These Terms constitute an agreement between Courthouse Coffee & Creamery LLC dba. MABELS. and its affiliates (collectively, “MABELS’ or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.
1. Additional Terms
Certain services offered by through the MABELS Online Services, including mobile applications, loyalty programs, sweepstakes and other prize promotions, may be governed by additional terms and conditions presented in conjunction with them. You must agree to the additional terms before using such services. These Terms and any additional terms will apply equally. In the event of an irreconcilable inconsistency between any additional terms and these Terms, the additional terms will prevail.
2. Changes to Terms
We may change these Terms so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the MABELS Online Services. If you are a registered user or are on our electronic mailing list, we may also notify you of such material changes via email. We may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of the MABELS Online Services. By continuing to use the MABELS Online Services after such notice and/or acceptance, you agree to be bound by these Terms as modified. All changes are effective when we post them and apply to your access and use of the MABELS Online services thereafter. Changes to the Dispute Resolution provisions (Section 19 below) do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.
3. Users and Accounts
The MABELS Online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE DD ONLINE SERVICES. By accessing, using and/or submitting information to or through the MABELS Online Services, you represent that you are at least age 13.
Anyone between age thirteen (13) and eighteen (18) may only use the MABELS Online Services under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER'S ACCESS TO AND USE OF THE MABELS ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.
You may need to create and register an account in order to use certain MABELS Online Services. In creating an account, you agree to:
> create only one account;
> provide honest, accurate, current and complete information regarding yourself;
> keep your information updated and accurate;
> keep your account password private and not share it with others; and
> notify MABELS if you discover or suspect that your account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.
You are responsible for providing the equipment and services that you need to access and use the MABELS Online Services. We do not guarantee that the MABELS Online Services are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the MABELS Online Services or any component of them and to block or prevent future access to and use of the MABELS Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the MABELS Online Services will survive such termination
4. Personal Use Only
The MABELS Online Services are owned by MABELS and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the MABELS Online Services. You may not save or archive a significant portion of the material appearing in or on the MABELS Online Services. All rights not expressly granted herein are reserved by MABELS.
6. Responsible Use of the MABELS Online Services
You may use the MABELS Online Services for lawful purposes and in accordance with these Terms. You may not use the MABELS Online Services:
> for any purpose that is unlawful or prohibited by these Terms;
> to cause harm or damage to any person or entity;
> interfere with the proper operation of the MABELS Online Services; or
> to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by MABELS in its sole discretion).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS MABELS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY DD ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
7. Provision of the MABELS Online Services
We are constantly improving the MABELS Online Services to provide the best possible experience for you and other users. You acknowledge and agree that the MABELS Online Services, or certain features of the MABELS Online Services, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current MABELS Online Services is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the MABELS Online Services or stop (permanently or temporarily) providing the MABELS Online Services (or any feature, program or content within the MABELS Online Services) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the MABELS Online Services at any time. You do not need to specifically inform us when you stop using the MABELS Online Services.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the MABELS Online Services, your account details, or any files or other content which are contained in your account.
If you use a mobile device to access the MABELS Online Services, the following additional terms and conditions (“Mobile Terms”) also apply:
> You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the MABELS Online Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
> You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
> Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
> When you opted in to participate in one of our text message programs, you provided your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate shortcode.
> Message frequency depends on the program.
YOUR ACCESS TO AND USE OF THE MABELS ONLINE SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
8. Product Sales and Availability
All products and offers available through the MABELS Online Services will be delivered only within the United States. (As used in these Terms, unless otherwise required by context, “United States” means the United States of America, including Washington, D.C. but excluding Puerto Rico and U.S. territories, possessions and military installations.) All prices displayed on the MABELS Online Services are quoted in U.S. Dollars and are valid and effective only in the United States. MABELS reserves the right without prior notice to discontinue or change pricing and other specifications on products offered through the MABELS Online Services.
9. Service-Specific Terms and Conditions
9.1. MABELS Mobile Application
If you choose to download the MABELS Mobile Application (“Mobile App”), you must accept our End-User License Agreement, which will govern your use of the Mobile App in addition to these Terms.
