Please carefully read the following agreement. It contains important information regarding your rights and obligations, including, limitations and exclusions that might apply to you.
This agreement sets forth the legal terms and conditions of your use of the YELLOOW website. Your use of the Website is subject to your compliance with all the terms, conditions and notices contained or referenced in this agreement, as well as any other written agreement between us.
1. ACCEPTANCE OF TERMS
If you do not wish to be bound by this agreement, please exit the Website now. Your sole remedy for dissatisfaction with the Website, or any products, services, content or other information available through the Website is to stop using the Website and the applicable products, services, content or information.
When using a particular feature of the Website, you may also be subject to any posted guidelines, rules, terms of service, acceptable use policies, privacy policies or other contractual provisions as noted. YELLOOW may update this agreement from time to time without prior notice to you. We encourage you to review this agreement periodically for any updates or changes.
If you are a YELLOOW Independent Consultant (Affiliate or Brand Partner), you are bound by additional terms and conditions contained in your Independent Contractor agreement and the Policies & Procedures.
You represent and warrant that you are at least 18 years old and are of sufficient legal age to use the Website and to enter into the binding legal obligations you may incur as a result of using the Website. You agree to be financially responsible for any liability you may incur as a result of using the Website.
3. ACCESS AND PASSWORDS
As part of our registration process you may have selected a particular username and password that will entitle you to enter password protected areas of the website. By registering, you agree that all information provided in the registration process is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate. You agree that you are the only individual entitled to access the site using your username or password, and you agree not to permit others to access the site under your sign up information. You may not assign or otherwise transfer your account to any other person or entity. If you lose your username or password our system can quickly generate you a new one. Just contact us at [email protected] or click the “forgot password” link on the sign in page.
4. USE OF THE WEBSITE
You assume total responsibility and risk for your use of the Website and the Internet. You understand that YELLOOW cannot and does not guarantee or warrant that files available for download from the website will be free of infection or viruses or other computer programming routines that are intended to intercept or expropriate any system, data or personal information, or to damage, or detrimentally interfere with any system. You are responsible for implementing sufficient firewalls, virus protections and checkpoints to satisfy your particular requirements for accuracy with data input and output, and for maintaining a means external to the Website for the reconstruction of any lost data.
5. ONLINE CONDUCT
YELLOOW Independent Contractors (ICs) and users agree that they are solely responsible for the content or information ICs and users publish, post or display on the website, or transmit to other ICs and users. You agree to use the Website in a manner consistent with any and all applicable laws and regulations that you will not post any transmissions constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, national or international law. You agree that you will not post on the Website, or transmit to other ICs and users or employees, any defamatory, inaccurate, abusive, obscene, profane, offensive sexually oriented, threatening, harassing, racially offensive or illegal material, comments, suggestions, photos or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights and rights of privacy and publicity). Please notify us of any material contained on the Website that you believe infringes these rules by sending an email to [email protected]
You will not engage in advertising to, or solicitation of, other ICs and users to buy or sell any products or services through the Website. You will not transmit any chain letters, spam or junk email to other ICs and users. You will not harvest or collect personal information about other ICs and users whether or not for commercial purposes, without their express consent. You will not use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Website or its contents. You will not “frame” or “mirror” any part of the Website, without our prior written authorization. You also shall not use metatags or code or other devices containing any reference to YELLOOW or the Website in order to direct any person to any other website for any purpose. You will not modify, adapt, sub-license, translate, sell, reverse engineer, decipher, de-compile or otherwise disassemble any portion of the Website or any software used on or for the Website or cause others to do so. You will not post, distribute or reproduce in any way any copyrighted material, trademarks or other proprietary information without obtaining the prior consent of the owner of such proprietary rights. We reserve the right to terminate or restrict your access to the Website if, in our opinion, your use of the Website may violate any laws, infringe upon another person’s rights or violate the terms of this agreement.
6. LINKS TO OTHER WEBSITES
YELLOOW expends great efforts to provide only high quality web resources that are valuable and appropriate. However, because YELLOOW does not have control over the changing nature of content on sites that are listed in its links, YELLOOW lists third party sites for use at the user’s risk and explicitly disclaims any responsibility for the accuracy, content or availability of information the resources may contain. Subsequently, YELLOOW does not warrant or guarantee that information from a listed site will not contain material that some individuals may deem inappropriate, objectionable or inaccurate.
