These Terms constitute an agreement between Ben’s Soft Pretzels Franchising Corporation and its affiliates (collectively, “Ben's Soft Pretzels” or “we” or “us”) and you. We recommend that you print out a copy of these Terms for your records.
PLEASE NOTE THAT THESE TERMS CONTAIN PROVISIONS THAT GOVERN THE RESOLUTION OF DISPUTES BETWEEN US AND YOU AND LIMIT OUR LIABILITY TO YOU.
Certain services offered by through the BSP Online Services, including mobile applications, loyalty programs, sweepstakes and other prize promotions, may be governed by Additional terms and conditions presented in conjunction with them. You must agree to the Additional terms before using such services. These Terms and any Additional terms will apply equally. In the event of an irreconcilable inconsistency between any Additional terms and these Terms, the Additional terms will prevail.
Changes to Terms
We may change these Terms so please check back from time to time. If we make material changes to these Terms, we will inform you in advance by posting a notice within the BSP Online Services. If you are a registered user or are on our electronic mailing list, we may also notify you of such material changes via email. We may ask you to affirmatively accept changes to these Terms at the time of your next account login, access or use of the BSP Online Services. By continuing to use the BSP Online Services after such notice and/or acceptance, you agree to be bound by these Terms as modified. All changes are effective when we post them and apply to your access and use of the BSP Online Services thereafter. Changes to the Dispute Resolution provisions (Section 19 below) do not apply to any dispute for which you or we have actual notice prior to the date that the revised Terms are effective.
Users & Accounts
The BSP Online Services are not intended for use by anyone under age 13. YOU MUST BE AT LEAST AGE 13 TO ACCESS AND USE THE BSP ONLINE SERVICES. By accessing, using and/or submitting information to or through the BSP Online Services, you represent that you are at least age 13. Anyone between age thirteen (13) and eighteen (18) may only use the BSP Online Services under the supervision of his/her parent or a legal guardian. IF YOU ARE A PARENT/LEGAL GUARDIAN AND YOU PROVIDE YOUR CONSENT TO YOUR TEENAGER'S ACCESS TO AND USE OF THE BSP ONLINE SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS. Parental control protections (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors
You may need to create and register an account in order to use certain BSP Online Services. In creating an account, you agree to:
create only one account;
provide honest, accurate, current and complete information regarding yourself;
keep your information updated and accurate;
keep your account password private and not share it with others; and
notify Ben's Soft Pretzels if you discover or suspect that your account has been hacked or its security breached.
You also agree to take responsibility for all activities on or under any account registered to you and you accept all risks for any unauthorized use of your account.
You are responsible for providing the equipment and services that you need to access and use the BSP Online Services. We do not guarantee that the BSP Online Services are accessible on any particular equipment or device or with any particular software or service plan.
We reserve the right, without notice and in our sole discretion at any time, to terminate your right to access and use the BSP Online Services or any component of them and to block or prevent future access to and use of the BSP Online Services and to delete your account and any related information. Any obligation or liability incurred prior to our termination of your access to the BSP Online Services will survive such termination.
The BSP Online Services are owned by Ben's Soft Pretzels and licensed to you for your personal, non-commercial use only. Except as expressly provided in these Terms, you may not copy, distribute, publish, transmit, modify, transmit, publicly display or perform, create derivative works of or otherwise exploit any part of the BSP Online Services. You may not save or archive a significant portion of the material appearing in or on the BSP Online Services. All rights not expressly granted here in are reserved by Ben's Soft Pretzels.
Responsible Use of BSP Online Services
You may use the BSP Online Services for lawful purposes and in accordance with these Terms. You may not use the BSP Online Services:
for any purpose that is unlawful or prohibited by these Terms;
to cause harm or damage to any person or entity;
interfere with the proper operation of the BSP Online Services; or
to upload, post or transmit any material that violates any law, infringes on the rights of any third party or contains defamatory, libelous, abusive, obscene or otherwise objectionable material (as determined by Ben's Soft Pretzels in its sole discretion).
YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS BEN’S SOFT PRETZELS AND ITS PARENTS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, FRANCHISEES, AGENTS, LICENSORS, BUSINESS ASSOCIATES, AND SUPPLIERS FROM AND AGAINST ANY ACTUAL OR THREATENED CLAIMS, ACTIONS OR DEMANDS, LIABILITIES AND SETTLEMENTS (INCLUDING, WITHOUT LIMITATION, REASONABLE LEGAL AND ACCOUNTING FEES) RESULTING (OR ALLEGED TO RESULT) FROM YOUR USE OF ANY BSP ONLINE SERVICES IN ANY MANNER THAT VIOLATES OR IS ALLEGED TO VIOLATE APPLICABLE LAW OR THESE TERMS.
Provision of the BSP Online Services
We are constantly improving the BSP Online Services to provide the best possible experience for you and other users. You acknowledge and agree that the BSP Online Services, or certain features of the BSP Online Services, may change from time to time without notice to you. Any new feature that augments, enhances or modifies the current BSP Online Services is subject to these Terms.
You acknowledge and agree that we may decline to provide access to the BSP Online Services or stop (permanently or temporarily) providing the BSP Online Services (or any feature, program or content within the BSP Online Services) to you or other users at our sole discretion, without notice or liability to you. You may stop using any part of the BSP Online Services at any time. You do not need to specifically inform us when you stop using the BSP Online Services.
You acknowledge and agree that if we disable access to your account, you may be prevented from accessing the BSP Online Services, your account details, or any files or other content, which are contained in your account.
If you use a mobile device to access the BSP Online Services, the following Additional terms and conditions (“Mobile Terms”) also apply:
You agree that you are solely responsible for all message and data charges that apply to use of your mobile device to access the BSP Online Services. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status and details.
You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage or service changes made by your service provider or otherwise.
Additional terms and conditions may apply to your use of our mobile applications based on the type of mobile device that you use.
When you opted in to participate in one of our text message programs, you provided your advance consent to receive text messages from an automated system. Your consent was not and is not required as a condition of purchasing any property, goods, or services from us. If you wish to withdraw your consent and unsubscribe, please text STOP to the appropriate short code.
Message frequency depends on the program.
YOUR ACCESS TO AND USE OF THE BSP ONLINE SERVICES VIA YOUR MOBILE DEVICE CONFIRMS YOUR AGREEMENT TO THE MOBILE TERMS, AS WELL AS THE REST OF THESE TERMS.
Service-Specific Terms & Conditions
BSP Loyalty Club Program.
To participate in the Ben’s Soft Pretzels Loyalty Club Program, you may enroll at www.benspretzels.com. When enrolling, where you will need to accept the BSP Loyalty Club Program specific terms and conditions. Those terms and conditions are in Addition to these Terms, however, these Terms shall also govern your participation in BSP Loyalty Club. To the extent there is a conflict between the terms of the Ben’s Soft Pretzels Loyalty Club Program and these Terms, the terms of the BSP Loyalty Club Program govern.
Ben's Soft Pretzels Loyalty Club Program.
To receive emails with the latest news and offers, you may enroll in the Ben's Soft Pretzels Loyalty Club program (“Program”).
The term "Member" as used in these Terms means an individual user of the BSP Online Services who creates a Ben's Soft Pretzels Loyalty Club profile (“Profile”) by providing his/her name, password, valid email address, zip code of his/her primary residence and date of birth. Groups, clubs or organizations cannot be Members.
When creating a Profile, you may choose not to receive Program emails but your email address and other contact information may be retained indefinitely in our Program database for administrative purposes. If you choose not to receive Program emails, you will not receive Program benefits, such as the Enrollment or Birthday Coupon (described below). Members are responsible for keeping their Profiles up-to-date to ensure they receive Program news, offers, and coupons.
To become a Member you must reside in and have a valid zip code in the 48 contiguous U.S. states or Washington D.C. The Program is void outside the 48 contiguous U.S., states and Washington D.C. and where otherwise prohibited, restricted or taxed.
We are not responsible for any Program news, reward-earning opportunity, coupon or other offer sent to an incorrect or incomplete email address if your email address is not up-to-date in your Profile at the time of mailing or offering. We are not responsible for any lost, late, misdirected, damaged, postage-due or illegible mailings or other communications. We reserve the right to correct and not honor errors made in our communications with you.
From time to time, Ben's Soft Pretzels may make special offers available to Members. These offers may be communicated using various means including electronic communication, email, SMS text messages or direct mail. These special offers may be subject to specific terms, restrictions and conditions.
