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Ounce Back & Gift Card terms and conditions

Ounce Back® Loyalty Card Program Terms and Conditions

The following Orange Leaf Frozen Yogurt Ounce Back® Loyalty Card Agreement describes the terms and conditions that apply to the account of your Orange Leaf Frozen Yogurt Loyalty Card (the “Loyalty Card”). By using your Orange Leaf Frozen Yogurt Loyalty Card, you agree to the terms of this agreement.

What Do I Get?

One ounce back point will be earned for every whole dollar a customer spends.  We may modify this by increasing the number of points awarded during special promotions we announce and run.

  • Every $1 spent = 1 point
  • Every 10 points = $1 added on your Ounce Back Card
  • Whole dollar amounts only add points.  For example, an $8.55 purchase will result in 8 points added to your Ounce Back® Card.  Partial points are not awarded
  • A card can accrue up to 10 Loyalty Dollars
  • Register your card and start earning your rewards!
  • Contact ounceback@orangeleafyogurt.com with any questions.

*Please note that points are not awarded upon the purchase of Orange Leaf Gift Cards, but rather points will be awarded upon redemption of Orange Leaf Gift Cards.  Also, please note that points are not awarded for any purchase amount reduced by a coupon or other special offer (including Ounce Back points redeemed).  Points are awarded for only the actual cash purchase price after coupons and other discounts.

How Do I Use my Ounce Back Card?

  • Present your Ounce Back® Card to the cashier with every purchase.
  • You will receive confirmation of your balance and points on your receipt.
    • For Example: An $11.00 purchase will earn 11 points and will read as $1.00, leaving 1 remaining point on your receipt; $1 can be redeemed on your next purchase.
    • You can earn a maximum of $10.00 on your Ounce Back® Card.
  • You can monitor your points online by going to http://orangeleafyogurt.com/ounce-back
  • You must register your card to start earning your rewards! Then you may present your Ounce Back card at the time of payment to redeem your rewards!
  • You can also give the cashier the phone number you entered at registration if your card has been lost or if you do not have it at checkout.

How Do I Register My Ounce Back Card?

Visit http://orangeleafyogurt.com/ounce-back to register. Enter the required registration fields: Card #, Name, Zip, Phone, Email and Date of Birth.

Promotions

From time-to-time, Orange Leaf Frozen Yogurt will run special promotions just for Ounce Back® Loyalty Card holders. You may be automatically entered into these promotions (1) if your registration information is correct and current at the time of the promotion and (2) if you are over the age of 18 at the start of the promotion (or 13 for some promotions). Please note, some promotions may be run for all stores. In that case, all registered holders may be, but are not necessarily, automatically entered. Some promotions may be for certain stores only or may have specific entry methods. Information on how to enter any promotion will always be available in the Terms and Conditions of each promotion. These promotions may involve the award of prizes to randomly drawn names of Ounce Back® Loyalty Card holders or the award of additional point for the use of your card under the terms and conditions of the promotion. We will let you know when we are planning to start a promotion by sending you an email at your registered email address. Full rules as well as Terms and Conditions for each promotion will be available at www.myorangeleaf.com/term. You may withdraw from any promotion by following the instructions you will receive in the email notice of each promotion. Of course, if you want to participate in all of the promotions, be sure to keep your registration information current.

Fees and Expiration of Card Balances

Orange Leaf Frozen Yogurt does not charge any fees for the issuance, activation, or use of your Loyalty Card. Your Loyalty Card has no expiration date.

Billing Errors, Corrections

Orange Leaf Frozen Yogurt reserves the right to correct the balance of your Loyalty Card account if we believe that a clerical, billing, or accounting error occurred.

Registration, Liability for Unauthorized Transactions

Because your Loyalty Card is used like cash for purchases from Orange Leaf Frozen Yogurt, you are responsible for all transactions associated with your Loyalty Card, including unauthorized transactions. Please notify us immediately if you change any of your registration information.

