Yondo Terms of Service

 

 

Welcome to Yondo (the "Website"). We want your experience to be a success so it is important that you read these terms. The Yondo, Inc. website and the services ("Services") made available on or through the website are owned, operated and maintained, as applicable, by Yondo, Inc. (the "Company"). The website and Services, are collectively, the "Company Products". By (a) using or accessing the Company Products (b) offering a class/session through the Website; or (c) paying for someone else to use or access the Company Products, you agree to the terms and conditions set forth in these Terms of Use (the "Terms" or this "Agreement").

 

For the purposes of these Terms the "User" is identified as anyone that uses or pays to use the Company Products, including but not limited to the Store Owner ("Store") and Customer.

 

You must agree to these Terms in order to use the Company Products. If you use the site and/or the Service, or click to accept or agree to these Terms, if presented to you in a user interface for the Service, we will understand this as your acceptance of these Terms and your agreement to all of its terms and conditions. By accepting these Terms or using the site and/or the Service, you represent and warrant that you have the legal capacity to enter a contract in the jurisdiction where you reside. If you do not accept these Terms, then you may not use the Website or the Service. If you are using the Website or the Service on behalf of your employer or another entity, you represent and warrant that you have full legal authority to bind your employer or such other entity to these Terms. If you do not have such authority, then you may not use the Website or the Service on behalf of your employer and you must discontinue all use of the Website and the Service immediately.

 

The Company may update these Terms at any time and the Company will post the updated version of these Terms on the Website. You understand and agree that you will be deemed to have accepted the updated Terms if you use the Website or the Service after the updated Terms are posted on the site. If at any point you do not agree to any portion of the Terms then in effect, you must immediately stop using the Website and the Service.

 

You are responsible for any Internet connection, telecommunications and data usage fees and charges that you incur when accessing the site or Service. You acknowledge and agree that the Company may make changes to the Website and/or the Service at any time without notifying you in advance.

 

Description of Services

 

Yondo is a live interaction ecommerce solution for business owners and small to enterprise sized companies to create Online Stores to book appointments for live video call sessions and sell premium pre-recorded digital content to customers, with custom branding, on one’s own domain.

 

 

Yondo provides the following services:

- Subscription plan based services for individuals and companies to book appointments for live video calls

 

- Provide video call technology

 

- Provide technology for a direct-to-audience digital distribution platform, allowing customers to sell or rent video content within said online store

 

- Provide online stores for said services

 

Registration and Accounts

 

All users are required to register and set up an account with their unique email address and password to access the services offered by Yondo. Users are to provide all requested information in a current, complete and accurate manner. Users are entirely responsible for maintaining the confidentiality of their password and user name and any other security information related to their account. Users are solely responsible for any and all activities that occur under the users account. Users must notify us immediately at [email protected] of any unauthorized use of the Account and any other breach of security and ensure that they log out from the Account at the end of each use. Technical support is only provided to account holders and is available via email and a support contact form.

 

You agree that you will be liable for any losses incurred by us or another party due to any use of your Account, excluding only uses following your notification to us of unauthorized access to your Account.

 

Privacy

 

By accepting these Terms and using this site, you also agree to the terms of our Privacy Policy. Please see our privacy policy which is available in the Privacy Policy section on the Website. The Company may revise the Privacy Policy at any time and the new versions will be posted on the Website. If at any point you do not agree to any portion of the Privacy Policy, you must stop using the Website and/or the Service.

 

User Responsibilities

 

All Users:

 

As a condition of using the Services Yondo offers, you shall not use the Services for any purpose that is prohibited or unlawful by these terms or that could create liability for Yondo. You agree that you will not, in connection with your use of the site or the Service, violate any applicable law, ordinance, rule regulation or treaty. Without limiting the foregoing, you agree that you will not make available through the Website, Service or any other Company Product, any material or information that infringes any copyright, trademark, patent, trade secret, or other right of any party (including rights of privacy or publicity). You must not use the Services in any manner that could damage, disable, overburden, or impair any Yondo server, or the network(s) connected to any Yondo server or interfere with any other party's use and enjoyment of any Services. Users shall not attempt to gain unauthorized access to any Services, other accounts, computer systems or networks connected to any Yondo server or to any of the Services, through hacking, password mining or any other means. You shall not operate robots or spiders to scan Yondo databases or web pages and you shall not use "deep linking" to Yondo's web pages;

 

For non-subscription members and customers, you will not circumvent the services provided by Yondo in any way including, but not limited to intentionally avoiding payment of fees to Yondo.

