YESNETWORK.com Terms of Use

Please carefully read these terms and conditions of use (these "Terms of Service") before using YESNETWORK.com and any mobile, connected television or other applications published by Yankees Entertainment and Sports Network, LLC (together, the "Site"). Your access to and use of the Site is subject to these Terms of Service (including the Privacy Policy of the Site) and all applicable laws. By accessing and using the Site, you signify your assent to these Terms of Service and our Privacy Policy. These Terms of Service reserve the right to amend or modify at the sole discretion of Yankees Entertainment and Sports Network, LLC ("YES," "we," "our," or "us"), or new conditions may be imposed, at any time with or without notice. Any such changes or additions shall be effective immediately when we post them. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR RESPONSIBILITY TO REVIEW THE SITE AND THIS AGREEMENT PERIODICALLY AND TO BE AWARE OF ANY CHANGES, REVISIONS, OR MODIFICATIONS. WE WILL TRY TO GIVE YOU NOTICE WHEN WE MAKE A MATERIAL CHANGE TO THE SITE OR CONTENT THAT WOULD ADVERSELY AFFECT YOU, BUT THIS MAY NOT ALWAYS BE PRACTICAL, AND WE MAKE NO GUARANTEE THAT SUCH NOTICE WILL BE PROVIDED. YOUR CONTINUED USAGE OF THE SITE WILL MEAN YOU ACCEPT THOSE CHANGES. Your continued use of the Site following the posting of changes to these Terms of Service (including the Privacy Policy) will mean you accept those changes. To the extent that there is inconsistency between these Terms of Service and the Privacy Policy, these Terms of Service shall govern. If you do not agree to these Terms of Service, please do not use the Site.

1. OWNERSHIP AND USE RESTRICTIONS.The Site is owned and operated by YES and its service providers acting on its behalf. YES, its service providers, and their respective operators, members, teams, affiliates, employees, directors, and officers shall be collectively referred to herein as the "Operators."

TThe content and materials contained within the Site (including, without limitation, video, audio, photos, text, images, graphics, data, statistics, updated scores and results, logos and all copyrights and intellectual property related to the Site, YES, and the YES sponsors, licensees and other affiliates) (the "Content") are either owned by, or licensed to, YES. The Content from the Site may not be reproduced, republished, uploaded, posted, transmitted, reproduced, distributed, copied, publicly performed, publicly displayed or otherwise used in any manner, except as expressly provided in these Terms of Service, without the express written permission of YES. The Operators maintain the Site for your personal entertainment, information, education, and communication.

Please feel free to browse the Site. You may download one copy of each piece of material displayed on the Site to any single computer for your personal, noncommercial use only, provided that you also retain all copyright and other proprietary notices contained on the materials. You may not, however, distribute, reproduce, republish, perform, display, prepare derivative works based upon, modify, transmit, reuse, repost, or use any materials of or from the Site for public or commercial purposes on any other website or otherwise without the express written permission of YES. Modification of any materials displayed on the Site in any manner is a violation of the Operators' copyright and other proprietary rights.

The word marks and logos of YES, and YESNETWORK.com are the exclusive property of YES (the "YES Trademarks"). All other word marks and logos (each, a "Trademark" and, collectively, the "Trademarks") appearing on the Site are Trademarks of their respective owners. Nothing contained on the Site should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any YES Trademarks or Trademark displayed on the Site in any manner without the express written permission of its respective owner. Any use of the YES Trademarks and/or Trademarks displayed on the Site, or any other content on the Site, except as provided in these Terms of Service, is strictly prohibited.

Images of people or places displayed on the Site are either the property of, or used with permission by, the Operators. Any use of these images by you, or anyone else authorized by you, is prohibited unless expressly permitted by these Terms of Service or by express permission that is granted elsewhere on the Site. Any unauthorized use of the images or Content is a breach of the Terms of Service and may violate copyright laws, trademark laws, the laws of privacy and publicity, and communications regulations and statutes. The Operators neither warrant nor represent that your use of materials displayed on the Site will not infringe upon the rights of third parties neither owned by nor affiliated with the Operators. All rights not expressly granted herein are reserved to YES

You may not decompose, modify, decompile, translate, reverse engineer, disassemble or otherwise deconstruct all or any portion of the Site. You may not use any data mining, robots, scraping, similar data gathering or extraction methods, or collect, manually or through an automatic process, information about other users (including, but not limited to, e-mail addresses, medical information, or any form of other contact information, or any other information) without their express consent.

