YADAHOME.COM TERMS OF USE

YADAHOME.COM TERMS OF USE

1. General Acceptance.

The following Terms of Use constitute a legal agreement ("Agreement") between you (and, if you are an Eligible Minor (as defined below) your parent or legal guardian who provided Parental Consent (as defined below) and YADAhome.com, LLC ("YADAhome") with respect to your access to, and use of, the YADAhome.com website (sometimes referred to herein as the "Site") and any services or features provided by YADAhome, its vendors or through the Site (collectively, "Services").  By accessing, browsing and/or otherwise using the Site or any Services, whether as a visitor or as a registered member, you acknowledge and agree that (1) you (and, if you are an Eligible Minor, your parent or legal guardian who provided Parental Consent) have read and understand these Terms of Use and YADAhome’s Privacy Policy, (2) you (and, if you are an Eligible Minor, your parent or legal guardian who provided Parental Consent) will be bound by these Terms of Use and YADAhome’s Privacy Policy and (3) you will comply with any and all applicable laws, rules and regulations in connection with your access to, and use of, the Site and any Services.  If you do not agree to all of these Terms of Use as set forth in this Agreement or any modifications thereto made by YADAhome, you may not access, visit, browse and/or otherwise use the Site or any Services.

2. Eligibility and Fees.

Use of the Site and any Services is void where prohibited.  The Site and any Services provided on or through the Site are intended only for users who are at least thirteen (13) years of age.  Any registration as a Site member, or other use of, or access to, the Site or any Services provided on or through the Site by any individual under the age of thirteen (13) is strictly prohibited and will constitute an automatic violation of these Terms of Use.  If you are between the age of thirteen (13) and eighteen (18) (an "Eligible Minor"), your registration as a Site member, or other use of, or access to, the Site or any Services provided on or through the Site requires the consent of at least one of your parents or legal guardians ("Parental Consent").  Before providing Parental Consent, your parent or legal guardian is required to read these Terms of Use and YADAhome’s Privacy Policy.  Each parent or legal guardian that provides Parental Consent on behalf of an Eligible Minor hereby agrees that he or she and such Eligible Minor are legally bound by these Terms of Use.  With respect to any Eligible Minor, YADAhome reserves the right to (1) ask that the Parental Consent be delivered to it in writing, (2) make any other verification deemed necessary or prudent in its sole discretion to determine that such Eligible Minor has Parental Consent to access the Site and any Services, and (3) revoke and terminate your authorization to use the Site and any Services if YADAhome determines that such Eligible Minor does not have, or cannot verify to its satisfaction that such Eligible Minor has, Parental Consent.    

By accessing, browsing and/or otherwise using the Site or any Services provided on or through the Site, you represent and warrant that (1) you are at least thirteen (13) years of age, (2) your use of the Site and/or Services does not violate any applicable law, rule or regulation, (3) any information that you have posted on the Site is complete, correct and accurate in all respects and (4) you will at all times maintain the accuracy of such information.

In order to register as a Site member and to set up a "my fridge" profile, it will be necessary for you to choose an individual username and password.  You are fully responsible for choosing and maintaining the security and confidentiality of your username and password.  At no time will you access or use the username or password of any other Site member or disclose your username or password to any other Person.  You acknowledge and agree that any Person who you add to your "my network" portion of your profile will be able to access and use your profile in accordance with the profile privacy settings that you select.  If you suspect or become aware of any unauthorized use of your profile, username or password, you will notify us immediately.

If you violate any of these Terms of Use as set forth in this Agreement, your authorization to use the Site and any Services will automatically terminate and you agree to immediately destroy any downloaded or printed materials and discontinue all use of the Site (and any links thereto) and any Services.  In addition, YADAhome may terminate your Site membership, delete all or any portion of your "my fridge" profile or User Material, restrict or prohibit your access to the Site, your profile or any Service provided on or through the Site or take any other lawful actions, at any time for any reason or no reason, with or without notice, as determined in YADAhome's sole and absolute discretion, including, without limitation, if (1) YADAhome believes or has any reason to believe that you are: under the age of thirteen (13), or an Eligible Minor but do not have Parental Consent; or over the age of eighteen (18) but represent yourself as being under the age of eighteen (18) or (2) YADAhome believes or has any reason to believe that you are violating any of these Terms of Use.

