Terms of Service
These terms explain the rules that apply when you visit our website, place an order, make a purchase or otherwise interact with The Crooked Cup online.
1. Acceptance of these Terms
These Terms of Service (the “Terms”) are an agreement between you and The Crooked Cup (“The Crooked Cup,” “we,” “us” or “our”). They govern your access to and use of thecrookedcup.com and any pages, forms, ordering links, features or content made available through the website (collectively, the “Website”).
By using the Website, you represent that you are legally capable of agreeing to these Terms. If you place an order on behalf of another person or organization, you represent that you are authorized to do so. A parent or legal guardian should supervise use by a minor.
2. Website information and permitted use
The Website provides information about our café, menu, hours, location, online ordering, catering, private events, gift cards, loyalty opportunities, careers and related services. Website content is provided for general information and may be changed without notice.
You may use the Website only for lawful, personal and noncommercial purposes, including learning about The Crooked Cup, contacting us and purchasing our products or services. No ownership right in the Website or its content is transferred to you.
3. Online orders
Online ordering may be provided through the Website or through a third-party ordering and payment provider. An order is not accepted until you receive an order confirmation. We may decline or cancel an order when an item is unavailable, information is incorrect, payment cannot be authorized, the order appears fraudulent or we cannot reasonably fulfill the request.
You are responsible for reviewing your selected location, items, quantities, modifications, pickup time and contact information before submitting an order. Estimated preparation and pickup times are estimates and may change because of order volume, staffing, equipment, weather or other circumstances.
Unless delivery is expressly offered during checkout, online orders are for pickup at the location shown in the order confirmation. You are responsible for picking up the order within a reasonable time. Product quality and food safety may be affected by delayed pickup.
4. Prices, taxes, tips and payment
Prices displayed online may differ from in-store prices and may change at any time before an order is submitted. The final checkout screen will show the purchase price and any applicable taxes, tips, service charges or other disclosed fees before you authorize payment.
By submitting an order, you authorize The Crooked Cup and its payment provider to charge the selected payment method for the total shown at checkout. You represent that you are authorized to use that payment method. Temporary authorizations or pending charges may appear before a transaction is finalized; questions about those holds should be directed to your card issuer.
If an obvious pricing, description or technical error affects an order, we may contact you to correct the order or cancel it and issue any refund required by applicable law.
5. Order changes, cancellations and refunds
Please call us promptly at (970) 484-7375 if you need to request an order change or cancellation. Because preparation may begin immediately, we cannot guarantee that an order can be changed or canceled after it is submitted.
If an order is incorrect, incomplete, damaged or cannot be fulfilled, contact us as soon as reasonably possible. We will review the circumstances and, when appropriate, offer a correction, replacement, store credit or refund. Refunds are returned to the original payment method when practicable and may take additional time to appear depending on the payment provider or financial institution.
Nothing in these Terms limits any refund, cancellation or other right that cannot legally be limited.
7. Allergies and dietary information
Our kitchen and preparation areas handle common allergens, which may include milk, eggs, wheat, soy, peanuts, tree nuts and other ingredients. Although we take reasonable care, we cannot guarantee that any item is completely free from an allergen or that cross-contact will not occur.
Menu descriptions and dietary labels are informational and are not medical advice. If you have a food allergy, sensitivity or dietary restriction, please speak directly with a team member before ordering. Do not rely solely on an online description or modification field for a serious allergy.
8. Gift cards, loyalty and promotional offers
Gift cards, loyalty rewards, discounts and promotional codes may be subject to additional terms displayed when they are purchased, issued or redeemed. Offers may have eligibility restrictions, redemption limits and expiration dates where permitted by law. Unless an offer expressly states otherwise, promotions cannot be combined and have no cash value.
Gift-card balances are not redeemable for cash except where required by law. Lost, stolen, damaged or unauthorized-use claims will be handled according to applicable law and the terms of the provider that issued the gift card. Proof of purchase may be required.
9. Catering and private events
Website inquiries about catering or private events do not create a reservation or binding agreement. An event is confirmed only after The Crooked Cup accepts the details and any required agreement, deposit or payment has been completed.
Event-specific proposals, invoices or agreements may include separate terms concerning guest count, menu, deposits, cancellations, rescheduling, access, service charges and damages. If those terms conflict with these Website Terms, the event-specific written terms control for that service.
