papa Murphy’s gift cards, and any other information that may be used to access your account(s). If you believe your account(s) have been compromised, please immediately access your My Account page, and take immediate action to remove the credit card, Papa Murphy’s gift card and/or other payment method information associated with your account(s). Neither Papa Murphy’s nor any franchise owner or supplier is responsible for undeliverable, lost, returned or misdirected emails or other correspondence related to your account(s), or for use of your Program reward(s), if any, issued under any Program or account(s) without your permission. Papa Murphy’s does not represent or warrant that the Program accounts will always be accessible or accepted. Without notice to you, Papa Murphy’s reserves the right to suspend and/or terminate your account(s) and/or your participation in any Program for any reason in its sole discretion, including without limitation if Papa Murphy’s determines in its sole discretion that you have violated these Terms or the applicable Program terms, you have more than one account, or that the use of your account is unauthorized, deceptive, fraudulent or otherwise unlawful. Papa Murphy’s may, in its sole discretion, suspend or cancel accounts that appear to be inactive, and suspend, cancel or combine accounts that appear to be duplicative.
MySLICE Rewards Program
You may terminate your participation in the MySLICE Rewards Program by contacting Papa Murphy’s at https://papamurphys.formstack.com/forms/myslice. If the MySLICE Rewards Program is terminated, upon termination, all unredeemed Reward Offers and Rewards (defined below) will be forfeited without any obligation or liability, and Reward Offers will no longer be honored and may not be reinstated or transferred; this term shall supersede any conflicting term in a Reward Offer or Reward.
Becoming a Papa Murphy’s MySLICE Rewards Member
Your MySLICE Rewards Program membership, Account, and benefits are personal to you and may not be sold, transferred or assigned to, or shared with, family, friends or others, or used by you for any commercial purpose. You may have only one (1) Account that is personal to you. A social media account with a third party platform may be required to complete actions to earn and/or receive certain Rewards. Your Account number or the phone number associated with your Account may be required to be presented in connection with any MySLICE Rewards Program transaction or activity. The MySLICE Rewards Program is not targeted towards, nor intended for use by, anyone under the age of 18 or outside the United States. All information provided by you must be valid and accurate and you must keep it current.
Earning and Using Rewards
Rewards are valid and redeemable at participating Papa Murphy’s retail locations and on the Website and App, and may be redeemable with third party partners of Papa Murphy’s, as described in the each Reward Offer and/or Reward. The value of any Reward comprising a discount will be applied against the pre-tax purchase amount (i.e., excluding taxes, fees, tips, delivery, and shipping and handling charges) of an applicable purchase. Members are responsible for paying all taxes, fees, tips, and any applicable delivery, shipping and handling charges.
Once a Reward has been redeemed, it will not be refundable and no credits will be issued for any reason. Partial Rewards will not be issued. If a full Reward is not used when redeemed, the remaining balance will be forfeited, no remaining balance will be refunded, nor will any remaining balance be available for application toward future orders. Papa Murphy’s is not responsible for lost or stolen Rewards. If any Rewards are believed to have been sold, exchanged, or obtained fraudulently, or issued to someone other than the member, those Rewards will be void and will not be honored. An Account may be used to earn or receive purchase-based Rewards up to a maximum of two times per day, with a minimum three hours in between each purchase and a spend of $4 before any applicable sales tax and after any applicable discounts per purchase.
Returns and exchanges will be processed in accordance with Papa Murphy’s return and exchange policy. Members will receive a refund for any returned item under such policy, less any Rewards redeemed. No credit or refund of redeemed Rewards will be issued. Rewards earned or received based on purchased items or services that are later returned or refunded may be debited from your Account.
You can check your current Rewards by logging into your Account. A valid Account is required to check Reward Offers and Rewards. Papa Murphy’s will attempt to credit Accounts with Rewards on a timely basis. Rewards may take up to 48 hours to be updated to your Account. Any claim for Rewards not credited accurately must be received by Papa Murphy’s within 30 days of the date on which the you claim accrual of the Reward. Papa Murphy’s will have no liability for any failure, delay, or error in crediting Rewards to your Account.
If you suspect or learn of any fraudulent activity related to your Account, including unauthorized redemption or transfer of Reward Offers or Rewards, you must report the fraudulent activity within 60 days of the date of the fraudulent activity. You can contact us at www.papamurphys.com/contact-us. Credit or debit of any Reward Offers or Rewards will be at Papa Murphy’s sole discretion. Reward Offers and Rewards will not be honored or awarded if in Papa Murphy’s reasonable opinion the items purchased will be used for resale or commercial use. Papa Murphy’s also reserves the right to limit Reward Offers and Rewards to reasonable household quantities.