You will be required to pay one or more fees ("Fees") in order to access and take advantage of certain Services (e.g., the services and features of YADAhome.com Turbo and the mobile services and features such as the iPhone, Blackberry and T-Mobile applications).  Therefore, in order to access and take advantage of such Services you (or, if you are an Eligible Minor, your parent or legal guardian) will be required to enter and store your credit card information on your profile and maintain a valid credit card account number on your profile at all times.  Any individual that enters and stores his or her credit card information on an Eligible Minor’s profile or for the benefit of any Eligible Minor’s use of the Site or any Services shall be deemed to have represented and warranted to YADAhome that such person is the parent or legal guardian of such Eligible Minor and that such individual has provided Parental Consent for such Eligible Minor to access the Site and any applicable  Services.  All Fees will be charged to your (or, if you are an Eligible Minor, your parent’s or legal guardian’s) credit card account that is listed on your profile at the time the charge is made.  YADAhome will store your (or, if you are an Eligible Minor, your parent’s or legal guardian’s) credit card information (including, without limitation, your (or, if you are an Eligible Minor, your parent’s or legal guardian’s) credit card account number) and will transmit such information to its vendors for purposes of charging any and all Fees.  If, at the time a Fee is charged, your (or, if you are an Eligible Minor, your parent’s or legal guardian’s) credit card being charged is invalid or otherwise not chargeable, your access to the Services for which the Fees are being charged will be terminated.  It is your responsibility to notify YADAhome if you wish to discontinue receiving any Services for which Fees are being charged.  If you do not notify YADAhome of such desire, by either cancelling your account using the cancellation method on your profile or by emailing YADAhome at cancel@yadahome.com with your cancellation, at least seven (7) days prior to the date of a charge, your credit card will be charged for any and all applicable Fees.

All Fees paid or charged are nonrefundable in all respects (including, without limitation, in the event the Site or any Services are discontinued, interrupted or modified, in the event any of your User Material is deleted, removed, modified or restricted or in the event you discontinue any Services).  If you fail to pay, or YADAhome or its vendors are unable to charge, any Fees required for any Services, those Services will no longer be available to you, and certain User Material may be deleted, removed, modified or restricted, or otherwise become unavailable to you.

YADAhome reserves the right, at any time upon notice, to modify all Fees, and/or to begin charging additional or other Fees for access to, membership in, or other use of the Site and/or any Services, as determined by YADAhome in its sole and absolute discretion.  Your continued use of the Site and/or any Services following such notice will constitute your acceptance of, and agreement to pay, any and all such Fees.

YADAhome may, in its sole and absolute discretion, offer a free trial period of certain Services, such as a free trial period for YADAhome.com Turbo.  The length and scope of any such trial period will be determined by YADAhome in its sole and absolute discretion and YADAhome may modify, terminate or discontinue any trial period, or any Services offered under a trial period, at anytime without requiring any notice to or consent from you.  Once a trial period is terminated or discontinued, you will no longer have access to or use of the Services offered during that trial period, unless YADAhome or its vendor continues to provide such Services and you properly register for such Services and pay all applicable Fees as provided in this Agreement.  Once you elect to register or pay for any Services, your trial period (if any) for those Services will immediately terminate, even if there is additional time left on the trial period, and you forfeit any claim to any time remaining under that trial period.

In addition to the Fees, if you use certain Services (such as any sms/text messaging feature), you may incur additional service or other fees from your carrier or other parties and you are solely responsible for any and all such additional or other fees.

Additional Terms and Conditions Applying To YADAhome.com Turbo Accounts:

Description of Service. The YADAhome.com Turbo Service includes the online (non-mobile) version of YADAhome.com’s upgraded To Do List, Grocery List and Calendar.

Mobile Access. YADAhome.com members may be required to pay additional Fees to access YADAhome.com Services via a mobile software download or via a mobile web browser.  In certain circumstances, mobile access via mobile services may include a free trial version of YADAhome.com Turbo.  Any trial period offered by YADAhome after a member has purchased a subscription will run concurrently with any existing paid subscription to YADAhome.com Services. Under no circumstances can any trial period be used to extend the length of any paid YADAhome.com subscription, nor can it be combined with any other free or paid subscription or transferred to any other person or account. Subscribers receiving trial periods cannot apply these trial periods against any paid subscription period and subscribers receiving free trials of any length will not be entitled to full or partial refunds of any paid subscriptions. Free trial offers cannot be combined with any other offers or transferred to any other account, entity or individual. Each mobile download/license includes access from one mobile device. Individual's may be required to pay separate fees to download software providing mobile access to YADAhome.com Services for each mobile device upon which they download the software.

