Terms and Conditions

Terms and Conditions

Opening

Updated as of November 17, 2019

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY

These Terms and Conditions are a legal agreement between you and Baldy's Pretzels (as defined below) and govern your use of any website (each a “Site” and collectively the “Sites”) or mobile application (each an “App” and collectively, the “Apps”) owned or operated by Baldy's pretzels or any of its affiliates or subsidiaries (collectively, “Baldy's Pretzels) or operated on behalf of , and the content Baldy's Pretzels on such Sites and Apps, and the services available through such Sites or Apps (each a “Service” and collectively, the “Services”). For a list of many of the  Baldy's Pretzels companies, see the end of these Terms and Conditions.

AGREEMENT TO TERMS AND CONDITIONS BY USER

By using the Sites, Apps and Services, you acknowledge and accept without limitation or qualification, these terms, conditions, and notices (“Terms and Conditions”), the terms and conditions for each Site, App and/or Service, our and each of which is incorporated herein by reference.

Baldy's Pretzels reserves the right to change these Terms and Conditions at any time and in its sole discretion. The modified Terms and Conditions will be effective immediately upon posting and you agree to the new posted Terms and Conditions by continuing your use of the Website. It is your responsibility to check periodically for any changes we may make to these Terms and Conditions.

Each time you use the Sites, Apps and Services, you reaffirm your acceptance of the then-current Terms and Conditions. If you do not wish to be bound by these Terms and Conditions, your only remedy is to discontinue using the Sites, Apps and Services. By using the Sites, Apps and Services, you also accept that any prior agreements between you and Baldy's Pretzels regarding your use of the Sites, Apps and Services are hereby superseded.

RESTRICTIONS ON USE

You should assume that everything you see or read on the Sites and Apps is copyrighted unless otherwise noted, and may not be used except as provided in these Terms and Conditions.

Material from the Sites and Apps may not be copied, distributed, republished, modified, uploaded, incorporated, posted, or transmitted in any way, without the prior written consent of Baldy's Pretzels , except that you may print, display or download content from the Sites and Apps for your personal, non-commercial use only, provided you do not delete or change any copyright, trademark, or other proprietary notices. The material on the Sites and Apps is provided for lawful purposes only. No intellectual property rights are licensed or transferred to you through your use of the Sites, Apps and Services, but remain with Baldy's Pretzels, who owns full and complete title to all intellectual property in connection with the Sites, Apps and Services. You may not resell, decompile, reverse engineer, disassemble, or otherwise convert the Sites or Apps and any content thereon.

Linking, or any other manner of incorporating the whole or parts of the Sites and Apps including the framing of Sites and Apps by sites or site elements controlled by third parties is strictly prohibited.

NO UNLAWFUL OR PROHIBITED USE

As a condition of your use of the Sites, Apps and Services, you warrant to Baldy's Pretzels that you will not use the Sites, Apps and Services for any purpose that is unlawful or prohibited by these terms, conditions, and notices. You may not use the Sites, Apps and Services in any manner which could damage, disable, overburden, or impair the Sites, Apps or Services or interfere with any other party's use and enjoyment of the Sites, Apps or Services. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Sites, Apps and Services.

You need not register with Baldy's Pretzels to simply visit and view the Sites and use many of the Services available on the Sites. However,Baldy's Pretzels may from time to time require you to register for an account in order to access certain password-restricted areas of the Sites and Apps and to use certain Services and materials offered on and through the Sites and Apps. Baldy's Pretzels shall have the right to approve or reject any requested account, in Baldy's Pretzels ’ discretion. If your account is approved, you will be permitted to log in to the applicable Site, App or Service using the password you select. You may not permit anyone other than yourself to use your username or password to gain access to the Site, App or Service. You will take reasonable steps to maintain the privacy of your username and password and to prevent unauthorized access to or disclosure of your username and password. You are responsible for all activities that occur using your username and password

COMMUNICATION SERVICES; SUBMISSIONS AND UNAUTHORIZED CONDUCT

The Sites and Apps may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with Baldy's Pretzels, the public at large or within a group (collectively, "Communication Services"). As used in these Terms and Conditions, the term Services shall include Communication Services. You agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