 

You will not create a false identify or impersonate another person or entity in any way or make any false statement, including but not limited to statements regarding his or her employment, agency or affiliation with any person or entity;

 

You agree not to copy, reproduce, distribute, transmit, broadcast, display, sell, license, or otherwise exploit any content for any other purposes or circumvent without the prior written consent of Yondo or the respective licensors of the content;

 

If you are under the age of 18 you will obtain parental or legal guardian permission as and when needed, and before registering with the website;

 

You acknowledge that through the use of the company products you may have the opportunity to engage in commercial transactions with other users. Each User acknowledges that all transactions relating to any services or merchandise offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise, services and you. We make no guarantee or warranty regarding any transactions executed through, or in connection with Yondo. You understand and accept that transactions are executed and conducted at your own risk and any guarantee or warranty that is provided for any products, services, materials or information available on or via Yondo from a third party is provided solely by the third party and not Yondo or our affiliates;

 

User will not disobey or breach this Agreement or any other applicable agreements or instructions conveyed by Yondo;

 

User will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code;

 

User will not transmit, upload, email, post or otherwise make available: (A) any third party advertisements, including banner exchange services; (B) any software viruses, Trojan horses, worms or any other malicious application or code; or (C) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law; (D) any "junk mail", "spam", or any other types of unsolicited email or bulletin board postings; or (E) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.

 

Yondo enables the transfer of files and messages between Customers and Stores. When opening file attachments it is the User's responsibility to scan them with an anti-virus software application prior to opening them;

 

User will not stalk, threaten or harass any Store or Customer or infringe upon or attempt to infringe upon their privacy;

 

Yondo does not examine the validity or accuracy of the details in the User's personal profile or in any of the User's postings or transmissions. Without derogating from the above or any other term of this Agreement, Yondo may, in its absolute discretion, refuse to post, transmit, modify or remove any content uploaded by the User. The User will bear all the risks associated with the uploading and transmitting of material while utilizing the website and/or Yondo's services, including reliance on its accuracy, reliability or legality;

 

Store Owner Obligations:

 

By using and accessing services on or via Yondo and by submitting the User registration form, you represent, warrant and agree to the following:

 

You are fully responsible for all of the content you provide and you affirm, represent, and warrant that: you own or have the necessary licenses, rights, consents, and permissions, and have the authority to reproduce, distribute, publicly perform (including by means of a digital audio transmission), publicly display, communicate to the public, and otherwise use and exploit such content;

 

The qualifications, credentials and expertise you list on Yondo, including without limitation, education, training, knowledge, and skill sets, to teach and offer the services you mention, are accurate, truthful, complete and not misleading;

 

You will not disclose any information that was provided to you by a customer and will use your best efforts to guard the customer's privacy;

 

The service you provide complies with all rules, regulations and laws applicable to you and the service you provide and if any form of your service requires a license, credential, certification or other form of governmental or third party license, consent, authorization or permission, you shall not use Yondo until such license, consent, authorization or permission is obtained;

 

You will not transmit, upload, email, post or otherwise make available through the Service or Website any information or material that infringes upon a third party rights, especially intellectual property rights;

 

You will not engage in any activity that will require Yondo to obtain any licenses from or pay any royalties to any third party, including, by way of example and not limitation, the payment of royalties for the public performance of any musical works or sound recordings;

 

You will keep your data up-to-date, respond to Users seeking your services in a timely manner and honor and attend all appointments so as to ensure quality of service provided to customers and other Users of the Website;

 

All Sessions offered on or via Yondo are valid only for the date specified at the time of booking. Yondo is not responsible for any changes or cancellations made to bookings by the Customer;

 

You shall not purchase search engine or other pay per click keywords (such as Google AdWords), or domain names that use Yondo or Yondo trademarks and/or variations and misspellings thereof.