Creating a Profile does not guarantee receipt of Program news and offers or the availability to you of any promotional offer. The Program or any component of it is subject to change or termination without notice. Continued participation in the Program constitutes acceptance of its then-current terms and conditions.
Loyalty Coupons Offer
Loyalty coupons (“Loyalty Coupons”) are made available as follows:
Enrollment Coupons: All new guests who create a Profile and opt-in to the Ben’s Soft Pretzels mobile app will receive a coupon redeemable for one (1) free original jumbo soft pretzel (“Enrollment Coupon”). Limit of one Loyalty Card per Profile and person and five (5) Enrollment Coupons per household. Enrollment Coupons are available for new Profiles only. (Members of the former Ben's Soft Pretzels program who update their Profiles and members of the new Ben's Soft Pretzels Loyalty program are not eligible for Loyalty Enrollment Coupons.) Your Enrollment Coupon will be sent to you by the end of the month following the month in which you create your Profile and will expire at least 35 days after the date issued.
Birthday Coupons: Each Member who provides (or has provided) us with his/her birthday and opts-in (or has opted-in) to receive our email communications will receive an email coupon redeemable for a free, original jumbo soft pretzel on his/her birthday at participating restaurants (“Birthday Coupon”). Your Birthday Coupon will be sent to you by email during the month of your birthday unless you enroll or update your birthday in your Profile during the month of your birthday you will receive the Birthday Coupon the following month. Your Birthday Coupon expires on the last day of the month following your birthday month, unless otherwise noted. Limit of one Birthday Coupon per Profile and person.
As used in these Terms, "free original jumbo soft pretzel" means an original jumbo soft pretzel.
Loyalty Coupons will be delivered via email to the email address recorded in the Member’s Profile at the time of mailing. Loyalty Coupons are: void where prohibited, restricted or taxed or if obtained through unauthorized channels; subject to all terms and conditions printed on them; not exchangeable or refundable for cash; and not valid with any other offer. Ben's Soft Pretzels is not responsible for and will not replace late, lost, stolen, damaged, expired, undelivered or undeliverable Loyalty Coupons. We reserve the right to modify, suspend or terminate the availability of the Loyalty Coupons at any time for any reason.
Opting Out of Loyalty Communications
If you opt-in through your Profile, we will use email and SMS text messaging to communicate Program offers and news. We also may use direct mail to communicate with you. Members who choose not to receive Program emails and/or SMS text messages may not receive all Program coupons, news and offers.
To opt-out of Ben's Soft Pretzels Loyalty Club email communications, update your Ben's Soft Pretzels Loyalty Club profile by un-checking the appropriate box OR click on the unsubscribe link within a Ben's Soft Pretzels Loyalty Club email communication.
To opt-out of SMS text messages from Ben's Soft Pretzels, update your Ben's Soft Pretzels Loyalty Club profile by un-checking the appropriate box OR Text STOP to 411669 from the mobile device associated with your Profile and opt-in.
Ben's Soft Pretzels Mobile Application
If you choose to download the Ben's Soft Pretzels Mobile Application (“Mobile App”), you must accept our End-User License Agreement, which will govern your use of the Mobile App in Addition to these Terms.
The “Promos” section of the Mobile App makes special offers available from time to time (“App Offers”). App Offers may be based on your particular location or purchasing history using the Mobile App. App Offers also may be subject to Additional terms and conditions as described in the App Offer. These App Offers and the "Promos" section of the App are integrated features of the Mobile App. If any App Offer is identified as a “Location-based Offer”, the Location-based Offer will only appear in the "My Offers" section of the Mobile App and only if your mobile device’s GPS/location settings are enabled and you are in a location where the Location-based Offer is valid. If you do not wish to receive App Offers, you must delete the Mobile App from your mobile device(s).
