Real Rewards Terms
Yogurtland® Real Rewards™ Program
We'd like to give you more of our delicious Yogurtland® frozen yogurt! To start earning Real Rewards™ Points now, you may use any Yogurtland REAL Rewards™ Card (either in physical version or our digital version available through the Yogurtland mobile app). Once registered with us, you will get rewarded for Points earned.
Here's how the Yogurtland Real Rewards™ Program works: You earn Points by using your Real Rewards™ card when purchasing our delicious yogurt. (When we use the term "Card" in this program description, we mean both physical and digital cards.) It's simple, when you buy our yogurt, we'll reward you with Yogurtland Real Rewards™ Points. After reaching our Raspberry tier, each time you reach 36 Points, those 36 Points are automatically converted to a reward for FREE YOGURT!
You will start on our Green Level. You can move up to our Raspberry Level and then all the way to the Platinum Level. The higher you go, the bigger the 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 Yogurtland Real Rewards™ Card. The date of that purchase is the Enrollment Date for your Real Rewards™ account. With enrollment you start earning Points, but your account must be registered to turn those Points into rewards for free yogurt. To register your Yogurtland Real Rewards™ account, visit yogurt-land.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 3 ounces of FREE yogurt AND then for another 3 ounces of FREE yogurt as your birthday treat! Keep earning Points by using your registered Yogurtland Real Rewards™ Card at participating Yogurtland stores. For every dollar you spend, your Real Rewards™ account will earn 2 Points. We measure and account for your purchases to the nearest one-tenth of an ounce. As you accumulate Points, you earn bigger benefits. There are three reward levels: Green, Raspberry, and Platinum.
We keep track of your Points for each year you participate. Your first year starts on the day you register ("your Registration Date"), and on that date we count all the Points you've accumulated in the year preceding your Registration Date as if you earned them on your Registration Date. That way you can have a running start to get to the next level.
By earning 60 Points within one year of your Registration Date you move up from Green Level to Raspberry Level. After earning 60 Points in one year of registration, you qualify to receive 3 FREE ounces of yogurt for every 36 ounces you next purchase, AND you qualify for a FREE 5-ounce birthday treat!
After earning 240 Points within one year of your Registration Date you move up from Raspberry Level to Platinum Level. That qualifies you for 4 FREE ounces of yogurt for every 36 ounces you next purchase, AND you then qualify for a FREE 16-ounce birthday treat!
"Unlimited Cup" Bonus! Collect 520 Points within one year of your Registration Date, and you'll receive a reward for an Unlimited Cup: our 16-ounce cup filled to your creative max.
Other Terms and Conditions
When you are at the Raspberry or Platinum Level, Points are accumulated, and each complete set of 36 Points is automatically converted to one reward for FREE YOGURT. The reward is automatically loaded onto your Card. Rewards may be redeemed at participating Yogurtland stores only and only for yogurt and toppings sold by weight. For a current list of participating Stores, please visit our website at yogurt-land.com/realrewards. EACH BIRTHDAY REWARD MUST BE USED WITHIN THE specific FOUR-WEEK PERIOD PROVIDED TO PARTICIPANT BY EMAIL, or it will automatically expire and be of no value. ANY OTHER REWARD MUST BE USED WITHIN ITS SPECIFIED 28-DAY 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 yogurt-land.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 yogurt-land.com/realrewards.
Questions? You may contact us at our website above.
© 2019 Yogurtland Franchising, Inc. All rights reserved.
Yogurtland® and Real Rewards™ are trademarks of Yogurtland Franchising, Inc.
YOGURTLAND® REAL Rewards™ CARD/GIFT CARD AND MOBILE APP AGREEMENT -- TERMS AND CONDITIONSThe following Yogurtland Real Rewards™ Card/Gift Card and Mobile App Agreement describes the terms and conditions that apply to Yogurtland Real Rewards™ Cards (sometimes referred to below as a "Real Rewards™ Card", the "Card" or "your Card," and refers to both physical Cards and digital Cards (one of which digital cards is provided to you when you register 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, 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 free yogurt 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 yogurt-land.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. For a current list of participating stores, please visit our website at yogurt-land.com/realrewards. 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™ 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 for FREE YOGURT at participating Yogurtland stores. Real Rewards™ rewards for FREE YOGURT may only be redeemed at participating Yogurtland stores, and only for yogurt and toppings sold by weight. A Real Rewards™ reward may be redeemed together with other Real Rewards™ rewards, but it may not be redeemed with other offers and may not be redeemed in part.
- For example, two 3-ounce rewards may be used together and redeemed for six ounces of FREE YOGURT.
- For another example, a participant may not use a 3-ounce reward to purchase yogurt for an offer to "Buy 3 (ounces) and receive 2 (ounces) Free" or similar offer.
- For a third example, a participant who redeems a 3-ounce reward and only takes two ounces of yogurt does not receive any cash, credit or reward as change for the ounce of yogurt not claimed.
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.
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 or topping sold at participating stores that is sold by weight. 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.
Your "first year of registration" starts automatically on the same day you register for an account. That's an important date for you, because all of the reward levels are based on Eligible Product you purchase from your enrollment date up to your Registration Date (not to exceed 364 days) and for the next 364 days after your Registration Date (or the next 365 days when there's a February 29th to account for).
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.
- If you already have a mobile app account with Yogurtland with username and password from our Flavor Quest or Looney Toons promotions, you can go to the MY CARD section of the Register page in the App and then follow the prompts to register.
Earning Points and Rewards — For every ounce of 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 one Point. 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 yogurt-land.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 number of ounces purchased (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.
