Terms and Conditions

YUMMY TUMMY FROZEN YOGURT LOUNGE TERMS OF USE

Welcome to the YUMMY TUMMY FROZEN YOGURT LOUNGE ("Yummy Tummy", "we" or "us") website, www.ytfroyo.com (the "Site").   Your access to and use of this Site is subject to these Terms and Conditions of Use ("Terms").  By accessing this Site, you ("you") agree to be bound by these Terms regardless of whether or not you have read them. If you do not agree to these Terms, do not access this Site. The Site is not targeted towards, nor intended for use by, anyone under the age of 13. If you are between the ages of 13 and 18, you may only use the Site under the supervision of a parent or legal guardian who agrees to be bound by these Terms.

CHANGES TO TERMS AND CONDITIONS

Yummy Tummy may at any time, and at its sole discretion, modify these Terms, including without limitation the Privacy Policy, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms periodically and your continued use of this Site following such modifications will indicate your acceptance of these modified Terms.  If you do not agree to any modification of these Terms, you must immediately stop using this Site.

INTELLECTUAL PROPERTY, COPYRIGHT AND TRADEMARK NOTICE

This Site and its contents, including but not limited to, all Site software, design, text, editorial materials, informational text, photographs, visual interfaces, user interfaces, images, graphics, illustrations, video, sound, games, clips, artwork and other materials, (all such content collectively referred to as "Content"), and the design, structure, selection, coordination, expression, look and feel and arrangement of such Content, are protected under United States and international copyright laws and are the property of Yummy Tummy or its third party licensors. All rights are reserved by Yummy Tummy.  All logos, splash screens, page headers, custom graphics and button icons displayed on this Site are service marks, names, logos, trademarks, service marks and/or trade dress (collectively, "Marks") of Yummy Tummy or its third party licensors. Except as specifically permitted herein, copying, distributing, transmitting, displaying, modifying, selling or participating in the sale of, or otherwise exploiting or using any Content or any Marks in any form or by any means without the express written permission of Yummy Tummy is prohibited and may violate the copyright, trademark or unfair competition laws of the United States and/or other countries.  Yummy Tummy Frozen Yogurt Lounge name, design and related marks are trademarks of Yummy Tummy Frozen Yogurt Lounge ® 2014 Yummy Tummy Frozen Yogurt Lounge All rights reserved

Yummy Tummy hereby grants you a personal, non-exclusive, non-assignable and non-transferable license to use and display the Content for noncommercial and personal use only; provided that you maintain all copyright and other notices contained in such Content. Yummy Tummy, content providers and content providers' licensors do not transfer any title, right or interest to or in any Content to you. You agree not to reproduce, modify, create derivative works from, display, perform, distribute, sell, rent, lease, transfer, sublicense, disseminate, broadcast or circulate any Content to any third party (including, without limitation, the display and distribution of Content via a third party website) without express prior written consent of Yummy Tummy. Use of Content is only permitted with the express written permission of Yummy Tummy and/or its licensors. You further agree that you will not disassemble, decompile, reverse engineer, modify or otherwise reduce the computer file in which the Content is stored to a human-readable form. In addition, you may not attempt to circumvent, avoid, bypass, remove, deactivate, impair or otherwise defeat any encryption, rights signaling or copy protection technology in which the Content is wrapped or otherwise associated with, and you may not edit, modify, translate, or create adaptations of the Content.

This Section will survive the termination of your right to use this Site.

YOUR COMMENTS AND TRANSMISSIONS

We appreciate your comments, reviews, photos, content, remarks, feedback, suggestions, ideas, inventions, artwork, developments, concepts, and other types of communications, materials and submissions you disclose or transmit to us or to publicly-accessible social networks such as Facebook®, Twitter®, Instagram®, Path®, TwitPic®, Lockerz® and similar information and image gathering and sharing services (collectively, "Submissions"). So long as no personally identifiable information is disclosed, Yummy Tummy is free to use the Submissions for any purpose whatsoever. By making a Submission, you grant Yummy Tummy and its affiliates a perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right and license to make, use, reproduce, modify, adapt, publish, translate, create derivative works of, distribute, publicly perform, publicly display, develop, manufacture, advertise, and market your Submissions and any related copyrights, moral rights or other intellectual property rights therein throughout the world, in any medium or technology of any kind now existing or developed in the future.  If you elect to forward to us or to publicly-accessible social networks any such Submission, then by doing so, you acknowledge that (1) we are not liable for any use, disclosure, or return to you of your Submission, (2) no confidential relationship is established or is to be implied in any way from our receipt of the Submission and any statement to the contrary with your Submission shall not alter this condition, (3) you understand that you will not be entitled to any compensation from us based upon your Submission or our use thereof, (4) the receipt of your Submission shall not constitute a waiver by us of our rights to contest the validity of any copyright, or other intellectual property rights that you may now or hereafter claim for the Submission, and (5) any previously, concurrently or subsequently submitted materials relating to this Submission shall be considered to have been submitted in accordance with these conditions.  By making a Submission, you also warrant that you own the material/content submitted, that it is original, that it is not defamatory, and that Yummy Tummy’s use of the Submission will not violate any third party's rights.  Yummy Tummy is under no obligation to use any Submission or any part thereof. 

