Last Revised: August 2021
OUR PRIVACY COMMITMENT TO YOU
THE INFORMATION WE COLLECT
There are several types of information we collect on the Sites. On some pages, you can voluntarily provide personally identifiable information such as your name, e-mail address and phone number when you contact us with an inquiry, request, or suggestion, provide feedback on our products, participate in a marketing program, sweepstakes, contest or survey, respond to an offer, or register to receive promotional materials. If you are interested in applying for a job at Orange Leaf, we may collect your resume. Holders of any Orange Leaf Rewards loyalty and Orange Leaf® gift card may voluntarily register their cards on the Sites. When you purchase, register or reload (as applicable) your Orange Leaf Rewards loyalty and Orange Leaf gift card, we may collect the personally identifiable information listed above, financial information (credit card numbers, credit card expiration dates, etc.), and user profile and preferences information. After you have registered your e-mail address on the Sites and if you have signed into the Sites with your email address and password, or with other shared methods of authentication such as your Facebook® account, Orange Leaf may collect Site behavior and browser information as you navigate through the Sites. This information may be used to create a profile that we keep on individual Users that details their preferences, personal information and behavior. Consequently, collected information may be tied to the User’s personally identifiable information and may be used to provide offers and improve the content of the Sites for the User. This profile may also be used to tailor a User’s visit to our Sites, and to direct pertinent marketing promotions to the User. We may also collect location data or the geographic position of your mobile device or use location-based technology in our retail locations, such as iBeacons, to collect information about the presence of your mobile device, if the Bluetooth is turned on and your device settings allow for this.
We may also collect personal information from other sources. For example, we may purchase third party marketing data and add it to our existing databases of User and Member information to better target our advertising and provide pertinent offers we think our Users and Members would be interested in. We use this information to enhance or overlay the ‘profile’ of individual Users. This aggregate marketing data may therefore be tied to the User’s or Member’s personally identifiable information. We do not knowingly collect personally identifiable information from visitors to the Sites who are under 13 years of age.
HOW DOES ORANGE LEAF HANDLE INFORMATION FROM CHILDREN?
Please note that Orange Leaf has no intention of collecting personal information from individuals under the age of 13 (“children”). We are committed to protecting children’s privacy on the Internet and we comply fully with the Children’s Online Privacy Protection Act (COPPA). Where appropriate, we will instruct children not to provide such information to us. If a parent becomes aware that a child has provided us with personal information, we ask that the parent or legal guardian of the child contact us via the Contact Us section of the Sites, or in writing to Orange Leaf, Attn: Online Privacy, 14850 Montfort Drive, Suite 131 PMB22, Dallas, TX 75254, to request that this information be deleted from our records.
DOES ORANGE LEAF USE COOKIE TECHNOLOGY?
WHAT OTHER MECHANISMS DOES ORANGE LEAF USE TO TRACK USER BEHAVIOR?
Some Site web pages and HTML-formatted e-mails and e-newsletters may use web beacons to compile statistics about Web Site usage. A web beacon is an electronic image, called a single-pixel (1×1) or clear GIF. Web beacons can recognize certain types of information on a visitor’s computer, such as a visitor’s cookie number, time and date of a page view, and a description of the page where the Web beacon is placed. You may render some web beacons unusable by rejecting their associated cookies.
Orange Leaf and its third party vendors may use web beacons to track and analyze non-personally identifiable usage information and to compile statistical information about Users in order to improve the Sites’ quality and to support our business. All data collected on behalf of Orange Leaf is owned and used by Orange Leaf. Orange Leaf reserves the right to publish non-personally identifiable, summary information regarding its Users for promotional purposes and as a representative audience for business partners.
We may also collect information in log files that include data such as internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, platform type, date/time stamp, and number of clicks. We and our business partners may use this information to analyze trends, administer the Site, track User’s movement in the aggregate, and gather broad demographic information for aggregate use. IP addresses, etc. are not linked to personally identifiable information.
We may also collect information about the location of your device, such as information that identifies your device’s precise location (for example, GPS latitude and longitude level) or its approximate location (e.g. less precise location estimated based on a browser or device’s IP address). We may also use location-based technology in our retail locations, such as iBeacons, to collect information about the presence of your device, if your Bluetooth is turned on and your device settings allow for this. We collect this information or derive it from your GPS, WiFi, Bluetooth or other device settings for purposes of enhancing or facilitating our services, such as to enable the functionality of our websites or mobile applications that provide you with information about stores near you, to enable you to remotely order and pay for our products and services, or so that you may have certain Orange Leaf products delivered to you by a third-party vendor. We may also use information about the location of the device you are using to help us understand how our websites, mobile applications, and other services and functionality are being used, or to deliver more relevant advertising or personalized experiences for you, including tailored marketing offers or messages based on your location or related context such as the time of day or weather.
THE WAY WE USE INFORMATION
We may sell or disclose your personally identifiable information to third parties for direct marketing purposes without providing you an opportunity to opt out or otherwise prohibit such use. Orange Leaf uses the personal information you provide for the purposes for which it was provided, for example, to support an Orange Leaf Rewards program; to notify you that you have won a contest or sweepstakes; to respond to your inquiries or complaints; or to contact you or send you information about your membership. In addition, Orange Leaf, its subsidiaries, affiliates and their franchisees may share and use information collected through the Sites to administer and manage our business, including, for example, to address customer complaints; for account maintenance purposes; in connection with information technology services; to detect, prevent, or investigate security breaches or fraud; and to maintain appropriate records for internal administrative purposes. Personal information may also be used to create a profile that we keep on individual Users that details their preferences and behavior. This profile may be used to develop and improve the products, benefits and services that Orange Leaf, its subsidiaries and their franchisees, and business partners offer to our Members or Users, to operate, improve, service and maintain the Sites and the associated user experience, and to develop pertinent marketing promotions to Users and Members. Further, we may access, use or disclose your personally identifiable information to provide targeted e-mails, text messages, surveys, or promotional offers to you; analyze the Sites to make it more effective; or for other general internal business purposes. If you opt in, we may send you promotions, special offers and alerts to you via text message. You may opt out to stop receiving these text messages at any time.
In connection with any Orange Leaf Rewards loyalty and Orange Leaf gift cards, we will use the information collected to create an easy-to-use and convenient way to process your transactions and provide you information about your Orange Leaf Rewards loyalty and Orange Leaf gift card balances. Financial information is not used for any other purpose than billing.