All remarks, suggestions, ideas, graphics, discussions, chats, postings, transmissions, bulletin boards or other information communicated to Baldy's Pretzels  through the Sites and Apps, via the Communication Services or otherwise (each, a "Submission"), will forever be the property of Baldy's Pretzels , except as otherwise expressly stated by Baldy's Pretzels in connection with a specific Submission. Baldy's Pretzels will treat any Submission as non-proprietary and non-confidential. By posting, uploading, inputting, providing or submitting your Submission you acknowledge that you and not Baldy's Pretzels have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You further warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. Except as otherwise expressly stated by Baldy's Pretzels in connection with a specific Submission, anything you transmit or post becomes the property of Baldy's Pretzels and may be used for any purpose, including, but not limited to, reproduction, disclosure, transmission, publication, broadcast, posting, or marketing.

No compensation will be paid with respect to the use of your Submission, as provided herein. Baldy's Pretzels is under no obligation to post or use any Submission you may provide and may, in Baldy's Pretzels sole discretion, remove any Submission at any time, for any reason, without notice to you.

 Baldy's Pretzels may from time to time monitor Submissions on the Sites, Apps and Communication Services; however, Baldy's Pretzels is under no obligation to do so. Baldy's Pretzels assumes no responsibility or liability arising from the content of any such Submissions, nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained in any information within such locations on the Sites or Apps, including in Submissions. You are strictly prohibited from posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, scandalous, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law. Baldy's Pretzels will fully cooperate with any law enforcement authorities or court order requesting or directing Baldy's Pretzels to disclose the identity of anyone posting any such information or materials.

When using the Sites, Apps and/or Services and/or making a Submission, you agree to abide by common standards of decency and act in accordance with the law. By way of example and not limitation, you agree not to:

  • Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of the Sites, Apps or Services, or another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Site, App or Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes or chain letters.
  • Download any file posted by another user of a Site, App, or Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Sites, Apps, and Services, Communication Services or any part thereof.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Site, App, or Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.
  •  Baldy's Pretzels has no obligation to monitor, police or remove any Submissions. However, Baldy's Pretzels reserves the right in its sole discretion to review Submissions and to remove any materials at any time, for any reason, without notice to you. Baldy's Pretzels reserves the right to terminate your access to any or all of the Sites, Apps, or Services at any time without notice for any reason whatsoever.

 Baldy's Pretzels reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in  Baldy's Pretzels sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children on or through the Sites, Apps or Services.  Baldy's Pretzels does not control or endorse the content, messages or information found in any Communication Service and, therefore,   Baldy's Pretzels specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized  Baldy's Pretzels spokespersons, and their views do not necessarily reflect those of Baldy's Pretzels.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you download the materials.

USER GENERATED CONTENT

Any content you post to our Sites, Apps or social networking pages (“User Generated Content”), may be available to all Users, and we cannot prevent such content from being used in a manner that violates these Terms and Conditions, the law, or your personal privacy. We may review such User Generated Content, remove it, or combine such User Generated Content with other information we have collected about you and use it as described in our Privacy policy. All User Generated Content is subject to these Terms and Conditions.

IDEA SUBMISSIONS

Baldy's Pretzels and its employees do not consider unsolicited ideas, including ideas for new advertising campaigns, new promotions, new or improved products, product enhancements, processes, materials, marketing plans or new product names. Please do not submit any unsolicited ideas, original creative artwork, suggestions or other works (collectively, “Idea Submissions”) in any form to Baldy's Pretzels or any of its employees. The chief purpose of this policy is to avoid potential misunderstandings or disputes when Baldy's Pretzels products or marketing strategies might seem similar to ideas submitted to Baldy's Pretzels. If, despite this request, you still send in Idea Submissions, the following terms shall apply to your Idea Submissions:

You agree that: (1) your Idea Submission(s) and their contents will automatically become the property of Baldy's Pretzels, without any compensation to you; (2)   Baldy's Pretzels may use or redistribute the Idea Submission(s) and their contents for any purpose and in any way; (3) there is no obligation for  Baldy's Pretzels to review or use Idea Submission(s); and (4) there is no obligation to keep any Idea Submission(s) confidential.

