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YIPES ENTERPRISE SERVICES, INC.
TERMS OF USE
1) This Terms of Use agreement (interchangeably, "Terms of Use" or "Terms of Use Agreement") applies to all aspects of Users' accessing, browsing, using, framing and/or linking to Yipes’ Web sites including without limitation the YipesCARE and the Yipes Blog sites ("Sites"). Any person accessing, browsing, using, framing and/or linking to any of Yipes’ Sites in any way is a "User" for purposes of this Terms of Use Agreement and may be referred to as "User," "Users" or "You" herein. By accessing, browsing, using, framing and/or linking to any of Yipes’ Sites, You acknowledge that You have read, understand, and agree to be bound by the provisions of this Terms of Use Agreement, as amended from time to time. IF YOU DO NOT AGREE TO ALL OF THE PROVISIONS OF THIS TERMS OF USE, YOU ARE NOT ENTITLED TO USE THE YIPES SITES.
2) Termination of Use.
This Terms of Use Agreement shall remain in force until terminated by either You or Yipes. You may terminate this Terms of Use Agreement solely by discontinuing Your use of and access to Yipes’ Sites. Yipes may terminate this Terms of Use Agreement, or suspend Your access to all or part of Yipes’ Sites, without notice, for any conduct that Yipes, in Yipes’ sole discretion, believes is disruptive to Yipes’ Sites, is in violation of any applicable law or is in violation of this Terms of Use Agreement.
3) Restrictions on Use.
a) Copying License. Subject to all of the provisions of this Terms of Use, Yipes hereby grants You a terminable, non-exclusive, non-transferable, personal, non-sublicenseable license to copy Yipes’ materials published on Yipes’ Sites ("Content") exclusively for Your or Your organization’s personal non-commercial use ("Copying License"). The design and layout of any and all of Yipes’ Sites are specifically excluded from the definition of Content. No other use of the Content is authorized under this Copying License. Any copy of the Content (or any portion thereof) that You make must retain all copyright and other proprietary notices contained herein or therein.
b) Limited License. Subject to all of the provisions of this Terms of Use, Yipes hereby grants You a terminable, non-exclusive, non-transferable, personal, non-sublicenseable license to access and use Yipes’ Sites ("Limited License"), and (pursuant to the Copying License) to download one copy of part or all of the Content to a single computer solely for viewing and browsing purposes. All other uses of Yipes’ Sites, its software and the Content, including, but not limited to modification, publication, transmission, participation in the transfer or sale of, reproduction, creation of derivative works from, distribution, performance, display, incorporation into another Web site, mirroring Yipes’ Sites or in any other way exploiting any of the Content, in whole or in part, is not permitted under this Limited License and may violate one or more of Yipes’ or a third party's intellectual property rights and is prohibited without Yipes’ prior express written consent. Except for this Limited License and the Copying License, nothing contained herein shall be construed as conferring to You in any manner, whether by implication, estoppel or otherwise, any license, title, or ownership of or to any intellectual property right of Yipes or any third party. Please contact Yipes Marketing (marketing@yipes.com) for permission to use any Yipes collateral beyond that granted herein.
4) Notices.
a) Trademark and Copyright Notices. "Yipes,” the “Yipes” logo, Yipes slogans such as “Build for Business” and other Yipes product/service names and logos are trademarks and service marks of Yipes Enterprise Services, Inc. ("Yipes Marks"). Any use of the Yipes Marks is prohibited without express written permission., and may not be used in connection with any product or service that is not Yipes’ in any manner that is likely to cause confusion among customers or in any manner that disparages or discredits Yipes. Other third-party trademarks used in connection with the Yipes Sites belong to their respective owners. Please contact Yipes Marketing (marketing@yipes.com) for permission to use any Yipes Marks or with any questions you may have regarding proper YIPES Marks usage.
b) California Legal Notice. Californians have rights to the following information pursuant to California Civil Code Section 1789.3 and California Business and Professions Code Section 17538. Yipes Enterprise Services, Inc., located at 114 S, is the provider of the electronic commercial service on Yipes’ Sites. The Complaint Assistance Unit of the Division of Consumer Services of the Department of Consumer Affairs in California may be contacted in writing at 400 R. Street, Suite 3090, Sacramento, CA 95814 or by calling 1-800-952-5210.