Please note that if you disclose your personal information in a manner that will be posted publicly, such as in a product review or photograph you post on our Sites, or share with others through media sharing applications such as Instagram®, Pinterest® or Tumblr®, your posting will be seen by others. In addition, if you elect to participate in certain community features offered from time to time, selected information about you may be shared with other participants in these community features. Also, Orange Leaf may make it possible for certain third party web sites to be accessed directly from our Sites and for selected information about you to be provided to these third party web sites if you are also a user of these third party web sites. If a third party web site allows other users to view information about you (e.g. through posting to a publicly available profile page), the information provided by Orange Leaf will be visible to other users of the third party web site.
WHEN WILL I BE CONTACTED BY ORANGE LEAF?
You may receive products and communications associated with your transactions with Orange Leaf, such as purchases, sweepstakes and contests. You may also receive communications from Orange Leaf related to transactions that appear to be from you or which appear to be fraudulent. You may be contacted in regards to an issue on your account or in response to a customer service contact initiated by you or in response to a specific request from you such as clicking on a “forgot my password” link. Any administrative communications also may be accompanied by information about products and services, special offers and upcoming promotions or events offered by Orange Leaf, our subsidiaries and their franchisees or our marketing partners that we think may be of interest to you (“direct marketing”). You may periodically receive from Orange Leaf, its subsidiaries and their franchisees unsolicited direct marketing communications by mail (delivered via the United States Postal Service). Orange Leaf and its subsidiaries and their franchisees aspire to send standalone direct marketing e-mail communications to you only if you have previously opted in to receiving such communications. We support the option to not receive these types of communications. Please see the following section: How Can I Out of Receiving Direct Marketing from Orange Leaf?
HOW CAN I OPT OUT OF RECEIVING DIRECT MARKETING FROM ORANGE LEAF?
If you would prefer that Orange Leaf not use your personal information for standalone direct marketing communications, subject to legal, or contractual restrictions and legal notice, you may opt out of such uses and/or disclosures by
(a) checking the appropriate “Out” box in any applicable e-mail communication or e-newsletter,
(b) visiting www.orangeleafyogurt.com, selecting ‘Contact Us’ and completing the contact form, or
(c) writing to us at Orange Leaf, Attn: Online Customer Service, 14850 Montfort Drive, Suite 131 PMB22, Dallas, TX 75254
Once you have opted out, your subsequent registration for our direct marketing services and promotions, such as our sweepstakes and contests may void, temporarily or permanently, your prior elections to opt out of receiving direct marketing communications from Orange Leaf. Please consult the applicable rules of the promotion or service before participating. Note that when you elect to opt out, we do not delete your personal information.
As for mobile functionality, location services, push notifications and voice transmissions may be adjusted or disabled by you within your device settings. You may also be able to reject cookies, web beacons, entity tags and HTML5 local storage by adjusting the appropriate settings in your browser. Each browser is different, but many browsers have preferences or options that may be adjusted to allow you to either accept or reject cookies and certain other technologies before they are set or installed, or allow you to remove or reject the use or installation of certain technologies altogether.
E-mails that are sent to you as a result of you performing a business transaction with us or requesting specific information from Orange Leaf are not subject to an “Out” process. If you have any suggestions on how to improve these e-mails, please let us know by using the Contact Us functionality on the Site. We appreciate your feedback but cannot commit to taking action.
HOW DOES ORANGE LEAF PROTECT YOUR PERSONAL INFORMATION?
Orange Leaf aspires to take reasonable measures to protect the personal information it collects, uses, stores or discloses. We aspire to implement physical, technological and organizational procedures designed to protect the integrity and security, and to ensure the appropriate use, of your personal information. These procedures are proportional to the nature, sensitivity and format of the personal information collected, used, stored or disclosed by Orange Leaf. For example, Orange Leaf uses Secure Sockets Layering (SSL) to encrypt your financial information, including your credit card number, before it travels over the Internet. SSL technology is the industry standard for secure online transactions.
WHAT ABOUT LINKS TO OTHER WEB SITES?
HOW CAN I ACCESS OR CORRECT MY PERSONAL INFORMATION?
If a User’s personally identifiable information changes (such as zip code, phone, e-mail or postal address), or if a User no longer desires our services, we provide a way to correct, update or deactivate Users’ personally identifiable information. You can review or change some of your personal information by visiting the Site, entering your e-mail address and password and accessing the “My Account” area of the Site. Please note that in most cases, Orange Leaf will retain the previously entered data, and may even be prohibited by law from expunging certain data from its systems.
14850 Montfort Drive Ste 131 PMB22
Dallas, TX 75254
If you are a California resident, you can request a notice disclosing the categories or personal information we have shared with third parties, if any, for the third parties’ direct marketing purposes. To request a notice, please submit your request by mail to: Orange Leaf, Attn: Customer Service, 14850 Montfort Drive, Suite 131 PMB22, Dallas, TX 75254. Please specify that you are requesting a “California Privacy Rights Notice.” We will make every effort to promptly respond to your request.
ORANGE LEAF® TERMS AND CONDITIONS OF USE
Welcome to the Orange Leaf, LLC website, www.orangeleafyogurt.com. These Terms and Conditions of Use (“Terms”) apply to your access to, and use of, all or part of any website or mobile application of Orange Leaf, LLC or its subsidiaries and affiliated companies (collectively, “Orange Leaf,” “we,” or “us”), including www.orangeleafyogurt.com and any other site, mobile application (“Application”), or online service where these Terms are posted (collectively, the “Sites”). By accessing the Sites, you (“you”) agree to be bound by these Terms regardless of whether or not you have read them. If you do not agree to these Terms, do not access the Sites. The Sites are not targeted towards, nor intended for use by, anyone under the age of 13. YOU MUST BE AT LEAST 13 YEARS OLD TO ACCESS AND USE THE SITES. If you are between the ages of 13 and 18, you may only use the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms.
This website is undergoing construction and corrective action to address accessibility issues experienced by some of our customers. Orange Leaf has adopted the W3C WAI Web Content Accessibility Guidelines (WCAG) as its accessibility standard for all online products and services that we design, develop and/or procure, on or after the effective date of this accessibility policy. We are working to ensure, to the extent practicable, the new online products and services satisfy the standard Success Criteria set forth in the WCAG 2.0. Orange Leaf is committed to making its Sites accessible to customers with disabilities and welcomes suggestions for improvement. While we strive to make the Sites as accessible as possible, we ask for your patience during this time of transitions.