7. INTELLECTUAL PROPERTY
The contents of the Website, such as text, graphics, logos, audio clips, video, photographs, software and other information (the “content”) is the property of YELLOOW and/or its affiliates or partners, and is protected by federal and international copyright and trademark laws, or other proprietary rights. These rights are protected in all forms, media and technologies existing now or developed in the future. You may print and download portions of material from the different areas of the website solely for your personal, non-commercial use or as otherwise permitted in writing. No portion of the content may be reprinted, republished, modified or distributed in any form without the express written permission of YELLOOW, unless otherwise noted. Certain content may be licensed from third parties and all such third-party content and all intellectual property rights related to the content belong to the respective third parties. You may not remove, alter or modify any copyright, trademark or other intellectual property or proprietary notice or legend contained on the Website or the content. Any rights not expressly granted by this Agreement or any applicable end-user license agreements are reserved by YELLOOW.
YELLOOW logos, all product and service names and company names, unless otherwise noted, are trademarks and/or trade dress of YELLOOW, LLC. The use or misuse of any marks or any other materials contained on the Website, without the prior written permission of their owner, is expressly prohibited. Nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent or trademark of YELLOOW or any third party.
Any unauthorized use of any materials contained on the Website may violate copyright laws, trademark laws, the laws of privacy and publicity and communication regulations and statures.
8. LIMITATION OF LIABILITY
The information, services, products and materials contained on the Website are provided on an “as is” basis with no warranty. To the maximum extent permitted by applicable law, YELLOOW disclaims all representations and warranties, express or implied, with respect to such information, services, products and materials, including without limitation any implied warranties or merchantability, fitness for particular purpose and non-infringement. In addition, YELLOOW does not warrant that the information accessible via this website is current, complete or error-free. Some states/providences do not allow the exclusion or limitation of implied warranties so the above limitation may not apply to you.
Under no circumstances and under no legal theory, tort, contract or otherwise shall YELLOOW, its subsidiaries, affiliated entities, officers, employees, agents, licensees or licensors, or its suppliers or resellers (either jointly or severely), be liable to you or any other person, including without limitation, for any indirect, special, incidental, exemplary, punitive, consequential damages or other loss of any character, relating to the website, the community or content, this agreement or activities relating thereto evening if YELLOOW shall have been informed of the possibility of such damages. These limitations shall apply notwithstanding any failure of essential purpose of any limited remedy. If any applicable authority hold any portion of this section to be unenforceable, then YELLOOW’s liability will be limited to the fullest possible extent permitted by applicable law.
9. ACCOUNT, PASSWORD AND ONLINE PURCHASES
If you are purchasing goods or services online for the first time, we will automatically route your information to YELLOOW, who will supply you with an identification number (“YELLOOW I.D.”), enabling YELLOOW to process and ship your online order. In connection with any future orders, you will be asked to input your YELLOOW I.D.
You are solely responsible for all activities within your account under your password and YELLOOW I.D. Your password should be treated with care and should not be disclosed to anyone. You cannot use your password or anyone else’s password for any unauthorized purpose. You indemnify YELLOOW and its staff from all claims and liabilities made by a third party resulting from all activities incurred within your account.
In consideration of your use of the Website you agree to: (i) provide true, accurate, current and complete information about yourself or your organization as prompted by the Website (the “registration information”); and (ii) maintain and update the registration information to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate your account and decline to permit your continued use of the website and future access to the Website.
You agree to indemnify, defend and hold YELLOOW and its affiliates, subsidiaries officers, directors, employees and agents harmless from and against any and all claims, demands, actions, costs, liabilities, losses and damages of any kind (including actual attorneys’ fees) resulting from (i) your use, misuse or abuse of the Website, (ii) your use or purchase of services or goods provided through the website or (iii) your breach of any provision of this Agreement. You will cooperate as fully as reasonably required in YELLOOW’s defense of any claim. YELLOOW reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without the written consent of YELLOOW.
11. PURCHASES AND PAYMENTS
YELLOOW reserves the right, with or without prior notice, (a) to change product or service descriptions, images and references; (b) to limit the available quantity of any product or service; (c) to prevent or prohibit any user or customer from making any or all purchases or payments; and/or (d) to refuse to provide any user or customer with any product or service. Price and availability of any product or service offered through YELLOOW websites are subject to change without notice, and YELLOOW shall not be responsible for errors in the prices or descriptions of such products or services. Refunds and exchanges will be subject to YELLOOW’s terms of sale, and/or refund and exchange policies then in effect. You agree to pay all charges that may be incurred by you or on your behalf through YELLOOW websites, at the price(s) in effect when such charges are incurred, including without limitation all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your transactions.
