Terms and Conditions

Effective Date: 03/01/17

YumEarth Organic Fruit

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

This website, located at www.yumearth.com, and all of its subpages (“Website”) is provided by Yummy Earth, Inc. (“YumEarth,” “we,” or “our”).

These Terms of Use (“Agreement”) govern your use of the Website.  These Terms of Use form a legally binding agreement between you and YumEarth, and you should read them carefully

THIS AGREEMENT CONTAINS AN ARBITRATION AGREEMENT AND CLASS ACTION WAIVER THAT WAIVE YOUR RIGHT TO A COURT HEARING OR JURY TRIAL OR TO PARTICIPATE IN A CLASS ACTION.  ARBITRATION IS MANDATORY AND IS THE EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW OR IF YOU OPT-OUT.

We recommend that you review this document in its entirety before accessing or using the Website.  If you do not agree to all of the terms of this Agreement, please do not use the Website. 

Questions? Contact us at support@yumearth.com   .

Website Ownership and Content

The Website contains materials about YumEarth’s products such as text, images, button icons, pictures, URLs, and the overall arrangement or “look and feel” of such materials, as well as trademarks, logos, and service marks (collectively the “Content”) that unless otherwise indicated, are owned, controlled, and/or licensed by YumEarth or its licensors.  The Content and the Website are the property of YumEarth or certain other third parties and protected by copyright, trademark, trade dress, patent or other intellectual property rights and laws. You must not violate or infringe any of our intellectual property, including any copyright or trademark.  Errors on the Website may be corrected when discovered, and we reserve the right to revoke any stated offer to correct any errors or inaccuracies. 

YumEarth may immediately and, without any notice to you, suspend or terminate the availability of the Website or Content without any liability to you.  You further agree that any unauthorized use of any Content of the Website for any purpose is strictly prohibited. 

User-Generated Content

By using the Website and posting, uploading, publishing, distributing, or transmitting information such as pictures, reviews, messages, content, or other personal information (collectively, “User Generated Content”) on the Website or other YumEarth-sponsored forums, blogs, or other communities, you grant YumEarth a perpetual, unrestricted, unlimited, irrevocable, worldwide right and license to use, copy, redistribute, re-sell, and transmit any portion of such User Generated Content.  You further represent and warrant that you are the sole author and owner of such content.

In addition, you give YumEarth the sole and exclusive right to remove, alter, or change the User Generated Content and to bring any legal actions regarding such User Generated Content on your behalf. Your User Generated Content must not be defamatory, slanderous, indecent, obscene, pornographic, or sexually explicit or be used for commercial gain.

Dispute Resolution

This Agreement and any issue or dispute that arises out of or otherwise relates to this Agreement or with your use of the Website, the Privacy Policy, or any matter including YumEarth regarding this Website (collectively “Disputes”) shall be governed exclusively by the laws of the state of Connecticut, excluding its conflict of law provisions. If a Dispute arises under this Agreement, you and we agree to first contact each other with a written description of the Dispute, all relevant documents and information, and the proposed resolution. You agree to send YumEarth a written notice of such dispute to: Yummy Earth, Inc., Attn: Legal, 9 West Broad Street #440 Stamford, CT 06902.  YumEarth will contact you by letter or electronic mail at the address or e-mail address that you submit to the Website. 

If you and YumEarth are not able to resolve such a Dispute, you and we each agree that any and all Disputes shall be submitted to final and binding arbitration before a single arbitrator of the American Arbitration Association (“AAA”) in a location convenient to you.  Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party.  The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the arbitration demand.  We will pay the filing costs, including arbitrator fees.  Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  Notwithstanding the foregoing, the following shall not be subject to arbitration and may be adjudicated only in the state and federal courts of Connecticut:  (i) any dispute, controversy, or claim relating to or contesting the validity of the our proprietary rights, including without limitation, trademarks, service marks, copyrights, or trade secrets; or (ii) an action by a party for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory, or other provisional relief.  You expressly agree to refrain from bringing or joining any claims in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration.

YOU UNDERSTAND THAT YOU WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION.  HOWEVER, YOU UNDERSTAND AND CHOOSE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH ARBITRATION.

You shall have thirty (30) days from the date that you submit your personally identifiable information to opt-out of this arbitration agreement.  To opt out of arbitration you must contact us at Yummy Earth, Inc., 9 West Broad Street #440 Stamford, CT 06902. If more than thirty (30) days have passed, you are not eligible to opt out of arbitration.

