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TERMS OF USE
ALL PERSONS ARE
DENIED ACCESS TO THIS SITE UNLESS THEY READ AND ACCEPT THIS TERMS OF
USE POLICY AND THE PRIVACY POLICY.
BY
VIEWING, VISITING, USING, OR INTERACTING WITH THIS WEBSITE OR WITH ANY
BANNER, POP-UP, OR ADVERTISING THAT APPEARS ON IT, YOU ARE AGREEING TO
ALL THE PROVISIONS OF THIS TERMS OF USE POLICY AND THE PRIVACY POLICY
OF THIS WEBSITE.
ALL
PERSONS UNDER THE AGE OF 18 ARE DENIED ACCESS TO THIS
WEBSITE. IF YOU
ARE UNDER 18 YEARS OF AGE, IT IS UNLAWFUL FOR YOU TO VISIT, READ, OR
INTERACT WITH THIS WEBSITE OR ITS CONTENTS IN ANY MANNER.
THIS WEBSITE
SPECIFICALLY DENIES ACCESS TO ANY INDIVIDUAL THAT IS COVERED BY THE
CHILD ONLINE PRIVACY ACT (COPA) OF 1998.
THIS
WEBSITE RESERVES THE RIGHT TO DENY ACCESS TO ANY PERSON OR VIEWER FOR
ANY REASON. UNDER THE TERMS OF THE PRIVACY POLICY, WHICH YOU
ACCEPT AS
A CONDITION FOR VIEWING, THE WEBSITE IS ALLOWED TO COLLECT AND STORE
DATA AND INFORMATION FOR THE PURPOSE OF EXCLUSION AND FOR MANY OTHER
USES.
THESE
TERMS OF USE AGREEMENT MAY CHANGE FROM TIME TO TIME. VISITORS
HAVE AN
AFFIRMATIVE DUTY, AS PART OF THE CONSIDERATION FOR PERMISSION TO VIEW
THIS WEBSITE, TO KEEP THEMSELVES INFORMED OF CHANGES.
PARTIES TO THE TERMS
OF USE AGREEMENT
Visitors, viewers,
users, subscribers, members, or customers, collectively referred to
herein as "Visitors,"
are parties to this agreement. This website and its owners
and/or
operators are parties to this agreement, herein referred to as "Website."
This Website is owned and operated by yayFOOD via yayFOOD,
LLC, PO Box 216., Fairless Hills, PA 19030.
USE OF INFORMATION
FROM THIS WEBSITE
Unless
you have entered into an express written contract with this website to
the contrary, visitors, viewers, subscribers, members, or customers
have no right to use this information in a commercial or public
setting; they have no right to broadcast it, copy it, save it, print
it, sell it, or publish any portions of the content of this
website.
By viewing the contents of this website you agree to this condition of
viewing and you acknowledge that any unauthorized use is unlawful and
may subject you to civil or criminal penalties. Again,
Visitor has no
rights whatsoever to use the content of, or portions thereof, this
Website including its databases, invisible pages, linked pages,
underlying code, or other intellectual property the site may contain,
for any reason for any use whatsoever. Visitor agrees to
liquidated
damages in the amount of U.S.$100,000 in addition to costs and actual
damages for breach of this provision. Visitor warrants that
he or she
understands that accepting this provision is a condition of viewing and
that viewing constitutes acceptance.
TERMS APPLYING TO
JOINT VENTURES BROKERED BY yayFOOD LLC
yayFOOD,
LLC shall have full, exclusive and complete authority and discretion in
the management and control of the business of the joint venture and
shall have the final say in any marketing decisions affecting the
business of the joint venture. The parties to the joint
venture shall
have no liability to the other for any loss suffered which arises out
of any action or inaction if, in good faith, it is determined that such
course of conduct was in the best interests of the joint venture and
such course of conduct did not constitute negligence or misconduct. The
parties to the joint venture shall each be indemnified by the other
against losses, judgments, liabilities, expenses and amounts paid in
settlement of any claims sustained by it in connection with the joint
venture.
The
party retaining the services of Fantastic Marketing, LLC shall keep
adequate books and records at its place of business, setting forth a
true and accurate account of all business transactions arising out of
and in connection with the conduct of the joint venture and shall, at
all times, make such books and records available for review by yayFOOD,
LLC and its principles and officers..
OWNERSHIP OF WEBSITE
OR RIGHT TO USE, SELL, PUBLISH CONTENTS OF THIS WEBSITE
The
website and its contents are owned or licensed by yayFOOD,
LLC.
Material contained on the website must be presumed to be proprietary
and copyrighted. Visitors have no rights whatsoever in the
site
content. Use of website content for any reason is unlawful
unless it
is done with express contract or permission of the website.
HYPERLINKING TO SITE,
CO-BRANDING, "FRAMING" AND REFERENCING SITE PROHIBITED
Unless
expressly authorized by the Website, no one may hyperlink this site, or
portions thereof, (including, but not limited to, logotypes, images,
trademarks, or copyrighted material) to theirs for any
reason.
