Terms of Service

1. Acceptance of Terms

By accessing and using the Music City Bagels website located at musiccitybagels.com ("Website"), mobile application ("App"), or any services provided by Music City Bagels, LLC ("Company," "we," "us," or "our"), you ("User," "you," or "your") accept and agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations.

If you do not agree to these Terms, you must immediately discontinue use of our Website, App, and services. These Terms constitute a legally binding agreement between you and Music City Bagels, LLC.

2. Eligibility

You must be at least 13 years of age to use our Website and App. If you are under 18 years of age, you may only use our services with the involvement and consent of a parent or legal guardian. By using our services, you represent and warrant that:

• You have the legal capacity to enter into these Terms
• You are not located in a country subject to U.S. government embargo
• You will comply with all applicable local, state, national, and international laws
• All information you provide is accurate, current, and complete

3. User Accounts

Certain features of our services may require you to create an account. When creating an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Keep your password secure and confidential
• Accept responsibility for all activities under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account at any time for any reason, including violation of these Terms or suspected fraudulent activity.

4. Permitted Use

Our Website and App are provided for your personal, non-commercial use. You are granted a limited, non-exclusive, non-transferable, revocable license to access and use our services subject to these Terms.

5. Prohibited Conduct

You agree NOT to:

• Use our services for any unlawful purpose or in violation of any applicable laws
• Attempt to gain unauthorized access to our systems, servers, or networks
• Interfere with or disrupt the integrity or performance of our services
• Use any automated system, including "robots," "spiders," or "scrapers" to access our services
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of our services
• Impersonate any person or entity or misrepresent your affiliation
• Upload or transmit viruses, malware, or other harmful code
• Collect or harvest personal information of other users
• Engage in any activity that could damage, disable, or impair our services
• Use our services to send unsolicited communications (spam)
• Attempt to reverse engineer, decompile, or disassemble our software
• Remove, alter, or obscure any proprietary notices on our services

6. Intellectual Property Rights

All content on this Website and App, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, software, and the overall design and layout ("Content"), is the exclusive property of Music City Bagels, LLC or its content suppliers and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

The Music City Bagels name, logo, taglines ("Indulge One Bagel at a Time"), and all related names, logos, product and service names, designs, and slogans are trademarks of Music City Bagels, LLC. You may not use these marks without our prior written permission.

You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any Content obtained from our services without our express written consent.

7. User-Generated Content

If you submit, post, or transmit any content to our services (including reviews, comments, photos, or social media posts mentioning us), you grant Music City Bagels a non-exclusive, royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

You represent and warrant that you own or have the necessary rights to submit such content and that your content does not violate any third-party rights or applicable laws.

8. Third-Party Links and Services

Our services may contain links to third-party websites, applications, or services, including but not limited to payment processors, delivery services, and social media platforms. We are not responsible for the content, privacy policies, or practices of any third-party sites or services. Your use of third-party services is at your own risk and subject to their respective terms and policies.

9. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement
• Warranties that our services will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy, reliability, or completeness of any information
• Warranties that defects will be corrected or that our services are free of viruses

10. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MUSIC CITY BAGELS, LLC, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR:

• Any indirect, incidental, special, consequential, or punitive damages
• Any loss of profits, revenue, data, or goodwill
• Any damages arising from your use or inability to use our services
• Any damages arising from unauthorized access to or alteration of your data
• Any damages exceeding the amount you paid to us in the twelve (12) months preceding the claim

Some jurisdictions do not allow the exclusion of certain warranties or limitation of liability, so some of the above limitations may not apply to you.

11. Indemnification

You agree to indemnify, defend, and hold harmless Music City Bagels, LLC, its officers, directors, employees, agents, licensors, and suppliers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to:

• Your violation of these Terms
• Your use of our services
• Your violation of any third-party rights
• Any content you submit or transmit through our services

12. Modifications to Terms

We reserve the right to modify these Terms at any time at our sole discretion. Changes will be effective immediately upon posting to the Website. We will indicate the date of the last update at the top of these Terms. Your continued use of our services after any changes constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

13. Termination

We may terminate or suspend your access to our services immediately, without prior notice or liability, for any reason, including breach of these Terms. Upon termination, your right to use our services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnification, and limitations of liability.