For YELLOOW ICs, your user license includes a revocable right to access and use certain trade secret, confidential and proprietary business information, which includes, without limitation, genealogy information, i.e., information compiled by YELLOOW that discloses or relates to all or part of the downline or upline within the IC’s sales organization, including, without limitation, IC lists, and all IC contact and business performance information. You acknowledge that YELLOOW is the exclusive owner of all such confidential information and agree to maintain all confidential information in strictest confidence and to use it only as authorized by YELLOOW. You agree not to compile, organize, access, create lists of or otherwise use confidential information except as authorized by YELLOOW under the IC Policies and Procedures, as amended.
13. LINKING AND FRAMING POLICY
14. ACCEPTABLE AND LAWFUL USE OF THE WEBSITE
Any information provided to YELLOOW in connection with use of the Website: (a) shall not be false, inaccurate or misleading; (b) shall not be obscene or indecent; (c) shall not contain any viruses, Trojan horses, worms, time bombs or other computer programming routines that are intended to intercept or expropriate any system, data or personal information, or to damage or detrimentally interfere with any system.; (d) shall not infringe on any third party’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; (e) shall not be defamatory, libelous, unlawfully threatening or harassing; and (f) shall not create liability for YELLOOW or cause us to lose the services of our Internet service providers or other suppliers.
You agree not to interfere or take action that results in interference with or disruption of the Website, servers or networks connected to the Website. You agree not to attempt to gain unauthorized access to other computer systems or networks connected to the Website.
15. ANTI-SPAM POLICY
YELLOOW strictly prohibits the sending of unsolicited bulk email (spam). Spam is defined for this purpose as sending messages similar in content to any persons, entities, newsgroups, forums, email lists or other groups or lists unless prior consent has been obtained from the email recipient or unless there is a preexisting business or personal relationship with the email recipient. YELLOOW also prohibits using false headers in emails or falsifying, forging or altering the origin of any email in connection with YELLOOW and/ or its products and services. YELLOOW prohibits engaging in any of the foregoing activities by using the service of another provider, remailer service or otherwise. If you or anyone you know is “spammed” by someone who is selling or describing YELLOOW’s products and services, please contact us promptly so that we make take appropriate action.
16. GOVERNING LAW, JURISDICTION AND VENUE
This agreement and access to the Website shall be governed by and construed in accordance with the law of the state of Utah, exclusive of its choice of law rules and matters affecting copyrights, trademarks and patents under U.S. federal law. You hereby irrevocably and unconditionally consent to submit to the exclusive jurisdiction of the courts of the state of Utah and of the United States of America located in Utah for any litigation arising out of or relating to use of the Website or purchases of services made through the Website (and agree not to commence any litigation relating thereto except in such courts). You hereby irrevocably and unconditionally waive any objection to the laying of venue of any such litigation in the courts of the state of Utah and agree not to plead or claim in any court in the state of Utah that such litigation brought therein has been brought in an inconvenient forum.
No delay or omission by either party hereto to exercise any right or power occurring upon any noncompliance or default by the other party with respect to any of the terms of this agreement shall impair any such right or power or be construed to be a waiver thereof. The terms and conditions of this agreement may be waived or amended only in writing and only by the party that is entitled to the benefits of the term(s) or condition(s) being waived or amended. Unless stated otherwise, all remedies provided for in this agreement shall be cumulative and in addition to and not in lieu of any other remedies available to either party at law, in equity or otherwise.
In the event that one or more portions of this agreement shall, for any reason, be held to be invalid, illegal or unenforceable in any respect, such validity, illegality or unenforceability shall not affect any other provision contained in this agreement.
You may not assign your rights or delegate your responsibilities hereunder without the express written permission of YELLOOW, except pursuant to the sale of your business, or all or substantially all of its assets. YELLOOW may, at any time, assign its rights or delegate its obligations hereunder without notice to you.
20. THIRD PARTY BENEFICIARY RIGHTS
No person not a party to this agreement is intended to be a beneficiary of this agreement, and no person not a party to this agreement shall have any right to enforce any term of this agreement.
We reserve the right, in our sole discretion, to change the terms of this agreement at any time. Updated versions of the terms will be posted here on the Website and are effective immediately. The date of the newest version is posted below. Please check back frequently, especially before you use the Website, to see if these terms have changed. Continued use of the Website after any changes to the terms constitutes your consent to such changes.
22. CONTACT US
If you have any concerns about the Website or these terms, please send an e-mail to customer support at [email protected] We will make every reasonable effort to address your concerns and remedy any problems you bring to our attention.