Further, you grant Yummy Tummy and its sublicensees the right to use the name that you submit in connection with such materials and content, if they choose. You represent and warrant that you own or otherwise control all of the rights to any Submission and in the materials and content that you post; that the content is accurate; that use of any Submission, materials or content you supply does not and will not cause injury to any person or entity; and that you will indemnify Yummy Tummy and its sublicensees for all claims resulting from any Submission, materials and content you supply. Yummy Tummy has the right but not the obligation to monitor and edit or remove any activity or content on www.ytfroyo.com. Yummy Tummy takes no responsibility and assumes no liability for Submissions and/or any materials or content posted by you or any third party.

We ask that you do not submit confidential information or materials to us. We will not keep the Submission confidential and we may use it as we see fit. By submitting anything to us, you acknowledge that the Submission is not confidential, or that even if you think that it is, you are waiving any rights you may have to the Submission being confidential or any ownership interest you think that you have in the Submission.  Also, please do not submit anything to us that you have done for your employer during the course of your employment.

YOUR OBLIGATIONS

In providing registration and other information to Yummy Tummy, you agree to provide true, accurate, current and correct information about yourself, and to maintain and update registration information to keep it true, accurate, current and complete. If Yummy Tummy has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Yummy Tummy has the right to suspend or terminate your account and refuse any and all current or future use of the account.

In using this Site you agree that you will not: (a) post, disseminate or transmit unauthorized advertising, promotional materials, chain letters, junk mail or any other type of unsolicited mass email to people or entities who have not agreed to be part of such mailings; (b) omit, delete, forge or misrepresent transmission information, including headers, return mailing and Internet protocol addresses, or otherwise manipulate identifiers to disguise the origin of any content; (c) impersonate any person or entity, or falsely state or otherwise misrepresent an affiliation with any person or entity; (d) engage in any activities intended to withhold or cloak identity or contact information; (e) send harassing and/or threatening messages to others; (f) post excessive responses to interactive features or functions of this Site; or (g) engage in "flooding," i.e., ICMP flooding and mail bombing (sending large amounts of email repeatedly to the same email address).

You agree that you are responsible for your own communications and that you will not post, disseminate or transmit any content that: (a) is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortious, libelous, or invasive of another's privacy; (b) infringes or violates any party's copyright, trademark, trade secret, patent or other proprietary right including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information protected as a trade secret in violation of a duty of confidentiality; (c) you do not have the right to disseminate or transmit under law or under contractual or fiduciary relationships; or (d) contains personally identifiable information belonging to minors.

To the extent that the following activities are prohibited by applicable law, in using this Site you will not: (a) use the Site for any illegal purpose, in violation of any applicable laws or regulations; (b) publish web pages that contain links that initiate downloads or streaming of copyright-infringing or other illegal material; (c) electronically stalk or otherwise electronically harass another; or (d) engage in any Internet activities that would violate the personal privacy rights of others, including but not limited to, collecting and distributing information about Internet users without their permission, except as permitted by applicable law.

To the extent that any of the following activities materially interfere with this Site or the network and systems of a Yummy Tummy service provider ("Service"), you will not: (a) post, disseminate or transmit any worm, viruses or other harmful, disruptive or destructive files, code or programs on this Site; (b) use Internet Relay Chat (IRC) bots, i.e., programs that utilize excessive resources by connecting to an IRC network and running 24 hours per day; (c) hinder the ability of others to use IRC; (d) disrupt the normal flow on this Site or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; (e) interfere with, disrupt, or harm in any way the servers or networks connected to this Site or Service; (f) use this Site or Service to access the accounts of others without permission; (g) attempt to penetrate security measures of this Site, Service, or another entity, or obtain or bypass others' passwords; or (h) engage in denial of service attacks, i.e., actions designed to impair network access by flooding a site or the Internet with useless traffic.

RELIANCE ON INFORMATION

This Site may include inaccuracies or typographical errors that may be corrected as they are discovered at Yummy Tummy’s sole discretion.   Also, changes are periodically made to the information contained herein.

MODIFICATIONS TO THE SITE

Changes may be made at any time to the information, names, text, software, images, pictures, logos, trademarks, products and services and any other material displayed on, offered through or contained on this Site.  Further, Yummy Tummy reserves the right, for any reason, in its sole discretion, to terminate, change or suspend any aspect of the Site including but not limited to content, features or hours of availability. Yummy Tummy may impose limits on certain features of the Site or restrict your access to part or all of the Site without notice or penalty.

