Terms of Use
Terms and Conditions of Use
By accessing, browsing, or using www.yummyandtrendy.com website, you acknowledge that you have read, understood, and agree to the following Terms and Conditions and Privacy Policy. If you you do not agree to these terms, please do not use this website. The terms “we”, “us”, “our”, “Y &T” , “Partners”, “Website”, “Site” refers to Yummy & Trendy Website. The terms “you” and “your” refers to you, the person accessing this website and accepting the Terms of Use and Privacy Policy. Although you may "bookmark" a particular portion of this Website and thereby bypass these Terms of Use, your use of this Site still binds you to them. Y & T reserve the right, at their sole discretion, to change, modify or otherwise alter the Site and these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the Terms of Use periodically and carefully. Your continued use of the Website following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
LICENSE TO USE SITE
Y & T grants you, if you are at least 13 years old or are visiting the Website under the supervision of a parent or guardian, a limited license allowing you to access and make personal and private use of this Website for the purpose of researching, evaluating and/or shopping for available Website products. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Y & T Website so long as the link does not use any proprietary content from the Y & T Website (e.g., you cannot use a logo from the Website as a button-icon for your link) and does not portray the Y &T Website, or the Website's products or services in a false, misleading, derogatory, or otherwise offensive matter. However, you are strictly prohibited from deep linking to this Website or using any other unauthorized linking technology to access or connect to this Website. You are also granted a limited, revocable, and nonexclusive right to download one (1) copy of any images or graphics that appear on the Y & T Website on one (1) single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends. You are strictly prohibited from downloading any materials or content from the Y & T Website in any environment of networked computers. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. You cannot otherwise transmit, distribute, reproduce, copy, e-mail, send, publish, display, modify, store, create derivative works from, sell or participate in any sale of or exploit in any way, or otherwise make use of such personal copy of any image or graphic from the Y &T Website or any other part of the Website contents. You are not allowed to make any commercial or other use of the Website or any portion of it. You are not allowed to download (other than page caching), store, or modify the Site or any portion of it. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; any reverse-engineering, translating or modifying of the Site; or any use of data mining, robots, spiders or other similar extraction tools to monitor or copy this Site. You may not frame or use framing techniques to enclose any trademark, logo, graphic or other proprietary information (including images, text, page layout, or form) of the Y & T Website without express written consent. You may not use any metatags or other "hidden text" utilizing Yummy & Trendy’s name or any of the trademarks appearing on the Y & T Website. Any unauthorized use of the Site terminates the limited license granted herein. Nothing contained on the Site should be construed as granting any license or right to use any trademarks, logos, graphics or images displayed on the Site.
In addition, you are prohibited from harming or misusing the Site in any way, including, but not limited to, hacking into the Site's systems; stopping or impeding the functionality of the Site; sending, distributing, or otherwise transmitting fraudulent or fake e-mails, including phishing e-mails, attributed to or referencing the Y & T Website; and/or uploading to, distributing or otherwise publishing through the Y & T Website any information or material that (a) violates or infringes the proprietary rights of any person or entity, including any and all Y & T Parties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or (c) includes any viruses, worms, Trojan horses or other harmful code or properties.
If your use of the Site violates the law or harms any other Site user or the Site itself, Y & T reserve the right, in their sole discretion, to refuse to provide you with services and to terminate your Site account, if you have one, and/or to cancel any orders you may have placed. If you register with the Site to create an account or if you purchase any product(s), you agree to provide current, true, and factually accurate information about yourself, as requested during the account registration and/or ordering process. If you supply any false, inaccurate, incomplete or otherwise misleading information about yourself or your identity, for any reason, or if Y & T Parties have any reason to suspect that you have acted in this manner to misinform the Site, then the Y & T Parties, in their sole discretion, have the right to suspend or terminate your account, cancel part or all of any order and can refuse you current or future use of the Site.
ACCURACY OF SITE CONTENTS
The Y & T Parties use their best efforts to ensure that the Site contents are accurate and current. However, there may sometimes be information on the Site containing typographical errors, inaccuracies, or omissions possibly relating to product descriptions, pricing, availability, color and other matters. The Y & T Parties make no warranties or representations regarding the accuracy of such information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you, even if such corrections occur after you have placed an order. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Y & T Website purchase you may return it with your invoice by mail and receive an online credit . Please see our Return Policy.
Proprietary Rights/Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the company’s products and services and the full content of this website.