10. Acceptable use
You agree not to:
- Use the Website for fraud, impersonation, harassment or any unlawful purpose.
- Interfere with the Website, its security or another person’s use of it.
- Introduce malicious code, attempt unauthorized access or test system vulnerabilities without written permission.
- Use automated tools to scrape, copy or overload the Website, except for ordinary search-engine indexing.
- Submit false payment information, fraudulent orders or content that infringes another person’s rights.
We may restrict access, cancel an order or take other reasonable action in response to suspected misuse, fraud, threats or violations of these Terms.
11. Intellectual property
The Website and its original text, design, graphics, photographs, videos, menus, logos, trade names and other content are owned by or licensed to The Crooked Cup and are protected by applicable intellectual-property laws. You may view and use this content for ordinary personal use, but you may not reproduce, publish, sell, modify or commercially exploit it without prior written permission from the applicable owner.
Third-party names, logos and services belong to their respective owners. Their appearance on the Website does not transfer any rights to you.
12. Feedback, reviews and other submissions
If you voluntarily send us feedback, photographs, testimonials, reviews, suggestions or other content, you represent that you have the right to provide it and that it is accurate, lawful and does not violate another person’s rights.
You retain ownership of your content, but you grant The Crooked Cup a nonexclusive, worldwide, royalty-free license to use, reproduce, adapt and display it for operating, improving and promoting our business, subject to applicable privacy law. We are not required to publish submitted content and may remove content from channels we control.
13. Third-party websites and services
The Website may link to or use services operated by others, including Square or another payment and ordering provider, mapping services, social networks, delivery providers and embedded media. Those providers may collect information and apply their own terms and privacy policies.
We do not control third-party websites or guarantee their availability, security, accuracy or performance. Your use of a third-party service is governed by your agreement with that provider. This section does not limit The Crooked Cup’s responsibility for its own products, representations or obligations under applicable law.
14. Privacy
Our Privacy Policy explains how we collect, use and disclose information associated with the Website and our services. Third-party ordering and payment providers may separately process information under their own privacy notices.
Please do not submit sensitive personal information through a general contact, employment or feedback form unless it is specifically requested and appropriate for that form.
15. Website availability and disclaimers
We work to keep Website information useful and accurate, but the Website may occasionally contain errors or experience interruptions. To the fullest extent permitted by law, the Website is provided “as is” and “as available,” without warranties concerning uninterrupted availability, error-free operation or fitness for a particular purpose.
Business hours, pickup times, menu availability and services may change because of holidays, weather, maintenance, staffing, equipment issues or other circumstances. Please call the café if information is time-sensitive.
Nothing in this section excludes warranties or consumer protections that cannot legally be excluded.
16. Limitation of liability
To the maximum extent permitted by law, The Crooked Cup will not be liable for indirect, incidental, special, exemplary or consequential damages arising solely from your use of or inability to use the Website or a third-party service linked from it.
To the maximum extent permitted by law, The Crooked Cup’s aggregate liability for a claim concerning a particular online order will not exceed the amount you paid for that order. These limitations do not apply to liability that cannot legally be limited, including liability arising from willful misconduct or other circumstances excluded by applicable law.
17. Governing law and disputes
These Terms are governed by the laws of the State of Colorado, without regard to conflict-of-law principles. Before filing a formal claim, you and The Crooked Cup agree to make a good-faith effort to resolve the issue by contacting the other party and providing a reasonable opportunity to respond.
Unless applicable law requires otherwise, any legal action arising from these Terms or the Website will be brought in a state or federal court with jurisdiction in or over Larimer County, Colorado. You and The Crooked Cup consent to the jurisdiction of those courts.
If any provision of these Terms is found unenforceable, it will be limited or removed only to the extent necessary, and the remaining provisions will continue in effect. A failure to enforce a provision is not a waiver of it.
18. Changes to these Terms
We may update these Terms to reflect changes in our Website, ordering services, business practices or legal obligations. Updated Terms will be posted on this page with a revised effective date. Changes apply prospectively from the stated effective date. Your continued use of the Website after that date constitutes acceptance of the updated Terms to the extent permitted by law.
19. Contact us
Questions, concerns or notices relating to these Terms may be sent using the information below.