The Mac & Cheese Affair Terms of Use

These Terms of Service (“Terms”) govern your access to and use of our services, including our various websites, SMS, phone calls, email notifications, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services, you agree to be bound by these Terms.

The only language available for the conclusion of these terms is English.

1. Who May Use the Services

You may use the Services only if you agree to form a binding contract with The Mac & Cheese Affair and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 13 years old to use the Services.

2. Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use (as set forth in the Privacy Policy) of this information, including the transfer of this information to the United States, and/or other countries for storage, processing and use by The Mac & Cheese Affair and its affiliates.

3. Content on the Services

Unless otherwise noted, the design of the Services, the Services as a whole and all Content are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by The Mac & Cheese Affair or its subsidiaries and affiliates. Any use of the Contents without The Mac & Cheese Affair’s express written consent is strictly prohibited.

4. Using the Services

You may use the Services only in compliance with these Terms and all applicable laws, rules and regulations.

Our Services evolve constantly. As such, the Services may change from time to time, at our discretion. We may stop (permanently or temporarily) providing the Services or any features within the Services to you or to users generally. We also retain the right to create limits on use at our sole discretion at any time.

We also reserve the right to take steps we believe are reasonably necessary or appropriate to

  1. enforce and/or verify compliance with any part of these Terms,
  2. satisfy any applicable law, regulation, legal process or governmental request,
  3. detect, prevent, or otherwise address fraud, security or technical issues.

The Mac & Cheese Affair does not disclose personally-identifying information to third parties except in accordance with our Privacy Policy.

4.1 Your Personal Information

We may need to provide you with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services, and you may not be able to opt-out from receiving them.

If you provided your phone number and you later change or deactivate that phone number, you must update your information with us to help prevent us from communicating with anyone who acquires your old number.

4.2 Your License to Use the Services

The Mac & Cheese Affair gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by The Mac & Cheese Affair for your personal, noncommercial, use in the manner permitted by these Terms.

The Services are protected by copyright, trademark, and other laws of the United States. Nothing in the Terms gives you a right to use the The Mac & Cheese Affair name or any of the The Mac & Cheese Affair trademarks, logos, domain names, other distinctive brand features, and other proprietary rights. All right, title, and interest in and to the Services and the Contents are and will remain the exclusive property of The Mac & Cheese Affair and its licensors.

The Mac & Cheese Affair reserves all rights not expressly described in these Terms.

4.3 Comments, Feedback, and Other Submissions

We welcome your comments and feedback regarding our Services and Contents. We do not, however, accept confidential or proprietary information. Accordingly, all comments, feedback, ideas, suggestions, materials, information and other submissions disclosed, regarding the Services, you submit or offer to The Mac & Cheese Affair are entirely voluntary and not confidential and will become and remain The Mac & Cheese Affair’s property without any obligation to you.

4.4 Ending These Terms

You may end your legal agreement with The Mac & Cheese Affair at any time by discontinuing your use of the Services.
We may cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe:

  1. you have violated these Terms;
  2. you create risk or possible legal exposure for us;
  3. our provision of the Services to you is no longer commercially viable.

We will make reasonable efforts to notify you by email. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services, except that the following sections shall continue to apply: II, III, V, and VI. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.

5. Disclaimers and Limitations of Liability

Unless otherwise noted, the design of the Services, the Services as a whole and all Content are copyrights, trademarks, trade dress or other intellectual properties owned, controlled or licensed by The Mac & Cheese Affair or its subsidiaries and affiliates. Any use of the Contents without The Mac & Cheese Affair’s express written consent is strictly prohibited.

5.1 Disclaimer of Warranties

We do not guarantee, represent, or warrant that your use of the Services will be uninterrupted or error-free, and you understand that from time to time The Mac & Cheese Affair may remove the services for indefinite periods of time, cancel the Services at any time, or otherwise limit or disable your access to the Services without notice to you.

You expressly agree that your use of, or inability to use, or activity in connection with the Services is at your sole risk. The Services and the Contents are provided "As Is" and "As Available" for your use, without warranties of any kind, either express or implied, including all implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. Because some jurisdictions do not allow the exclusion of implied warranties, the above exclusion of implied warranties may not apply to you. No advice or information, whether oral or written, obtained from The Mac & Cheese Affair or through the Services, will create any warranty or representation not expressly made herein.

The Mac & Cheese Affair is not responsible for data charges you may incur in connection with your use of the Services.

5.2 Limitation of Liability

We cannot predict when issues might arise with our Services. Accordingly, our liability shall be limited to the fullest extent permitted by applicable law, and under no circumstance will we be liable to you for any lost profits, revenues, information, or any loss of data, use, goodwill, or other intangible losses, or consequential, special, indirect, exemplary, punitive, or incidental damages arising out of or related to these Terms or our Services, even if we know they are possible. Our aggregate liability arising out of or relating to these Terms or our Services will not exceed the greater of fifty dollars ($50.00) or the amount you have paid us in the past twelve months. The foregoing limitations will apply even if the above stated remedy fails of its essential purpose.

6. General

These Terms constitutes the entire agreement between you and The Mac & Cheese Affair and governs your use of the Services, superseding any prior agreements with respect to the same subject matter between you and The Mac & Cheese Affair. No The Mac & Cheese Affair employee or agent has the authority to vary these Terms.

6.1 Changes to These Terms

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our processing of your personal data and will always be If we make a change to this policy that, in our sole discretion, is material, we will update the text of this page and provide notice to you by writing '(Updated)' next to the link to this page (in the footer) for a period of at least 30 days, or by sending an email to the email address associated with your purchase. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

6.2 Electronic Communications

You agree to receive certain electronic communications from The Mac & Cheese Affair, subject to applicable law. You agree that any notice, agreement, disclosure or other communication that The Mac & Cheese Affair sends you electronically will satisfy any legal communication requirements, including that such communications be in writing.

6.3 Our U.S. and Canada Operations

Our Service is directed to people residing in the United States and Canada. We do not represent that the Service is appropriate or available in other locations. We may limit the availability of the Service or any service or product described on the Service to any person or geographic area at any time. If you choose to access the Service from outside the United States or Canada, you do so at your own risk.

6.4 Applicable Law

At The Mac & Cheese Affair, we expect that our world-class customer service team, which can be contacted through our Box Office at, will be able to resolve any issues you may have as you enjoy our Services. In the unlikely event that an issue between us remains unresolved, it's useful to know up front where it can be resolved and what laws will apply.

The laws of the State of New York, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and The Mac & Cheese Affair. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in New York County, New York, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum or lack of personal jurisdiction.

Specifically excluded from application to these Terms is that law known as the United Nations Convention on the International Sale of Goods.

6.5 Severability

In the event that any provision of these Terms is held to be invalid, void, or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions of these Terms will remain in full force and effect.

6.6 Waiver

The Mac & Cheese Affair’s failure to insist upon or enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. We will not be responsible for failures to fulfill any obligations due to causes beyond our control.

The section headings are provided merely for convenience and shall not be given any legal import.

These Terms are an agreement between you and

Ninety Nine Brands IP Holder, LLC
90 State Street
Suite 700 Office 40
Albany, NY 12207

If you have any questions about these Terms, please contact us