Last Updated: 05/28/2019
1. ABOUT YEO’S
YHS Trading (USA) Inc. d/b/a Yeo’s (“Yeo’s” “us”, “our”, or “we”) has created these Terms of Service (“Terms”) to govern the use of our website www.yeosusa.com (“Site”) and the content and services provided by us (collectively, “Services.”). Read this document carefully as it is a binding document between us. By using the Site and our Services you agree to be bound by these Terms and to use the Site in accordance with these Terms.
2. ACCEPTANCE OF TERMS OF SERVICE
Binding Terms. Please read these Terms carefully. It is a legal document that explains your rights and obligations related to your use of our Services.
Eligibility. You represent and warrant that you are at least 18 years old and have the right, capacity and authority to be bound by these Terms.
Updates to Terms. Yeo’s reserves the right to update or otherwise change these Terms at any time by posting the most current version of the Terms on our Services with a new Last Updated date shown. All changes are effective from that Last Updated date and your continued use of the Services after that date signifies your agreement to any such changes.
Contacting You. Please keep your contact information up to date as you are solely responsible for any contact information you provide to us. When you provide us with contact information in connection with an activity or when using our Services, such as an email address or telephone number, you agree that this action constitutes either a purchase or inquiry and establishes a business relationship with us. You expressly consent to our communicating with you using contact information obtained directly from you or which is provided to us with your consent. You attest that you have the legal authority over any contact information provided to us and can provide us and/or third parties with the authorization to contact you. This means you may be contacted in person or by recorded message, by e-mail, telephone and/or mobile telephone number (including use of automated dialing equipment), text (SMS) message, IM messaging, or any other means of communication that your wireless or other telecommunications device may be capable of receiving), in accordance with applicable law.
3. INTELLECTUAL PROPERTY RIGHTS
Ownership of Content and Marks. The Services, and all content published on or accessible through the Site and our Services (‘Content”) is owned by Yeo’s, its affiliates or its licensors, and is protected by laws governing copyrights patents, trademarks, trade secrets and/or other proprietary rights. Yeo’s owns a copyright in the selection, coordination, arrangement and enhancement of such Content and a copyright in the Site. All trademarks, logos, service marks, trade names, and trade dress appearing on the Services (“Marks”), are proprietary to Yeo’s, its affiliates, or its licensors. You acknowledge that you do not acquire any ownership rights in any Content or Marks downloaded or accessed from the Services. You may not frame or utilize framing techniques to enclose any Mark or Content (including images, text, page layout, or form) nor use any Meta tags or any other “hidden text” utilizing Yeo’s’, its affiliates’, or its licensors’ name or Marks without the prior express written consent of Yeo’s. You agree not to copy, reproduce, publish, transmit, distribute, perform, sell, create derivative works of, or in any way exploit, any Site, Services or any of the Marks or Content, in whole or in part, without the prior written consent or Yeo’s.
4. USE OF THE SITE
No Third-Party Beneficiaries. These Terms are intended solely for the benefit of each party hereto and their respective successors and permitted assigns, and the parties do not intend to confer third-party beneficiary rights upon any other person.
International Users. The Site can be accessed from locations around the world. Yeo’s makes no representations that the Site, content or other services available through the Site are appropriate for use from locations outside the United States or compliant with laws outside the United States. If you access the Site from a location outside the United States, you are responsible for compliance with all local and international laws.
Feedback. All comments or materials submitted to us, including testimonials, images, reviews, questions, comments, suggestions or ideas (collectively, “Feedback”), is received and treated by us on a non-confidential and unrestricted basis. If you provide Yeo’s with any Feedback, you hereby grant Yeo’s a non-exclusive, fully-paid, royalty-free, irrevocable, perpetual, transferable, sublicensable license to reproduce, distribute, modify, prepare derivative works based on, publicly perform, publicly display, make, have made, use, sell, offer to sell, import, and otherwise exploit that Feedback for any purposes, for all current and future methods and forms of exploitation throughout the world. If any such rights may not be licensed under applicable law (such as moral and other personal rights), you hereby waive and agree not to assert all such rights. You understand and agree that Yeo’s is not required to make any use of any Feedback that you provide. You agree that if Yeo’s makes use of your Feedback, Yeo’s is not required to credit or compensate you for your contribution. You represent and warrant that you have sufficient rights in any Feedback that you provide to Yeo’s to grant Yeo’s and other affected parties the rights described above. This includes but is not limited to intellectual property rights and other proprietary or personal rights.