The “My Offers” section of the Mobile App makes special offers available from time to time (“App Offers”). App Offers may be based on your particular location or purchasing history using the Mobile App. App Offers also may be subject to additional terms and conditions as described in the App Offer. These App Offers and the "My Offers" section of the App are integrated features of the Mobile App. If any App Offer is identified as a “Location-based Offer”, the Location-based Offer will only appear in the "My Offers" section of the Mobile App and only if your mobile device’s GPS/location settings are enabled and you are in a location where the Location-based Offer is valid. If you do not wish to receive App Offers, you must delete the Mobile App from your mobile device(s).
9.2 MABELS Online Store
The following additional terms and conditions apply to your use of the MABELS Online Store (www.crazyshake.net/shop)
9.3.1 Site Transactions. We reserve the right to refuse any order you place with us. We may limit or cancel purchases at any time for any reason. If we change or cancel an order, we will attempt to notify you using the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that we believe, in our sole discretion, may be placed by dealers, resellers or distributors.
9.3.2 Online Food Order Transactions. We reserve the right to refuse any order you place with us. We may limit or cancel purchases at any time for any reason. If we change or cancel an order, we will attempt to notify you using the email and/or billing address/phone number provided at the time the order was made. All items on orders must be paid for in full in order to be received. If item is not paid for, we reserve the right to not fulfill the order. If you want to pay in cash, you must call the order into the store. During peak times (Fridays and Saturdays) food orders could take longer than expected. If you have questions about the ordering process please call 804-598-5344. We reserve the right to limit or prohibit orders that we believe, in our sole discretion, may be placed by dealers, resellers or distributors.
9.3.3 Returns and Pricing. Please see our return MABELS Online Store policy here.. Certain products sold through the MABELS Online Store may be subject to return or exchange only online through the applicable return policy.
9.3.4 Third Party Site Operation and Order Processing.
YOU HEREBY ACKNOWLEDGE AND AGREE THAT MABELS USES STRIPE & SQUARE AS ITS THIRD-PARTY VENDOR FOR OPERATION, PAYMENT PROCESSING AND ORDER FULFILLMENT THROUGH THE MABELS ONLINE STORE. YOU HEREBY ACKNOWLEDGE AND AGREE THAT STRIPE & SQUARE IS A THIRD-PARTY BENEFICIARY OF THESE TERMS AND THAT ALL RIGHTS OF MABELS HEREUNDER (INCLUDING WITHOUT LIMITATION YOUR GRANT OF LICENSES (IF ANY) AND MABELS LIMITATION OF LIABILITY AND INDEMNIFICATION) APPLY EQUALLY TO MABELS.
10. MABELS Disclaimer of Warranty and Limitation of Liability
To the fullest extent allowed by applicable law, MABELS is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of the MABELS Online Services or any materials available in any MABELS Online Service.
Except as expressly otherwise stated, MABELS does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the MABELS Online Services. Without limiting the generality of the preceding sentence, MABELS specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the MABELS Online Services.
MABELS does not guarantee that the functions contained in any of the MABELS Online Services will be secure, uninterrupted or error-free, that each the MABELS Online Services will be free of viruses or other harmful components, or that defects will be corrected even if MABELS is aware of them.
In no event will MABELS and its parent's or affiliates' total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the MABELS Online Services or $100, whichever is less. You agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.
Nothing in these Terms will exclude or limit MABELS liability for death or personal injury caused by our negligence.
11. Copyright and Trademark
Unless otherwise noted, all materials published on any MABELS Online Service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by MABELS and/or its subsidiaries and affiliates or by other parties that have licensed their material to MABELS.
MABELS marks displayed in the MABELS Online Services represent some of the proprietary rights currently owned or controlled by MABELS in the United States and/or in other countries and are not intended to be a comprehensive compilation of all MABELS worldwide proprietary ownership rights.
You may not remove or alter any copyright, trademark or other proprietary right notice in the MABELS Online Services. All rights not expressly granted are reserved.
12. Digital Millennium Copyright Act (“DMCA”) Policy
This DMCA statement constitutes part of the legal terms and conditions governing all users of the MABELS Online Services. In compliance with the DMCA (Title 17, United States Code), MABELS will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. MABELS also reserves the right to remove and disable access to any user-posted material which, in MABELS sole judgment, may be infringing or violating another's intellectual property right, whether or not MABELS has been notified by the rights holder.
