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Terms and Conditions of Use

Effective Date: January 1, 2012

Welcome to thesweettoothfairy.com (“Website”). This Website is owned by Sweet Tooth Fairy Holdings, LLC dba The Sweet Tooth Fairy (“STF”).

When you visit this Website, you are agreeing that both your access to the Website and your use are governed by these Terms and Conditions of Use (“Conditions”).

Users
You must be 18 years of age or older to use, register for an account, transmit/submit/post any content, material or personally identifiable information, or place an order on this Website. By submitting information through this Website you represent that you meet these age restrictions. You are provided access to and use of this Website subject to your compliance with these Conditions. No material from this Website may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except as specifically allowed in these Conditions.

Terms and Conditions of Use May Change
STF has included the effective date of our Conditions above. We reserve the right to update or modify these Terms and Conditions of Use at any time without prior notice. Your use of this Website following any such change constitutes your agreement to follow and be bound by the Terms of Use as changed. For this reason, we encourage you to review these Terms and Conditions of Use whenever you use the Website. These Conditions supersede all previous notices or statements regarding the Website. STF reserves the right to terminate or discontinue any aspect of the Website in our sole discretion and without any notice including, but not limited to, information or other materials, features and/or hours of availability and we will not be liable to you or any third party for doing so.

Website Contents
All of the content you see on this Website, including, but not limited to, page headers, images, illustrations, graphics, audio, video, and text, are subject to trademark, service mark, trade dress, copyright and/or other intellectual property rights or licenses held by STF, one of its affiliates or by third parties who have licensed their materials to STF.

We grant you a personal, non-exclusive, non-transferable license to access the Website and to use the information and services contained here. No right, title or interest in any materials, whether downloaded or not, is transferred to you as a result of any use. STF reserves complete title and full intellectual property and other rights in any content on the Website. No joint venture, partnership, employment or agency relationship exists between STF and you as a result of these Conditions or your use of the Website.

Except as otherwise provided herein, use of the Website does not grant you a license to any content, features or materials you may access on the Website and you may not copy, download, reproduce, modify, rent, lease, loan, sell, publish, transmit, transfer, distribute or create derivative works of such content, features or materials in whole or in part unless you first obtain STF’s written permission. Any commercial use of the Website is strictly prohibited, except as allowed herein or as otherwise provided by STF. You may not download or save a copy of any of the content or screens for any purpose except as provided in these Conditions. If you make use of the Website, other than as provided herein, in doing so you may violate copyright, trademark and other laws of the United States, other countries, as well as applicable state laws and you may be subject to liability for such unauthorized use. We do not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on this Website.

Trademarks and Service Marks
Below is a non-exhaustive list of trademarks and service marks owned by STF or licensed exclusively to STF for its use in its restaurants and in franchising by Futures, LLC or other third party. All third party trademarks, product names, and company names and logos appearing on this Website are the property of their respective owners.

Sweet Tooth Fairy®
FairFetti®
Cupshake®
Frost Ease®
Sweet Tooth Fairy Cakebites®

Submissions and Comments
All comments feedback, suggestions, ideas and other submissions disclosed, submitted or offered to STF on or by the Website or otherwise disclosed, submitted or offered to STF (collectively “Comments”) shall be and remain the property of STF which STF may use for any purpose and without compensation, including for commercial purposes. Such disclosure, submission or offer of any Comments shall constitute an assignment to STF of all rights, title and interest worldwide in all intellectual property in the Comments. STF is and shall be under no obligation to maintain any Comments in confidence or to pay any compensation for any Comments.

You may not use unlawful, obscene, profane, threatening, etc. language or content in any Comment. You agree that your Comments will not violate any rights of any third party, including copyright, trademark, privacy or other personal or property right(s). You are and will remain solely responsible for your Comments and their content.

Privacy of Your Information
Your information is subject to STF’s Privacy Policy. For more information, see our full Privacy Policy. You agree to the use of your information in accordance with our Privacy Policy.

Product Information
Some of the products displayed on the Website are available only in select locations or available in limited quantities. The prices displayed on the Website are quoted in U.S. Dollars and are valid and effective only in the United States.

Refunds
If you are not completely satisfied with your purchase, please contact us for a return or an exchange.

