Wetzel’s Pretzels Terms & Conditions

These terms of use are a legal and binding agreement between the individual user accessing and using the Online Services (as defined below) (“you” or “your”) and WETZEL’S PRETZELS, LLC (“Wetzel’s Pretzels, LLC”, “Wetzel’s Pretzels”, “Twisted by Wetzel’s”, “we”, or “us”). The following terms and conditions, together with any documents and/or terms that they expressly operate by reference, (“Terms of Use”) govern your access to and use of the Wetzel’s Pretzels websites (“Websites”), Wetzel’s Pretzels application (“App”), the Rewards Program (as defined below), and other online programs (collectively, “Online Services”).

By accessing or using any of the Online Services, you accept and agree to be bound and abide by these Terms of Use including our Privacy Policy, found at https://www.wetzels.com/privacy-policy and incorporated herein by reference. If you don’t agree, please do not use any of the Online Services. THESE TERMS OF USE INCLUDE A CLASS ACTION WAIVER AND REQUIRE BINDING ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES. DETAILS ARE SET FORTH BELOW.

These Terms of Use apply to all users of the Online Services at all times until we supersede and replace them. We may revise and update these Terms of Use or any other policies related to the use of our Online Services in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of these Online Services thereafter.

Your continued use of our Online Services following the posting of revised Terms of Use means that you accept and agree to the changes. Please check periodically for changes.

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 Wetzel’s Pretzels, LLC immediately of any unauthorized use of your login, or any other breach of security. You may be held liable for losses incurred by Wetzel’s Pretzels, LLC 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. Wetzel’s Pretzels, LLC shall not be liable for any loss or damage arising from your failure to comply with these obligations.

We have the right to disable any account, username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of the Terms of Use.

Wetzel’s Pretzels, LLC 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, Wetzel’s Pretzels, LLC 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.

Additional Rewards Program Terms: Wetzel’s Pretzels, LLC has the right to terminate your Rewards Account and/or your participation in the Rewards Program for any reason or no reason, including if we determine that you have violated these Terms of Use or that the use of your account is unauthorized, deceptive, fraudulent, or otherwise unlawful. We have the right to “unregister” and make ineligible for the Rewards Program any Rewards Account that has been inactive for one year. Inactive is defined as no Rewards earned.

Wetzel’s Pretzels, LLC 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.

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 Wetzel’s Pretzels, LLC, 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.

The logos, names, and other similar marks (collectively, the “Trademarks”) displayed on the Online Services are registered and unregistered Trademarks of Wetzel’s Pretzels, our licensors and other providers and may not be used unless authorized by the applicable Trademark owner. The print-outs and copies you are permitted to make under this Section may have Trademarks on them and you may make incidental, non-commercial use of them to the same extent as those printouts and copies. Except for such incidental use, nothing contained on the Online Services or in these Terms of Use or the Privacy Policy (defined below) should be construed as granting you any license or other right to use any Trademark displayed.

Subject to your compliance with these Terms of Use, Wetzel’s Pretzels grants you a non-exclusive, non-transferable, limited, and revocable right to access and use the Online Services for your personal, non-commercial use only. You also may print out and make copies of the Content in connection with that personal, non-commercial use. You may not copy, reproduce, distribute, modify, create derivative works of, display, perform, license, sell, exploit, republish, download, store or transmit the Online Services and Content except to the extent expressly permitted to do so by these Terms of Use. Wetzel’s Pretzels Online Services, including accessing the Rewards Program, should not be done while driving.

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.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Online Services or Content in breach of the Terms of Use, your right to use and access our Online Services will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. Wetzel’s Pretzels, LLC may prohibit access, use, conduct, or communications that we, in our sole discretion, deem to be harmful to the Online Services, the Content, users, us, our brand, or any other person or entity, or that violates these Terms of Use and/or applicable law or regulation. No right, title, or interest in or to the Online Services or any Content on them is transferred to you, and all rights not expressly granted are reserved by Wetzel’s Pretzels, LLC. Any use of the Online Services not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

You may use our Online Services only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Online Services:

• 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 send, knowingly receive, upload, download, use, or re-use any material which does not comply with the content standards set out in these Terms of Use.

• 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 Wetzel’s Pretzels, LLC, a Wetzel’s Pretzels, LLC 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 Wetzel’s Pretzels, LLC, 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.