Rewards may not be earned, received, or redeemed and may be forfeited if unexpected technical difficulties arise.
Other Papa Murphy’s Information
Papa Murphy’s may conduct test Programs from time to time in certain markets that may have additional/different Program terms than those described herein. Papa Murphy’s has no obligation to expand or continue any test.
Inactivity & Cancellation
If you do not use your Account to earn or redeem Rewards during a 12-month period, Papa Murphy’s reserves the right to cancel your participation in the MySLICE Rewards Program, close your Account, and zero-out the Reward Offers and Rewards in your Account. All unredeemed Reward Offers and Rewards will be forfeited immediately upon cancellation and may not be reinstated or transferred.
Reward Offers and Rewards and other related benefits and services are the sole property of Papa Murphy’s, and are not the property of the members. Upon termination of your Account and/or your participation in the MySLICE Rewards Program for any reason, all unredeemed Reward Offers and Rewards will be forfeited and the you will no longer be able to participate in the MySLICE Rewards Program. Reward Offers and Rewards have no cash value and Papa Murphy’s will not compensate or pay cash, cash equivalent, or credit for any forfeited or unused Reward Offers or Rewards.
Whether you may re-enroll in the MySLICE Rewards Program after a termination is at Papa Murphy’s sole discretion. In any event, previously earned Reward Offers and Rewards that were zeroed-out will not be credited to you.
Any unspecified expenses related to the enrollment or use of the MySLICE Rewards Program are solely your responsibility. Rewards may be subject to income or other taxes. You are responsible for paying all income taxes and for making all applicable disclosures to third parties. Papa Murphy’s will not be liable for any tax liability, duty, or other charges in connection with the issuance of Reward Offers or Rewards or any other MySLICE Rewards Program benefits.
Papa Murphy’s may make available to you the ability to order online from our participating Papa Murphy’s locations. These Terms apply only to orders placed through the Services. Minimum order amounts may apply. Any applicable delivery fees, taxes and other amounts due in connection with your order will be identified when you place your order. There may be limits on the dollar values and number of orders that may be placed through the Services. You are responsible for payment of your order by means of a payment option made available through the Services at the time of ordering. We use third party providers and may accept various third party services to process payments. The Papa Murphy’s location identified when you place your order is responsible for fulfilling your order and for any questions or other communications regarding your order. Discounts, coupons and other offers may not be able to be combined with online ordering. Every participating location may not have all menu items identified through the Services. The Services may allow you to customize your order. Portion size references (extra, light, etc.) are for convenience only and do not indicate nutrient content information of any kind. You may be able to, and in some circumstances you may be required to, use your MySLICE Rewards Account (or sign up for MySLICE Rewards) in connection with certain online ordering, in which case the MySLICE Rewards Program terms will also apply.
Third Party Content, Products and Services (including Advertising and Promotions)
Papa Murphy’s may provide third party content on the Services (including embedded content) and links to web pages and content of third parties, including Papa Murphy’s branded, co-branded and/or our franchise owners’ content (collectively, “Third Party Content”). We may also make our Services available to you through your use of services of third parties, such as Google, Facebook and Instagram. When you visit other sites via Third Party Content, or utilize the services of third parties, the terms and policies of the third party sites/services govern such third party site/services, including without limitation use of any of your account information that you choose to make available to such third party. It is your responsibility to determine when you are accessing Third Party Content or services. We do not control, endorse or adopt any Third Party Content or service, including the advertisements or promotions of any third party, and the inclusion of any link to and/or reference to Third Party Content or availability of Third Party Content or services in connection with use of any Papa Murphy’s Service does not imply Papa Murphy’s endorsement, affiliation or adoption of the Third Party Content or service, and Papa Murphy’s makes no guarantee as to its accuracy, completeness, reliability or suitability for your purposes. You agree to comply with all applicable laws, regulations and terms applicable to your use of any such Third Party Content or services. You acknowledge and agree that Papa Murphy’s is not responsible or liable in any manner for Third Party Content or services.
