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Terms and Conditions

1. Agreement to Terms
2. Intellectual Property Rights
3. User Representations
4. User Registration
5. Prohibited Activities
6. User Generated Contributions
7. Contribution License
8. Submissions
9. Site Management
10. Privacy Policy
11. Term and Termination
12. Modifications and Interruptions
13. Governing Law
14. Dispute Resolution
15. Corrections
16. Disclaimer
17. Limitations of Liability
18. Indemnification
19. User Data
20. Electronic Communications, Transactions, and Signatures
21. California Buyers
22. Miscellaneous
23. Contact Us

1. Agreement to Terms

By visiting yetinode.com or using our Services, you accept these terms and conditions (“Terms of Service”). If you do not agree to these Terms of Service, you are not authorized to use our Services. We may modify these Terms of Service at any time, and such modification will be effective immediately upon posting on our Website.
Accordingly, you should review these Terms of Service each time you access our Website or use our Services.

2. Intellectual Property Rights

All content included on our Website, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on our Website, is our property or the property of our suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

3. User Representations

By using our Services, you represent and warrant that: (1) you have reached the age of majority in your jurisdiction and have the legal capacity to enter into this agreement; (2) all information you provide is accurate, current and complete; (3) you will maintain the accuracy of such information and promptly update such information as necessary; (4) you have the legal right to upload any content you upload to our servers and that such content does not infringe the intellectual property rights or violate the rights of any third party; and (5) your use of our Services complies with all applicable laws and regulations.

4. User Registration

To access certain features of our Website or Services, you may be required to register with us and create a unique user ID and password. You are responsible for maintaining the strict confidentiality of your account login credentials and for monitoring your account use and restricting access to your computer. You agree to accept responsibility for all activities that occur under your account or password.

5. Prohibited Activities

You agree not to engage in any of the following activities: (1) transmitting spam, chain letters, or other unsolicited communications; (2) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from our servers; (3) taking any action that imposes an unreasonable or disproportionately large load on our infrastructure; (4) uploading invalid data, viruses, worms, or other software agents through our Services; (5) collecting or harvesting any personally identifiable information, including account names, from our Services; (6) using our Services for any commercial purposes, including sending unsolicited communications; (7) using our Services in a manner inconsistent with any applicable laws or regulations; (8) using our Services for phishing, hacking, password cracking, or any other malicious activity; or (9) encouraging or enabling any other individual to do any of the foregoing.

6. User Generated Contributions

Our Website may allow you to submit contributions, including but not limited to text, images, audio, and video. By making a contribution, you grant us a perpetual, non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use, copy, modify, create derivative works based on, distribute, publicly display, publicly perform, and otherwise exploit in any manner such contribution in all formats and distribution channels now known or hereafter devised (including in connection with the Services and our business and on third-party sites and services), without further notification or compensation to you.

7. Contribution License

Subject to the terms and conditions of this Agreement, Company grants you a non-exclusive, non-transferable, revocable license to use the Contributions for your internal business purposes only. You may not: (a) modify, copy, or create derivative works based on the Contributions; (b) licence, sublicense, sell, resell, rent, lease, transfer, assign, distribute, or otherwise commercially exploit or make available to any third party the Contributions; (c) reverse engineer or access the Contributions in order to (i) build a competitive product or service, (ii) build a product using similar ideas, features, functions or graphics of the Contributions, or (iii) copy any ideas, features, functions or graphics of the Contributions; or (d) launch or cause to be launched on computers belonging to End Users or others any programs or processes for the purpose of interrupting, damaging, destroying or limiting the functionality of any Software or hardware or telecommunications equipment.

8. Submissions

You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the Site (“Submissions”) provided by you to us are non-confidential and shall become our sole property. We shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of these Submissions for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You hereby waive all moral rights to any such Submissions, and you hereby warrant that any such Submissions are original with you or that you have the right to submit such Submissions. You agree there shall be no recourse against us for any alleged or actual infringement or misappropriation of any proprietary right in your Submissions.