Free Trials. Free Trials are offered at YADAhome's sole discretion and may be cancelled or modified at any time for any or no reason.

Payment for Subscription. Payment occurs on a pre-paid basis and payment will be automatically renewed at the end of each term, unless you provide YADAhome with the prior notification as required above.  It is your responsibility to inform YADAhome sufficiently in advance of any service renewal and/or pre-payment, if you decide to cancel your account or Services.

Cancellation of Subscription. Payment for subscriptions are non-refundable. If you cancel your YADAhome.com Turbo subscription prior to the end of the term for which you paid, your cancellation will occur immediately, but you will not be given any refund.

3. Proprietary Rights.

(a) Copyrights.  

All Site materials, including, without limitation, Site text, pictures, graphics, designs, video, information, applications, software, music, sound and other files and the selection and arrangement thereof are the proprietary and copyrighted materials of YADAhome© 2008, ALL RIGHTS RESERVED, or by the original creator of the material.  Provided that you are and you remain an eligible user of the Site and the Services, you are granted a limited, non-exclusive, non-transferable, non-sublicensable, fully revocable license to access and use the Site and Services and the content thereof owned by YADAhome to which you have properly gained access to print or download such content strictly for personal and noncommercial use only, provided you do not modify any such content and that you retain all related copyright and other proprietary notices.  Except as expressly provided herein, you may not distribute, copy, modify, reproduce, display, republish, download, or transmit any material on the Site for any purpose or use (including, without limitation, any commercial purpose or use) without the prior written consent of YADAhome.  You may not "mirror" any material contained on the Site on any other server without prior written permission from YADAhome.  Any unauthorized use of any material contained on the Site will violate this Agreement and may violate copyright laws, trademark laws, the laws of privacy and publicity and communications regulations and statutes.

(b) Trademarks.  

The trademarks (including, without limitation, YADA™, YADA HOME®, MY FRIDGE® and Organize·Connect·Share®), service marks, trade names, logos (including, without limitation, the YADAhome logo), page headers, custom graphics, button icons, scripts, service marks and trade dress used and displayed on the Site or in connection with any Services (collectively, "Trademarks") are registered and unregistered trademarks of YADAhome or its affiliates or business partners, and may not be copied, imitated or used, in whole or in part, without prior written permission from the owner.  You acknowledge that the Trademarks are and shall remain the sole property of YADAhome or the Trademark owner.  Nothing in this Agreement shall confer any right of ownership of any of the Trademarks to you.  Further, nothing shall be construed as granting, by implication, estoppel or otherwise any license or right to use any Trademark, without the express written permission of YADAhome or the Trademark owner.  The misuse of the Trademarks, or any other content on the Site, is a violation of this Agreement and is strictly prohibited.

(c) Downloadable Materials.  

Any software, including, without limitation, codes or other materials that are made available to download from the Site or in connection with any Services, is the copyrighted work of YADAhome or its affiliates or business partners.  If you download such software, use of that software is subject to the license terms in the software license agreement that accompanies or is provided with the software.  You may not download or install the software until you have read and accepted the terms of the applicable software license agreement.  Without limiting the foregoing, copying or reproduction of the software to any other server or location for further reproduction or redistribution is expressly prohibited except to the extent otherwise expressly permitted under the applicable software license agreement.

(d) User Material.

Any information, communication, content or material that you post or otherwise contribute to, on or through the Site or through any Services (including, without limitation, through any blogging feature of the Site) or you transmit to YADAhome or its vendors by email, blogs or otherwise, including, without limitation, any data, questions, comments, suggestions, or the like (collectively, "User Material") is, and will be treated as, nonconfidential and nonproprietary.  Except to the extent in contravention of YADAhome’s Privacy Policy, any User Material may be used by YADAhome for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting and you hereby (1) grant to YADAhome an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to sublicense) to use such User Material for any purpose and (2) agree not to assert against YADAhome any ownership, intellectual property or other rights in or to any User Material.  When you post, transmit or contribute User Material, you authorize and direct us to make such copies thereof as we deem necessary in order to facilitate the posting, transmission and storage of the User Material.  Furthermore, you expressly agree that YADAhome is free to use any ideas, concepts, know-how, or techniques contained in any User Material without compensation and for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and services using such information.

