Terms of Use and Privacy Policy

THERE IS A MANDATORY WAIVER OF CLASS ACTION IN THESE TERMS. PLEASE REVIEW CAREFULLY.

Introduction And Agreement to Be Bound By Terms of Use

The following Terms of Use (“Terms”) apply to you and your activity on websites by Plasko’s Farm, LLC (www.plaskofarm.com) and Plasko’s Franchising, LLC (www.Plaskosfranchising.com) (“Websites”). By using the Websites, including but not limited to purchasing products on the Websites, inquiring about franchise opportunities, and all other inquiries, you agree to abide by and be bound by these Terms. Plasko’s Farm, LLC and Plasko’s Franchising, LLC will collectively be referred to herein as Plasko’s.

Minimum Age for Use of Websites

The Website is not intended to be used by, or targeted to, anyone under the age of 18 years old. If you are under 18 years of age (or the legal age of majority if different in your jurisdiction), please be sure to read these Terms with your parent or guardian, as they must understand and agree to these Terms for you to use the Websites.

We do not knowingly collect personal information from individuals under the age of 13. If you believe a child under the age of 13 has provided personal information, contact us at info@plaskofarm.com and we will delete it.

Modifications to Terms

Plasko’s reserves the right at any time, in its sole discretion and without liability to update, change, modify, or revise these Terms. Any changes will become effective upon posting to the Websites. To the extent permitted by law, you waive any right you may have to receive specific notice of such changes. Your continued access to or use of the Websites, after any such changes indicates your acceptance of the Terms. It is your responsibility to review the Terms regularly for updates and we recommend you review the Terms frequently.

Scope of Websites

Plasko’s maintains, controls, and operates the Websites within the United States of America. Unless otherwise specified, the Websites are intended to promote only Plasko’s products sold by Plasko’s in the United States. Plasko’s makes no representations that materials on the Websites or the products described therein are appropriate or available for use in other locations. All Website visitors are responsible for complying with all local laws and regulations applicable to them regarding their use of, and the content and operation of the Websites.

Acceptable Use

You agree not to: (a) access or use the Websites for any unlawful purpose; (b) scrape, crawl, index, harvest, or reverse engineer the Websites; (c) interfere with or disrupt the Websites or related servers; (d) upload malware or other harmful code; (e) use automated means to access the Websites without our prior written permission; (f) infringe the rights of others or violate any applicable laws.

Links to Third Party Sites

When using the Websites, you may be directed to a third-party website. If you follow a link on the Websites to a third-party website, you will be leaving the realm of these Terms. We are not responsible for the content of and do not endorse those websites and we advise you to separately review the terms and conditions for each third-party website you visit. Plasko’s is not responsible for any damage that may result from your use of such information and products accessible on those third-party websites. Plasko’s is not responsible for your providing personal identifying information and financial information to those third-party websites.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Websites, you must complete any necessary investigation or due diligence. If there is a dispute regarding any commercial transactions with a third party discovered through or linked in the Websites, you expressly hold Plasko’s harmless from any and all liability in any dispute.

How Personal Data Is Used

We use personal data to:

• Send promotional and marketing messages
• Send transactional communications about your orders 
• Fulfill product orders
• Provide customer support or respond if you have contacted us
• Analyze, administer, troubleshoot, and improve our Websites, products and services
• Monitor for and prevent fraud, abuse, and illegal activities
• Perform marketing analysis, targeted marketing, and for other marketing purposes
• Personalize and customize the Websites and your experience
• Track who is opening our communications
• Track your consent choices
• Optimize our menu items
• Other similar activities consistent with this privacy statement

Sometimes we create anonymous information records by excluding data that makes the information identifiable. We use this anonymous data to analyze request and usage patterns to enhance our Webites, products and services.

How We Disclose Your Personal Data

Personal data that we collect may be, or may have been in the preceding 12 months, disclosed for business purposes to the following parties:

Fulfilling Orders. To fulfill orders placed online for Plasko’s products, including but not limited to cake orders.