PRIVACY

Our Privacy Policy applies to use of this Site, and its terms are made a part of these Terms by this reference.  Please review this privacy statement and print a copy for your records.  Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.  This Site does not intend to target or collect personal information from individuals under the age of 13.

RSS FEEDS

RSS (Really Simple Syndication) feeds may be provided by us to you as a quick and easy way for you to distribute information from this Site, our social network websites (such as Instagram®, Twitter® and Facebook®) or from your YUMMY TUMMY REWARDS account. If we do provide you with RSS Feeds, they will be accessible through an XML-based URL that can be accessed with an RSS reader of your choice. Use of personal RSS feeds that contain information about your YUMMMY TUMMY REWARDS account is at your own discretion. If you use personal RSS feeds, you consent that the information in the feeds will be transferred to the location in which you enable the RSS feed. Yummy Tummy will not pass any personally identifiable information in your feed. However, your use of an RSS feed may cause personally identifiable information that is associated with the RSS feed to be associated with you. You acknowledge that your use of an RSS feed and any personally identifiable information associated with it is at your sole discretion and risk.

Use of the Yummy Tummy RSS feeds is for non-commercial, personal use. Whether or not you use an RSS feed is entirely at your discretion. You may not modify the RSS feeds. If an RSS feed contains an attribution to Yummy Tummy, you may not remove the attribution. Yummy Tummy provides no warranty regarding its RSS feeds and reserves the right to terminate or modify the feeds at any time without notice. Yummy Tummy is not responsible for any loss or damage incurred by you or anyone else due to your use of an RSS feed.

WIDGETS

We may provide you access to widgets. A widget is a small software application that allows you to share content from your YUMMY TUMMY REWARDS account.  Each Widget you create accesses a personal RSS feed. You can use your Yummy Tummy Widgets anywhere you can publish JavaScript, including your webpage, your blog or on social networking sites that support web page customization.

Yummy Tummy will not reveal any personally identifiable information within the Widget. However, if you choose to install a Widget, this may cause personally identifiable information that is associated with the widget to be associated with you. Yummy Tummy does not take responsibility for any personal information you choose to be associated with Widgets. You acknowledge that your use of a widget and any personally identifiable information associated with it is at your sole discretion and risk. Do not install a Widget if you are not comfortable allowing indefinite access to the information feeds from your YUMMY TUMMY REWARDS account pertaining to that Widget.

Use of the Yummy Tummy Widgets is for non-commercial, personal use. Whether or not you use a Widget is entirely at your discretion. You may not modify the Widget. If the Widget contains an attribution to Yummy Tummy, you may not remove that attribution. Yummy Tummy provides no warranty regarding its Widgets and reserves the right to terminate or modify Widgets at any time without notice. Yummy Tummy is not responsible for any loss or damage incurred by you or anyone else due to your use of a Widget.

 YUMMY TUMMY® GIFT CARDS

Yummy Tummy gift cards are not subject to any service fees or expiration dates. Your use of a gift card constitutes your acceptance of the complete terms and conditions (including the Dispute Resolution provisions). Yummy Tummy gift cards are redeemable for food, drink and eligible merchandise at participating Yummy Tummy locations in the US.  Eligible merchandise or services are determined by Yummy Tummy in its sole discretion and may be changed without notice.  Gift cards cannot be used to purchase other gift cards and you will not receive Yummy Tummy Points for the purchase of any gift card.  Gift cards cannot be redeemed for cash or applied as payment to any YUMMY TUMMY REWARDS account, unless required by law. Yummy Tummy gift cards may be redeemable for cash when their balance falls below a certain amount in other States as well.  Unless you have an original sales receipt for your gift card and your 7 digit gift card number, or unless it has been registered by you on www.ytfroyo.com, the remaining gift card value will not be replaced if lost, stolen or damaged.  The replacement value will be the remaining gift card value at the time the loss, theft or unauthorized use is reported. 

ADDING VALUE TO YOUR YUMMY TUMMY GIFT CARD

In the United States, you can load a dollar value on a Yummy Tummy gift card by using a credit card, debit card or cash by visiting any participating Yummy Tummy location. You may not load more than $250 worth of value on each Yummy Tummy gift card. The minimum amount that must be loaded onto your Yummy Tummy gift card is $5. Yummy Tummy may change the maximum and minimum amounts at any time by notifying you at the point of sale, by phone when you call or on the Site, and such change shall not constitute an amendment to this agreement.

