Terms of Service
Terms of Service
Effective as of February 1, 2020
This website is operated by YounglingzLLC. Throughout the site, the terms “we”, “us” and “our” refer to YounglingzLLC. YounglingzLLC offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.
You should carefully and understand the terms and conditions of this Agreement. PLEASE NOTE, IN PARTICULAR, THAT THIS AGREEMENT CONTAINS DISPUTE RESOLUTION PROVISIONS (SECTION 8, BELOW) REQUIRING ARBITRATION OF MOST DISPUTES.
By using the Site, you agree to be bound by this Agreement. If you do not agree to these terms and conditions, please do not use the Site.
We reserve the right at any time to:
- Change the terms and conditions of this Agreement;
- Change the Site, including eliminating or discontinuing any content on or feature of this Site; or
- Change any fees or charges for use of the Site.
Any changes we make will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on the Site. Your continued use of the Site after such notice will be deemed acceptance of such changes. Be sure to return to this page periodically to ensure familiarity with the most current version of this Agreement. Upon our request, you agree to sign a non-electronic version of this Agreement.
1. CONSENT TO ELECTRONIC COMMUNICATIONS. When you use YounglingzLLC, or send e-mails, text messages, or other communications from your desktop or mobile device to us, you may be communicating with us electronically. You agree that YounglingzLLC may from time to time send text messages or phone calls to you at the telephone number listed on your account and that this could result in charges to you, which you will be solely financially responsible for. You agree that these text or phone messages can be by prerecorded or artificial voice messages and/or through the use of an automatic dialing system. Additionally, you agree that YounglingzLLC can send e-mail messages to you at the e-mail address you provide on your account, and that YounglingzLLC may use other electronic means of communication to the extent permitted by law. Your consent can be revoked at any time by contacting YounglingzLLC at firstname.lastname@example.org.
2. COPYRIGHT. All content included in or made available through YounglingzLLC, such as, but not limited to: text, graphics, logos, designs, icons, images, illustrations, photographs, audio clips, digital downloads, software, and the copyrights, trademarks, service marks, trade dress and other intellectual property rights is the property of YounglingzLLC and protected by United States and international copyright laws. The compilation of all content included in or made available through the Site is the exclusive property of YounglingzLLC and protected by U.S. and international copyright laws. Use or misuse of these trademarks is expressly prohibited and may violate federal and state trademark law. Under no circumstances will you have any rights of any kind in or to the Site Content, other than the right to use the Site Content in accordance with these terms. Certain features of the Site may allow you to contribute feedback and other information to the Site for access, use, viewing, and commentary by other users of the Site (collectively, “Comments”). By posting Comments, you represent that you have the full legal right to provide the Comments and that use of the Comments by YounglingzLLC on the Site, and all other persons and entities, will not: (a) infringe any intellectual property rights of any person or entity or any rights of publicity, personality, or privacy of any person or entity, including as a result of your failure to obtain consent to post personally identifying or otherwise private information about a person; (b) violate any law, statute, ordinance, regulation, or agreement; or (c) constitute disclosure of any confidential information owned by any third party. Upon your submission of Comments or other material or information to YounglingzLLC, you grant YounglingzLLC a worldwide, perpetual, irrevocable, transferable, license to access, use, distribute, reproduce, display, modify, create derivative works based upon, and sublicense the Comments, all without any compensation to you whatsoever. YounglingzLLC reserves the right (but not the obligation) to remove or edit any Comments in its sole discretion for any reason, including, but not limited to, that the Comment or Comments are offensive or contain profanity or hate speech. For avoidance of doubt, YounglingzLLC shall be under no obligation: (1) to maintain any Comments in confidence; (2) to compensate you in any way for your Comments; or (3) to respond to any Comments.
3. USER COMMENTS. If you send certain specific submissions (for example contest entries)or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (Comments), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation: (1) To maintain any Comments in confidence; (2) To pay compensation for any Comments; or (3) To respond to any Comments.
We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion is unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
You agree that your comments will not violate any right of any thirdparty, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any thirdparty.
4. REGISTRATION. In order to access certain content, material, products or service on the Site, you may be asked to register and create an account. You may be required to be logged in to the account and have a valid payment method associated with it. If there is a problem charging your selected payment method, we may charge any other valid payment method associated with your account. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your account, and you agree to accept responsibility for all activities that occur under your account or password. YounglingzLLC does not sell products to children, but it sells them to adults, who can purchase with a credit card or other permitted payment method. YounglingzLLC reserves the right to refuse service, terminate accounts, terminate your rights to use YounglingzLLC, remove or edit content, or cancel orders in its sole discretion.