Purchasing Items on our Website

All transactions made through the Website are subject to our acceptance, which is in our sole discretion. Without limitation, this means that we may refuse to accept or may cancel any transaction, whether or not the transaction has been confirmed, for any or no reason, in our sole discretion, and without liability to you or any third party.  Payment must be received by YumEarth prior to YumEarth's acceptance of an order, unless otherwise agreed by YumEarth.  YumEarth may cancel or limit an order any time after it has been placed.  If payment has already been made and your order is cancelled or limited, YumEarth will refund any payment you made for the Product that will not be shipped due to cancellation or limitation of an order in the same tender as the original purchase.  YumEarth expressly conditions its acceptance of your order on your agreement to this Agreement.  By ordering Products through the Website, you agree to provide only true, accurate, current, and complete information. You hereby certify that any email account you provide to YumEarth is registered to you. YumEarth reserves the right without prior notice to discontinue or change specifications and prices on Products offered on and outside of the Website without incurring any obligation to you.  Please be aware that prices and availability are subject to change without prior notice. We make every effort to ensure the accuracy of the information on the Website and if errors are discovered, we correct them, but YumEarth reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions. 

 Return Policy

All purchases are final and we do not, as a matter of policy, provide refunds for purchases made on the Website.  We may provide exchanges on a case-by-case basis.  If you wish to request an exchange, you may email YumEarth Customer Service at annmarie@yumearth.com for assistance. 

Notice and Take-Down Procedures

If you have a good faith belief that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you can submit a Notice of Claimed Infringement to YumEarth by providing the following information:  A physical or electronic signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest that is allegedly infringed;  identification or description of the copyrighted work or other intellectual property that you claim has been infringed.  If you are asserting infringement of an intellectual property right other than copyright, please specify the intellectual property right at issue (for example, trademark or patent); identification or description of where the material that you claim is infringing is located on the Website, with enough detail that YumEarth may find it on the Website; your address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the material complained of is not authorized by the copyright owner or intellectual property owner, its agent, or the law; and a statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.

Our agent designated to receive claims of copyright or other intellectual property infringement may be contacted as follows: Attn: Legal, 9 West Broad Street #440 Stamford, CT 06902

Disclaimer of Warranties and Limitation of Liability

Except where otherwise inapplicable or prohibited by law, the Website is offered on an “as is” and “as available” basis.  TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YUMEARTH EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.  YUMEARTH DOES NOT REPRESENT OR WARRANT THAT YOUR USE OF THE WEBSITE WILL BE UNINTERRUPTED, TIMELY, SECURE, VIRUS-FREE OR FREE FROM ERROR OR THAT ANY ERRORS WILL BE CORRECTED.  IN NO EVENT SHALL YUMEARTH OR ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, UNDER ANY CAUSE OF ACTION WHATSOEVER INCLUDING, BUT NOT LIMITED TO, CONTRACT, TORT, STRICT LIABILITY, WARRANTY, OR OTHERWISE, FOR ANY CLAIM CAUSE OF ACTION, FEE, EXPENSE, COST, OR LOSS (COLLECIVELY, “CLAIMS”) ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE PRODUCTS, OR YOUR USE OF THE WEBSITE.  NOTWITHSTANDING ANYTHING IN THIS AGREEMENT TO THE CONTRARY, THIS DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY DOES NOT APPLY IN NEW JERSEY. 

Notice for California Users

Under California Civil Code Section 1789.3, users of the Website from California are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.  YumEarth may be contacted in writing at Yummy Earth, Inc., 9 West Broad Street #440 Stamford, CT 06902.

Links to Other Websites

This Website may include links to third-party websites, such as links from advertisers, sponsors, content partners, and third parties.  The inclusion of any link on the Website does not imply our endorsement of it, and YumEarth expressly disclaims any responsibility for the content, the materials, the accuracy of the information, or the quality of the products or services provided by, available through, or advertised on these third-party websites.  We shall not be responsible or liable for any loss or damage caused by the use of or reliance on any such material or products available on or through any such website.  

Electronic Signatures and Agreements

You acknowledge and agree that by agreeing to this Agreement electronically that you are expressly agreeing to the terms set forth herein.  You acknowledge and agree that by affixing your electronic signature that you are submitting a legally binding electronic signature and entering into a legally binding contract.  You acknowledge that your electronic submission constitutes your agreement and intent to be bound by the terms of this Agreement.  Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE SITE OR SERVICES OFFERED BY YumEarth. Further, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.

General Provisions

This Agreement constitutes the entire agreement between you and YumEarth and supersedes any prior version of this Agreement.  If any provision of this Agreement is deemed invalid, unlawful, void, or unenforceable by an arbitrator or (if proper) a court of competent jurisdiction, then that provision will be deemed severable from this Agreement, and the remaining provisions shall not be effected thereby and shall continue in full force and effect.  YumEarth reserves the sole and exclusive right to assign any or all of its rights and obligations under this Agreement, in whole or in part, to any party at any time without any notice. This Agreement may not be assigned by you, and you may not delegate your duties under them. Except as expressly set forth in this Agreement, no failure or delay by you or YumEarth to exercise any rights, powers, or remedies under this Agreement will operate as a waiver of that or any other right, power, or remedy. 

© 2017 Yummy Earth, Inc. All Rights Reserved.