Privacy Policy

For information concerning how we collect, use, and disclose information concerning the Loyalty Card and how to select privacy preferences regarding certain promotional communications, you should refer to our privacy policy at http://orangeleafyogurt.com.

Changes to This Agreement

Orange Leaf Frozen Yogurt may amend the terms of this agreement at any time, including any rights or obligations you or we may have. If you have registered your Loyalty Card, we will notify you of any change, addition, or deletion by email. In addition, we will post the terms to the modified agreement onour website at www.orangeleafyogurt.com. As permitted by applicable law, any change, addition, or deletion will become effective at the time we post the revised agreement to our website or as otherwise stated in our notice to you. Unless we state otherwise, the change, addition or deletion will apply to your future and existing Loyalty Cards. You are deemed to accept the changes, additions, or deletions if: (1) you do not notify us to the contrary in writing within 20 days of the date of our notice or such other time specified in the notice; or (2) you use your Loyalty Card after such notice period. If you do not accept the changes, additions or deletions, your Loyalty Card will be cancelled.

Cancellation of This Agreement

Orange Leaf Frozen Yogurt may suspend or terminate this agreement and revoke or limit any or all of the rights and privileges granted to you at any time without notice or liability.

Governing Law – Oklahoma

This Agreement shall be governed by and construed in accordance with the laws of the State of Oklahoma notwithstanding any conflict of law rules.

Disclaimers and Limits of Liability

Orange Leaf Frozen Yogurt and its affiliates make no representations, warranties, or conditions of any kind, express or implied, with respect to the Loyalty Card, including, but not limited to, any implied warranty of merchantability, fitness for a particular purpose, title, or non-infringement, or any warranty arising by usage of trade, course of dealing or course of performance. Orange Leaf Frozen Yogurt does not represent or warrant that your Loyalty Card will always be accessible or accepted.

In the event that Orange Leaf Frozen Yogurt or its affiliates are found liable to you, you shall only be entitled to recover actual and direct damages and such damages shall not exceed the last balance held on your Loyalty Card. Orange Leaf Frozen Yogurt and its affiliates shall have no liability for any incidental, indirect, or consequential damages (including without limitation loss of profit, revenue or use) arising out of or in any way connected with this Agreement, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, even if we or our authorized representatives have been advised of the possibility of such damages. In no event shall Orange Leaf Frozen Yogurt or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Loyalty Card through accident, misuse or fraudulent means or devices by you or any third party, or as a result of any delay or mistake resulting from any circumstances beyond our control.

The laws of certain states or other jurisdiction do not allow limitations on implied warranties, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have rights in addition to those contained in this agreement. In such jurisdiction, our liability is limited to the greatest extent permitted by law.

Assignment

We may assign all or part of this agreement without such assignment being considered a change to the agreement and without notice to you. We are then released from all liability. The assignee shall have the same rights and obligations as the assignor and shall agree in writing to be bound by the terms and conditions of this agreement.

Entire Agreement, Construction

This agreement is the complete and exclusive statement of agreement between you and Orange Leaf Frozen Yogurt, and supersedes and merges all prior proposals and all other agreements. In the event that any provision of this agreement shall be determined to be illegal or unenforceable, that provision will be eliminated to the minimum extent necessary so that this agreement shall otherwise remain in full force and effect and enforceable. Headings herein are for convenience of reference only and shall in no way affect interpretation of this agreement.

Inquiries or Questions

If you have any questions regarding this agreement or your Loyalty Card, please visit our web site at http://orangeleafyogurt.com.


 

Orange Leaf Gift Card Terms and Conditions

Last updated: November, 2016

 

The following Orange Leaf Gift Card Terms and Conditions Agreement (the “Agreement”) describes the terms and conditions that apply to use of Orange Leaf Gift Cards. This Agreement is between you, the cardholder, and Orange Leaf Holdings LLC (“OLH”). By purchasing, accepting or using your Orange Leaf Gift Card, you agree to be bound by this Agreement. If you do not agree with this Agreement, do not purchase, use or accept the Orange Leaf Gift Card. IMPORTANT: This Agreement includes resolution of disputes by arbitration instead of court and contains a class action waiver.

