TERMS AND CONDITIONS
YCS® Group, LLC (“YCS”) owns and operates mobile applications, including YCS’s proprietary iGiftback® Mobile Application (patent pending), and also licenses technology for mobile applications used by third parties (each, whether owned and operated by YCS or licensed by YCS, being a “YCS Mobile Application”). These Terms and Conditions of Use (hereinafter, these “Terms and Conditions” or this “End User Agreement”) apply to your use of any YCS Mobile Application.
BY USING THIS YCS MOBILE APPLICATION, YOU (THE “USER”) ACCEPTS AND AGREES TO THESE TERMS AND CONDITIONS, AS THEY MAY BE REVISED FROM TIME TO TIME. THESE TERMS AND CONDITIONS CONSTITUTE A BINDING AGREEMENT BETWEEN USER AND YCS AND GOVERN USER’S USE OF THE YCS MOBILE APPLICATION.
IN ORDER TO DOWNLOAD AND/OR ACCESS AND/OR USE THE YCS MOBILE APPLICATION, THE USER MUST FIRST ACCEPT THESE TERMS AND CONDITIONS. BY DOWNLOADING, INSTALLING OR USING THIS YCS MOBILE APPLICATION, USER ACKNOWLEDGES AND AGREES TO BE BOUND BY THESE TERMS AND CONDITIONS.
IF USER DOES NOT AGREE TO ANY OF THESE TERMS AND CONDITIONS, USER MUST IMMEDIATELY TERMINATE, REMOVE AND DELETE THE YCS MOBILE APPLICATION AND DISCONTINUE USE OF THE YCS MOBILE APPLICATION. YOUR CONTINUED USE OF THE YCS MOBILE APPLICATION SIGNIFIES YOUR CONTINUED ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND CONDITIONS AND ANY CHANGES TO THEM.
Age Restrictions
Only individuals thirteen (13) years of age or older may use this YCS Mobile Application, subject to the restrictions contained herein.
If you are less than thirteen (13) years of age and have attempted to install any YCS Mobile Application, you must immediately terminate, remove and delete the YCS Mobile
Application from any device on which you have installed it and discontinue its use. YCS reserves the right to terminate, immediately and without notice, access to and use of any YCS Mobile Application by any user that YCS discovers to be younger than thirteen (13) years of age.
If you are thirteen (13) years of age or older but younger than eighteen (18) years of age (a “Supervised User”), you must review these Terms and Conditions with your parent or legal guardian to ensure that your parent or legal guardian (1) understands these Terms and Conditions and (2) acknowledges and agrees to be bound with you by these Terms and Conditions. If a Supervised User’s parent or legal guardian does not acknowledge and agree to be bound by these Terms and Conditions, the Supervised User must immediately remove all YCS Mobile Applications from any device on which the Supervised User previously installed such YCS Mobile Applications and must discontinue use of any YCS Mobile Application.
Incorporation
With respect to YCS’s proprietary iGiftback Mobile Application and any other proprietary YCS Mobile Application owned and operated by YCS, these Terms and Conditions incorporate and supplement policies, terms and conditions of YCS (available at http://ycsGroupllc.com), including without limitation the following:
YCS Website Terms of Service (available at http://ycsGroupllc.com/terms-of-service/); and
YCS Group Privacy Policy (available at http://ycsGroupllc.com/privacy-policy).
You understand and acknowledge that YCS may license its YCS Mobile Application to certain third parties such as educational, fundraising, nonprofit, civic, alumni, commercial, or other similar organizations (collectively, a “Licensee”) as part of a membership subscription between YCS and a Licensee (a “Subscription Membership”). You further understand that under any Subscription Membership, it is the responsibility of the Licensee, as an “Authorizing Entity”, to provision you, as a User, with access to the YCS Mobile Application, in consultation with YCS. Accordingly, you understand and agree that your use of the YCS Mobile Application may be subject to the additional terms and conditions of your Authorizing Entity and it is up to the Authorizing Entity, not YCS, to make such terms and conditions available to you as a User. We encourage you to carefully review your Authorizing Entity’s terms and conditions for use of the YCS Mobile Application.
In addition, these Terms and Conditions incorporate and supplement Apple, Inc.’s (“Apple”) Terms and Conditions (available at http://www.apple.com/legal/internet-services/itunes/us/terms.html).
