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By using your Orange Leaf Gift Card (the “Gift Card”) and the website located at www.orangeleafyogurt.com (the “Website”), and other than as required by State and Federal Law, you agree to the following terms of use:
Your Gift Card is not a debit or credit card and has no implied warranties. There are no expiration dates and no fees associated with the Gift Card. Gift Cards may not be resold by any unauthorized or vendor under penalty of law; unlawful resale or attempted resale is grounds for seizure and cancellation without compensation.
The Gift Card may only be used for making authorized purchases at participating ORANGE LEAF® stores in the 50 United States (“Participating Stores”). Gift Cards will only be sold in and from the United States. Gift Cards will not be shipped to destinations outside of the 50 United States.
Present your Gift Card to the cashier at a Participating Store at the time of purchase and the card’s available balance will be applied toward your authorized purchase.
This Gift Card cannot be redeemed for cash, except where required by law. Orange Leaf Holdings LLC, its parent, subsidiaries and affiliates (“OLH”) are not responsible for lost or stolen cards or any unauthorized card use. The value on your Gift Card, monetary or otherwise, will not be replaced if your card becomes lost, stolen, or damaged, unless otherwise required by law.
To learn how we use the personal information we collect in connection with your Gift Card, please see our Privacy Policy located on our Website. The terms of our Privacy Policy are incorporated herein by reference.
The Website and Gift Card program has no predetermined termination date and may continue until such time as OLH decides to terminate the operation of the Website and/or issuance of the Gift Cards. OLH may terminate the issuance of Gift Cards and/or its operation of the Website at any time, with or without notice. OLH may modify any of the terms and conditions governing use of the Gift Card and the Website (the “Terms and Conditions”) ‐ at any time, with or without notice, even though these changes may affect your ability to use the Website and your Gift Card, subject to our compliance with applicable laws. Your continued use of the Website and the Gift Card constitutes your acceptance of any changes to these Terms and Conditions. You are responsible for remaining knowledgeable as to any changes that OLH may make to these Terms and Conditions. The most current version of these Terms and Conditions will be available on the Website and will supersede all previous versions of these Terms and Conditions.
We reserve the right to correct your Gift Card account if we believe that a clerical, billing, or accounting error occurred.
By using the Website you acknowledge that technical processing and transmission of the Website, including the information you may enter, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices. OLH and its service providers are not responsible for incorrect or inaccurate transcription of information, for the failure of any information to be received, for problems related to any of the equipment or programming associated with the Gift Card, for any human error or printing error, for any interruption, deletion, omission, defect, or line failure of any telephone network or electronic transmission, for problems relating to computer equipment, software, inability to access the Website or on‐line service, or for any other technical or non‐technical error or malfunction.
You accept all responsibility for, and hereby agree to indemnify and hold harmless Orange Leaf Holdings, LLC, its parent, subsidiaries and affiliates and each such company's respective officers, directors, employees, shareholders, agents, franchisees and successors, assigns, and service providers, from and against any claims that may arise from actions taken by you or for any unauthorized access to or use or misuse of your Gift Card or the Website.
As a condition of use of the Website and the Gift Card, you agree that except where otherwise provided by law, (1) any and all disputes, claims, and causes of action arising out of or connected with the Website and/or the Gift Card shall be resolved individually, without resort to any form of class or representative action and exclusively by arbitration under the Arbitration Rules of the American Arbitration Association and brought in Oklahoma County, Oklahoma; (2) any and all claims, judgments and rewards shall be limited to actual out‐of‐pocket costs incurred, including costs associated with purchasing the Gift Card, but in no event attorneys' fees; and (3) under no circumstances will you be permitted to seek recovery for, and you hereby waive any and all rights to claim or seek recovery of punitive, incidental and/or consequential damages and any other damages, other than for actual out‐of-pocket expenses, and waive any and all rights to have damages multiplied or otherwise increased. All issues and questions concerning the construction, validity, interpretation and enforceability of the Terms and Conditions, or the rights and obligations of you and OLH in connection with the Website and the Gift Cards, shall be governed by, and construed in accordance with, the laws of the State of Oklahoma, without giving effect to any choice of law or conflict of law rules or provisions (whether of the State of Oklahoma, or any other jurisdiction) that would cause the application of the laws of any jurisdiction other than the State of Oklahoma.
If any provision of these Terms and Conditions is found to be invalid or unenforceable by a court of competent jurisdiction, such provision shall be severed from the remainder of these Terms and Conditions, which will otherwise remain in full force and effect.