Yogurtland: Real Rewards Terms

Real Rewards Terms

Yogurtland^® Real Rewards Program

Here's how the Yogurtland Real Rewards Program works: You earn Points by using your Real Rewards card or account when making Yogurtland purchases. (When we use the term "Card" in this program description, we mean both physical and digital cards.) It's simple, for every dollar spent, we'll reward you with two (2) Yogurtland Real Rewards Points. After each time you earn 100 Points, those 100 Points are automatically converted to a $5.00 reward redeemable on future purchases!

You will start on our Signature Tier level. You can move up to our Premium Level and then all the way to the Ultimate Level. The higher you go, the bigger and more exclusive rewards you'll earn! The level you earn in one year is good for the remainder of that year and for all of the next year.

To start earning Points, simply make a purchase with your registered Yogurtland Real Rewards Card. Your account must be registered to turn those Points into rewards. To register your Yogurtland Real Rewards account, visit yogurtland.com/realrewards or register using the mobile app!

Start Earning Points and Rewards

Earn your first delicious reward just by registering! Right away, you qualify for 50 Bonus Points and qualify to receive a birthday reward! Keep earning Points by using your registered Yogurtland Real Rewards Card at participating Yogurtland stores or through Yogurtland online ordering. For every dollar you spend, your Real Rewards account will earn 2 Points. As you accumulate Points, you earn bigger benefits. There are three reward levels: Signature, Premium and Ultimate. We keep track of your Points for each year you participate. Your first year starts on the day you register ("your Registration Date").

By earning 200 Yearly Points, you move up from Signature Level to Premium Level. That qualifies you for Quarterly Bonus Points, a Birthday Reward Upgrade and a Half Birthday Reward.

After earning 600 Yearly Points, you move up from Premium Level to Ultimate Level. That qualifies you for Quarterly Bonus Points, a Birthday Reward Upgrade, a Half Birthday Reward, 2x Points every 2nd of the month, and exclusive surprise offers throughout the year.

Other Terms and Conditions

Rewards may be redeemed at participating Yogurtland stores only or through Yogurtland online ordering on our website or mobile app. Each birthday reward must be used within the specific four-week period provided to participant by email or as displayed on their account balance, or it will automatically expire and be of no value. Any other reward must be used within its specified redemption period (unless otherwise stated), or it will automatically expire and be of no value. Points may not be traded, sold or otherwise transferred to others or their accounts. Points may not be combined or earned with other discounts. Points are not replaced in your Real Rewards account for expired rewards, so be sure to redeem each of your rewards before it expires. Real Rewards rewards may be combined with other Real Rewards rewards but not with other discounts or offers. Unless otherwise required or prohibited by applicable law, Points and rewards have no cash value and may not be redeemed for cash. Participation in this program constitutes acceptance of these terms and conditions and all others on our website. See yogurtland.com/realrewards for details and all other Terms and Conditions of Loyalty and Gift Cards. All terms and conditions subject to change by posting at yogurtland.com/realrewards.

Questions? You may contact us at our website above.

YOGURTLAND^® REAL Rewards CARD ACCOUNT AND MOBILE APP AGREEMENT -- TERMS AND CONDITIONS

The following Yogurtland Real Rewards Card Account and Mobile App Agreement describes the terms and conditions that apply to Yogurtland Real Rewards Card Account (sometimes referred to below as a "Real Rewards Card", the "Card" or "your Card," or “your account” and refers to both physical Cards and digital Cards that were registered or an account number that were provided to you when you registered online or using the Yogurtland mobile app). As indicated below, certain of these terms and conditions also apply to the prepaid accounts of Yogurtland gift cards. By using your Real Rewards Card or account, any other Yogurtland gift card, or the Yogurtland mobile app, you confirm your acceptance of all of the terms and conditions of this agreement ("these Terms and Conditions"). Please keep a copy of this agreement for your records.