INTELLECTUAL PROPERTY
Yummy & Trendy own all copyrights, patents, proprietary information, technologies, products, processes or other proprietary rights in or derived from all Website materials, including, but not limited to, code, graphics, images, illustrations, designs, icons, photographs, audio clips, video clips, digital downloads, data compilations, button icons, logos, computer software and text (collectively, the "Y & T Website Content"). All worldwide rights, titles and interests are reserved.
Trademarks
Yummy & Trendy and other Y & T Website trade names, service marks, service names, product names, graphics, logos, page headers, button icons, and scripts, whether or not delineated with trademark symbols or emphasized in any other manner, are trademarks, registered trademarks in the U.S. and/or other countries (collectively, the "Marks"). Failure of a mark to appear does not mean that Yummy a & Trendy does
not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market.
SUBMISSION OF IDEAS AND INFORMATION TO THE JSC WEBSITE
The Y & T Parties shall have a permanent, irrevocable license to modify, retransmit, license, distribute, sell or otherwise use in any manner any and all information, including suggestions, product designs, and ideas that you submit to them through your use of this Site, without any obligation to compensate or further notify you of such use.
YOUR WEBSITE ACCOUNT
If you use the Y &T Website, you may be required to establish a Site account and may need to select a password and account user name. You alone are responsible for maintaining the confidentiality of your account log-in information, including your password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to (a) immediately notify the Y & T Parties of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log-off from your account at the end of your every use of the Site. The Y &T Website sells products that may appeal to under-age individuals, but such products are sold to adults, who can use a credit card or another accepted payment method. If you are under 13, you may use the Site only under a parent or guardian's supervision. The Y &T Parties reserve the right to refuse service, terminate accounts or purchase orders, or remove or edit content in their sole discretion and will not be liable for any loss or damage you allege or sustain arising from your failure to comply with this paragraph.
USER COMMENTS, FEEDBACK, REVIEWS AND OTHER POSTED USER CONTENT
Users of the Y &T Website may post comments, including reviews, feedback, and other content and submit suggestions, ideas, comments, materials, questions, or other information (collectively, "User Content"), so long as the substance of your User Content is not illegal, obscene, threatening, libelous, defamatory, invasive of privacy, scandalous, inflammatory, pornographic or profane, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any posted content. The Y &T Parties reserve the right (but not the obligation) to remove or edit such User Content, but does not regularly review it.
If you do post User Content, which you provide to the Y &T Website on a non-confidential and non-proprietary basis, you grant the Y &T Parties a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted, and fully transferable and sublicensable right to use your User Content for any purpose whatsoever, including use, reproduction, modification, adaption, publication, translation, broadcast, transmission, creation of derivative works from, distribution, and display throughout the world in any media. You grant Y & T the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that you are the sole author of and/or own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate these Terms of Use and will not cause injury to any person or entity or violate the right of any third party; that you are at least 13 years old; that you voluntarily waive any "moral rights' that you may have in such User Content; and that you will indemnify the Y &T Parties for all claims resulting from the User Content you supply. You are and shall remain solely responsible for the User Content you provide. The Y &T Parties take no responsibility and assume no liability for any User Content posted by you or any third party. The Y &T Parties reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular internet address to this Site.
ELECTRONIC COMMUNICATIONS
When you visit the Y &T Website or send e-mails to the Y & T Parties, you are communicating with us electronically. Through such use of the Site, you agree to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these types of communications be in writing.
RISK OF LOSS
The risk of loss and title for all items purchased by you from the Y & T Website will pass to you upon our delivery of such items to the carrier who will make final delivery to you.
PRODUCT AVAILABILITY
The Y &T Parties take pride in providing exclusive, quality merchandise. Some featured items may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will either post a message that it is "out of stock" or attempt to remove it promptly from display on the Y &T Website. Display of an item on the Site does not guarantee that it is currently in stock or that it will be available in the future. If you cannot find an item you saw during a previous Site visit or if you have questions concerning the availability of an item, please contact Customer Service at contact@yummyandtrendy.com. We will make every effort to fulfill your requests whenever possible.
PRICING
Except where noted otherwise, the listed price displayed for products on the Y &T Website represents the full retail product price identified on the product hang-tag. Prices displayed on the Y & T Website are quoted in U.S. currency and are valid and effective only in the United States. Prices are subject to change at any time and the listed price may or may not represent the prevailing price in every location where Yummy & Trendy products are available, on any given day.