PRODUCT FEEDBACK

FOCUS Brands welcomes your feedback regarding many areas of our business. If you want to send us your feedback, and we hope you do, we simply request that you email it to us at baldyspretzels@gmail.com. Please provide only specific feedback on Baldy's Pretzels ’ existing products or marketing strategies. Any feedback you provide at this site shall be deemed to be non-confidential.   Baldy's Pretzels shall be free to use such information on an unrestricted basis.

JURISDICTION

Except as described otherwise, all materials in the Sites, Apps and Services are made available only to provide information about  Baldy's Pretzels or the respective brand under Baldy's Pretzels. Baldy's Pretzels , or its designee, controls and operates the Sites, Apps and Services from its headquarters in North St. Paul, Minnesota, United States of America and makes no representation that these materials are appropriate or available for use in other locations. If you use the Sites, Apps and Services from other locations you are responsible for compliance with applicable local laws.

DISCLAIMER/RESTRICTION OF LIABILITY

 Baldy's Pretzels will not be liable for any damages or injury caused by the Sites, Apps and Services, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOCUS BRANDS AND/OR ITS SUPPLIERS OR THIRD-PARTY CONTENT PROVIDERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ERRORS, OMISSIONS, INTERRUPTIONS, DEFECTS, DELAYS, COMPUTER VIRUSES, LOSS OF USE, DATA OR PROFITS, UNAUTHORIZED ACCESS TO AND ALTERATION OF YOUR TRANSMISSIONS AND DATA, AND OTHER TANGIBLE AND INTANGIBLE LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITES, APPS AND SERVICES, WITH THE DELAY OR INABILITY TO USE THE SITES, APPS AND SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FROM ANY ACTIONS WE TAKE OR FAIL TO TAKE AS A RESULT OF EMAIL MESSAGES YOU SEND US, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE SITES, APPS AND SERVICES, OR OTHERWISE ARISING OUT OF THE USE OF THE SITES, APPS AND SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FOCUS BRANDS OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITES, APPS AND SERVICES, OR WITH ANY OF THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITES, APPS AND SERVICES. FOCUS BRANDS’ TOTAL LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, AND CAUSES OF ACTION (IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION, NEGLIGENCE), OR OTHERWISE) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID TO ACCESS THE SITES, APPS OR SERVICES.

The material, software, products, and Services in the Sites and Apps, or available through the Sites and Apps, may include technical inaccuracies or typographical errors.Baldy's Pretzels  is not responsible if information made available on the Sites and Apps is not accurate, complete or current. The material on the Sites and Apps is provided for general information only and should not be relied upon or used as the sole basis for making significant decisions without consulting primary or more accurate, more complete or timelier sources of information. Any reliance on the material on the Sites and Apps is at your own risk. The Sites and Apps may contain certain historical information. Historical information necessarily is not current and is provided for your reference only.   Baldy's Pretzels may make changes or improvements at any time. ADVICE RECEIVED VIA THE SITES AND APPS SHOULD NOT BE RELIED UPON FOR PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS AND YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL FOR SPECIFIC ADVICE TAILORED TO YOUR SITUATION.

BALDY'S PRETZELS AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITES OR APPS FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND.

BALDY'S PRETZELS AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

BALDY'S PRETZELS DISCLAIMS ALL WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. FOCUS BRANDS NEITHER WARRANTS NOR REPRESENTS YOUR USE OF MATERIALS DISPLAYED ON THE SITES AND APPS WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. FOCUS BRANDS DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIAL WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITES AND APPS OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. FOCUS BRANDS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE MATERIAL IN THE SITES AND APPS IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. YOU (AND NOT BALDY'S PRETZELS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES.

The Sites and Apps contain downloadable materials as well as links to external sites.Baldy's Pretzels is not responsible for, and has no control over, the content of such downloadable materials or external sites. The inclusion of any link to such sites does not imply endorsement by Baldy's Pretzels of the sites. You understand that Baldy's Pretzels cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through the Sites and Apps, will be free of infection or viruses, worms, Trojan Horses or other code or defects that manifest contaminating or destructive properties.