9. Site Management

We reserve the right, but not the obligation, to: (1) monitor the Site for violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms of Use, including without limitation, reporting such user to law enforcement authorities; (3) in our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of your Contributions or any portion thereof; (4) in our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to our systems; and (5) otherwise manage the Site in a manner designed to protect our rights and property and to facilitate the proper functioning of the Site.

10. Privacy Policy

Please refer to our Privacy Policy for information on how we collect, use and disclose your information.

11. Term and Termination

These Terms of Use shall remain in full force and effect while you use the Services or are otherwise a user of the Site, as applicable. We may terminate or suspend your access to the Services at any time, with or without cause, and with or without notice. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms of Use which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

12. Modifications and Interruptions

We reserve the right to change, modify, or remove services at any time or for any reason at our sole discretion without notice. However, we have no obligation to update any information on our Site. We also reserve the right to modify or discontinue all or part of the Services without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, discontinuance, or otherwise modifying the Services. We cannot guarantee the Services will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Services, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason without notice to you. You agree that we have no liability whatsoever for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions.

13. Governing Law

These Terms of Service and your use of the Services are governed by and construed in accordance with the laws of the State of Michigan, without giving effect to any principles of conflicts of law.

14. Dispute Resolution

Binding Arbitration

If the Parties are unable to resolve a Dispute through informal negotiations, the Dispute (except those Disputes expressly excluded below) will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Michigan. Except as otherwise provided herein, the Parties may litigate in court to compel arbitration, stay proceedings pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator.

If for any reason, a Dispute proceeds in court rather than arbitration, the Dispute shall be commenced or prosecuted in the state and federal courts located in ___, Michigan, and the Parties hereby consent to, and waive all defenses of lack of personal jurisdiction, and forum non conveniens with respect to venue and jurisdiction in such state and federal courts. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from these Terms of Use.

In no event shall any Dispute brought by either Party related in any way to the Services be commenced more than one (1) years after the cause of action arose. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Restrictions

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the full extent permitted by law, (a) no arbitration shall be joined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning binding arbitration: (a) any Disputes seeking to enforce or protect, or concerning the validity of, any of the intellectual property rights of a Party; (b) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claim for injunctive relief. If this provision is found to be illegal or unenforceable, then neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

15. Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Services at any time, without prior notice.

16. Disclaimer

The Services and all materials, information, products and services included in the Services are provided “as is,” with no guarantees or warranties of any kind, expressed or implied. We hereby disclaim all warranties and conditions with regard to the Services, including all implied warranties and conditions of merchantability, fitness for a particular purpose, title and noninfringement.

17. Limitation of Liability

In no event shall we be liable for any direct, indirect, incidental, special, punitive, cover or consequential damages (including, without limitation, damages for loss of profits, revenues, funds, goodwill, use or data), however caused, and regardless of the theory of liability or claimed fault, arising out of or in connection with these terms and conditions, or the Services, even if we have been advised of the possibility of such damages. In no event shall our aggregate liability arising out of or in connection with these terms and conditions, or the Services, exceed the amounts you have paid to us for use of the Services.

18. Indemnification

You agree to indemnify, defend and hold us and our partners, directors, officers, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorney fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third party.

19. User Data

We will maintain certain data that you transmit to the Services for the purpose of managing the performance of the Services, as well as data relating to your use of the Services. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Services. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

20. Electronic Communications, Transactions, and Signatures

Visiting the Services, sending us emails, and completing online forms constitute electronic communications. You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR VIA THE SERVICES. You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

21. California Buyers

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

22. Miscellaneous

These Terms of Use and any policies or operating rules posted by us on the Services or in respect to the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms of Use shall not operate as a waiver of such right or provision. These Terms of Use operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Terms of Use is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms of Use and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms of Use or use of the Services. You agree that these Terms of Use will not be construed against us by virtue of having drafted them. You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by the parties hereto to execute these Terms of Use.

23. Contact Us

In order to resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

YetiNode
208 3rd Street
Marion, Michigan 49665
United States
Phone: +1 (989) 272-3015
Email: support@yetinode.us