Please read these terms and conditions carefully before using the Yard Machines® website located at yard-machines.com (the “Site”) or any associated services (“Services”). The Site and Services are owned and operated by Yard Machines® LLC (“Yard Machines®,” “we,” “us,” or “our”).
By accessing or using the Site or Services in any manner, you agree that you have read, understand, and agree to be bound by these Terms of Use and our Privacy Policy. If you do not agree to these Terms of Use and our Privacy Policy, then you may not access or use the Site or Services.
Site Access and Use
Age Requirement: You must be at least 16 years old to access or use the Site or Services. If you are under 16, you may not access or use the Site or Services.
Site Access: We grant you a limited, non-exclusive, non-transferable, and revocable license to access and make personal use of the Site and Services. You shall not use the Site or Services for any illegal or unauthorized purpose.
User Accounts: In order to access certain features, you may be required to register and provide certain information. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; and (b) you will maintain the accuracy of such information at all times. You are responsible for maintaining the confidentiality of your login credentials and are fully responsible for all activities that occur under your account. Yard Machines® reserves the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false, or misleading.
Use Restrictions: You agree that you will not:
(a) access or use the Site or Services in any manner that could interfere with, disrupt, negatively affect, or inhibit other users from fully enjoying the Site or Services;
(b) use the Site or Services for any illegal or unauthorized purpose, or engage in any illegal or unauthorized activities through your access to the Site or Services;
(c) access or attempt to access any portion of the Site or Services that you have not been granted access to;
(d) impersonate any person or entity, or falsely claim an affiliation with any person or entity;
(e) forge any TCP/IP packet header or any part of the header information in any email or posting, or otherwise put false information identifying the sender of any email or posting;
(f) attempt to probe, scan, or test the vulnerability of any system, subsystem or network of the Site or Services;
(g) use any robot, bot, spider, scraper, crawler, site search/retrieval application, proxy or other manual or automatic device, method or process to access, retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of the Site or Services;
(h) reverse engineer or disassemble any portion of the Site or Services;
(i) remove or modify any copyright, trademark or other proprietary rights notice on the Site or Services;
(j) use the Site or Services in any manner that violates applicable law or infringes, misappropriates or violates the intellectual property rights or any other rights of anyone else; or
(k) assist or permit any persons in engaging in any of the activities described above.
Intellectual Property Rights
The content on the Site and Services, including without limitation, the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Yard Machines® Content”), are owned by or licensed to Yard Machines®, and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions. Yard Machines® Content is provided to you “as is” for your personal, non-commercial use only. You may not copy, reproduce, distribute, transmit, display, perform, publish, license, create derivative works from, or offer for sale any Yard Machines® Content contained on the Site or Services without the express written authorization of Yard Machines®.
User Content
If you post, upload, input, provide or submit your personal data to us, including without limitation, your name, email address, IP address, cryptocurrency address, text, code or other information and materials, sign up to our mailing list or create an account on the Site or Services (collectively, “User Content”), you must ensure that the User Content provided by you at that or at any other time is true, accurate, up to date and complete. We do not own, control or endorse any User Content transmitted or made available by you or any other user of the Site or Services. You are solely responsible and liable for all your User Content and for your use of any interactive features, links or information or content on the Site or Services, and you represent and warrant that (i) you own all intellectual property rights (or have obtained all necessary permissions) to provide your User Content and to grant the licenses in these terms; (ii) your User Content will not violate any agreements or confidentiality obligations; and (iii) your User Content will not violate, infringe or misappropriate any intellectual property right or other proprietary right, including the right of publicity or privacy, of any person or entity.
You are solely responsible for your interactions with other users of the Site or Services. We reserve the right, but have no obligation, to monitor disputes between you and other users. Yard Machines® shall have no liability for your interactions with other users, or for any user’s action or inaction.
Feedback
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback or other information provided by you to Yard Machines® are non-confidential and shall become the sole property of Yard Machines®. Yard Machines® shall own exclusive rights, including all intellectual property rights, and shall be entitled to the unrestricted use and dissemination of such feedback for any purpose, commercial or otherwise, without acknowledgment or compensation to you.