13.1. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, MABELS has adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by MABELS to be repeat infringers. MABELS may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another's intellectual property right, whether or not there is repeat infringement.
13.2. Designated Agent
In compliance with the DMCA, the Designated Agent for MABELS' to receive notifications of claimed infringement relating to any of the MABELS Online Services is Jennifer, Roberts, Trademark Manager.
By mail: MABELS, 1800 A South Creek One, Powhatan, VA 23139
By telephone: 804-598-5344
13.3. Notice of Claimed Copyright Infringement
If you believe that your copyright has been infringed or violated by any material posted on any of the MABELS Online Services, please notify our Designated Agent listed above in writing and provide the following requisite information:
13.3.1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
13.3.2. identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
13.3.3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
13.3.4. information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
13.3.5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
13.3.6. a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
13.4. Counter-Notification to Claimed Copyright Infringement
Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any of the MABELS Online Services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
13.4.1. your physical or electronic signature;
13.4.2. identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
13.4.3. a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
13.4.4. your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Maryland, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If MABELS receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
13.5. Liability for Misrepresentation under the DMCA
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorneys' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Accordingly, if you are not sure whether certain material or activity infringes your or another's copyright, please consult with a qualified attorney.
Links provided within the MABELS Online Services will allow you to connect to other websites and services that are not under MABELS control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
15. Errors and Inaccuracies.
The MABELS Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the MABELS Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of color or other product features is accurate. If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund.
16. Feedback and Submissions
Unfortunately, MABELS is unable to accept unsolicited ideas. But thanks for thinking of us. By submitting any material to us through any of the MABELS Online Services, you expressly grant to MABELS and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sub licensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of MABELS and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise ("your identification"), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In addition, you warrant that all so-called "moral rights" have been waived.
You may use the MABELS Online Services solely for the purpose of learning about the MABELS franchise system. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee via www.crazyshake.net.
17. Geographical Scope of the MABELS Online Services
MABELS controls and operates the MABELS Online Services from within the United States. Unless otherwise specified on any MABELS Online Services, the MABELS Online Services are intended to promote only those MABELS products that are sold by MABELS in the United States; MABELS makes no representation that the materials in the MABELS Online Services or the products described thereby are appropriate or available for use in other locations. If you access the MABELS Online Services from outside the United States, be advised the MABELS Online Services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of the MABELS Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the MABLES Online Services.
18. Franchise Prospects
Certain materials on the MABELS Online Services describe the MABELS System. They do not constitute an offering for the sale of a franchise. Such offering is only commenced by our delivery of the Franchise Disclosure Document to you in compliance with the Federal Trade Commission Rule on Franchising and various state laws regulating the sale of franchise opportunities.
You may use the MABELS Online Services solely for the purpose of learning about the MABELS franchise system. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee via
19. Dispute Resolution
YOU AND MABELS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and MABELS and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “MABELS”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration in Powhatan County, Commonwealth of Virginia administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. MABELS will provide such notice by e-mail to your e-mail address on file with MABELS and you must provide such notice by e-mail to with “Legal Dispute” appearing in the subject line. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, MABELS will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse MABELS for all fees associated with the arbitration that MABELS paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. MABELS and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither MABELS nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the MABELS Online Services by any authority.
23. General Provisions
No delay or failure on the part of MABELS to enforce any part of these Terms will constitute a waiver of any of MABELS' rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by MABELS nor the reliance of any person on MABELS actions will be deemed to constitute a waiver of any part of these terms. Only a specific, written waiver signed by an authorized representative of MABELS will have any legal effect whatsoever. If any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by MABELS but you may not assign them without the prior express written consent of MABELS. The headings and captions contained herein are for convenience only.
If you have questions regarding any of these Terms, you can email us , call us at 804-598-5433, or write to us care of MABELS Customer Service, 1800 A South Creek One, Powhatan, VA 23139.
© 2016 Courthouse Coffee & Creamery LLC dba. MABELS.
The MABELS name, design, logos and related marks are registered trademarks of Courthouse Coffee & Creamery LLC dba. MABELS. All rights reserved.
Last updated: January 2020