 

You acknowledge that Yondo has the right in our sole discretion, to remove any submitted content, including terminating listings and profiles, from the Services without any liability to you.

 

Customer Obligations:

 

By using and accessing services on Yondo and by submitting the User registration form, you represent, warrant and agree to the following:

 

Store Owners have their own branded stores. Store Owners are neither employees nor agents nor representatives of Yondo, and Yondo assumes no responsibility for any act or omission of any such Store Owners.

 

Yondo does not review, endorse, recommend or evaluate or otherwise provide any warranty or guarantee with respect to, any store owner, or the service they offer on or via Yondo. Customers are solely responsible for verifying the store’s identity, qualifications, credentials, biographic information, licenses held and other information;

 

Yondo does not control the quality, relevance or accuracy of any advice or instruction provided by a store and Yondo does not determine whether any store is qualified to provide any specific advice, whether a store is categorized correctly or in the most appropriate category to provide the advice sought by a Client, or whether any postings on the store or a website or any transmissions through the foregoing by a client or a store is accurate, correct, relevant or appropriate;

 

Yondo has no responsibility to you for any injuries or damages that you suffer in connection with the use of the Service and you specifically release Yondo and its affiliated companies and the directors, officers, employees, agents, successors, advisors, consultants and assigns of any of the foregoing from any claims you may have and agree to indemnify us if we suffer a loss in connection with your use of the Service. Our only responsibility is a limited obligation to pay refunds in certain specific situations that have been subject to an internal review by Yondo. You must take precautions to protect yourself;

 

All Sessions offered on Yondo are valid only for the date specified at the time of booking. Yondo is not responsible for any changes or cancellations made to sessions by the store;

 

All interactions between you and a store will be billed through the website. You agree to abide by the listing price set by the store while using the website and to pay the full amount which includes all fees for services rendered to you by the store;

 

You represent and warrant that all credit card and payment information presented by yourself is accurate and correct and that you are fully authorized to use such credit card and payment information for purposes of paying for services made available via the website.

 

Content Restrictions

 

On the Yondo store or during live sessions, the User may not transmit upload or post (collectively, "submit") any video, image, text or audio recording, (collectively, "content") that:

- Infringes the rights of any third party (copyrights, trademarks, privacy rights, etc.)

- Is sexually explicit or contains pornography.

- Exploits minors.

- Depicts or encourages unlawful acts (violence, abuse, etc.).

- Depicts or encourages cruelty or violent acts against animals.

- Encourages fraudulent or unlawful business practices.

 

Payment and Renewal of Service (Subscription Membership Specifically):

 

The term of the Customer's subscription to the Services commences upon Customer's acceptance of these Terms and terminates as set forth above.

 

Payment. Customer agrees to pay all applicable fees for Services in effect at the time of registration, first use and/or renewal, subject to these Terms as same may be modified by Yondo from time to time.

 

Automatic Renewal of Account. As a courtesy and not as an obligation (contractual or otherwise), fourteen (14) days prior to the expiration of Customer's subscription account, Yondo will automatically renew Customer's subscription account, for the same duration initially selected, at the then-current, non-promotional rate, by charging the applicable fee to Customer's” originally-selected method of payment. Customer acknowledges and confirms that the obligation to renew her/his/its account is solely and exclusively the responsibility of the Customer, and is not the obligation (contractual or otherwise) of Yondo. Customer hereby releases Yondo from all liability for its failure for any reason to renew said account. Customer acknowledges that there may be many reasons why Yondo is unable to renew said account, including but not limited to inability of Yondo, for any reason, to bill said renewal to Customer's credit card, to contact or otherwise get response from Customer at last known email address, or otherwise. Customer acknowledges that said account, if not renewed, for whatever reason, will expire on the account expiration date, as applicable.

