Terms of Service

Effective date: September 19, 2026 · Last updated: October 8, 2026

1. These Terms, and Who They Are Between

These Terms of Service ("Terms") are an agreement between you and Little Mountain Creamery ("we," "us," or "our"), of 7872 Crile Road, Painesville, Ohio 44077. They govern your use of the website at lmcreamery.com (the "Site") and, where stated, inquiries and orders you place with us through it.

By using the Site you agree to these Terms and to our Privacy Policy, which is incorporated into them. If you do not agree, please do not use the Site — you are still very welcome to visit the shop, telephone us, or write to us.

These Terms are about our website and about how inquiries and orders work. They do not limit your rights as a consumer under Ohio or federal law, and they do not limit our responsibility for the food and drink we serve you. Sections 6 and 16 say so expressly.

2. Who May Use the Site

Anyone may read the Site. Our forms, however, are meant for adults arranging inquiries, orders and events, and by submitting one you confirm that you are at least 18 years old, or that you are 13 or older and have your parent or guardian's permission. Please do not use our forms if you are under 13. If you are a young person who wants to reach us, ask a parent or guardian to send the message, or come and talk to us in person. Our Privacy Policy explains how we handle this.

If you use the Site on behalf of a company, school, church, or other organization, you confirm that you are authorized to do so and that these Terms bind that organization.

3. Using the Site

You may use the Site to learn about us, view our menu and hours, contact us, and reach our ordering and catering services. Please do not:

• use the Site in any way that breaks the law;
• submit false, misleading, threatening, harassing, or abusive content through our forms, or submit someone else's personal information without their permission;
• impersonate anyone, including our staff;
• try to reach any non-public part of the Site, including our staff dashboard, or try to obtain or use credentials you were not given;
• interfere with, overload, or disrupt the Site or the services it depends on;
• introduce malicious code or attempt to damage or degrade the Site;
• copy our photographs, text, logo, or design for your own commercial use without our written permission (section 11); or
• use the Site in any way that misrepresents your relationship with us.

Section 12 covers automated access, scraping, and security testing separately.

4. Flavors, Menu, Pricing, and Availability

We make our gelato fresh, in small batches, and our flavors rotate constantly — sometimes within the same day. The menu, flavor lists, descriptions, photographs, prices, and hours shown on the Site are for general information. They are updated as often as we can manage, but they are not an offer, a promise of availability, or a guarantee of price.

• A flavor shown on the Site may be sold out, or may not be in the case on the day you visit.
• Photographs are illustrative. What you are served will not look identical to a photograph.
• Prices may change without notice. If the Site and the shop disagree on price, the price in the shop at the time of purchase applies.
• If an obvious error appears on the Site — a plainly wrong price, for example — we may correct it and decline to honour the error, and we will tell you before taking payment.
• Nutritional or ingredient information on the Site is approximate. Recipes change with the season and with what our suppliers provide.

5. Ordering and Payment Happen on Clover, Not Here

This Site does not take orders and does not process payments. When you select "Order Now" or "Start Your Order," you leave our Site and go to an ordering page operated by Clover, a platform of Fiserv, Inc.

That means:

• Your order is placed on Clover's website, under Clover's own terms of use and privacy policy, in addition to these Terms as they apply to what we then make for you.
• Your payment card details are entered on Clover's platform and are never collected, seen, or stored by this Site or by us.
• Clover is responsible for the operation, security, and availability of its own platform. If Clover is down or its checkout fails, please telephone us — we will happily take your order the ordinary way.
• We remain responsible for making and providing the food and drink you have ordered from us.

Unless we say otherwise, online orders are for pickup at our Painesville location. Please check the pickup time shown to you at checkout.

6. Allergens, Dietary Descriptions, and Food Safety

Nothing on the Site is medical or dietary advice. Ingredient and nutritional statements are our good-faith description of a recipe at a point in time and may change.

None of this reduces our own responsibility to handle food safely. We prepare food in accordance with applicable Ohio food-safety requirements, and nothing in these Terms limits or excludes any liability we may have for illness or injury caused by our own negligence in preparing or serving food. See section 16.

7. Pickup, Problems With an Order, and Refunds

Please collect your order at the time given to you. Frozen products do not keep well waiting on a counter, and we cannot guarantee the quality or the safety of an order collected significantly late. We may need to remake a late-collected order at our discretion.

If something is wrong with your order, tell us. Telephone 440.754.3158 or email lmcteam@littlemountaincreamery.com, ideally the same day. If you are not satisfied with your order, get in touch and we will work with you to make it right — usually by remaking the item or refunding it, whichever suits you better. We would far rather hear from you than have you leave unhappy, so please ask. Where a refund is due on an online order paid through Clover, it is processed back to the original payment method and the timing depends on Clover and your bank.

This section does not affect any right you have under Ohio or federal consumer law.

8. Catering, Custom Cakes, and Events

A catering inquiry is an inquiry, not a booking. Submitting the catering form on our Catering page — which is hosted by JotForm — or telephoning us, starts a conversation. It does not reserve a date, does not commit us to supply, and does not create a contract.