5. PROHIBITED ACTIVITIES. With respect to your use of Younglingz, LLC, you agree that you will not:
- Impersonate any person or entity;
- Stalk, threaten, or otherwise harass any person, or carry any weapons;
- Violate any law, statute, rule, permit, ordinance or regulation;
- Interfere with or disrupt Younglingz, LLC or the servers or networks connected to Younglingz, LLC;
- Post information or interact on Younglingz, LLC in a manner which is fraudulent, libelous, abusive, obscene, profane, sexually oriented, harassing, or illegal;
- Use Younglingz, LLC in any way that infringes any third party’s rights, including: intellectual property rights, copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy;
- Post, email or otherwise transmit any malicious code, files or programs designed to interrupt, damage, destroy or limit the functionality of Younglingz, LLC or any computer software or hardware or telecommunications equipment or surreptitiously intercept or expropriate any system, data or personal information;
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any information transmitted through Younglingz, LLC;
- “Frame” or “mirror” any part of Younglingz, LLC, without our prior written authorization or use meta tags or code or other devices containing any reference to us in order to direct any person to any other web site for any purpose;
- Modify, adapt, translate, reverse engineer, decipher, decompile or otherwise disassemble any portion of Younglingz, LLC;
- Rent, lease, lend, sell, redistribute, license or sublicense Younglingz, LLC or access to any portion of Younglingz, LLC;
- Use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, scrape, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of Younglingz, LLC or its contents;
- Link directly or indirectly to any other web sites;
- Transfer or sell your User account, password and/or identification, or any other User’s Information to any other party;
- Discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age or sexual orientation;
- Violate any of the Referral Program rules if you participate in the Referral Program; or
- Cause any third party to engage in the restricted activities above.
In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (1) For any unlawful purpose; (2) To solicit others to perform or participate in any unlawful acts; (3) To violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (4) To infringe upon or violate our intellectual property rights or the intellectual property rights of others; (5) To harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (6) To submit false or misleading information; (7) To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (8) To collect or track the personal information of others; (9) To spam, phish, pharm, pretext, spider, crawl, or scrape; (10) For any obscene or immoral purpose; or (11) To interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.
7. JURISDICTIONAL ISSUES. Those who choose to access the Site from locations outside of the United States do so on their own initiative and at their own risk.
8. DISCLAIMERS. YOUNGLINGZ LLC DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENTS ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. YOUNGLINGZ LLC CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. YOUNGLINGZ LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YOUNGLINGZ LLC DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECT WITH OR RELATED TO YOUR USE OF THE SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST YOUNGLINGZ LLCFOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE AGREEMENT BETWEEN THE PARTIES.
YounglingzLLC reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
9. INDEMNIFICATION. You agree to indemnify, defend and hold Company, our affiliates, licensors, advertisers and sponsors, and our and their directors, officers, employees, consultants, agents and other representatives, harmless from and against any and all claims, damages, losses, costs (including reasonable attorneys’ fees) and other expenses, made against YounglingzLLC by any third party due to or arising out of or in connection with your use of the Site.
10. ARBITRATION AND CLASS ACTION WAIVERS. Any dispute or claim relating in any way to your use of the Site (each a “Dispute”) will be resolved by binding individual arbitration, rather than in court, except that you may assert Disputes in small claims court if your Dispute qualifies. The Federal Arbitration Act and federal arbitration law apply to this agreement to arbitrate. THIS IS A WAIVER OF THE RIGHT TO TRIAL BY JURY.
There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of this Agreement as a court would.
To begin an arbitration proceeding, you must send a letter requesting arbitration and describing your Dispute to YounglingzLLC - LEGAL NOTICE at 1940 Butler Loop, Richland, WA 99354. All Disputes will be settled under the Federal Arbitration Act and governed by the Commercial Dispute Resolution Procedures and the Supplementary Procedures for Consumer Related Disputes (collectively, “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by these Terms and as then in effect and will be administered by the AAA. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by contacting us at the below address.
WE EACH AGREE THAT ALL DISPUTES WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. IF FOR ANY REASON A CLAIM PROCEEDS IN COURT RATHER THAN IN ARBITRATION WE EACH WAIVE ANY RIGHT TO A JURY TRIAL.
11. GOVERNING LAW. By using the Site, you agree that the Federal Arbitration Act, applicable federal law, and the laws of the state of California without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between you and YounglingzLLC.
12. SEVERABILITY. This Agreement shall be deemed severable, and the invalidity or unenforceability of any term or provision hereof shall not affect the validity or enforceability of this Agreement or of any other term or provision hereof. Furthermore, in lieu of any such invalid or unenforceable term or provision, the Company shall add as part of this Agreement a provision as similar in terms to such invalid or unenforceable provision as may be possible to be valid or enforceable.
13. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement by and between you and the Company pertaining to the subject matter hereof and supersedes all prior or contemporaneous agreements, representations, warranties and understanding of you and the Company. The Terms may not be amended, nor any obligation waived. Any failure to enforce any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof.
14. Contact Information. Questions about the Terms of Service or requests to Opt-Out or other questions or concerns should be sent to us at email@example.com or sent via mail to 1940 Butler Loop, Richland, WA 99454.