CHANGES TO TERMS AND CONDITIONS
INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK NOTICE
The Sites and its contents, including but not limited to, all Site software, design, text, editorial materials, information, data, photographs, visual interfaces, user interfaces, images, graphics, illustrations, video, sound, games, clips, artwork, hyperlinks, displays, and other materials, (all such content collectively referred to as “Content”), and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, are protected under United States and international copyright laws and are the property of Orange Leaf or its third party licensors. All rights are reserved by Orange Leaf. The ORANGE LEAF name, design and related marks are registered trademarks of DFA Brands IP, LLC. All other names, logos, splash screens, page headers, custom graphics and button icons, or other indicia of origin displayed on the Sites are either service marks, names, logos, trademarks, service marks, trade dress, or are otherwise the property (collectively, “Marks”) of Orange Leaf or its third party licensors.
Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Orange Leaf is prohibited and may violate the copyright, trademark or unfair competition laws of the United States and/or other countries. All rights not expressly granted are reserved.
Orange Leaf hereby grants you a personal, non-exclusive, non-assignable, non-transferable, limited, and revocable license to use and display the Content and to use the Application for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Content and only use the Application on a device owned or controlled by you as permitted by the rules contained in the terms contained in the Apple, Inc. Terms and Conditions (“Apple Terms”) or the Google Inc. Google Play Terms of Service (“Google Terms”), whichever is applicable to your device. Orange Leaf, content providers and content providers’ licensors do not transfer any title, right or interest to or in any Content to you. If any of the provisions of the Apple Terms or the Google Terms conflict with our Terms, our Terms will control, solely to the extent that such terms apply to the Application. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, sell, rent, lease, transfer, sublicense, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of Content via a third party website) without express prior written consent of Orange Leaf. Use of Content is only permitted with the express written permission of Orange Leaf and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer, modify or otherwise reduce the computer file in which the Content is stored to a human-readable form. In addition, you may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated with, and you may not edit, modify, translate, or create adaptations of the Content.
This Section will survive the termination of your right to use the Sites.
DIGITAL MILLENIUM COPYRIGHT ACT (“DMCA”) NOTICE
Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), if you believe any material available on the Sites infringes upon a copyright that you own or control, you may file a notification of such infringement with our Designated Agent as set forth below or you can contact us via the Contact Us section of the Site.
Orange Leaf, LLC
14850 Montfort Drive, Suite 131 PMB22
Dallas, TX 75254
If you knowingly misrepresent in your notification that the material or activity is infringing, you will be liable for any damages, including costs and attorneys’ fees, incurred by us or the alleged infringer as the result of our relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing.
In accordance with the DMCA and other applicable law, we have adopted a policy of terminating, in appropriate circumstances and in our sole discretion, users who are deemed to be repeat infringers. We may also, in our sole discretion, limit access to the Sites and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
YOUR COMMENTS AND TRANSMISSIONS
We appreciate your comments, reviews, photos, content, remarks, feedback, suggestions, ideas, inventions, artwork, developments, concepts, and other types of communications, materials and submissions you disclose or transmit to us or to publicly-accessible social networks such as Facebook®, Twitter®, Instagram®, Path®, TwitPic®, Lockerz®, our Application, and similar information and image gathering and sharing services (collectively, “Submissions”). You represent and warrant that your Submissions are not subject to any confidentiality obligations and that you own and control all of the rights to the Submissions, have the lawful right to distribute and produce such Submissions, or otherwise have the right to grant the rights to Orange Leaf that you grant under these Terms. Orange Leaf is free to use the Submissions for any purpose whatsoever. By making a Submission, you grant Orange Leaf and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to make, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, and market your Submissions, and any related copyrights, moral rights or other intellectual property rights therein throughout the world, in any medium or technology of any kind now existing or developed in the future. If you elect to forward to us or to transmit via publicly-accessible social networks any such Submission, then by doing so, you acknowledge that (1) we are not liable for any use, disclosure, or return to you of your Submission, (2) no confidential relationship is established or is to be implied in any way from our receipt of the Submission and any statement to the contrary with your Submission shall not alter this condition, (3) you understand that you will not be entitled to any compensation from us based upon your Submission or our use thereof, (4) the receipt of your Submission shall not constitute a waiver by us of our rights to contest the validity of any copyright, or other intellectual property rights that you may now or hereafter claim for the Submission, (5) you release Orange Leaf and its agents and employees from any claims that such use, as authorized above, violates your rights, and (6) any previously, concurrently or subsequently submitted materials relating to this Submission shall be considered to have been submitted in accordance with these conditions. By making a Submission, you also warrant that you own the material/content submitted, that it is original, that it is not defamatory, and that Orange Leaf use of the Submission will not violate any third party’s rights. Orange Leaf is under no obligation to use any Submission or any part thereof.
Further, you grant Orange Leaf and its sublicensees the right to use your name and likeness that you submit in connection with such materials and content, if they choose. You represent and warrant that you own or otherwise control all of the rights to any Submission and in the materials and content that you post, and that you have the lawful right to distribute and produce such Submissions, or otherwise have the right to grant the rights to Orange Leaf that you grant under these Terms; that the content is accurate; that use of any Submission, materials or content you supply does not and will not cause injury to any person or entity; and that you will indemnify Orange Leaf and its sublicensees for all claims resulting from any Submission, materials and content you supply. Orange Leaf has the right but not the obligation to monitor and edit or remove any activity or content on the Sites. Orange Leaf takes no responsibility and assumes no liability for Submissions and/or any materials or content posted by you or any third party.
We ask that you do not submit confidential information or materials to us. We will not keep the Submission confidential and we may use it as we see fit. By submitting anything to us, you acknowledge that the Submission is not confidential, or that even if you think that it is, you are waiving any rights you may have to the Submission being confidential or any ownership interest you think that you have in the Submission. Also, please do not submit anything to us that you have done for your employer during the course of your employment.