2. REGISTRATION FOR USE OF CERTAIN FEATURES. In order to access certain features of the Site, you may be required to register with YES by providing certain personally identifiable information about yourself, including your name, e-mail address, address and telephone number. In consideration for our granting you access to these features of the Site, you hereby expressly agree to provide true, accurate, current and complete information about yourself as requested and necessary for our provision of, and/or your registration for the use of, those features of the Site, subject to all applicable laws and regulations. If you choose to provide any information to us through registration, that information may be accessed, retained, or disclosed within YES, but will not be shared with unaffiliated third parties except as you expressly permit, or as authorized by applicable laws and our Privacy Policy. You also grant us the right to disclose to third parties certain information about you. You must promptly notify YES if any of this information changes. If you provide any information that is untrue, inaccurate, not current or incomplete, or if YES has reasonable grounds to suspect that the information that you have provided is untrue, inaccurate, not current or incomplete, YES has the absolute right to suspend or terminate your password at any time and/or refuse you any and all current or future use of the Site. For information concerning how YES collects and uses such information please see our Privacy Policy at: https://www.yesnetwork.com/info/privacy-policy.

You may receive a password upon completing the registration process. You are solely responsible for maintaining the confidentiality of the password, and are solely responsible for all activities that occur under your password. For security purposes, YES recommends that you change your password often, that you do not reuse passwords, and that you use unique passwords for this Site. We are not obligated to inquire as to the authority or propriety of any use of or action taken under your password. We will not be responsible for any loss to you that arises from such use or action or from your failure to comply with these provisions. The Operators are not responsible for any loss or damage arising as a result of your failure to comply with this Section 2.

3. MESSAGE FEATURES AND SUBMISSIONS.

A. The Site may offer opportunities for you to send messages or postings in connection with various features including electronic mail, text messages, chats with special guests and forums to communicate with other users about various sports featured on the Site (each a "Message Feature" and, collectively, the "Message Features"). In order to participate in any Message Feature, you may be required to provide accurate and complete personal information consisting of your name, telephone number (e.g., home, work, mobile and/or fax) and e-mail address, which shall be collected pursuant to the Privacy Policy of the Site. You must use the Message Features in a responsible manner. You also agree that YES may communicate with you by e-mail using the address that you have provided. YES is not responsible for communications we attempt to make via e-mail that you do not receive because the e-mail address we have on file is incorrect or is no longer being used by you.

B. By transmitting any message in connection with the Message Features and/or submitting creative ideas, concepts, know-how, techniques, suggestions, content or materials (including, without limitation, video, audio, photos, text, data, images and graphics) (each, a "Submission" and, collectively, "Submissions"), you are granting YES a perpetual, royalty-free, non-exclusive, unrestricted, worldwide and irrevocable right and license to use, reproduce, modify, publish, translate, prepare derivative works based upon, distribute, perform and display each such Submission, in whole or in part, in any form, media or technology known or hereafter developed for any purpose, including, without limitation, advertising and promotional purposes (collectively, "Rights"). This means that anything submitted by you on or to the Site will be used exclusively by YES and may be used by the Operators for any purpose, now or in the future, without any payment or other obligation to you. All Submissions, excluding any message in connection with the Message Features, whether solicited or unsolicited, shall become and remain the exclusive property of YES. The Operators shall also have the absolute right, but not the obligation, to use your name, likeness and/or biographical information in connection with the broadcast, print, online or other use or publication of your Submission without seeking or receiving your further consent.