You should familiarize yourself with these policies, terms and conditions, and must comply with their requirements. If any provisions in any of the above-listed policies, terms and conditions conflict with these Terms and Conditions, these Terms and
Conditions will control with respect to User’s use of any YCS Mobile Application, solely to the extent such conflicting provisions apply to the YCS Mobile Application. The location and provisions of the above-listed policies, terms and conditions may change from time to time.
YCS uses Google Analytics to collect, measure, evaluate and analyze traffic on and usage of YCS websites, YCS Mobile Applications, and the products and services offered via YCS websites and YCS Mobile Applications. In order to perform this tracking and analysis, information obtained from User will be shared with and collected, stored and used by Google Inc. (“Google”). Any collection, storage or use by Google of User’s information is subject to Google’s Privacy Policy (available at http://www.google.com/intl/en/policies/privacy/), the Google Analytics Terms of Service (available at http://www.google.com/analytics/terms/us.html), and the Google Terms of Service (available at http://www.google.com/intl/en/policies/terms/). User is encouraged to review Google’s policies to understand Google’s use of User’s information.
End-User License
Subject to these Terms and Conditions, YCS hereby grants the User a personal, non-exclusive, non-transferable, non-sublicensable, limited and revocable license to use this YCS Mobile Application for personal and/or non-commercial use only on an Apple iPhone, Apple iPad, Apple iPod, or Android smartphone (each, an “Approved Device”) owned or controlled by the User as permitted by applicable usage rules, terms and conditions for the Approved Device and in accordance with these Terms and Conditions (the “End-User License”). Any use of the YCS Mobile Application in any other manner, including without limitation resale, transfer, sublicensing, renting, leasing, lending, modification or distribution of the YCS Mobile Application or of any text, pictures, music, bar codes, video, data, hyperlinks, displays or other content (other than User-Created Content) associated with the YCS Mobile Application (collectively, “Content”), is prohibited. User shall not modify, adapt, translate, reverse engineer, decompile, disassemble, alter, or attempt to discover the source code of, this or any other YCS Mobile Application or any update or any part thereof. These Terms and Conditions and the End-User License also govern any updates, upgrades or supplements to, or replacements for, the YCS Mobile Application, unless separate terms accompany such updates, upgrades, supplements or replacements, in which case those separate terms will apply.
Information About You, the User of the YCS Mobile Application
Some features of the YCS Mobile Application and YCS websites, including without limitation registration, ordering and billing features for access to and use of the YCS Mobile Application and/or a YCS website, access to participating merchant promotional discounts, giveaways, deals, or offers (collectively, the “Offer”), and merchant identification and locator features, may use, maintain or transmit User’s personal information (including without limitation user names, passwords, email, mailing, billing and shipping addresses, location information, credit card and other financial information,
and information for and from third-party participating merchants providing Offers in connection with YCS products and services) (collectively, “User Information”). By acknowledging and agreeing to these Terms and Conditions, and/or by downloading and/or using any YCS Mobile Application or accessing any YCS website, User consents to the transmission of User Information to YCS, including its agents, third-party service providers and vendors, and third-party participating merchants, and consents to YCS and its agents, third-party service providers and vendors, and third-party participating merchants receiving, collecting, storing, processing, transmitting, and using User Information for purposes of enabling or enhancing the functionality of YCS Mobile Applications and YCS websites, for billing and collection purposes, and for the purposes described in the YCS Group Privacy Policy.
Notwithstanding any other provision of these Terms and Conditions, User is solely responsible for maintaining the confidentiality and security of User Information sent from User’s mobile device or stored on User’s mobile device by the YCS Mobile Application and/or a YCS website. User is solely responsible for all transactions and activities (whether authorized or unauthorized) undertaken in User’s name and/or with User’s device, computer or login credentials by anyone or anything using any YCS Mobile Application or any YCS website registered in User’s name or any other service or product offered to User in connection with the YCS Mobile Application or a YCS website. User agrees to notify YCS immediately of any suspected unauthorized transaction(s) associated with any YCS Mobile Application or YCS website or any other suspected breach of security involving the YCS Mobile Application or any YCS website. YCS shall not be responsible for any loss arising from the theft, misappropriation, disclosure or misuse of User Information in connection with unauthorized or fraudulent transactions related to the YCS Mobile Application or any YCS website. User shall be solely responsible for taking precautions to safeguard User Information stored on User’s mobile device, including without limitation use of passwords and other protective features.
