TERMS OF USE

By accessing this web site, you are agreeing to be bound by these web site Terms and Conditions of Use, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. If you do not agree with any of these terms, you are prohibited from using or accessing this site. The materials contained in this web site are protected by applicable copyright and trade mark law.

Permission is granted to temporarily download one copy of the materials (information or software) on Yogurtland Franchising, Inc.’s web site 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:
1. modify or copy the materials;
2. use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
3. attempt to decompile or reverse engineer any software contained on Yogurtland Franchising, Inc.’s web site;
4. remove any copyright or other proprietary notations from the materials; or
5. 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 Yogurtland Franchising, Inc. 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.

The materials on Yogurtland Franchising, Inc.’s web site are provided “as is”. Yogurtland Franchising, Inc. makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Yogurtland Franchising, Inc. does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet web site or otherwise relating to such materials or on any sites linked to this site.

In no event shall Gino's Gelato Franchising, Inc. or its suppliers be liable for any damages (including, without limitation, damages for loss of data or profit, or due to business interruption,) arising out of the use or inability to use the materials on Yogurtland Franchising, Inc.’s Internet site, even if Gino's Gelato Franchising, Inc. or a Gino's Gelato Franchising, Inc. authorized representative has been notified orally or in writing of the possibility of such damage. Because some jurisdictions do not allow limitations on implied warranties, or limitations of liability for consequential or incidental damages, these limitations may not apply to you.

The materials appearing on Gino's Gelato Franchising, Inc.’s web site could include technical, typographical, or photographic errors. Yogurtland Franchising, Inc. does not warrant that any of the materials on its web site are accurate, complete, or current. Yogurtland Franchising, Inc. may make changes to the materials contained on its web site at any time without notice. Gino's Gelato Franchising, Inc. does not, however, make any commitment to update the materials.

Gino's Gelato Franchising, Inc. has not reviewed all of the sites linked to its Internet web site and is not responsible for the contents of any such linked site. The inclusion of any link does not imply endorsement by Yogurtland Franchising, Inc. of the site. Use of any such linked web site is at the user’s own risk.

Gino's Gelato Franchising, Inc. may revise these terms of use for its web site at any time without notice. By using this web site you are agreeing to be bound by the then current version of these Terms and Conditions of Use.

Any claim relating to Yogurtland Franchising, Inc.’s web site shall be governed by the laws of the State of California without regard to its conflict of law provisions.

General Terms and Conditions applicable to Use of a Web Site.

Links

You are granted a limited, non-exclusive right to create text hyperlinks to the Programs and Sites for noncommercial purposes, provided such links do not portray Gino's Gelato in a false, misleading, derogatory or otherwise defamatory manner and provided further that the linking site does not contain any obscene, pornographic, sexually explicit, or illegal material, or any material that is offensive, harassing, or otherwise objectionable. We may revoke these limited rights at any time. In addition, you may not use any Yogurtland logo or other proprietary graphics to link to our Programs or Sites without our express written permission. You also may not use, frame or utilize framing techniques to enclose any Yogurtland trademark, logo or other proprietary information, including the images found at any of the Programs or Sites, the content of any text or the layout or design of any page or form contained on a page on the Programs or Sites without our express written consent. You are not granted any right or license by implication, estoppel or otherwise in or under any patent, trademark, copyright or other proprietary right of Gino's Gelato or any third party.

Gino's Gelato makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of embedded content, third party websites accessible via hyperlink or websites linking to the Programs or Sites. Third party sites are not under the control of Yogurtland, and Yogurtland is not responsible for any embedded content or the content of any linked site or any link contained in a linked site, or any review, changes or updates to such sites. Yogurtland and its users may provide these links as a convenience to you, but the inclusion of any link does not signify or imply affiliation, endorsement or adoption by Yogurtland of any site or any information contained in any third party site. When you visit other sites via links or embedded content, you should understand that our terms and policies no longer govern and that the terms and policies of those third party sites will then apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate from our Programs or Sites.