By entering the Site, you expressly agree to not make any Submission in connection with the Site and/or any Message Feature, or use the Site in any manner, that: (i) imposes an unreasonable or disproportionately large load on the Site's infrastructure, or otherwise restricts or inhibits any other user from using and enjoying the Site; (ii) is unlawful, discriminatory, threatening, abusive, harassing, bigoted, hateful, libelous, defamatory, obscene, vulgar, offensive, harmful to minors, pornographic, profane, sexually explicit or indecent; (iii) constitutes, advocates or encourages conduct that would constitute or give rise to a criminal offense, civil liability or other violation of any local, state, national or international law; (iv) violates, plagiarizes or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right; (v) contains any virus, Trojan horse, worm, time bomb, cancelbot, robot, spider or other similar harmful or deleterious programming routine; (vi) contains any information, software or other material of a commercial nature; (vii) contains advertising, promotions or commercial solicitations of any kind; (viii) constitutes or contains false or misleading indications of origin or statements of fact; (ix) removes any proprietary notices or labels; (x) creates a false identity for the purpose of misleading others; (xi) attempts to disable, bypass, modify, defeat or otherwise circumvent any security tools used on the Site; (xii) contains material irrelevant to the subject matter of the Message Feature; (xiii) attempts to gain unauthorized access to another network or server; (xiv) will run Maillist, Listserv, any form of auto-responder or "spam" on the Site and/or Content, or any processes that run or are activated while you are not logged into the Site, or that otherwise interfere with the proper working of the Site and/or Content (including by placing an unreasonable load on the Site's infrastructure); (xv) assists any third party in engaging in any activity set out in this list above or otherwise prohibited by these Terms of Service; and/or (xvi) enters into any agreement or perform any act which might contravene the purposes and/or effects of these Terms of Service.

C. You represent and warrant that you own or otherwise control all necessary rights in Submissions that you submit, that such Submissions are accurate, that use of the Submissions you submit will not violate or infringe the rights of any third party or violate these Terms of Service (including without limitation this Section 3), that the Submissions you submit will not cause injury to any person or entity; and that you will comply with all applicable laws, rules, and regulations in your use of the Content and the Site, including these Terms of Service.

D. The Operators shall have the absolute right, but not the obligation, to review, edit, or delete any Submission transmitted in any Message Feature, and/or any other Submission, that: (i) violates any term of these Terms of Service (including without limitation any term of this Section 3); and/or (ii) is otherwise illegal, offensive or inappropriate. The decision regarding whether a Submission is offensive or inappropriate shall be within the sole discretion of the Operators. Depending on the nature of the violation, the Operators shall have the sole discretion to terminate your access to the Site at any time. Please be advised that the Operators will fully cooperate with any law enforcement authorities or court order requesting or directing the Operators to disclose personal information of anyone who submits a Submission that violates the foregoing terms in accordance with the Privacy Policy of the Site. Although the Operators may from time to time monitor or review Submissions submitted on or via the Site, the Operators are under no obligation to do so and assume no responsibility or liability that may result from the content of any Submission nor for any error, defamation, libel, slander, omission, falsehood, obscenity, pornography, profanity, danger, or inaccuracy contained therein. Display of any Submission in any Message Feature, or any other use of any Submission, does not constitute approval or endorsement by the Operators.

E. The Operators do not generally pre-screen or approve Submissions posted by users of the Site, and, therefore, do not guarantee the accuracy, quality or integrity of such Submissions. The Operators, in their sole discretion, shall have the right, but not the obligation, to monitor, review, edit, modify, refuse to post, or remove any Submission that is available on the Site for any or no reason, including that any Submission that violates these Terms of Service or is otherwise objectionable. The Operators take no responsibility and assume no liability for any Submission uploaded, transmitted, viewed, accessed or used by you or any third party, or for any mistakes, defamation, libel, slander, falsehoods, omissions, obscenity, pornography or profanity that you may encounter. The Operators are under no obligation to post or use any Submission you may submit. No compensation or other sums will be payable to you or to any other person or entity with respect to any Submission you submit or any posting or use thereof. Any opinions, advice, or recommendations expressed in any Submissions are those of the users providing the same and not those of the Operators.

