YAHBG Terms of Service
Last Modified: December 13, 2018
This YAHBG Terms of Service (”Agreement”) is a binding agreement between you (”End User” or “you”) and YAHBG, LLC (”YAHBG”). This Agreement governs your use of the YAHBG mobile application and any YAHBG website (collectively and including all related documentation, the “YAHBG App”). The YAHBG App is licensed, not sold, to you.
BY CLICKING THE “AGREE” BUTTON THE YAHBG APP, YOU (A) ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTAND THIS AGREEMENT; (B) REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO A BINDING AGREEMENT AND IN ANY CASE ARE NOT UNDER 13 YEARS OF AGE; AND (C) ACCEPT THIS AGREEMENT AND AGREE THAT YOU ARE LEGALLY BOUND BY ITS TERMS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT DOWNLOAD, INSTALL, OR USE THE YAHBG APP AND DELETE IT FROM YOUR DEVICE(S).
1) License Grant. Subject to the terms of this Agreement, YAHBG grants you a limited, non-exclusive, royalty-free, non-sublicensable and non-transferable license to:
a) download, install, and use the YAHBG App for your personal, non-commercial use on a single mobile device owned or otherwise controlled by you (”Mobile Device”) strictly in accordance with the YAHBG App’s documentation and with this Agreement.
2) License Restrictions. Licensee shall not:
a) copy the YAHBG App, except as expressly permitted by this license;
b) modify, translate, adapt, or otherwise create derivative works or improvements, whether or not patentable, of the YAHBG App;
c) reverse engineer, disassemble, decompile, decode, or otherwise attempt to derive or gain access to the source code of the YAHBG App or any part thereof;
d) remove, delete, alter, or obscure any trademarks or any copyright, trademark, patent, or other intellectual property or proprietary rights notices from the YAHBG App, including any copy thereof;
e) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer, or otherwise make available the YAHBG App, or any features or functionality of the YAHBG App, to any third party for any reason, including by making the YAHBG App available on a network where it is capable of being accessed by more than one device at any time; or
f) remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, or security features in or protecting the YAHBG App;
3) Reservation of Rights. You acknowledge and agree that the YAHBG App is provided under license, and not sold, to you. You do not acquire any ownership interest in the YAHBG App under this Agreement, or any other rights thereto other than to use the YAHBG App in accordance with the license granted, and subject to all terms, conditions, and restrictions, under this Agreement. YAHBG reserves and shall retain its entire right, title, and interest in and to the YAHBG App, including all copyrights, trademarks, and other intellectual property rights therein or relating thereto, except as expressly granted to you in this Agreement.
a) violates or infringes someone else’s rights of publicity, privacy, copyright, trademark, or other intellectual-property right;
b) bullies, harasses, or intimidates;
d) spams or solicits YAHBG App users;
e) uses the YAHBG App for any purpose that is illegal or prohibited in these Terms;
f) uses any robot, spider, crawler, scraper, or other automated means or interface to access the YAHBG App or extract other user’s information;
g) uses or develops any third-party applications that interact with the YAHBG App or other users’ content or information without YAHBG’s written consent;
h) uses the YAHBG App in a way that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the YAHBG App, or that could damage, disable, overburden, or impair the functioning of the YAHBG App;
i) uses or attempts to use another user’s account, username, or password without their permission;
j) solicits login credentials from another user;
k) uploads viruses or other malicious code or otherwise compromise the security of the YAHBG App;
l) attempts to circumvent any content-filtering techniques YAHBG employs, or attempts to access areas or features of the YAHBG App that you are not authorized to access; or
m) encourages or promotes any activity that violates this Agreement.
6) Updates. YAHBG may from time to time in its sole discretion develop and provide YAHBG App updates, which may include upgrades, bug fixes, patches, other error corrections, and/or new features (collectively, including related documentation, “Updates”). Updates may also modify or delete in their entirety certain features and functionality. You agree that YAHBG has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality. Based on your Mobile Device settings, when your Mobile Device is connected to the internet either:
a) the YAHBG App will automatically download and install all available Updates; or
b) you may receive notice of or be prompted to download and install available Updates.
You shall promptly download and install all Updates and acknowledge and agree that the YAHBG App or portions thereof may not properly operate should you fail to do so. You further agree that all Updates will be deemed part of the YAHBG and be subject to all terms and conditions of this Agreement.
7) Third-Party Materials. The YAHBG App may display, include, or make available third-party content (including data, information, applications, and other products, services, and/or materials) or provide links to third-party websites or services (”Third-Party Materials”). You acknowledge and agree that YAHBG is not responsible for Third-Party Materials, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality, or any other aspect thereof. YAHBG does not assume and will not have any liability or responsibility to you or any other person or entity for any Third-Party Materials. Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them entirely at your own risk and subject to such third parties’ terms and conditions.
