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Twisted Sugar Terms of Service

(Last Updated: 2.13.2025)

Welcome to Twisted Sugar (“we,” “us,” or “our”). These Terms of Service (the “Terms”) govern your access to and use of our websites, mobile applications, online services, and any other platforms that display or link to these Terms (collectively, the “Services”). By accessing or using our Services, you agree to be bound by these Terms, as well as our Privacy Policy, which is incorporated by reference. If you do not agree to these Terms, please do not use or access our Services.

These Terms apply whether you are a casual visitor, a registered user, a customer making purchases, or another authorized user of our Services.

1. ACCEPTANCE OF THESE TERMS

By accessing or using our Services, you represent that:

  1. You are at least the age of majority in your jurisdiction (or you have received parental consent to use the Services if you are under the age of majority).
  2. You are legally capable of entering into a binding contract.
  3. You will comply with these Terms and all applicable local, state, national, and international laws, rules, and regulations.

If you do not meet all of these requirements, you must not access or use the Services.

2. CHANGES TO THESE TERMS

We reserve the right to update or modify these Terms at any time and at our sole discretion. We will post the revised Terms on our website with a “Last Updated” date. Your continued use of our Services after any changes become effective constitutes your acceptance of the revised Terms. If you do not agree to the revised Terms, you should stop using our Services.

3. SCOPE OF THE SERVICES

  1. General Information: Twisted Sugar is a gourmet cookie and soda shop franchise. Each franchise location is independently owned and operated. Information about specific products, prices, promotions, or services may vary by location.
  2. Franchise Disclaimer: While Twisted Sugar provides general brand guidelines, marketing materials, and standards, individual franchisees are responsible for their own operations, including compliance with applicable laws, food safety standards, and labor practices.

4. ELIGIBILITY AND ACCOUNT REGISTRATION

  1. Eligibility
    • You must be the age of majority in your jurisdiction (or have parental consent) to access or use certain features of our Services, such as making purchases or creating an account.
  2. Account Creation
    • Provide accurate, current, and complete information.
    • Maintain and update your account information as needed.
    • Keep your login credentials secure and not share them with others.
    • To access certain features of the Services, you may need to create an account. When you create an account, you agree to:
  3. Responsibility for Account Use
    • You are responsible for all activities that occur under your account. If you suspect any unauthorized use of your account, you must notify us immediately.

5. ORDERS AND PAYMENTS

  1. Ordering
    • Our Services may allow you to place orders for products or merchandise (collectively, “Products”) from participating Twisted Sugar locations. Any order you place is subject to acceptance by the specific location fulfilling the order.
  2. Pricing and Availability
    • All prices are displayed in U.S. dollars unless otherwise indicated, and do not include applicable taxes or fees. Product availability and pricing may vary by location and may be changed at any time without notice.
  3. Payment
    • When you make a purchase, you agree to pay all charges, including taxes and fees. We (or our third-party payment processors) may collect your billing and payment information. You represent and warrant that you have the legal right to use any payment method you provide.
  4. Refunds and Returns
    • Refund and return policies differ by franchise location. Please contact the location from which you made your purchase to inquire about any refund or return policies.

6. INTELLECTUAL PROPERTY RIGHTS

  1. Ownership
    • All content, features, and functionality available through the Services—such as text, images, logos, button icons, software, and any intellectual property related to Twisted Sugar (collectively, the “Content”)—are owned by or licensed to Twisted Sugar, its affiliates, or its licensors, and are protected by copyright, trademark, and other applicable laws.
  2. Limited License
    • Subject to your compliance with these Terms, Twisted Sugar grants you a limited, non-exclusive, non-transferable, revocable license to use the Services and Content solely for your personal, non-commercial use.
  3. Restrictions
    • You agree not to copy, reproduce, distribute, publish, or create derivative works from any portion of the Services or Content without our prior written permission.
  4. Trademarks
    • The Twisted Sugar name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Twisted Sugar or its licensors. You must not use such marks without our prior written permission.

7. USER CONTENT

  1. Submission of Content
    • Our Services may allow you to submit, post, upload, or otherwise make available content such as reviews, comments, photos, or other materials (“User Content”).
  2. License to User Content
    • By submitting User Content, you grant Twisted Sugar a worldwide, non-exclusive, royalty-free, perpetual, transferable, and sublicensable right to use, reproduce, modify, create derivative works from, display, and distribute your User Content in connection with operating, promoting, and improving our Services.
  3. Responsibility for User Content
    • You are solely responsible for any User Content you provide. You represent that you have all necessary rights to grant the license described herein.
  4. Prohibited Content
    • You agree not to submit any User Content that is unlawful, offensive, defamatory, infringing, or otherwise objectionable. We reserve the right, at our sole discretion, to remove or disable User Content that violates these Terms or is otherwise objectionable.

