To use the Sites and/or Services, you must be of legal age to enter into a binding contract and not be prohibited from using the Sites and/or Services by the laws of the jurisdiction from which you access the Sites and/or Services.
INTELLECTUAL PROPERTY OWNERSHIP
All trademarks, service marks, and trade names are proprietary to YA and our licensors. All rights, title, and interests in and to the Sites, including content, materials, trademarks and other intellectual property contained in the Sites, vest solely in YA and its licensors. The YA name, and any YA products and services, slogans or logos referenced herein on the Sites are either trademarks or registered trademarks of YA in the United States and/or other countries. The names of actual third party companies and products mentioned in the Sites may be the trademarks of their respective owners. Any rights not expressly granted herein are reserved.
NO PROFESSIONAL ADVICE
All information, materials, content and/or advice on the Sites or provided through the Services is for informational purposes only and is not intended to replace or substitute for any professional, financial, medical, legal or other advice. YA expressly disclaims, and you expressly release YA from, any and all liability concerning any treatment, action by, or effect on any person following the information offered or provided within or through the Sites and/or Services. You should consult with an appropriately trained expert for all concerns that require medical, legal, financial or other professional advice.
PRIVACY AND CONSENT TO COMMUNICATIONS
RECORDED TELEPHONE COMMUNICATIONS
Telephone communications between You and YA may be recorded or monitored for quality control purposes. By filling out any forms on the Sites or by providing information to us, you expressly consent to the recording of these telephone communications.
CONSENT TO AUTOMATIC TELEPHONE DIALING SYSTEM
You agree to be contacted by YA and YA marketing partners (“Partners”) to explore options at the telephone number you have provided. You agree we and our Partners may use automatic telephone dialing systems and technology to contact you by call or text message at the telephone number provided, even if you previously registered on a Do Not Call registry.
USE OF SITES; LIMITED LICENSE
NO UNAUTHORIZED ACCESS OF AND/OR USE OF THE SITES AND/OR SERVICES
The following are examples of some actions and activities that are prohibited by you in accessing and/or using the Sites and/or Services, and you agree not to do any of the following:
Using the Sites for commercial purposes.Conducting or promoting any illegal activities while using the Sites or Services.Uploading or attempting to upload or otherwise transferring any virus, worm, trap door, back door, Trojan horse, timer, clock, counter, or other limiting or malicious routine, instruction, or design that would cause harm to the Sites, YA’s computer and/or telecommunication systems or data.Interfering in any way with the proper functioning of the Sites (including harming, disabling, or significantly slowing) or interfering with or disrupting any servers or networks connected to the Sites, or disobeying any requirements, procedures, policies or regulations of networks connected to the Sites.Modifying, copying, distributing, reselling, transmitting, displaying, performing, reproducing, publishing, licensing, creating derivative works from, framing in another web page, and/or using on any other Web site or service any of the Sites content.Engaging in the practices of “screen scraping,” “database scraping,” “data mining” or any other activity with the purpose of obtaining lists of users or other information, in whole or in part, from the Sites or use web “bots” or similar data gathering or extraction methods for such purposes.Attempting to reverse engineer or jeopardize the correct functioning of the Sites, or otherwise attempting to derive the source code of the software (including the tools, methods, processes, and infrastructure) that enables or underlies the Sites;Attempting to gain access to secured portions of the Sites.Circumventing, attempting to circumvent, disabling, or attempting to disable, or discovering or attempting to discover any security measures (including without limitation encryption algorithms, keys, passwords, and the like) used by or for YA to protect its computer and/or telecommunications systems.Using the Sites and/or Services to generate unsolicited email advertisements or spam; and/or allowing, enabling, or otherwise supporting the transmission of mass unsolicited, commercial advertising or solicitations via e-mail (spam).Using the Sites and/or Services to stalk, harass or harm another individual.Impersonating any person or entity, or otherwise misrepresenting your affiliation with a person or entity; orUploading, distributing or printing anything that may be harmful to minors.Mirroring or framing the Sites, placing pop-up windows over its pages, or otherwise affecting the display of its pages.Engaging in any other action in any way that is unlawful or harms YA.
NO UNAUTHORIZED ACCESS OF AND/OR USE OF THE SITES AND/OR SERVICESACCOUNT SECURITY
On certain portions of the Sites, you will be provided with a password and user identification to use the Sites. You must agree to abide by these Site Terms and are responsible for all activity under such user identification. You are responsible for maintaining the confidentiality and security of any password connected with your account.
HYPERLINKS TO EXTERNAL WEB SITES
The Sites may provide links to external Web sites (“External Web Sites”). We provide these links to External Web Sites for your convenience only. We do not control such External Web Sites; therefore, YA is not responsible for the content of any linked site or any link contained in a linked site. Our inclusion of links to such External Web Sites does not imply any endorsement of any such third party who advertises their goods or services through the Sites We make no claim or representation regarding, and accept no responsibility for, the quality, content, nature or reliability of External Web Sites.
THIRD PARTY PRODUCTS AND SERVICES
We may run advertisements and promotions from third parties on the Sites or may otherwise provide information about or links or referrals to third-party products or services on the Sites (“Third Party Products and Services”).