Ben's Soft Pretzels Online Merchandise Store
Ben's Soft Pretzels Gift Cards
The following terms and conditions below govern use of a Ben's Soft Pretzels Gift Card:
Card good only toward purchase of Ben's Soft Pretzels products at participating US locations. All balances remaining on a Ben’s Soft Pretzels Gift Card will expire if not used 48 months after purchase. Ben’s Soft Pretzels does not charge management fees on the gift cards. The purchase and/or reload of a Ben's Soft Pretzels Card with another Ben's Soft Pretzels Card is prohibited. Card value may not be redeemed for cash, check or credit, unless required by law. Use of card constitutes acceptance of these terms. We are not responsible for lost or stolen cards unless registered online. Replacement card for lost or stolen registered cards issued for remaining balance reflected in our records at time reported lost or stolen. This card may not be resold by any unauthorized vendors. Unauthorized resale or attempted resale is grounds for cancellation. Cards obtained through unauthorized channels will be void. Gift Card issued by Ben’s Soft Pretzels. Visit www.benspretzels.com or call 574-970-2188 to check the balance on the card or for customer service (please have card number ready).
Ben's Soft Pretzels Gift Cards.
You may purchase and send a Ben's Soft Pretzels Gift Card to yourself or as a gift using the “Gift” functionality (sometimes referred to as “mGift” or “eGift”) through the Mobile App. When using the “Gift” functionality, you are the "Gift Sender" and the individual person receiving the Ben's Soft Pretzels Card is the "Gift Recipient". Use of the Gift functionality constitutes acceptance of these terms by both Gift Sender and Gift Recipient. The Ben's Soft Pretzels Card terms and conditions above, as well as the Additional terms and conditions below apply to all transactions:
Claiming/Reclaiming a Ben's Soft Pretzels Gift Card.
If Gift Card Recipient does not claim the Ben's Soft Pretzels Card within three (3) days after the date sent, we will send a reminder email to Gift Sender. If the Ben's Soft Pretzels Card is not claimed by Gift Recipient or Gift Sender within six (6) days after the date sent, Gift Sender will receive a second (and final) reminder to prompt Gift Recipient to claim the Ben's Soft Pretzels Card. At any point prior to Gift Recipient’s claiming of the Ben's Soft Pretzels Card, Gift Sender can choose to send the Ben's Soft Pretzels Card to a different email address or phone number by using the “Gift Sent” screen within the Mobile App.
Ben's Soft Pretzels Gift Card Delivery.
Gift Sender is responsible for ensuring that the address of Gift Card Recipient is correct. We are not responsible and have no liability for any Ben’s Soft Pretzels Gift Card that is undelivered, not received by Gift Recipient or claimed by someone other than Gift Card Recipient as a result of inaccurate information provided by Gift Card Sender. You may not return or cancel your Ben's Soft Pretzels Card after it is received or if same-day delivery was requested. Please contact Customer Support (with your order number and email address) if you believe the delivery address is incorrect or if you have questions about whether you may cancel your order.
Gift Sender may aBSP a personal message (character-limited) to the Ben's Soft Pretzels Card at no Additional charge by typing the message in the applicable message field. Inappropriate, offensive or otherwise objectionable messages are prohibited. We are not responsible for the content of any personalized message.
Ben's Soft Pretzels' Disclaimer of Warranty & Limitation of Liability
To the fullest extent allowed by applicable law, Ben's Soft Pretzels is not liable for any direct, indirect, special, incidental, consequential, punitive or other damages arising from your use of, or inability to use, any of the BSP Online Services or any materials available in any BSP Online Service.
Except as expressly otherwise stated, Ben's Soft Pretzels does not make any warranty, express or implied, as to accuracy, reliability or availability of any of the BSP Online Services. Without limiting the generality of the preceding sentence, Ben's Soft Pretzels specifically disclaims, to the fullest extent allowed by applicable law, all implied warranties of merchantability and fitness for purpose, and all warranties of title and non-infringement of third party rights, with respect to all of its online services and all materials accessible through the BSP Online Services.
Ben's Soft Pretzels does not guarantee that the functions contained in any of the BSP Online Services will be secure, uninterrupted or error-free, that each the BSP Online Services will be free of viruses or other harmful components, or that defects will be corrected even if Ben's Soft Pretzels is aware of them.
In no event will Ben's Soft Pretzels and its parent's or affiliates' total liability to you for damages, losses and causes of action (whether in contract, tort (including, but not limited to, negligence), or otherwise) exceed the amount paid by you, if any, for accessing the BSP Online Services or $100, whichever is less. You agree to bring any and all actions within one (1) year from the date of the accrual of the cause of action and that actions brought after this date will be barred.
Nothing in these Terms will exclude or limit Ben's Soft Pretzels' liability for death or personal injury caused by our negligence.