 

Cancellation of Automatic Renewal of Account. To cancel Automatic Account Renewal, Customer must notify Yondo of Customer's intent to cancel at least sixteen (16) days prior to the account expiration date, by directing Automatic Account Renewal Cancellation Notification to Yondo, as applicable, by sending same via email to [email protected] Yondo agrees that on receipt of Automatic Account Renewal Cancellation Notification under the conditions stated above, no additional charges will be billed to Customer, and Customer's subscription account, as applicable, shall expire on the account expiration date.

 

Cancellations and Refunds. Yondo does not provide a money back guarantee for new account registrations under any circumstances.

 

COPYRIGHT NOTICE INFRINGEMENT INFORMATION

 

In accordance with the Digital Millennium Copyright Act, Yondo has adopted a policy that provides for termination of websites hosted by Yondo that are found to infringe on copyrights of third parties. If a copyright holder believes that there has been a violation of his or her copyright on a website that is hosted by Yondo or an Yondo subsidiary, and the copyright holder wants Yondo to remove the website or disable the material in question, Yondo will remove the website or disable the material if the copyright holder provides the Copyright Agent with all of the following information.

 

A 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 that is claimed is being infringed, or, in the case of claimed infringement of multiple copyrighted works, a representative list of such works.

 

Identification of the material that is claimed to be infringing or is the subject of infringing activity and that should be removed or access to which should be disabled, with information reasonably sufficient to permit us to locate the material.

 

Information reasonably sufficient to permit us to contact the person giving the notification, such as an address and telephone, and, if available, an electronic mail address at which such person may be contacted.

 

A statement that the person giving the notification has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.

 

A statement that the information in the notification is accurate, and under penalty of perjury, that the person giving the notification is authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

 

Copyright Agent: Legal Department

Yondo, Inc.

8506 W. 3rd Street Suite #205

Los Angeles, CA 90048

Attn: Legal Department

Email: [email protected]

 

Creating a Listing

 

All postings must be of a professional nature and accurately describe the Services requested. They should be free of offensive language or advertisements for other products or services. Postings may not advertise any service that is illegal or violates intellectual property rights, copyrights or the terms of service of another service, product or website. Postings that involve exposure to content of an adult or potentially offensive nature should notify potential readers in the title of the posting.

 

 

Payment Information

 

Yondo uses a third party payment gateway through which payments are collected from Store Owners and their customers. Hence, transactions are conducted with no responsibility to Yondo and it is solely the user’s own responsibility, in accordance with the payment gateway’s service, terms and conditions.

 

As a result of using an external payment service, Yondo does not retain any credit card information whatsoever.

F

Store Owners will be responsible to disburse payments to their said Team Members, this is in no way the responsibility of Yondo.  It will be the Store Owners responsibility to withhold, pay or file any necessary related taxes, as necessary, on behalf of the said, Team Members represented within the Store.

 

Modification

 

Yondo reserves the right to modify/update/discontinue, temporarily or permanently any of the Terms of herein or any services provided by us, at any time without notice. Any changes to the Terms will be effective immediately upon posting on the Yondo website. You are encouraged to verify these Terms periodically and inform yourself with regards to any changes. You and your company agree to the Terms by continuing the use of the Services.

 

 

 

 

Intellectual Property

 

Yondo is the sole owner of all the intellectual property, including the copyright, trademarks, trade secrets, database and patents, in the Company Products. Yondo shall retain all ownership in and to the Company Products and, subject to the Agreement, all data transferred or received through the Company Products.

 

Any reproduction, redistribution or use of the Company Products not in accordance with the Agreement and these terms is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted

to the maximum extent possible.

 

You are the owner of intellectual property of the content posted by you on Yondo or via Yondo and shall be responsible for the content. You hereby grant Yondo an unlimited, irrevocable, royalty-free license to use, reproduce, edit, copy, transmit, distribute, publicly display, publicly perform, create derivative works based on, on a world-wide basis, any information or content that you post, transmit, deliver or receive via the website or otherwise from or to a Customer, which may be recorded by Yondo as stated in the Privacy Policy.

 

The Service may be incorporated into technology, software and services owned and controlled by third parties. Use of such third party software or services is subject to the terms and conditions of the applicable third party license agreements (including, without limitation, terms of use and terms of service posted on third party websites), and you agree to look solely to the applicable third party and not to the Company with respect to your rights in relation to such third party software, technology and/or services.