We do not make any guarantees about the accuracy, currency, suitability, or quality of the information about such Third Party Products and Services, and we assume no responsibility for unintended, objectionable, inaccurate, misleading, or unlawful content made available by Third Party Products and Services. Because we do not control such Third Party Products and Services, we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or promotions or from any Third Party Products and Services, and you use such Third Party Products and Services at your own risk.
Your business dealings or correspondence with, or participation in promotions of, such Third Party Products and Services, and any terms, conditions, warranties or representations associated with such dealings or promotions are solely between you and such third party.
You should investigate and use your independent judgment regarding the merits, quality and reputation of any Third Party Products and Services that you find on or through the Sites.
THE SITES AND THE SITE MATERIALS (INCLUDING ALL THIRD PARTY CONTENT), AND ALL LINKS, INFORMATION, MATERIALS, EVALUATIONS, RECOMMENDATIONS, SERVICES AND PRODUCTS PROVIDED ON OR THROUGH THE SITES ARE PROVIDED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOU EXPRESSLY AGREE THAT USE OF THE SITES AND THE MATERIALS IS AT YOUR SOLE RISK. YA AND ITS ASSOCIATED PARTIES (DEFINED AS AFFILIATES, SUCCESSORS, OFFICERS, DIRECTORS, SHAREHOLDERS, PERSONAL REPRESENTATIVES, AGENTS, AND EMPLOYEES) DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT AS TO THE SITES, THE SITE MATERIALS, LINKS, INFORMATION, MATERIALS, SERVICES AND PRODUCTS AVAILABLE ON OR THROUGH ON THE SITES AND/OR SERVICES. IN ADDITION, YA IS NOT RESPONSIBLE FOR THE PRODUCTS OR SERVICES PROVIDED BY, OR THE CONDUCT OF, ANY THIRD PARTY OR ITS AGENTS OR EMPLOYEES (EVEN IF WE HAVE INTRODUCED YOU TO SUCH PARTY OR PARTIES), INCLUDING WITHOUT LIMITATION, HEALTH CARE AND/OR ANY OTHER SENIOR HOUSING AND CARE PROVIDER, WHETHER OFFLINE OR ONLINE. NO ORAL OR WRITTEN INFORMATION FROM YA OR ANY OTHER PARTY WILL MODIFY THIS DISCLAIMER. YA EXPRESSLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR COVENANTS THAT THE MATERIALS ON THE SITES ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, OR ERROR-FREE. WHILE WE ATTEMPT TO PROVIDE YOU ACCESS SAFE FROM VIRUSES, YA DOES NOT REPRESENT, WARRANT OR COVENANT THAT THE SITES OR ITS SERVER(S) ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN NO EVENT SHALL YA BE LIABLE TO USER FOR ANY OF THE PRODUCTS, SERVICES, CONTENT OR INFORMATION PROVIDED THROUGH THE SITES OR OTHERWISE PROVIDED BY OR ON BEHALF OF YA.
LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL YA OR THE ASSOCIATED PARTIES BE LIABLE FOR ANY DIRECT, SPECIAL, PUNITIVE, EXEMPLARY, INCIDENTAL, INDIRECT, CONSEQUENTIAL DAMAGES, OR ANY OTHER DAMAGES OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO LOSS OF USE, LOSS OF PROFITS, OR LOSS OF DATA OR OTHER INFORMATION, FOR BUSINESS INTERRUPTION, AND FOR ANY OTHER PECUNIARY OR OTHER LOSS WHATSOEVER ARISING OUT OF OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OUR ACTS OR OMISSIONS UNDER OR IN ANY WAY RELATED TO THE SITES AND/OR SERVICES, OR OTHERWISE UNDER OR IN CONNECTION WITH THE SITES AND/OR SERVICES, REGARDLESS OF THE LEGAL THEORY INCLUDING WITHOUT LIMITATION TORT, STRICT LIABILITY, BREACH OF CONTRACT OR BREACH OF WARRANTY BY US OR ANY ASSOCIATED PARTY, AND EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS, EXCLUSIONS AND DISCLAIMERS OF THIS “LIMITATION OF LIABILITY” SECTION SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EVEN IF ANY REMEDY FAILS ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CONSEQUENTIAL OR INDIRECT DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
We may terminate or suspend your access to the Sites at any time, with or without cause, and with or without notice. Upon such termination or suspension, your right to use the Sites will immediately cease.
CHANGES TO THE SITES AND/OR SERVICES
We reserve the right to change, modify, suspend, or cease providing the Sites and/or Services (and therefore, your access to and use of) at any time without notice.
GOVERNING LAW AND FORUM SELECTION
CLASS ACTION WAIVER
WAIVER OF RIGHT TO JURY TRIAL
CLAIMS SUBJECT TO MANDATORY AND BINDING ARBITRATION
COPYRIGHT INFRINGEMENT NOTICES & DMCA NOTICES
If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. Any misrepresentations in your notice whether content or activity is infringing may expose you to liability for damages.
1. A clear identification of the copyrighted work you claim was infringed
2. A clear identification of the material you claim is infringing on the Website, such as a link to the infringing material.
3. Your address, email address and telephone number.
4. A statement that you have a ”good faith belief that the material that is claimed as copyright infringement is not authorized by the copyright owner, its agent, or the law.”
5. A statement that ”the information in the notification is accurate, and under penalty of perjury, the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed”
6. A signature by the person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
7. You may send your notice by email to the contact information set forth on this web site. below.