You are solely responsible for the User Material that you post to, on or through the Site or any Services, or transmit to or share with others, and you do so entirely at your own risk.  You may not post User Material that you do not own or that you do not have permission to post.  YADAhome reserves the right, in its sole and absolute discretion, to reject or refuse to post any User Material, and may deny, restrict, suspend, prohibit or terminate your access to all of any part of the Site, any Services, your "my fridge" profile or any User Material at anytime and without requiring any notice or explanation and without any liability.  YADAhome may, but is not obligated to, review the Site and may delete or remove (with or without notice to you), or limit, restrict or prohibit access to, any User Material or other content on the Site in its sole and absolute discretion, for any reason or no reason, and without liability to YADAhome, including, without limitation, User Material that in the sole and absolute judgment of YADAhome violates these Terms of Use, or which might be offensive, illegal, or that might violate the rights, harm, or threaten the safety of YADAhome or others.  You are solely responsible at your sole cost and expense for creating backup copies of and replacing your User Material.

You understand and agree that YADAhome does not control any User Material and in no event shall YADAhome be responsible or liable for any User Material.  If you choose to access, browse or otherwise use the Site or any Services (including, without limitation, any blogging feature of the Site), you do so entirely at your own risk.  YADAhome has no obligation to screen or monitor any User Material (including, without limitation, any User Material found in any blogs located on the Site) and YADAhome does not control the messages, information or files that users may post, contribute or transmit on, through or to the Site or any Services.  You agree that you must evaluate, and bear all risks associated with, the use of any User Material, that you may not rely on any User Material, and that under no circumstances will YADAhome be liable in any way for any User Material or for any loss or damage of any kind incurred as a result of the use of any User Material.  Notwithstanding the restrictions and limitations contained in this Agreement, User Material may, in whole or in part, be unauthorized, impermissible or otherwise violate these Terms of Use and in no event does YADAhome assume any responsibility or liability for any such User Material.  If you become aware of any misuse or abuse of the Site or Services, please contact us using our Contact Us page to report such misuse or abuse.

(e) Certain Copyright and Intellectual Property Protection.

YADAhome respects the intellectual property rights of others.  You may not upload, post, email, share or otherwise transmit to, on or through Site, or in connection with any Service, any materials that violate another person's copyright or other intellectual property rights.  Upon receipt of proper notification of alleged copyright infringement, we will promptly remove or disable access to the allegedly infringing material.  YADAhome will terminate (in its sole and absolute discretion) the Site accounts of repeat infringers in accordance with the Digital Millennium Copyright Act (17 U.S.C. § 512 et. Seq.) (the "DMCA").  In addition, YADAhome may also terminate, limit or restrict (in its sole and absolute discretion) the Site accounts of any users who violate or infringe the copyright or other intellectual property rights of any other person, whether or not they are repeat infringers.

Providing a notification of alleged copyright infringement:

If you believe that your copyrighted work has been uploaded, posted, emailed, shared or otherwise transmitted to, on or through the Site in violation of your copyright rights, you may provide our "Designated Agent" with a written notification as set forth in the DMCA containing each of the following items:

1. The identification (in sufficient detail) of the copyrighted work that you are claiming has been infringed (or if multiple copyrighted works are covered by a single notification, a representative list of such copyrighted works).

2. The identification (in sufficient detail) of the material that you claim infringes your copyright (e.g. identification of the URL or other specific location on the Site that contains the allegedly infringing material).

3. Your name, mailing address, telephone number and email address.

4. A statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.

5. A statement by you, made under the penalty of perjury, that the information contained in your notification is accurate and that you are the copyright owner or that you are authorized to act on the copyright owner's behalf.

6. The electronic or physical signature of the owner of the copyrighted work or a person authorized to act on the owner's behalf.

Submit your notification of alleged copyright infringement to YADAhome’s "Designated Agent" by mail, fax or E-Mail as follows:

Attention: Designated Copyright Agent
YADAhome.com, LLC

1200 G Street NW
Suite 800, PMB#248
Washington, DC 20005
Fax: (202) 783-0613
Business email: copyright@yadahome.com

Note that you may be liable for any and all damages and costs if you misrepresent that material on the Site, or in connection with any Service, is copyright infringing, and that by filing a false notification you will be committing perjury.