Service Providers. These are companies with specialized skills, and any company that receives personal data will only use it for the services they’ve been hired to provide. These service providers may help us with things like hosting, data management and storage, marketing or remarketing, to assist users in gathering information about the Plasko’s franchise, website or marketing analytics, email services, surveys, product ordering or fulfillment, quality assurance testing, digital ordering services, processing payments, firewall services, technical support, and other similar services. In addition, our service providers may collect any of the information listed in the Information Collected Automatically section below while they are providing the services they have been hired to do. And, we may sometimes disclose anonymized or deidentified data to our vendors and other third parties.

Required by Law. We will also disclose information if required by law or as necessary to cooperate with an investigation or defend vendors or Plasko’s franchisees. Plasko’s will disclose information in response to subpoenas, warrants, discovery requests, court orders, or in connection with a legal process, or to comply with applicable laws.

Other Disclosures with Your Consent. We may ask if you would like us to disclose your personal data to unaffiliated third parties who are not described elsewhere in this Privacy Policy.

Information Collected Automatically

We automatically collect certain types of data that may qualify as personal data when you use the Websites, services accessed through the Sites, or interact with our advertisements or communications.

Device Information

We may collect data from your device, such as an IP Address (“internet protocol address”), which is a unique series of numbers that is assigned by your internet provider to the device you’re using to access the internet. We may collect other data from your device like device type, device ID, device carrier, browser type, operating system, crash data and other stuff like that. 

Cookies 

We or our service providers may use cookies, pixels, tags, SDKs, or similar technologies when you visit our Websites (“tracking technologies”). Tracking technologies are tiny pieces of code that websites send to internet connected devices to identify them or to store data.

Third Party Analytics

We use analytics service providers like Google Analytics. Our analytics setup may use tracking technologies on your device (which may include an ID that is recognized as a persistent identifier), IP addresses, device IDs or similar tracking technologies. You can find out more about how Google uses data at this link: https://policies.google.com/technologies/partner-sites.

Usage Data

Our Websites also collect information about how you use them – things like your order information, browsing history, check-ins, and other similar information.

End of Privacy Policy.

Disclaimer of Warranties

The Websites, including all content, materials and services provided in connection therewith, are provided “as is” and “as available” without any warranties, express of implied, of any kind, including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.

Plasko’s does not warrant the Websites or that the content will be error-free, uninterrupted, or free of viruses or other harmful components, or that any defects will be corrected. Plasko’s disclaims any and all liability for the acts, omissions, and conduct of any third-party service providers, partners, sponsors, licensors, licensees, or the like (“providers”) in connection with or related to your use of the Websites and the materials, programs, offers, features, and services made available through the Websites.

Any content downloaded or otherwise obtained through the Website is done at your own discretion and risk, and you are solely responsible for any damage to your property, computer system and/or loss of data that results therefrom.

Plasko’s is not responsible for any liability, loss, or damage, caused or alleged to be caused directly or indirectly as a result of the use, application, or interpretation of the information available on the Products.

Purchase Policy

You may purchase treats and drinks from Plasko’s by selecting a link to a third-party website. As explained above, please see the third-party website for its terms and conditions. To purchase a treat, you will need to select a payment option and provide information regarding your credit card or other payment method. You represent and warrant to Plasko’s that such information is true and that you are authorized to use the payment instrument. You will promptly update Plasko’s with any changes (for example, a change in your billing address or credit card expiration date) that may occur. You agree to pay Plasko’s the amount that is specified in the order.

Your Content

If you submit content to Plako’s (“Content”), you agree that the Content:

• is owned by you or that you have the right to use it (including any photographer rights);
• does not in any manner violate or infringe any applicable federal, state, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity, right of privacy, and moral rights of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms;
• does not violate any privacy or publicity rights;
• is not, and could not be construed as, lewd, vulgar, profane, obscene, defamatory, abusive, sexually explicit, racist, hateful, or otherwise objectionable, and does not use any derogatory words, symbols, or images, including anything that could be considered discriminatory or a slur against any group of people, or could be characterized as hate speech; and
• does not contain any viruses, worms, corrupt files, Trojan horses or other forms of corruptive code, or any other content which may compromise our Sites.