8) Term and Termination.
a) The term of Agreement commences when you download the YAHBG App and will continue in effect until terminated by you or YAHBG as set forth in this Section 8.
b) You may terminate this Agreement by deleting the YAHBG App and all copies thereof from your Mobile Device.
c) YAHBG may terminate this Agreement at any time without notice. In addition, this Agreement will terminate immediately and automatically without any notice if you violate any of the terms and conditions of this Agreement.
d) Upon termination:
1) all rights granted to you under this Agreement will also terminate; and
2) you must cease all use of the YAHBG App and delete all copies of the YAHBG App from your Mobile Device and account.
e) Termination will not limit any of YAHBG’s rights or remedies at law or in equity.
9) Disclaimer of Warranties. THE YAHBG APP IS PROVIDED TO LICENSEE “AS IS” AND WITH ALL FAULTS AND DEFECTS WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW, YAHBG, ON ITS OWN BEHALF AND ON BEHALF OF ITS AFFILIATES AND ITS AND THEIR RESPECTIVE LICENSORS AND SERVICE PROVIDERS, EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, WITH RESPECT TO THE YAHBG APP, INCLUDING ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND WARRANTIES THAT MAY ARISE OUT OF COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE, OR TRADE PRACTICE. WITHOUT LIMITATION TO THE FOREGOING, YAHBG PROVIDES NO WARRANTY OR UNDERTAKING, AND MAKES NO REPRESENTATION OF ANY KIND THAT THE YAHBG APP WILL MEET YOUR REQUIREMENTS, ACHIEVE ANY INTENDED RESULTS, BE COMPATIBLE, OR WORK WITH ANY OTHER SOFTWARE, APPLICATIONS, SYSTEMS, OR SERVICES, OPERATE WITHOUT INTERRUPTION, MEET ANY PERFORMANCE OR RELIABILITY STANDARDS, OR BE ERROR-FREE, OR THAT ANY ERRORS OR DEFECTS CAN OR WILL BE CORRECTED.
10) Limitation of Liability. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YAHBG OR ITS AFFILIATES, OR ANY OF ITS OR THEIR RESPECTIVE LICENSORS OR SERVICE PROVIDERS, HAVE ANY LIABILITY ARISING FROM OR RELATED TO YOUR USE OF OR INABILITY TO USE THE YAHBG APP OR THE CONTENT AND SERVICES FOR:
a) PERSONAL INJURY, PROPERTY DAMAGE, LOST PROFITS, COST OF SUBSTITUTE GOODS OR SERVICES, LOSS OF DATA, LOSS OF GOODWILL, BUSINESS INTERRUPTION, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES.
b) DIRECT DAMAGES IN AMOUNTS THAT IN THE AGGREGATE EXCEED THE AMOUNT ACTUALLY PAID BY YOU FOR THE YAHBG APP.
THE FOREGOING LIMITATIONS WILL APPLY WHETHER SUCH DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE AND REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE OR YAHBG WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS OF LIABILITY SO SOME OR ALL OF THE ABOVE LIMITATIONS OF LIABILITY MAY NOT APPLY TO YOU.SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF OR LIMITATIONS ON IMPLIED WARRANTIES OR THE LIMITATIONS ON THE APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO SOME OR ALL OF THE ABOVE EXCLUSIONS AND LIMITATIONS MAY NOT APPLY TO YOU.
11) Export Regulation. The YAHBG App may be subject to US export control laws, including the US Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, or release the YAHBG App to, or make the YAHBG App accessible from, any jurisdiction or country to which export, re-export, or release is prohibited by law, rule, or regulation. You shall comply with all applicable federal laws, regulations, and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise making the YAHBG App available outside the US.
12) Severability. If any provision of this Agreement is illegal or unenforceable under applicable law, the remainder of the provision will be amended to achieve as closely as possible the effect of the original term and all other provisions of this Agreement will continue in full force and effect.
13) Governing Law. This Agreement is governed by and construed in accordance with the internal laws of the State of Texas without giving effect to any choice or conflict of law provision or rule. Any legal suit, action, or proceeding arising out of or related to this Agreement or the YAHBG App shall be instituted exclusively in the federal courts of the United States or the courts of the State of Texas in each case located in Houston and Harris County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
14) Limitation of Time to File Claims. ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE YAHBG APP MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES OTHERWISE SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
16) Waiver. No failure to exercise, and no delay in exercising, on the part of either party, any right or any power hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or power hereunder preclude further exercise of that or any other right hereunder. In the event of a conflict between this Agreement and any applicable purchase or other terms, the terms of this Agreement shall govern.