Copyright & Trademark
Unless otherwise noted, all materials published on any BSP Online Service are protected as the copyrights, trade dress, trademarks and/or other intellectual properties owned by Ben's Soft Pretzels and/or its subsidiaries and affiliates or by other parties that have licensed their material to Ben's Soft Pretzels.
Ben's Soft Pretzels marks displayed in the BSP Online Services represent some of the proprietary rights currently owned or controlled by Ben's Soft Pretzels in the United States and/or in other countries and are not intended to be a comprehensive compilation of all Ben's Soft Pretzels' worldwide proprietary ownership rights.
You may not remove or alter any copyright, trademark or other proprietary right notice in the BSP Online Services. All rights not expressly granted are reserved.
Digital Millennium Copyright Act ("DMCA") Policy
This DMCA statement constitutes part of the legal terms and conditions governing all users of the BSP Online Services. In compliance with the DMCA (Title 17, United States Code), Ben's Soft Pretzels will respond to proper notifications of claimed copyright infringement with respect to material posted by users, and will take appropriate action including removing and disabling access to the allegedly infringing material. Ben's Soft Pretzels also reserves the right to remove and disable access to any user-posted material which, in Ben's Soft Pretzels' sole judgment, may be infringing or violating another's intellectual property right, whether or not Ben's Soft Pretzels has been notified by the rights holder.
Repeat Infringer Policy
In accordance with the DMCA and other applicable law, Ben's Soft Pretzels has adopted a policy of terminating, in appropriate circumstances, the accounts of registered users who are determined by Ben's Soft Pretzels to be repeat infringers. Ben's Soft Pretzels may also, in its sole discretion, suspend and/or terminate the account of any registered user who infringes another's intellectual property right, whether or not there is repeat infringement.
In compliance with the DMCA, the Designated Agent for Ben's Soft Pretzels to receive notifications of claimed infringement relating to any of the BSP Online Services is Brian Krider, Trademark Manager.
By mail: Ben's Soft Pretzels, 1202 W Pike St., Goshen, IN
By telephone: 574-970-2188
By email: firstname.lastname@example.org
Notice of Claimed Copyright Infringement
If you believe that your copyright has been infringed or violated by any material posted on any of the BSP Online Services, please notify our Designated Agent listed above in writing and provide the following requisite information:
a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
identification of the copyrighted work claimed to have been infringed, or if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and if available, an electronic mail address at which the complaining party may be contacted;
a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Counter-Notification to Claimed Copyright Infringement
Under the DMCA, if a notice of copyright infringement has been filed against material posted by you on any of the BSP Online Services, you may make a counter-notification with our Designated Agent listed above, provided that such counter-notification must be in writing and contain the following requisite information:
your physical or electronic signature;
identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
a statement by you under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification; and
your name, address, and telephone number, and a statement that you consent to the jurisdiction of Federal District Court for the judicial district in which you are located (or in the State of Maryland, U.S.A., if you reside outside of the U.S.A.), and that you will accept service of process from the person who filed the notice of copyright infringement or an agent of such person.
If Ben's Soft Pretzels receives a valid counter-notification, it may reinstate the removed or disabled material in accordance with the DMCA.
Liability for Misrepresentation under the DMCA
Please note that, pursuant to the DMCA, any person who knowingly materially misrepresents that any material or activity is infringing, or that any material or activity was removed or disabled by mistake or misidentification, will be liable for damages, including costs and attorney's' fees, incurred by the alleged infringer, by any copyright owner or copyright owner's authorized licensee, or by an online service provider, who is injured by such misrepresentation, as the result of the service provider relying upon such misrepresentation in removing or disabling access to the material or activity claimed to be infringing, or in replacing the removed material or ceasing to disable access to it.
Accordingly, if you are not sure whether certain material or activity infringes your or another's copyright, please consult with a qualified attorney.
Links provided within the BSP Online Services will allow you to connect to other websites and services that are not under Ben's Soft Pretzels' control. We do not endorse and are not responsible for the content of such websites and/or services. You access such websites and use such services at your own risk.
Errors & Inaccuracies
The BSP Online Services may contain errors, inaccuracies or omissions related to product descriptions, pricing, promotions, offers, availability and other information. If any information in the BSP Online Services is inaccurate, incomplete or out of date, we reserve the right to correct, change or update such information or to cancel orders related to such information (including after you have submitted an order) without prior notice and issue a refund for amounts paid. We cannot guarantee that your computer’s display of color or other product features is accurate. If any product that you purchase is not satisfactory to you, your sole remedy is to return it (unused) for a refund.