 

Customer Refund Policy

 

Yondo provides refunds to Store Owners under certain circumstances and after an internal analysis.

 

All customer refunds are held between the Store Owner and the user (customer). Each Store Owner will offer refunds in accordance to their own specific Terms of Use.  Yondo shall not be held responsible for any sort of transactional refund between a Store Owner and its customers.

 

Cancellation Policy

 

Store Owners customers will adhere to the specific cancellation policies set forth in the Store Owner’s Terms of Use.  Yondo shall not be held responsible for the cancellation policy of the said Store Owner

 

Yondo reserves the right to cancel or change any purchased subscription plan at any time, for any reason.

 

 

Cancellation and Termination

 

You may cancel a monthly account at any time by emailing [email protected]

 

Once your account is cancelled you will no longer be able to access or retrieve any of your submitted content. Please be sure that you do in fact want to cancel your account before doing so.

 

For premium monthly paid memberships, if you cancel the Service in the middle of the month, you will receive one final invoice via email. Once that invoice has been paid you will not be charged again. We reserve the right to modify or terminate the Yondo service for any reason, without notice at any time.

 

Premium annual prepaid memberships, may not be cancelled before the annual commitment date has expired.

 

Yondo’s provided technology,

 

Fraud: Without limiting any other remedies, Yondo may suspend or terminate your account if we suspect that you (by conviction, settlement, insurance or escrow investigation, or otherwise) have engaged in fraudulent activity in connection with the Website.

 

Limited License

 

Yondo grants Users a limited, nonexclusive, revocable right to view and use a single copy of the website for the purposes set forth herein provided that User does not access or attempt to access the Service through any automated means (including, without limitation, through the use of scripts, data scrapers, bots, spiders or web crawlers) or copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code or breach this Agreement.

 

Links

 

Links from the website. The website and/or the Service may contain links to websites operated by other parties. The Company provides these links to other websites as a convenience, and use of these websites is at your own risk. The linked websites are not under the control of the Company, and the Company is not responsible for the content available on the other websites. Such links do not imply the Company’s endorsement of information or material on any other website and the Company disclaims all liability with regard to your access to and use of such linked websites.

 

Links to the Webdsite. Unless otherwise set forth in a written agreement between you and the Company, you must adhere to the Company’s linking policy as follows: (i) the appearance, position and other aspects of the link may not be such as to damage or dilute the goodwill associated with the Company’s names and trademarks, (ii) the appearance, position and other attributes of the link may not create the false appearance that your organization or entity is sponsored by, affiliated with, or associated with the Company, and (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking Site. The Company reserves the right to revoke its consent to the link at any time and in its sole discretion.

 

International Users

 

Yondo grants Users a limited, nonexclusive, revocable right to view and use a single copy of the site for the purposes set forth herein provided that User does not access or attempt to access the Service through any automated means (including, without limitation, through the use of scripts, data scrapers, bots, spiders or web crawlers) or copy, modify, create a derivative work of, reverse engineer, disassemble or otherwise attempt to discover any source code or breach this Agreement.

 

Limitation of Liability

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY, ITS AFFILIATES, LICENSORS AND BUSINESS PARTNERS (COLLECTIVELY, THE "RELATED PARTIES") SHALL NOT BE LIABLE TO YOU, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER LEGAL OR EQUITABLE THEORY, FOR:

ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY DAMAGES, INCLUDING LOSS OF PROFITS, USE, DATA OR GOODWILL, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ACCESS TO OR USE OF THE WEBSITE AND/OR THE SERVICE, EVEN IF THE COMPANY AND/OR THE RELATED PARTIES HAVE BEEN ADVISED OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES OR DAMAGES;

 

THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY; OR

 

THE DELETION OF, CORRUPTION OF, OR FAILURE TO STORE ANY MATERIALS, INFORMATION OR DATA MAINTAINED BY OR THROUGH YOUR USE OF THE SITE OR THE SERVICE.