Please note that the Y &T Parties are unable to confirm the price of an item until after you place your order; however, we do NOT charge your credit card until after your order has entered the shipping process. If however, your credit card is inadvertently charged, you will promptly receive a credit to your card for the erroneously charged amount. Despite our best efforts, a small number of items shown on the Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
PRODUCT INFORMATION, DISPLAY AND COLORS
The Y &T Website makes every reasonable effort to provide you with accurate product information and to display as accurately as possible the colors, textures or details of the Site's available products. However, the Y & T Parties do not warrant that product descriptions or other content presented on this Site are accurate, complete, reliable, current, or error-free. We cannot guarantee that your computer monitor's display of any product will be accurate and, as such, will not be held responsible for any differences in the actual product and the display of it on your monitor. If you are dissatisfied with any item you purchase from the Y & T Website, due to any perceived differences in its display or description on the Site, you may return it and receive an online credit for another product, so long as it is in unused condition. Please review our posted content on the Site concerning Returns for more information.
WEBSITE ORDERS
We may, at our own discretion, limit or cancel quantities of products purchased per person, per household or per order. We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we change an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time you made the order. We reserve the right to limit or prohibit sales to dealers, resellers or distributors. If you do not agree to these terms, please do not use this Site.
LINKS TO THIRD-PARTY WEBSITES AND SERVICES
The Y &T Website may contain links to third-party websites, the availability and content of which are not under the Site's control. The Y & T Parties make no representations or warranties about any linked third-party websites and have no responsibility for the linked websites or their content nor do they necessarily endorse them. Any linked third-party websites are provided solely for the convenience and information of the Site users and you should link to them at your own risk. In addition, certain third-party sites may provide links to the Y & T Website. None of these third-party-hosted links should be deemed to imply an endorsement by the Y & T Parties of such third-party host site or its content.
The Y &T Parties expressly disclaim any responsibility or liability for any damage, loss, or injury that you may incur arising out of your interaction with any third-party website accessed initially through a link made available through the Site.
DISCLAIMER OF WARRANTIES
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED, DISTRIBUTED, AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE WEBSITE'S OPERATION OR CONTENT, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET-ENJOYMENT, DATA ACCURACY AND SYSTEMS INTEGRATION, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE Y & T PARTIES EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH SUCH MATERIALS AND THE SITE ITSELF MAY BE MODIFIED AT ANY TIME WITHOUT NOTICE.
THE Y &T PARTIES DO NOT WARRANT: THAT THE SITE, ITS CONTENTS, INFORMATION, MATERIALS, OFFERED PRODUCTS OR SERVICES WILL BE ACCURATE, RELIABLE OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENT WILL BE CORRECTED; THAT THE SITE, E-MAILS SENT FROM IT, OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE THAT MAY BE HARMFUL; OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR SOFTWARE YOU USE WHEN USING OUR WEBSITE. NEITHER THE JSC PARTIES NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF THE JSC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THE SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, THE TOTAL LIABILITY OF THE Y & T PARTIES TO YOU FOR ANY DAMAGES (REGARDLESS OF THE REASON THEREFORE) WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY ACTUALLY PAID BY YOU DURING THE SIX (6) WEEKS IMMEDIATELY BEFORE THE ACT THAT YOU STATE GIVES RISE TO YOUR ALLEGED CLAIM AGAINST THE Y &T PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Y &T Parties, their affiliates, parents and respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Site from and against any and all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of the Site or from any violation of these Terms of Use by you. The Y &T Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to this indemnification by you, in which event you agree to fully cooperate with the Y &T Parties in asserting any available defenses.
MISCELLANEOUS
Unless otherwise specified, this Website and the Contents thereof are displayed solely for the purpose of promoting those Website products and services available in the United States and Canada. Access to this Website from other locations where its use or content is illegal is prohibited. Visitors to this Site are responsible for their own compliance with local laws regarding website use and access. This Site is controlled by the Y &T Parties.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to and/or revise our Site, policies, legal notices, and these Terms of Use at any time. All such changes and revisions will be effective immediately upon being posted or made to this Site. By surfing, using, browsing or making any purchases or request for services from the Y & T Website, you acknowledge that you have received notice of, have read, understood and consent to be bound by any changes to these Terms of Use and to any changes to the Site or the Site policies and legal notices and you agree to comply with all applicable laws and regulations. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. If you do not agree with these conditions, please do not use the Site.