5) Communications with Yipes and Submission of Ideas.
Yipes welcomes Your comments and feedback regarding Yipes’ Sites and its services; however, Yipes does not want and cannot accept any ideas, suggestions and other similar submissions disclosed, submitted or offered to Yipes using Yipes’ Sites or otherwise which You consider to be confidential or proprietary. Accordingly, all comments, feedback, ideas, suggestions and other similar submissions disclosed, submitted or offered to Yipes using Yipes’ Sites or otherwise (collectively, "Submissions") are not confidential and become and remain the property of Yipes. Subject to the parameters and restrictions set forth in Yipes’ Privacy Policy, Yipes is under no obligation to refrain from and is entitled to use, display, publish, reproduce, modify, transmit, sublicense, translate, create derivative works from and distribute Submissions in any medium and through any method of distribution, transmission or display for any purpose whatsoever, commercial or otherwise, without compensation or any other obligation to the provider of the Submissions. You hereby give Yipes Your consent to use Your personal data consistent with Yipes’ Privacy Policy.
6) Copyright Infringement and DMCA Notification.
Yipes respects the intellectual property of others and asks its content partners and those posting to Yipes Sites to do the same. Yipes’ network and the Yipes Sites may not be used to transmit, retransmit, distribute, post, or store any material that is in violation of any rights of any person including rights protected by copyright, trade secret, patent, or other intellectual property or similar laws or regulations, Yipes has established procedures for enforcing this statement which are designed to be in accord with the Digital Millennium Copyright Act.
If You believe that Your information or Submissions have been used on the Sites in a manner that constitutes copyright infringement, please provide Yipes’ Copyright Agent with a written notice (e-mail is sufficient) that includes the following information:
- an electronic or physical signature of a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
- identification of the copyrighted work claimed to have been infringed;
- a description of where the material that You claim is infringing is located on the Site;
- Your address, telephone number, and e-mail address;
- a statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by You, under penalty of perjury, that the information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
Company’s Copyright Agent for notice of claims of copyright infringement on this Site is: Tracy Smith, tsmith@yipes.com
i) Please note that any person who knowingly misrepresents to Yipes that material is infringing shall be liable to Yipes and/or the alleged infringer for any damages (including costs and attorneys' fees) suffered or incurred by Yipes and/or the alleged infringer as a result of Yipes’ relying on such misrepresentation and removing or disabling access to such material.
ii) Similarly, any person who knowingly misrepresents to Yipes that the material was removed or access blocked by mistake or misidentification shall be liable to Yipes and/or the copyright owner or its authorized licensee for any damages (including costs and attorneys' fees) suffered or incurred by Yipes and/or the copyright owner or its authorized licensee as a result of Yipes’ relying on such misrepresentation and replacing such removed or blocked material.
7) Third Party Links.
a) Yipes’ Sites may provide links or references to other sites, including sites provided by the United States government. Yipes has no responsibility for the content of these other sites, does not make any representations or give any warranties with respect to any information contained in or at these other sites, and shall not be liable for any damages or injury arising from the content of these other sites. Yipes does not endorse companies or products to which it has provided links. Any links to other sites are provided merely as a convenience to Users and, if You decide to access any of the third party sites linked to Yipes’ Sites, You do so entirely at Your own risk. Yipes reserves the right to terminate any link or linking program at any time. You acknowledge that Yipes’ Sites may link to other Web sites not controlled by Yipes and that Yipes is not responsible for the data collection policies of these sites.
b) There may be circumstances where access to Yipes’ Sites is provided by a hypertext link located at another Web site. Yipes does not make any representations or give any warranties with respect to any information contained in or at these other sites and Yipes shall not be liable for any damages or injury arising from the content of these other sites. Yipes does not endorse the individuals, companies or other similar entities, or any products or materials associated with such individuals, companies or other similar entities, which provide a link to Yipes’ Sites at their Web sites. Unless approved in writing in advance by Yipes, You agree not to: (a) provide or create a link to Yipes’ Sites; and/or (b) create any frames at any other Web sites pertaining to any of the Content. Please contact Yipes to seek approval for linking to Yipes’ Sites.
