LAST UPDATED APRIL 27, 2021
These Terms constitute an agreement between Dunkin’ Brands, Inc. and its affiliates (collectively, “Dunkin’ Brands” 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.
The DD/BR 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/BR ONLINE SERVICES. By accessing, using and/or submitting information to or through the DD/BR Online Services, you represent that you are at least age 13.
Anyone between age thirteen (13) and eighteen (18) may only use the DD/BR Online Services under the supervision of and with the consent 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 DD/BR 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 DD/BR Online Services.
In creating an account, you agree to:
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.
For certain parts of the DD/BR Online Services, you may choose to add a family member’s name, birthdate, and relationship to your account to receive additional benefits to enjoy with your family member. If you choose to utilize this feature, you hereby represent that you have received appropriate permission to use and provide your family member’s information to us. If you choose to remove a family member from your account, you will no longer receive benefits related to that family member. We reserve the right to limit the number of family members that can be added to your account.
From time to time, Dunkin’ Brands may make special offers available to account holders. These offers may be communicated using various means including electronic communication, email, SMS text messages or direct mail. These special offers may be subject to specific terms, restrictions and conditions, and are subject to change or termination without notice. We are not responsible for any news, reward-earning opportunity, coupon or other offer sent to an incorrect or incomplete email address if your email address is not up-to-date in your profile at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, postage-due or illegible mailings or other communications. We reserve the right to correct and not honor errors made in our communications with you.
You are responsible for providing the equipment and services that you need to access and use the DD/BR Online Services. We do not guarantee that the DD/BR 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 DD/BR Online Services or any component of them and to block or prevent future access to and use of the DD/BR 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 DD/BR Online Services will survive such termination.
The DD/BR Online Services are owned by Dunkin’ Brands 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 DD/BR Online Services. You may not save or archive a significant portion of the material appearing in or on the DD/BR Online Services. All rights not expressly granted herein are reserved by Dunkin’ Brands.
You may use the DD/BR Online Services for lawful purposes and in accordance with these Terms. You may not use the DD/BR Online Services:
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS DUNKIN’ BRANDS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS (THE “DUNKIN’ PARTIES”) 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/BR ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS. This provision does not require you to indemnify any of the Dunkin’ Parties for any unconscionable commercial practice by such party or for such party’s fraud, deception, false promise, misrepresentation or concealment, suppression or omission of any material fact in connection with the DD/BR Online Services.
We are constantly improving the DD/BR Online Services to provide the best possible experience for you and other users. You acknowledge and agree that the DD/BR Online Services, or certain features of the DD/BR Online Services, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current DD/BR Online Services is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the DD/BR Online Services or stop (permanently or temporarily) providing the DD/BR Online Services (or any feature, program or content within the DD/BR 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 DD/BR Online Services at any time. You do not need to specifically inform us when you stop using the DD/BR Online Services.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the DD/BR Online Services, your account details, or any files or other content which are contained in your account. If you have stored DD®Card information in your account, that information will no longer be accessible through your account. However, the associated physical DD Card may still be used. Accordingly, we strongly recommend that you always retain your physical DD Card and not rely solely on the DD/BR Online Services to access your DD Card information.
If you use a mobile device to access the DD/BR Online Services, the following additional terms and conditions (“Mobile Terms”) also apply:
YOUR ACCESS TO AND USE OF THE DD/BR ONLINE SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
To the fullest extent allowed by applicable law, Dunkin’ Brands 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 DD/BR Online Services or any materials available in any DD/BR Online Service. Dunkin’ Brands shall not be liable even if Dunkin’ Brands or a Dunkin’ Brands authorized representative has been advised of the possibility of such damages. These include but are not limited to damages or injury caused by error, omission, interruption, defect, failure of performance, delay in operation or transmission, line failure or computer virus, worm, trojan horse or other harmful component.
Except as expressly otherwise stated, Dunkin’ Brands does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the DD/BR Online Services. Without limiting the generality of the preceding sentence, Dunkin’ Brands 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 DD/BR Online Services.
Dunkin’ Brands does not guarantee that the functions contained in any of the DD/BR Online Services will be secure, uninterrupted or error-free, that each the DD/BR Online Services will be free of viruses or other harmful components, or that defects will be corrected even if Dunkin’ Brands is aware of them.
