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THIS AGREEMENT (the “Agreement”) IS BY AND BETWEEN YOU (hereafter “You” or “Your”) AND WWW.YAYSAVE.COM LLC, a California limited liability company (hereafter “www.Yaysave.com”, “Us” or “We”) in connection with the services (the “Services”) provided on Our website located at the url: www.Yaysave.com (the “Website”). PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THE WEBSITE. All users of the Website agree that access to and use of the Website and all services provided by www.Yaysave.com are subject to this Agreement and other applicable law. If You do not agree to this Agreement, You are not permitted to use Our Services.
The entire content included on the Website, including but not limited to text, graphics or code is copyrighted as a collective work under the United States and other copyright laws, and is the property of www.Yaysave.com. The collective work includes works that are licensed to www.Yaysave.com. Copyright 2012, www.Yaysave.com ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of the Websitefor the sole purpose of placing an order with www.Yaysave.com or purchasing www.Yaysave.com products. You may display and, subject to any expressly stated restrictions or limitations relating to specific material, download or print portions of the material from the different areas of the Website solely for Your own non-commercial use, or to place an order with www.Yaysave.com or to purchase www.Yaysave.com products. Any other use, including but not limited to the reproduction, distribution, display or transmission of the content of the Websiteis strictly prohibited, unless authorized by www.Yaysave.com. You further agree not to change or delete any proprietary notices from materials downloaded from the Website.
All trademarks, service marks and trade names of www.Yaysave.com used in connection with the Services, including, without limitation, use on the Website are trademarks or registered trademarks of www.Yaysave.com.
The, Services, Website and the materials and products in connection therewith are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, www.Yaysave.com disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement. www.Yaysave.com does not represent or warrant that the functions contained on the Website will be uninterrupted or error-free, that the defects will be corrected, or that the Websiteor the server that makes the Website available are free of viruses or other harmful components. www.Yaysave.com does not make any warranties or representations regarding the use of the materials in the Website in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability or otherwise. Some states do not permit limitations or exclusions on warranties, so the above limitations may not apply to You.
Limitation of Liability
www.Yaysave.com shall not be liable for any special or consequential damages that result from the use of, or the inability to use, Our Services, the materials on the Website or the performance of the products acquired therefrom, even if www.Yaysave.com has been advised of the possibility of such damages. Applicable law may not allow the limitation of exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to You.
We may from time to time offer Our customers a membership (“Membership”) to a premium program (the “Premium Program”). The Premium Program Membership shall be available to valid authorized users of Our Service (the “Members”) who pay Us the then-current fee (the “Fee”); which Fee is non-refundable and which Fee amount is subject to change in Our sole discretion at any time. Premium Program Members shall enjoy (i) unlimited free shipping and (ii) five percent (5%) cash back on all qualified orders during the Membership Term (defined below).
To join the Premium Program, please visit https://www.yaysave.com/index.php/customer/account/create-premium/ and follow the prompts and instructions. Premium Program Memberships are available to end-users who are consumers only. Any Unauthorized Activity by You in connection with the Premium Program are strictly prohibited and shall be subject to the same actions by Us against You as referenced in the “Use of Website” section below. Actions constituting “unauthorized activity” shall be defined as all actions that go against this Agreement, applicable law and any other actions as determined by Us in Our reasonable business judgment, including, without limitation, resale (e.g. retail, wholesale or otherwise) of products purchased by You from Us and/or any business to business transaction involving Products sold by Us to You without Our express prior written consent. In the event of an increase in the Fee, www.Yaysave.com shall provide You prior written notice no later than ten (10) days prior the expiration of the then-current yearly term of Your Premium Program Membership. Premium Program membership commences the date on which a valid authorized user agrees to become a Premium Program Member and pays the Fee (the “Start Date”). Premium Program “Membership Term” shall expire 12 months from the last day of the month following the Start Date. By way of example, if the Start Date of a Premium Program membership is January 5, 2012, the Premium Program Membership Term shall expire on January 31, 2013. Prior to the expiration of Your Premium Program membership, should You decide to continue as a member of the Premium Program, You must renew Your membership and pay the Fee with a valid credit card.
We may from time to time run contests, promotions and/or award prizes for the benefit of Our users. You agree that We are not responsible for the loss of any virtual currency, points, prizes, awards or credits awarded by Us to You, regardless of monetary value, in the event there is any catastrophic data or server error, criminal act, vandalism, cyber attack or other events which make it impossible for Us to determine the value of any account or accounts.