Further, you are not allowed to reference the URL (website address) of
this website in any commercial or non-commercial media without express
permission, nor are you allowed to 'frame' the site. Visitor
specifically agrees to cooperate with the Website to remove or
de-activate any such activities and Visitor be liable for all
damages.
Visitor hereby agrees to liquidated damages of US$100,000.00 plus costs
and actual damages for violating this provision.
DISCLAIMER FOR
CONTENTS OF SITE
The
website disclaims any responsibility for the accuracy of the content of
this website. Visitors assume the all risk of viewing, reading, using,
or relying upon this information. Unless you have otherwise
formed an
express contract to the contrary with the website, you have no right to
rely on any information contained herein as accurate. The
website
makes no such warranty.
DISCLAIMER
FOR HARM CAUSED TO YOUR COMPUTER OR SOFTWARE FROM INTERACTING WITH THIS
WEBSITE OR ITS CONTENTS. VISITOR ASSUMES ALL RISK OF VIRUSES, WORMS, OR
OTHER CORRUPTING FACTORS.
The
website assumes no responsibility for damage to computers or software
of the visitor or any person the visitor subsequently communicates with
from corrupting code or data that is inadvertently passed to the
visitor's computer. Again, visitor views and interacts with
this site,
or banners or pop-ups or advertising displayed thereon, at his own risk.
DISCLAIMER FOR HARM
CAUSED BY DOWNLOADS
Visitor
downloads information from this site at this own risk.
Website makes
no warranty that downloads are free of corrupting computer codes,
including, but not limited to, viruses and worms.
LIMITATION OF
LIABILITY
By
viewing, using, or interacting in any manner with this site, including
banners, advertising, or pop-ups, downloads, and as a condition of the
website to allow his lawful viewing, Visitor forever waives all right
to claims of damage of any and all description based on any causal
factor resulting in any possible harm, no matter how heinous or
extensive, whether physical or emotional, foreseeable or unforeseeable,
whether personal or business in nature.
INDEMNIFICATION
Visitor
agrees that in the event he causes damage, which the Website is
required to pay for, the Visitor, as a condition of viewing, promises
to reimburse the Website for all.
SUBMISSIONS
Visitor
agrees as a condition of viewing, that any communication between
Visitor and Website is deemed a submission. All submissions,
including
portions thereof, graphics contained thereon, or any of the content of
the submission, shall become the exclusive property of the Website and
may be used, without further permission, for commercial use without
additional consideration of any kind. Visitor agrees to only
communicate that information to the Website, which it wishes to forever
allow the Website to use in any manner as it sees fit.
"Submissions"
is also a provision of the Privacy Policy.
NOTICE
No
additional notice of any kind for any reason is due Visitor and Visitor
expressly warrants an understanding that the right to notice is waived
as a condition for permission to view or interact with the website.
DISPUTES
As
part of the consideration that the Website requires for viewing, using
or interacting with this website, Visitor agrees to use binding
arbitration for any claim, dispute, or controversy ("CLAIM") of any
kind (whether in contract, tort or otherwise) arising out of or
relating to this purchase, this product, including solicitation issues,
privacy issues, and terms of use issues.
Arbitration
shall be conducted pursuant to the rules of the American Arbitration
Association which are in effect on the date a dispute is submitted to
the American Arbitration Association. Information about the
American
Arbitration Association, its rules, and its forms are available from
the American Arbitration Association, 335 Madison Avenue, Floor 10, New
York, New York, 10017-4605. Hearing will take place in the
city or
county of the Seller.
In no case shall the viewer, visitor, member, subscriber or
customer
have the right to go to court or have a jury trial. Viewer,
visitor,
member, subscriber or customer will not have the right to engage in
pre-trial discovery except as provided in the rules; you will not have
the right to participate as a representative or member of any class of
claimants pertaining to any claim subject to arbitration; the
arbitrator's decision will be final and binding with limited rights of
appeal.
The
prevailing party shall be reimbursed by the other party for any and all
costs associated with the dispute arbitration, including attorney fees,
collection fees, investigation fees, travel expenses.
JURISDICTION AND VENUE
If
any matter concerning the use of this Website shall be brought before a
court of law, pre- or post-arbitration, Viewer, visitor, member,
subscriber or customer agrees to that the sole and proper jurisdiction
to be the City of Fairless Hills, County of Bucks, State of
Pennsylvania, United States of America. In the event that
litigation is
in a federal court, the proper court shall be the federal court in the
Northern District of Pennsylvania.
APPLICABLE LAW
Viewer,
visitor, member, subscriber or customer agrees that the applicable law
to be applied shall, in all cases, be that of the state of City of
Fairless Hills, County of Bucks, State of Pennsylvania, United States
of America.
CONTACT INFORMATION
yayFOODadmin (at)
gmail.com
yayFOOD,
LLC
PO Box 216
Fairless
Hills, PA 19030 |