Terms of Use

 

Terms of Use


Effective Date: January 10, 2021

These Terms of Use (“Terms”) apply to all contents and information available within the domain www.yesto.com (the “Site”). These Terms are a legally binding agreement between you and Yes To and govern your use of the Site. Please review THESE TERMS carefully. By using THE Site, you accept the TERMS set forth herein. If you do not accept such TERMS, you may not access the Site.

Changes to Terms

The Effective Date of these Terms is set forth at the top of this webpage. We may change these Terms from time to time in our discretion. Changes will be posted to this webpage. We encourage you to return to this webpage frequently so that you are aware of our current Terms. Your continued use of the Site after the Effective Date constitutes your acceptance of the amended Terms. The amended Terms supersede all previous versions.

Privacy

Please review our Privacy Policy (“Privacy Policy”) which also applies to your use of the Site.

Intellectual Property

The Site, and the information, files, documents, text, photographs, images, audio, and video which it contains and any material made available for download on the Site (collectively, the “Content”) are the property of us or our licensors, as applicable. The Site and Contents are protected by United States and international copyright and trademark laws. The Content may not be copied, distributed, modified, reproduced, published or used, in whole or in part, except for purposes authorized or approved in writing by us. All rights not expressly granted herein are reserved to us and our licensors.

License

Yes To grants you a limited license to access and make personal use of the Site subject to these Terms. The Site and any part of it may not be reproduced, copied, framed or otherwise exploited for any commercial purpose without the express prior written consent of Yes To.

Purchases

Yes To may offer the opportunity to buy products directly from Yes To on the Site. All products offered for purchase on the Site are subject to availability. The prices stated for such products are subject to change without notice. Any Yes To publication concerning the products offered by Yes To, including but not limited to the Site, may include inaccuracies or typographical errors. Yes To shall not be held responsible for any pricing, typographical, or other errors in such publications. Changes may be periodically made to these publications. Yes To may make improvements and/or changes in the products described in these publications at any time without notice.

We reserve the right, at our sole discretion, to cancel or refuse any order for any reason at any stage of the online ordering process, including after an order has been submitted and whether or not the order has been confirmed. Unless otherwise agreed to by Yes To, payment must be received by Yes To prior to acceptance of an order. Yes To may process payment for and ship parts of an order separately. Some situations that may result in cancellation include limitations on quantities available for purchase, inaccuracies or errors in product or pricing information or other problems identified by our independent third-party payment processor. We may require additional verifications or information before accepting any order. We will attempt to contact you if all or any portion of your order is cancelled, or if additional information is required to accept your order.

The Site may provide the ability to purchase products from Yes To’s third party resellers. Any purchases you make from third party resellers are between you and the third party reseller and subject to the terms and conditions of sale of that third party reseller. EXCEPT AS EXPRESSLY PROVIDED IN THESE TERMS, YES TO MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND REGARDING ANY TRANSACTION BETWEEN YOU AND A THIRD PARTY RESELLER OR ANY PRODUCTS YOU PURCHASE FROM A THIRD PARTY RESELLER.

Payment

We use Shoppable, to process payments for purchases made on the Site by incorporating Shoppable’s platform into the Site (the “Shoppable Platform”). If you use the Site to make any purchases, you agree and accept Shoppable’s Terms of Use. All information collected through the use of the Shoppable Platform is subject to Shoppable’s Privacy Notice. You acknowledge and agree to allow Shoppable to provide us and applicable third party distributors with information about you and a respective transaction as necessary to fulfill purchases you make on the Site, including but not limited to your name, shipping address, and order number.

YES TO MAKES NO REPRESENTATION OF ANY KIND WITH RESPECT TO THE SHOPPABLE PLATFORM, THE COMPLETENESS OR ACCURACY OF ANY HYPERLINKS FOUND ON THE SHOPPABLE WEB SITE, OR ANY APPLICATIONS SHOPPABLE MAKES AVAILABLE TO YOU.

The Shoppable Platform accepts credit and debit cards issued by U.S. banks and other payment and billing methods that may be designated by us at the time of purchase. If a credit or debit card account is being used for a transaction, you represent and warrant that if you are making online payments that (a) any credit card, debit card and bank account information you supply is true, correct and complete, (b) charges incurred by you will be honored by your credit/debit card company or bank, (c) you will pay the charges incurred by you in the amounts posted, including any applicable taxes, and (d) you are the person in whose name the card was issued and you are authorized to make a purchase or other transaction with the relevant credit card and credit card information.

You are liable for all transaction taxes for purchases on the Site, including any applicable sales, use or value added taxes. Payment will be processed by Shoppable using the preferred payment method you choose. We may charge another stored payment method if your default payment card is declined or no longer available to us.

Certain features of the Site, including placing orders, may require you to pay fees to Yes To or our third party vendors, including, but not limited to, service fees and surge fees. Yes To may change the fees at any time as we deem necessary or appropriate for our business. You acknowledge and accept that a fee will be charged and you agree to pay such a fee.

Charges paid by you for completed and delivered orders are final. Yes To has no obligation to provide refunds, credits or promotional offers, but may grant them, in each case in Yes To’s sole discretion.

Links to Third Party Sites

The Site may contain links to third-party websites or may give you access to third-party applications. Please understand that those third-party websites and applications may have different terms of use and privacy policies, and that Yes To does not control and is not responsible for the content of such websites and applications or the privacy practices of such third parties. The information collected by such third-party websites is not covered by the Privacy Policy.