Feedback and Submissions
Submission of any remarks, suggestions, material, information, ideas or other communications (each a “submission”) to the Services, including those provided in connection with a Program or on a public-facing forum made available through the Services, will be maintained by Papa Murphy’s, and at Papa Murphy’s discretion shall be deemed to transfer to Papa Murphy’s all present and future ownership and intellectual property rights in such submission. All submissions by you are voluntary. Papa Murphy’s has no obligation to treat a submission as confidential or to compensate you in any manner for the submission. You agree that Papa Murphy’s has the right, but not the obligation, to display and use your name, likeness and other personal information submitted by you in connection with a submission. If any court determines that Papa Murphy’s does not retain exclusive ownership of any submission, then Papa Murphy’s retains a royalty free, exclusive, perpetual, sublicensable (through multiple tiers) right and license to use, reproduce, cache, modify, display, publicly perform, transmit, adapt, publish, translate, create derivative works from and distribute the submission throughout the universe in any medium and through any methods of distribution, transmission and display whether now known or hereafter devised.
Disclaimer of Warranties and Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, THE SERVICES, AND ALL CONTENT THEREIN, AND ALL THIRD PARTY CONTENT ACCESSIBLE FROM OR THROUGH THE SERVICES, AND ALL PROGRAMS, ARE PROVIDED TO YOU “AS IS,” WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OF THE RIGHTS OF THIRD PARTIES, USAGE OF TRADE, COURSE OF DEALING OR COURSE OF PERFORMANCE, DATA ACCURACY, SYSTEMS INTEGRATION, OR QUIET ENJOYMENT.
WHILE WE MAKE REASONABLE EFFORTS TO PROVIDE TIMELY AND ACCURATE INFORMATION THROUGH THE SERVICES, YOU SHOULD NOT ASSUME THAT THE INFORMATION IS ALWAYS UP TO DATE OR THAT THE SERVICES CONTAIN ALL RELEVANT INFORMATION AVAILABLE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, PAPA MURPHY’S, IT SUPPLIERS AND FRANCHISE OWNERS AND EACH OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, SHAREHOLDERS, AND/OR AGENTS WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO LOSS OF INCOME, PROFITS, GOODWILL, DATA, CONTRACTS, USE OF MONEY, OR LOSS OR DAMAGES ARISING FROM OR CONNECTED IN ANY WAY TO BUSINESS DISRUPTION, WHETHER IN TORT, CONTRACT OR OTHERWISE, ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGES OR INJURY CAUSED BY OR RESULTING FROM RELIANCE BY A USER ON ANY INFORMATION OBTAINED FROM THE SERVICES OR THAT RESULTS FROM UNAUTHORIZED ACCESS TO, ALTERATION, THEFT OR DESTRUCTION OF ANY PROGRAM ACCOUNT(S), MISTAKES, ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, ACCIDENTS, VIRUSES, MISUSE OR FRAUD, DELAYS IN OPERATION, TRANSMISSION OR FAILURES OF PERFORMANCE, DELETION OF FILES OR EMAIL, UNAUTHORIZED USES OF THE SERVICES OR DATA, WHETHER OR NOT RESULTING FROM ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO PAPA MURPHY’S RECORDS, PROGRAMS OR SERVICES. IN NO EVENT SHALL PAPA MURPHY’S AGGREGATE LIABILITY, WHETHER IN CONTRACT, WARRANTY OR TORT, (INCLUDING NEGLIGENCE, WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCTS LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE SERVICES, EXCEED YOUR ACTUAL OR DIRECT DAMAGES, OR $100, WHICHEVER IS LESS.
While job openings are identified as part of the Services, the process of applying for a job is conducted on a separate website(s) not subject to these Terms. Papa Murphy’s is committed to the principles of equal employment opportunity. Applicants are considered for all positions without regard to race, color, religion, marital status, pregnancy, national origin, disability, genetic information, military status or Vietnam-era Veteran status, sexual orientation, gender, gender identity or expression, age or any other status protected by applicable law. Papa Murphy’s encourages all qualified applicants to apply. Papa Murphy’s does not have any responsibility for the hiring practices of its franchise owners.
Visitors Outside of the United States
Papa Murphy’s makes no representation that the information available through the Services is appropriate or available for use outside of the United States. Those who choose to access the Services from outside of the United States do so on their own initiative and are responsible for compliance with applicable local laws.
For More Information
If you have any questions regarding these Terms, please contact us at www.papamurphys.com/contact-us .
© 2020 Papa Murphy’s International LLC. All Rights Reserved.