LOST, STOLEN OR DAMAGED GIFT CARD REPLACEMENT POLICY

Lost, stolen or damaged Yummy Tummy gift cards may be replaced with a new gift card in the amount of any remaining balance on the gift card after Yummy Tummy’s receipt of the number and proof of purchase (i.e., receipt) of the lost, stolen or damaged gift card matching your 7 digit rewards card. If your gift card has been lost, stolen or damaged, please mail: (1) the number of your old gift card, (2) an original Yummy Tummy store receipt indicating the purchase of the gift card, (3) a copy of a valid government issued I.D. (Driver's License, Military I.D., or Passport), and (4) your complete name and mailing address to: Yummy Tummy Frozen Yogurt Lounge Attn: Gift Cards Replacement, 12584 N Beach St., Ste. 114, Fort Worth, TX 76244.  Upon satisfactory receipt of these required information, Yummy Tummy will cancel your old gift card and issue a new gift card in the amount of any remaining balance on your old gift card on the date of Yummy Tummy’s receipt of the such information. The replacement gift card will be mailed to the address you provide, which must be a valid street address. P.O. Boxes will not be accepted. Please make a copy all documents you submit to us for your records. All documents submitted become Yummy Tummy’s  property and will not be returned. Please allow up to 8-12 weeks processing and for delivery of the replacement gift card. Yummy Tummy shall not be responsible for any lost, late, illegible, damaged, misdirected, incomplete or postage due mail. Reproduction, purchase, trade or sales of Report Form, gift card numbers, and/or cash register receipts are prohibited. Fraudulent submissions may result in prosecution under applicable federal mail fraud statutes. 

All disputes between you and Yummy Tummy regarding your purchase, use or non-use of any gift card shall be resolved by binding individual arbitration under the American Arbitration Association's rules for consumer-related disputes. Neither you nor Yummy Tummy will participate in a class action or class-wide arbitration for any claims covered by these Terms. If this class action waiver is found to be unenforceable in a particular case, then this entire arbitration agreement shall be null and void in that case. These terms shall be governed by the Federal Arbitration Act and, where consistent, Texas law. Yummy Tummy reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. Your use of a gift card constitutes your acceptance of this arbitration agreement.

YUMMY TUMMY

SPOT ON is the exclusive YUMMY TUMMY® rewards card program that allows you to earn Yummy Tummy Points for every qualified visit you make in any participating Yummy Tummy location.  All customers can join SPOT ON. There is no fee to join.  You will earn 1 Spot Point for every visit you make and do a qualified purchase in a participating location. You will earn 1 Spot Point upon complete registration of your initial YUMMY TUMMY REWARDS card/account. You will receive a $5 reward for every 500 Spot Points you earn. You will receive a $3 reward on your birthday (provided that you have registered your Yummy Tummy Rewards card at least two weeks prior to your registered date of birth). Your rewards are automatically saved on your Yummy Tummy Rewards account. To redeem them, you must present either your Yummy Tummy card, 7 digit Yummy Tummy account number, or the email you used to register your Yummy Tummy Rewards card, at time of purchase.  Your Yummy Tummy Rewards card can also be used as a prepaid/stored value card (see below). As a Yummy Tummy member, you may receive special promotions, coupons and invitations to exclusive events at Yummy Tummy locations.  You must present your Yummy Tummy rewards card at the time of check out to earn Spot Points; however, if you forget to show or bring your Yummy Tummy rewards card with you, please take your original receipt back to the Yummy Tummy store from which you made your purchase, and request your Yummy Tummy points for that purchase be added to your Yummy Tummy rewards account. If the Yummy Tummy store is unable to do so, please email us at customerservice@ytfroyo.com and attach a copy of your receipt for the previous qualified purchases along with your Yummy Tummy rewards card number and the email address with which you registered your Yummy Tummy rewards account.  This will allow us to update your account accordingly with Spot Points earned for any qualified visit you make in participating Yummy Tummy location(s).  If you cannot send an email, then you can mail a copy of your receipt and your Yummy Tummy rewards card number to Yummy Tummy Frozen Yogurt Lounge Attn:  Yummy Tummy Spot On Rewards Card, 12584 N Beach St., Ste. 114, Fort Worth, TX 76244. Email customerservice@ytfroyo.com for any additional questions.

Your use of a Yummy Tummy rewards card constitutes your acceptance of the complete terms and condition.  Yummy Tummy may at any time, and at its sole discretion, modify the terms and conditions, with or without notice. Such modifications will be effective immediately upon posting. You agree to review these Terms of use periodically and your continued use of your Yummy Tummy Rewards card following such modifications will indicate your acceptance of any modified terms and conditions of use. If you do not agree to any modification of the terms and conditions of use, you must immediately stop using your Yummy Tummy Rewards card.

Yummy Tummy may make changes to Yummy Tummy Rewards, including, without limitation, the benefits of the program, at any time, and from time to time, without prior notice.  Further, Yummy Tummy reserves the right to suspend or end the Yummy Tummy program without prior notice, in Yummy Tummy’s sole discretion. Yummy Tummy also reserves the right to suspend or end the Yummy Tummy rewards program or certain aspects and/or benefits thereof in certain geographic areas without prior notice.  Void where prohibited.