About Your Account

The Real Rewards Card is issued by Yogurtland Franchising, Inc. The Card serves both as a loyalty card, allowing you to earn Points and Rewards through your eligible purchases, and as a stored value/gift card, allowing you to load U.S. Dollar value onto the card and then use it for purchases at participating Yogurtland Stores. The dollar value that you load onto your Card is a prepayment only for the goods and services of participating stores. Except as described immediately below, no credit card, credit line, overdraft protection or deposit account is associated with a Real Rewards Card or other Yogurtland gift card. In the process of loading dollar value onto a Real Rewards or other Card, a participant will have the option to link the participant's credit card to his or her Real Rewards Card in order to add additional dollar value onto the Card at a later time, and to set up his or her account to either automatically add dollar value once the account's balance drops below a specified amount or to add additional amounts only by specific direction of participant on subsequent visits to our website at yogurtland.com/realrewards.

Except as otherwise required by law or expressly permitted by this agreement, any amount on your Card is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to a Yogurtland Real Rewards Card or other gift card will accrue or be paid or credited to you by Yogurtland.

Most Yogurtland stores in the United States will accept your Real Rewards Card and other authorized Yogurtland gift cards. Certain Yogurtland-branded locations might not permit you to use the Real Rewards Card or other gift card for payment. Our franchisees and we reserve the right not to accept any Real Rewards Card or other gift card or otherwise limit use of such a card, if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

These Terms and Conditions contain disclaimers and other provisions that limit our liability to you.

Eligibility, Registration and Account

The Real Rewards program and other Yogurtland gift card and mobile app programs and Yogurtland websites (the "Sites") are not intended for use by anyone under the age of 13 years. If you are between the ages of 13 and 18, you may only use the programs or the Sites under the supervision of a parent or legal guardian who agrees to be bound by these Terms and Conditions.

In order to participate in the Real Rewards program and certain areas of our Sites and to redeem rewards, you will need to register for an account. Registration may be completed on our mobile app or on our Sites. Registration includes providing us with certain information about you, so that we can keep track of your purchases and reward you. In completing your registration, you are also required to confirm your acceptance of these Terms and Conditions.

Your use of any of the programs or Sites constitutes your agreement to (a) create only one account; (b) provide accurate, truthful, current and complete information when creating your account; (c) promptly update your account information; (d) help maintain the security of your account by not sharing your password with others and restricting access to your account and your computer; (e) promptly notify Yogurtland if you discover or otherwise suspect any security breaches relating to the Sites; and (f) take responsibility for all activities that occur under your account and accept all risks of unauthorized access.

Real Rewards members can opt-in for text/SMS messages from Yogurtland as a part of the loyalty registration process at yogurtland.com/register. By doing so, you expressly agree to receive automated promotional and personalized marketing text messages from Yogurtland, including by autodialed means, to the mobile phone number you provided when signing up. Messages may pertain to promotional programs, new menu items, etc. Messages for this program will be sent from a 10-digit long code and begin with ‘Yogurtland.’ Consent to receive automated marketing messages is not a condition of any purchase. Message frequency varies. Message and Data rates may apply.

You may opt-out of the text/SMS messaging program at any time. To opt-out, text the keyword STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our 10-digit long code to cancel. After texting STOP, END, CANCEL, UNSUBSCRIBE, or QUIT to our 10-digit long code, you will receive one additional message confirming that your request has been processed. For more information, text the keyword HELP to our 10-digit long code for customer care information. You can also contact us at [email protected], 949-265-8000 or yogurtland.com for additional assistance.

REAL REWARDS PROGRAM, POINTS AND REWARDS

By registering and participating in Yogurtland's Real Rewards program, you can accumulate Points that allow you to earn Real Rewards rewards at participating Yogurtland stores.

See below for redemption and expiration details.

Points may not be traded, sold or otherwise transferred to others or their accounts. Each purchase is tied to the Real Rewards account number provided to the cashier at the time of purchase, and only that account will earn Points from that purchase. Points may not be combined or earned with other discounts. All programs, promotions, and offers are subject to change by Yogurtland without notice other than by posting on one of the Sites. Unless otherwise required or prohibited by applicable law, Points have no cash value and may not be redeemed for cash.

Yearly Points are the total number of points you earn in a single year from January 1 - December 31 based on dollars spent. Yearly Points will indicate your current tier and the next year's tier. Yearly Points reset once a year on January 1st.

