TWISTED BY WETZEL’S TERMS & CONDITIONS
WETZEL’S PRETZELS WEBSITES AND APP
We reserve the right to withdraw or amend our Websites and App, and any service or Content (defined below) we provide on the Websites and App, in our sole discretion without notice. You agree that we cannot be held liable if, for any reason, all or any part of the Websites and App is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Websites and App, or the entire Websites and App, to users, including registered users. We also reserve the right to impose limits on certain features and services on the Websites and App.
Certain features or services offered on or through Websites and App may require you to complete a registration process and/or set up an account or login. It is a condition of your use of such features or services that you agree to (1) create only one account, (2) provide true, accurate, current, and complete information about you, and (3) maintain and promptly update your information to keep it true, accurate, current, and complete. If you submit any information that is inaccurate or incomplete, or if Wetzel’s Pretzels has a reasonable belief that such is the case, we may immediately suspend or terminate your account and your use of the Online Services. You are entirely responsible for maintaining the confidentiality of the information you hold for your login, including your password and for all activity occurring under your account. You also acknowledge that your account is personal to you and agree not to provide any other person with access to the Websites and App or portions of either using your username, password, or other security information. You agree to notify Twisted by Wetzel’s immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Twisted by Wetzel’s or any other Websites and App user or visitor due to someone else using your login because of your failing to keep your login information secure and confidential. You may not use anyone else’s account or login information. Twisted by Wetzel’s shall not be liable for any loss or damage arising from your failure to comply with these obligations.
WETZEL’S REWARDS PROGRAM
Twisted by Wetzel’s offers the Wetzel’s Rewards Program (the "Rewards Program") to reward and thank our loyal location customers. The Rewards Program is available to enrolled members at participating Wetzel’s Pretzels in the United States. Rewards accumulated under the Rewards Program are promotional and may not be exchanged for cash. There are no membership fees associated with the Rewards Program.
Eligibility: You may enroll in the Rewards Program if you: (1) are a legal resident of the United States; (2) at least 16 years of age at the time you enroll; (3) have an active, valid email address; and (4) are a human being (i.e., a natural person). No corporations, partnerships, limited liability companies, or other legal entities can participate in the Rewards Program.
Enrollment/Rewards Account: You can enroll in the Rewards Program and create a Rewards account (“Rewards Account”) in one of the following ways:
Create an account through the App
Visit the Website: www.Order.Wetzels.com; or
Your Rewards Account is personal and exclusive to you. It may not be sold, transferred, assigned to, or shared with family, friends, or others. You may have only one (1) authorized Rewards Account.
As a part of the Rewards Program, Twisted by Wetzel’s will send you transactional, informational, and promotional messages and/or offers. These communications may happen in the form of push notifications through the App, email, and/or any other ways you may have selected when you enrolled in the Rewards Program. If your contact information changes, or if you wish to change your contact information or the method by which we send you messages, please log into your Rewards Account and update your contact information or preferences.
Rewards: You will earn and receive Points (as defined below) toward Rewards (as defined below) as follows:
Qualifying Purchases: Members will earn and receive Wetzel’s Pretzels redeemable points toward Rewards (“Points”) by making qualifying purchases at participating Wetzel’s Pretzels locations and scanning the QR code in the App at the cashier during an in-location purchase, scanning the barcode on the receipt from your purchase with the built-in scanner in the App, completing a purchase online while being signed in to your Wetzel’s Rewards account, or inputting the barcode number located at the bottom of your receipt within 24 hours of your purchase. For each purchase made in accordance with the foregoing, you will earn one (1) Point for every dollar spent pre-tax; provided that you will not earn Points if you spend less than a total of $1.00 in one transaction. Further, you may only earn Points twice per 24-hour period, meaning that you will only be eligible to receive points for two transactions, regardless of the number of transactions you make during any single visit or multiple visits within such 24-hour period.
You can track your Points and by logging into your Rewards Account History or by accessing the Rewards Page on the App.
Referral Bonuses: You can receive a 10 Point offer for every friend you refer who joins our Rewards Program. Your referral Points will not be awarded until the referred individual enrolls in the Rewards Program using your invite code and makes their first qualifying purchase under the Rewards Program.