8) Products and Services Availability.
Yipes is a service provider operating in some, but not all, markets within the U.S. and may provide access to international information, which information may contain references or cross references to products, programs, and services that are not currently available in Your country. Yipes’ provision of references to such products, programs, and services does not necessarily mean or otherwise imply that the products, programs, and services announced or discussed are available in countries other than the United States. Therefore, Yipes may provide access to information that may contain references or cross references to products, programs, and services that are not announced or available in all U.S. markets or all markets where Yipes conducts business.
9) NO WARRANTY. YIPES PROVIDES THE SITE AND ITS SERVICES “AS IS” AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. TO THE FULL EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YIPES SPECIFICALLY DISCLAIMS THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON INFRINGEMENT. Yipes does not guarantee continuous, uninterrupted or secure access to its services, and operation of the Site may be interfered with by numerous factors outside of its control, including but not limited to telecommunications network disruptions. Nor does Yipes guarantee the accuracy, timeliness or completeness of any information on its Site or the results of Your use of the Site.
10) Limitation of Liability. Yipes periodically schedules system downtime for maintenance and other purposes. Unplanned system outages also may occur. Yipes shall have no liability whatsoever for the resulting unavailability of the Site or for any loss of data or transactions caused by planned or unplanned system outages or the resulting delay, mis-delivery, or non-delivery of data or other information caused by such system outages, or any third party acts or any other outages of Web host providers or the Internet infrastructure and network external to Yipes’ Sites.
IN NO EVENT SHALL YIPES OR ITS LICENSORS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (HOWEVER ARISING, INCLUDING NEGLIGENCE) ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT. SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE EXCLUSIONS SHALL ONLY APPLY TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAW. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, YIPES’S AGGREGATE LIABILITY, AND THE AGGREGATE LIABILITY OF ITS LICENSORS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO $100.
11) Indemnity.
You agree to indemnify, defend, and hold Yipes and Yipes’ subsidiaries, affiliates, officers, directors, agents and employees harmless from any claim or demand, including attorneys' fees, made by any third party due to or arising out of Your breach of these Terms of Use or Your violation of any law or the rights of a third party.
12) General.
a) Yipes’ services and Sites are available only to individuals who are eighteen (18) years of age or older. The Sites and the services are available only to individuals or businesses who can form legally binding contracts under applicable law.
b) Applicable Law. You hereby acknowledge and agree that Yipes’ Terms of Use, Yipes’ Privacy Policy, and Your access to and use of Yipes’ Sites are governed by U.S. Federal Law and/or the laws of the State of California, and that any legal action or proceeding relating to Yipes’ Terms of Use, Yipes’ Privacy Policy, and Your access to and use of Yipes’ Sites shall be instituted only in a state or federal court located in San Francisco County, California, U.S.A. You and Yipes hereby irrevocably agree to submit to the jurisdiction of, and agree that venue is proper in, these courts in any such legal action or proceeding.
c) Severability. If any provision of this Terms of Use is found by a court to be unlawful, invalid or unenforceable, the parties agree that the court shall amend that provision to achieve as nearly as possible the same effect as the original provision and the remainder of these Terms of Use will remain in full force.
d) Waiver. No delay or omission by Yipes to exercise any right occurring upon any noncompliance on Your part with respect to any of the terms of this Terms of Use shall impair any such right or power or be construed to be a waiver thereof. Any waiver by Yipes of any of the covenants, conditions, or agreements to be performed by You shall not be construed to be a waiver of any succeeding breach thereof or of any covenant, condition, or agreement herein contained.
Contacting Yipes:
Main Corporate Office
114 Sansome Street
11th Floor
San Francisco, CA 94104
Phone: 415-901-2000
Fax: 415-901-2201
Revised 04.18.07
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