 

 

WITHOUT LIMITING ANYTHING CONTAINED IN THIS LIMITATION OF LIABILITY SECTION, IN NO CASE SHALL THE LIABILITY OF THE COMPANY OR ANY OF THE RELATED PARTIES EXCEED THE AMOUNT THAT YOU PAID TO US OR OUR DESIGNEES DURING THE SIX (6) MONTHS PRIOR TO THE TIME THE CAUSE OF ACTION GIVING RISE TO LIABILITY AROSE.

 

BY REGISTERING WITH THE WEBSITE AND USING THE COMPANY PRODUCTS USERS AGREE THAT YONDO WILL HAVE NO LIABILITY WHATSOEVER FOR AND SHALL BE HELD HARMLESS BY USERS AGAINST, ANY LIABILITY FOR ANY INJURIES, LOSSES OR DAMAGES OF ANY KIND TO PERSONS, INCLUDING PERSONAL INJURY OR DEATH OR PROPERTY RESULTING IN WHOLE OR IN PART, DIRECTLY OR INDIRECTLY, FROM ACCEPTANCE, POSSESSION, USE OR MISUSE OF THE COMPANY PRODUCTS AND WEBSITE OR ANY RELATED ACTIVITY OR ANY CLAIMS BASED ON PUBLICITY RIGHTS, DEFAMATION OR INVASION OF PRIVACY OR SERVICE DELIVERY. YONDO DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN STORE OWNER IN CONNECTION WITH PAYMENT FOR SERVICES BY THE CUSTOMER AND CUSTOMER AGREES TO INDEMNIFY, DEFEND AND HOLD YONDO HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.

 

SOME JURISDICTIONS MAY NOT ALLOW LIMITATION OF LIABILITY AS SET FOR THE ABOVE. IN SUCH AN EVENT, THE LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. THIS LIMITATION SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

 

Disclaimer of Representation and Warranty

 

YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE AND THE SERVICE IS AT YOUR SOLE RISK AND THAT THE SITE AND THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED.

 

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS INCLUDING, WITHOUT LIMITATION, WARRANTIES AND CONDITIONS OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

 

THE COMPANY MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY MATERIALS, INFORMATION OR DATA AVAILABLE THROUGH OR THE PERFORMANCE OF, THE SITE OR THE SERVICE.

 

THE COMPANY DOES NOT REPRESENT OR WARRANT THAT (a) YOU WILL BE ABLE TO ACCESS OR USE THE SITE AND/OR THE SERVICE AT THE TIMES OR LOCATIONS OF YOUR CHOOSING; (b) THAT OPERATION OF THE SITE OR THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (c) YOUR USE OF THE SITE OR THE SERVICE WILL MEET YOUR REQUIREMENTS; (d) DEFECTS IN THE OPERATION OF THE SITE OR THE SERVICE WILL BE CORRECTED; OR (e) THE SITE OR THE SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

 

YOU ACKNOWLEDGE AND AGREE THAT ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE OR THE SERVICE IS AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER, MOBILE PHONE OR OTHER DEIVCE OR ANY LOSS OF DATA RESULTING FROM DOWNLOADING OR OBTAINING SUCH MATERIAL.

 

THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATED TO INFORMATION POSTED OR TRANSMITTED BY STORE OWNERS. A CUSTOMER SHALL EXERCISE CAUTION WHILE RELYING ON INFORMATION PROVIDED BY A STORE OWNER. THE CUSTOMER SHALL NOT HAVE ANY CLAIM OR DEMAND AGAINST YONDO, ITS AFFILIATES, OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUB-CONTRACTORS AND/OR AGENTS WITH RESPECT TO ANY SERVICE OR ADVICE CUSTOMER RECEIVES, USES AND/OR RELIES ON. PURCHASE OF THE SERVICES OF ANY STORE OWNER IS ENTIRELY AT THE CUSTOMER'S SOLE RISK.

 

THE COMPANY MAKES NO REPRESENTATION OR WARRANTY WHATSOEVER AS TO (A) THE ACCURACY OR AVAILABILITY OF THE STORE OWNER OR THE SITES, (B) THE ABILITY OF ANY STORE OWNER TO GIVE ADVICE, (C) ACCURACY, USEFULNESS OR RELEVANCY OF STORE OWNER 'S ADVICE TO THE CUSTOMER'S REQUIREMENTS.