Rewards: By accumulating points in your Rewards Account, you may have the opportunity to redeem them for certain menu item rewards at participating Wetzel’s Pretzels locations (a “Reward”). The Reward will be valid based on the date listed on the reward. Once you earn a Reward, you may start accumulating points towards another Reward. You may only redeem one Reward per transaction, regardless of the number of Rewards you have earned in your Rewards Account. A Reward may not be combined with any other discount, offer or coupon. Points expire after one year from the Points being awarded to your Rewards Account, and rewards expire based on the date listed on the offer.
Twisted by Wetzel’s has the right at any time, with or without giving you prior notice, to:
end or cancel the Rewards Program and/or any specific Reward;
change any Reward or other Rewards Program benefit we offer;
change the requirements for earning a particular Reward, including Points needed to redeem a Reward;
change the time you have in which to earn a particular Reward; and/or change any other feature of the Rewards Program.
If we end the Rewards Program, Rewards you have earned but not used will expire on the end date. You may not redeem any Rewards or use any credits after the end date.
INTELLECTUAL PROPERTY RIGHTS
Our Online Services, including its software, features, functionality, design, selection and arrangement and their entire contents, information, text, displays, Trademarks (defined below), materials, images, video and audio displayed, contained or made available therein (collectively “Content”), are owned by Twisted by Wetzel’s, its licensors, or other providers and are protected by United States and international copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
You must not:
Use any illustrations, photographs, video, or audio sequences or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
You must not access or use for any commercial purposes any part of the Online Services or any Content available therein.
In any way that violates any applicable federal, state, local or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
For the purpose of exploiting, defaming, harming, harassing or attempting to exploit or harm anyone, including minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material without our prior written consent, including any "junk mail", "chain letter" or "spam", or any other similar solicitation.
To impersonate or attempt to impersonate Twisted by Wetzel’s, a Twisted by Wetzel’s employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of these services, or which, as determined by us, may harm Twisted by Wetzel’s, its users or expose them to liability.
To Infringe another party’s intellectual property rights, including failing to obtain permission to upload/transfer/display works of authorship.
Additionally, you agree not to:
Reverse engineer or make machine code human readable of the Online Service
Use the Online Services in any manner that could disable, overburden, damage, or impair them or interfere with any other party's use therein.
Use any robot, spider or other automatic device, process or means to access our Online Services for any purpose, including monitoring or copying any of the Content therein.
Use any manual process to monitor or copy any of the material our Online Services or for any other unauthorized purpose without our prior written consent.
Frame or mirror the Online Services. Create, benchmark, or gathering intelligence for a competitive offering.
Use any device, software or routine that interferes with the proper working or security of our Online Services.
Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Online Services.
Otherwise attempt to interfere with the proper working or security of our Online Services, including intercepting or expropriating data.
We may at any time terminate, change, suspend, add to, or discontinue any aspect of the Online Services, or your right to use them, including your account, and any Content, without notice or liability to you.
SUBMITTED MATERIALS; USER GENERATED CONTENT
This section applies to everyone who interacts with our social media presence. You are therefore viewing this page because you either linked from the social media features on our online and mobile resources (“Internal Social Media Features”) or from comment sections, feeds, and other elements of social media presence viewable on Facebook, Instagram, TikTok, Twitter, YouTube, LinkedIn, or any of the many other available external third party social media platforms we may utilize (“External Social Media Presence”).
LINKS TO THIRD PARTY SITES
If the Online Services contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. The fact that we provide such links does not mean that we endorse, authorize, or sponsor that website or offering or that we are affiliated with the third party owners or sponsors. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Online Services, you do so entirely at your own risk and subject to the terms and conditions of use for such websites or offerings, including their privacy statements. You should, therefore, carefully review the privacy statements and other terms and conditions of use and sale related to any such links.
LINKS TO THE ONLINE SERVICES
In general, we do not object to links to the Online Services from third-party sites including social media. If you link to our Online Service, we: (a) reserve the right to object to and delete (or require deletion of) such link at any time, for any reason; and (b) require that you abide by the following rules:
You may not present the link to our Online Services in any manner that suggests we have any relationship or affiliation with your site or endorse, sponsor, or recommend the information, products, services, or content on your site unless we expressly agree to your doing so in writing;
We reserve the right to object to any link which uses Trademarks; and
Your link to our Online Services may not in-line, frame, or otherwise incorporate Content unless we grant its express permission in writing.
