Terms and conditions of use
OUR TERMS AND CONDITIONS OF SALE AND USE
This page (together with any documents referred to on it) sets out the terms and conditions (“Terms”) upon which you may (i) purchase products from us (whether in your capacity as a business or as a consumer) via our website and (ii) use our website: https://yellowpop.com/ the “Website”, as further defined hereunder”).
Please read these Terms carefully before you submit any order to us. These Terms tell you how we will provide products to you, how you and we may change or end the contract, what to do if there is a problem and other important information.
The Website may be used only for informational and online shopping purposes. By accessing or using the Website pursuant to which we offer products for purchase (the “Goods”, as further defined hereunder) (collectively, with the Website, the “Services”), you agree to be bound by the terms and conditions contained in this Agreement and all other terms incorporated herein by reference. If you do not agree to abide by any of the terms herein, in any manner, do not use the Website, including but not limited to, uploading or downloading information or material onto the Website and/or making any purchases on the Website.
We reserve the right, at our sole discretion, to change or modify portions of this Agreement at any time. If we do this, we will post the changes on this page and will indicate at the top of this page the date this Agreement was last revised. You may read a current, effective copy of this Agreement at any time by selecting the “Terms” link on the Website. We will also notify you of any material changes either through a pop-up notice, e-mail or through other reasonable means. Your continued use of the Website after any such changes constitutes your acceptance of the new Agreement. You should periodically visit this page to review the current Agreement, so you are aware of any revision to which you are bound. If you do not agree to abide by this or any future Agreement, do not use or access (or continue to use or access) the Website.
ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION SECTION BELOW, OR WHERE PROHIBITED BY APPLICABLE LAW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.
If you are below the age of consent under applicable law in the country in which you reside, then your parent or legal guardian must read and accept this Agreement in your name and on your behalf.
You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, use the Website. We may, in our sole discretion, refuse to offer the Services to any person or entity and change our eligibility criteria at any time.
In these Terms, the following words and expressions shall mean:
“Yellowpop”, “we”, “us” or “our”
YellowRocket LLC , a limited liability company, incorporated in Delaware
the contract between you and Yellowpop for the sale and purchase of the Goods as well as use of the Site, in accordance with these Terms and the applicable Order.
customised LED neon sign products which are made pursuant to your specifications as a result of User-Generated Content you upload to the Site and order via (https://yellowpop.com/pages/customise).
“Force Majeure Event”
any event beyond our reasonable control, which by its nature could not have been foreseen, or, if it could have been foreseen, was unavoidable, including strikes, lock-outs or other industrial disputes (whether involving its own workforce or a third party's), failure of energy sources or transport network, global pandemics, government orders of quarantine, acts of God, war, terrorism, riot, civil commotion, interference by civil or military authorities, national or international calamity, armed conflict, malicious damage, breakdown of plant or machinery, nuclear, chemical or biological contamination, sonic boom, explosions, collapse of building structures, fires, floods, storms, earthquakes, loss at sea, epidemics or similar events, natural disasters or extreme adverse weather conditions, or default of our suppliers.
the products (including, where relevant, Custom Goods) that you specify in the Order.
“Intellectual Property Rights”
any patents, utility models, rights to inventions, copyright and related rights, trademarks, trade names, business names and domain names, rights in get-up, rights in goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, topography rights, rights in confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
in relation to any matter, means all damages, losses, liabilities, costs (including legal costs), charges, expenses, actions, proceedings, claims, penalties, fines and demands.
the online order you submit to Yellowpop to purchase the Goods from us.
the price payable by you to us for the Goods as detailed in the Order or on our Website. The Price is inclusive of shipping, or carriage of the Goods as such costs are specified by us when you submit your Order, unless stated otherwise but excludes any taxes which shall be specified at the end of your Order.
any text, graphics, images and any other specifications that you upload to the Website when submitting an Order for Custom Goods.
the website owned and operated by Yellowpop: https://yellowpop.com/
“you” or “your”
the person or entity identified in the Order that purchases the Goods from us.
