Terms of Service

Welcome to East End Bagel. These Terms of Service ("Terms") govern your access to and use of the website located at eastendbagel.com, our online ordering platform, mobile applications, and all related services (collectively, the "Services").

By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not access or use the Services.

To use our Services, you must meet the following eligibility requirements:

• Age Requirement: You must be at least 16 years old to use our Services. If you are under 18, you may only use our Services with the involvement and consent of a parent or legal guardian.
• Legal Capacity: You must have the legal capacity to enter into binding contracts in your jurisdiction.
• Location: Our Services are primarily available to customers in the New York City metropolitan area. Delivery is limited to specific geographic zones around our locations.
• Compliance: You agree to comply with all applicable local, state, national, and international laws and regulations.

By using our Services, you represent and warrant that you meet all eligibility requirements. We reserve the right to refuse service to anyone for any reason at any time.

When you create an account with us, you must provide accurate, complete, and current information. You are responsible for:

• Account Security: Maintaining the confidentiality of your account credentials (username and password)
• Account Activity: All activities that occur under your account, whether authorized by you or not
• Notification: Promptly notifying us of any unauthorized use of your account or any other breach of security
• Accuracy: Keeping your account information accurate and up to date

3.1 Account Creation

Creating an account is optional but provides benefits such as faster checkout, order history, loyalty rewards, and saved preferences. You may also place orders as a guest without creating an account.

3.2 Account Termination

You may delete your account at any time through your account settings or by contacting us. We reserve the right to suspend or terminate accounts that violate these Terms or for any other reason at our sole discretion.

East End Bagel offers handcrafted bagels, sandwiches, spreads, coffee, and related products and services. We make every effort to display our products accurately, including colors, ingredients, and descriptions.

4.1 Product Descriptions

We strive to provide accurate product descriptions and images. However, we do not warrant that product descriptions, images, or other content are accurate, complete, reliable, current, or error-free. Actual products may vary slightly from images shown due to the handcrafted nature of our products.

4.2 Product Availability

All products are subject to availability. We reserve the right to limit quantities, discontinue products, or impose purchase limits at our sole discretion. In the event a product is unavailable, we will notify you and offer alternatives or a refund.

4.3 Allergens & Dietary Information

While we provide allergen information for our products, our kitchen handles wheat, dairy, eggs, nuts, soy, and fish. We cannot guarantee that any product is completely free of allergens. Customers with severe allergies should exercise caution and consult with our staff before ordering.

4.4 Catering Services

Our catering services are subject to separate terms outlined in our catering agreement. Catering orders require advance notice (typically 48-72 hours) and are subject to availability and minimum order requirements.

All prices are displayed in US Dollars (USD) and are subject to change without notice. We reserve the right to modify prices at any time, but any price changes will not affect orders already confirmed.

5.1 Pricing

• Menu Prices: Prices listed on our website and in-store are subject to change
• Taxes: All applicable sales taxes will be added to your order total
• Delivery Fees: Delivery fees vary based on distance and order size
• Service Fees: Third-party delivery platforms may charge additional service fees
• Promotions: Discount codes and promotions are subject to their specific terms and may expire without notice

5.2 Payment Methods

We accept the following payment methods:

• Major credit and debit cards (Visa, Mastercard, American Express, Discover)
• Apple Pay and Google Pay
• PayPal
• East End Bagel gift cards
• Cash (in-store and on delivery)

5.3 Payment Authorization

By providing payment information, you authorize us to charge your payment method for the order total, including any applicable taxes, fees, and delivery charges. All payments are processed securely through PCI-compliant payment processors.

When you place an order, you are making an offer to purchase products from us. Your offer is subject to acceptance by us.

6.1 Order Acceptance

Receipt of an order confirmation does not constitute our acceptance of the order. We reserve the right to refuse or cancel any order for reasons including but not limited to:

• Product unavailability
• Errors in product or pricing information
• Suspected fraud or unauthorized activity
• Order exceeds purchase limits
• Delivery to an unsupported location

6.2 Order Modifications & Cancellations

You may modify or cancel your order within 5 minutes of placement through your order confirmation page or by contacting us directly. After 5 minutes, preparation begins and modifications may not be possible. For scheduled orders, modifications can be made up to 2 hours before the scheduled time.

6.3 Pricing Errors

In the event of a pricing error, we reserve the right to correct the error and either honor the order at the correct price or cancel the order and issue a full refund. We will notify you of any pricing errors as soon as possible.

7.1 Pickup Orders

Pickup orders are typically ready within 15-20 minutes of placement. You will receive a notification when your order is ready. Please bring your order confirmation (email or app) and a valid ID when picking up your order.

• Orders held for up to 30 minutes after ready notification
• After 30 minutes, we may dispose of the order without refund
• Please notify us if you'll be late picking up your order

7.2 Delivery Orders

Delivery is available within a 3-mile radius of each of our three locations. Delivery times are estimates and may vary based on order volume, weather, traffic, and other factors.

• Standard Delivery Time: 30-45 minutes
• Minimum Order: $15 for delivery
• Free Delivery: On orders of $25 or more
• Delivery Hours: Match store hours at each location

7.3 Delivery Issues

If you're not home at the scheduled delivery time, our driver will attempt to contact you. If unable to reach you, the order may be returned to the store and you may be responsible for redelivery fees or forfeiture of the order.

