TERMS AND CONDITIONS AGREEMENT

Published Date: February 15, 2023

Welcome to The Music Man Singing Ice Cream website (the “Site”). This Site is provided by The Music Man Singing Ice Cream (“we,” “us,” or “our”) to our customers for informational and transactional purposes only, subject to the terms and conditions described in this agreement (the “Agreement”). Please read this Agreement carefully before accessing or using the Site. By accessing or using the Site, you agree to be bound by this Agreement. If you do not agree to all the terms and conditions of this Agreement, then you may not access the Site or use any services.

1. ACCEPTANCE OF TERMS By using the Site, you agree to be bound by these Terms and Conditions, which constitute a legally binding agreement between you and The Music Man Singing Ice Cream. If you do not agree to these Terms and Conditions, you may not use the Site.
2. PRIVACY POLICY Our Privacy Policy, which is incorporated into this Agreement by reference, explains how we collect, use, and disclose information about our users. By using the Site, you consent to the collection, use, and disclosure of your information as described in the Privacy Policy.
3. AGE RESTRICTIONS The Site is intended for use by individuals who are at least 13 years of age or older. If you are under the age of 13, you may not use the Site without the consent of your parent or legal guardian.
4. ELECTRONIC COMMUNICATIONS When you use the Site or send emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
5. INTELLECTUAL PROPERTY All content included on the Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is our property or the property of our content suppliers and protected by United States and international copyright laws. The compilation of all content on the Site is our exclusive property and protected by U.S. and international copyright laws. All trademarks, service marks, trade names, logos, and other designations are the property of The Music Man Singing Ice Cream or third-party owners who have granted us the right and license to use such property.
6. USE OF THE SITE You may use the Site only for lawful purposes and in accordance with this Agreement. You agree not to use the Site:

• In any way that violates any applicable federal, state, local, or international law or regulation;
• To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation;
• To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm The Music Man Singing Ice Cream or users of the Site or expose them to liability.

7. LIMITATION OF LIABILITY IN NO EVENT SHALL THE MUSIC MAN SINGING ICE CREAM OR ITS AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE SITE OR WITH THE DELAY OR INABILITY TO USE THE SITE, OR FOR ANY INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE), OR SERVICES OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE

Privacy Policy for The Music Man Singing Ice Cream

Effective Date: February 15, 2023

At The Music Man Singing Ice Cream (“us”, “we”, or “our”), we value and respect your privacy. This Privacy Policy explains how we collect, use, and disclose information from and about you when you use our website, https://www.themusicman.com (the “Site”).

Information We Collect We collect information you provide to us directly, such as your name, email address, phone number, credit card information, and any other information you choose to provide when you fill out a contact form or sign up for our email newsletter.

We may also collect certain information automatically when you visit our Site, such as your IP address, browser type and version, time and date of access, and the pages you view on our Site.

Use of Information We use the information we collect from and about you to:

• Respond to your inquiries and requests
• Send you promotional and marketing emails
• Improve and personalize our services and Site
• Analyze and monitor usage of our Site
• Enforce our Terms of Use and other legal agreements
• Comply with legal obligations
• Book and reserve tables as per our Reservation Club

Disclosure of Information We may share your information with third-party service providers who perform services on our behalf, such as email newsletter distribution, website hosting, and website analytics. We may also share your information to comply with legal obligations or to protect our rights and property.

We may also disclose aggregated and anonymized information about our users to third parties for research, marketing, or other purposes.

Your Choices You can choose to opt out of receiving promotional and marketing emails from us by clicking the “unsubscribe” link in the emails we send you. Please note that even if you opt out of receiving promotional emails, we may still send you non-promotional emails related to our services or transactions with you.

Security We take reasonable measures to protect the information we collect from and about you from unauthorized access, disclosure, and use. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security of your information.

Children’s Privacy Our Site is not directed to children under the age of 13, and we do not knowingly collect or use personal information from children under 13 years of age. If we become aware that we have collected personal information from a child under 13, we will take steps to remove that information from our servers.

Updates to Privacy Policy We may update this Privacy Policy from time to time to reflect changes in our information practices. We will notify you of any material changes by posting the updated Privacy Policy on our Site or by other means. We encourage you to periodically review this page for the latest information on our privacy practices.

Contact Us If you have any questions or concerns about this Privacy Policy, please contact us at support@themusicman.com.