PART A: TERMS AND CONDITIONS OF SALE
Our Contract with you
- You place an Order with us for the Goods when you enter the required details on our checkout page and click “checkout” to place your Order.
- The Contract will come into effect when we send an email to the email address you gave us in your Order confirming our acceptance of your Order, and not before we receive payment for the Goods and delivery costs. We won’t charge you for the Goods or delivery costs if your Order is not accepted.
- You will own the Goods once we have received payment in full for the Goods and delivery costs.
- We will assign an order number to your Order and tell you what it is when we accept your Order. It will help us if you can tell us the order number whenever you contact us about your Order.
- All orders of Goods must be for your personal use only. By purchasing Goods, you hereby agree not to resell or distribute such Goods for any commercial purposes. All orders are subject to our acceptance or rejection based on Goods’ availability, noncompliance with these terms or any other reason as determined in our sole discretion. For instance, if we have reason to believe that your Order is not for personal use, we reserve the right to reject or cancel any order that you place. We also reserve the right, in our sole discretion, to take steps to verify your identity to process your order. We will either not charge you or refund the charges for orders that we cancel or do not process.The Goods
- You acknowledge that the images of the Goods on our Website are for illustrative purposes only, and that although Yellowpop tries to represent our products faithfully, we cannot guarantee that colors displayed on your device will precisely reflect the colour of the imaged product. If you would like to purchase a specific colour and are unsure of its exact specifications, please contact us before placing an Order.
- We attempt to provide accurate descriptions of Goods. We do not warrant, however, that the descriptions are accurate, complete, reliable, current, or error-free. If a Good is not as described, your sole remedy is to return the item, unless otherwise specified in writing by us.
- We reserve the right to make changes to the Goods to reflect changes in relevant laws and regulatory requirements.
- All Intellectual Property Rights in the Goods are reserved to Yellowpop or its licensors.
- You acknowledge that Custom Goods may have restrictions placed on them. For instance, the Custom Goods cannot contain either a lowercase “i” or “j” due to the manufacturing method. Please contact us if you would like to discuss any restrictions before placing an Order.
When purchasing Custom Goods, you:
- grant to Yellowpop a non-exclusive, irrevocable, sublicensable, royalty-free, worldwide licence to use the User-Generated Content to produce the Custom Goods and use the Custom Goods in marketing materials for case studies; and
warrant to Yellowpop that:
- you are the sole legal and beneficial owner and own all rights and interest in the Intellectual Property Rights that subsist in the User-Generated Content;
- the User-Generated Content is your own original work and has not been copied wholly or substantially from any other source;
- the manufacture and supply by Yellowpop or its partners, agents or suppliers of the Custom Goods will not infringe the rights (including Intellectual Property Rights) of any third party.
- You hereby agree to indemnify Yellowpop for any and all Losses suffered by Yellowpop arising directly or indirectly as a result of your breach of the warranties set forth in this Section.
- Yellowpop shall have the right to reject any Order for Custom Goods if, in Yellowpop’s sole discretion, the Order breaches Yellowpop’s Terms and Conditions herein.
- Any reference to a Yellowpop product or service on the Website does not imply that such product or service is or will be available in your country and/or state where it may be subject to different regulations and conditions of use. Such reference does not imply any intention on our part to sell this product or service in your country and/or state and you should always rely on product information especially created for your country and/or state. The Website contains information about products and services that may or may not be available in any particular country or region of the world, may be available under different trademarks in different countries, and where applicable, may be approved or cleared by a government regulatory body for sale or use with different indications and restrictions in different countries. You should not construe anything on linked sites as a promotion or solicitation for any product or for the use of any product that is not authorized by the laws and regulations of the country where you are located. You can learn all about our products on their individual product pages. If you have any other questions or thoughts, let us know by contacting us.
Price and payment
- You must pay the full Price of the Goods and delivery costs at the time of the Order.
The Price does not include delivery costs. Our delivery costs are as follows:
- for Orders under $50.00 the cost of delivery is $4.99;
- for Orders over $50.00 the cost of delivery is $0.00;
- you have the option to choose express delivery, the cost of which is $99.00.