Except as set forth below, in no event will Dunkin’ Brands 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 DD/BR Online Services or $100, whichever is less. Where permitted by applicable law, 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 Dunkin’ Brands’ liability for any product liability claims, statutory consumer rights, damages associated with death or personal injury or caused by our intentional misconduct, recklessness, misrepresentation, gross negligence, willful misconduct or fraud.
Unless otherwise noted, all materials published on any DD/BR Online Service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Dunkin’ Brands and/or its subsidiaries and affiliates or by other parties that have licensed their material to Dunkin’ Brands.
Dunkin’ Brands marks displayed in the DD/BR Online Services represent some of the proprietary rights currently owned or controlled by Dunkin’ Brands in the United States and/or in other countries and are not intended to be a comprehensive compilation of all Dunkin’ Brands ‘ worldwide proprietary ownership rights.
You may not remove or alter any copyright, trademark or other proprietary right notice in the DD/BR Online Services. All rights not expressly granted are reserved.
This DMCA statement constitutes part of the legal terms and conditions governing all users of the DD/BR Online Services. In compliance with the DMCA (Title 17, United States Code), Dunkin’ Brands 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. Dunkin’ Brands also reserves the right to remove and disable access to any user-posted material which, in Dunkin’ Brands ‘ sole judgment, may be infringing or violating another’s intellectual property right, whether or not Dunkin’ Brands has been notified by the rights holder.
13.1. Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Dunkin’ Brands has adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by Dunkin’ Brands to be repeat infringers. Dunkin’ Brands 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 Dunkin’ Brands to receive notifications of claimed infringement relating to any of the DD/BR Online Services as outlined below.
By mail: Dunkin’ Brands, Inc., 130 Royall Street, Canton, MA 02021
By telephone: 781-737-3518
By email: [email protected]
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 DD/BR Online Services, please notify our Designated Agent listed above in writing and provide the following requisite information:
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 DD/BR 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:
If Dunkin’ Brands 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.
Dunkin’ Brands is unable to accept unsolicited ideas. By submitting any material to us through any of the DD/BR Online Services, you expressly grant to Dunkin’ Brands and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable 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 Dunkin’ Brands 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.
If you are a franchisee or potential franchisee, you may use the DD/BR Online Services for the purpose of learning about the Dunkin’ Brands franchise system or operating your franchise. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee via www.dunkinfranchising.com.
Certain materials on the DD/BR Online Services describe the Dunkin’ Brands 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.
These Terms and any disputes arising under or related to these Terms (whether for breach of contract, tortious conduct or otherwise) will be governed by the laws of the Commonwealth of Massachusetts, without reference to its conflicts of law principles.
Your use of the DD/BR Online Services constitutes electronic communication with Dunkin’ Brands. When you communicate with us via the DD/BR Services or any other form of electronic media, such as email, you are communicating with us electronically. You agree that we may communicate electronically, and that any such electronic communications, including notices, disclosures, agreements, and other communications are equivalent to written communications, satisfy any legal or contractual requirement that such communications be in writing, and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
The provider of the DD/BR Online Services is Dunkin’ Brands, Inc.,
130 Royall Street, Canton, MA 02021.
You may contact the Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in writing at 400 R Street, Suite 1080, Sacramento, California 95814, or by telephone at 916-445-1254 or 800-952-5210. Their website is located at: http://www.dca.ca.gov.
Any California residents under the age of eighteen (18) who have registered to use the DD/BR Online Services and who have posted content or information on the DD/BR Online Services, can request that such information be removed from the DD/BR Online Services by contacting us at [email protected]. Requests must state that the user personally posted such content or information and detail where the content or information is posted. We will make reasonable good faith efforts to remove the post from prospective public view.
This information is not intended as an offer to sell, or the solicitation of an offer to buy, a franchise. It is for information purposes only. Currently, the following states regulate the offer and sale of franchises: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. If you are a resident of or want to locate a franchise in one of these states, we will not offer you a franchise unless and until we have complied with applicable pre-sale registration and disclosure requirements in your state.
*Royalty rates differ by geography, please review FDD for complete details.