Upon receiving a proper notification of alleged copyright infringement in accordance with the above procedures, we will remove, or disable access to, the allegedly infringing material on the Site and notify the alleged infringer of your notice of alleged infringement.  We also will notify the alleged infringer of the following counter notification procedure.

Providing a counter notification of alleged copyright infringement:

If you believe your copyrighted material has been removed from Site as a result of mistake or misidentification, you may submit a written counter notification to our "Designated Agent" as set forth in the DMCA containing each of the following items:

1. Identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled.

2. A statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which the service provider may be found.

3. A statement that you will accept service of process from the party that filed the notification of alleged copyright infringement or the party's agent.

4. Your name, mailing address and telephone number. 

5. A statement by you, made under the penalty of perjury, that you have a good faith belief that the material in question was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled. 

6. Your physical or electronic signature. 

Submit your counter notification to YADAhome’s "Designated Agent" by mail, fax or E-Mail as follows:

Attention: Designated Copyright Agent
YADAhome.com, LLC

1200 G Street NW
Suite 800, PMB#248
Washington, DC 20005
Fax: (202) 783-0613
Business email: copyright@yadahome.com

Provided that you send us a valid written counter notification as provided above, we will restore to the Site your removed or disabled material after 10 business days but no later than 14 business days from the date we receive your notification, unless our "Designated Agent" first receives notice from the party filing the original notification of alleged copyright infringement informing YADAhome that such original party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Note that you may be liable for any and all damages and costs if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, and that by filing a false counter notification you will be committing perjury.

4. Use Restrictions.

(a) Limited Access.  

Except as otherwise expressly permitted by YADAhome, any access or attempt to access areas of the YADAhome computer system or infrastructure (other than the Site) for any purposes is strictly prohibited.  You agree that you will not use any robot, spider or other automatic device, or manual process, to "screen scrape," monitor, "mine," or copy the webpages on the Site or the content contained therein without YADAhome’s prior, express, and written permission.  You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site.  You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the Site or YADAhome’s infrastructure.

(b) Additional Use Restrictions.  

You shall not post, transmit, email, re-transmit, store or contribute User Material or any communication on, through or to the Site or any Services which, in the sole and absolute judgment of YADAhome: (i) is in violation of any local, state, federal or foreign law, rule or regulation, (ii) is threatening, obscene, indecent, libelous, slanderous, defamatory, fraudulent or that otherwise could adversely affect any individual, group or entity, including, without limitation, YADAhome (hereinafter, collectively, "Persons") or (iii) violates the rights of any Person, including, without limitation, rights protected by copyright, trade secret, patent or other intellectual property or similar laws or regulations including, but not limited to, the installation or distribution of "pirated" or other software products that are not appropriately licensed for use by you.  You shall be responsible for determining what laws, rules and regulations are applicable to your access to and use of the Site and any Services.  In addition, you may only use the Site and the Services in a manner that, in YADAhome's sole and absolute judgment, is consistent with the purposes of the Site and such Services.  If you are unsure whether any contemplated use or action is permitted, please contact YADAhome using our Contact Us page.  By way of illustration, and not limitation, the following below-described uses of the Site and/or Services are expressly prohibited and will constitute an automatic violation of this Agreement:

• Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that is, in YADAhome’s sole and absolute discretion, unlawful, fraudulent, harmful, threatening, infringing, abusive, harassing, tortious, defamatory, libelous, slanderous, vulgar, obscene, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable, or that restricts or inhibits any other Person from using or enjoying the Site or any Services or which may expose YADAhome or any other Person to any harm, damage or liability;
• Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that contains nudity, violence or other offensive matter or contains any link to an adult website. Pornography and pornographic related merchandising are strictly prohibited, including, without limitation, providing any links to pornographic content elsewhere;
• Soliciting personal information for any commercial or unlawful purpose;
• Harming minors in any way;
• Exploiting any Person or thing in a sexual or violent manner;
• Impersonating any Person, or falsely stating or otherwise misrepresenting yourself, your age or your affiliation with any Person;
• Forging headers or otherwise manipulating identifiers in order to disguise the origin of any User Material or covering or obscuring the banner advertisements on your profile or any Site webpage;
• Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that you do not have a right to transmit or store under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
• Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that infringes any patent, trademark, trade secret, copyright or other proprietary or intellectual property rights of any Person;
• Uploading, posting, emailing, sharing or otherwise transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation.  YADAhome reserves the right at any time and with or without notice to restrict the number of emails that a Site member may send to another Site member in any 24-hour period to a number that YADAhome deems appropriate in its sole and absolute discretion;
• Engaging in, or inducing or attempting to induce any other Person to engage in, any activities with the purpose or intent to defraud any Person, including, without limitation, YADAhome;
• Harvesting or collecting any contact information of others by electronic or other means for the purpose of sending unsolicited emails or other unsolicited communications;
• Uploading, posting, emailing, sharing or otherwise transmitting or storing any User Material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• Disrupting the normal flow of dialogue, causing a screen to "scroll" faster than other users are able to type, or otherwise act in a manner that negatively affects other users;
• Interfering with or disrupting the services or servers or networks connected to the Site, or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;
• Intentionally or unintentionally violating any local, state, federal or foreign law, rule or regulation or otherwise committing any criminal or morally offensive offense;
• "Stalking" or otherwise harassing or intimidating another Person;
• Promoting or providing instructional information about illegal activities, promoting harm, damage or injury to any Person, or promoting any act of physical harm or cruelty to others or animals;
• Effecting any security breaches or disruptions of Internet communications;
• Registering for more than one Site member account or profile or registering for a Site member account or profile on behalf of another Person;
• Using or attempting to use, in any unauthorized manner, the Site member account or profile of another Person;
• Disclosing your username or password to any other Person;
• Allowing any other Person to access or use your Site member account or profile in violation of these Terms of Use;
• Selling or otherwise transferring your Site member account or profile;
• Engaging in any commercial activities and/or sales (such as contests, sweepstakes, barters or advertisements) without the prior written consent of YADAhome;
• Uploading, posting, emailing, sharing or otherwise transmitting or storing any videos or photographs of another Person without that Person’s consent (either express or implied); and
• Using sexually suggestive or unfair, misleading or deceptive Content intended to draw interest to your Site profile.

(c) Space Limitations.

YADAhome reserves the right, in its sole and absolute discretion, to impose and implement space limitations on your YADAhome profile and any and all User Material.  YADAhome further reserves the right to periodically delete or remove User Material (including, without limitation, any User Material that YADAhome determines in its sole discretion to be outdated or no longer useful or necessary) in its sole discretion without requiring any notice to or consent from you.

5. Third Party Websites.

Links to third party sites and services on the Site or referenced in any emails distributed by YADAhome are provided solely as a convenience to you.  If you use these links, you will be directed to a third party site and these Terms of Use will not govern your access to, or use of, that third party site or any services provided by that third party.  YADAhome has not reviewed any of these third party sites or services and does not control or monitor and is not responsible for any of these sites or services, or their content or their policies, including, without limitation, their privacy policies or lack thereof.  YADAhome does not endorse or make any representations about third party sites or any information, software or other products or materials found there, any services provided by third parties or any results that may be obtained from using them.  If you decide to access or use any of the third party sites or services linked to the Site, you do so entirely at your own risk.  You acknowledge and agree that YADAhome shall not be responsible or liable, directly or indirectly, for, and you hereby release and agree to hold harmless YADAhome from, any and all damages or losses caused or alleged to be caused by, or in connection with, the access or use of, or reliance on, any such third party sites or their content or any services provided by third parties.

6. Privacy Policy.

In addition to these Terms of Use, any access to, or use of, the Site or Services shall also be governed by YADAhome’s Privacy Policy, which is hereby incorporated into these Terms of Use by this reference.  Click here  to view YADAhome’s Privacy Policy.

7. Member Disputes.

You are solely responsible for your conduct and interactions with other users of the Site and/or Services.  YADAhome reserves the right, but has no obligation, to monitor or become involved in any dispute between you and any other users of the Site and/or Services.

8. No Warranties; Disclaimers.

The Site, including, without limitation, all software, functions, materials, and information and other content on the Site, any promotional items or advertisements distributed by YADAhome or its agents or business partners through email or other correspondence and any and all Services, are provided "as is" without warranties of any kind, either express or implied.  YADAhome hereby disclaims all warranties, express or implied, including, but not limited to, warranties of quiet enjoyment and non-infringement and implied warranties of merchantability, fitness for a particular purpose, non-infringement, title, quiet enjoyment, and merchantability of computer programs, data accuracy, system integration and informational content with respect to the Site, its content, the above-mentioned emails and correspondence and any Services.