Yaysave Referral Program
We may from time to time run a referral program for registered users (the “Referral Program”). The Referral Program shall allow registered users (the “Referring Member”) to invite third parties (the “Referred Member”) to create a user account on Our Website (so long as the Referred Member was not previously a user of Our Service). The Referring Member shall earn a commission in the form of Website store credits (each a “Credit”) from qualifying transactions made by the Referred Member. Each Credit shall be equal in value to one U.S. Dollar ($1.00). The commission rate earned by each Referring Member shall be set by US (in our sole discretion) but in no event shall the commission rate fall below five percent (5%) from qualifying transactions. Credits may not be redeemed in any manner other than for purchasing products through the Website store with the earned credits. The Referred Member agrees to opt-in to the Referral Program automatically upon registering to the Website through the Referring Member’s invitation. In such event, the Referred Member permits Us to automatically inform the Referring Member of all qualifying transactions undertaken by the Referred Member which go toward the earned commission. Such information shall be strictly limited to the Referring Member’s name (and/or registered username), the date of the qualifying transaction, the commission accrued per qualifying transaction and the then-current total accrued commission earned by the Referring Member. In no event, shall the commission earned by the Referring Member from each referral exceed $100 in value. Only one account is permitted for each user of Our Services. Referring Members may only create and maintain one Referring Member account.
In the event of a typographical error on the Website, including without, limitation, if products are mistakenly listed at an incorrect price, www.Yaysave.com reserves the right to refuse or cancel any orders placed for any and all products listed at the incorrect price. www.Yaysave.com reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and Your credit card charged. If Your credit card has already been charged for the purchase and Your order is cancelled, www.Yaysave.com shall issue a credit to Your credit card account in the amount of the incorrect price.
You are bound by this Agreement upon Your accessing the Website and/or completing the registration or shopping process. This Agreement, or any part of it, may be modified and/or terminated by www.Yaysave.com without notice at any time, for any reason. The provisions relating to Copyrights, Trademark, Disclaimer, Limitation of Liability, Indemnification and Miscellaneous, shall survive any termination.
www.Yaysave.com may deliver notice to You by means of e-mail, a general notice on the Website, and/or by any other reliable method, including, without limitation, to an address You have provided to www.Yaysave.com.
Your use of Our Service and the Website shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to Our Services, the Website and/or www.Yaysave.com generally (including but not limited to the purchase of www.Yaysave.com products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim You may have with respect to the Website (including but not limited to the purchase of www.Yaysave.com products) must be commenced within one (1) year after the claim or cause of action arises. www.Yaysave.com's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify this Agreement. You may not assign or transfer any rights or duties under this Agreement to any third party. www.Yaysave.com may assign its rights and duties under this Agreement to any party at any time without notice to You.
Use of Website
Your use of the Service must be strictly for non-commercial purposes and in accordance with this Agreement. Fraudulent activity of any kind (as determined in Our sole discretion), including without limitation, business-to-business transactions, credit card fraud, use of “bots” and identity theft are strictly forbidden. You agree not to access (or attempt to access) any of the Services by any means other than through the interface that We provide, unless You have been specifically allowed to do so in a separate agreement with Us. You specifically agree not to access (or attempt to access) any of the Services through any automated means (including use of scripts or web crawlers). Harassment in any manner or form on the Website and/or in connection with Our Services, including via e-mail, chat, or by use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a www.Yaysave.com or other licensed employee, host, or representative, as well as other members or visitors on the Website is strictly prohibited. You may not upload to, distribute, or otherwise publish through the Website any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable which may constitute or encourage a criminal offense, violate the rights of any party or which may otherwise give rise to liability or violate any law. You may not upload commercial content on the Website or use the Website to solicit others to join or become members of any other commercial online service or other organization. In addition to all other remedies available to Us in law and/or in equity, any unauthorized use of the Website and/or Our Services will result in the termination of any account or accounts associated with You; such accounts shall be deemed null and void and any and all information and/or benefits relating to such account(s) shall revert to and/or become the sole property of www.Yaysave.com, including, without limitation, any credits, points, virtual currency, prizes and/or any other awards (regardless of monetary value). We further reserve the right to block Your access to the Website and Our Services, including without limitation, voiding any and all of Your credits, promotions and/or orders, suspencion and/or termination of Your account and blocking all I.P. addresses reasonably associated with Your account. We will not be liable for the termination of the Service on any account whatsoever including (without limitation) any awards, points, prizes or credits in You favor at the time of termination.
www.Yaysave.com does not and cannot review all communications and materials posted to or created by users accessing the Website, and is not in any manner responsible for the content of these communications and materials. You acknowledge that by providing You with the ability to view and distribute user-generated content on the Website, www.Yaysave.com is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the Website. However, www.Yaysave.com reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark or; other intellectual property right of another or (d) offensive or otherwise unacceptable to www.Yaysave.com in its sole discretion.