TERMINATION
These Terms of Use are effective unless and until terminated by the Y & T Parties, at any time. In addition to any other legal or equitable remedy, the Y &T Parties may revoke any or all of your rights under these Terms of Use or terminate these Terms of Use immediately without notice. The Y &T Parties can also deny you access to the Site and revoke any password(s) and/or account information issued to you, if in their sole discretion, you fail to comply with any term or provision of these Terms of Use or other Site legal notices and policies. Upon such termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made pursuant to these Terms of Use or otherwise.
© 2017 ALL RIGHTS RESERVED. Yummy & Trendy, Inc.
By accessing, browsing, or using www.yummyandtrendy.com website, you acknowledge that you have read, understood, and agree to the following Terms and Conditions and Privacy Policy. If you you do not agree to these terms, please do not use this website. The terms “we”, “us”, “our”, “Y &T” , “Partners”, “Website”, “Site” refers to Yummy & Trendy Website. The terms “you” and “your” refers to you, the person accessing this website and accepting the Terms of Use and Privacy Policy. Although you may "bookmark" a particular portion of this Website and thereby bypass these Terms of Use, your use of this Site still binds you to them. Y & T reserve the right, at their sole discretion, to change, modify or otherwise alter the Site and these Terms of Use at any time. Such changes and/or modifications shall become effective immediately upon the posting thereof. Please review the Terms of Use periodically and carefully. Your continued use of the Website following the posting of changes and/or modifications will constitute your acceptance of the revised Terms of Use.
Our store is hosted on Shopify Inc. They provide us with the online e-commerce platform that allows us to sell our products and services to you.
LICENSE TO USE SITE
Y & T grants you, if you are at least 13 years old or are visiting the Website under the supervision of a parent or guardian, a limited license allowing you to access and make personal and private use of this Website for the purpose of researching, evaluating and/or shopping for available Website products. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of the Y & T Website so long as the link does not use any proprietary content from the Y & T Website (e.g., you cannot use a logo from the Website as a button-icon for your link) and does not portray the Y &T Website, or the Website's products or services in a false, misleading, derogatory, or otherwise offensive matter. However, you are strictly prohibited from deep linking to this Website or using any other unauthorized linking technology to access or connect to this Website. You are also granted a limited, revocable, and nonexclusive right to download one (1) copy of any images or graphics that appear on the Y & T Website on one (1) single computer for your personal, non-commercial use only, provided you do not alter or remove any copyright, trademark, author attribution or other proprietary notices and legends. You are strictly prohibited from downloading any materials or content from the Y & T Website in any environment of networked computers. No right, title or interest in any downloaded materials is transferred to you as a result of any such downloading. You cannot otherwise transmit, distribute, reproduce, copy, e-mail, send, publish, display, modify, store, create derivative works from, sell or participate in any sale of or exploit in any way, or otherwise make use of such personal copy of any image or graphic from the Y &T Website or any other part of the Website contents. You are not allowed to make any commercial or other use of the Website or any portion of it. You are not allowed to download (other than page caching), store, or modify the Site or any portion of it. This license does not include any resale or commercial use of this Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another merchant; any reverse-engineering, translating or modifying of the Site; or any use of data mining, robots, spiders or other similar extraction tools to monitor or copy this Site. You may not frame or use framing techniques to enclose any trademark, logo, graphic or other proprietary information (including images, text, page layout, or form) of the Y & T Website without express written consent. You may not use any metatags or other "hidden text" utilizing Yummy & Trendy’s name or any of the trademarks appearing on the Y & T Website. Any unauthorized use of the Site terminates the limited license granted herein. Nothing contained on the Site should be construed as granting any license or right to use any trademarks, logos, graphics or images displayed on the Site.
In addition, you are prohibited from harming or misusing the Site in any way, including, but not limited to, hacking into the Site's systems; stopping or impeding the functionality of the Site; sending, distributing, or otherwise transmitting fraudulent or fake e-mails, including phishing e-mails, attributed to or referencing the Y & T Website; and/or uploading to, distributing or otherwise publishing through the Y & T Website any information or material that (a) violates or infringes the proprietary rights of any person or entity, including any and all Y & T Parties; (b) is libelous, threatening, defamatory, obscene, indecent, pornographic or could give rise to any civil or criminal liability under any law; or (c) includes any viruses, worms, Trojan horses or other harmful code or properties.