14. Severability

If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect. The invalid provision shall be modified to the minimum extent necessary to make it valid and enforceable.

15. Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Music City Bagels, LLC.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Music City Bagels, LLC regarding your use of our services and supersede all prior agreements and understandings.

1. Order Placement

Orders may be placed through our mobile application available on iOS and Android platforms. By placing an order, you are making an offer to purchase products subject to these Terms. All orders are subject to acceptance and availability.

2. Order Acceptance

Your receipt of an order confirmation does not constitute our acceptance of your order. We reserve the right to accept or decline your order for any reason, including but not limited to:

• Product unavailability or discontinuation
• Errors in product or pricing information
• Suspected fraudulent or unauthorized transactions
• Orders that exceed reasonable household quantities
• Technical or system errors
• Inability to verify payment information

3. Pricing and Payment

All prices are displayed in U.S. dollars and are subject to change without notice. Prices do not include applicable sales tax, which will be calculated at checkout based on your delivery location or pickup location.

We accept major credit cards, debit cards, and other payment methods as indicated in our App. By providing payment information, you represent that you are authorized to use the payment method and authorize us to charge the full order amount plus applicable taxes and fees.

4. Order Modifications and Cancellations

Once an order is submitted, modifications or cancellations may not be possible if food preparation has already begun. Please contact us immediately at (256) 403-1487 if you need to modify or cancel an order. Refunds for cancelled orders are processed at our discretion and may take 5-10 business days to appear on your statement.

5. Pickup Orders

For pickup orders, you must arrive at the designated time. Orders not picked up within 30 minutes of the scheduled pickup time may be discarded, and no refund will be issued. Please bring a valid ID or order confirmation for pickup verification.

6. Delivery Orders

Delivery is available within an 8-mile radius of our Oxford, Alabama location during delivery hours (Mon-Sat 6AM-2:30PM, Sun 7AM-2:30PM). Delivery availability, times, and fees are subject to change and may vary based on demand, weather conditions, and staffing.

You are responsible for providing accurate delivery information. We are not responsible for orders delivered to incorrect addresses provided by you. Someone must be available to receive the delivery at the designated time.

7. Refunds and Returns

Due to the perishable nature of our products, we generally do not accept returns. If you receive an incorrect or damaged order, please contact us within 24 hours at (256) 403-1487 or [email protected] with photos of the issue. Refunds or replacements will be provided at our discretion after investigation.

8. Promotional Offers and Discounts

Promotional offers, discounts, and coupons are subject to specific terms and conditions, may have expiration dates, and cannot be combined unless explicitly stated. We reserve the right to modify or discontinue promotions at any time without notice.

1. Catering Inquiries

Catering requests can be submitted through our website contact form or by calling (256) 403-1487. All catering orders require advance notice of at least 48 hours for standard orders and 1 week for large events (50+ guests). We recommend booking 2-4 weeks in advance for the best availability.

2. Catering Quotes and Pricing

Catering quotes are estimates and may change based on final guest count, menu selections, and service requirements. Final pricing will be confirmed before your event. Prices include food preparation and packaging; delivery, setup, and service fees are additional if applicable.

3. Deposits and Payment

A non-refundable deposit of 50% is required to secure your catering date. The remaining balance is due 48 hours before the event or upon delivery/pickup. Payment methods include cash, check, and major credit cards.

4. Guest Count and Menu Changes

Final guest counts and menu selections must be confirmed at least 48 hours before the event. Increases in guest count are subject to availability. Decreases of more than 10% within 48 hours of the event may not result in a price reduction.

5. Cancellation Policy

• More than 7 days before event: Full refund minus deposit
• 3-7 days before event: 50% of total order refunded
• Less than 3 days before event: No refund
• Day of event: Full payment required

6. Delivery and Setup

Catering delivery is available within a 25-mile radius of our Oxford location. Delivery fees are based on distance and order size. Setup services, if requested, incur additional fees. You are responsible for providing adequate space, tables, and electrical access if needed.

7. Food Safety and Handling

We prepare all catering orders fresh and package them for safe transport. Once food leaves our facility, you are responsible for proper storage and handling. Perishable items should be refrigerated promptly and consumed within the timeframe provided. We are not responsible for illness or issues arising from improper food handling after delivery.