The Reaper Waiver form:

To purchase the reaper you must be 18 years of age

I hereby the purchaser of the reaper challenge agree upon purchase and affirm that in my exchange for my participation in the purchase of and eating of the reaper pretzel, I hereby release,disclaim, and relinguish Baldy's Pretzels, It's affiliates,owners,employees,suppliers,any other company associates of any and all claims,actions and/or lawsuits that I the purchaser, any of my dependents,heirs, family members or friends may have relating to any damage and/or injury that is resulted, from the use, consumption, ingestion, and/or contact of any bodily part or organ of or from this product, The reaper pretzel. 

I also give unrestricted permission for images,videos,and recordings of me to be used in videos, digital and internet media. I agree that all these images and/or voice recordings are used for a variety of purposes and that these images may be used without further notifying me. 

I further acknowledge that I will not be compensated for these uses and that Baldy's Pretzels owns all rights to these images,videos and recordings, and to any derivative works created of them. 

I waive any rights to inspect the uses of any printed or electronic copy. I hereby release Baldy's Pretzels and it's agents and assigns from any claims that may arise from these uses,including without limitation claims of defamation or invasion of privacy,or of infringement of my rights of publicity or copyright. 

This wavier and release expresses the complete understanding of the parties and or purchaser of any items. 

EMPLOYMENT

Baldy's Pretzels and its employees do not accept or consider unsolicited solicitations for employment. To be considered for a posted job opportunity, you must submit an application for a posted position.Baldy's Pretzels is an equal opportunity employer committed to a diverse workforce.   Baldy's Pretzels franchisees each hire their own employees and establish their own terms and conditions of employment, which may differ from those described.

INDEMNIFICATION

You agree to indemnify, defend and hold harmless  Baldy's Pretzels and its affiliates, and their officers, directors, employees, contractors, agents, licensors and suppliers, from and against any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from any violation of these Terms and Conditions. If you cause a technical disruption of the Sites, Apps, Services or the systems transmitting the Sites, Apps and Services to you or others, you agree to be responsible for any and all losses, liabilities, expenses, damages and costs, including reasonable attorneys’ fees and court costs, arising or resulting from that disruption.

TERMINATION

 Baldy's Pretzels or you may terminate this agreement at any time. You may terminate this agreement by destroying: (a) all materials obtained from all   Baldy's Pretzels Sites and Apps, and (b) all related documentation and all copies and installations (together, the "Materials").  Baldy's Pretzels reserves the right, in its sole discretion, to terminate this agreement, including your access to the Sites, Apps and Services or any portion thereof immediately and for any reason without notice to you. Upon termination, you must destroy all Materials.

MISCELLANEOUS

These Terms and Conditions will be governed and be interpreted pursuant to the laws of the State of Minnesota, United States of America, notwithstanding any principles of conflicts of law, and you hereby consent to the exclusive jurisdiction and venue of courts in Minnesota in all disputes arising out of or relating to the use of the Sites, Apps and Services. Use of the Sites, Apps and Services is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and  Baldy's Pretzels as a result of these Terms and Conditions or use of the Sites, Apps and/or Services. Baldy's Pretzels ’ performance of this Terms and Conditions is subject to existing laws and legal process, and nothing contained in this Terms and Conditions is in derogation of ’ Baldy's Pretzels right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Sites, Apps and Services or information provided to or gathered by Baldy's Pretzels with respect to such use. If any part of these Terms and Conditions is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms and Conditions shall continue in effect. Unless otherwise specified herein or agreed to by you, these Terms and Conditions, together with all other policies, guidelines, agreements, terms and conditions referenced herein, constitute the entire agreement between you and Baldy's Pretzels with respect to the Sites, Apps and Services. A printed version of these Terms and Conditions and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms and Conditions to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Baldy's Pretzels’ products and services are available in many parts of the world. However, the Sites and Apps may describe products and services that are not available worldwide.

INQUIRIES

Please direct all inquiries related to these Terms and Conditions to:

 

 Baldy's Pretzels
ATTN: GENERAL COUNSEL
2654 7th Ave. East 
N. St. Paul,MN.
651-777-4000