Third Party Content, Advertisements and Promotions

Gino's Gelato may provide third party content in or on the Programs and Sites and links to web pages and content of third parties (collectively, “Third Party Content”) as a service to those interested in this information. We do not control, endorse or adopt any Third Party Content and can make no representation, warranty or guarantee regarding its accuracy or completeness. Yogurtland is not responsible or liable in any manner for any Third Party Content and undertakes no responsibility to update or review any Third Party Content. Your use of Third Party Content is entirely at your own risk.

Gino's Gelato may display advertisements and promotions from third parties on the Programs or Sites or may otherwise provide information about or links to third-party products or services. Your business dealings or correspondence with, or participation in promotions of, such third parties, and any terms conditions, warranties or representations associated with such dealings or promotions, are solely between you and such third party. Gino's Gelato is not responsible or liable for any loss or damage of any sort incurred as the result of such dealings or promotions or as the result of the presence of such non-Gino's Gelato advertisers or third party information in or on the Programs or Sites.

PRIVACY

Please read our Privacy Policy carefully to understand how Gino's Gelato collects, uses and discloses personally identifiable information from its users.

Limitation on Liability

To the maximum extent permitted by applicable law, Yogurtland and its officers, directors, employees, shareholders or agents shall not be liable for any direct, indirect, punitive, exemplary, or consequential damages, or any other damages of any kind, including but not limited to loss of income, profits, goodwill, data, contracts, use of money, or loss or damage arising from or connected in any way to business interruption, whether in tort (including without limitation negligence), contract or otherwise, arising out of or in connection with the use of or inability to use any of the Programs or Sites, the content or the materials contained in or accessed through the Programs or Sites, including without limitation any damages caused by or resulting from reliance by a user on any information obtained from Yogurtland, or that result from mistakes, omissions, interruptions, deletion of files or email, errors, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of God, communications failure, theft, destruction or unauthorized access to Yogurtland’s records, programs or services. Except where prohibited by applicable law, in no event shall the aggregate liability of Gino's Gelato, whether in contract, warranty, tort, product liability, strict liability or other theory, arising out of or relating to the use of or inability to use any of the Programs or Sites exceed any compensation you pay, if any, to Gino's Gelato for access to or use of the Programs or Sites.

Programs and Sites Disclaimer

The materials and information in or on the Programs or Sites may include technical inaccuracies or typographical errors. The materials, information and services on the Programs and Sites are provided “as is” without any conditions, warranties or other terms of any kind. To the maximum extent permitted by applicable law, Yogurtland disclaims all other warranties, express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement as to the Programs and Sites and the information, content and materials contained therein.

Indemnification

You agree to defend, indemnify and hold harmless Yogurtland, its independent contractors, service providers and consultants, and each of their respective owners, affiliates, directors, officers, employees and agents, from and against any claims, damages, costs, liabilities and expenses (including, but not limited to, reasonable attorneys’ fees) arising out of or related to (a) your use of any of the Programs or Sites; (b) any User Content or Ideas you provide; (c) your violation of these Terms and Conditions; (d) your violation of any rights of another; or (e) your conduct in connection with any of the Programs or Sites.

Modifications

Gino's Gelato reserves the right to modify or discontinue, temporarily or permanently, any or all of the Programs and Sites or any features or portions thereof without prior notice. You agree that Yogurtland will not be liable for any modification, suspension or discontinuance of the Programs or Sites in whole or in part.

Jurisdiction and Compliance with Laws

Access to and use of the Programs and Sites and these Terms and Conditions are governed by U. S. federal law and/or the laws of the State of California, without resort to conflict of law provisions. Any legal action or proceeding relating to your access to, or use of, the Programs or Sites or these Terms and Conditions shall be instituted only in a state or federal court located in Orange County, California. You and Yogurtland agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.

Termination

Notwithstanding any of these Terms and Conditions, Gino's Gelato reserves the right, without notice and in its sole discretion, to terminate your license to use any of all of the Programs and Sites and to block or prevent your future access to, and use of, the Programs or Sites.

Severability

If any provision of these Terms and Conditions shall be deemed by an appropriate authority to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of any remaining provisions.