Core Points (points toward next reward) always reset at 100 and therefore does not necessarily match yearly points. Core points do not indicate tier status. Each time 100 Core Points are earned, a $5 Reward will be issued to your account.

Bonus Points are earned from promotions and special offers. Bonus points contribute toward core points and earning a $5 Reward after 100 core points are earned. However, bonus points DO NOT count toward Yearly Points and tier status.

Enrollment & Registration (They're not the same thing.)

Enrollment. On and after the Program's start date, you enroll automatically with your first purchase of Eligible Product using your Yogurtland Real Rewards Card. "Eligible Product" means any yogurt, topping or other food or beverage item sold at participating stores. You must use your Real Rewards Card or mobile app to enroll. With your enrollment in our Real Rewards program, you start earning Points for each Eligible Product that you purchase.

Tier levels are based on Yearly Points earned from purchasing Eligible Product. To maintain your current tier status, you must earn 200 Yearly Points for Premium Tier or 600 Yearly Points for Ultimate tier between January 1 and December 31 of that current year.

Registration. Registration includes providing us with certain information about you, so that we can keep track of your purchases and reward you. In completing your registration, follow the instruction below that fits your situation:

If you have a physical Real Rewards card with a unique number imprinted on it, you can follow the instructions on the promotional materials at our participating stores to register.
You can register for a digital Real Rewards card (a mobile app account) by downloading the Yogurtland mobile app and following the Real Rewards registration prompts.

Earning Points and Rewards — For every dollar spent on Eligible Product purchased under the participant's Real Rewards account at or after his or her enrollment (so long as enrollment is not more than 364 days prior to his or her registration date), the participant earns two Points. To make sure all of your purchases are counted, be sure to provide your physical or digital Card to the cashier at the time of purchase. If you forget to provide your Card, you may still be able to get Points for your purchase. To do so, you will need to submit the "Add Points" form located at yogurtland.com/realrewards WITHIN 30 DAYS OF YOUR PURCHASE. You will be required to provide us with your name, Real Rewards account number, the transaction number on your receipt, the date of purchase, the location of purchase, and the total amount spent (all except your name and account number will be printed on your receipt). We reserve the right to limit in our sole discretion the amount of Points you may be awarded using this procedure. You may also earn points from purchases using Yogurtland online ordering through the Yogurtland website or mobile app.

We measure and account for each of your purchases to the nearest dollar. See below for details. (Redemption of rewards for Eligible Product does not earn Points; only purchases of Eligible Product earn Points.)

Three Levels of Rewards — There are three different levels of rewards.

a. Signature Level -- Simply by registering with the Real Rewards program, you are admitted to the Signature Level. This entitles you to 50 Bonus Points right away – halfway through to your first $5 Reward.

Also, if your birthday occurs while you are in the Signature Level, you will receive a birthday reward. We will send you an email notifying you of your birthday reward and of the four-week period in which it may be redeemed. If not redeemed during that four-week period, the reward will automatically expire. See below for details.

While at the Signature Level, with every purchase of Eligible Product from participating stores during your first year of registration (or during any subsequent year of registration), you will be moving closer to reaching the Premium Level. All it takes is earning 200 Yearly Points by December 31 of each year.

b. Premium Level — After earning 200 total Points from Eligible Product purchases between January 1 to December 31 of the same year, you will achieve the Premium Level. Upon reaching the Premium Level, you will be qualified for Quarterly Bonus Points, a Birthday Reward Upgrade and a Half Birthday Reward.

Also, if your birthday occurs while you are in the Premium Level, you will receive a birthday reward. We will send you an email notifying you of your birthday reward and of the four-week period in which it may be redeemed. If not redeemed during that four-week period, the reward will automatically expire. See below for details. To make sure there's no misunderstanding, as a registered participant, you'll be eligible for only one birthday redemption per calendar year (not 2 or 3, even if you move through different levels in the same year).

c. Ultimate Level — After earning 600 total Points from Eligible Product purchases, you will achieve the Ultimate Level. Upon reaching the Ultimate Level, you will be qualified for Quarterly Bonus Points, a Birthday Reward Upgrade, a Half Birthday Reward, 2x Points every 2nd of the month and exclusive surprise offers throughout the year. Each time you receive a new reward, we'll send you an email to let you know that you have a new reward available to you.