If your use of the Site violates the law or harms any other Site user or the Site itself, Y & T reserve the right, in their sole discretion, to refuse to provide you with services and to terminate your Site account, if you have one, and/or to cancel any orders you may have placed. If you register with the Site to create an account or if you purchase any product(s), you agree to provide current, true, and factually accurate information about yourself, as requested during the account registration and/or ordering process. If you supply any false, inaccurate, incomplete or otherwise misleading information about yourself or your identity, for any reason, or if Y & T Parties have any reason to suspect that you have acted in this manner to misinform the Site, then the Y & T Parties, in their sole discretion, have the right to suspend or terminate your account, cancel part or all of any order and can refuse you current or future use of the Site.
ACCURACY OF SITE CONTENTS
The Y & T Parties use their best efforts to ensure that the Site contents are accurate and current. However, there may sometimes be information on the Site containing typographical errors, inaccuracies, or omissions possibly relating to product descriptions, pricing, availability, color and other matters. The Y & T Parties make no warranties or representations regarding the accuracy of such information. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice to you, even if such corrections occur after you have placed an order. We apologize for any inconvenience this may cause you. If you are not completely satisfied with your Y & T Website purchase you may return it with your invoice by mail and receive an online credit . Please see our Return Policy.
Proprietary Rights/Copyright Notice
Copyright and other relevant intellectual property rights exists on all text relating to the company’s products and services and the full content of this website.
INTELLECTUAL PROPERTY
Yummy & Trendy own all copyrights, patents, proprietary information, technologies, products, processes or other proprietary rights in or derived from all Website materials, including, but not limited to, code, graphics, images, illustrations, designs, icons, photographs, audio clips, video clips, digital downloads, data compilations, button icons, logos, computer software and text (collectively, the "Y & T Website Content"). All worldwide rights, titles and interests are reserved.
Trademarks
Yummy & Trendy and other Y & T Website trade names, service marks, service names, product names, graphics, logos, page headers, button icons, and scripts, whether or not delineated with trademark symbols or emphasized in any other manner, are trademarks, registered trademarks in the U.S. and/or other countries (collectively, the "Marks"). Failure of a mark to appear does not mean that Yummy a & Trendy does
not use the mark nor does it mean that the product is not actively marketed or is not significant within its relevant market.
SUBMISSION OF IDEAS AND INFORMATION TO THE JSC WEBSITE
The Y & T Parties shall have a permanent, irrevocable license to modify, retransmit, license, distribute, sell or otherwise use in any manner any and all information, including suggestions, product designs, and ideas that you submit to them through your use of this Site, without any obligation to compensate or further notify you of such use.
YOUR WEBSITE ACCOUNT
If you use the Y &T Website, you may be required to establish a Site account and may need to select a password and account user name. You alone are responsible for maintaining the confidentiality of your account log-in information, including your password, and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password, whether or not authorized by you. You agree to (a) immediately notify the Y & T Parties of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log-off from your account at the end of your every use of the Site. The Y &T Website sells products that may appeal to under-age individuals, but such products are sold to adults, who can use a credit card or another accepted payment method. If you are under 13, you may use the Site only under a parent or guardian's supervision. The Y &T Parties reserve the right to refuse service, terminate accounts or purchase orders, or remove or edit content in their sole discretion and will not be liable for any loss or damage you allege or sustain arising from your failure to comply with this paragraph.
USER COMMENTS, FEEDBACK, REVIEWS AND OTHER POSTED USER CONTENT
Users of the Y &T Website may post comments, including reviews, feedback, and other content and submit suggestions, ideas, comments, materials, questions, or other information (collectively, "User Content"), so long as the substance of your User Content is not illegal, obscene, threatening, libelous, defamatory, invasive of privacy, scandalous, inflammatory, pornographic or profane, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam." You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of any posted content. The Y &T Parties reserve the right (but not the obligation) to remove or edit such User Content, but does not regularly review it.