YUMMY TUMMY POINTS AND REWARDS

Regardless of the dollar value on your YUMMY TUMMY gift card, you'll earn Spot On Points every time you make a visit with a qualified purchase at a participating YUMMY TUMMY FROZEN YOGURT LOUNGE location as long as you present your YUMMY TUMMY REWARDS card at the time of purchase.  Qualified purchases are determined by YUMMY TUMMY FROZEN YOGURT LOUNGE in its sole discretion and may be changed without notice.  The purchase of a YUMMY TUMMY gift card and/or redemption of YUMMY TUMMY rewards are not qualified purchases; however, purchases (other than purchases of gift cards) made at a participating YUMMY TUMMY FROZEN YOGURT LOUNGE location using a YUMMY TUMMY gift card and/or a preloaded YUMMY TUMMY gift card (other than use of any YUMMY TUMMY rewards) are considered qualified purchases.  You cannot use rewards to purchase YUMMY TUMMY gift cards. Please note that your REWARD Points and rewards will expire upon the earlier of (a) 12 months of inactivity on your YUMMY TUMMY rewards card, or (b) the following YUMMY TUMMY Points and rewards expiration schedule: 

  1. Birthday Rewards, which are $3 rewards we give you on your birthday, expire 30 days after you receive your reward
  2. Earned $5 Rewards, which are $5 rewards we give you for every 500 YUMMY TUMMY Spot Points you earn, expire 60 days after you receive your reward
  3. Coupons and other rewards we may send you on a periodic basis that are neither Birthday Rewards or Earned $5 Rewards expire 30 days after you receive the coupon or reward

The only way to redeem your rewards from YUMMY TUMMY Points and/or your birthday and other rewards earned is by registering your YUMMY TUMMY REWARDS card and presenting your card at the register of a participating YUMMY TUMMY location at the time of check-out.  Until you register your YUMMY TUMMY REWARDS card, you will not be able to redeem your rewards.  You will, however, continue to accumulate YUMMY TUMMY Points for qualified purchases in participating YUMMY TUMMY FROZEN YOGURT LOUNGE locations.  If you want to combine your YUMMY TUMMY Points and/or rewards from multiple cards, simply register the YUMMY TUMMY REWARDS card that you will keep as your primary YUMMY TUMMY card and contact us via the CONTACT US section of the Site with your request to combine multiple YUMMY TUMMY cards.  We will need the numbers of all YUMMY TUMMY REWARDS cards and you will need to indicate which YUMMY TUMMY REWARDS card is the primary card; we will transfer your YUMMY TUMMY Points and/or rewards from the identified YUMMY TUMMY REWARDS cards to the one that you designate as your primary card, and then deactivate your other YUMMY TUMMY REWARDS cards.

USE OF YOUR YUMMY TUMMY GIFT CARD AS A PREPAID/STORED VALUE CARD

Your YUMMY TUMMY gift card allows you to load a dollar value on to it for future purchases at participating YUMMY TUMMY FROZEN YOGURT LOUNGE locations. The dollar value that you load onto your YUMMY TUMMY gift card is a prepayment only for the goods and services of participating YUMMY TUMMY FROZEN YOGURT LOUNGE locations. No credit card, credit line, overdraft protection or deposit account is associated with a YUMMY TUMMY gift card. Unless otherwise required by law or permitted by these Terms, any amount on your YUMMY TUMMY gift card is nonrefundable and may not be redeemed for cash. No interest, dividends or any other earnings on funds deposited to a YUMMY TUMMY gift card will accrue or be paid or credited to you by YUMMY TUMMY FROZEN YOGURT LOUNGE. The value associated with the YUMMY TUMMY REWARDS card is not insured by the Federal Deposit Insurance Corporation (FDIC).

Current YUMMY TUMMY FROZEN YOGURT LOUNGE locations in the United States accept your YUMMY TUMMY gift card. Certain YUMMY TUMMY FROZEN YOGURT LOUNGE-branded locations may not permit you to use the YUMMY TUMMY gift card for payment, including some airport, grocery and bookstore locations, or in stores located outside the United States.  We reserve the right not to accept any YUMMY TUMMY gift card or otherwise limit use of a YUMMY TUMMY gift card if we reasonably believe that the use is unauthorized, fraudulent or otherwise unlawful.

ADDING VALUE TO YOUR YUMMY TUMMY REWARDS

Your YUMMY TUMMY REWARDS can be used with your YUMMY TUMMY gift card. In the United States, you can load a dollar value on a YUMMY TUMMY gift card by using a credit card, debit card or cash by visiting any participating YUMMY TUMMY FROZEN YOGURT LOUNGE location. You may not load more than $250 worth of value on each YUMMY TUMMY gift card. The minimum amount that must be loaded onto your YUMMY TUMMY gift card is $5. YUMMY TUMMY FROZEN YOGURT LOUNGE may change the maximum and minimum amounts at any time by notifying you at the point of sale, by phone when you call or on the Site, and such change shall not constitute an amendment to this agreement.

