YOTRADE.COM
Including any Subdomains or Affiliate sites with which YoTrade is involved in providing web access, products and/or services
Last Revised 10-01-18
Access to and use of the YoTrade Inc (“YoTrade”) website (“site” or “YoTrade.com”) is provided subject to these Terms and Conditions (“Terms and Conditions”). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. ACCESSING AND BROWSING THIS SITE (OTHER THAN TO READ THIS NOTICE FOR THE FIRST TIME) CONSTITUTES ACCEPTANCE, WITHOUT LIMITATION OR QUALIFICATION, OF THESE TERMS AND CONDITIONS. These Terms and Conditions contain important information regarding your Legal Rights.
OVERVIEW
Welcome to YoTrade’s website (this Site), which is owned and operated by YoTrade Corporation / www.YoTrade.com (hereinafter YoTrade). Your access to, and use of, this Site and the products and services (collectively, the Services) found at this Site is subject to the following terms and conditions of use (Terms and Conditions). PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. ACCESSING AND BROWSING THIS SITE (OTHER THAN TO READ THIS NOTICE FOR THE FIRST TIME) CONSTITUTES ACCEPTANCE, WITHOUT LIMITATION OR QUALIFICATION, OF THESE TERMS AND CONDITIONS.
The terms we, us or our shall refer to YoTrade. The terms you, your or User shall refer to any individual or entity who accepts these Terms and Conditions by using this Site or the Services found at this Site. Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
YoTrade may, in its sole and absolute discretion, change or modify these Terms and Conditions, and the corporate policies which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon being posted to the Site. Please check the Terms of Use published on this Site regularly to ensure that you are aware of all terms governing your use of this Site. Other YoTrade Web sites may have their own terms of use or privacy statement, which apply to such Web sites. Also, specific terms and conditions may apply to specific content, products, materials, services, discussion forums, or information contained on or available through this Site (the “Content”) or transactions concluded through this Site. Such specific terms may supplement these Terms of Use or, where inconsistent with these Terms of Use, such specific terms will supersede these Terms of Use only to the extent that the content or intent of such specific terms is inconsistent with these Terms of Use. Your continued use of this Site after such revision date constitutes your acceptance of these Terms and Conditions. If you do not agree to be bound by these Terms and Conditions, do not use or access (or continue to use or access) this Site.
YoTrade reserves the right to make changes or updates with respect to or in the Content of the Site or the format thereof at any time without notice. YoTrade reserves the right to terminate or restrict access to the Site for any reason whatsoever at its sole discretion.
COPYRIGHT & TRADEMARK NOTICE
This website (“site” or “YoTrade.com”) is owned and operated by YoTrade Corporation. (“YoTrade”) and contains material that is the legal property of YoTrade, which actively and aggressively enforces its intellectual property rights to the fullest extent of the law. You may not modify, copy, reproduce, publish, upload, post, distribute, transmit or in any way exploit any material from this site, including code and software. Without limiting the generality of the foregoing, unless expressly authorized you may not distribute any part, feature or element of this site over any network, including a local area network, nor sell nor offer it for sale.
This site is protected under Trademark and Copyright laws of the United States and other countries and under international law. YOTRADE.COM IS SPECIALLY DESIGNED TO PRESENT PRODUCTS AND SERVICES IN A UNIQUE FORMAT AND APPEARANCE. ANY UNAUTHORIZED PRESENTATION, MODIFICATION OR RECASTING OF THIS SITE, INCLUDING, BUT NOT LIMITED TO, “REFRAMING” ONLINE IS EXPRESSLY PROHIBITED.
Trademarks, service marks, and logos (“Trademarks”) displayed on this site are registered and unregistered Trademarks of YoTrade or of third parties. YoTrade is Trademarks of YoTrade. All other Trademarks, product names, and company names or logos displayed on this site are the property of their respective owners. The use of YoTrade’s Trademarks in the HTML code of any website other than those which have received the express authorization of YoTrade constitutes trademark infringement and is expressly prohibited.