F. Submissions submitted to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions or the like, are, and will be treated as, non-confidential and nonproprietary. By submitting a Submission to the Site, you acknowledge that any information disclosed by you therein, and any content or material contained therein, (i) may be used by any third party; (ii) is not confidential and may be read or intercepted by others; (iii) creates no confidential, fiduciary, contractually implied or other relationship between you and the Operators other than as expressly set forth in these Terms of Service; and (iv) is subject to the grant of Rights to the Operators described in Section 3.B above.

4. SOLICITED AND UNSOLICITED SUBMISSIONS.

A. Solicited Submissions: At times, the Operators may solicit Submissions from visitors to the Site, including, without limitation, information, ideas, artwork or other materials. It is our practice to post notices on the Site regarding our planned use of such materials where we solicit the Submission. Your submission of a Submission, or your provision of information, in response to such a solicitation is a grant by you to the Operators of the Rights described above. We do not endorse the opinions of, or warrant the accuracy of facts or other content contributed by, any third party. You agree that we are not liable for any action you take or decision you make in reliance on any Content.

B. Unsolicited Submissions: Although we welcome your comments regarding, and your ideas and proposals for, the Site and YES, it is YES's policy not to accept or consider any Submissions that are unsolicited. We hope you will understand that the intent of this policy is to avoid the possibility of future misunderstandings, legal or otherwise, when creative ideas, concepts or materials developed by the Operators might appear to be similar to your Submission(s). Accordingly, we must ask that you do not send us any unsolicited Submissions via the Site or otherwise; we assume no responsibility for reviewing such Submissions and we will not incur any liability as a result of any similarities between your Submissions and future YES designs, products, programs or otherwise. In the event you do submit unsolicited Submissions, such Submissions shall be deemed, and shall remain, the property of YES. As is the case with solicited Submissions, the submission of any unsolicited Submission shall constitute a grant by you to the Operators of the Rights described above.

5. THE ONLINE STORE ("STORE"). The Site may provide a Store that allows you to order products (the "Merchandise") online, supplied by independent merchandise vendors (each, a "Vendor" and, collectively, the "Vendors"). ALL ORDERS ARE SUBJECT TO PRODUCT AVAILABILITY. OPERATORS EXPRESSLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY FOR ANY DAMAGE, LOSS OR INJURY ARISING OUT OF THE ACTIVITIES OF ANY VENDOR OR THE MERCHANDISE OFFERED BY THE VENDORS, ANY LOSS OR INJURY RESULTING FROM YOUR ACCESS OR INABILITY TO ACCESS THE STORES, OR ANY LOSS OR INJURY ARISING OUT OF YOUR PURCHASE OR USE OF THE MERCHANDISE. The Operators reserve the right to modify the price of any Merchandise. The Operators are not responsible for any error in copy or images relating to Merchandise. In order to purchase Merchandise on the Site, you must provide complete and accurate personal information consisting of your name, address, telephone number (e.g., home, work, mobile and/or fax), e-mail address, credit card information, and shipping address. (The Site's Privacy Policy explains how such information may be collected and used.) Your ability to purchase Merchandise is subject to limits established by your credit card issuer. YES may bill your credit card at the time Merchandise is ordered or shipped. Any special order or customized/personalized products will be billed immediately after the order is received. You must pay all amounts accrued in your account, including sales tax and shipping and handling charges, when due. YES may in its sole discretion decline service to or terminate any account. Neither the Vendors nor the Operators are responsible for and may not be held liable for any breaches in transaction security by any third party. Questions relating to the Store, Merchandise and its fulfillment should be directed to the Operators by e-mail to the administrator.

6. VOTES. The Site may offer you opportunities to vote in connection with certain events. By casting a vote, you signify your agreement to all special terms and voting guidelines set forth on the Site applicable to that event as well as in these Terms of Service.