RECEIPTS AND STATEMENTS

Account holders are not sent statements of itemized transactions from a YUMMY TUMMY REWARDS account. You can check the balance of your YUMMY TUMMY REWARDS account or review recent transactions on your YUMMY TUMMY REWARDS account online, or by calling 1-817-337-7444. You will need to have your YUMMY TUMMY REWARDS available in order to access your account. The account balance for a YUMMY TUMMY REWARDS or YUMMY TUMMY gift card also will appear on your receipt from a point-of-sale register. When you use your YUMMY TUMMY REWARDS, you will receive a receipt if you request one but will not be asked to sign the receipt. The receipt will indicate that the purchase was made using a YUMMY TUMMY REWARDS and will provide the remaining balance of your YUMMY TUMMY REWARDS. You should keep your receipts and check your online statement to ensure that your account balance is correct.

BILLINGS AND ERROR CORRECTIONS

We reserve the right to correct the balance/points/rewards of your YUMMY TUMMY REWARDS account if we believe that a clerical, billing or accounting error occurred. If you have questions regarding your transaction history or any correction, or if you dispute any transaction or correction that has been assessed against your YUMMY TUMMY REWARDS, please contact us via (CONTACT US LINK) page on the Site, or call 817-337-7444. We will conduct an investigation and communicate the results and correct any error that we verify as soon as we finish the investigation. If no error was found, we will communicate an explanation. We shall have no liability for any billing error unless you provide us notice within 30 days of the date of the transaction in question. You should monitor your transactions and account balances closely.

REGISTRATION, LIABILITY FOR UNAUTHORIZED TRANSACTIONS

Because your YUMMY TUMMY gift card is used like cash for purchases from participating YUMMY TUMMY FROZEN YOGURT LOUNGE locations, you are responsible for all transactions associated with your YUMMY TUMMY gift card, including unauthorized transactions.

YUMMY TUMMY CARD ACTIVATION

In order to activate a YUMMY TUMMY gift card, you must first obtain and activate a YUMMY TUMMY gift card at any participating YUMMY TUMMY FROZEN YOGURT LOUNGE location. Please note that you can use your YUMMY TUMMY gift card at the time of purchase to use as money. You must provide us with your email address and/or telephone number in order for us to be able to send to you special promotions, coupons and/or invitations to exclusive events from YUMMY TUMMY FROZEN YOGURT LOUNGE. 

REPLACING A LOST, FORGOTTEN OR STOLEN YUMMY TUMMY REWARDS ACCOUNT

If your YUMMY TUMMY REWARDS number is ever lost, forgotten or stolen, visit your local participating YUMMY TUMMY FROZEN YOGURT LOUNGE location and request a new YUMMY TUMMY REWARDS number. If you remember the YUMMY TUMMY REWARDS number of the YUMMY TUMMY REWARDS account you have lost, forgotten or stolen, a participating YUMMY TUMMY FROZEN YOGURT LOUNGE store will be able to deactivate your old account and issue you a new one.  If you do not remember your YUMMY TUMMY REWARDS number, you will need to obtain and/or register a new YUMMY TUMMY REWARDS number using a new telephone number, but the same email address you used to register your previous YUMMY TUMMY REWARDS that was lost, forgotten or stolen number.  Once you have done this, contact us via (CONTACT US LINK) section of the Site to request that your YUMMY TUMMY points and reward balances be transferred from your old YUMMY TUMMY REWARDS card to your new one.  We will need the new YUMMY TUMMY REWARDS number as well as the email address connected to your old account in order for us to be able to transfer your YUMMY TUMMY points and/or rewards. There is no warranty of the above at any time or locations. However the registration to a new YUMMY TUMMY REWARDS can be done at any time in your local participating YUMMY TUMMY FROZEN YOGURT LOUNGE location and/or online.

USERNAME, PASSWORD AND ACCESS TO YOUR YUMMY TUMMY REWARDS ACCOUNT

You are solely responsible for managing your password and for keeping your password confidential. No one from YUMMY TUMMY FROZEN YOGURT LOUNGE will be authorized to provide you your password.  If you forget your username or password, use the Contact Us section of the Site to request your user name or password.  For your privacy, we do not have access to your password information.  However, we can reset it for you so that you can update your account with a new password.  You are also solely responsible for restricting access to any computer you use to access your YUMMY TUMMY REWARDS membership. You agree that you are responsible for all activities that occur on your account or through use of your password by yourself or by other persons.  If we provide you with, and you opt for a "Remember me" feature for your YUMMY TUMMY REWARDS account, or if you login with your personal Facebook account, a cookie helps YUMMT TUMMY FROZEN YOGURT LOUNGE recall certain items of your specific information on subsequent visits, including your username and password. When you return to YUMMY TUMMY REWARDS, the information you previously provided can be retrieved, so that it is not necessary to enter your username and password to access certain functionality. While cookies are a convenience, please remember that if you elect the "Remember Me" option, anyone who can access the computer you are using will have the ability to access your account for certain functions and view certain information about your account. 