 

YONDO WILL NOT BE RESPONSIBLE FOR THE STORE OWNER 'S QUALITY OF SERVICE OR SATISFACTION OF THE CUSTOMER. ANY SUCH ISSUE HAS TO BE DEALT DIRECTLY BY THE PARTIES CONCERNED FOR ENFORCING THE AGREEMENT BETWEEN THE STORE OWNER AND THE CUSTOMER. YONDO WILL NEITHER MEDIATE NOR INTERVENE IN THE ISSUE.

 

YONDO PROVIDES ITS OWN INTEGRATED VIDEO CALL SYSTEM FOR CLASSES AND CONSULTATIONS WITH STORES. YONDO SHALL NOT BE RESPONSIBLE FOR ANY INAPPROPRIATE AND UNLAWFUL BEHAVIOR OF THE PARTIES OVER VIDEO CALL SYSTEM.

 

Because some states or jurisdictions do not allow the disclaimer of implied warranties, the foregoing disclaimers may not apply to you.

 

Indemnification

 

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS YONDO, AND ITS OFFICERS, MANAGERS, MEMBERS, DIRECTORS, EMPLOYEES, SUCCESSORS, ASSIGNS, SUBSIDIARIES, AFFILIATES, SERVICE PROFESSIONALS, SUPPLIERS, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEYS' FEES) ARISING FROM YOUR USE OF, ACCESS TO, AND PARTICIPATION IN THE WEBSITE; SERVICES PROVIDED BY YOU AS A STORE OWNER OR TO YOU AS A CUSTOMER; DISPUTES BETWEEN STORES AND CUSTOMERS; YOUR VIOLATION OF ANY PROVISION OF THE TERMS OF USE, INCLUDING THE PRIVACY POLICY; YOUR VIOLATION OF ANY THIRD-PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, PROPRIETARY, INTELLECTUAL PROPERTY, OR PRIVACY RIGHT; OR ANY CLAIM ARISING FROM OR RELATED TO YOUR SUBMITTED CONTENT INCLUDING CLAIMS THAT YOUR SUBMITTED CONTENT CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF SERVICE AND YOUR USE OF THE WEBSITE.

 

Children

 

The site and the Service are not directed toward children under 13 years of age nor does the Company knowingly collect information from children under 13 or allow them to create an account or access account features. If you are under 13, please do not submit any personal information about yourself to the Company.

 

Notice

 

Yondo may send notices to the address provided by you at the time of registration or informed in writing subsequently, through hand delivery, regular mail, courier, e-mail. The date of receipt shall be deemed the date on which such notice is given. Notices shall be sent to Yondo through e-mail or via express delivery or regular mail and must be delivered to:

 

Yondo, Inc.

8506 W. 3rd Street Suite #205

Los Angeles, CA 90048

 

Assignment

 

You shall not assign the rights and obligations under this Agreement, in whole or in part to any third party without the prior written approval of Yondo. Yondo may assign its rights to ensure continuation of the services to you.

 

Binding Arbitration

(a) Arbitration Procedures. You and the Company agree that, except as provided in Section (d) of this Binding Arbitration Section, below, all disputes, controversies and claims related to these Terms (each a “Claim”), shall be finally and exclusively resolved by binding arbitration, which may be initiated by either party by sending a written notice requesting arbitration to the other party. Any election to arbitrate by one party shall be final and binding on the other. The arbitration will be conducted under the Streamlined Arbitration Rules and Procedures of JAMS that are in effect at the time the arbitration is initiated (the “JAMS Rules”) and under the terms set forth in these Terms. In the event of a conflict between the terms set forth in this Binding Arbitration section and the JAMS Rules, the terms in this Binding Arbitration section will control and prevail.