In order to participate in certain areas of our Sites, you will need to register for an account. In providing registration and other information to Orange Leaf, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If Orange Leaf has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Orange Leaf has the right to suspend or terminate your account and refuse any and all current or future use of the account. You agree to maintain the security of your account by not sharing your password and will promptly notify Orange Leaf if you discover or otherwise suspect any security breaches related to your account. You agree to take responsibility for all activities that occur under your account and accept all risks of unauthorized access.
In using the Sites you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of the Sites; or (g) engage in “flooding,” i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address).
You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, invasive of another’s privacy, obscene, pornographic, indecent, lewd, suggestive, threatening, inflammatory, fraudulent, otherwise objectionable or which threatens our relationship with our employees, partners, customers, or suppliers; (b) infringes or violates any party’s copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law or under contractual or fiduciary relationships; (d) contains personally identifiable information belonging to minors; (e) impersonates any person or entity or otherwise misrepresents your identity or affiliation with another person or entity; (f) is spam, direct marketing or any unsolicited advertising, promotional materials or other forms of solicitation or commercial content; or (g) violates these Terms, or in Orange Leaf sole discretion, is objectionable, restricts or inhibits any other person from using or enjoying the Sites, or which damage the image or rights of Orange Leaf, other users, or third parties.
To the extent that the following activities are prohibited by applicable law, in using the Sites you will not: (a) use the Sites for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads or streaming of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.
To the extent that any of the following activities materially interfere with the Sites or the network and systems of an Orange Leaf service provider (“Service”), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on the Sites; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on the Sites or otherwise act in a manner that negatively affects other users’ ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to the Sites or Service; (f) use the Sites or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of the Sites, Service, or another entity, or obtain or bypass others’ passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.
MODIFICATIONS TO THE SITES
Changes may be made at any time to the information, names, text, software, images, pictures, logos, trademarks, products and services and any other material displayed on, offered through or contained on the Sites. The Sites may include inaccuracies or typographical errors that may be corrected as they are discovered at Orange Leaf sole discretion. Further, Orange Leaf reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Sites including but not limited to content, features or hours of availability. Orange Leaf may impose limits on certain features of the Sites or restrict your access to part or all of the Sites without notice or penalty.
You may elect to participate in certain functionality of the Sites which will allow you to use the Sites to purchase Orange Leaf products (“Mobile Payment”). Mobile payment may be accepted at participating Orange Leaf locations in the United States. Orange Leaf reserves the right at any time to discontinue Mobile Payment or change the location of the stores accepting Mobile Payment.
MOBILE ORDER AND PAY (MOP) AND DELIVERY
You may also elect to participate in certain functionality of the Sites which will allow you in certain Orange Leaf locations in certain markets to use the Sites to order and pay for certain Orange Leaf products prior to arrival at the restaurant (“MOP”). Orange Leaf reserves the right at any time to discontinue MOP or change the location of the stores or markets offering MOP.
GIFT CARDS TERMS AND CONDITIONS (“Gift Card Rules”)
ABOUT YOUR GIFT CARD
Orange Leaf gift cards are not subject to any service fees or expiration dates. Your use of a gift card constitutes your acceptance of the complete Gift Card Rules (including the Arbitration provisions). Gift cards are redeemable for food, drink and eligible merchandise at participating locations in the United States. Eligible merchandise or services are determined by Orange Leaf in its sole discretion and may be changed without notice. Gift cards cannot be used to purchase other gift cards and you will not receive Rewards points for the purchase of any gift card. Gift cards cannot be redeemed for cash or applied as payment to any account, unless required by law. In California, all gift cards are redeemable for cash upon request if the balance on the card is less than $10.00. Gift cards may be redeemable for cash when their balance falls below a certain amount in other states within the United States as well.
ELECTRONIC GIFT CARDS
The Electronic Gift Card program allows you to purchase and send a virtual Card via email. You may choose the design and dollar value (within certain limits) and complete your purchase using a credit card, or debit card. You will need the email address for the recipient of your Card eGift (also known as an “eGift” or “eGift Card”). You authorize us to charge your credit card or debit card at the time you purchase your eGift.
We will send the recipient of your eGift an email notifying them that they have received an eGift from you. He or she will then be able to print out the eGift and bring it into a location to make a purchase. An eGift is like a gift card and should be treated like cash by the recipient.
Each eGift has a unique gift card account number associated with it no matter how many times the email is printed out. We will only give refunds for unused eGifts with the original receipt.
ADDING VALUE TO YOUR GIFT CARD
In the United States, you can load a dollar value on a gift card by using a credit card, debit card or cash by visiting any participating Orange Leaf location. You may not load more than $100 worth of value on each gift card. There is no minimum amount that must be loaded onto your gift card. Orange Leaf may change the maximum and minimum amounts at any time by notifying you at the point of sale, by phone when you call or on the Sites, and such change shall not constitute an amendment to these Gift Card Rules.
LOST, STOLEN OR DAMAGED GIFT CARD REPLACEMENT POLICY
Unless you have an original sales receipt for your gift card and your 16-digit gift card number, or unless it has been registered by you on www.orangeleafyogurt.com and you can provide us your email address or phone number that you used to register your gift card, the remaining gift card value will not be replaced if lost, stolen or damaged.
- If you registered your gift card with us, you can contact us via the Contact Us section of the Site or via your account balance page (go to disable my gift card) and we can deactivate your lost, stolen or damaged gift card and load the balance remaining at the time of notification onto a new gift card or Orange Leaf Rewards account.
- You can also go into a participating Orange Leaf location, with your original receipt for the gift card purchase and your 16-digit gift card number or, again, if you registered the gift card with us and you can provide your email address or phone number that you used to register the gift card. The store personnel can deactivate your gift card and issue you a new gift card with the remaining balance.
- If you cannot either go online or to a participating Orange Leaf restaurant and if your gift card has been lost, stolen or damaged, please mail: (1) the 16-digit gift card number (or if you registered your gift card with us, you can provide us with the email address or phone number used at the time of registration), (2) an original location receipt indicating the purchase of the gift card, (3) a copy of a valid government issued I.D. (Driver’s License, Military I.D., or Passport), and (4) your complete name and mailing address to: Orange Leaf, Attn: Gift Cards Replacement, 14850 Montfort Drive, Suite 131 PMB22, Dallas, TX 75254. Upon satisfactory receipt of these required information, Orange Leaf will cancel your old gift card and issue a new gift card in the amount of any remaining balance on your old gift card on the date of Orange Leaf receipt of such information.