Plasko’s reserves the right to cancel any order that breaches these Terms and to suspend or terminate any user’s access to the Websites or any functionality for any violation.  

Plasko’s Intellectual Property, Site License, and User Content

Ownership & Reservation of Rights. The Websites and all materials made available through them, including, without limitation, text, graphics, photographs, videos, audio, audio-visual, software, designs, models, layouts, editorial content, product imagery, look-and-feel, and all Plasko’s names, logos, trademarks, service marks, domain names, and trade dress (whether registered or unregistered)—are owned by Plasko’s or its licensors and protected by intellectual property and other laws. Except as expressly stated below, no rights are granted to you by implication, estoppel, or otherwise, and nothing in these Terms transfers or disposes of any rights in or to the Websites or their contents. You must not do anything that infringes, misappropriates, or otherwise prejudices those rights.

Limited Site License (to You). Subject to these Terms, Plasko’s grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Websites for your personal, non-commercial use. This license does not include any right to reproduce, distribute, publicly perform or display, modify, create derivative works from, scrape, or otherwise exploit the Websites or their content, except as permitted by law or as expressly authorized in writing by Plasko’s. All rights not expressly granted are reserved.

Trademarks. Plasko’s names and logos are trademarks of Plasko’s. No license to use any trademark is granted without our prior written permission.

User Content (Your Rights; Our License). You retain ownership of content you submit (“Content”). You grant Plasko’s a worldwide, perpetual, irrevocable, royalty-free, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display your Content in any media for any lawful purpose, including moderation, marketing, and reposting on social media. You represent and warrant that you have all rights necessary to grant this license.

Legal Exceptions. Nothing in these Terms is intended to limit rights you may have under applicable law (e.g., fair use, accessibility exceptions).

Prohibited Conduct. Your use of the Websites must comply with these and other Terms and Privacy Policy, including any Acceptable Use provisions, which, without limitation, strictly prohibit scraping, automated access, reverse engineering, and security violations.

Communication – Electronic Notice

By using the Websites, you consent to receive communications from Plasko’s electronically, by email. You agree that all legal notices provided via electronic means from Plasko’s satisfy any requirement for written notice. We may also provide notice by posting to the Websites. You are responsible for maintaining accurate contract information.

Indemnification

You agree to defend and indemnify Plasko’s and our subsidiaries, affiliates, franchisees, officers, directors, employees, and agents, as well as any third party vendors, licensors, or providers of content or software for the Websites (collectively the “Website-Related Parties”), from any claim, demand, cause of action, lawsuit or damage, including reasonable attorneys' fees, arising out of or related to your breach of these Terms, or your use or misuse of the Websites or your use or misuse of any content in the Websites. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you agree to cooperate in asserting any available defenses.

Mobile Text Messaging Policy

The terms in this paragraph apply to anyone who signs up to receive one or more text messages from Plasko's ("Text Services"). When you opt-in to Text Services, you are expressly consenting to receive text messages on behalf of Plasko’s using one (1) or more short codes. You will only receive messages from the short code that you opted in to. You may opt out of the Text Services at any time by replying to the text with the word STOP from the enrolled mobile device. If you do that, you consent to receive one additional message confirming your opt-out request. If you need help or have any questions about the Text Services, text HELP from the enrolled mobile device. 

Message and data rates may apply for any messages sent to you from us and to us from you. You are responsible for knowing if your carrier will charge you per-message costs. Plasko’s assume no responsibility for charges incurred by your using the Text Services. If you have any questions about your text plan or data plan, then contact your wireless provider. 

We do not guarantee the availability of the Text Services in all areas at all times or the performance of the Text Services. This means we may not be able to successfully transmit text messages to you, and we have no liability for any such transmission delay or message failure. You must provide your own wireless device, subscribe to a wireless service on a participating mobile carrier, and be able to receive text messages using that wireless device and your carrier’s service.