8. PROHIBITED USES

You agree not to use our Services to:

  1. Violate any applicable law, regulation, or ordinance.
  2. Engage in harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable activity.
  3. Infringe upon or violate the rights of others, including intellectual property rights.
  4. Interfere with or disrupt the operation of the Services or any servers or networks connected to the Services.
  5. Access or attempt to access non-public areas of the Services, or probe, scan, or test the vulnerability of any system or network related to the Services.
  6. Share login credentials with any third party or use another user’s account without authorization.

9. DISCLAIMER OF WARRANTIES

  1. AS IS / AS AVAILABLE
    • THE SERVICES, CONTENT, AND ALL PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.
  2. NO GUARANTEE
    • TWISTED SUGAR DOES NOT GUARANTEE THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT ANY CONTENT IS ACCURATE OR RELIABLE.
  3. PRODUCT WARRANTIES
    • ANY PRODUCT WARRANTIES, IF APPLICABLE, ARE PROVIDED BY THE FRANCHISE LOCATION OR THIRD PARTIES, AND NOT BY TWISTED SUGAR CORPORATE.
  4. EXCLUSIONS
    • TO THE MAXIMUM EXTENT PERMITTED BY LAW, TWISTED SUGAR DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

10. LIMITATION OF LIABILITY

  1. Exclusion of Certain Damages
    • TO THE FULLEST EXTENT PERMITTED BY LAW, TWISTED SUGAR AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES OR PRODUCTS.
  2. Limitation on Liability
    • IN NO EVENT SHALL TWISTED SUGAR’S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE SERVICES EXCEED ONE HUNDRED U.S. DOLLARS (US $100) OR THE AMOUNT YOU PAID TO TWISTED SUGAR FOR THE SERVICES THAT ARE THE SUBJECT OF THE CLAIM, WHICHEVER IS GREATER.
  3. Jurisdictional Limitations
    • SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR LIABILITIES; IN SUCH JURISDICTIONS, THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU.

11. INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Twisted Sugar and its officers, directors, employees, agents, affiliates, franchisees, and licensors from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

  1. Your use of the Services or Products.
  2. Your violation of these Terms or any applicable law.
  3. Your User Content or any infringement by you of any third party’s rights.

12. TERMINATION

  1. Termination by You
    • You may stop using our Services at any time. If you wish to delete your account, you may do so by contacting us or following instructions provided on our Services.
  2. Termination by Twisted Sugar
    • We reserve the right to suspend or terminate your access to the Services, at our sole discretion, at any time and without notice if you violate these Terms or for any other reason.
  3. Effect of Termination
    • Upon termination, all licenses and other rights granted to you in these Terms will immediately cease. Sections of these Terms that by their nature should survive termination will survive.

13. DISPUTE RESOLUTION

  1. Governing Law
    • These Terms and any dispute or claim arising out of or in connection with them shall be governed by and construed under the laws of the State of Utah, without regard to its conflict-of-law principles.
  2. Arbitration
    • You agree that any dispute or claim relating in any way to your use of the Services will be resolved by binding arbitration rather than in court, except that you may assert claims in small claims court if your claims qualify.
  3. Class Action Waiver
    • Any proceedings to resolve or litigate any dispute in any forum will be conducted solely on an individual basis. Neither you nor Twisted Sugar will seek to have any dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity.

(Consult your local jurisdiction’s requirements for additional or alternative language regarding dispute resolution and arbitration.)

14. INTERNATIONAL ACCESS

Our Services are controlled and operated from the United States. We make no representations that the Services or Content are appropriate or available for use in other locations. If you choose to access the Services from outside the U.S., you do so on your own initiative and are responsible for compliance with local laws.

15. SEVERABILITY

If any provision of these Terms is determined to be invalid, illegal, or unenforceable, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms shall remain in full force and effect.

16. NO WAIVER

No failure or delay by Twisted Sugar to exercise a right or to require performance of an obligation under these Terms shall act as a waiver of that right or obligation. Any waiver by Twisted Sugar must be in writing to be effective.

17. ENTIRE AGREEMENT

These Terms, together with our [Privacy Policy] and any additional terms or policies incorporated by reference, constitute the entire agreement between you and Twisted Sugar regarding your use of the Services, superseding any prior or contemporaneous agreements, communications, or understandings.

18. CONTACT US

If you have any questions or concerns about these Terms or our Services, please contact us at:

  • Mail: 407 North Main Street
  • Email: info@twistedsugar.com
  • Phone: 385-200-1804

19. DISCLAIMER

These Terms of Service are provided for informational purposes only and do not constitute legal advice. Requirements vary by jurisdiction. We strongly recommend that you consult with a qualified attorney to ensure compliance with all applicable laws and regulations.

By accessing or using our Services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.