The replacement gift card will be mailed to the address you provide, which must be a valid street address. P.O. Boxes will not be accepted. Please make a copy of all documents you submit to us for your records. All documents submitted become Orange Leaf property and will not be returned. Please allow up to 8 weeks for delivery of the replacement gift card. Orange Leaf shall not be responsible for any lost, late, illegible, damaged, misdirected, incomplete or postage due mail. Reproduction, purchase, trade or sales of Report Form, gift card numbers, and or cash register receipts are prohibited. Fraudulent submissions may result in prosecution under applicable federal mail fraud statutes.
FRAUD ASSOCIATED WITH YOUR GIFT CARD OR CARD BALANCE
We will not accept any gift card, or will limit use of any gift card or gift card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Orange Leaf does not control who may sell preloaded gift cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, Orange Leaf has no liability to you for any third party fraud or unlawful activity associated with any gift card balance. If Orange Leaf discovers any gift card or gift card balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted gift cards and retain all related gift card balances without notice to you. We may use retained gift card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load gift cards.
REGISTRATION, LIABILITY FOR UNAUTHORIZED TRANSACTIONS
To register your gift card, please visit www.orangeleafyogurt.com. When registering a gift card, you agree that you will: (i) provide complete and accurate information about yourself; and (ii) update such information if it changes. If you do not provide or update such information, or if we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your gift card. If you believe your gift card has been disabled in error, please contact us via the Contact Us section of the Site. You are responsible for: (a) the accuracy of all information that you provide to us; and (b) maintaining the confidentiality and security of your gift card information.
Because your gift card is used like cash for purchases from participating locations, you are responsible for all transactions associated with your gift card, including unauthorized transactions. However, if your gift card is lost, stolen or destroyed, the card can be replaced with the balance remaining on it at the time of your call, but only if you have registered it with us. Please notify us immediately if you change any of your registration information. If your gift card becomes lost, stolen or damaged, you should contact us via the Contact Us section of the Site. Your gift card balance is only protected from the point in time you notify us that your gift card is missing. We will freeze the remaining balance on your gift card at the time you notify us and will load that remaining balance on a replacement gift card.
Please read this section carefully. It affects rights that you may otherwise have. It provides for resolution of most disputes through arbitration instead of court trials and class actions. Arbitration is more informal than a lawsuit in court, uses a neutral arbitrator instead of a judge or jury, and discovery is more limited. Arbitration is final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of these Gift Card Rules.
This provision is intended to be interpreted broadly to encompass all disputes or claims arising out of or relating to these Gift Card Rules, your gift card and your relationship with us. Any dispute or claim arising out of or relating to these Gift Card Rules or use of the gift card and your relationship with Orange Leaf or any subsidiary, parent or affiliate company or companies (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration, except that either of us may take claims to small claims court if they qualify for hearing by such a court.
Notwithstanding the above, you may choose to pursue your claim in court and not by arbitration if you opt out of this arbitration provision within 30 days from the earliest of the date you purchased, loaded, reloaded or used any of your gift cards (the “Opt Out Deadline”) after these Gift Card Rules have gone into effect. You may opt out of these arbitration procedures by sending us a written notice that you opt out to the following address: Orange Leaf, Attn: Customer Service, 14850 Montfort Drive, Suite 131 PMB22, Dallas, TX 75254. Any opt-out received after the Opt Out Deadline (allowing three (3) additional days for mailing) will not be valid and you must pursue your claim in arbitration or small claims court.
For all disputes, whether pursued in court or arbitration, you must first send a written description of your claim to our Customer Service department to allow us an opportunity to resolve the dispute. You and we each agree to negotiate your claim in good faith. You may request arbitration if your claim or dispute cannot be resolved within sixty (60) days. The arbitration of any dispute or claim shall be conducted in accordance with the rules of the American Arbitration Association (“AAA”), including the AAA’s Consumer Arbitration Rules (as applicable), as modified by this Agreement. The AAA Rules and information about arbitration and fees are available online at www.adr.org. You and we agree that these Gift Card Rules evidences a transaction in interstate commerce and this arbitration provision will be interpreted and enforced in accordance with the U.S. Federal Arbitration Act and federal arbitration law, and not governed by state law. Any arbitration will be held in a reasonably convenient location in the state in which you reside or at another mutually agreed location. The arbitration will be conducted in the English language. An arbitrator may award on an individual basis any relief that would be available in a court, including injunctive or declaratory relief to the extent required to satisfy your individual claim, and must follow and enforce these Gift Card Rules and this arbitration agreement as a court would. Any arbitration shall be confidential, and neither you nor we may disclose the existence, content or results of any arbitration, except as may be required by law or for purposes of enforcement of the arbitration award. Judgment on any arbitration award may be entered in any court having proper jurisdiction.
Except for claims determined to be frivolous, upon filing of the arbitration demand, we will pay half of all filing, administration and arbitrator fees other than the initial $200 filing fee. Each party will bear the fees and expense of its own attorneys, experts, witnesses and preparation and presentation of evidence at the arbitration.
You and we each agree that any proceeding, whether in arbitration or in court, will be conducted only on an individual basis and not in a class, consolidated or representative action. If a court or arbitrator determines in an action between you and us that this class action waiver is unenforceable, the arbitration agreement will be void as to you. If you opt out of the arbitration provision as specified above, this class action waiver provision will not apply to you. Neither you, nor any other customer, can be a class representative, class member, or otherwise participate in a class, consolidated or representative proceeding without having complied with the opt out procedure set forth above. If for any reason a claim proceeds in court rather than through arbitration, you and we each waive any right to a jury trial.
These Gift Card Rules and this agreement to arbitrate shall be governed by and construed in accordance with the laws of the State of Texas not withstanding any conflict-of-laws rules.
ORANGE LEAF REWARDS TERMS AND CONDITIONS (“Orange Leaf Loyalty Program Rules”)
Orange Leaf Rewards is the exclusive Orange Leaf loyalty program that allows you to earn rewards for every qualified purchase you make in any participating Orange Leaf location. All customers can join Orange Leaf Rewards. There is no fee to join. In order to join Orange Leaf Rewards, you must first obtain and activate an Orange Leaf Rewards account by one of the following methods: (1) obtain an Orange Leaf Rewards card at any participating Orange Leaf location; (2) download the Orange Leaf mobile application; or (3) sign up online.