Security and Restrictions

You are prohibited from violating or attempting to violate the security of the Site, including, without limitation, by (a) accessing data not intended for such user or logging onto a server which the user is not authorized to access; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (c) accessing or using the Site or any portion thereof without authorization; or (d) introducing any viruses, Trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

You agree not to use the Site:

  • In any way that violates any applicable federal, state, local or international law or regulation;
    • To engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Site, or which, as determined by us, may harm us or users of the Site or expose them to liability;
    • Use the Site in any manner that could disable, overburden, damage, or impair the Site or interfere with any other party’s use of the Site;
    • Use any robot, spider or other automatic device, process or means to access the Site for any purpose, including monitoring or copying any of the materials on the Site;
    • Use any manual process to monitor or copy any of the materials on the Site or for any other unauthorized purpose without our prior written consent;
    • Use any device, software or routine that interferes with the proper working of the Site; or
    • Otherwise attempt to interfere with the proper working of the Site.

User Submissions

Except for any personally identifiable information we may collect from you under the guidelines established in our Privacy Policy, any material, information or other communication you provide to us including any ideas, comments, suggestions, feedback, data or the like (“Communications”) will be considered non-confidential and non-proprietary. Yes To will have no obligations with respect to the Communications. Furthermore, you give up all intellectual property rights, including any moral, publicity and privacy rights you have in any Communication. By submitting the Communication to Yes To, you agree Yes To is free to use the Communication, without limitation and without any compensation to you, for any purpose whatsoever and in identifiable or de-identifiable form. Yes To and its designees will be free to copy, disclose, distribute, incorporate, commercialize and otherwise use the Communications and all data, images, sounds, text, and other things embodied therein for any and all commercial or noncommercial purposes.

Warranty, Disclaimer and Limitation of Liability

The sole warranty for our products purchased directly from us (e.g., via the Site) or one of our authorized retailers or resellers is set forth in our Limited Warranty Policy, which is incorporated herein by reference.

WE DO NOT WARRANT THAT ACCESS TO OR USE OF THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SITE WILL BE CORRECTED. THE SITE IS PROVIDED BY Yes TO ON AN “AS IS” AND “AS AVAILABLE” BASIS. OTHER THAN AS EXPRESSLY PROVIDED IN OUR LIMITED WARRANTY POLICY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YES TO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, OUR PRODUCTS OR THE INFORMATION, CONTENT OR MATERIALS INCLUDED ON THE SITE. EXCEPT TO THE EXTENT PROHIBITED BY APPLICABLE LAW, IN NO EVENT WILL YES TO OR ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS OR OTHER REPRESENTATIVES BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL LOSSES OR DAMAGES OF WHATSOEVER KIND ARISING OUT OF ACCESS TO OR USE OF THE SITE, SITE-RELATED SERVICES OR ANY INFORMATION, OUR PRODUCTS, CONTENT OR MATERIALS INCLUDED ON THE SITE. YOU AGREE TO RELEASE AND HOLD HARMLESS YES TO AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND OTHER REPRESENTATIVES FROM ANY AND ALL SUCH LIABILITY.

IF YOU ARE A CALIFORNIA RESIDENT, YOU ACKNOWLEDGE AND AGREE THAT YOU WAIVE THE PROVISIONS OF CALIFORNIA CIVIL CODE § 1542, which states:

“A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party.”

OTHER THAN AS EXPRESSLY PROVIDED IN OUR LIMITED WARRANTY POLICY, YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE, CONTENT, INFORMATION CONTAINED WITHIN THE SITE, ANY LINKED SITE, OR ANY PRODUCTS PURCHASED THROUGH THE SITE OR FROM ANY AUTHORIZED RETAILER OR RESELLER IS TO STOP USING THE SITE AND/OR THOSE PRODUCTS. TO THE EXTENT ANY ASPECTS OF THE FOREGOING LIMITATIONS OF LIABILITY ARE NOT ENFORCEABLE, OUR MAXIMUM LIABILITY TO YOU WITH RESPECT TO YOUR USE OF THIS SITE AND ANY PRODUCTS PURCHASED BY YOU IS ONE HUNDRED DOLLARS ($100.00). THE FOREGOING LIMITATIONS APPLY EVEN IF THE REMEDIES UNDER THESE TERMS OF USE FAIL OF THEIR ESSENTIAL PURPOSE.

Any claims arising in connection with your use of the Site or any products purchased through the Site must be brought within one (1) year of the date of the event giving rise to such action occurred. 

Indemnification

You agree to indemnify, defend and hold harmless us and our affiliates, and our respective officers, directors, employees, agents and representatives from and against all losses, expenses, damages, and costs, including reasonable attorney fees, resulting from any violation by you of these Terms or from your use of the Site.

Miscellaneous

These Terms shall be governed by the laws of California, and you agree to submit to the exclusive jurisdiction of the courts of Los Angeles County, California, USA in respect of any disputes arising under or in connection with these Terms. We reserve the right to seek all remedies available at law and in equity for violations of these Terms, including the right to block your access to the Site and block IP addresses.

If any provision of these Terms is held to be unenforceable, the remaining Terms shall remain in full force and effect, and the unenforceable provision shall be replaced by an enforceable provision that comes closest to the intention underlying the unenforceable provision.

No waiver by us of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition. Our failure to insist upon or enforce strict performance of any provision of these Terms shall not be construed as a waiver of any right.

How to Contact Us

If you have any questions, comments or notices regarding these Terms, please contact us at info@yesto.com.