Delivery and Shipping Information
At this time we do not ship to locations outside of the United States and Canada. Only orders for delivery to the United States and Canada will be processed. All orders are processed within 48 hours of the next business day on which the order was placed on the Website.

We charge a flat rate of $14 for each shipment, sent via UPS.

Disclaimer of Warranty
This Website is provided by STF on an “as is” and “as available” basis. STF makes no representations or warranties of any kind, express or implied, as to the operation of this Website or the information, content, materials, or products included on this Website. You expressly agree that your use of this Website is at your sole risk.

To the fullest extent permissible by applicable law, STF disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose STF does not warrant that this Website, its servers, or email sent from STF are free of viruses or other harmful components.

Limitation of Liability
Neither STF, its corporate parent(s), or affiliates, nor any of its and their respective officers, directors, members, managers, employees, agents, successors or assigns will be liable for any damages of any kind arising from the use of this Website, including, but not limited to, direct, indirect, incidental, punitive and consequential damages, loss of data, income or profit, loss of or damage to property, and claims of third parties.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

Indemnification
You agree to defend, indemnify and hold STF and its corporate parent(s), or affiliates, and their respective officers, directors, members, managers, employees, agents, successors or assigns harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Website, your violation of these Conditions, or your posting or transmission of any materials on or through the Website.

Termination of Usage
STF may terminate your access, or suspend your access to all or part of the Website, without notice, in STF’s sole discretion. Such termination or suspension of access may occur, without limitation, for any conduct that STF, in its sole discretion, believes is a violation of these Terms and Conditions of Use, is in violation of any applicable law, or is harmful to the interests of another user, customer, recipient, licensor, content or service provider, STF, or its corporate parent(s) or affiliates.

Applicable and Governing Law
The validity, enforcement, construction, rights and liabilities of the parties and the provisions of these Conditions shall be governed and interpreted in accordance with the laws of the State of Utah. In the event of litigation, both parties consent to jurisdiction of the courts of record in the State of Utah and agree that proper jurisdiction and venue shall be in the state and federal courts of Salt Lake County, State of Utah.

Waiver
The failure of STF to exercise or enforce any right or provision of these Conditions shall not constitute a waiver of such right or provision.

Contact Us
To contact STF with any questions or concerns in connection with these Conditions or the Website, or to provide notice to STF, you can email, call, or write to us at the following:

Attn: The Sweet Tooth Fairy Email: info@thesweettoothfairy.com Phone: 877-557-9338 Address: 767 S Auto Mall Drive, #9 American Fork, UT 84003

Severed Provisions
If any provision of these Terms and Conditions of Use is found to be unenforceable, that provision(s) shall be deemed severed from these Conditions and the remaining Conditions shall be deemed valid and enforceable and in full force and effect.

Miscellaneous
VOID WHERE PROHIBITED: although the information on this Website is accessible worldwide, not all products or services discussed on the Website are available to all persons or in all geographic locations or jurisdictions. STF and its advertisers each reserve the right to limit the provision of their products or services to any person, geographic area, or jurisdiction as they desire, and to limit the quantities of any products or services they provide, in their sole discretion.

The Terms and Conditions of Use constitute the entire agreement between you and STF with respect to this Website.

No Franchise Offering
The information on this website is not intended as a franchise offering, or a solicitation of an offer to buy a Sweet Tooth Fairy® franchise from Sweet Tooth Fairy Holdings, LLC, and should be gathered for informational purposes only. Any offer of a Sweet Tooth Fairy® franchise is made by means of our Franchise Disclosure Document only. Sweet Tooth Fairy® franchises are available to qualified prospective franchisees only in certain states. At this time we are not currently registered to make offers or sales in the following states: California, Hawaii, Illinois, Indiana, Maryland, Michigan, Minnesota, New York, North Dakota, Oregon, Rhode Island, South Dakota, Virginia, Washington, and Wisconsin. This is not an offer for the sale of a Sweet Tooth Fairy® franchise in these states. If you are a resident of one of these states, or would like to inquire concerning a franchise in one of these states, please contact us to find out the current status of registration in your state.

© 2012, Sweet Tooth Fairy Holdings, LLC. All rights reserved.