Also, if your birthday occurs while you are in the Ultimate Level, you will receive a birthday reward. We will send you an email notifying you of your birthday reward and of the four-week period in which it may be redeemed. If not redeemed during that four-week period, the reward will automatically expire. See below for details. To make sure there's no misunderstanding, as a registered participant, you'll be eligible for only one birthday redemption per calendar year (not 2 or 3, even if you move through different levels in the same year).

Tracking Points and Maintaining Levels — Starting with your Enrollment Date, the program keeps track of your total Points from Eligible Product purchased through your Registration Date and on up to and including the day before December 31 of the same year. Once you reach the Premium Level, you will keep your Premium Level status through that particular year and continuing until December 31 of the immediately following year, unless in the mean time you move to the Ultimate Level.

EXAMPLE 1: A participant registered on July 1, 2021 and achieved Premium Level on September 30, 2021 by surpassing 200 yearly points.

If by the end of 2021 the guest does not reach 600 points:
- On January 1st, 2022, the lifetime visit wallet will be reset to zero and the guests will maintain Premium status until the end of 2022 with no further action required.
  - If the guests earns less than 200 points in 2022, they will be reset to Signature on January 1st, 2023
  - If the guests earns 200-599 points in 2022, they will be remain Premium through 2023
  - If the guest earns 600+ points in 2022, they will earn Ultimate on the purchase that surpassed 600 yearly points and remain Ultimate through 2023.
If this guest reaches 600 yearly points by the end of 2021, they will be upgraded to Ultimate on the purchase that surpassed 600 yearly points
- On January 1st, 2022, the lifetime visit wallet will be reset to zero and the guests will maintain Ultimate status until the end of 2022 with no further action required.
  - If the guests earns less than 200 points in 2022, they will be reset to Signature on January 1st, 2023
  - If the guests earns 200-599 points in 2022, they will be downgraded to Premium through 2023
  - If the guests earns 600+ points in 2022, they will remain Ultimate through 2023.

EXAMPLE 2: A participant registered on July 1, 2021 and earned less than 200 yearly points by the end of the year.

On January 1st, 2022, the lifetime visit wallet will be reset to zero and the guests will maintain Signature status.

All tier upgrades happen live as point thresholds are achieved. Tier downgrades where applicable only happen once a year on January 1st.

Expiration of Points — Core Points you have accumulated do not expire or disappear, except by conversion of points into Real Rewards rewards. Yearly Points reset once a year on January 1 but do not affect the balance of Core Points.

Refer a Friend Program

The Real Rewards "Refer a Friend" program allows our valued Real Rewards members to invite friends to join the Yogurtland loyalty program through a unique text or email link. When a referred friend successfully signs up for the Real Rewards program and makes a purchase of $5.00 or more before sales tax, the referring friend will receive a bonus of 50 points in their Real Rewards account.

When a Real Rewards member successfully refers a friend who subsequently signs up for the Real Rewards program and makes a purchase of $5.00 or more before sales tax, the referring friend will receive 50 bonus points. The following restrictions apply:

Maximum Number of Referrals per Year: Each Real Rewards member is limited to a maximum of 10 referrals in a single calendar year.
Maximum Number of Referrals per User (Lifetime Limit): Each Real Rewards member is limited to a lifetime maximum of 50 referrals.

By participating in the "Refer a Friend" program, you acknowledge and agree to abide by these terms and conditions. We reserve the right to modify or terminate this program at any time, and any changes will be communicated to our members through our official communication channels.

Any information that you provide to Yogurtland in connection with the Referral Program (for example, friend’s name, email address or other contact information) will be handled in accordance with Yogurtland’s Privacy Policy. You represent and warrant that you have all necessary rights and/or permission to share any information you provide to Yogurtland in connection with the Referral Program, and will only refer your family and friends with whom you have a personal relationship. If you do not have the necessary rights and/or permission, you must not share this information with Yogurtland.