8. Allergies and Dietary Restrictions

Please inform us of any allergies or dietary restrictions when placing your catering order. While we make every effort to accommodate special requests, we cannot guarantee that our products are free from allergens. See our Food & Allergen Disclosure section for more information.

9. Equipment and Rentals

Any serving equipment, platters, or rental items provided by Music City Bagels must be returned clean and undamaged within 3 business days. Replacement fees will be charged for lost, damaged, or unreturned items.

1. Allergen Information

Music City Bagels offers a variety of products that may contain or come into contact with common allergens, including but not limited to:

• Wheat/Gluten: Present in all bagels, breads, and many baked goods
• Dairy/Milk: Present in cream cheese, butter, milk-based drinks, and many menu items
• Eggs: Present in breakfast sandwiches, baked goods, and certain sauces
• Soy: May be present in oils, breads, and processed ingredients
• Tree Nuts: Present in some schmears, pastries, and specialty items
• Peanuts: May be present in certain products and processed in our facility
• Fish/Shellfish: Present in lox, salmon, and seafood items
• Sesame: Present in some bagel toppings and products

2. Cross-Contact Disclosure

Our products are prepared in a shared kitchen environment.Even if a product does not contain a specific allergen as an ingredient, cross-contact with allergens may occur during storage, preparation, or serving. We cannot guarantee that any product is completely free from any allergen.

3. Gluten-Free Options

While we may offer items that do not contain gluten ingredients, we do NOT have a certified gluten-free kitchen. Cross-contact with gluten is likely due to the nature of our products. Customers with celiac disease or severe gluten sensitivity should be aware of this risk.

4. Customer Responsibility

It is the customer's responsibility to:

• Inform our staff of any allergies or dietary restrictions before ordering
• Review ingredient information and ask questions about specific products
• Make informed decisions about consuming our products based on your health needs
• Carry and know how to use emergency medication (such as an EpiPen) if you have severe allergies

5. Nutritional Information

Nutritional information for our products is available upon request. Please note that actual nutritional content may vary based on portion size, preparation methods, and ingredient substitutions. Our nutritional information is intended as a general guide and should not be relied upon for medical or dietary decisions.

6. Food Safety Standards

Music City Bagels adheres to all applicable food safety regulations and guidelines established by the Alabama Department of Public Health and the FDA. Our staff is trained in food safety and handling procedures. We maintain proper food storage temperatures, practice good hygiene, and follow HACCP principles.

7. Consumer Advisory

Consuming raw or undercooked meats, poultry, seafood, shellfish, or eggs may increase your risk of foodborne illness. Some menu items may be prepared to order and may contain ingredients that are not fully cooked. Please inform your server if you have concerns.

8. Limitation of Liability

While we take allergen concerns seriously, Music City Bagels cannot guarantee the complete absence of any allergen in our products. We are not liable for allergic reactions or adverse health effects resulting from the consumption of our products, especially when allergen information was not communicated to our staff or when customers choose to consume products despite known allergen risks.

Music City Bagels, LLC ("Company," "we," "us," or "our") respects your privacy and is committed to protecting your personal information. This Privacy Policy explains how we collect, use, disclose, and safeguard your information when you visit our website, use our mobile application, visit our physical location, or interact with us in any way.

1. Information We Collect

a. Information You Provide Directly

• Account Information: Name, email address, phone number, password when you create an account
• Order Information: Delivery address, billing address, payment information, order history
• Contact Information: Name, email, phone number when you contact us or submit inquiries
• Catering Requests: Event details, date, location, guest count, menu preferences
• Loyalty Program: Email address and preferences when you join our loyalty program
• Feedback and Reviews: Comments, ratings, and suggestions you submit
• Job Applications: Resume, employment history, references if you apply for employment

b. Information Collected Automatically

• Device Information: IP address, browser type, operating system, device identifiers
• Usage Data: Pages visited, time spent on pages, links clicked, referring URLs
• Location Data: Approximate location based on IP address; precise location if you enable location services
• Cookies and Tracking Technologies: See our Cookie Policy section for details

c. Information from Third Parties

• Payment Processors: Transaction confirmation and fraud prevention data
• Delivery Partners: Delivery status and completion information
• Social Media: Information you share when interacting with our social media pages
• Analytics Providers: Aggregated website and app usage statistics

2. How We Use Your Information

We use the information we collect for the following purposes:

• Order Fulfillment: Process, prepare, and deliver your orders
• Customer Service: Respond to inquiries, complaints, and feedback
• Account Management: Create and manage your account, authenticate users
• Payment Processing: Process payments and prevent fraud
• Marketing Communications: Send promotional emails, offers, and updates (with your consent)
• Personalization: Customize your experience and provide relevant recommendations
• Analytics: Analyze usage patterns to improve our services
• Legal Compliance: Comply with legal obligations and protect our rights
• Safety and Security: Detect and prevent fraud, abuse, and security threats

3. Legal Basis for Processing (GDPR)

If you are located in the European Economic Area (EEA), our legal bases for processing your information include:

• Contract Performance: Processing necessary to fulfill orders and provide services
• Legitimate Interests: Processing necessary for our business operations, fraud prevention, and service improvement
• Consent: Processing based on your explicit consent (e.g., marketing communications)
• Legal Obligation: Processing required to comply with applicable laws

4. Information Sharing and Disclosure

We do not sell your personal information to third parties.We may share your information in the following circumstances:

• Service Providers: Third-party vendors who help us operate our business (payment processors, delivery services, email providers, hosting services)
• Business Partners: Partners involved in joint promotions or co-branded services
• Legal Requirements: When required by law, subpoena, court order, or government request
• Protection of Rights: To protect our rights, privacy, safety, or property, and that of our customers and the public
• Business Transfers: In connection with a merger, acquisition, or sale of assets
• With Your Consent: When you have given us explicit permission

5. Data Retention

We retain your personal information for as long as necessary to fulfill the purposes described in this Privacy Policy, unless a longer retention period is required or permitted by law. Criteria used to determine retention periods include:

• The duration of our relationship with you
• Legal obligations requiring data retention
• Statute of limitations for potential legal claims
• Business needs such as financial record-keeping

6. Data Security

We implement appropriate technical and organizational security measures to protect your personal information, including:

• Encryption of data in transit using SSL/TLS
• Secure payment processing through PCI-compliant providers
• Access controls limiting employee access to personal data
• Regular security assessments and updates
• Employee training on data protection practices

However, no method of transmission over the Internet or electronic storage is 100% secure. While we strive to protect your information, we cannot guarantee absolute security.

7. Your Rights and Choices

Depending on your location, you may have the following rights regarding your personal information:

• Access: Request a copy of the personal information we hold about you
• Correction: Request correction of inaccurate or incomplete information
• Deletion: Request deletion of your personal information (subject to legal requirements)
• Portability: Request a copy of your data in a portable format
• Restriction: Request restriction of processing in certain circumstances
• Objection: Object to processing based on legitimate interests
• Withdraw Consent: Withdraw consent for processing based on consent
• Opt-Out: Unsubscribe from marketing communications at any time

To exercise these rights, please contact us at [email protected] or (256) 403-1487. We will respond to your request within the timeframe required by applicable law.

8. California Privacy Rights (CCPA)

If you are a California resident, you have additional rights under the California Consumer Privacy Act (CCPA):

• Right to know what personal information we collect, use, disclose, and sell
• Right to delete personal information (with certain exceptions)
• Right to opt-out of the sale of personal information (we do not sell personal information)
• Right to non-discrimination for exercising your privacy rights

To make a request, contact us at [email protected] with "California Privacy Rights" in the subject line.

9. Children's Privacy

Our services are not directed to children under the age of 13. We do not knowingly collect personal information from children under 13. If we learn that we have collected personal information from a child under 13, we will take steps to delete such information promptly. If you believe a child under 13 has provided us with personal information, please contact us.

10. International Data Transfers

Your information may be transferred to and processed in the United States or other countries where our service providers are located. These countries may have different data protection laws than your country of residence. By using our services, you consent to the transfer of your information to these countries.

11. Third-Party Links

Our website and app may contain links to third-party websites or services. We are not responsible for the privacy practices of these third parties. We encourage you to review the privacy policies of any third-party sites you visit.

12. Changes to This Privacy Policy

We may update this Privacy Policy from time to time. We will notify you of any material changes by posting the new Privacy Policy on this page and updating the "Last Updated" date. We encourage you to review this Privacy Policy periodically.