Text messaging may not be available for all service providers or devices. Carriers are not liable for delayed or undelivered messages.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL PLASKO’S, ITS OFFICERS, MEMBERS, EMPLOYEES, AGENTS, VOLUNTEERS, SUBSIDIARIES, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR: (1) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES OF ANY KIND HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE; AND (2) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS (WHETHER DIRECT OR INDIRECT), IN ALL CASES ARISING OUT OF THE use or inability to use THE WEBSITES, THIRD-PARTY WeBsites OR CONTENT, REGARDLESS OF LEGAL THEORY, WITHOUT REGARD TO WHETHER PLASKO’S HAS BEEN WARNED OF THE POSSIBILITY OF THOSE DAMAGES, and EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE. in no event shall Plasko’s total liability to you for damages, losSes, causes of action exceed the amount paid by you, if any, for accessing and using the websites.



To the extent that applicable law would prohibit such a limitation, these Terms do not limit Plasko’s liability for fraud, fraudulent misrepresentation, death or personal injury. 

Time for Filing a Claim

You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to your use of the Websites, or these Terms, must be commenced by notifying Plasko’s in writing about the claim at claims@plaskofarm.com. Plasko’s shall have thirty days to respond. If you and Plasko’s are unable to resolve the claim or dispute within 30 days, you shall have 1 year after the end of that 30 day period to file a claim in the Courts of the State of Connecticut as set forth in the Choice of Law, Jurisdiction, and Waiver of Jury Trial policy below. If you do not file a claim or cause of action within 1 year, such claim will be forever barred.

Equitable Relief

You acknowledge and agree that in the event of certain of your breaches of the Terms, Plasko’s may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that Plasko’s shall be entitled to, among other relief, injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

Choice of Law, Jurisdiction, and Waiver of Jury Trial

These Terms and any dispute, claim, and/or controversy that in any way relates to or arises in connection with these Terms are governed by and shall be construed in accordance with the laws of the State of Connecticut, without reference to its conflicts of law principles and except to the extent preempted by or inconsistent with federal law. You and Plasko’s further agree to the exclusive jurisdiction of the federal or state courts located in Connecticut to resolve any dispute.  

To the fullest extent permitted by applicable law, you also waive any right to a jury trial in any action, suit or proceeding brought to enforce, defend or interpret any right or remedies under, or arising in connection with or relating to, these Terms and your use of the Websites.

NO CLASS OR REPRESENTATIVE PROCEEDINGS AND CLASS ACTION WAIVER

YOU AND PLASKO’S AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER IN LITIGATION ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION. Unless both you and Plasko’s agree, no judge may consolidate more than one person's claims or otherwise preside over any form of a representative or class proceeding. If a court decides that applicable law precludes enforcement of any of this paragraph's limitations as to a particular claim for relief or request for relief (such as a request for public injunctive relief) and all appeals have been exhausted or the decision is otherwise final, then you and Plasko’s agree that such a claim or request for relief shall be decided by a court.

No Waiver

If Plasko’s does not seek to enforce any part of these Terms, that shall not constitute a waiver of Plasko’s rights under these Terms and Plasko’s rights to seek to enforce the Terms in the future for past or future actions.

SURVIVAL

Sections relating to Privacy, Intellectual Property, Disclaimers, Limitations of Liability, Indemnification, Dispute Resolution, and any other Terms that by their nature should survive, shall survive termination.

FORCE MAJEURE

We are not liable for delays or failures caused by events beyond our reasonable control, including acts of god, labor disputes, acts of government, interruption of internet or utilities, or supply chain disruptions.

Miscellaneous

If any provision(s) of the Terms is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms may not be assigned by You without Plasko’s prior written consent; however, the Terms may be assigned by Plasko’s in its sole discretion. Plasko’s reserves the right to amend, alter, or modify the Terms at any time. All notices from you to Plasko’s with respect to the Terms must be in writing by email to info@plaskofarm.com. We will contact you by phone or email, depending on the information you provide to Plasko’s.