YADAhome is not responsible for and does not warrant or make any representations regarding the operation of the Site, the use, validity, accuracy or reliability of, or the results of the use of, the materials on the Site, any other sites or services linked to the Site or any Services.  The materials available on the Site or through any Services may be incomplete, inaccurate and/or out of date, and YADAhome makes no commitment to complete, correct or update any of such materials.

YADAhome does not and cannot guarantee or warrant that any files or software available for downloading from the Site or in connection with any Services (e.g., any files or software available or required to be downloaded in order to access Services via a mobile device) will be free from infection, viruses, worms, Trojan horses, or other code that manifest contaminating or destructive properties.  IF YOU CHOOSE TO DOWNLOAD ANY FILES OR SOFTWARE FROM THE SITE OR IN CONNECTION WITH ANY SERVICE YOU DO SO ENTIRELY AT YOUR OWN RISK AND YOU BEAR THE RISK OF ANY DAMAGES THAT MAY OCCUR AS A RESULT.  Therefore, you should exercise caution in the use and downloading of any files and use industry-recognized software to help detect and disinfect viruses.  YADAhome does not warrant that the Site, Services, software, materials or products will be uninterrupted or error-free or that any defects in the Site, Services, software, materials or products will be corrected.

YADAhome is not responsible for and makes no warranties, express or implied, with respect to any User Material or third party advertisements or content posted or transmitted on or through the Site, or the accuracy or reliability thereof, and, unless otherwise specified by YADAhome, such User Material and third party advertisements and content do not in any way constitute the opinions or policies of YADAhome. YADAhome is not responsible for the conduct, whether online or offline, of any user of the Site or Services.

Some jurisdictions do not allow the disclaimer of implied warranties.  Therefore, in such jurisdictions, some of the foregoing disclaimers and limitations may not apply to you insofar as they relate to implied warranties.

You should never use any information or content provided on or through the Site or any Services as a substitute for advice from a qualified professional and, notwithstanding any content contained on the Site or through any Services, in no event will YADAhome be deemed to be providing any professional advice (including, without limitation, any medical or legal advice) based upon any content provided on or through the Site or any Services.

The Site and any Services may be temporarily unavailable from time to time. YADAhome assumes no, and hereby disclaims any, responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any user or member communications. YADAhome is not responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile device equipment, software, or failure of email or players on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including, but not limited to, injury or damage to your or to any other Person's computer, mobile devices, or other hardware or software, related to or resulting from using or downloading materials in connection with the Internet and/or in connection with the Site or any Services. Under no circumstances will YADAhome be responsible for any loss or damage, including, but not limited to, any loss or damage to any User Material or personal injury or death, resulting from the use of the Site or any Services, any User Material or third party applications, software advertisements or other content posted to, on or through the Site or transmitted to Site users, or any interactions between, or conduct of, users of the Site or any Services, whether online or offline.

YADAhome reserves the right to change the Site and any and all content, software and other items used or contained on the Site and any Services at any time and with or without notice.

YADAhome operates the Site and provides the Services provided by YADAhome from within the United States of America and makes no representation that the content, services or information provided on, by or through the Site or any Services is appropriate or will be available for use in other locations.  If you use the Site or any Services outside of the United States, you are solely responsible for compliance with all applicable laws, rules and regulations, including, without limitation, all import or export laws, rules and regulations.

9. LIMITATION OF LIABILITY

In no event will YADAhome, its affiliates, business partners, DIRECTORS, OFFICERS, MEMBERS, EMPLOYEES, CONTRACTORS, AGENTS, SUCCESSORS OR ASSIGNS be liable for any damages, including, without limitation, direct, indirect, special, incidental, or consequential damages, damages resulting from lost profits, lost data or business interruption, whether any of the same are based on warranty, contracts, statutes, regulations, tort (including, but not limited to, negligence) or any other legal theory and whether or not advised of the possibility of such damages, arising out of, relating to, or RESULTING from, (1) ACCESS TO, use of, or inability to use, THE Site, any websites linked to THE Site, OR the materials, software or other information contained in any or all such sites, (2) any provision or receipt of any services or (3) any emails, promotional materials, advertisements or other correspondence distributed (WHETHER THROUGH EMAIL OR OTHERWISE) by yadahome, its agents and/or business partners.  If your use of the materials or information available on or through the Site or services results in the need for servicing, repair or correction of equipment or data, you assume all costs thereof.

not by way or limitation to the foregoing liability limitations, in no event shall YADAHOME'S liability to any SITE MEMBER, user or other party relating to the site or any services exceed, in the aggregate, usd $1,000 or the amount such MEMBER, user or other party HAS ACTUALLY paid to YADAHOME for the access to or use of the site or such SERVICES FOR WHICH (AND ONLY during the time period FOR WHICH) DAMAGES ARE CLAIMED, whichever is less.