As an Orange Leaf Rewards member, you may receive special promotions, coupons and invitations to exclusive events at Orange Leaf locations. You must present your Orange Leaf Rewards card, your 16-digit Orange Leaf Rewards account number, or other identifiable information provided at time of registration (such as your email address or phone number that is linked to your Rewards account) at the time of check out to earn Orange Leaf Rewards points; however, if you forget to do so, you may either (i) take your original receipt back to the Orange Leaf location from which you made your purchase, and request your Orange Leaf Rewards points for that purchase be added to your Orange Leaf Rewards account, or (ii) contact us via the Contact Us section of the Site. Make sure that you keep a copy of your receipt for the previous qualified purchases as we will need the information from the receipt in order to update your account accordingly with the rewards points earned for any qualified purchases you make in participating Orange Leaf location(s). If you cannot contact us via the Contact Us section of the Site or return to the Orange Leaf location, then you can mail a copy of your receipt and your Orange Leaf Rewards card number to Orange Leaf, Attn: Orange Leaf Rewards, 14850 Montfort Drive, Suite 131 PMB22, Dallas, TX 75254. Visit our website for answers to frequently asked questions regarding Orange Leaf Rewards.
Your use of an Orange Leaf Rewards account constitutes your acceptance of the complete Orange Leaf Loyalty Program Rules. Orange Leaf may at any time, and at its sole discretion, modify the terms and conditions of the Orange Leaf Loyalty Program, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Orange Leaf Loyalty Program Rules periodically and your continued use of or participation in the Orange Leaf Rewards following such modifications will indicate your acceptance of any modified terms and conditions. If you do not agree to any modification of the terms and conditions of use, you must immediately stop using your Orange Leaf Rewards account.
Orange Leaf may make changes to Orange Leaf Rewards, including, without limitation, the benefits of the program, at any time, and from time to time, without prior notice. Further, Orange Leaf reserves the right to suspend or end the Orange Leaf Rewards program without prior notice, in Orange Leaf sole discretion. Orange Leaf also reserves the right to suspend or end the Orange Leaf Rewards program or certain aspects and/or benefits thereof in certain geographic areas without prior notice. Void where prohibited.
ORANGE LEAF REWARDS POINTS AND REWARDS
You will earn 10 points for every dollar spent on qualified purchases in a participating location as long as you present your Orange Leaf Rewards card or your 16-digit Orange Leaf Rewards account number at the time of purchase. Your Orange Leaf Rewards card can also be used as a prepaid/stored value card (see below).
You will receive a $5 reward for every 500 Orange Leaf Rewards points you earn. Your rewards are automatically saved on your Orange Leaf Rewards account. To redeem them, you must present your Orange Leaf Rewards card or your 16-digit Orange Leaf Rewards account number at the time of purchase.
Qualified purchases are determined by Orange Leaf in its sole discretion and may be changed without notice. The purchase of an Orange Leaf gift card and/or redemption of Orange Leaf Rewards are not qualified purchases; however, purchases (other than purchases of gift cards) made at a participating Orange Leaf location using an Orange Leaf gift card and/or a preloaded Orange Leaf Rewards card (other than use of any Orange Leaf Rewards rewards) are considered qualified purchases. You cannot use rewards to purchase Orange Leaf gift cards. Please note that rewards will expire upon the earlier of (a) 12 months of inactivity on your Orange Leaf Rewards card, or (b) the following rewards expiration schedule:
- Earned $5 Rewards, which are $5 rewards we give you for every 500 Orange Leaf Rewards points you earn, expire 90 days after you receive your reward.
- Coupons and other rewards we may send you on a periodic basis (other than your Earned $5 Rewards) typically expire 30 days after you receive the coupon or reward.
- The expiration date of coupons and rewards will be listed on your account balance.
The only way to redeem your rewards earned is by registering your Orange Leaf Rewards card and presenting your Orange Leaf Rewards card, your 16-digit Orange Leaf Rewards account number, or other identifiable information provided at time of registration (such as your email address or phone number that is linked to your Rewards account) at the time of check out. You must register you Orange Leaf Rewards card to redeem your rewards. You will, however, continue to accumulate reward points for qualified purchases in participating Orange Leaf locations. You must provide us with your email address in order to register your Rewards account. You may elect to opt out of receiving marketing and promotional from Orange Leaf, however, if you do so, you will also be opting out of us sending to you special promotions, coupons and/or invitations to exclusive events from Orange Leaf.
If you want to combine your reward points and/or rewards from multiple cards, simply register the Orange Leaf Rewards account number or card that you will keep as your primary Orange Leaf Rewards account and follow the steps to merge Orange Leaf Rewards accounts on the Site. If you have any questions or if you cannot complete the merger yourself online, you can always contact us via the Contact Us section of the Site with your request to combine multiple Orange Leaf Rewards cards. We will need the numbers of all Orange Leaf Rewards cards and you will need to indicate which Orange Leaf Rewards card is to be the primary one; we will transfer your reward points and/or rewards from the identified Orange Leaf Rewards cards to the one that you designate as your primary account or card, and then deactivate your other Orange Leaf Rewards cards.
USE OF YOUR ORANGE LEAF REWARDS CARD AS A PREPAID/STORED VALUE CARD
Eventually, your Orange Leaf Rewards account or card will allow you to load a dollar value on to it for future purchases at participating Orange Leaf locations. The dollar value that you load onto your Orange Leaf Rewards account or card is a prepayment only for the goods and services of participating Orange Leaf locations. No credit card, credit line, overdraft protection or deposit account is associated with an Orange Leaf Rewards account or card. Unless otherwise required by law or permitted by these Orange Leaf Loyalty Program Rules, any amount on your Orange Leaf Rewards account or card is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to an Orange Leaf Rewards account or card will accrue or be paid or credited to you by Orange Leaf. The value associated with the Orange Leaf Rewards account or card is not insured by the Federal Deposit Insurance Corporation (FDIC).
Most Orange Leaf locations in the United States accept your Orange Leaf Rewards account or card. Certain Orange Leaf -branded locations may not permit you to use the Orange Leaf Rewards card for payment, including some franchise locations, special venue locations, or in restaurants located outside the United States, to the extent applicable. We reserve the right not to accept any Orange Leaf Rewards account or card or otherwise limit use of an Orange Leaf Rewards account or card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.
