Terms of Use of Tutti Frutti Frozen Yogurt® Website

This web page represents a legal document that serves as our Terms of Use and it governs the legal terms of our website, http://tfyogurt.com/, sub-domains, and any associated web-based and mobile applications (collectively, “Website”), as owned and operated by Tutti Frutti Frozen Yogurt®

1. Acceptance the Use of the Website’s Terms of Use

Your access to and use of the Website is subject exclusively to these Terms of Use. You will not use the Website for any purpose that is unlawful or prohibited by these Terms of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. By using the Website you are fully accepting and bounded by the terms, conditions and disclaimers contained in this notice, so review them with care before using the Website. Please review them carefully. If you do not accept our Terms of Use, do not access and use the Website. If you have already accessed the Website and do not accept our Terms of Use, you should immediately discontinue use of the Website.

Capitalized terms, unless otherwise defined, have the meaning specified within the Definitions section below.

• The terms “us” or “we” or “our” refers to the Tutti Frutti Frozen Yogurt® Website, its owners, affiliates and subsidiaries, (collectively “Tutti Frutti Frozen Yogurt®”).
• The terms “you”, “visitor” or “user” is someone who browses the Website.
• Our “Service” represents the collective functionality and features as offered through the Website to our users.
• All text, information, graphics, audio, video, and data offered through the Website are collectively known as our “Content”.

2. Purpose of Tutti Frutti Frozen Yogurt® Website

This Website is to provide you with information about our company’s products which you may be interested in.

3. Electronic Communications

Accessing and browsing the Website or sending emails to us constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

We do not knowingly collect, either online or offline, personal information from persons under the age of thirteen (13). If you are under 18, you may use the Website only with permission of a parent or guardian.

4. Links to Third Party Websites

This Website may include links to third party websites that are controlled and maintained by others. Any link to other websites is not an endorsement of such websites and you acknowledge and agree that we are not responsible for the content or availability of any such sites.

5. Copyright

All copyright, trademarks and all other intellectual property rights in the Website and its content (including without limitation the Website design, text, graphics and all software and source codes connected with the Website) are owned by or licensed to Tutti Frutti Frozen Yogurt® or otherwise used by Tutti Frutti Frozen Yogurt® as permitted by law.

In accessing the Website you agree that you will access the content solely for your personal, non-commercial use. None of the content may be downloaded, copied, reproduced, transmitted, stored, sold or distributed without the prior written consent of the copyright holder. This excludes the downloading, copying and/or printing of pages of the Website for personal, non-commercial home use only.

6. Digital Millennium Copyright Act (“DMCA”) Notice

On the other hand, if you believe any material available on the Website infringes a copyright you own or control, you may file a notification of such infringement with us at:

Tutti Frutti Frozen Yogurt®
2100 E. Valencia Drive, Suite B-2,
Fullerton, CA 92831

(562) 802-0240

Please see Article 17 US Code Section 512(c)(3) for the requirements of a proper notification.

7. License to Use

Permission is granted to temporarily download one copy of the materials (information or software) on the Website for personal, non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

• modify or copy the materials;
• use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
• attempt to decompile or reverse engineer any software contained on the Website;
• remove any copyright or other proprietary notations from the materials; or
• transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by us at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

8. Change of Use

Tutti Frutti Frozen Yogurt® reserves the right to:
8.1 change or remove (temporarily or permanently) the Website or any part of it without notice and you confirm that we shall not be liable to you for any such change or removal; and
8.2 change these Terms of Use at any time, and your continued use of the Website following any changes shall be deemed to be your acceptance of such change.

9. Termination

We may terminate your access to the Website, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

10. Disclaimers and Limitation of Liability

The Website is provided on an AS IS and AS AVAILABLE basis without any representation or endorsement made and without warranty of any kind whether express or implied, including but not limited to the implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security and accuracy.

To the extent permitted by law, we will not be liable for any indirect or consequential loss or damage whatsoever (including without limitation loss of business, opportunity, data, profits) arising out of or in connection with the use of the Website.

We make no warranty that the functionality of the Website will be uninterrupted or error free, that defects will be corrected or that the Website or the server that makes it available are free of viruses or anything else which may be harmful or destructive.

Nothing in these Terms of Use shall be construed so as to exclude or limit our liability for death or personal injury as a result of the negligence of Tutti Frutti Frozen Yogurt® or that of its employees or agents.

11. Indemnity

You agree to indemnify and hold us and our employees and agents harmless from and against all liabilities, legal fees, damages, losses, costs and other expenses in relation to any claims or actions brought against us arising out of any breach by you of these Terms of Use or other liabilities arising out of your use of the Website.

12. Severance

If any of these Terms of Use should be determined to be invalid, illegal or unenforceable for any reason by any court of competent jurisdiction then such Term or Condition shall be severed and the remaining Terms of Use shall survive and remain in full force and effect and continue to be binding and enforceable.

13. Governing Law

Any claim relating to the Website shall be governed by the laws of the State of California without regard to its conflict of law provisions.

14. Updates to Website’s Terms of Use

The last update to our Terms of Use was posted on 16 October 2013.

15. Contacting us

If you have any questions about this Terms of Use, the practices of this site, or your dealings with this site, please contact us at:

Tutti Frutti Frozen Yogurt®
2100 E. Valencia Drive, Suite B-2,
Fullerton, CA 92831

(562) 802-0240