User’s Consent to Collection, Sharing, Storage and Use of User’s Personal Information
YCS uses Google Analytics to collect and evaluate data on who uses the YCS Mobile Applications and YCS websites, on what devices and where they come from, how end users use the YCS Mobile Applications and YCS websites, how the YCS Mobile Applications and YCS websites are performing and any issues with their performance, and to help identify ways to improve the YCS Mobile Applications and YCS websites to make Users’ use of the YCS Mobile Applications and YCS websites more enjoyable and convenient. In order to provide these analytical services, Google may collect personal identifying information of the User. Google installs a Google Analytics Tracking Code on YCS Mobile Applications and YCS websites for the purpose of collecting data on user activity and sending those data to Google Analytics for evaluation. These tracking devices collect, use, share and store data about User. User is encouraged to visit Google’s website, at www.google.com/policies/privacy/partners, to learn more about how Google Analytics collects and processes user data.
The collection, sharing, analysis and use of this information are subject to Google’s Privacy Policy, which may be found at http://www.google.com/intl/en/policies/privacy/. By acknowledging and agreeing to these Terms and Conditions, and by downloading and/or using any YCS Mobile Application or accessing any YCS website, (1) User expressly consents to YCS’s sharing of User’s information with Google and Google Analytics, and (2) User expressly consents to Google’s collection, storage and use of User’s information. YCS is not responsible for any use by Google or any other third-party of any data about User. User should review Google’s policies to understand Google’s use of User’s data.
User-Created Content
User may generate written or other content while using a YCS Mobile Application or YCS website (such content being “User-Created Content”). User acknowledges and agrees that YCS may use, store, archive, reproduce, display, modify, delete from, add to, enhance, adapt, publish, distribute, and prepare derivative works from any User-Created Content (for example, in marketing and promotional materials and on any YCS website or mobile application). User grants YCS and its successors and assigns a worldwide, irrevocable, freely transferable, sublicensable, fully-paid, royalty-free, non-exclusive license to use, store, archive, reproduce, display, modify, delete from, add to, enhance, adapt, publish, distribute, and prepare derivative works from User-Created Content for any purpose. User further acknowledges and agrees that User is solely responsible for the creation and development of User-Created Content.
Prohibited Uses
This YCS Mobile Application is intended to provide Users with a convenient, mobile portal, using their Approved Devices, to obtain access to Offers by participating merchants. The scope of User’s permitted use of the YCS Mobile Application is limited to that functionality. The YCS Mobile Application shall not be used in any way that:
is unlawful, fraudulent or deceptive;
uses technology or other means to access unauthorized content or non-public spaces;
uses or launches any automated system or process (including without limitation “bots,” “robots,” “spiders,” “crawlers,” or “offline readers”) to access unauthorized content or non-public spaces;
attempts or is intended to introduce viruses or any other harmful computer code, file or program that interrupts, impairs, destroys or limits the functionality of any computer software, hardware, system or network or telecommunications or other equipment;
attempts or is intended to damage, disable, injure, overburden or impair servers or networks used by YCS or others;
attempts or is intended to gain unauthorized access to any computer network, server or system owned, controlled or used by YCS or others;
attempts or is intended to obtain unauthorized access to any other user’s or customer’s account(s) with YCS;
facilitates, encourages or promotes conduct that would result in criminal or civil liability;
violates these Terms and Conditions (including without limitation any of the policies, terms and conditions incorporated by reference in these Terms and Conditions) in any manner;
republishes, redistributes, re-transmits, or creates derivative works from any Content;
copies, reproduces or stores any Content other than for User’s own personal, non-commercial use and as may occur incidentally in the normal course of use of User’s Approved Device;
attempts or is intended to remove, modify or change any Content;
attempts or is intended to license or sell any Content or any information obtained on or through this or any other YCS Mobile Application or any YCS website;
fails to comply with any applicable policies, terms or conditions of any third-party (including without limitation Apple and Google);
harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other person (including but not limited to rights of publicity and other proprietary or personal rights);
infringes, violates, misuses or misappropriates the intellectual property rights or other proprietary or property rights of any other person; or
Otherwise violates, contravenes, or subverts any restriction or prohibition of a Licensee, as an Authorizing Entity, applicable to you as a User.
YCS reserves the right, in its sole discretion, to terminate any End-User License, remove any Content or User-Created Content, assist law enforcement in prosecuting any criminal offense, or assert or assist in any civil or criminal legal action relating to any Content or User-Created Content or use of this or any other YCS Mobile Application or any YCS
website, that YCS reasonably believes does or might violate applicable law or any of these Terms and Conditions.