ADDING VALUE TO YOUR ORANGE LEAF REWARDS ACCOUNT OR CARD
Soon, your Orange Leaf Rewards account or card can be used as an Orange Leaf gift card. When such functionality is launched, in the United States, you will be able to load a dollar value on an Orange Leaf Rewards account or card by using a credit card, debit card or cash by visiting any participating Orange Leaf location. You may not load more than $100 worth of value on each Orange Leaf Rewards account or card. There is no minimum amount that must be loaded onto your Orange Leaf Rewards account or card. Orange Leaf may change the maximum and minimum amounts at any time by notifying you at the point of sale, by phone when you call or on the Sites, and such change shall not constitute an amendment to these Orange Leaf Loyalty Program Rules.
RECEIPTS AND STATEMENTS
Orange Leaf Rewards accountholders are not sent statements of itemized transactions from an Orange Leaf Rewards account. You can check the balance of your Orange Leaf Rewards account or card or review recent transactions on your Orange Leaf Rewards account or card by visiting our website or contacting us via the Contact Us section of the Site. You will need to have your Orange Leaf Rewards card, your 16-digit Orange Leaf Rewards account number, or other identifiable information provided at time of registration (such as your email address or phone number that is linked to your Rewards account) available in order to access your account. The account balance for an Orange Leaf Rewards account or card or Orange Leaf gift card also will appear on your receipt from a point-of-sale register. When you use your Orange Leaf Rewards account or card, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using an Orange Leaf Rewards account or card and will provide the remaining balance of your Orange Leaf Rewards account or card. You should keep your receipts and check your online statement to ensure that your account balance is correct.
BILLINGS AND ERROR CORRECTIONS
We reserve the right to correct the balance of your Orange Leaf Rewards card or account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your Orange Leaf Rewards account or card, please contact us via our Contact Us page on the Site. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 60 days of the date of the transaction in question. You should monitor your transactions and account balances closely.
FRAUD ASSOCIATED WITH YOUR ORANGE LEAF REWARDS ACCOUNT OR CARD OR ACCOUNT OR CARD BALANCE
We will not accept any Orange Leaf Rewards account or card, or will limit use of any Orange Leaf Rewards account or card or account or card balance, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful, and we consider such action appropriate to limit our risk. Orange Leaf does not control who may sell preloaded Orange Leaf Rewards account or cards, nor can we control the price or preloaded denominations offered by independent sellers. Consequently, Orange Leaf has no liability to you for any third party fraud or unlawful activity associated with any Orange Leaf Rewards account or card balance. If Orange Leaf discovers any Orange Leaf Rewards account or card or account or card balance was sourced or derived from fraud or other unlawful means, in our sole discretion, we may cancel all impacted Orange Leaf Rewards accounts or cards and retain all related Orange Leaf Rewards account or card balances without notice to you. We may use retained Orange Leaf Rewards account or card balances to help offset our liability to card companies, networks and issuers of lost or stolen credit and debit cards used to purchase or load Orange Leaf gift cards and Orange Leaf Rewards accounts or cards.
REPLACING A LOST OR STOLEN ORANGE LEAF REWARDS ACCOUNT OR CARD
If your Orange Leaf Rewards card is lost, stolen or destroyed or you cannot remember your Orange Leaf Rewards account number of any of the information you used to activate such account, the card can be replaced with the balance remaining on it at the time of your call, but only if you have registered it with us. Please notify us immediately if you change any of your registration information. If your Orange Leaf Rewards card is ever lost or stolen, visit your local participating Orange Leaf location and request a new Orange Leaf Rewards card. If you remember the 16-digit number of the Orange Leaf Rewards card you have lost or stolen or your email and/or phone number that you used when registering your Rewards account, a participating Orange Leaf restaurant will be able to deactivate your old card and issue you a new one. Your Orange Leaf Rewards card balance is only protected from the point in time you notify us that your Orange Leaf Rewards card is missing. We will freeze the remaining balance on your Orange Leaf Rewards card at the time you notify us and will load that remaining balance on a replacement Orange Leaf Rewards card. If you do not remember any of this information, you will need to obtain and register a new Orange Leaf Rewards account either in a participating Orange Leaf location or online by contacting us via the Contact Us section of the Site; we are sorry but none of your Rewards points, rewards or balances can be transferred if you cannot remember the 16-digit number of the Orange Leaf Rewards account or card or the email address or phone number that you used to register your account.
USERNAME, PASSWORD AND ACCESS TO YOUR ORANGE LEAF REWARDS CLUB ACCOUNT
You are solely responsible for managing your password and for keeping your password confidential. No one from Orange Leaf will be authorized to provide you your password. If you forget your username or password, click on the “Forgot Your Password” link, or contact us via the Contact Us section of the Site to request your username or password. For your privacy, we do not have access to your password information. However, we can reset it for you so that you can update your account with a new password. You are also solely responsible for restricting access to any computer or mobile device you use to access your Orange Leaf Rewards membership. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons. If we provide you with, and you opt for a “Remember me” feature for your Orange Leaf Rewards account, or if you login with your personal Facebook account, a cookie helps Orange Leaf recall certain items of your specific information on subsequent visits, including your username and password. When you return to Orange Leaf Rewards, the information you previously provided can be retrieved, so that it is not necessary to enter your username and password to access certain functionality. While cookies are a convenience, please remember that if you elect the “Remember Me” option, anyone who can access the computer or mobile device you are using will have the ability to access your account for certain functions and view certain information about your account.
CONSENT TO ELECTRONIC COMMUNICATIONS
Through your registration of your Orange Leaf Rewards account, you consent to receive communications from Orange Leaf about Orange Leaf and/or your Orange Leaf Rewards membership electronically, either by e-mail or by notices posted on the Sites, as determined by Orange Leaf in its sole discretion. You agree that a notice, disclosure, agreement, or other communication be sent to you by Orange Leaf in writing is satisfied by such electronic communication. You agree that Orange Leaf may send you e-mails which include notices about your account as well as information pertaining to our products and/or services, such as featured products or new offerings. You agree that this information is part of your Orange Leaf Rewards membership and your relationship with Orange Leaf.
