Effective date: May 2, 2026

Terms of Use

These Terms of Use (“Terms”) govern your access to and use of the website at thefrostycone.com (the “Site”) operated by thefrostycone LLC(“we,” “us,” or “our”), which does business as The Frosty Cone. By using the Site, you agree to these Terms. If you do not agree, do not use the Site.

Permitted use

You may use the Site for lawful purposes and in accordance with these Terms. You agree not to misuse the Site, interfere with its operation, attempt unauthorized access, or use automated means to scrape or overload our systems.

Products, events, and availability

Information on the Site (including schedules, locations, and menus) is for general information only. Pop-up locations, hours, flavours, and availability may change due to weather, permits, or other factors. We do not guarantee that any particular product will be available at any time.

Third-party links and embeds

The Site may include links to third-party websites or embedded maps. We are not responsible for third-party content or practices. Your use of third-party services is governed by their terms and policies.

Intellectual property

The Site’s design, text, graphics, logos, and other content are owned by us or our licensors and are protected by copyright and other intellectual property laws. Do not copy, modify, or distribute content from the Site without our prior written permission, except as allowed by law.

Disclaimers

THE SITE AND ITS CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT, TO THE FULLEST EXTENT PERMITTED BY LAW.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, OR GOODWILL, ARISING FROM YOUR USE OF THE SITE. OUR TOTAL LIABILITY FOR ANY CLAIM ARISING OUT OF THESE TERMS OR THE SITE WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED U.S. DOLLARS (USD $100) OR (B) THE AMOUNT YOU PAID US FOR GOODS OR SERVICES DIRECTLY RELATED TO THE CLAIM IN THE TWELVE MONTHS BEFORE THE CLAIM (IF ANY).

Indemnity

To the extent permitted by law, you agree to defend and indemnify us against claims, damages, losses, and expenses (including reasonable attorneys’ fees) arising from your misuse of the Site or violation of these Terms.

Governing law and venue

These Terms are governed by the laws of the State of California, without regard to conflict-of-law principles. For disputes that belong in court, you and we agree to the exclusive jurisdiction and venue of the state and federal courts located in San Diego County, California, except that either party may seek injunctive relief in any court of competent jurisdiction.

Changes

We may update these Terms from time to time. The updated Terms will be posted on this page with a new effective date. Continued use of the Site after changes constitutes acceptance of the revised Terms.