You agree to indemnify, defend, and hold harmless www.Yaysave.com, its officers, directors, employees, agents, licensors, affiliates and suppliers (collectively the "Service Providers") from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of this Agreement or any activity related to Your account (including negligent or wrongful conduct) by You or any other person accessing the Website using Your account.
In an attempt to provide increased value to Our visitors, We may link to sites operated by third parties. However, even if the third party is affiliated with www.Yaysave.com, www.Yaysave.com has no control over these linked sites, all of which have separate privacy and data collection practices, independent of www.Yaysave.com. These linked sites are only for Your convenience and therefore You access them at Your own risk. Nonetheless, www.Yaysave.com seeks to protect the integrity of its Services and the links placed upon Our Website and therefore requests any feedback on not only its own Website, but for sites it links to as well (including if a specific link does not work).
Digital Millennium Copyright Act
A. If You are a copyright owner or an agent thereof and believe that any content on Our Website infringes upon Your copyrights, You may submit a notification pursuant to the Digital Millennium Copyright Act ("DMCA") by providing Our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
We have a designated Copyright Agent to receive notifications of claimed infringement. All such claims shall be sent to the attention of YAYSAVE DMCA AGENT and sent to (i) 4040 Spencer Street, Unit 2, Torrance, CA 90503 or (ii) email@example.com. For clarity, only DMCA notices should go to the Copyright Agent. You acknowledge that if You fail to comply with all of the requirements listed above, Your DMCA notice may not be valid.
What information do we collect?
How do we use your information?
We may use the information We collect from You when You register, purchase products, enter a contest or promotion, respond to a survey or marketing communication, surf the Website, participate in a referral program and/or use certain other Website features, without limitation, in the following ways:
How do we protect visitor information?
We implement a variety of security measures to maintain the safety of Your personal information. Your personal information is contained behind secured networks and is only accessible by a limited number of persons who have special access rights to such systems, and are required to keep the information confidential. When You place orders or access Your personal information, We offer the use of a secure server upon checkout. All sensitive/credit information You supply is transmitted via Secure Socket Layer (SSL) technology and then encrypted into Our databases to be only accessed as stated herein.
Do we use "cookies"?
We may contract with third-party service providers to assist Us in better understanding Our site visitors. These service providers are not permitted to use the information collected on Our behalf except to help Us conduct and improve Our business.
You can choose to have Your computer warn You each time a cookie is being sent, or You can choose to turn off all cookies. You do this through Your browser (like Safari or Internet Explorer) settings. Each browser is a little different, so look at Your browser Help menu to learn the correct way to modify Your cookies. If You turn cookies off, You won't have access to many features that make Your site experience more efficient and some of Our services will not function properly. However, You can still place orders over the telephone by contacting customer service.
Do we disclose the information we collect to outside parties?
We do not sell, trade, or otherwise transfer to outside parties Your personally identifiable information unless We provide You with advance notice, except as described below. The term "outside parties" does not include www.Yaysave.com. It also does not include www.swagbucks.com, hosting partners and other parties who assist Us in operating Our website, conducting Our business, or servicing You, so long as those parties agree to keep this information confidential. We may also release Your information when We believe release is appropriate to comply with the law, enforce Our site policies, or protect ours or others' rights, property, or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
How can You opt-out, remove or modify information You have provided to Us?
To modify Your e-mail subscriptions, please use the hyperlink options found within each email sent to you. Please note that due to email production schedules You may receive any emails already in production. For additional help or questions regarding subscription services, please email our Customer Service Department via email at firstname.lastname@example.org.
To delete all of Your online account information from Our database, sign into the "My Account" section of Our site and remove Your shipping addresses, billing addresses & payment information. Please note that We may maintain information about an individual sales transaction in order to service that transaction and for record keeping.
Third party links
In an attempt to provide You with increased value, We may include third party links on Our site. These linked sites have separate and independent privacy policies. We therefore have no responsibility or liability for the content and activities of these linked sites. Nonetheless, We seek to protect the integrity of Our site and welcome any feedback about these linked sites (including if a specific link does not work).
Changes to our policy
Questions and feedback
We welcome Your questions, comments, and concerns about privacy. Please send Us any and all feedback pertaining to privacy, or any other issue.
Online Policy Only
By using Our Website, You consent to this Agreement.
Terms and Conditions
Please also visit our Terms and Conditions section establishing the use, disclaimers, and limitations of liability governing the use of our website.