CONSENT TO ELECTRONIC COMMUNICATIONS

You consent to receive communications from YUMMY TUMMY FROZEN YOGURT LOUNGE about YUMMY TUMMY FROZEN YOGURT LOUNGE and/or your YUMMY TUMMY REWARDS membership electronically, either by e-mail or by notices posted on this Site, as determined by YUMMY TUMMY FROZEN YOGURT LOUNGE in its sole discretion. You agree that any requirement that a notice, disclosure, agreement, or other communication be sent to you by YUMMY TUMMY FROZEN YOGURT LOUNGE in writing is satisfied by such electronic communication. You agree that YUMMY TUMMY FROZEN YOGURT LOUNGE may send you e-mails, which include notices about your account as well as information pertaining to our service, such as featured products or new offerings. You agree that this information is part of your membership and your relationship with YUMMY TUMMY FROZEN YOGURT LOUNGE.

YUMMY TUMMY FROZEN YOGURT LOUNGE INTRODUCES YUMMY TUMMY REWARDS CANCELLATIONS

YUMMY TUMMY FROZEN YOGURT LOUNGE may suspend or cancel your YUMMY TUMMY REWARDS membership account, or otherwise restrict your use of any of YUMMY TUMMY FROZEN YOGURT LOUNGE’S services, in YUMMY TUMMY FROZEN YOGURT LOUNGE’S sole discretion, with or without cause.

DISCLAIMER

THIS SITE, ITS CONTENTS, AND ANY SOFTWARE, FUNCTIONS AND ALL INFORMATION, PRODUCTS AND SERVICES CONTAINED IN OR OFFERED THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. YUMMY TUMMY FROZEN YOGURT LOUNGE AND ITS LICENSORS AND CONTENT PROVIDERS EXPRESSLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT (INCLUDING, WITHOUT LIMITATION, NONINFRINGEMENT OF THIRD PARTY RIGHTS, ERROR-FREE OR UNINTERRUPTED SERVICE, ACCURACY AVAILABILITY, RELIABILITY, SECURITY, CURRENCY AND COMPLETENESS ARISING FROM OR RELATING TO THIS SITE, ITS CONTENT OR ANY LINKS, ANY SOFTWARE, TOOLS, TIPS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS SITE) AND ANY IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.  YUMMY TUMMY FROZEN YOGURT LOUNGE DOES NOT WARRANT THAT THIS SITE OR ITS CONTENTS WILL BE COMPLETE, ACCURATE, TIMELY, UNINTERRUPTED, SECURE OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. ALL INFORMATION ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

IN NO EVENT SHALL YUMMY TUMMY FROZEN YOGURT LOUNGE OR ANY OF ITS SUBSIDIARIES, AFFILIATES, FRANCHISEES, LICENSEES AND ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, SHAREHOLDERS, AGENTS, SUCCESSORS, ASSIGNS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR AGGRAVATED DAMAGES (INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF DATA, INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY AND THIRD PARTY CLAIMS) OR ANY OTHER DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH: THIS SITE; ANY CONTENT OR MATERIALS, INFORMATION, QUALIFICATION AND RECOMMENDATIONS APPEARING ON THIS SITE; ANY SOFTWARE, TOOLS, TIPS, PRODUCTS, OR SERVICES OFFERED THROUGH, CONTAINED IN OR ADVERTISED ON THIS SITE; ANY LINK PROVIDED ON THIS SITE; AND YOUR ACCOUNT AND PASSWORD, WHETHER OR NOT YUMMY TUMMY FROZEN YOGURT LOUNGE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS EXCLUSION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. THIS PROVISION SHALL SURVIVE THE TERMINATION OF YOUR RIGHT TO USE THIS SITE. 

YOU ACKNOWLEDGE THAT YOU WILL BE FULLY LIABLE FOR ALL DAMAGES RESULTING DIRECTLY OR INDIRECTLY FROM YOUR USE OF THIS SITE.

INDEMNIFICATION

You agree to defend, indemnify and hold Yummy Tummy Frozen Yogurt Lounge and each of its subsidiaries, affiliates, franchisees, licensees and any of their respective directors, officers, employees, shareholders, members, agents, licensees, successors, assigns or other representatives, harmless from and against any and all claims, losses, damages, liabilities, costs and expenses, including reasonable fees and expenses of counsel, incurred or suffered by them and arising from or related to your (i) use of the Site including, without limitation, transmission or placement of information or material by you on this Site or (ii) violation of any of these Terms.  This provision shall survive the termination of your right to use this Site.