7. LINKS. The following restrictions ("Linkage Restrictions") apply to all links to the Site from any online, cable, wireless or other website, service or browser:

A. Online, cable, wireless or other websites, services, or browsers created by, licensed by, or substantially associated with any entity that regularly promotes any product (e.g., apparel or computers), brand (e.g., Nike or Pepsi), or service (e.g., Internet service providers or ticket sellers) (each, a "Commercial Site" and, collectively, "Commercial Sites") may not link to the Site without the written permission of YES, even if the page/area where the link originates does not promote a product, brand, or service.

B. Websites, services, or browsers other than Commercial Sites (e.g., fan sites, chamber of commerce sites, search engine sites, widely available Internet browsers) (each, a "Permissible Site" and, collectively, "Permissible Sites") may link to the Site without the express written permission of YES if such link is: (i) a "word" (as opposed to a "logo") link (e.g., "YESNETWORK.com," "The Official Site of YES"); and (ii) spatially separated from, and not otherwise associated with, any sponsorship advertising, or other commercial text or graphics that may be on the page/area containing such word link.

C. The YES Network logo, or any other logo of YES, may not be used as or to link to the Site without the express written permission of YES.

D. No link to the Site may be "framed" by the Permissible Site where the link originated if such "frame" contains any sponsorship, advertising, or other commercial text or graphics.

E. All links to the Site from a Permissible Site must be to the Site's home page -- links to internal pages within the Site (e.g., a player page, a photo gallery or a feature article) are not permitted.

F. The posting or creation of any link to the Site signifies that you have read these Linkage Restrictions and agree to abide by their terms.

8. DISCLAIMER OF WARRANTIES AND DAMAGES; LIMITATION OF LIABILITY. While the Operators use reasonable efforts to include accurate and up to date information in the Site, the Operators make no warranties or representations as to its accuracy. The Operators assume no liability or responsibility for any errors or omissions in the content of the Site. The Operators make no representation that the materials contained in the Site are appropriate or authorized for use in all countries, states, provinces, counties, or any other jurisdictions. If you choose to access the Site, you do so on your own initiative and risk and are responsible for compliance with all applicable laws and regulations. THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. ON BEHALF OF THE OPERATORS, TO THE FULLEST EXTENT PERMITTED BY LAW, THE OPERATORS MAKE NO WARRANTIES OTHER THAN THOSE MADE EXPRESSLY IN THIS AGREEMENT. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE OPERATORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE OPERATORS DO NOT WARRANT OR REPRESENT THAT THE INFORMATION CONTAINED IN THE SITE IS ACCURATE, COMPLETE, CORRECTLY SEQUENCED, RELIABLE OR TIMELY, OR THAT THE SITE WILL BE UNINTERRUPTED OR FREE OF ERRORS AND/OR VIRUSES. YOU SPECIFICALLY ACKNOWLEDGE THAT THE OPERATORS ARE NOT LIABLE FOR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF OTHER USERS OF THE SITE OR THIRD PARTIES AND THAT THE RISK OF INJURY FROM THE FOREGOING RESTS ENTIRELY WITH YOU. YOU USE THE SITE AT YOUR SOLE RISK.

UNDER NO CIRCUMSTANCES WILL THE OPERATORS BE LIABLE, INCLUDING, WITHOUT LIMITATION, FOR BREACH OF CONTRACT, TORT OR NEGLIGENCE, FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS) THAT ARISE OUT OF OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERRORS, INACCURACIES, OMISSIONS, DEFECTS, UNTIMELINESS, INTERRUPTION, DELETION, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, OR UNAUTHENTICITY OF ANY CONTENT IN THE SITE, FUNCTIONALITY, RELIABILITY, SEQUENCING, COMPATIBILITY OF THE SITE WITH THE HARDWARE OR SOFTWARE YOU USE, SPEED OF DELIVERY OF THE SITE OR ANY PART OF THE CONTENT, OR THE USE OR INABILITY TO USE THIS SITE OR ANY CONTENT THEREIN. IN NO EVENT SHALL THE OPERATORS AGGREGATE LIABILITY TO YOU FOR ANY LOSS, DAMAGE OR CLAIM RELATED TO OR ARISING OUT OF THIS SITE EXCEED THE TOTAL AMOUNTS PAID BY YOU FOR ACCESSING THIS SITE, IF ANY.