No action AGAINST yadahome arising out of this agreement or otherwise relating to the site or any services,  regardless of the form of action, may be brought more than one (1) year after the activity giving rise to the action has occurred.

10. Revisions to Terms of Use.

YADAhome may modify these Terms of Use, in whole or in part, at any time with or without notice and any such modifications shall be effective upon posting on the Site or on such other date as may be indicated in such modified Terms of Use.  By continuing to use the Site or any Services you agree to be bound by any such modifications. It is your responsibility to routinely review these Terms of Use for any modifications.

11. Indemnification.

By accessing or using the Site or any Services, you agree to indemnify, release and hold harmless each of YADAhome, its affiliates, business partners, directors, officers, members, employees, agents, contractors, successors and assigns, from and against any and all damages, liabilities, claims (including, without limitation, third party claims), demands, injuries, losses, costs and expenses (including reasonable attorneys’ fees) arising out of or in connection with (a) your access to and use of the Site (or its content) or any Services, (b) any promotional materials, advertisements, or other correspondence distributed (whether through email or otherwise) by YADAhome, its agents and/or business partners, (c) any User Material, (d) your conduct in connection with the Site and any Services or with other users of the Site or such Services and/or (e) your violation of this Agreement.

12. Governing Law and Dispute Resolution; No Jury Trial.

This Agreement shall be governed by the substantive laws of the State of Delaware without regard to its conflicts of laws principles. You acknowledge and agree that any action, claim or dispute against YADAhome under or relating to this Agreement, the Site or any Services shall be settled by binding arbitration by an arbitrator who shall be qualified by experience and training to arbitrate commercial disputes.  Any judgment upon the award rendered by the arbitrator may be entered by any court having jurisdiction thereof.  The place of arbitration shall be in Wilmington, Delaware.  The arbitrator shall apply the substantive law of the State of Delaware without regard to its conflicts of law principles, and his or her decision thereon will be final and binding on the parties.

YOU hereby KNOWINGLY AND VOLUNTARILY waive to the fullest extent PERMITTED under law, any right YOU may have to a trial by jury in respect of any PROCEEDING directly or indirectly arising out of, under or in connection with this Agreement. YOU FURTHER ACKNOWLEDGE AND AGREE (1) THAT NO REPRESENTATIVE OR AGENT OF YADAHOME HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT YADAHOME WOULD NOT IN THE EVENT OF SUCH PROCEEDING, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION AND (2) THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR YADAHOME ENTERING INTO THIS AGREEMENT.

13. Miscellaneous.

This Agreement, together with YADAhome's Privacy Policy, constitutes the entire agreement between the parties, and supersedes any prior agreements between the parties, with respect to the subject matter hereof.

If any provision(s) of this Agreement is held by a court of competent jurisdiction to be unenforceable or contrary to law, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the parties with the other provisions remaining in full force and effect.  

YADAhome’s failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by YADAhome in writing.  

The section titles in this Agreement are solely used for the convenience of the parties and have no legal or contractual significance. 

This Agreement shall be binding upon each of the parties hereto and their successors and permitted assigns.  This Agreement and any rights or obligations hereunder may be assigned, in whole or in part, in any manner by YADAhome with or without notice and without requiring any consent or agreement from you.  Neither this Agreement nor any rights or obligations hereunder may be assigned, in whole or in part, in any manner by you without the express, prior written consent of YADAhome, which consent may be granted or withheld in YADAhome’s sole and absolute discretion.

Nothing contained in this Agreement or by virtue of your access to or use of the Site or any Services will create any partnership, joint venture, agency, franchise, representation or employment relationship between you and YADAhome.

Last revised February 3, 2010.

If you have any questions regarding this Agreement, please contact us using our Contact Us page.