- We strive to provide accurate pricing information regarding the Goods available on the Website. We cannot, however, insure against pricing errors. We reserve the right, at our sole discretion, to not process or to cancel any Orders placed for a Good whose price was incorrectly posted on the Website as a result of an error. If this occurs, we will notify you by email.
- The Goods are provided at the prices in effect at the time an Order is placed. Yellowpop reserves the right to modify the price of the items concerned for future orders. We occasionally run promotions or provide limited time offers for our Goods. Please review the promotion or offer for eligibility and other terms and conditions.
- If you are tax exempt, you must contact Yellowpop before placing an Order for the Goods. Yellowpop will not be able to refund any applicable tax once an Order has been processed.
- Yellowpop reserves the right to use of its preferred carrier. Delivery dates are indicated as accurately as possible but are subject to variations due to availability and transportation methods.
- Delivery will deemed have been completed once the Goods are delivered to the address you designate in your Order or, failing delivery there, to
- The Goods ordered will be at your risk. Ownership of the Goods ordered will also pass to you upon your receipt of the Goods, provided full payment of all sums due in respect of the Goods, including any delivery charges, has been received.
- You will be responsible for the Goods once they are delivered to the address you designated in the Order or the nominated delivery depot. You may incur storage costs or further delivery costs if you do not collect the Goods, or arrange a re-delivery, from the delivery depot. The estimated delivery time for standard delivery is 3-4 weeks from placing your Order. If you have chosen express delivery, we will aim to deliver the Goods in 10-15 days from you placing the Order; however, your Order will be fulfilled by the delivery date set out in the Order Confirmation or, if no delivery date is specified, then within 30 days after the date of the Order Confirmation, unless there are exceptional circumstances and except in the case of pre-orders.
- Any dates quoted for delivery of the Goods in these Terms or an Order are approximate only and the time of delivery is not of the essence. We will tell you if delivery is delayed by a Force Majeure Event. Late deliveries and/or events of Force do not render us accountable for the payment of damages, nor permit the cancellation in whole or in part of pending orders.
Your Rights to Return or Refund
- Except for gift cards, and store-specific merchandise designated as final sales, we accept Goods for returns and exchanges if requests are submitted within 14 days of receiving the order (in its entirety). Such Good must be returned in new, unused condition and in its original packaging and/or, if damages during delivery, in the condition received. To return or exchange your Good(s), please email us at [email@example.com] with your name, address, order number and the Good(s)you would like to exchange or return. After we receive your written request, we will respond with further instructions about returning the Good(s) to us. Such failure to give written notice shall constitute an irrevocable acceptance of Good(s) and an admission that they fully comply with all the terms, conditions, and specifications in these Terms. Only Goods originally shipped from Yellowpop and not designated as Final Sale may be returned to us in accordance with the conditions set forth herein. By requesting return of a Good(s), you certify that the Good(s)were purchased from the Website and there has been no substitution of the Good(s) from another supplier, distributor, or other source of the Good.
- Upon receiving the returned Good(s) from you, we will process any refund due to you as soon as possible. You will be refunded in full to your original form of payment, including the cost of standard delivery; however, we will not refund your cost of returning the Good(s) to us. If you received any promotional or other discount when you paid, any refund will only reflect the amount you actually paid.
The following Goods shall be considered Final Sale:
- if you are acting in a business capacity and not purchasing the Goods as a consumer for private domestic use; and
- all purchases for Custom Goods.
- How we may use your personal details
- If you have any queries or any concerns about these Terms, you may contact us via email at firstname.lastname@example.org or at the addresses shown on our Website.
- If we have to contact you, we will do so via email at the email address you provided to us in your Order or contact details you have provided to us via our Website.