Copyright and all other proprietary rights in the Content (including but not limited to software, audio, video, text and photographs) rest with YOTRADE or its licensors. All rights in the Content not expressly granted herein are reserved. Except as stated herein, none of the material may be copied, reproduced, modified, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording, or otherwise, without the prior written permission of YOTRADE. All copyright and other proprietary notices shall be retained on all permitted reproductions. Permission is granted to display, copy, distribute and download the materials on this Site for personal, non-commercial use only, provided you do not modify the materials and that you retain all copyright and other proprietary notices contained in the materials. You also may not, without YOTRADE’s permission, “mirror” any material contained on this Site on any other server. This permission terminates automatically if you breach any of these terms or conditions. Upon termination, you must immediately destroy any downloaded and/or printed materials. Any unauthorized use of any material contained on this Site may violate copyright laws, trademark laws, the laws of privacy, communications, regulations and statutes.
Any material or information sent through or in connection with this Site by you (“User Materials”) will be treated as non-confidential and non-proprietary, and immediately become the property of YOTRADE, subject to the applicable Privacy Statement posted on this Site. YOTRADE may use such User Materials as it deems fit, anywhere in the world, without obligation for compensation, and free of any moral rights, intellectual property rights and/or other proprietary rights in or to such User Materials.
This Site may contain references to specific YOTRADE products and services that may not be (readily) available in a particular country. Any such reference does not imply or warrant that any such products or services shall be available at any time in any particular country. Please contact your local YOTRADE business contact for further information.
TRADEMARKS.
Unless otherwise indicated, all trademarks, service marks and logos displayed on the Site are registered and unregistered trademarks of YOTRADE (or its affiliates, subsidiaries or divisions). These include each of YOTRADE’s primary product brands and service offerings and its corporate logos and emblems.
TAMPERING
User agrees not to modify, move, add to, delete or otherwise tamper with the information contained in YOTRADE’s Site. User also agrees not to decompile, reverse engineer, disassemble or unlawfully use or reproduce any of the software, copyrighted or trademarked material, trade secrets, or other proprietary information contained in the Site.
INDEMNITY.
You agree to defend, indemnify, and hold harmless YOTRADE, its affiliates, subsidiaries, and divisions, and each of their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Content (including software) or your breach of the terms of this Agreement. YOTRADE shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
ELIGIBILITY; AUTHORITY
This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law. By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.
If you are agreeing to these Terms and Conditions on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to these Terms and Conditions, in which case the terms you, your or User shall refer to such corporate entity. If, after your agreement to these Terms and Conditions, YoTrade finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in these Terms and Conditions. YoTrade shall not be liable for any loss or damage resulting from YoTrade’s reliance on any instruction, notice, document or communication reasonably believed by YoTrade to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, YoTrade reserves the right (but undertakes no duty) to require additional authentication from you.
ACCOUNTS; TRANSFER OF DATA ABROAD
Accounts. In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an Account). You represent and warrant to YoTrade that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete. If YoTrade has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, YoTrade reserves the right, in its sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number / login, password, payment method(s), and shopper PIN. For security purposes, YoTrade recommends that you change your password and shopper PIN at least once every six (6) months for each Account you have with YoTrade. You must notify YoTrade immediately of any breach of security or unauthorized use of your Account. YoTrade will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss YoTrade or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad. If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries. By visiting this Site and communicating electronically with us, you consent to such transfers.
MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY
YoTrade generally does not pre-screen User Content (whether posted to a website hosted by YoTrade or posted to this Site). However, YoTrade reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with these Terms and Conditions. YoTrade may remove any item of User Content (whether posted to a website hosted by YoTrade or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of these Terms and Conditions, or for otherwise violating these Terms and Conditions (as determined by YoTrade in its sole and absolute discretion), at any time and without prior notice. YoTrade may also terminate a User’s access to this Site or the Services found at this Site if YoTrade has reason to believe the User is a repeat offender. If YoTrade terminates your access to this Site or the Services found at this Site, YoTrade may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
ADDITIONAL RESERVATION OF RIGHTS
YoTrade expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services that it deems necessary or reasonable, in its sole and absolute discretion, (i) to correct mistakes made by YoTrade in offering or delivering any Services, (ii) to protect the integrity and stability of, and correct mistakes made by others, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, (vii) to eliminate or prevent the presence and/or the use of website resources by any visitor or entity who (in YoTrade sole discretion) does not appear to have a good faith intent to purchase waste and recycling related products and services through YoTrade Corporation; or (viii) to avoid any civil or criminal liability on the part of YoTrade, its officers, directors, employees and agents, as well as YoTrade’s affiliates.
Where any portion of the Site requires registration, YoTrade expressly reserves the right to review every such Account for its use and history, including excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that it deems necessary.
DISCLAIMER OF REPRESENTATIONS AND WARRANTIES
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE PRODUCTS AND SERVICES FOUND AT THIS SITE ARE PROVIDED ‘AS IS’, AS AVAILABLE AND WITH ALL FAULTS. YOTRADE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YOTRADE, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE PRODUCTS AND SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND YOTRADE ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY YOTRADE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE PRODUCTS & SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
YOTRADE DOES NOT WARRANT THAT THIS SITE AND OTHER ELEMENTS HEREIN WILL BE UNITERRUPTED OR ERROR-FREE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms and Conditions or your use of this Site or the Products & Services found at this Site.
LIMITATION OF LIABILITY
IN NO EVENT SHALL YOTRADE, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, X-RATED, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT YOTRADE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
UNDER NO CIRCUMSTANCES SHALL YOTRADE OR ANY OF ITS AFFILIATES, SUBSIDIARIES, OR DIVISIONS, BE LIABLE FOR ANY DAMAGES SUFFERED BY YOU, INCLUDING ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS OR DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF INFORMATION, PROGRAMS OR OTHER DATA) THAT RESULT FROM ACCESS TO, USE OF, OR INABILITY TO USE THIS SITE OR DUE TO ANY BREACH OF SECURITY ASSOCIATED WITH THE TRANSMISSION OF INFORMATION THROUGH THE INTERNET, EVEN IF YOTRADE WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action brought against YoTrade arising out of or pertaining to this Site or the Products and Services found at this Site (or in connection with this site) must be commenced and notified to YoTrade in writing within one (1) year from the date that the cause of action occurs; otherwise such cause of action shall be permanently barred.
LIMITATION OF MONETARY CLAIM OR COMPENSATION
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL YOTRADE’S TOTAL AGGREGATE LIABILITY EVER EXCEED THE TOTAL AMOUNT PAID TO YOTRADE BY YOU OR YOUR COMPANY FOR THE PARTICULAR PRODUCTS AND/OR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of these Terms and Conditions or your use of this Site or the Services found at this Site.
INDEMNITY
You agree to protect, defend, indemnify and hold harmless YoTrade and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by YoTrade directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of these Terms and Conditions or the corporate policies which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. The indemnification obligations under this section shall survive any termination or expiration of these Terms and Conditions or your use of this Site or the Services found at this Site.
PRIVACY
Protecting the privacy of our clients and users of our Sites is important to YOTRADE. The YOTRADE Privacy Statement, as updated and amended from time to time, describes how we use and protect information you provide to us.
SECURITY.
The security of information transmitted through the Internet can never be guaranteed. YOTRADE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS SITE. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. YOTRADE DOES NOT WARRANT THAT THE SITE OR THE SERVERS, WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY YOTRADE ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS. YOTRADE is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of YOTRADE sites. In order to protect you and your data, YOTRADE may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
TRANSMISSION OF PERSONAL DATA
You acknowledges and agree that by providing YOTRADE with any personal information through the Site, you consent to the transmission of such personal information over international borders as necessary for processing in accordance with YOTRADE’s standard business practices and the applicable Privacy Statement.