All information, ideas, suggestions, concepts, or other materials submitted by you voluntarily or at our request, such as questions sent to us via the “Contact” link or user generated content on our Internal Social Media Features (defined below) or External Social Media Presence (defined below) (collectively, “Submitted Materials”) may be used by us in any lawful manner, provided that personal information portions of Submitted Materials will only be used as described in our Privacy Policy. By providing Submitted Materials you: (a) represent and warrant that you own or otherwise have all necessary rights to do so and that the Submitted Materials comply with all applicable laws; and (b) grant to us a royalty-free, worldwide, perpetual, irrevocable, non-exclusive, and fully transferable, assignable, and sublicensable right and license to copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, make, sell, export, and otherwise use such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We cannot be responsible for maintaining any Submitted Materials that you provide to us; therefore, you should retain copies of all such data and information in your own records.

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”).

Social media platforms are places of public information exchange, and you should have no expectation of privacy when using them. Specifically, neither these Terms of Use nor our Privacy Policy apply to our External Social Media Presence. The sites and platforms that host our External Social Media Presence are not controlled by us and therefore have their own privacy policies and terms of use. The comments and opinions expressed by users on social media are theirs alone and do not reflect the opinions of Wetzel’s Pretzels. Comments that some would consider inappropriate or offensive may appear on our Internal Social Media Features as well as our External Social Media Presence and may remain there until they have been identified by us or called to our attention and we are able to work through the necessary procedures and technical processes to have them removed. If you see an offensive or inappropriate post or comment on our External Social Media Presence, you should report it to the operator of the applicable site or platform using the procedures they have established for that purpose. If you see such a post on Internal Social Media Features it should be reported directly to us via the contact information below.

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.

The Online Services are not intended for those under the age of 16. By using the Online Services, you represent and warrant that you are of legal age to form a binding contract with Wetzel’s Pretzels, LLC and meet all the foregoing eligibility requirements. If you are between 16 and 18 years old, you may not use our App, Rewards Program unless your parent or legal guardian agrees to be bound by these Terms of Use and authorizes your activities.

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.

You agree to defend, indemnify, and hold harmless Wetzel’s Pretzels, LLC, its parent, subsidiary, and other affiliated companies, and its and their respective employees, contractors, licensors, agents, officers, directors, suppliers, service providers, agents, representatives, successors, and assigns (“Wetzel’s Pretzels, LLC Indemnitees”) from any and all claims, suits, damages, costs, lawsuits, judgments, awards, losses, fines, penalties, liabilities, and expenses (including reasonable attorneys’ fees) that arise from or relate to your violation of these Terms of Use or applicable law or regulation, or your use or misuse of the Online Services, including, but not limited to, Content Wetzel’s Pretzels reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate in asserting any available defenses. For avoidance of doubt, Wetzel’s Pretzels assumption of defense shall not relieve you of any of your other obligations under this Section.

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 WETZEL’S PRETZELS, LLC NOR ANY PERSON ASSOCIATED WITH WETZEL’S PRETZELS, LLC 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 WETZEL’S PRETZELS, LLC NOR WETZEL’S PRETZELS, LLC 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.

WETZEL’S PRETZELS, LLC 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.

IN NO EVENT WILL WETZEL’S PRETZELS, LLC OR WETZEL’S PRETZELS, LLC 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.

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, THE LIABILITY OF THE COMPANY PARTIES IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IN NO EVENT SHALL COMPANY’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND/OR CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), OR OTHERWISE, ARISING OUT OF OR RELATING TO THE ONLINE SERVICES, THE CONTENT, OR THESE TERMS OF USE EXCEED FIFTY DOLLARS (US $50.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION BY YOU ARISING OUT OF OR RELATED TO USE OF THE ONLINE SERVICES, THESE TERMS OF USE, OR THE PRIVACY STATEMENT MUST BE FILED BY YOU WITHIN ONE YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

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 Wetzel’s Pretzels, LLC (“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 Wetzel’s Pretzels, LLC 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.

When you use the Online Services or send electronic messages including emails to us, you are communicating with us electronically. You consent to receive communications from us electronically. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You further agree that any notices provided by us electronically are deemed to be given and received on the date we transmit any such electronic communication as described in these Terms of Use.

The Online Services are controlled, operated, and administered by Wetzel’s Pretzels, LLC from offices within the United States of America. We make no representation regarding their use outside of the United States, including that our operation (including our processing and handling of submissions you may make) or your use will comply with non-U.S. law. If you access the Online Services or any Content from locations outside of the United States of America or submit materials from outside the United States of America and/or as non-U.S. citizens, you do so of your own initiative and you are responsible for compliance with all local, state, national and international laws. The English language version of these Terms of Use is the controlling version regardless of any translation you may attempt.