 

  1. About Your Orange Leaf Gift Card. Orange Leaf Gift Cards are issued by OLH.   OLH is the franchisor of Orange Leaf Stores in the United States of America and is responsible for the operation and maintenance of the Orange Leaf Gift Card program in the United States. OLH is the sole legal obligor to the cardholder.

 

  1. How to Purchase an Orange Leaf Gift Card.  Orange Leaf Gift Cards may be purchased online at https://orange-leaf-frozen-yogurt.myshopify.com/. Online gift card purchases are available for a limited time and must be made between November 14, 2016, and January 2, 2017.  Purchased Gift Cards are processed the next business day.  Delivery depends on the delivery option you select (see table below).  (We’re sorry, but Gift Cards purchased online may NOT be picked up at an Orange Leaf Frozen Yogurt Store.)  You may have the Gift Card delivered to the recipient directly.  We even have customizable notes that can be included.  You may select that option during the check-out process.

 

You may also purchase Gift Cards at any Orange Leaf Frozen Yogurt Store.

 

You may reload your Gift Card at any Orange Leaf Frozen Yogurt Store.

 

  1. Balance Inquiry/Reload. For balance inquiries or if you have a problem using your Orange Leaf Gift Card, please email us at social@orangeleafyogurt.com.  We will reply to your email within 3 to 5 business hours. The balance you receive when inquiring through the website or over the telephone is an estimate only.  In most cases, the balance is adjusted immediately when you make a purchase, but there may be occasions when the balance adjustment is delayed.

 

  1. Expiration/Deactivation. Orange Leaf Gift Cards do not expire. No inactivity, service or any other fees will be charged. However, OLH reserves the right to refuse to honor (and to cause participating Orange Leaf Frozen Yogurt restaurants to refuse to honor) any Gift Card in the event of a disputed credit card charge, dishonored check or other failure of consideration.

 

  1. Redemption. Your Orange Leaf Gift Card is redeemable only for purchases of food and beverages at participating Orange Leaf Frozen Yogurt restaurants in the United States. It has no cash value and may not be redeemed for cash (except as required by law).

 

  1. No Refunds. No refunds are permitted or will be given with respect to Orange Leaf Gift Cards.

 

  1. Lost, Damaged or Stolen Orange Leaf Gift Card. Lost, damaged or stolen cards will not be replaced unless you present the original purchase receipt.

 

  1. MANDATORY BINDING INDIVIDUAL ARBITRATION. Please read this section carefully. It affects legal rights that you may otherwise have and requires individual final and binding arbitration of most disputes instead of resolution in court.

 

Arbitration is the submission of a dispute to a neutral arbitrator, instead of a judge or jury, for a final and binding decision, known as an “award.” Arbitration provides for more limited discovery than in court, is subject to limited review by courts, and the result is confidential. Each party has an opportunity to present evidence to the arbitrator in writing or through witnesses. An arbitrator can only award the same damages and relief that a court can award under the law and must honor the terms and conditions in this Agreement.

Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both.

 

You and OLH agree that any arbitration under this Agreement will take place on an individual basis and that class, mass, consolidated or combined actions or arbitrations or proceeding as a private attorney general are not permitted.

You and OLH agree to waive the right to trial by jury.

This agreement to arbitrate extends to claims that you may assert against other parties.

This Agreement evidences a transaction in interstate commerce, and the Federal Arbitration Act governs the interpretation and enforcement of this agreement to arbitrate.

This agreement to arbitrate shall survive termination of this Agreement. Notwithstanding anything to the contrary, if any part of this agreement to arbitrate is deemed invalid or inapplicable, the remainder of this agreement to arbitrate shall still be considered valid and enforceable. If any part of this agreement to arbitrate is deemed invalid or inapplicable, you and OLH both waive, to the fullest extent allowed by law, any claims to recover punitive or exemplary damages and any right to pursue any claims on a class, mass, consolidated, or combined basis.