ACCESS TO PASSWORD PROTECTED / SECURE / SPECIAL LOGIN AREAS.
Access to and use of password protected and/or secure area of the Site is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
FORWARD-LOOKING STATEMENTS.
The information on this Site may contain certain projections or forward-looking statements with respect to the financial condition, results of operations and business of YOTRADE or any of its affiliates and certain plans and objectives of YOTRADE with respect to these items. By their nature, projections and forward-looking statements involve risk and uncertainty because they relate to events and depend on circumstances that will occur in the future. There are a number of factors that could cause actual results and developments to differ materially from those expressed or implied by these projections or forward-looking statements. These factors include, but are not limited to, levels of business spending in major economies, the levels of marketing and promotional expenditures by YOTRADE and its competitors, raw materials and employee costs, changes in future exchange and interest rates (in particular, changes in the euro and the US dollar can materially affect results), changes in tax rates and future business combinations, acquisitions or dispositions and the rate of technical changes.
SPECIFIC SOFTWARE OR APPLICATIONS AVAILABLE ON OR THOUGH THIS SITE.
Any software or applications that may be made available from the Site (the “Software”) is the copyrighted work of YoTrade and/or a third party providing that Software. Software made available for downloading from or through this Site is licensed subject to the terms of the applicable license agreement, which may accompany or be included with the Software (“License Agreement”). An end user may be unable to install any Software that is accompanied by or includes a License Agreement, unless the end user first agrees to the License Agreement terms. Except as set forth in the applicable License Agreement, the Software is made available for use by end-users only and any further copying, reproduction or redistribution of the Software is expressly prohibited. WARRANTIES, IF ANY, WITH RESPECT TO SUCH SOFTWARE SHALL ONLY APPLY AS EXPRESSLY SET FORTH IN THE APPLICABLE LICENSE AGREEMENT. YOTRADE HEREBY EXPRESSLY DISCLAIMS ALL FURTHER REPRESENTATIONS AND WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT WITH RESPECT TO ANY SUCH SOFTWARE.
SUCCESSORS AND ASSIGNS
These Terms and Conditions shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.
NO THIRD-PARTY BENEFICIARIES
Nothing in these Terms and Conditions shall be deemed to confer any third-party rights or benefits.
EXTERNAL LINKS
YoTrade may provide links to third party websites, and some of the content appearing on this website may in fact be supplied by third parties. YoTrade assumes no liability for any damages you may suffer from visiting such linked websites, including without limitation, damages caused by computer viruses, Trojan horses or other destructive/disruptive code which may be downloaded from such linked websites. Any links contained on the YoTrade Website shall not be construed as an endorsement by YoTrade of any such linked website. YoTrade has not reviewed or researched the full content on these linked websites and shall not be held responsible should you encounter any materials that may appear inaccurate, indecent or illegal. If you visit such a website that is linked to YoTrade, please contact us and we will determine if the link should be removed from the YoTrade Website.
SUBDOMAINS AND AFFILIATE SITES OF YOTRADE
If you are redirected to a subdomain of YoTrade or affiliate site of YoTrade during the course of your user experience either because you have purchased a product and/or service that redirects you there (or for any other reason) any use and visit of such site (whether redirected there or not) shall be under the same terms and conditions as those at this location. Any information you supply about your company will not willingly or knowingly be shared with others however we cannot control or be responsible for those who might find ways to gain access to the information without YoTrade’s knowledge or permission. YoTrade assumes no liability for any damages you may suffer from visiting or being redirected to such other domains as part of the user experience, or products & services made available by YoTrade, including without limitation, damages caused by computer viruses, Trojan horses or other destructive / disruptive code which you may come in contact with as a result of the YoTrade user experience.
U.S. EXPORT LAWS
This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (OFAC), State Department, and other United States authorities (collectively, U.S. Export Laws). Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Departments list of Specially Designated Nationals or the U.S. Commerce Departments Table of Deny Orders, or any other denied parties lists under U.S. Export Laws. By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including anti-boycott, deemed export and deemed re-export regulations). If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site. The obligations under this section shall survive any termination or expiration of these Terms and Conditions or your use of this Site or the Services found at this Site.