PART B: TERMS AND CONDITIONS OF USE
- The Website contains material, including but not limited to software, text, graphics and images (collectively referred to as the “Content”). We either own the Content, or portions of the Content may be made available to us through arrangements that we have with third parties. We do not guarantee that any Content you access on or through the Website is or will continue to be accurate. The Content may be protected by United States and foreign intellectual property laws. Unauthorized use of the Content may result in violation of copyright, trademark, and other laws. You have no rights in or to the Content, and you will not use, copy or display the Content. No other use is permitted without our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content on any copy you make of the Content. You may not sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. The use or posting of any of the Content on any other website or in a networked computer environment for any purpose is expressly prohibited. If you violate any part of this agreement, your right to access and/or use the Content and Website shall automatically terminate and you shall immediately destroy any copies you have made of the Content.
- The trademarks, service marks, and logos of YELLOWPOP, whether (collectively, the “Yellowpop Trademarks”) used and displayed in connection with the sale of Goods are registered and unregistered trademarks or service marks of Yellowpop and its affiliated entities. Other company, product, and service names located on the Website or otherwise used in connection with the Goods may be trademarks or service marks owned by third parties (the “Third Party Trademarks”, and, collectively with the Yellowpop Trademarks, the “Trademarks”). Nothing on the Website or in these Terms should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the Website or otherwise used in connection with the Goods without our prior written consent specific for each such use. The Trademarks may not be used to disparage us or any applicable third party, our or the applicable third party’s products or services, or in any manner (using commercially reasonable judgment) that may damage any goodwill in the Trademarks (this shall exclude any negative feedback on the Products). Use of any Yellowpop Trademarks as part of a link to or from any website is prohibited without our prior written consent. All goodwill generated from the use of any Yellowpop Trademark shall inure to our benefit.
You may not use the Website to:
- transmit any content, information or other materials that are, or which Yellowpop considers in its sole discretion to be, unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, offensive, obscene, pornographic, hateful or threatening to any group defined by race, religion, gender, national origin or sexual orientation, obscene, lewd, lascivious, violent, harassing or otherwise objectionable, including without limitation expressions of bigotry, prejudice, racism, hatred or profanity;
- introduce viruses, worms, Trojan horses and/or harmful code into the Website;
- violate any applicable local, state, national or international laws or regulations.
- You shall not (and shall not attempt to or permit any third party to): reverse engineer, decompile, disassemble, translate, derive the source code for, interfere with, rent, sell or lease the Website, any part thereof or access thereto.
- Third-Party Links and Content
- The Website may contain links or references to non-Yellowpop websites, products, services or other materials or content (“Third-Party Content”).
- By accessing and/or using the Website, you agree that Yellowpop is not responsible or liable for any Third-Party Content or for the actions of those that provide or use such Third-Party Content. Yellowpop has no control over the Third-Party Content. Any link to any Third-Party Content does not imply that Yellowpop endorses, approves of or accepts any responsibility for the Third-Party Content or its provider, or vice versa.
- Yellowpop does not monitor, verify, censor, or edit any Third-Party Content.
- Availability of Website and disclaimers
- Any online facilities, tools, services or information Yellowpop makes available through the Website (the “Service”) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults.
- To the maximum extent permitted by law, we provide no warranties, express or implied, of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Yellowpop is under no obligation to update information on the Website.
- Whilst Yellowpop uses reasonable endeavours to ensure that the Website is secure and free from errors, viruses and other malware, we give no warranty or guaranty in that regard and you shall take responsibility for your own security, that of your personal details and your computers.
- Yellowpop accepts no responsibility for any disruption or non-availability of the Website.
- Yellowpop reserves the right to alter, suspend or discontinue any part (or the whole of) the Services. These Terms shall continue to apply to any modified Services unless expressly stated otherwise.
- User Generated Content.
- With respect to the User-Generated Content, you represent and warrant that you own all right, title and interest in and to such User Generated Content, including, without limitation, all copyrights and rights of publicity contained therein, and that all User Generated Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Generated Content that infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty. You shall not (and shall not permit any third party to) take any action or upload, post, or otherwise distribute any User Generated Content that you know if false, misleading, untruthful or inaccurate, or is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion.