Apple
User acknowledges and agrees that:
this End User Agreement consisting of these Terms and Conditions is concluded between YCS and User, and not with Apple. YCS and/or its Licensee is solely responsible for the YCS Mobile Application and the content thereof;
Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the YCS Mobile Application;
although these Terms and Conditions are entered into between YCS and User (and not Apple), Apple and Apple’s subsidiaries are third-party beneficiaries under these Terms and Conditions and will have the right (and will be deemed to have accepted the right) to enforce these Terms and Conditions against User as third-party beneficiaries thereof;
YCS and/or its Licensee, not Apple, is responsible for addressing any claims of the User or any third-party relating to the YCS Mobile Application or the User’s possession and/or use of the YCS Mobile Application, including but not limited to: (1) product liability claims; (2) any claim that the YCS Mobile Application fails to conform to any applicable legal or regulatory requirement; and (3) claims arising under consumer protection or similar legislation; and
in the event of any claim by a third-party that the YCS Mobile Application or the User’s possession or use of the YCS Mobile Application infringes that third-party’s intellectual property rights, YCS and/or its Licensee (and not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such intellectual property infringement claim.
User represents and warrants that:
User is not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and
User is not listed on any U.S. Government list of prohibited or restricted parties.
In the event of any failure of the YCS Mobile Application to conform to any applicable warranty, User may notify Apple, and Apple will refund the purchase price for the YCS Mobile Application to User; but Apple, to the maximum extent permitted by applicable law, does not give or enter into any other warranty obligation whatsoever with respect to the YCS Mobile Application. Apple does not give or enter into any warranty, condition,
or other term in relation to the YCS Mobile Application and will not be liable to User for any claims, losses, liabilities, damages, costs, or expenses of whatever nature attributable to any failure to conform to any warranty.
Representations, Warranties, Covenants and Agreements
In addition to the foregoing, User represents, warrants, covenants and agrees that:
User possesses authority to create a binding legal obligation.
User’s use of the YCS Mobile Application will at all times comply with these Terms and Conditions.
User has the right to provide any and all information that User submits via this or any other YCS Mobile Application or any YCS website, and all such information is accurate, true, correct, current and complete.
Access to the YCS Mobile Application
It is User’s responsibility to ensure User’s Approved Device meets all necessary technical specifications to enable User to access and use the YCS Mobile Application. In this regard, User understands and acknowledges that if User is using an Android device, the YCS Mobile Application requires the current version or one of the two immediately preceding versions of the Android OS operating system (the “Compatible Android OS Versions”) to operate, and if User is using an Apple device, the YCS Mobile Application requires the current version or the immediately preceding version of the Apple iOS operating system (the “Compatible Apple iOS Versions”) to operate. Android devices that do not run a Compatible Android OS Version, Apple devices that do not run a Compatible Apple iOS Version, and other devices running any other operating system, will not support the YCS Mobile Application.
Cancellation and Refund Policy
User may cancel the YCS Mobile Application at any time by simply terminating, removing, deleting and discontinuing use of the YCS Mobile Application. With respect to any refund, the following refund policy shall apply:
i. Refund Through YCS:
Where YCS makes available its YCS Mobile Application to a user directly, a User may cancel a particular Offer acquired through the YCS Mobile Application and receive a full cash refund of User’s purchase price for the Offer so long as (1) User provides notice that it is cancelling and returning the Offer by email to YCS® customer support [info@ycsGroupllc.com] within seven (7) calendar days following User’s purchase of the Offer and (2) the Offer has not been used or redeemed prior to User cancelling and returning the Offer and (3) User deletes and removes the Offer from User’s device. User
must include in his or her cancellation notice relevant identifying information (such as the name and email address of merchant) associated with the Offer and/or any receipt received by User for his or her purchase. User will continue to be responsible for payment for any other products or services obtained by User that User does not cancel and return in the manner described in this paragraph.
ii. Refund Through Licensee:
Where User is provisioned with access to the YCS Mobile Application through a Licensee, YCS makes available no refunds to such User who cancels, deletes, removes, or otherwise ceases use of the YCS Mobile Application or terminates the End User License Agreement, nor does YCS make available any refunds for any Offer purchased by a User. User acknowledges and agrees that any refund that may be available in connection with the User’s use of the YCS Mobile Application and/or acceptance of the End User License Agreement, including without limitation, consumption of Content, purchase of Offers through the YCS Mobile Application, or use of the YCS Website, will be made available, if at all, through the Licensee, as an Authorizing Entity, to which your access to the YCS Mobile Application was provisioned as part of a Subscription Membership.