13. Contact Us

If you have questions or concerns about this Privacy Policy or our data practices, please contact us:

• Email: [email protected]
• Phone: (256) 403-1487
• Mail: Music City Bagels, 101 Hamric Drive E, Oxford, AL 36203

1. What Are Cookies?

Cookies are small text files that are placed on your computer or mobile device when you visit a website. They are widely used to make websites work more efficiently and to provide information to website owners. Cookies can be "persistent" (remain on your device until deleted) or "session" (deleted when you close your browser).

2. How We Use Cookies

We use cookies and similar technologies for the following purposes:

a. Essential Cookies

These cookies are necessary for the website to function and cannot be switched off. They include cookies that enable you to log in, add items to your cart, and complete transactions.

b. Performance Cookies

These cookies collect anonymous information about how visitors use our website, such as which pages are visited most often and if visitors encounter error messages. This helps us improve how our website works.

c. Functionality Cookies

These cookies allow our website to remember choices you make (such as your username, language, or region) and provide enhanced, personalized features.

d. Targeting/Advertising Cookies

These cookies may be set by our advertising partners to build a profile of your interests and show you relevant ads on other sites. They do not directly store personal information but are based on uniquely identifying your browser and device.

3. Third-Party Cookies

We may use third-party services that set their own cookies, including:

• Analytics Providers: To understand how visitors use our website
• Social Media Platforms: To enable social sharing features
• Payment Processors: To facilitate secure payment transactions
• Advertising Networks: To deliver relevant advertisements

4. Managing Cookies

Most web browsers allow you to control cookies through their settings. You can typically:

• View what cookies are stored on your device
• Delete individual or all cookies
• Block third-party cookies
• Block cookies from specific sites
• Set preferences for certain websites
• Block all cookies

Please note that blocking all cookies may impact your experience on our website and limit certain functionality.

5. Do Not Track

Some browsers have a "Do Not Track" feature that signals to websites that you do not want your online activity tracked. Our website does not currently respond to "Do Not Track" signals due to the lack of a common industry standard for their interpretation.

6. Updates to This Cookie Policy

We may update this Cookie Policy from time to time to reflect changes in technology, legislation, or our data practices. Please check this page periodically for updates.

Our Commitment

Music City Bagels is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone and applying the relevant accessibility standards to ensure we provide equal access to all users.

Conformance Status

We strive to conform to the Web Content Accessibility Guidelines (WCAG) 2.1 Level AA standards. These guidelines explain how to make web content more accessible for people with disabilities and more user-friendly for everyone.

Accessibility Features

Our website includes the following accessibility features:

• Keyboard Navigation: All interactive elements are accessible via keyboard
• Skip Links: Skip to main content links for screen reader users
• ARIA Labels: Proper ARIA attributes for screen reader compatibility
• Color Contrast: Text meets WCAG AA contrast requirements
• Alt Text: Descriptive alternative text for all meaningful images
• Focus Indicators: Visible focus states for keyboard navigation
• Semantic HTML: Proper heading hierarchy and landmark regions
• Responsive Design: Content adapts to different screen sizes and zoom levels
• Form Labels: All form inputs have associated labels
• Error Identification: Clear error messages and instructions

Assistive Technologies

Our website is designed to be compatible with the following assistive technologies:

• Screen readers (JAWS, NVDA, VoiceOver, TalkBack)
• Screen magnification software
• Speech recognition software
• Keyboard-only navigation

Known Limitations

While we strive for full accessibility, some content may have limitations:

• Third-party content or embedded services may not fully meet accessibility standards
• Some older PDF documents may not be fully accessible
• User-generated content may not always meet accessibility guidelines

We are actively working to address these limitations and improve accessibility across all content.

Feedback

We welcome your feedback on the accessibility of our website. If you encounter any accessibility barriers or have suggestions for improvement, please contact us:

• Email: [email protected]
• Phone: (256) 403-1487
• Address: 101 Hamric Drive E, Oxford, AL 36203

We try to respond to accessibility feedback within 5 business days.

Purpose

This Notice and Cure Policy establishes a process for individuals to notify Music City Bagels of any accessibility barriers they encounter on our website or mobile application, and allows us the opportunity to cure any such barriers before legal action is initiated.