Copyright Policy
Yard Machines® respects the intellectual property rights of others. If you believe that your copyrighted work has been copied or shared in a way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Purchases and Payments
If you wish to purchase any products or services made available through the Site or Services (“Purchases”), you may be asked to supply certain relevant information, such as your credit card number and its expiration date and your billing address. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) UTILIZED IN CONNECTION WITH ANY PURCHASE. By submitting such information, you grant Yard Machines® the right to provide such information to payment processing third parties for purposes of facilitating the completion of Purchases.
All descriptions of products and services available on the Site or Services are subject to change at any time without notice, at the sole discretion of Yard Machines®. Yard Machines® reserves the right to discontinue any product or service at any time for any reason. Prices for all products and services, including shipping and handling, are subject to change without notice. All Purchases are final, and Yard Machines® does not offer any product refunds or accept any product returns.
Shipping
We will arrange for shipment of any tangible items you Purchase through the Site or Services. Please check the individual Purchases to determine if shipping costs are included. If shipping costs are additional, you will be responsible for paying such shipping costs.
Indemnification
You agree to defend, indemnify and hold harmless Yard Machines® and our affiliates, directors, officers, employees, agents, partners and suppliers from any losses, damages, liabilities, claims, actions, judgments, awards, fines, settlements, taxes, costs and expenses, including reasonable attorneys’ fees and other legal expenses, arising from or relating to: (i) your use or misuse of the Site or Services; (ii) any User Content you provide; (iii) your violation of these Terms of Use; or (iv) your violation of any rights of another party. Yard Machines® reserves the right to assume the exclusive defense and control of any claim subject to indemnification, and in such case, you agree to cooperate with Yard Machines® in defending the claim.
Disclaimer
THE SITE AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY LAW, YARD MACHINES® AND ITS AFFILIATES EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. YARD MACHINES® DOES NOT GUARANTEE CONTINUOUS, UNINTERRUPTED OR SECURE ACCESS TO THE SITE OR SERVICES. YARD MACHINES® MAKES NO WARRANTY THAT THE SITE OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SITE OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
Limitation on Liability
YARD MACHINES® AND ITS AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, LOST PROFITS OR REVENUES, OR COSTS OR EXPENSES OF ANY KIND, ARISING FROM OR RELATED TO THE SITE OR SERVICES OR YOUR USE OR INABILITY TO USE THE SITE OR SERVICES, HOWEVER CAUSED, REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING SIMPLE NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL OR EQUITABLE THEORY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF YARD MACHINES® AND ITS AFFILIATES ARISING FROM OR RELATING TO THE SITE OR SERVICES EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU PAID YARD MACHINES® DURING THE PAST SIX (6) MONTHS PRIOR TO THE CLAIM.
THE LIMITATIONS OF LIABILITY IN THESE TERMS OF USE INURE TO THE BENEFIT OF YARD MACHINES® AND ITS AFFILIATES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL, INCIDENTAL OR SPECIAL DAMAGES, OR THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATION OF LIABILITY TO A CERTAIN EXTENT. AS A RESULT, THE LIMITATIONS OF LIABILITY HEREIN MAY NOT APPLY TO YOU AND YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.
User Claims
You agree to defend, indemnify and hold Yard Machines® and our affiliated companies harmless from any and all claims, liabilities, damages, losses and expenses, including reasonable attorneys’ fees and costs, arising out of: (i) your improper use of the Site or Services; (ii) your breach of these Terms of Use; or (iii) any representation or information you provided that proves to be false or inaccurate. You shall cooperate as fully as reasonable required by Yard Machines® in defense of any such claim.
Governing Law
These Terms of Use and any action related thereto will be governed by the laws of the State of Ohio without regard to its conflicts of laws provisions. The exclusive jurisdiction and venue for actions arising out of or related to these Terms of Use will be the state and federal courts located in Cleveland, Ohio.
Dispute Resolution
Please read this Section 18 (“Arbitration Provision”) carefully. It requires you to arbitrate disputes with Yard Machines® and limits the manner in which you can seek relief. This Arbitration Provision shall survive any termination of your use of the Site or Services.