Expiration of Rewards

Birthday Reward — Once registered, a participant will receive an email sometime on or before his or her birthday. The email will notify the participant of a (generally) four-week period when he or she may redeem the participant's birthday reward for that calendar year. If the reward is not redeemed within the specified period, it will automatically expire and be of no redemption, cash or other value. Points are not replaced in your Real Rewards account for expired rewards. Points are not replaced in your Real Rewards account for expired rewards.

Other Real Rewards Rewards — Most Real Rewards rewards expire automatically on the 28th day after being issued. A $5.00 reward is automatically issued to your account every time you earn 100 Points. Points are not replaced in your Real Rewards account for expired rewards. If you redeem your $5.00 reward and do not use the entire balance, the remaining balance will be available for use until the expiration date.

Other Things to Know — There are no membership fees associated with our Real Rewards program. You may have only one account, and only individuals may have an account. If we determine that a participant has violated any of the terms or conditions of the program or pertaining to the cards, then we may terminate that participant's membership and account, with or without notice. We may also terminate an account without notice in the event we determine that the account is being used without proper authorization, fraudulently, or in any way inappropriately or unlawfully. We also reserve the right to cancel, terminate, suspend, or modify the Real Rewards program at any time in our sole discretion and without notice.

Loading Dollar Value onto Your Yogurtland Real Rewards Card

In the United States, you can load U.S. dollar value onto the Real Rewards Card by using a credit card, debit card or cash at any participating store. You may not load more than U.S. $500-- worth of value onto your Card. The minimum dollar amount that may be loaded onto your Real Rewards Card may vary at participating Stores. In addition, Yogurtland may change the maximum and minimum amounts at participating Stores. All amounts loaded onto your Card are held and denominated in U.S. dollars.

Fees and Expiration of Card Balances

For Real Rewards Cards purchased at participating Stores, Yogurtland does not charge any fees for the issuance, activation or use. There is also no charge for digital cards purchased through the Yogurtland mobile App or online.

The paid-in monetary value of your Real Rewards Card has no expiration date.

Receipts and Statements

Cardholders are not sent statements of itemized transactions from a Real Rewards Card account or otherwise. You can check the balance of your Card or review recent transactions on your Card at yogurtland.com/realrewards. You will need to have your Card available in order to access your account. If requested by you, the account balance for a Real Rewards Card also will appear on your receipt from a point-of-sale register at a participating Store. When you use your 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 a Real Rewards Card. You should keep your receipts and check your online statement to ensure that your account balance is correct.

Errors and Corrections

We reserve the right to correct the balance of your Real Rewards Card account, if we believe that a clerical, billing, computing, or accounting error has occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been made against your Card, please email us at [email protected]. We will review the situation and correct any error that we verify. If no error was found, we will communicate an explanation. We shall have no liability for any clerical, billing, computing or accounting 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.

Registration, Liability for Unauthorized Transactions

Because your Real Rewards Card may be used like cash for purchases from participating Yogurtland, stores, you are responsible for all transactions involving your Card, including unauthorized transactions. However, if your Real Rewards Card is lost, stolen or destroyed, the Card can be replaced with the balance remaining on it at the time you contact us, but only if you have registered it with us. To register your Card, please visit us at yogurtland.com/realrewards. You are responsible to notify us immediately if any of your registration information changes.

If your Real Rewards Card becomes lost, stolen or damaged, you should email us immediately [email protected]. Your Card balance is only protected from the point in time you notify us that your Card is missing. We will freeze the remaining balance on your Card once you notify us and will load that remaining balance on a replacement Yogurtland Real Rewards Card.

Privacy Statement

For information concerning how we collect, use and disclose information concerning the Real Rewards Card and how to select privacy preferences regarding certain promotional communications, you should refer to our Privacy Statement or email us at [email protected] and ask us to mail you a copy.

Changes to this Agreement

We 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 Yogurtland Real Rewards Card, we will notify you of any change, addition or deletion by email. In addition, we will post the terms of the modified agreement on our website. 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 then state otherwise, the change, addition or deletion will apply to your then existing and any subsequent Yogurtland Real Rewards 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 Card after such notice period. If you do not accept the changes, additions or deletions, your Real Rewards Card will be cancelled and any amounts remaining on your Card will be refunded to you.