- The Website may pull content from our users who share photos and videos on Instagram using our brand hashtags, including, without limitation, #Yellowpop, #Yellowpop (collectively, the “Yellowpop Hashtags”), or tagging the @Yellowpop (collectively, “Photos”). You acknowledge and agree that the User Generated Content may be used by Yellowpop, and you hereby grant us permission to use and authorize others to use your name or social media handle in association with the User-Generated Content for identification, publicity related to the Services and similar promotional purposes, including after your termination of your Account or the Services. You represent and warrant that the posting and use of your User-Generated Content, including to the extent such User-Generated Content include your name, username, likeness, voice, or photograph, does not violate, misappropriate or infringe on the rights of any third party, including, without limitation, privacy rights, publicity rights, copyrights, trademark and other intellectual property rights.
- By uploading any User Generated Content you hereby grant and will grant Yellowpop and its affiliated companies, successors and assigns a nonexclusive, worldwide, royalty free, fully paid up, transferable, sub-licensable, perpetual, irrevocable license to reproduce, adapt, publish, create derivative works from, copy, display, upload, publicly perform, distribute, store, modify and otherwise use your User Generated Content and any name, username, likeness, voice or photograph provided in connection with your User Generated Content, without compensation to you, in connection with the operation of the Website or the promotion, advertising or marketing of the Services, in any form, medium or technology now known or later developed, and including after your termination of your account or the Services. For clarity, the foregoing license does not affect your other ownership or license rights in your User Generated Content, including the right to grant additional licenses to your User Generated Content, unless otherwise agreed in writing. You represent and warrant that you have all rights to grant such licenses to us without infringement or violation of any third-party rights, including without limitation, any privacy rights, publicity rights, copyrights, trademarks, contract rights, or any other intellectual property or proprietary rights.
- You acknowledge and agree that we may preserve User Generated Content and may also disclose User Generated Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process, applicable laws or government requests; (b) enforce these Terms; (c) respond to claims that any User Generated Content violates the rights of third parties; or (d) protect the rights, property, or personal safety of Yellowpop, our users and the public. You understand that the technical processing and transmission of the Website, including your User Generated Content, may involve (i) transmissions over various networks; and (ii) changes to conform and adapt to technical requirements of connecting networks or devices.
- IP Infringement.
- We respect the intellectual property rights of others and require that the people who use our Website and Goods do the same. If you are a copyright owner and believe that any content posted on the Website infringes upon your copyrights, please provide our designated copyright agent the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
- a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- identification of the material that is claimed to be infringing and information reasonably sufficient to permit location of the material;
- information reasonably sufficient to permit us to contact you, such as an address, telephone number, and, if available, an email address;
- a statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
Our DMCA designated copyright agent for notice of claims of copyright infringement on the Site can be reached as follows:
- Yellowpop may terminate, change, suspend or discontinue any aspect of the Website, including the availability of any features, at any time. Yellowpop may remove, modify or otherwise change any Content, including that of third parties, on or from the Site. Yellowpop may impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. Yellowpop reserves the right to terminate your authorization to use the Website and to delete one or more of your related accounts immediately at any time if you breach or threaten to breach any of the terms herein. Yellowpop may further terminate the authorization and rights provided herein and your use of the Website at any time in its sole discretion and upon such termination, you shall immediately destroy all materials that you have downloaded from the Website.
- Limitation of Liability and Disclaimer of Warranties.