If you do post User Content, which you provide to the Y &T Website on a non-confidential and non-proprietary basis, you grant the Y &T Parties a nonexclusive, royalty-free, perpetual, irrevocable, unrestricted, and fully transferable and sublicensable right to use your User Content for any purpose whatsoever, including use, reproduction, modification, adaption, publication, translation, broadcast, transmission, creation of derivative works from, distribution, and display throughout the world in any media. You grant Y & T the right to use the name that you submit in connection with such User Content, if they choose. You represent and warrant that you are the sole author of and/or own or otherwise control all of the rights to the User Content that you post; that the User Content is accurate; that use of the User Content you supply does not violate these Terms of Use and will not cause injury to any person or entity or violate the right of any third party; that you are at least 13 years old; that you voluntarily waive any "moral rights' that you may have in such User Content; and that you will indemnify the Y &T Parties for all claims resulting from the User Content you supply. You are and shall remain solely responsible for the User Content you provide. The Y &T Parties take no responsibility and assume no liability for any User Content posted by you or any third party. The Y &T Parties reserve the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular internet address to this Site.
ELECTRONIC COMMUNICATIONS
When you visit the Y &T Website or send e-mails to the Y & T Parties, you are communicating with us electronically. Through such use of the Site, you agree to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that these types of communications be in writing.
RISK OF LOSS
The risk of loss and title for all items purchased by you from the Y & T Website will pass to you upon our delivery of such items to the carrier who will make final delivery to you.
PRODUCT AVAILABILITY
The Y &T Parties take pride in providing exclusive, quality merchandise. Some featured items may be available only in limited quantities or only while supplies last. Once an item is out of stock, we will either post a message that it is "out of stock" or attempt to remove it promptly from display on the Y &T Website. Display of an item on the Site does not guarantee that it is currently in stock or that it will be available in the future. If you cannot find an item you saw during a previous Site visit or if you have questions concerning the availability of an item, please contact Customer Service at contact@yummyandtrendy.com. We will make every effort to fulfill your requests whenever possible.
PRICING
Except where noted otherwise, the listed price displayed for products on the Y &T Website represents the full retail product price identified on the product hang-tag. Prices displayed on the Y & T Website are quoted in U.S. currency and are valid and effective only in the United States. Prices are subject to change at any time and the listed price may or may not represent the prevailing price in every location where Yummy & Trendy products are available, on any given day.
Please note that the Y &T Parties are unable to confirm the price of an item until after you place your order; however, we do NOT charge your credit card until after your order has entered the shipping process. If however, your credit card is inadvertently charged, you will promptly receive a credit to your card for the erroneously charged amount. Despite our best efforts, a small number of items shown on the Site may be mispriced. If an item's correct price is higher than our stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
PRODUCT INFORMATION, DISPLAY AND COLORS
The Y &T Website makes every reasonable effort to provide you with accurate product information and to display as accurately as possible the colors, textures or details of the Site's available products. However, the Y & T Parties do not warrant that product descriptions or other content presented on this Site are accurate, complete, reliable, current, or error-free. We cannot guarantee that your computer monitor's display of any product will be accurate and, as such, will not be held responsible for any differences in the actual product and the display of it on your monitor. If you are dissatisfied with any item you purchase from the Y & T Website, due to any perceived differences in its display or description on the Site, you may return it and receive an online credit for another product, so long as it is in unused condition. Please review our posted content on the Site concerning Returns for more information.
WEBSITE ORDERS
We may, at our own discretion, limit or cancel quantities of products purchased per person, per household or per order. We reserve the right to refuse any order you place with us. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we change an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time you made the order. We reserve the right to limit or prohibit sales to dealers, resellers or distributors. If you do not agree to these terms, please do not use this Site.
LINKS TO THIRD-PARTY WEBSITES AND SERVICES
The Y &T Website may contain links to third-party websites, the availability and content of which are not under the Site's control. The Y & T Parties make no representations or warranties about any linked third-party websites and have no responsibility for the linked websites or their content nor do they necessarily endorse them. Any linked third-party websites are provided solely for the convenience and information of the Site users and you should link to them at your own risk. In addition, certain third-party sites may provide links to the Y & T Website. None of these third-party-hosted links should be deemed to imply an endorsement by the Y & T Parties of such third-party host site or its content.
The Y &T Parties expressly disclaim any responsibility or liability for any damage, loss, or injury that you may incur arising out of your interaction with any third-party website accessed initially through a link made available through the Site.