Cancellation of this Agreement

We 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. Termination may result from your fraudulent or unauthorized use of the Real Rewards Card. If we terminate this agreement without cause, we will refund or issue store credits equal to the balance held in your Card account less any amounts that you may owe us.

Binding Arbitration

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 final and binding and subject to only very limited review by a court. This arbitration clause shall survive termination of this agreement.

This provision is to be construed broadly to cover all disputes or claims arising out of our relationship. Any dispute or claim made by you against us (or against any of our subsidiary, parent or affiliate companies or owners) arising out of or relating to this agreement or your use of any Yogurtland Real Rewards Card or other Yogurtland gift card (whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory) will be resolved by binding arbitration except that (a) you may take claims to small claims court if they qualify for hearing by such a court, or (b) you or we may choose to pursue claims in court if the claims relate solely to the collection of any debts you owe to us. However, for any and all claims, even for those claims that may be taken to court, you and we both waive any claims for punitive or exemplary damages and any right to pursue claims on a class or representative basis.

Arbitration Procedures

You must first present any claim or dispute to us by contacting our Customer Service department to allow us a reasonable opportunity to resolve the dispute. You may request arbitration if your claim or dispute is not resolved within 60 days. The arbitration of any dispute or claim shall be conducted in accordance with the American Arbitration Association ("AAA") Rules as modified by this agreement. The AAA Rules and information about arbitration and fees are available upon request from the AAA (call 1-800-778-7879) or online at adr.org. You and we agree that this agreement 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. Unless you and we agree otherwise in writing, any arbitration will take place in Orange County, California, and will be conducted in the English language. No arbitrator may award relief in excess of or contrary to what this agreement provides, order consolidation or arbitration on a class wide or representative basis, or award punitive or exemplary damages or any other damages aside from the prevailing party's actual damages, except that the arbitrator may award on an individual basis (and not on any class or group basis) damages required by statute and may order injunctive or declaratory relief pursuant to an applicable consumer protection statute. Each 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. If any portion of this arbitration clause is determined by a court to be inapplicable or invalid, then the remainder shall still be given full force and effect.

Costs of Arbitration

All administrative fees and expenses of an arbitration will be divided equally between you and us, except that for claims of less than $1,000, you will be obligated to pay $25 and we will pay all other administrative costs and fees. In all arbitrations, each party will bear the expense of its own counsel, experts, witnesses, and preparation and presentation of evidence at the arbitration.

Waiver of Punitive and Exemplary Damage Claims and Class Actions

By this Agreement, both you and we are waiving certain rights to litigate disputes in court. If for any reason this arbitration clause is deemed inapplicable or invalid, you and we 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 or consolidated basis or in a representative capacity.

Governing Law — California

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

Disclaimers and Limits of Liability

Yogurtland and its affiliates make no representations, warranties or conditions of any kind, express or implied, with respect to the Yogurtland Real Rewards 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. Yogurtland does not represent or warrant that your Real Rewards Card will always be accessible or accepted.

In the event that Yogurtland 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 Yogurtland Real Rewards Card. Yogurtland 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 your or any other person's ownership, possession, use, attempted use, condition, loss or destruction of any Real Rewards Card or 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 Yogurtland or its affiliates have any liability for unauthorized access to, or alteration, theft or destruction of a Real Rewards 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 may 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 applicable law.

Assignment

Acting in good faith, we may assign all or part of this agreement without such assignment being considered a change to this 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 had immediately prior to such assignment and shall agree in writing to be bound by the terms and conditions of this agreement.

Entire Agreement, Construction

All of the terms and conditions of Yogurtland's Loyalty/Gift Card, Mobile App & Website General Terms and Conditions (found on our website) are incorporated into this agreement.

This agreement together with the other terms referred to in this agreement is the complete and exclusive statement of agreement between you and Yogurtland Franchising, Inc., 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 in this agreement are for convenience of reference only and shall in no way affect interpretation of this agreement.

Questions

If you have any questions regarding this agreement or your Yogurtland Real Rewards Card, please visit our web site at yogurtland.com/realrewards.

This page was last updated Jan 2024