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All trademarks, logos, service marks and trade names are proprietary to Times Three Clothier, LLC dba/ Yummie Tummie, dba/ YummieLife.com or other respective owners that have granted the Site the right and license to use such intellectual property.
The information, services, products offered for sale and materials contained in and/or advertised on the Site, including, without limitation, text, graphics and links, are provided on an "As Is" basis with no warranty. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YummieLife.com AND ITS SUPPLIERS DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. In addition, YummieLife.com and its suppliers do not represent or warrant that the information accessible via the Site is accurate, complete or current. We are not responsible for typographical errors. Price and availability information is subject to change without notice.
Most products displayed on the Site are also available in select retail and department stores that carry Yummie Tummie products in the United States while supplies last. In some cases, merchandise displayed for sale on the Site may not be available in those stores. The prices displayed on the Site are quoted in U.S. dollars and are valid and effective only in the United States. The particular technical specifications and settings of your computer and its display could effect the accuracy of its display of the colors of products offered on the Site.
IN NO EVENT SHALL TIMES THREE CLOTHIER, LLC OR ANY OF ITS AFFILIATED ENTITIES OR SUPPLIERS BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION, UNDER CONTRACT, NEGLIGENCE OR ANY OTHER THEORY, ARISING OUT OF OR IN CONNECTION WITH THE USE, INABILITY TO USE OR PERFORMANCE OF THE INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM THE SITE. These limitations shall apply notwithstanding any failure of essential purpose or the existence of any limited remedy. Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you.
This Submission Release Agreement is a legally binding agreement made by and between Times Three Clothier, LLC d/b/a Yummie Tummie and you, personally.
BY CLICKING ON THE “I AGREE” ICON, YOU AGREE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO BE SO BOUND, PLEASE CLICK ON THE “I DO NOT AGREE” ICON.
a. You are submitting a written statement, photo(s), and/or video (hereinafter referred to as the “Material”) to Yummie Tummie with the understanding that Yummie Tummie may use your submitted Material on its website and/or in other marketing and informational materials that may be distributed to or visible by the public.
b. You understand that Yummie Tummie receives numerous submissions of Materials and that Yummie Tummie does not purchase or provide any compensation for such submissions. You further understand that Yummie Tummie will refuse to accept, consider, or evaluate submissions of your Material unless you have agreed to the terms and conditions of this agreement, and that no confidential or fiduciary relationship is established by your submitting any Material to Yummie Tummie.
c. By submitting your Material to Yummie Tummie, you hereby assign all right, title, and interest, including without limitation, all copyrights, patents, trademarks and all other intellectual property and proprietary rights in the Material (and all renewals, extensions, reissues and the like thereof) to Yummie Tummie. You shall not retain any right, title, or interest whatsoever in the Material, including, without limitation, rights of attribution, claims based on your “moral rights” and similar theories, and liens, encumbrances or the like.
d. By submitting your Material to Yummie Tummie, you hereby agree that Yummie Tummie may use and exploit the Material, or any part thereof, without any obligation, liability, or duty whatsoever to you and without payment whatsoever to you. You agree that nothing contained in this Agreement, nor your submission of Material to Yummie Tummie, shall be deemed to form the basis of any right, liability, claim, or demand against Yummie Tummie or any of Yummie Tummie’s clients or any person or entity to whom Yummie Tummie shows said Material.
e. You warrant that you are either the author and owner of all rights to the Material or have the exclusive right and authority to submit the Material to Yummie Tummie with the full knowledge and consent of the owner(s) of the Material upon the terms and conditions stated herein.
f. You agree and acknowledge that no contract or obligation of any kind, other than those arising pursuant to the express terms of this Agreement, is assumed by Yummie Tummie or may be implied against Yummie Tummie by reason of Yummie Tummie’s review or use of the Material. Specifically, it is understood that neither your submission of the Material, nor Yummie Tummie’s review or use thereof, constitutes or creates an implied-in-fact or implied-in-law contract, even if there exists an industry custom or practice to the contrary.
g. You will indemnify Yummie Tummie and hold Yummie Tummie harmless from and against any and all third party claims, expenses losses, damages, or liabilities (including but not limited to reasonable attorneys’ fees and punitive damages) that may be asserted against Yummie Tummie or incurred by Yummie Tummie at any time in connection with the Material, or any use thereof, including, but not limited to, those arising from any breach of any promise or warranty given by you herein. You hereby release Yummie Tummie of and from any and all claims, demands, and liabilities of every kind whatsoever, known or unknown, that may arise in relation to the Material or by reason of any claim now or hereafter made by you that Yummie Tummie has used or appropriated the Material.
h. All disputes arising out of or relating to this Agreement will be exclusively resolved under confidential binding arbitration held in the city, county and state of New York, before and in accordance with the Rules of the American Arbitration Association. The arbitrator’s award will be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement will be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
i. You hereby state that you have read and understand this Agreement and that this Agreement represents the entire understanding with reference to the subject matter hereof. Any modification or waiver of any of the provisions of this Agreement must be in writing and signed by both parties. To the extent any provision hereof shall be found to be invalid or unenforceable, such provision shall be modified so as to make such provision enforceable, if permitted by applicable law, or deleted herefrom, and in either case all other provisions of this Agreement shall remain in full force and effect.
The laws of the State of New York will govern these disclaimers, terms and conditions without giving effect to any principles of conflict of law.
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