Links from obscene, scandalous, profane, defamatory, or unlawful sources, or any site that may adversely affect the name, reputation, or goodwill of Wetzel’s Pretzels and its products or services are prohibited. In addition, the use of Trademarks or other words or codes identifying Wetzel’s Pretzels or its products or services in any “metatag” or other information used by search engines or other information location tools is strictly prohibited unless we grant express permission in writing.
DISCLAIMER OF WARRANTIES
You are responsible for implementing procedures for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Online Services for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF- SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, MOBILE DEVICE EQUIPMENT, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE ONLINE SERVICES, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM OR TO YOUR DOWNLOADING OF ANY CONTENT POSTED ON THEM, OR ON ANY WEBSITE LINKED TO THEM.
YOUR USE OF THE ONLINE SERVICES, THEIR CONTENTS, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THEM IS AT YOUR OWN RISK. THE ONLINE SERVICES AND THEIR CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER TWISTED BY WETZEL’S NOR ANY PERSON ASSOCIATED WITH TWISTED BY WETZEL’S MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE ONLINE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER TWISTED BY WETZEL’S NOR TWISTED BY WETZEL’S INDEMNITEES REPRESENTS OR WARRANTS THAT THE ONLINE SERVICES, THEIR CONTENTS, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THEM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE ONLINE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TWISTED BY WETZEL’S HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. IF YOU ARE DISSATISFIED YOUR SOLE REMEDY IS TO DISCONTINUE USE OF THE ONLINE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
LIMITATIONS OF LIABILITY
IN NO EVENT WILL TWISTED BY WETZEL’S OR TWISTED BY WETZEL’S INDEMNITEES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, PRODUCT LIABILITY, STATUTORY VIOLATIONS OR OTHERWISE, EVEN IF FORESEEABLE, ARISING OUT OF OR IN CONNECTION WITH (A) YOUR USE, OR INABILITY TO USE, THE ONLINE SERVICES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON THE ONELINE SERVICES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE ONLINE SERVICES, (B) ANY LOSS OR DAMAGE CAUSED BY ANY RELIANCE ON, OR ANY DELAYS, INACCURACIES, ERRORS OR OMISSIONS IN, ANY CONTENT ACCESSED ON OR THROUGH THE ONLINE SERVICES, (C) ANY TRANSACTION ENTERED INTO THROUGH OR FROM THE ONLINE SERVICES, (D) YOUR INABILITY TO USE THE ONLINE SERVICES FOR WHATEVER REASON, INCLUDING, BUT NOT LIMITED TO, COMMUNICATIONS FAILURE OR ANY OTHER FAILURE WITH TRANSMISSION OR DELIVERY OF ANY CONTENT ACCESSED ON OR THOUGH THE ONLINE SERVICES, (E) THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, LOSS, OR FAILURE TO STORE ANY INFORMATION, (F) THE USE OF ANY PRODUCTS OR SERVICES OBTAINED ON OR THROUGH THE ONLINE SERVICES, (G) UNAUTHORIZED ACCESS TO THE ONLINE SERVICES AND UNAUTHORIZED ALTERATION TO TRANSMISSIONS OR DATA, (H) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE ONLINE SERVIES, OR (I) ANY OTHER MATTER RELATING TO THE ONLINE SERVICES OR THESE TERMS OF SERVICE.
If you sign up for a Wetzel’s Pretzels Rewards account using the App, you will be, by default, opted in to receive promotional email communications from Twisted by Wetzel’s (“Email Communications”). You may, at the time of sign up, opt out of receiving Email Communications, or opt out later by adjusting your profile settings. Similarly, upon download of the App, you are provided the option to opt in to receive push notifications from Twisted by Wetzel’s on your mobile device. This may include promotional communications, offers, and system messages pushed to the mobile device or within the App mailbox (“Push Notifications”). You may, at any time following download of this App, opt out of receiving Push Notifications by adjusting the “Wetzel’s Notifications” switch within the App settings to “off”, or within the mobile device’s settings application under “Notifications” to completely opt out of Push Notifications. Opting out of Push Notifications will not affect your settings with respect to Email Communications.