Feedback & Submissions
Unfortunately, Ben's Soft Pretzels is unable to accept unsolicited ideas. By submitting any material to us through any of the BSP Online Services, you expressly grant to Ben's Soft Pretzels and its affiliates a royalty-free, non-exclusive, fully transferable, assignable and sublicensable right and license to use, reproduce, modify, display, transmit, adapt, publish, translate, create derivative works from and distribute such material, throughout the world and in perpetuity, in all media now known or hereafter devised and for all lawful business purposes of Ben's Soft Pretzels and its affiliates (including, without limitation, advertising, promotional and marketing purposes). You also acknowledge and agree that if and to the extent the material submitted by you identifies you by name, likeness, voice or otherwise ("your identification"), the foregoing license granted by you will automatically be deemed to cover and extend to our use of your identification in connection with our use of the material submitted by you. In Addition, you warrant that all so-called "moral rights" have been waived.
You may use the BSP Online Services solely for the purpose of learning about the Ben's Soft Pretzels franchise system. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee via www.benspretzelsfranchising.com.
Geographical Scope of the BSP Online Services
Ben's Soft Pretzels controls and operates the BSP Online Services from within the United States. Unless otherwise specified on any BSP Online Services, the BSP Online Services are intended to promote only those Ben's Soft Pretzels products that are sold by Ben's Soft Pretzels in the United States; Ben's Soft Pretzels makes no representation that the materials in the BSP Online Services or the products described thereby are appropriate or available for use in other locations. If you access the BSP Online Services from outside the United States, be advised the BSP Online Services may contain references to products and services that are not available or are prohibited in your country. All visitors to and users of the BSP Online Services are responsible for compliance with all local laws applicable to them with respect to the content and operation of the BSP Online Services.
Certain materials on the BSP Online Services describe the Ben's Soft Pretzels System. They do not constitute an offering for the sale of a franchise. Such offering is only commenced by our delivery of the Franchise Disclosure Document to you in compliance with the Federal Trade Commission Rule on Franchising and various state laws regulating the sale of franchise opportunities.
You may use the BSP Online Services solely for the purpose of learning about the Ben's Soft Pretzels franchise system. If you choose to, you may also submit an electronic application seeking consideration as a prospective franchisee via www.benspretzelsfranchising.com.
YOU AND BEN’S SOFT PRETZELS AGREE TO GIVE UP ANY RIGHTS TO LITIGATE CLAIMS IN A COURT OR BEFORE A JURY OR TO PARTICIPATE IN A CLASS ACTION OR REPRESENTATIVE ACTION WITH RESPECT TO A CLAIM. OTHER RIGHTS THAT YOU WOULD HAVE IF YOU WENT TO COURT, SUCH AS ACCESS TO DISCOVERY, ALSO MAY BE UNAVAILABLE OR LIMITED IN ARBITRATION.
Any dispute between you and Ben's Soft Pretzels and its agents, employees, officers, directors, principals, successors, assigns, subsidiaries or affiliates (collectively for purposes of this section, “Ben's Soft Pretzels”) arising from or relating to these Terms and their interpretation or the breach, termination or validity thereof, the relationships which result from these Terms, including disputes about the validity, scope or enforceability of this arbitration provision (collectively, "Covered Disputes") will be settled by binding arbitration in Elkhart County, State of Indiana administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, in effect on the date thereof. Prior to initiating any arbitration, the initiating party will give the other party at least 60-days' advanced written notice of its intent to file for arbitration. Ben's Soft Pretzels will provide such notice by e-mail to your e-mail address on file with Ben's Soft Pretzels and you must provide such notice by e-mail to email@example.com with “Legal Dispute” appearing in the subject line. During such 60-day notice period, the parties will endeavor to settle amicably by mutual discussions any Covered Disputes. Failing such amicable settlement and expiration of the notice period, either party may initiate arbitration.