 

  1. Arbitration shall be conducted by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules (collectively, the “AAA Rules”). The AAA Rules and instructions for how to initiate arbitration are available from the AAA at http://www.adr.org or 1-800-778-7879. To begin an arbitration proceeding, you must serve OLH’s registered agent for service of process at Resolution Legal Group, 100 East California Ave., Suite 200, Oklahoma City, OK 73104.

Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules. Reasonable attorneys’ fees and expenses will be awarded only to the extent such allocation or award is available under applicable law.

Any arbitration will take place in Oklahoma County, Oklahoma, and will be determined by a single arbitrator; provided, however, that the arbitration may be conducted telephonically if agreed upon by the parties. The arbitration may award on an individual basis the same damages and relief as a court (including injunctive relief).

Judgment on the award may be entered in any court of competent jurisdiction.

 

  1. Limitation of Liability. OLH AND ITS AFFILIATES MAKE NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO ORANGE LEAF GIFT CARDS INCLUDING, WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT THAT AN ORANGE LEAF GIFT CARD IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DICLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU. UNLESS PROHIBITED BY LAW, YOU AND OLH AGREE TO LIMIT CLAIMS FOR DAMAGES OR OTHER MONETARY RELIEF AGAINST EACH OTHER TO DIRECT AND ACTUAL DAMAGES AND THAT NEITHER OF YOU NOR OLH WILL SEEK ANY INDIRECT, SPECIAL, CONSEQUENTIAL, TREBLE, OR PUNITIVE DAMAGES FROM THE OTHER.

 

  1. Choice of Law. The laws of the State of Oklahoma, United States of America, without regard to principles of conflict of laws, apply to this Agreement and use of your Orange Leaf Gift Card. If any part of this Agreement is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions.

 

  1. Changes to Agreement. OLH reserves the right to change this Agreement from time to time in its discretion, which changes we may provide to you by any reasonable means, including without limitation, by posting the revised version of this Agreement at www.orangeleafyogurt.com (“Updated Terms”). Your use of the Orange Leaf Gift Cards after we have posted the Updated Terms constitutes your agreement to the Updated Terms. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms and will apply to your use of the Orange Leaf Gift Cards from that point forward.

 

  1. Fraud. OLH reserves the right to refuse to honor (and to cause participating Orange Leaf Frozen Yogurt restaurants to refuse to honor) an Orange Leaf gift Card where OLH suspects that the Card was obtained fraudulently.

 

  1. Delivery Options:  The table below shows delivery estimates based on shipping method.

All orders are require upon credit card authorization.

 

Day Ordered

USPS Standard Mail*

USPS Express

UPS Second Day**

UPS Next Day**

Monday

Up to 7  Business Days

Delivery Thursday

Delivery Thursday

Delivery Wednesday

Tuesday

Up to 7  Business Days

Delivery Friday

Delivery Friday

Delivery Thursday

Wednesday

Up to 7  Business Days

Delivery Monday

Delivery Monday

Delivery Friday

Thursday

Up to 7  Business Days

Delivery Tuesday

Delivery Tuesday

Delivery Monday

Friday

Up to 7  Business Days

Delivery Wednesday

Delivery Wednesday

Delivery Tuesday

Saturday

Up to 7  Business Days

Delivery Wednesday

Delivery Wednesday

Delivery Tuesday

Sunday

Up to 7  Business Days

Delivery Wednesday

Delivery Wednesday

Delivery Tuesday

*USPS Standard Mail shipping dates are approximate. Delivery of up to 7 days is average but delivery could take up to 14 business days. Standard mail option does not provide a tracking number.

** UPS is not available for PO Box, APO/FPO or US Territory (excluding Puerto Rico) addresses.

We cannot guarantee delivery dates by the U.S. Postal Service or UPS.

Business days are Monday through Friday. Orders will not ship or be received on Saturday, Sunday or on standard business holidays.