 

Except as otherwise set forth in this Binding Arbitration section, you may seek any remedies available to you under federal, state or local laws in an arbitration action. As part of the arbitration, both you and the Company will have the opportunity for discovery of non-privileged information that is relevant to the Claim. The arbitrator will provide a written statement of the arbitrator’s decision regarding the Claim, the award given and the arbitrator’s findings and conclusions on which the arbitrator’s decision is based. The determination of whether a Claim is subject to arbitration shall be governed by the Federal Arbitration Act and determined by a court rather than an arbitrator. Except as otherwise provided in these Terms, (a) you and the Company may litigate in court to compel arbitration, stay proceedings pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator; and (b) the arbitrator’s decision shall be final, binding on all parties and enforceable in any court that has jurisdiction, provided that any award may be challenged if the arbitrator fails to follow applicable law.

 

 

BY AGREEING TO THIS ARBITRATION PROVISION, YOU UNDERSTAND THAT YOU AND THE COMPANY WAIVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

 

(b) Location. The arbitration will be conducted in Brisbane, Queensland, Australia unless the parties agree to video, phone and/or internet connection appearances.

 

(c) Limitations. You and the Company agree that any arbitration shall be limited to the Claim between the Company and you individually. YOU AND THE COMPANY AGREE THAT (a) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE ARBITRATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; (b) THERE IS NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT IN A PURPORTED REPRESENTATIVE CAPACITY OR AS A PRIVATE ATTORNEY GENERAL; AND (c) NO ARBITRATION SHALL BE JOINED WITH ANY OTHER ARBITRATION.

 

(d) Exceptions to Arbitration. You and the Company agree that the following Claims are not subject to the above provisions concerning negotiations and binding arbitration: (a) any Claim seeking to enforce or protect, or concerning the validity of, any of your or the Company’s intellectual property rights; (b) any Claim related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorized use; and (c) any claim for equitable relief. In addition to the foregoing, either party may assert an individual action in small claims court for Claims that are within the scope of such court’s jurisdiction in lieu of arbitration.

 

(e) Arbitration Fees. If you initiate arbitration for a Claim, you will need to pay the JAMS arbitration initiation fee. If we are initiating arbitration for a Claim, we will pay all costs charged by JAMS for initiating the arbitration. All other fees and costs of the arbitration will be charged pursuant to the JAMS Rules.

 

(f) Severability. You and the Company agree that if any portion this Binding Arbitration section is found illegal or unenforceable (except any portion of Section (d) of this Binding Arbitration section), that portion shall be severed and the remainder of the section shall be given full force and effect. If Section (d) of this Binding Arbitration section is found to be illegal or unenforceable then neither you nor the Company will elect to arbitrate any Claim falling within that portion of Section (d) of this Binding Arbitration section found to be illegal or unenforceable and such Claim shall be exclusively decided by a court of competent jurisdiction within the County of Los Angeles, State of California, United States of America, and you and the Company agree to submit to the personal jurisdiction of that court.

 

Miscellaneous

 

This Agreement, including the documents referenced herein, constitutes the entire agreement between Yondo and You with respect to the subject matter hereof. This Agreement is binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. Nothing in this Agreement shall be construed as making either party the partner, joint venture, agent, legal representative, employer or employee of the other. The paragraph headings herein are solely for convenience and will not be applied in the interpretation hereof. These Terms may only be revised in a writing signed by the Company, or published by the Company on the site. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect. Non enforcement of any of the provisions of this Agreement shall not result in any subsequent waiver or waiver of any of the other provision. This Agreement shall be construed and interpreted in accordance with the laws of the State of Queensland (excluding any choice of laws), and any dispute under this Agreement shall be subjected to the courts located at Brisbane, Australia. In the event any litigation or arbitration is brought by either party in connection with these Terms, the prevailing party shall be entitled to recover from the other party all the reasonable costs, attorney’s fees and other expenses incurred by such prevailing party in the litigation. You acknowledge and agree that the Company would be irreparably damaged if these Terms were not specifically enforced, and therefore you agree that we shall be entitled, without bond, other security, or proof of damages, to appropriate equitable remedies with respect to breaches of these Terms, in addition to such other remedies as we may otherwise have available to us under applicable laws.

 

Violation

 

Users may report any violation of this Agreement to [email protected]

 

Last updated on July, 15, 2015