DISPUTE RESOLUTION

All disputes between you and Yummy Tummy Frozen Yogurt Lounge arising or relating to: (a) these Terms; (b) this Site; (c) any advertisement or promotion relating to these Terms or this Site; or (d) transactions effectuated through this Site; or (e) the relationship which results from these Terms (including relationships with third parties who are not party to these Terms) shall be resolved by binding individual arbitration under the American Arbitration Association's rules for consumer-related disputes. Neither you nor Yummy Tummy Frozen Yogurt Lounge will participate in a class action or class-wide arbitration for any claims covered by these Terms. If this class action waiver is found to be unenforceable in a particular case, then this entire arbitration agreement shall be null and void in that case. These Terms shall be governed by the Federal Arbitration Act and, where consistent, Texas law. Yummy Tummy Frozen Yogurt Lounge reserves the right to change this dispute resolution provision, but any such changes will not apply to disputes filed before the effective date of the amendment. This provision will survive the termination of your right to use this Site.

TERMINATION

Yummy Tummy Frozen Yogurt Lounge may at any time and at its sole discretion terminate your right to use this Site.

GOVERNING LAW

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Texas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state and federal courts in Fort Worth, Tarrant County, Texas, and waive any objection to such jurisdiction or venue.

GENERAL PROVISIONS

Except for the portion of these Terms specifically labeled as the Yummy Tummy Rewards Terms and Conditions, which govern such program (the "Rewards Rules"), these Terms constitute a binding agreement between you and Yummy Tummy Frozen Yogurt Lounge and supersede all prior agreements, understandings and representations between the parties regarding the subject matter herein.  In the event of an inconsistency between these Terms and the Rewards Rules relating to your use of this Site, these Terms shall prevail. In the event of an inconsistency between these Terms and the Rewards Rules relating to your use of your Yummy Tummy Frozen Yogurt Lounge loyalty card or Yummy Tummy Points, the Rewards Rules shall prevail.  No failure by Yummy Tummy Frozen Yogurt Lounge or you to exercise any rights, powers or remedies hereunder or its delay to do so shall constitute a waiver of these rights, powers or remedies. The single or partial exercise of a right, power or remedy shall not prevent its subsequent exercise or the exercise of any other right, power or remedy. If any provision of these Terms or part thereof is or becomes illegal, invalid or unenforceable in any jurisdiction, the illegality, invalidity or unenforceability of that provision will not affect the legality, validity or enforceability of the remainder of the provision or the remaining provisions of these Terms, as the case may be, or the legality, validity or enforceability of that provision or part thereof in any other jurisdiction.  These Terms are effective until terminated by you or Yummy Tummy Frozen Yogurt Lounge, which Yummy Tummy Frozen Yogurt Lounge may do at any time, without notice, in its sole discretion. If you become dissatisfied with the Site, your only recourse is to immediately discontinue use of the Site. All provisions of the Terms regarding representations, warranties, indemnification, disclaimers, and limitations of liability shall survive the termination of the Terms. 

If you have any questions or comments about these Terms, please call us at 1-817-337-7444 or contact us “Contact Us site link”

LINKS

This Site contains links to or references to other web sites owned and operated by third party, including among others those of advertisers and other third parties and companies whose trademarks appear on the Site. These links are provided for your convenience only. No endorsement of any third party products, services or information is expressed or implied by any information, material or content of any third party contained in, referred to, included on, or linked from or to this Site. Any information, data, opinions, recommendation, products or services provided by such third parties through links to other websites or otherwise made available through their websites are solely those of such third parties and not of Yummy Tummy Frozen Yogurt Lounge or its affiliates. This could be the case even for those web sites that carry Yummy Tummy Frozen Yogurt Lounge’s or its affiliates' trademarks or logos or which are framed by the Site. Your use of such third party websites is subject to the terms and conditions of use and the privacy policies of such websites. We are not responsible for the information collection practices or the content of the sites to which we link.

SECURITY

In connection with any YUMMY TUMMY FROZEN YOGURT LOUNGE gift card or YUMMY TUMMY card, your personally identifiable and financial information are encrypted using SSL (Secure Socket Layer) encryption technology before being sent over the Internet. This is industry standard technology designed to protect the security of your information. To help prevent unauthorized access to your data, maintain data accuracy, and ensure the correct use of information, we have also established physical, electronic, and managerial procedures designed to safeguard and secure the information we collect online.

CONTACT US

If you have any questions or concerns regarding these Terms, please call us at 1-817-337-7444 or contact us “Contact Us site link”, or write to us at Yummy Tummy Frozen Yogurt Lounge Attn: Questions/Concerns, 12584 N Beach St., Ste. 114, Fort Worth TX 76244.

For privacy or security questions regarding any YUMMY TUMMY FROZEN YOGURT LOUNGE gift card, please call us at 1-817-337-7444, contact us “Contact Us site link” or write to us at Yummy Tummy Frozen Yogurt Lounge Attn: Privacy/Security, 12584 N. Beach St., Ste. 114, Fort Worth TX 76244.




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