- EXCEPT AS PROVIDED HEREIN, THE PRODUCTS, THE WEBSITE AND ITS CONTENT ARE PROVIDED AS A CONVENIENCE TO YOU. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, AND EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, YELLOWPOP, OUR AFFILIATES, AND OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS (COLLECTIVELY, THE “YELLOWPOP PARTIES”) MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE PRODUCTS AND SERVICES ASSOCIATED WITH WEBSITE, CONTENTAND/OR CONTENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO THE WEBSITE’S ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS OR RELIABILITY. THE YELLOWPOP PARTIES SHALL NOT BE SUBJECT TO LIABILITY FOR THE PURCHASE AND/OR USE OF THE GOODS AND/OR THE TRUTH, ACCURACY OR COMPLETENESS OF THE CONTENT OR THE SITE OR ANY OTHER INFORMATION CONVEYED TO THE USER OR FOR ERRORS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT YOU USE THE GOODS AND/OR SERVICES AND THE CONTENT AT YOUR OWN RISK. TO THE EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, WHETHER IN ANY ACTION IN WARRANTY, CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE OR FUNDAMENTAL BREACH), OR OTHERWISE, SHALL THE YELLOWPOP PARTIES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM OR IN CONNECTION WITH THE USE OF OR THE INABILITY TO USE THE SITE OR ANY CONTENT CONTAINED ON THE SITE, OR, EXCEPT AS OTHERWISE PROVIDED UNDER APPLICABLE LAWS AND REGULATIONS REGARDING THE SECURITY OF PERSONAL DATA, RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA, OR OTHER INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED, OR ANY OTHER DAMAGES OF ANY KIND, INCLUDING BUT NOT LIMITED TO PERSONAL INJURY, WRONGFUL DEATH, INTERRUPTION OF SERVICE, LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLES, EVEN IF YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PARTIES ACKNOWLEDGE THAT THIS IS A REASONABLE ALLOCATION OF RISK, EVEN IF YELLOWPOP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW EXCLUSION OF CERTAIN WARRANTIES OR LIMITATIONS OF LIABILITY, SO THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. THE LIABILITY OF YELLOWPOP WOULD IN SUCH CASE BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
- YOU ACKNOWLEDGE THAT YELLOWPOP DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS OR SERVICES OFFERED BY THIRD PARTIES THROUGH ANY WEBSITES INCLUDING ITS WEBSITE. EXCEPT AS OTHERWISE AGREED IN WRITING, YELLOWPOP AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF ANY STATEMENT OR OTHER CONTENT, PRODUCTS OR SERVICES DISTRIBUTED OR MADE AVAILABLE BY THIRD-PARTIES THROUGH ANY THIRD-PARTY OR THE SITE.
- THE YELLOWPOP PARTIES DO NOT WARRANT THAT THE SITE WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVERS, OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE OR THE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, NO YELLOWPOP PARTY SHALL BE RESPONSIBLE FOR THOSE COSTS.
- EXCEPT AS OTHERWISE PROVIDED BY US IN WRITING, ALL PRODUCTS AND SERVICES PROVIDED AND/OR DELIVERED TO YOU ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE YELLOWPOP PARTIES DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
- IN NO EVENT SHALL ANY YELLOWPOP PARTY BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE GOODS AN/OR THE WBEISTE OR THE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF SUCH YELLOWPOP PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DIRECT DAMAGES IN EXCESS OF (IN THE AGGREGATE) $500.00.
- The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
- Except as otherwise provided under applicable laws and regulations regarding the security of personal data, YELLOWPOP disclaims any warranty or representation that confidentiality of information transmitted through the Site will be maintained.
- No advice or information, whether oral or written, obtained by you from YELLOWPOP or third parties through the Website shall create any warranty. Some jurisdictions do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH JURISDICTIONS, THE LIABILITY OF THE YELLOWPOP PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS AFFECTS ANY LEGAL RIGHTS AND REMEDIES YOU HAVE UNDER LOCAL LAW.
- To the fullest extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Yellowpop Parties from and against any claims, actions or demands, including, without limitation, reasonable legal and accounting fees, arising or resulting from your breach of these Terms, any User Generated Content or submissions you provide, or your access to, use or misuse of the Content or the Services. We shall provide notice to you of any such claim, suit, or proceeding that triggers this indemnification obligation, and you agree to do the same by writing to hello@Yellowpop.com. We reserve the right to assume the exclusive defense and control of any matter which is subject to indemnification under this section. In such case, you agree to cooperate with any reasonable requests assisting our defense of such matter.
- ARBITRATION CLAUSE AND CLASS ACTION WAIVER.