A catering booking exists only once we confirm it to you in writing (by email or written quote) and any deposit we ask for has been paid. At that point the terms of the confirmation and quote govern the booking, and they prevail over these Terms if the two differ.

Deposits, changes, and cancellation

Catering, custom cakes, custom pies, and event orders are made to order for you, so late changes have real costs. Every event is different, so we agree these terms with you individually rather than by a fixed rule: a catering booking may require advance notice and a deposit, and may carry a deadline for final numbers and changes, terms for cancellation and rescheduling, and a date by which the balance is due. We will confirm all of that with you directly when you book — in writing, before you commit to anything, and before we take any payment. Those written terms govern your booking.

Any deposit we hold will be applied to your order. If we have to cancel or cannot supply — for equipment failure, illness, supply failure, weather, or any other cause beyond our reasonable control — we will tell you as soon as we can and refund any deposit and payment you have made for the part we cannot supply.

If your event is off our premises, you are responsible for reasonable access, power where we have said we need it, and a safe place for us to work. Please tell us in advance about any guest with a food allergy; section 6 applies to catered food in exactly the same way.

9. Gift Cards

Our gift cards may be redeemed for food, drink, and merchandise at our Painesville location. They are not checks, they carry no interest, and they cannot be exchanged for cash except where the law requires it.

• Expiry and fees: a gift card we sell you does not expire less than two years from the date it is issued, and we do not charge any service, dormancy, inactivity, latency, or administrative fee that reduces the value of a card within two years of issue. That is what the law requires of us and we adopt it as our own policy: under Ohio Rev. Code § 1349.61 a gift card may not be sold with an expiration date less than two years after it is issued, and no such value-reducing fee may be charged within two years of issue. Separately, under the federal rule at 12 C.F.R. § 1005.20(d) and (e), the underlying funds remain valid for at least five years from issuance or from the date value was last loaded, and service and inactivity fees are permitted only in the narrow circumstances that rule allows. We do not claim any shorter period and we do not charge any fee those rules do not permit.
• Lost or stolen cards: please treat a gift card like cash. We cannot generally replace a lost or stolen card, though if you have your receipt we will do what we reasonably can to help.
• Use: a card may be used until its balance is spent. We will tell you the remaining balance on request. We may decline a card that appears to be counterfeit, altered, or fraudulently obtained.
• Additional terms given to you at the time of purchase also apply, and if they conflict with this section, the more consumer-favorable of the two applies.

10. Hours, Weather, and Closures

The hours shown on the Site are our usual hours and we keep them current, but we are a small shop. We may close early, open late, or close for a day for weather, staffing, equipment failure, a private event, or a holiday. Please telephone ahead if you are making a special trip. Hours shown on the Site are not a promise that we will be open.

11. Our Name, Photographs, and Content

The Site and everything in it — our name and logo, our photographs, our written descriptions, our flavor names, and the design and arrangement of the pages — belong to us or are used with permission, and are protected by copyright, trademark, and other intellectual property laws. Little Mountain Creamery and our logo are trademarks of Little Mountain Creamery.

You may look at the Site, print a page for yourself, and share a link to it. You may not copy, republish, sell, or build a derivative work from our photographs, text, logo, or design, or use them in a way that suggests we endorse or are connected with you, without our prior written permission. If you would like to use a photograph — press, a local guide, a school project — just ask; we are usually glad to say yes.

If you believe something on the Site infringes your copyright, contact us using the details in section 21 with enough detail to identify the work and where it appears, and we will look into it promptly and remove anything we should not be using.

12. Automated Access, Scraping, and Security Testing

You may not, without our prior written permission:

• use a bot, crawler, scraper, headless browser, or other automated means to access, monitor, copy, or extract the Site or any part of it, other than a search engine indexing the Site in the ordinary way in accordance with our robots file;
• bulk-download, systematically copy, or reconstruct our menu, pricing, photographs, or content, whether by automated means or by hand;
• circumvent, disable, or interfere with any access control, authentication, or rate limit on the Site or on the staff dashboard; or
• carry out penetration testing, vulnerability scanning, load testing, or any similar probing of the Site or the services it depends on.

If you believe you have found a security problem, please tell us at lmcteam@littlemountaincreamery.com rather than exploiting or publishing it. We will be grateful.

We may, without notice, limit or block access from any source that appears to be doing any of the above.

13. What You Send Us

When you send us a message, a catering inquiry, feedback, an employment inquiry, or an employment application, you confirm that what you tell us is accurate and that you are entitled to send it — including any information about another person. Please do not send us confidential information, anyone's payment details, or anyone's health information beyond what is needed to keep you safe.

We use what you send only to deal with your inquiry, as described in our Privacy Policy. If you volunteer a comment, suggestion, or idea about our products or our business, we may use it without any obligation to you and without payment — please do not send us an idea if you expect to be paid or credited for it.

An employment inquiry or application is not an offer of employment and creates no promise of employment, and no obligation on either of us. Submitting an application does not guarantee an interview or a job. We will get back to you if there is something suitable.