Notice Requirements

Before initiating any legal action regarding accessibility, we respectfully request that you first provide us with written notice that includes:

1. Your name and contact information (email and/or phone number)
2. A description of the accessibility barrier(s) you encountered
3. The specific webpage URL(s) or app feature(s) where the barrier exists
4. The assistive technology you were using (if applicable)
5. The date(s) you encountered the barrier
6. Screenshots or other documentation (if available)

How to Submit Notice

Please submit your accessibility notice to:

Cure Period

Upon receipt of a valid accessibility notice, Music City Bagels will:

• Acknowledge receipt within 5 business days
• Investigate the reported barrier(s) within 15 business days
• Provide a written response outlining our findings and proposed remediation plan within 30 business days
• Implement reasonable remediation within 60 business days of the initial notice (or provide a timeline for more complex issues)

Good Faith Efforts

We commit to making good faith efforts to:

• Take all accessibility notices seriously and investigate promptly
• Communicate openly about our remediation efforts and timelines
• Provide alternative means of access while barriers are being addressed
• Document all accessibility improvements made
• Continuously monitor and improve accessibility

Alternative Access

If you encounter an accessibility barrier that prevents you from accessing our services, we are happy to provide assistance through alternative means:

• Phone orders: (256) 403-1487
• In-person assistance at our location
• Email assistance for menu information and catering inquiries

1. Governing Law

These Terms and any dispute arising out of or related to these Terms or your use of our services shall be governed by and construed in accordance with the laws of the State of Alabama, United States, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

2. Informal Resolution First

Before initiating any formal dispute resolution proceeding, you agree to first contact us at [email protected] to attempt to resolve the dispute informally. We will try to resolve disputes with you directly, and most concerns can be resolved quickly and satisfactorily at this stage.

If a dispute is not resolved within 30 days of your initial contact, either party may proceed with the formal dispute resolution processes described below.

3. Binding Arbitration Agreement

You and Music City Bagels, LLC agree that any dispute, claim, or controversy arising out of or relating to these Terms, your use of our services, or any products or services purchased from us shall be resolved through binding individual arbitration, rather than in court, except that:

• Either party may bring an individual action in small claims court if the claim qualifies
• Either party may seek injunctive relief in court for infringement or misappropriation of intellectual property rights

4. Arbitration Rules and Procedures

Arbitration shall be conducted by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, as modified by these Terms. The AAA Rules are available at www.adr.org.

The arbitration will be conducted:

• By a single arbitrator selected in accordance with AAA Rules
• In Calhoun County, Alabama, or another mutually agreed location
• In English
• The arbitrator's decision will be final and binding

Payment of filing, administration, and arbitrator fees will be governed by the AAA Rules. For claims of $10,000 or less, Music City Bagels will reimburse you for filing fees upon request and will pay all other AAA and arbitrator fees. For claims exceeding $10,000, fee allocation will follow AAA Rules.

5. Class Action Waiver

YOU AND MUSIC CITY BAGELS AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, OR REPRESENTATIVE ACTION.

Unless both you and Music City Bagels agree otherwise in writing, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, collective, or representative proceeding.

6. Jury Trial Waiver

YOU AND MUSIC CITY BAGELS HEREBY WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHTS TO SUE IN COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY. You and Music City Bagels are instead electing to have claims and disputes resolved by arbitration as set forth above.

7. Opt-Out of Arbitration

You may opt out of the arbitration agreement within 30 days of first using our services by sending written notice to:

Your opt-out notice must include your name, address, phone number, and a clear statement that you wish to opt out of the arbitration agreement. If you opt out, you may pursue claims in court, subject to the other provisions of these Terms.

8. Time Limitation on Claims

Any claim or cause of action arising out of or related to these Terms or your use of our services must be filed within one (1) year after such claim or cause of action arose, or it will be permanently barred. This limitation applies regardless of the statute of limitations that would otherwise apply.

9. Venue for Non-Arbitrable Disputes

For any disputes not subject to arbitration, you agree to submit to the personal and exclusive jurisdiction of the state and federal courts located in Calhoun County, Alabama. You waive any objection to venue in such courts.

10. Severability of Dispute Resolution Terms

If any portion of this Dispute Resolution section is found to be unenforceable, the remaining portions shall remain in full force and effect. If the class action waiver is found to be unenforceable for a particular claim, then the arbitration agreement shall be deemed null and void for that claim only, and that claim may proceed in court.