The Site may contain links and pointers to other World Wide Web sites, resources, and advertisers. Links to and from the Site to other sites, maintained by third parties, do not constitute an endorsement by the Operators or any affiliate of any third-party site or content. The Operators are not responsible for the availability of these third-party resources, or their contents. The Operators have not reviewed any or all of the sites linked to the Site and are not responsible for the content of any off-site pages or any other sites linked to the Site. Your linking to the Site, off-site pages or other sites is at your own risk and without the permission of the Operators. By clicking on any such link, you acknowledge that the Site has no control over, and makes no representations of any kind with respect to, such other sites or any content contained within such other sites, and you hereby revoke any claim against the Operators with respect to such other sites. You should direct any concerns regarding any external link to its site administrator or Webmaster. You understand and agree that we have no control over third-party networks you may access in the course of your use of the Site and Content, and therefore, delays and disruption of other network transmissions are completely beyond our control.

Your correspondence or business dealings with, or participation in promotions of, advertisers and vendors found on or through the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such advertiser and/or vendor. You agree that the Operators shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers or vendors on the Site or in connection with the Site. All of your business dealings with vendors and advertisers appearing on or through the Site shall be at your sole risk

9. NOTICE. The Operators may give notice to users of the Site by means of a general notice on the Site, electronic mail to a user's e-mail address if on record, or by written communication sent by first class mail to a user's address if on record. You may give notice to the Operators (such notice shall be deemed given when received) by any of the following means:

Electronic mail: Click here

Letter delivered by first class postage prepaid mail or courier to YES at the following address:

Yankees Entertainment and Sports Network, LLC.
805 Third Avenue, 30th Floor
New York, NY 10022

10. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT. Pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) ("DMCA"), YES has designated to the U.S. Copyright Office an agent to receive notifications of claimed copyright infringement relating to the Site (the "Designated Agent"). All such notifications relating to the Site must be submitted in a manner consistent with the DMCA to the following Designated Agent:

Yankees Entertainment and Sports Network, L.L.C.
805 Third Avenue, 30th Floor
New York, NY 10022

To be effective, the notification must be a written communication that includes the following: (1) a signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (2) identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are claimed to have been infringed, a representative list of such works; (3) identification of the material that is claimed to be infringing or to be the subject of infringing activity, and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material; (4) information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address; (5) a statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (6) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

11. INDEMNIFICATION. You hereby agree to indemnify and hold the Operators and each of their respective members, operators, directors, officers, employees, shareholders, agents, affiliates, and representatives harmless from all claims, liabilities, damages, and expenses (including attorneys' fees and court costs) arising out of or relating to: (i) your use of the Site, including, without limitation, use of any Message Feature or the Store; (ii) any of the Submissions submitted by you; (iii) any breach or alleged breach of these Terms of Service or the Privacy Policy; (iv) your violation of any applicable law, statute, ordinance, regulation, or of any third party's rights; and (v) claims asserted by third parties that, if proven, would place you in breach of representations, warranties, covenants, or other provisions in these Terms of Service. YES may, in its sole and absolute discretion, control the disposition of any claim (and the selection of counsel) at your sole cost and expense. Without limiting the foregoing, you may not settle, compromise, or in any other manner dispose of any claim without the consent of YES.

12. TERMINATION OF SERVICE. The Operators may, in their sole discretion, change, suspend or discontinue any aspect of the Site at any time with or without notice, including the availability of any Site feature, database, or content. The Operators may also cancel your registration password, or impose limits on certain features and services or restrict your access to parts of the Site, or the entire Site, with or without notice, and without liability, at any time, in the Operators' exclusive discretion, without prejudice to any legal or equitable remedies available to the Operators, for any reason or purpose, including, but not limited to, conduct that the Operators believe violates these Terms of Service or other policies or guidelines posted on the Site or conduct which the Operators believe is harmful to other users, to the Operators' respective businesses, or to other information providers. Upon any termination of this agreement, you must immediately discontinue your use of the Site and destroy all materials obtained from it.