14. Other Websites and Embedded Content

The Site links out to Clover for ordering and to Google Maps for directions, embeds a JotForm catering form and a Google map, links to a JotForm-hosted online employment application, loads its typefaces from Google Fonts, and links to our TikTok, Facebook, and Instagram pages. We do not control any of those companies, and we are not responsible for their content, their availability, their security, or their practices. When you use them you do so under their terms and their privacy policies. Our Privacy Policy explains what each one receives.

15. About the Website Itself

THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. We do not promise that the Site will be uninterrupted or error-free, that it will be free of harmful components, or that the menu, hours, prices, or other information on it are complete, accurate, or current at any given moment. We may change, suspend, or discontinue any part of the Site at any time.

This section is about the website. It is not a disclaimer of any warranty relating to the food and drink we sell you. Goods we sell are covered by the warranties that Ohio law gives you, and we do not disclaim them.

16. Limitation of Liability — and What Is Not Limited

Subject to that, and to the fullest extent permitted by law:

• We are not liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost data, or lost opportunity, arising out of your use of the Site;
• Our total liability for any claim arising out of the Site itself — its availability, its content, or an error in the information on it — is limited to one hundred dollars ($100), which reflects that the Site is provided free of charge and is informational;
• We are not liable for the acts, omissions, outages, or security failures of Clover, JotForm, Google, Netlify, or any other third-party platform, though we will help you sort out any problem that reaches us;
• This cap does not apply to a claim about goods or services you have actually bought from us. For those, our liability is governed by Ohio law and by any written terms of your order, and is not capped at $100.

Some limitations of liability are not permitted in some places; where that is so, they do not apply to you. Nothing in these Terms waives, limits, or affects your rights under the Ohio Consumer Sales Practices Act or any other consumer protection law, and any provision that purported to do so should be read as not doing so.

17. Indemnification

If you breach section 3 or section 12 of these Terms, or use the Site unlawfully, and a third party brings a claim against us as a result, you agree to cover our reasonable losses, costs, and legal fees arising from that claim. This is limited to your own wrongful conduct; it does not make you responsible for anything we do.

18. If Something Goes Wrong

Please talk to us first

We are a local family business and almost anything can be sorted out with a telephone call. Before starting any formal proceeding, please contact us at 440.754.3158 or lmcteam@littlemountaincreamery.com and give us 30 days to make it right. We ask this as a courtesy; it does not take away any right you have, and it does not stop the clock on any legal deadline.

Governing law and where a case is brought

These Terms are governed by the law of the State of Ohio, without regard to its conflict of laws rules. Any dispute arising out of or relating to these Terms or the Site may be brought only in the state or federal courts sitting in Lake County, Ohio, and you and we each consent to the jurisdiction of those courts. Nothing here prevents either of us from bringing a claim in a small claims court, and if you are a consumer resident elsewhere, nothing here deprives you of any protection of the law of your own home jurisdiction that cannot be taken away by agreement.

There is no arbitration requirement in these Terms and no waiver of your right to a jury trial or to participate in a class action.

19. Changes to These Terms

We may revise these Terms as our business changes. When we do, we will post the revised version here and update the "last updated" date at the top. If we make a change that materially reduces your rights or increases your obligations, we will say so clearly on the Site, and the change will apply only to your use of the Site and to orders and inquiries made after it takes effect. It will not change the terms of a catering booking or order we have already confirmed with you — those are governed by the terms in force when we confirmed them. Simply continuing to browse the Site is not your agreement to a materially different set of obligations.

20. Other Terms

• Notices. We may contact you at the email address or telephone number you give us. You may reach us by the means in section 21.
• Severability. If any provision of these Terms is found unenforceable, it should be narrowed only as far as necessary to make it enforceable, or, if that is not possible, removed, and the rest of these Terms continue in effect.
• No waiver. If we do not enforce a provision on one occasion, we do not give up the right to enforce it later.
• Assignment. You may not transfer your rights under these Terms. We may transfer ours if our business is sold or reorganized, and the new owner will be bound by them.
• Force majeure. Neither of us is responsible for a failure to perform caused by something genuinely outside our reasonable control, including severe weather, power or internet failure, supply failure, illness, or government action.
• Survival. Sections 6, 11, 12, 13, 15, 16, 17, 18, and 20 continue to apply after you stop using the Site.
• Entire agreement. These Terms, our Privacy Policy, and any written quote, confirmation, or order terms we give you make up the whole agreement between us about the Site and about inquiries and orders placed through it. Where a written quote or order confirmation differs from these Terms, the quote or confirmation applies to that order.
• Headings and language. Headings are for convenience. We have tried to write these Terms in plain English on purpose; if anything here is unclear, ask us and we will explain it.

21. How to Contact Us

Questions about these Terms, an order, a catering booking, or a gift card:

Little Mountain Creamery
7872 Crile Road, Painesville, Ohio 44077
Phone: 440.754.3158
Email: lmcteam@littlemountaincreamery.com

Read our Privacy Policy.