COMPLIANCE WITH LOCAL LAWS
YoTrade makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.
GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY; DISPUTE RESOLUTION PROCESS
These terms and conditions are governed by and construed in accordance with the laws and venue of the State of Georgia, HallCounty, applicable to agreements made and entirely to be performed within the State of Georgia, without resort to its conflict of law provisions. You agree that any action at law or in equity arising out of or relating to these terms and conditions and any matters pertaining to this website can be filed only in the state of Georgia, and venue or federal court located in Hall County, Georgia; and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts over any such suit, action or proceeding. You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this website or these Terms and Conditions. You also agree that at YoTrade’s complete discretion YoTrade may chose to settle any disputes by binding arbitration, which shall either be conducted through the American Arbitration Association (pursuant to the then-in effect Commercial ‘Rules’ thereof) or through net-ARB.com (pursuant to the then-in-effect ‘Rules’ thereof). Notwithstanding anything to the contrary, if the parties have not resolved any claim or dispute in question after good faith efforts by them to do so within thirty (30) calendar days after the delivery by one to the other of a written notice of a specific claim or dispute (hereinafter referred to as ’30 Day Good Faith Effort Period’), YoTrade shall then have a 90 Day First Right of Refusal Period (business days excluding weekends and holidays) to file the arbitration claim either through the American Arbitration Association or net-ARB.com. If YoTrade fails to file the arbitration claim within the ’90 day First Right of Refusal Period’, then in that event thereafter either party will the right to file an arbitration claim with either the American Arbitration Association or net-ARB.com for up to 1 (one) year after such 90 day First Right of Refusal Period has expired.. Upon the date of any arbitration claim being filed the party filing such claim shall also notify the other party by both email and overnight courier (proof of delivery receipt required) that such claim or dispute has been referred to arbitration. If neither party files an arbitration claim within the respective time periods set forth herein then in that event the dispute shall be deemed to be resolved and neither party shall have any further rights to a claim over the subject matter. In an effort to help expedite, organize and streamline the Dispute Resolution Process you agree to this Dispute Resolution format and agree that any dispute will be resolved through binding arbitration and that YoTrade in its sole discretion shall have the 90 ‘First Right of Refusal Period (following the 30 Day Good Faith Effort Period) to decide which arbitration forum shall be utilized. The arbitrator(s) shall have the specific power to grant either party injunctive relief. Any award rendered by the arbitrator(s) shall be conclusive, final, non-appealable and binding upon the parties. This arbitration provision and the decision of the arbitrator(s), shall be specifically enforceable by either party and judgment upon such award may be entered in any court of competent jurisdiction. Any award shall bear interest at the rate set by the arbitrator(s). Each party hereby consents to these provisions for dispute resolution and to service of notice as set forth herein at their respective notice address. Each party agrees that its submission to jurisdiction and its consent to service of notice is made for the express benefit of the other party hereto. Further, each party hereby waives, and agrees not to assert, by way of motion, as a defense or otherwise, any claim that it is not subject personally to such jurisdiction, or that the proceeding has been brought in an inconvenient forum or improper venue. In the event of disputes relating to this Agreement the prevailing party shall be entitled to recover all associated costs, expenses, and reasonable attorneys’ fees.
TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY
The titles and headings of these Terms and Conditions are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in these Terms and Conditions shall for all purposes be construed to be a separate and independent covenant or agreement. If a court of competent jurisdiction holds any provision (or portion of a provision) of these Terms and Conditions to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of these Terms and Conditions shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.
CONTACT INFORMATION
If you have any questions about these Terms and Conditions, please contact us by email or regular mail at the following address:
YoTrade
P.O. BOX 7556
Gainesville GA 30504
United States
E-Mail : sales@yotrade.com
470-635-1220