13. SOFTWARE. Software and other materials from the Site may also be subject to United States Export Control laws. The United States Export Control laws prohibit the export of certain technical data and software to certain territories. No software from the Site may be downloaded or exported (i) into (or to a national or resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country to which the United States has embargoed goods; or (ii) anyone on the United States Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders. The Operators do not authorize the downloading or exportation of any software or technical data from the Site to any jurisdiction prohibited by the United States Export Laws.

14. CHOICE OF LAW. These Terms of Service shall be construed and controlled by the laws of the State of New York, United States of America. Further, any disputes relating to these Terms of Service or anything contained on the Site will be governed by the laws of the State of New York, United States of America, without regard to its principles of conflicts of laws. Any claim relating to these Terms of Service or the Site shall be exclusively prosecuted in a federal or state court of competent jurisdiction located within the County of New York, State of New York, United States of America, and you hereby consent to the jurisdiction of such court solely for such purposes and you further waive any argument that any such court does not have jurisdiction over such dispute or that venue in any such court is not appropriate or convenient. The Operators will be entitled to recover their court costs and reasonable attorneys' fees and expenses incurred in successfully proving any breach of any term of these Terms of Service.

15. ARBITRATION. PLEASE READ THE FOLLOWING SECTION CAREFULLY. IT REQUIRES YOU TO ARBITRATE DISPUTES WITH YES AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF. THIS SECTION 15 OF THIS AGREEMENT SHALL BE REFERRED TO AS THE "ARBITRATION AGREEMENT."

A. Any and all disputes, claims or controversies arising out of or relating to this Arbitration Agreement, the breach thereof, or any use of the Site ("Claims"), except for claims filed in a small claims court that proceed on an individual (non-class, non-representative) basis, shall be settled by binding arbitration in accordance with American Arbitration Association ("AAA") governing rules and procedures, including the Supplementary Procedures for Consumer-Related Disputes, where applicable. In agreeing to arbitrate all Claims, you and YES waive all rights to a trial by jury in any action or proceeding involving any Claim. This arbitration undertaking is made pursuant to and in connection with a transaction involving interstate commerce, and shall be governed by and construed and interpreted in accordance with the Federal Arbitration Act ("FAA") at 9 U.S.C. Section 1, et seq. If for whatever reason the rules and procedures of the FAA cannot apply, the state law governing arbitration agreements in the state in which you reside shall apply. The parties agree that an award and any judgment confirming it only applies to the arbitration in which it was awarded and cannot be used in any other case except to enforce the award itself. This Arbitration Agreement shall apply, without limitation, to all claims that arose or were asserted before the Effective Date of this Agreement and shall survive termination of your relationship with YES

B. The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any dispute relating to the interpretation, applicability, enforceability or formation of this Arbitration Agreement including, but not limited to any claim that all or any part of this Arbitration Agreement is void or voidable. All disputes regarding the payment of arbitrator or arbitration-organization fees including the timing of such payments and remedies for nonpayment, shall be determined exclusively by an arbitrator, and not by any court. The arbitration will decide the rights and liabilities, if any, of you and YES. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. Subject to the limitations set forth below in this Section, the arbitrator shall have authority to award legal and equitable relief on an individual basis that a judge in a court of law would have, provided that:

  • The arbitrator shall not have authority to award punitive damages unless authorized to do so by statute; and
  • Any and all claims shall be arbitrated on an individual basis only and shall not be consolidated or joined with or in any arbitration or other proceeding involving a Claim of any other party. You and YES agree that the arbitrator shall have no authority to arbitrate any Claim as a class action or in any other form other than on an individual basis
  • The award shall be binding only among the parties and shall have no preclusive effect in any other arbitration or other proceeding involving a different party. The arbitrator shall follow the applicable law. The arbitrator's decision is final and binding on you and YES.