Except as otherwise provided in this Cancellation and Refund Policy, YCS reserves the right to issue refunds or credits at YCS’s sole discretion. If YCS issues a refund or credit, YCS is under no obligation to issue the same or similar refund or credit in the future.
YCS reserves the right to make changes to its products and services at any time. If YCS temporarily reduces or eliminates any charge for content, access, products or services that the User is currently paying under different terms, the User will not be entitled to a refund. If any or all of YCS’s digital products become temporarily unavailable, User will not receive a refund.
YCS reserves the right to suspend or terminate User’s access to this or any other YCS Mobile Application, any YCS website, or any other product or service made available via any YCS Mobile Application or YCS website for any reason, with or without notice and without further obligation. User will not be entitled to a refund or credit in such circumstances.
It is User’s responsibility to familiarize himself or herself with YCS’s Cancellation and Refund Policy. By downloading the YCS Mobile Application and purchasing or acquiring Offers via the YCS Mobile Application, the User acknowledges that he or she has read and understands, and agrees with and fully accepts the terms of, this Cancellation and Refund Policy. If User does not agree with or fully accept the terms of YCS’s Cancellation and Refund Policy, YCS asks that the User not place an order with us.
Indemnification
User agrees to indemnify, defend and hold harmless YCS, its affiliated companies, and their respective employees, contractors, officers, directors, representatives, agents, partners, subsidiaries, and anyone involved in developing, creating or providing this or any other YCS Mobile Application, any YCS website or any Content (each an “Indemnified Party”), from and against any and all claims, demands, losses, causes of action, suits, liability, damages, fines, penalties, costs and expenses (including but not limited to attorney’s fees) (collectively, “Claims”), incurred by an Indemnified Party arising out of or related to:
(i) the User’s use or misuse of the YCS Mobile Application, any other YCS mobile application, any YCS website, or any YCS product or service;
(ii) the User’s violation of these Terms and Conditions (including without limitation any of the policies, terms and conditions incorporated by reference in these Terms and Conditions) or any terms, conditions or policies of Apple or Google;
(iii) the User’s negligence;
(iv) the User’s violation or alleged violation of any rights of any third-party including a Licensee;
(v) any information (including but not limited to User Information or User-Created Content) submitted or otherwise provided by the User to YCS or any other Indemnified Party, or that the User transmits or otherwise makes available using the YCS Mobile Application, any other YCS mobile application, or any YCS website;
(vi) any dispute, litigation, claim or lawsuit between an Indemnified Party and a third-party, including a Licensee, caused by or arising out of User’s conduct, actions, or omissions; and
(vii) any Claim relating to any User-Created Content.
To the fullest extent permitted by law, the foregoing indemnification obligations will apply regardless of any fault, negligence or alleged breach of contract by YCS and/or any other Indemnified Party.
The User acknowledges and agrees that the User is responsible for all use of this or any other YCS Mobile Application or any YCS website using the User’s account and/or the User’s password or login credentials and/or the User’s computer, system, phone, or mobile device, and that these Terms and Conditions apply to any and all such uses.
The User agrees to comply with these Terms and Conditions and to indemnify, defend and hold harmless YCS and the other Indemnified Parties from and against any and all
Claims arising from any use of the User’s account, password, login credentials, or computer, system, phone, or mobile device, whether or not such use is expressly authorized by the User.
These indemnification obligations will survive any termination of the User’s relationship with YCS or the User’s use of the YCS Mobile Application or of any products or services of YCS.
YCS reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which event the User will cooperate in asserting any available defenses.