All content on our website and in our Services — including but not limited to text, graphics, logos, images, audio clips, digital downloads, data compilations, recipes, and software — is the property of East End Bagel or its content suppliers and is protected by United States and international copyright, trademark, and other intellectual property laws.

8.1 Trademarks

"East End Bagel," our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of East End Bagel. You may not use such marks without our prior written permission.

8.2 Limited License

We grant you a limited, non-exclusive, non-transferable, revocable license to access and use our Services for your personal, non-commercial use, subject to these Terms. This license does not include:

• The right to modify, distribute, or create derivative works from our content
• The right to use our content for commercial purposes without written permission
• The right to use data mining, robots, or similar data gathering methods
• The right to download or copy account information for another merchant's benefit

8.3 Recipes & Trade Secrets

Our recipes, baking techniques, and preparation methods are proprietary trade secrets. You may not reproduce, distribute, or commercially exploit our recipes or methods without express written consent.

Our Services may allow you to submit reviews, comments, photos, and other content ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, perpetual, irrevocable right to use, reproduce, modify, adapt, publish, translate, distribute, and display such content in any media.

9.1 Your Responsibilities

You are solely responsible for your User Content. You represent and warrant that:

• You own or have the necessary rights to your User Content
• Your User Content does not violate any third-party rights
• Your User Content is accurate and not misleading
• Your User Content complies with these Terms

9.2 Prohibited Content

You may not submit User Content that:

• Is defamatory, obscene, or offensive
• Violates any law or third-party rights
• Contains spam, advertising, or promotional material
• Contains viruses or malicious code
• Impersonates any person or entity

9.3 Our Rights

We reserve the right to remove any User Content at our sole discretion, without notice. We are not obligated to monitor User Content but may do so.

You agree not to use our Services to:

Violation of these prohibitions may result in termination of your access to our Services and may lead to legal action.

Our Services may contain links to third-party websites, services, or applications that are not owned or controlled by East End Bagel. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

You acknowledge and agree that East End Bagel shall not be liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods, or services available on or through any such websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

OUR SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. EAST END BAGEL EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

• Implied warranties of merchantability and fitness for a particular purpose
• Warranties that our Services will be uninterrupted, timely, secure, or error-free
• Warranties regarding the accuracy or reliability of any information obtained through our Services
• Warranties that defects in our Services will be corrected

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you. This disclaimer does not affect any statutory rights you may have that cannot be excluded by agreement.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL EAST END BAGEL, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION:

• Loss of profits, data, use, goodwill, or other intangible losses
• Any damages resulting from your access to or use of (or inability to access or use) our Services
• Any conduct or content of any third party on our Services
• Any content obtained from our Services
• Unauthorized access, use, or alteration of your transmissions or content

OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING FROM OR RELATED TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE AMOUNT YOU PAID US IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.

You agree to defend, indemnify, and hold harmless East End Bagel, its affiliates, licensors, service providers, and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns 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, including your User Content
• Your violation of any third-party right, including intellectual property, privacy, or proprietary rights
• Any breach of your representations and warranties under these Terms

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with us in defending such claims.

These Terms remain in full force and effect while you use our Services. We may terminate or suspend your access to our Services immediately, without prior notice or liability, for any reason, including if you breach these Terms.

15.1 Your Termination Rights

You may terminate your account at any time by:

• Deleting your account through your account settings
• Contacting us at [email protected]

15.2 Effect of Termination

Upon termination:

• Your right to use our Services will immediately cease
• We may delete your account and related data, subject to legal retention requirements
• All provisions of these Terms which by their nature should survive termination shall survive, including ownership provisions, warranty disclaimers, indemnity, and limitations of liability

15.3 Outstanding Orders

If you have pending orders at the time of termination, we will fulfill those orders or provide refunds as appropriate, subject to our standard policies.

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions will remain in effect.

These Terms constitute the entire agreement between you and East End Bagel regarding our Services and supersede any prior agreements.

We are committed to resolving disputes amicably and efficiently. Before initiating any legal action, we encourage you to contact us to resolve the issue informally.

17.1 Informal Resolution

Before filing any claim, you agree to contact us at [email protected] to attempt to resolve the dispute informally. We will have 30 days to resolve the issue after receiving your notice.

17.2 Binding Arbitration

If informal resolution fails, any dispute arising from or relating to these Terms or our Services shall be resolved through binding arbitration in New York County, New York, in accordance with the rules of the American Arbitration Association (AAA).

• Arbitration shall be conducted on an individual basis (no class actions)
• The arbitrator's decision shall be final and binding
• You may pursue claims in small claims court if they qualify

17.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. This waiver applies to all disputes, whether in arbitration or court.

We reserve the right to modify these Terms at any time. When we make changes, we will:

• Update the "Last Updated" date at the top of this page
• For material changes, provide prominent notice on our website
• For significant changes, send an email to registered users

Your continued use of our Services after any changes constitutes acceptance of the new Terms. If you do not agree to the updated Terms, you must stop using our Services.

We encourage you to review these Terms periodically to stay informed of updates.

If you have any questions, concerns, or notices regarding these Terms, please contact us using the information below:

Our Legal Address

East End Bagel — Legal Department
123 East End Avenue
New York, NY 10028
United States

Notice Procedure

For any legal notices required under these Terms, please send written notice to the address above or via email to [email protected]. Notices sent by email are effective upon receipt.

Response Time

We aim to respond to all legal inquiries within 5 business days. For urgent matters, please call us directly.