    C. YOU AND YES AGREE TO WAIVE ANY RIGHT TO RESOLVE CLAIMS WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT ON A CLASS, COLLECTIVE, OR REPRESENTATIVE BASIS. ALL CLAIMS AND DISPUTES WITHIN THE SCOPE OF THIS ARBITRATION AGREEMENT MUST BE ARBITRATED ON AN INDIVIDUAL BASIS AND NOT ON A CLASS OR COLLECTIVE BASIS. CLAIMS OF MORE THAN ONE CUSTOMER OR USER CANNOT BE ARBITRATED OR LITIGATED JOINTLY OR CONSOLIDATED WITH THOSE OF ANY OTHER CUSTOMER OR USER. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable with respect to a particular claim or dispute, neither you nor YES is entitled to arbitration of such claim or dispute. Instead, all such claims and disputes will then be resolved in a court as set forth in Section 14. This provision does not prevent you or YES from participating in a class-wide settlement of claims.

    D. To the maximum extent permitted by law, you permanently and irrevocably waive the right to bring any Claim in any forum unless you provide YES with written notice of the event or facts giving rise to the Claim within one (1) year of their occurrence, which should be provided in the manner outlined under Section 9.

    E. Notwithstanding any provision in the Agreement to the contrary, we agree that if YES makes any future material change to this Arbitration Agreement, it will not apply to any individual claim(s) that you had already provided notice of to YES.

    16. MISCELLANEOUS. These Terms of Service constitute the entire agreement between the parties, and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms of Service, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and must not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

    16. ACCEPTANCE OF TERMS OF USE. These Terms of Service constitute the entire agreement between you and the Operators and supersedes all prior and contemporaneous written or oral agreements, proposals or communications with respect to the subject matter herein between you and the Operators. The Operators in their sole discretion may amend these Terms of Service, and your use of the Site after such amendment is posted on the Site will constitute acceptance of it by you. The section headings in these Terms of Service are for convenience only and may not be given any legal import. If any provision of these Terms of Service is held by a court of competent jurisdiction to be unlawful, void, invalid or unenforceable, the remaining provisions shall remain in full force and effect.

    We may assign these Terms of Service in whole or in part at any time without your consent. You may not assign, delegate, or transfer these Terms of Service or your rights or obligations hereunder, or your account, in any way (by operation of law or otherwise), without YES's prior written consent. In the event that YES is acquired by or merges with a third party entity, we reserve the right, in any of these circumstances, to transfer or assign the information we have collected from our users as part of such merger, acquisition, sale, or other change of control. In the unlikely event of our bankruptcy, insolvency, reorganization, receivership, or assignment for the benefit of creditors, or the application of laws, or equitable principles affecting creditors' rights generally, we may not be able to control how your personal information is treated, transferred, or used.

    Our failure or delay to exercise, in any way, any right herein shall not be deemed a waiver of any further rights hereunder. Except as specified in these Terms of Service, YES support staff or other YES employees do not have the authority to amend any of these Terms of Service or to bind YES to any legal or other obligation not already set forth in these Terms of Service.

    17. FORCE MAJEURE. YES will not be liable for failing to perform under this Agreement by the occurrence of any event beyond its reasonable control, including, without limitation, a labor disturbance, an internet outage or interruption of service, a communications outage, failure by a service provider to YES to perform, fire, terrorism, natural disaster, epidemic, pandemic, or war.

    18. ACCEPTANCE OF TERMS OF SERVICE. By using the Site, you affirm that you are either 18 years of age or older or possess legal parental or guardian consent, and are fully able and competent to enter into these Terms of Service and Privacy Policy in their entirety. If you do not agree with the terms included herein, you must not use the Site. YES may change these Terms of Service at any time and in any manner, and your use of the Site after such changes are posted shall be deemed to indicate your acceptance thereto. In any case, you affirm that you are at least 13 years of age, as the Site is not intended for children under 13

    19. CONTACT INFORMATION. If you have questions or comments about these Terms of Service, please contact [email protected]

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