Payment of all filing, administration and arbitrator fees will be governed by the AAA's rules. If, however, you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Ben's Soft Pretzels will pay as much of the filing, administration and arbitrator fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive for you. If the arbitrator determines the claim(s) you assert in the arbitration are frivolous, you agree to reimburse Ben's Soft Pretzels for all fees associated with the arbitration that Ben's Soft Pretzels paid on your behalf, which you otherwise would be obligated to pay under the AAA's rules.
The arbitrator will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator(s) will be final and binding on each of the parties and may be entered as a judgment in any court of competent jurisdiction. The arbitrator will not, however, have the power to award punitive or exemplary damages, the right to which each party hereby waives, and the arbitrator will apply applicable law and the provisions of these Terms and the failure to do so will be deemed an excess of arbitral authority and grounds for judicial review. Ben's Soft Pretzels and you agree that any Covered Dispute will be submitted to arbitration on an individual basis only. Neither Ben's Soft Pretzels nor you are entitled to arbitrate any Covered Dispute as a class, representative or private attorney action and the arbitrator(s) will have no authority to proceed on a class, representative or private attorney general basis. If any provision of the agreement to arbitrate in this section is found unenforceable, the unenforceable provision will be severed and the remaining arbitration terms will be enforced (but in no case will there be a class, representative or private attorney general arbitration). Regardless of any statute or law to the contrary, notice on any claim arising from or related to these Terms must be made within one (1) year after such claim arose or be forever barred. For purposes of this section, these Terms and related transactions will be subject to and governed by the Federal Arbitration Act, 9 U.S.C. sec. 1-16 (FAA).
You are solely responsible for any and all duties, taxes, levies or fees (including any sales, use or withholding taxes) imposed on or in connection with these Terms or the BSP Online Services by any authority.
Notice to California Residents
Under California Civil Code Section 1789.3, California residents are entitled to the following specific consumer rights information:
California Transparency in Supply Chains
We are dedicated to conducting business in compliance with all laws, regulations and ethics of fairness and human decency, both nationally and internationally. We seek to use suppliers who share our commitments, and agree to abide by our supplier code of conduct.
We screen suppliers on many business related criteria as well as their compliance with matters of law. We seek partners that comply with government regulations, including those concerning human ethics. Our suppliers are required to acknowledge, and agree to, our Supplier Code of Conduct.
We conduct periodic on-site, announced and unannounced, visits to our manufacturing and distribution facilities around the globe, during which our employees, third party auditors and other designated associates inspect facilities and observe conditions, workers and practices as well as the supplier's compliance with our supplier Quality management systems, supplier Code of Conduct or contract terms, as applicable.
We maintain accountability standards, including a Code of Conduct for our employees and a supplier Code of Conduct for our suppliers. If we determine that our employees or suppliers are engaged in slavery or human trafficking, our employees will be disciplined, up to and including termination, and our supplier relationships terminated.
All of our employees who are involved in supplier management are trained annually on administering our supplier Code of Conduct. In Addition, all employees participate in an annual employee Code of Conduct training.
No delay or failure on the part of Ben's Soft Pretzels to enforce any part of these Terms will constitute a waiver of any of Ben's Soft Pretzels' rights under these Terms whether for past or future actions on the part of any person. Neither the receipt of any funds by Ben's Soft Pretzels nor the reliance of any person on Ben's Soft Pretzels' actions will be deemed to constitute a waiver of any part of these terms. Only a specific, written waiver signed by an authorized representative of Ben's Soft Pretzels will have any legal effect whatsoever. If any provision of these Terms is determined to be illegal, invalid or unenforceable under present or future law, such provision will be deemed to be deleted without affecting the enforceability of all remaining provisions. These Terms will inure to the benefit of and will be binding upon each party’s successors and assigns. These Terms and the rights granted hereunder may be assigned by Ben's Soft Pretzels but you may not assign them without the prior express written consent of Ben's Soft Pretzels. The headings and captions contained herein are for convenience only.
Contact Ben's Soft Pretzels
If you have questions regarding any of these Terms, you can email us at firstname.lastname@example.org, call us at 1-574-970-2188, or write to us care of Ben's Soft Pretzels Customer Service, 1202 W Pike St., Goshen, IN 46526.
© 2017 Ben’s Soft Pretzels Franchising Corporation.
The Ben's Soft Pretzels name, design, logos and related marks are registered trademarks of Ben’s Soft Pretzels Franchising Corporation. All rights reserved.
Last updated: October 2017