Mandatory Arbitration of Disputes: You and Yard Machines® agree to resolve any claims relating to these Terms of Use or the Site or Services through final and binding arbitration, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights or the security of the Site or Services, we may seek injunctive or other appropriate relief in any state or federal court in Cleveland, Ohio. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA“) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules“), both of which are available at adr.org or by calling 1-800-778-7879. Your arbitration fees and your share of arbitrator compensation will be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules.
Arbitration Procedures: The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator will make a decision in writing, but need not provide a statement of reasons unless requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in this Arbitration Provision, you and Yard Machines® may litigate in court to compel arbitration, stay proceeding pending arbitration, or confirm, modify, vacate or enter judgment on the award entered by the arbitrator.
No Class Arbitrations, Class Actions or Representative Actions: Any dispute arising out of or related to these Terms of Use is personal to you and Yard Machines® and will not be brought as a class arbitration, class action or any other type of representative proceeding. There will be no class arbitration or arbitration in which an individual attempts to resolve a dispute as a representative of another individual or group of individuals. Further, a dispute cannot be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of any other individual or group of individuals.
Notice; Process: A party who intends to seek arbitration must first send to the other a written Notice of Dispute that includes a written statement that sets forth the name and address of the party seeking arbitration, the specific legal and factual basis of the claim, and the relief requested. The Notice to Yard Machines® should be sent to Yard Machines® LLC, Attn: Legal Department, 123 Any Street, Cleveland, Ohio 44106. The Notice must be sent by certified mail, return receipt requested. All other notices regarding the arbitration may be delivered electronically. The arbitration shall be governed by the Federal Arbitration Act and administered by the AAA.
Severability: With the exception of any of the provisions in Section 18(e) (“No Class Arbitrations, Class Actions or Representative Actions“), if an arbitrator or court decides that any part of this Arbitration Provision is invalid or unenforceable, the other parts of this Arbitration Provision shall still apply.
Opt-Out Rights: IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AND CLASS ACTION WAIVER PROVISIONS, YOU MUST NOTIFY YARD MACHINES® IN WRITING WITHIN 30 DAYS FROM THE DATE THAT YOU ACCEPT THESE TERMS OF USE. YOUR WRITTEN NOTIFICATION MUST BE MAILED TO YARD MACHINES® LLC, ATTN: LEGAL DEPARTMENT, 123 ANY STREET, CLEVELAND, OHIO 44106. YOUR WRITTEN NOTIFICATION MUST INCLUDE (1) YOUR NAME, (2) YOUR ADDRESS, (3) YOUR PHONE NUMBER, AND (4) A CLEAR STATEMENT THAT YOU DO NOT WISH TO RESOLVE DISPUTES WITH YARD MACHINES® THROUGH ARBITRATION.
Modification of Terms
Yard Machines® may, in its sole discretion, modify these Terms of Use at any time by posting the amended terms on the Site or otherwise providing notice to you. It is your responsibility to periodically review the Terms of Use. You will be bound by the revised Terms of Use if you continue to use the Site or Services after such modifications. If you do not agree to the amended terms, you may not access or use the Site or Services.
Termination
Yard Machines® may terminate your use of or block access to the Site and Services in whole or part, without notice, at our sole discretion. We reserve the right to discontinue the Site and Services at any time without notice. You may cease use of the Site and Services at any time. Upon any termination, your right to use the Site and Services will immediately cease. You agree Yard Machines® will not be liable to you or any third party for any termination of your access to the Site and Services. All provisions which should by their nature survive termination shall survive termination, including without limitation, disclaimers, indemnities, releases, limitations on liability, and choice of law provisions.
Assignment
Yard Machines® may assign our rights and obligations under these Terms of Use in whole or part to any party at any time without any notice. These Terms of Use shall be binding upon assignees. You may not assign your rights and obligations under these Terms of Use.
No Waiver
The failure of Yard Machines® to exercise or enforce any right or provision in these Terms of Use shall not constitute a waiver of such right or provision. Any waiver of a condition set forth in these Terms of Use by Yard Machines® shall not be deemed a further continuing waiver or a waiver of any other condition.
Contact Information
If you have any questions about these Terms of Use or the Site or Services, please contact us at:
Yard Machines® LLC
123 Any Street
Cleveland, OH 44106
[email protected]