ORANGE LEAF INITIATED ORANGE LEAF REWARDS CANCELLATIONS
Orange Leaf may suspend or cancel your Orange Leaf Rewards membership account, or otherwise restrict your use of any of Orange Leaf services, in Orange Leaf sole discretion, with or without cause.
In connection with any Orange Leaf gift card or Orange Leaf Rewards card, your personally identifiable and financial information are encrypted using SSL (Secure Socket Layer) encryption technology before being sent over the Internet. This is industry standard technology designed to protect the security of your information. To help prevent unauthorized access to your data, maintain data accuracy, and ensure the correct use of information, we have also established physical, electronic, and managerial procedures designed to safeguard and secure the information we collect online.
THE SITES, THEIR CONTENTS, AND ANY SOFTWARE, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THE SITES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. ORANGE LEAF AND ITS LICENSORS AND CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT (INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THE SITES, THEIR CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THE SITES) AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE WITH RESPECT TO THE SITES, ANY GIFT CARD AND/OR ANY ORANGE LEAF REWARDS CARD OR ACCOUNT. ORANGE LEAF DOES NOT WARRANT THAT THE GIFT CARD AND/OR THE ORANGE LEAF REWARDS CARD OR ACCOUNT WILL ALWAYS BE ACCESSIBLE OR ACCEPTED. ORANGE LEAF DOES NOT WARRANT THAT THE SITES OR THEIR CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ALL INFORMATION ON THE SITES IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
IN NO EVENT SHALL ORANGE LEAF OR ANY OF ITS SUBSIDIARIES, AFFILIATES, FRANCHISEES, LICENSEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL OR AGGRAVATED DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THE SITES; ANY CONTENT OR MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THE SITES; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THE SITES; ANY LINK PROVIDED ON THE SITES; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT ORANGE LEAF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ORANGE LEAF OR ITS AFFILIATES OR SUBSIDIARIES HAVE ANY LIABILITY FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF A GIFT CARD AND/OR ORANGE LEAF REWARDS ACCOUNT OR 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. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THE SITES.
YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE SITES.
You agree to defend, indemnify and hold Orange Leaf and each of its subsidiaries, affiliates, franchisees, licensees and any of their respective directors, officers, employees, shareholders, members, agents, licensees, successors, assigns or other representatives, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Sites including, without limitation, transmission or placement of information or material by you on the Sites, (ii) use of a gift card, (iii) use of an Orange Leaf Rewards card, account or any earned rewards or points, or (iv) violation of any of these Terms including, without limitation, the Orange Leaf Loyalty Program Rules and the Gift Card Rules. This provision shall survive the termination of your right to use the Sites.
All disputes between you and Orange Leaf arising or relating to: (a) these Terms; (b) the Sites; (c) any advertisement or promotion relating to these Terms or the Sites; or (d) transactions effectuated through the Sites; or (e) the relationship which results from these Terms (including relationships with third parties who are not party to these Terms) shall be resolved by binding individual arbitration under the American Arbitration Association’s rules for consumer-related disputes. Neither you nor Orange Leaf will participate in a class action or class-wide arbitration for any claims covered by these Terms. If this class action waiver is found to be unenforceable in a particular case, then this entire arbitration agreement shall be null and void in that case. These Terms shall be governed by the Federal Arbitration Act and, where consistent, Texas law. Orange Leaf reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use the Sites.
Orange Leaf may at any time and at its sole discretion terminate your right to use the Sites.
You agree that all matters relating to your access to or use of the Sites, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Dallas County, Texas, and waive any objection to such jurisdiction or venue.
We may assign all or part of these Terms without notice to you. We are then released from all liability. You may not assign these Terms without our prior written consent and any attempted assignment will be void.
Except for the portion of these Terms specifically labeled as the Orange Leaf Rewards Terms and Conditions, which govern the Orange Leaf Rewards program (i.e., Orange Leaf Loyalty Program Rules) or the Orange Leaf Gift Card Terms and Conditions, which govern the Orange Leaf Gift Card program (i.e., Gift Card Rules), these Terms constitute a binding agreement between you and Orange Leaf and supersede all prior agreements, understandings and representations between the parties regarding the subject matter herein. In the event of an inconsistency between these Terms and either the Orange Leaf Loyalty Program Rules or the Gift Card Rules relating to your use of the Sites, these Terms shall prevail. In the event of an inconsistency between these Terms and the Orange Leaf Loyalty Program Rules relating to your use of your Orange Leaf Rewards loyalty card or Orange Leaf Rewards points, the Orange Leaf Loyalty Program Rules shall prevail. In the event of an inconsistency between these Terms and the Gift Card Rules relating to your use of your Orange Leaf gift card, the Gift Card Rules shall prevail. No failure by Orange Leaf or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction. These Terms are effective until terminated by you or Orange Leaf, which Orange Leaf may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Sites, your only recourse is to immediately discontinue use of the Sites. All provisions of the Terms regarding representations, warranties, indemnification, disclaimers, and limitations of liability shall survive the termination of the Terms.
If you have any questions or comments about these Terms, please contact us via the Contact Us section of the Site.
The Sites contains links to or references to other web sites owned and operated by third party, including among others those of advertisers and other third parties and companies whose trademarks appear on the Sites. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Orange Leaf or its affiliates. This could be the case even for those web sites that carry Orange Leaf or its affiliates’ trademarks or logos or which are framed by the Sites. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites. We are not responsible for the information collection practices or the content of the sites to which we link.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (800) 952-5210.
If you are a California resident, you can also request a notice disclosing the categories or personal information we have shared with third parties, if any, for the third parties’ direct marketing purposes. To request a notice, please submit your request by mail to: Orange Leaf, Attn: Customer Service, 14850 Montfort Drive, Suite 131 PMB22, Dallas, TX 75254. Please specify that you are requesting a “California Privacy Rights Notice.” We will make every effort to promptly respond to your request.
If you have any questions or concerns regarding these Terms (including, without limitation, the Orange Leaf Rewards Loyalty Program Rules or the Gift Card Rules) or regarding the privacy or security of any Orange Leaf gift card or Orange Leaf Rewards card or account, please contact us via the Contact Us section of the Site, or write to us at Orange Leaf, 14850 Montfort Drive, Suite 131 PMB22, Dallas, TX 75254.
© 2021 Orange Leaf, LLC. All rights reserved.