- PLEASE READ THIS DISPUTE RESOLUTION SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.THIS SECTION CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
- Scope of the Arbitration Agreement. If Yellowpop cannot resolve any dispute with you regarding the Website, any transaction conducted on the Website or these terms, both you and Yellowpop agree that any such dispute will be resolved through binding individual arbitration. Both you and Yellowpop understand and agree to waive the right to sue or go to court to assert or defend our respective rights. However, either you or Yellowpop may bring any individual claim in small claims court consistent with the jurisdictional and dollar limits that may apply, as long as it is brought and maintained as an individual claim. The term “dispute” means any dispute, action, claim, or other controversy between you and Yellowpop, whether in contract, warranty, tort, statute, regulation, ordinance, or any other legal or equitable basis. “Dispute” will be given the broadest possible meaning allowable under law.
- Informal Dispute Resolution. Either party asserting a dispute shall first try in good faith to resolve it by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) and allowing the receiving party 30 days in which to respond. Both you and Yellowpop agree that this dispute resolution procedure is a condition precedent which must be satisfied before initiating any arbitration against the other party.
- How Arbitration Works. Either party may initiate arbitration, which shall be conducted by the American Arbitration Association (“AAA”) pursuant to its Consumer Arbitration Rules (“AAA Rules”), as modified by these Arbitration Provisions. To file an arbitration demand and review the AAA Rules, you can go to the AAA’s website www.adr.org, or call the AAA at (800) 778-7879. In the event the AAA is unavailable or unwilling to hear the dispute, you and Yellowpop will mutually agree to, or the court shall select, another arbitration provider. The arbitration will be conducted by telephone, videoconference, or in-person in the county of your residence (as determined by your billing address on file in your Yellowpop account) as mutually agreed upon by you and Yellowpop. If you live outside the United States, any arbitration will take place in New York, NY. Unless the arbitrator finds some or all of your claims to be frivolous, without merit or otherwise non-reimbursable, Yellowpop will pay all filing, administrative, arbitrator and hearing costs up to the amount of $10,000. In determining whether an action is frivolous, the arbitrator may consider whether Yellowpop offered you a full refund of the sum you paid for any items you purchased, or otherwise offered full relief to you in relation to your individual claim.
- Waiver of Right to Bring Class Action and Representative Claims. All arbitrations shall proceed on an individual basis. The arbitrator is empowered to resolve the dispute with the same remedies available in court, however, any relief must be individualized to you and shall not affect any other customer. You and Yellowpop also agree waive the right to assert or participate in any class action lawsuit or class action arbitration, any private attorney general lawsuit or private attorney general arbitration, and any joint or consolidated lawsuit or joint or consolidated arbitration of any kind. If a court decides that the limitations of this paragraph are deemed invalid or unenforceable, any putative class, private attorney general, or representative action must be brought in a court of proper jurisdiction and not in arbitration.
- User Must Comply with Applicable Laws.
You are solely responsible for ensuring compliance with the laws of your specific jurisdiction and for abiding by all applicable local, state, provincial, national, and international laws and regulations.
- Transfer and Processing of Personal Data.
- This Agreement is governed by the internal substantive laws of the State of New York, without respect to its conflict of laws provisions. Any dispute between you and Yellowpop that is not subject to arbitration or cannot be heard in small claims court will be resolved in state and federal courts sitting in the City of New York in the State of New York. If any provision of these Terms is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. Our failure to act on or enforce any provision of these Terms shall not be construed as a waiver of that provision or any other provision in this Agreement. No waiver shall be effective against us unless made in writing, and no such waiver shall be construed as a waiver in any other or subsequent instance. We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation. Any information you submit to or provide through the Website might be publicly accessible, and you should protect important and private information. We are not liable for protection of privacy of email or other information transferred through the Internet or any other network that you may use. Goods, including any intellectual property, are subject to any applicable rights of third parties, such as patents, copyrights and/or user licenses. Any term herein may not be amended, supplemented, changed, or modified, except by agreement in writing signed by the parties to be bound thereby. Ambiguities, if any, shall not be construed against any party, irrespective of which party may be deemed to have authored the ambiguous provision.