Overview
This website and all associated pages and/or apps are operated by YER USA, Inc.Throughout the site, the terms “we” and “our” refer to YER USA, Inc.Offers this website, including all information, tools, and services available, from this site (the “site”) to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
By visiting and using our site for any reason, you engage in our “service” and agree to be bound by the following terms and conditions (“terms of service”, “terms”), including those additional terms and conditions and policies referenced on the site and/or available by hyperlink. These terms of service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, employers, recruiters and/ or contributors of content.
Please read these terms of service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these terms of service. If you do not agree to all these terms of service, then you may not access the website or use any services. If these terms of service are considered an offer, acceptance is expressly limited to these terms of service.
Any new features or tools which are added to the current site shall also be subject to the terms of service. You can review the most current version of the terms of service at any time on this page. We reserve the right to update, change or replace any part of these terms of service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.
Section 1 – Ownership and licensing
By using the site, you acknowledge that we own all intellectual property (including all copyrights), software, hardware, outputs, and all other technology required to provide any services. You grant us a perpetual, worldwide, non-exclusive, sublicensable, royalty-free, irrevocable license to use, reproduce, display, perform, and distribute any input (including the sequence of said input) you provide the site.
Section 2 –site terms
By agreeing to these terms of service, you represent that you are at least the age of majority in your state or province of residence, or that you are the age of majority in your state or province of residence, and you have given us your consent to allow any of your minor dependents to use, view, or navigate this site.
You may not use our site for any illegal or unauthorized purpose nor may you, in the use of the site, violate any laws in your jurisdiction (including but not limited to copyright laws).
You must not transmit any worms or viruses or any code of a destructive nature.
A breach or violation of any of the terms will result in an immediate termination of your access to the site.
Section 3 – General conditions
We reserve the right to refuse service to anyone for any reason at any time.
You understand that any content you provide by use of the site (not including credit card information), may be transferred unencrypted and involve the following: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card and other account information is always encrypted during transfer over networks.
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the site without our express written permission.
The headings used in these terms are included for convenience only and will not limit or otherwise affect these terms.
Section 4 – Accuracy, completeness and timeliness of information
We are not responsible if information made available on this site is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete, or more timely sources of information. Any reliance on the material on this site is at your own risk.
This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.
Section 5 – Modifications to the service and prices
Prices for our services are subject to change without notice. We reserve the right at any time to modify or discontinue the service (or any part or content thereof) without notice at any time. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the service.
Section 6 – Products or services (if applicable)
We reserve the right, but are not obligated, to limit our services to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis. All descriptions of services or pricing are subject to change at any time without notice, in our sole discretion. We reserve the right to discontinue any service at any time. Any offer for any product or service made on this site is void where prohibited.
We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the service will be corrected.
Section 7 – Accuracy of billing and account information
You agree to provide current, complete and accurate account information for all services purchased. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.
Section 8 – Optional tools
We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools “as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of the optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the website (including the release of new tools and resources). Such new features and/or services shall also be subject to these terms of service.
Section 9 – Third-party links
Certain content, products and services available via our service may include materials from third parties. Third-party links on this site may direct you to third-party websites that are not affiliated with YER USA, Inc. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third parties. We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.
Section 10 – User comments, feedback and other submissions
If, at our request, you send certain specific submissions or without a request from YER USA, Inc., you send any materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to YER USA, Inc.. YER USA, Inc. Is and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable, or which violates any party’s intellectual property or these terms of service. You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the service or any related website. You may not use a false e‑mail address, pretend to be someone other than yourself, or otherwise mislead YER USA, Inc.Or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.
Section 11 – Personal information
Your submission of personal information through the store is governed by our privacy policy, which can be viewed here: [link to privacy policy]
Section 12 – Errors, inaccuracies and omissions
Occasionally there may be information on our site or in the service that contains typographical errors, inaccuracies or omissions that may relate to service descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel services if information on the site or on any related website is inaccurate at any time without prior notice.
We undertake no obligation to update, amend or clarify information in the service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the service or on any related website, should be taken to indicate that all information in the service or on any related website has been modified or updated.
Section 13 – Prohibited uses
In addition to other prohibitions as set forth in the terms of service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the service or of any related website, other websites, or the internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the service or any related website, other websites, or the internet. We reserve the right to terminate your use of the service or any related website for violating any of the prohibited uses.
Section 14 – Disclaimer of warranties; limitation of liability
We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.
We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.
You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.
You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by YER USA, Inc.) Provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall YER USA, Inc., our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
If you are a california resident, you waive california civil code section 1542, which says: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”
Section 15 – Indemnification
You agree to indemnify, defend and hold harmless YER USA, Inc. And our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these terms of service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.
Section 16 – Severability
In the event that any provision of these terms of service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these terms of service, such determination shall not affect the validity and enforceability of any other remaining provisions.
Section 17 – Termination
The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of the agreement represented by these terms for all purposes.
These terms of service are effective unless and until terminated by either you or YER USA, Inc. You may terminate these terms of service at any time by notifying YER USA, Inc. That you no longer wish to use our services, or when you cease using our site.
If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these terms of service, we also may terminate this agreement and your use of the site at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our services (or any part thereof).
Section 18 – Entire agreement
YER USA, Inc.’s failure to exercise or enforce any right or provision of these terms of service shall not constitute a waiver of such right or provision.
These terms of service and any policies or operating rules posted by YER USA, Inc. On this site or in respect to the service constitutes the entire agreement and understanding between you and YER USA, Inc. And governs your use of the service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and YER USA, Inc. (including, but not limited to, any prior versions of the terms of service).
Any ambiguities in the interpretation of these terms of service shall not be construed against the drafting party.
Section 19 – Governing law
These terms of service shall be governed by the laws of the state of georgia, usa, without reference to conflict of law rules. All disputes will be governed by the arbitration agreement below.
Section 20 – Dispute resolution
In the event a dispute, controversy, or claim arises out of or relating to these terms (“dispute”), the dispute will be resolved by binding arbitration. The parties will attempt to settle any dispute within 30 days after the dispute arises. If the dispute is not resolved, the dispute shall be submitted to binding arbitration conducted by the american arbitration association. The parties will mutually select one arbitrator. The arbitration will be conducted in english in fulton county, georgia, usa. The arbitrator may order equitable or injunctive relief consistent with the remedies and limitations in these terms. The arbitral award will be final and binding on the parties and its execution may be presented in any competent court, including any court with jurisdiction over either party or any of its property.
Each party will bear its own lawyers’ and experts’ fees and expenses, regardless of the arbitrator’s final decision regarding the dispute.
Section 21 – Changes to terms of service
You can review the most current version of the terms of service at any time at this page.
We reserve the right, at our sole discretion, to update, change or replace any part of these terms of service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the service following the posting of any changes to these terms of service constitutes acceptance of those changes.
Section 22 – Contact information
Questions about the terms of service should be sent to YER USA, Inc. at contact@yer.com.
Our contact information is posted below:
Contact@yer.com
111 perimeter center pl. suite 625
Atlanta, GA 30346
Section 23 – Changes to terms of service
Force majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control, including acts of god, natural disasters, terrorism, riots, or war.
No agency. These terms of service do not create any agency, partnership, or joint venture between the parties.
Severability. If any part of these terms of service are invalid, illegal, or unenforceable, the rest of the terms will remain in effect.
No third-party beneficiaries. These terms of service do not confer any benefits on any third party unless it expressly states that it does.
Survival. The sections and obligations in these terms of service that a reasonable person would expect to survive this agreement, will.