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.

The law applicable to the interpretation and construction of these Terms of Use and any transaction (including purchases made on or through Online Services), shall be the laws of the State of California without regard to principles of conflict of laws, but subject to the Federal Arbitration Act and other federal law relating to the arbitrability of claims.

Subject to the arbitration agreement stated below in these Terms of Use, any legal suit, action or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or a court of the State of California located in Los Angeles County, although we retain the right to bring any suit, action or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

EXCEPT AS OTHERWISE SET FORTH HEREIN IF EITHER YOU OR WETZEL’S PRETZELS WANT TO BRING A CLAIM OR CAUSE OF ACTION AGAINST THE OTHER UNDER THESE TERMS OF USE, OR IF ANY DISPUTE ARISES BETWEEN THE PARTIES AS A RESULT OF THESE TERMS OF USE OR YOUR USE OF THE ONLINE SERVICES OR THE CONTENT, EACH PARTY AGREES TO USE ARBITRATION AS THE SOLE AND EXCLUSIVE MEANS TO BRING SUCH CLAIM OR CAUSE OF ACTION OR TO RESOLVE SUCH A DISPUTE. YOU UNDERSTAND THAT BY AGREEING TO THE FOREGOING AND THE MORE SPECIFIC TERMS BELOW, EACH OF YOU AND COMPANY ARE GIVING UP THEIR RIGHT TO FORM OR BE A PART OF A CLASS ACTION OR OTHER REPRESENTATIVE LAWSUIT. YOU ARE NOT, HOWEVER, WAIVING YOUR ABILITY TO RECOVER DAMAGES. YOU MAY ALSO ASSERT INDIVIDUAL CLAIMS IN SMALL CLAIMS COURT IF YOUR CLAIMS OTHERWISE QUALIFY. THE FEDERAL ARBITRATION ACT AND FEDERAL ARBITRATION LAW APPLY TO ARBITRATION.

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.

To begin an arbitration proceeding, the party seeking to commence such arbitration must first notify the other party in writing at least 30 days in advance of initiating the arbitration. Notice to Wetzel’s Pretzels shall be sent by letter requesting arbitration and describing your claim and relief sought to our registered agent: Wetzel’s Pretzels, LLC, Attn: Chief Executive Officer, 35 Hugus Alley, Suite #300, Pasadena, CA 91103. We will provide notice to your email address(es) and street address(es), if any, associated with your account at the time the notice is sent. The parties agree that the arbitration will be conducted by American Arbitration Association (“AAA”), adr.org, 1.800.778.7879. The AAA will apply the Commercial Arbitration Rules to the arbitration of any Dispute pursuant to these Terms of Use, unless you are an individual and use the products and services for personal or household use, in which case the AAA will apply the Consumer Arbitration Rules (excluding any rules or procedures governing or permitting class actions).You can contact AAA to find out more information on how to commence an arbitration proceeding. Payment of all filing, administration and arbitrator fees will be governed by the AAA's applicable rules. Unless you and Wetzel’s Pretzels agree otherwise, the arbitration will occur in U.S. English and take place in Los Angeles County, California.

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 WETZEL’S PRETZELS, LLC WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.

Please review our Privacy Policy located at https://www.wetzels.com/privacy-policy (the “Privacy Policy”), which is incorporated herein and also governs your access and use of our Online Services. By accessing or using our Online Services, you consent to all actions that we take with respect to your data consistent with our privacy policy.

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 Wetzel’s Pretzels LLC., 35 Hugus Alley, Suite #300, Pasadena, CA 91103, (888)-887-2108.

• Wetzel’s Pretzels, LLC 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 Wetzel’s Pretzels, LLC via e-mail (with “California Resident Request” as the Subject Line) at privacy@wetzels.com. 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 Wetzel’s Pretzels, LLC’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 Wetzel’s Pretzels, LLC’s assets.

No waiver of by Wetzel’s Pretzels, LLC of any term or condition set forth in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Wetzel’s Pretzels, LLC to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

The Terms of Use, including our Privacy Policy constitute the sole and entire agreement between you and Wetzel’s Pretzels, LLC, Inc. with respect to our Online Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, with respect to them.

The parties are independent contractors and not agents or joint venturers. The provisions of these Terms of Use pertaining to disclaimers, exclusion of damages, limitation of liability, and indemnification shall survive termination.

If you have any questions regarding our Online Services, and/or these Terms of Use, you can contact us at: privacy@wetzels.com.