Finally, by using this App, in-app messages will automatically be displayed to you via the App’s display tiles and/or sent to you via the App’s inbox, including promotional communications and offers. If you do not wish to see or receive such messages, you must cease use of the App.
COMPLIANCE WITH LAWS
No matter where you use the Online Services or Content from, you also must comply with all laws applicable to such use, including U.S. export control laws that prohibit access from certain embargoed, prohibited, or restricted countries or access by prohibited, denied, and specially designated persons.
If the U.S. government (including the Department of Defense) wants to access the Online Services, your account, or our Content through you, the Online Services and Content will be considered “commercial computer software”, “commercial computer software documentation” and “restricted data” under “Limited Rights” and “Restricted Rights” and only as commercial end items under the same rights granted to other general users.
ALTHOUGH ARBITRATION PROCEDURES ARE DIFFERENT FROM COURT PROCEDURES, SUCH AS THERE IS NO JUDGE OR JURY IN ARBITRATION AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED, AN ARBITRATOR, HOWEVER, CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT, INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES, AND JUDGMENT ON THAT AWARD MAY BE ENTERED AND ENFORCED IN ANY COURT OF COMPETENT JURISDICTION.
We each agree to bring any dispute in arbitration on an individual basis only, and not on a class, consolidated, representative, or collective action basis (“Class Action Waiver”). Further, unless both you and us agree otherwise, the arbitrator may not consolidate more than one person’s claims/causes of action and may not otherwise preside over any form of a representative or class proceeding. If for any reason the Class Action Waiver set forth above cannot be enforced as to some or all of the claim/cause of action or dispute, then the agreement to arbitrate will not apply to that claim/cause of action or dispute or portion thereof. Any claim/cause of action or dispute covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. For the avoidance of doubt, the parties do not agree to class arbitration or to the arbitration of any claims/cause of action brought on behalf of others. If for any reason a claim/causes of action proceeds in court rather than in arbitration, we each waive any right to a jury trial or to participate in a class action against the other. In addition, we both agree that we each may bring suit in court to enjoin infringement or other misuse of intellectual property rights.
Regardless of notice, no arbitration may be commenced if barred by the statute of limitations applicable to the claim/cause of action or dispute. The arbitrators shall have no power to award punitive damages or any other damages not measured by the prevailing party’s actual damages or damages in excess of the limitations set forth in Section titled “Limitations of Liability”. Even if other portions of these arbitration provisions are held to be invalid or unenforceable, the arbitrators shall not have the power award or impose any remedy that could not be made or imposed by a court sitting in the jurisdiction and venue agreed to by the parties and deciding the matter in accordance with the governing law agreed to by the parties. All aspects of the arbitration including the result shall be treated as confidential and shall not be disclosed unless required by legal, audit, or regulatory requirements. The amount of any settlement offer made by either party prior to arbitration cannot be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. The arbitration proceedings are hereby declared to be self-executing, and it shall not be necessary to petition a court to compel arbitration. The award of the arbitrators shall be binding and judgment upon the award rendered by the arbitrators may be entered in any court having jurisdiction.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR TWISTED BY WETZEL’S WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.
NOTICE TO CALIFORNIA RESIDENTS
Under California Civil Code Section 1789.3, California users of an electronic commercial service are entitled to the following specific consumer rights information: The provider of these Online Services is Twisted by Wetzel’s, 35 Hugus Alley, Suite #300, Pasadena, CA 91103, (888)-887-2108. Twisted by Wetzel’s does not charge you for using their Online Services. However, message and data rates may apply to any if you use your mobile device. To file a complaint regarding our Online Services, send a letter to the above address or contact Twisted by Wetzel’s via e-mail (with “California Resident Request” as the Subject Line) at firstname.lastname@example.org. In addition, 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 N112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
You many not assign your rights or obligations hereunder. All or any of Twisted by Wetzel’s rights and obligations hereunder may be assigned to a subsequent owner or operator of these Online Services in a merger, acquisition, or sale of all or substantially all of Twisted by Wetzel’s assets.
WAIVER AND SEVERABILITY