6. LEGAL NOTICES
Third Party Links. Throughout the Site, we may provide links to third party sites or access to other services provided by third parties. Our linking to such third-party sites or access to services does not imply an endorsement or sponsorship of such sites or services, or the information, products or services offered on or through the sites or services. In addition, we do not operate or control in any respect any information, products or services that third parties may provide on or through the Site or on sites linked to by us which you access from our Site.
Limitation of Warranty. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITE OR MATERIALS ON THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, APPROPRIATENESS FOR ANY PURPOSE, OR OTHERWISE.
Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OR OUR AGENTS AND THIRD-PARTY DISTRIBUTORS OR SELLERS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL OR INCONSEQUENTIAL DAMAGES, INCLUDING WITHOUT LIMITATION THAT RESULT FROM LOSS OF PROFITS, DATA OR OTHER INTANGIBLES, THE USE OR THE INABILITY TO USE THE SITE OR RESULTING FROM UNAUTHORIZED ACCESS TO OR ALTERATION OF TRANSMISSIONS OR DATA, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR AGENTS AND THIRD-PARTY SUPPLIERS IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW. THE NEGATION OF DAMAGES SET FORTH HEREIN IS A FUNDAMENTAL ELEMENT OF THE BARGAIN BETWEEN US AND YOUR USE OF THE SITE OR SERVICES. THIS SITE WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH THE SITE OR OUR SERVICES YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND OUR SERVICES.
Indemnification. You agree at all times to defend, indemnify and hold harmless Yeo’s, its affiliates, their successors, transferees, assignees and licensees, and their respective parent and affiliated companies, agents, associates, officers, directors, shareholders and employees of each, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your negligence acts or omission, or any Feedback you submit and/or damage to property.
CALIFORNIA RESIDENTS: If you are a California resident and in connection with the foregoing release, you hereby waive California Civil Code Section 1542 (and any similar provision in any other jurisdiction) which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
7. DISPUTE RESOLUTION
These terms shall be governed by and construed in accordance with the laws of the State of California without application of conflict of laws rules. Exclusive jurisdiction and venue in connection with any dispute between you and YEOS (‘Dispute”) shall lie in the state courts located in Los Angeles County, California or the federal courts located in Los Angeles County, California. You hereby waive any right you might have to resolve any Dispute on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of the general public or other persons similarly situated. Any cause of action you may have with respect to Yeos, the Services, the content or the Sites must be commenced within one year after the claim or cause of action arises or such claim or cause of action shall be barred.
These Terms and policies incorporated herein are the entire agreement between you and Yeo’s. They supersede any and all prior or contemporaneous agreements between you and Yeo’s relating to your use of the Site or our Services. You may not assign your rights under your account or this agreement to any third party without Yeo’s’ prior written permission. Yeo’s may assign these Terms, in whole or in part, at any time. If any part of these Terms is determined to be invalid or unenforceable, it will not impact any other provision of these Terms, all of which will remain in full force and effect. Headings in the Terms are for convenience of reference only and shall not affect the interpretation or construction of this agreement. The failure of Yeo’s to partially or fully exercise any rights or the waiver of Yeo’s of any breach of these Terms by you, shall not prevent a subsequent exercise of such right by Yeo’s or be deemed a waiver by Yeo’s of any subsequent breach by you of the same or any other term of these Terms. The rights and remedies of Yeo’s under these Terms and any other applicable agreement between you and Yeo’s shall be cumulative, and the exercise of any such right or remedy shall not limit Yeo’s’ right to exercise any other right or remedy.
9. CONTACT US
If you have any questions or comments concerning these Terms, please contact us as follows: Send an email with your request and current contact information to email@example.com; contact us by phone: 626-810-8731; or, send a request in writing with your current contact information to: YHS Trading (USA), Inc., 21700 E. Copley Dr, Suite 260, Diamond Bar, CA 91765