We measure and account for each of your purchases to the nearest one-tenth of an ounce. Upon reaching the Point counts for specified rewards, your Points are will automatically be converted to rewards for FREE YOGURT! See below for details. (Redemption of Points 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. Green Level -- Simply by registering with the Real Rewards™ program, you are admitted to the Green Level. This entitles you to 3 free ounces of our delicious yogurt and toppings right away.
Also, if your birthday occurs while you are in the Green Level, we will reward you with a reward for 3 free ounces of delicious Yogurtland yogurt! To do this, 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 Green 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 Raspberry Level. All it takes is 60 ounces!
b. Raspberry Level — After purchasing 60 ounces of Eligible Product from participating stores between your enrollment and the end of your first year of registration (or after purchasing 60 ounces during any subsequent year of registration), you will achieve the Raspberry Level. Upon reaching the Raspberry Level, we reward you by adding 12 points to your Real Rewards™ account balance. Those 12 points plus the 60 Points accumulated to get to Raspberry will equal 72 Points.
After achieving the Raspberry Level, a participant is entitled to 3 free ounces of our yogurt for every 36 ounces of Eligible Product purchased during the remainder of that year of registration and the following year of registration. Each time you reach the 36 points, we'll send you an email to let you know that you have a new reward available to you.
Also, when you've reached the Raspberry Level we will reward you with a reward for 5 free ounces of yogurt for your birthday. To do this, 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. Platinum Level — After purchasing 240 ounces of Eligible Product from participating stores during your first year of registration (or any subsequent year of registration), a participant achieves the Platinum Level. After a participant achieves the Platinum Level, the participant is entitled to 4 free ounces of our yogurt for every 36 ounces of Eligible Product purchased during the remainder of that year of registration and the following year of registration. Each time you reach the 36 points, we'll send you an email to let you know that you have a new reward available to you.
In addition, when you've reached the Platinum Level we will reward you with 16 free ounces of Eligible Product for your birthday. To do this, 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).
"Unlimited Cup" Bonus Reward — By purchasing 520 ounces of Eligible Product from participating stores between your Enrollment Date and the end of your first year of registration (or after purchasing 60 ounces during any subsequent year of registration), you will receive a reward for a 16-ounce Yogurtland cup to load up with as much FREE YOGURT as you are able in one attempt. This reward will expire automatically on the twenty-eighth (28th) day after being issued. See below for details on expirations.
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 the first anniversary of your Registration Date. As mentioned above, the period of time between your Enrollment Date and the day before the first anniversary of your Registration Date is referred to as your "first year of registration." Each subsequent year, is referred to as a "year of registration." Once you reach the Raspberry Level, you will keep your Raspberry Level status through that particular year of registration and continuing until the last day of the immediately following year of registration, unless in the mean time you move to the Platinum Level.
- For example, a participant who registered on July 1, 2015, and achieved Raspberry Level on September 30, 2015, would stay at the Raspberry Level through the participant's first year of registration (July 1, 2015, to June 30, 2016) and on until the last day of the participant's second year of registration, which would be June 30, 2017. If that same participant purchased 60 ounces of Eligible Product during his or her second year of registration (July 1, 2016, to June 30, 2017), the participant's Raspberry Level status would be extended to June 30, 2018.
- For another example, a participant who registered on July 1, 2015, and achieved Raspberry Level on September 30, 2015, but then purchased only 50 ounces of Eligible Product during his or her second year of registration (ending June 30, 2017), would move down to the Green Level for his or her third year of registration (July 1, 2017, to June 30, 2018).
- For a third example, a participant who registered on July 1, 2015, and achieved Raspberry Level on September 30, 2015, and achieved Platinum Level on March 31, 2016, would stay at Platinum until June 30, 2017 (the last day of the participant's second year of registration). And, if that participant purchased 240 ounces of Eligible Product between July 1, 2016, and June 30, 2017, then he or she would be at the Platinum Level for his or her third year of registration (July 1, 2017, to June 30, 2018). If that participant purchased fewer than 240 Points but at least 60 Points of Eligible Product and between July 1, 2016, and June 30, 2017, then he or she would stay at the Raspberry Level status for his or her third year of registration (July 1, 2017, to June 30, 2018). But, if that participant purchased fewer than 60 Points of Eligible Product between July 1, 2016, and June 30, 2017, then he or she would move down to the Green Level status for his or her third year of registration (July 1, 2017, to June 30, 2018).
Expiration of Points — Keep in mind that the points you have accumulated do not expire or disappear, except by conversion of points into Real Rewards™ rewards.
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 — Except for birthday rewards as described above, Real Rewards™ rewards expire automatically on the 28th day after being issued. Once you reach the Raspberry Level, Real Rewards™ rewards are automatically issued to your account every time your reach 36 Points. Points are not replaced in your Real Rewards™ account for expired rewards.
- For example, if a participant's account has 33 Points and the participant purchases 8 ounces of Eligible Product from a participating store, then the participant's account will have 41 Points (33 existing plus 8 new Points) for just a moment, because the Real Rewards™ Program will automatically issue a Real Rewards™ reward for Free Yogurt. That reward will use up 36 of those 41 Points, so 5 Points will remain in the participant's account. That reward will be in electronic form only, except that the participant's receipt from the 8-ounce purchase will also notify the participant of the reward. Each reward must be redeemed on or before the 28th day after it is earned, or it will expire and be of no value.
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 yogurt-land.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 yogurt-land.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.
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.
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.
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.
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.
If you have any questions regarding this agreement or your Yogurtland Real Rewards™ Card, please visit our web site at yogurt-land.com/realrewards.
© 2019 Yogurtland Franchising, Inc. All rights reserved.
Yogurtland® and Real Rewards™ are trademarks of Yogurtland Franchising, Inc.