DISCLAIMER OF WARRANTIES
THIS WEBSITE AND ALL INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS SITE ARE PROVIDED, DISTRIBUTED, AND TRANSMITTED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE WEBSITE'S OPERATION OR CONTENT, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET-ENJOYMENT, DATA ACCURACY AND SYSTEMS INTEGRATION, OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. THE Y & T PARTIES EXPRESSLY DISCLAIM ANY DUTY TO UPDATE OR REVISE THE MATERIALS ON THIS SITE, ALTHOUGH SUCH MATERIALS AND THE SITE ITSELF MAY BE MODIFIED AT ANY TIME WITHOUT NOTICE.
THE Y &T PARTIES DO NOT WARRANT: THAT THE SITE, ITS CONTENTS, INFORMATION, MATERIALS, OFFERED PRODUCTS OR SERVICES WILL BE ACCURATE, RELIABLE OR ERROR-FREE, OR THAT ANY ERRORS IN SUCH CONTENT WILL BE CORRECTED; THAT THE SITE, E-MAILS SENT FROM IT, OR THE SERVER(S) THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR ANYTHING ELSE THAT MAY BE HARMFUL; OR THAT YOUR USE OF THE SITE WILL BE UNINTERRUPTED. YOU ASSUME FULL RESPONSIBILITY FOR ALL COSTS ASSOCIATED WITH ALL NECESSARY SERVICING OR REPAIRS OF ANY EQUIPMENT OR SOFTWARE YOU USE WHEN USING OUR WEBSITE. NEITHER THE JSC PARTIES NOR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THIS SITE OR ANY ASPECT THEREOF SHALL BE LIABLE FOR ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, INDIRECT, EXEMPLARY OR PUNITIVE DAMAGES, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR ACCESS, USE OR INABILITY TO USE THIS SITE, OR ERRORS OR OMISSION IN THE CONTENT THEREOF, EVEN IF THE JSC PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT ACCESS TO AND USE OF THE SITE AND THE CONTENT THEREOF IS AT YOUR SOLE RISK.
LIMITATION OF LIABILITY
TO THE EXTENT ALLOWED BY LAW, THE TOTAL LIABILITY OF THE Y & T PARTIES TO YOU FOR ANY DAMAGES (REGARDLESS OF THE REASON THEREFORE) WILL NOT EXCEED THE TOTAL AMOUNT OF MONEY ACTUALLY PAID BY YOU DURING THE SIX (6) WEEKS IMMEDIATELY BEFORE THE ACT THAT YOU STATE GIVES RISE TO YOUR ALLEGED CLAIM AGAINST THE Y &T PARTIES.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless the Y &T Parties, their affiliates, parents and respective officers, directors, employees, agents, licensors, representatives, and third-party providers to the Site from and against any and all claims, damages, losses, costs and expenses, including reasonable attorneys' fees, arising from or related to your use of the Site or from any violation of these Terms of Use by you. The Y &T Parties reserve the right to assume, at their sole expense, the exclusive defense and control of any matter subject to this indemnification by you, in which event you agree to fully cooperate with the Y &T Parties in asserting any available defenses.
MISCELLANEOUS
Unless otherwise specified, this Website and the Contents thereof are displayed solely for the purpose of promoting those Website products and services available in the United States and Canada. Access to this Website from other locations where its use or content is illegal is prohibited. Visitors to this Site are responsible for their own compliance with local laws regarding website use and access. This Site is controlled by the Y &T Parties.
SITE POLICIES, MODIFICATION, AND SEVERABILITY
We reserve the right to make changes to and/or revise our Site, policies, legal notices, and these Terms of Use at any time. All such changes and revisions will be effective immediately upon being posted or made to this Site. By surfing, using, browsing or making any purchases or request for services from the Y & T Website, you acknowledge that you have received notice of, have read, understood and consent to be bound by any changes to these Terms of Use and to any changes to the Site or the Site policies and legal notices and you agree to comply with all applicable laws and regulations. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition. If you do not agree with these conditions, please do not use the Site.
TERMINATION
These Terms of Use are effective unless and until terminated by the Y & T Parties, at any time. In addition to any other legal or equitable remedy, the Y &T Parties may revoke any or all of your rights under these Terms of Use or terminate these Terms of Use immediately without notice. The Y &T Parties can also deny you access to the Site and revoke any password(s) and/or account information issued to you, if in their sole discretion, you fail to comply with any term or provision of these Terms of Use or other Site legal notices and policies. Upon such termination, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials, whether made pursuant to these Terms of Use or otherwise.
© 2017 ALL RIGHTS RESERVED. Yummy & Trendy, Inc.