Disclaimer of Warranties
YCS IS PROVIDING THE YCS MOBILE APPLICATION, AS WELL AS THE PRODUCTS AND SERVICES OFFERED BY WAY OF THE YCS MOBILE APPLICATION AND ALL INFORMATION, CONTENT, MATERIALS AND OTHER PRODUCTS AND SERVICES INCLUDED OR OFFERED OR OTHERWISE MADE AVAILABLE BY YCS THROUGH THE YCS MOBILE APPLICATION, TO THE USER ON AN “AS IS”/“WITH ALL FAULTS” AND “AS AVAILABLE” BASIS. THE USER ACKNOWLEDGES AND AGREES THAT THE USER IS USING THE YCS MOBILE APPLICATION AT HIS OR HER SOLE RISK. THE USER FURTHER ACKNOWLEDGES AND AGREES THAT THE USER IS SOLELY RESPONSIBLE FOR ANY DAMAGE TO HIS OR HER COMPUTER, MOBILE DEVICE, PHONE, NETWORK OR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE USER’S DOWNLOADING OR ACCESSING OF THE YCS MOBILE APPLICATION OR ANY SUCH MATERIAL. THE YCS MOBILE APPLICATION, AND ALL INFORMATION PROVIDED THROUGH THE YCS MOBILE APPLICATION, IS SUBJECT TO CHANGE WITHOUT NOTICE.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YCS DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING WITHOUT LIMITATION ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT THE YCS MOBILE APPLICATION OR ANY YCS WEBSITE, OR ANY INFORMATION, CONTENT, MATERIALS, PRODUCT OR SERVICE PROVIDED BY OR OBTAINED USING THE YCS MOBILE APPLICATION OR ANY YCS WEBSITE, IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE, USE OR NEED, FREE FROM INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, FREE OF DEFECTS OR ERRORS, ABLE TO OPERATE ON AN UNINTERRUPTED BASIS, THAT THE USER’S USE OF THE YCS MOBILE APPLICATION OR ANY YCS WEBSITE COMPLIES WITH APPLICABLE LAWS, THAT USER INFORMATION TRANSMITTED USING OR IN CONNECTION WITH THE YCS MOBILE APPLICATION OR ANY YCS WEBSITE (INCLUDING WITHOUT LIMITATION AS PART OF ITS ONLINE PAYMENT FEATURE) WILL
BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED, OR THAT ANY DEFECTS IN THE YCS MOBILE APPLICATION OR ANY YCS WEBSITE WILL BE CORRECTED.
YCS MAKES NO REPRESENTATION OR WARRANTY THAT ANY PRODUCT, SERVICE, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED BY THE USER USING THE YCS MOBILE APPLICATION OR ANY YCS WEBSITE WILL MEET THE USER’S EXPECTATIONS.
YCS DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY (INCLUDING, WITHOUT LIMITATION, APPLE, GOOGLE OR ANY LICENSEE) IN CONNECTION WITH OR RELATED TO THE USER’S USE OF THE YCS MOBILE APPLICATION OR ANY YCS WEBSITE. YCS DISCLAIMS ANY AND ALL LIABILITY FOR ANY PRODUCT OR SERVICE OF A PARTICIPATING MERCHANT, ANY ACTION OR INACTION OF A PARTICIPATING MERCHANT (INCLUDING WITHOUT LIMITATION ANY PARTICIPATING MERCHANT’S FAILURE TO COMPLY WITH TERMS OF ANY OFFER OR TO COMPLY WITH APPLICABLE LAW), AND ANY CONDUCT OR SPEECH (WHETHER ONLINE OR OFFLINE) OF ANY OTHER USER, ANY PARTICIPATING MERCHANT, ANY LICENSEE OR ANY OTHER THIRD-PARTY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YCS NOR ITS AFFILIATED COMPANIES NOR THEIR RESPECTIVE EMPLOYEES, CONTRACTORS, OFFICERS, DIRECTORS, REPRESENTATIVES, AGENTS, PARTNERS, SUBSIDIARIES, OR ANYONE INVOLVED IN DEVELOPING, CREATING OR PROVIDING ANY YCS MOBILE APPLICATION, ANY YCS WEBSITE OR ANY CONTENT (COLLECTIVELY, “ASSOCIATES”) SHALL BE LIABLE TO THE USER (i) WITH RESPECT TO THE USE OF THE YCS MOBILE APPLICATION, ANY OTHER YCS MOBILE APPLICATION, ANY YCS WEBSITE, OR ANY YCS PRODUCT OR SERVICE, OR ANY INFORMATION, CONTENT, MATERIALS, DATA, OR OTHER PRODUCTS OR SERVICES INCLUDED ON, PROVIDED, OR OTHERWISE MADE AVAILABLE TO THE USER THROUGH THE YCS MOBILE APPLICATION, ANY OTHER YCS MOBILE APPLICATION, ANY YCS WEBSITE, OR ANY YCS PRODUCT OR SERVICE, OR (ii) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF USER INFORMATION, THE USER’S INABILITY TO USE THE YCS MOBILE APPLICATION OR ANY OTHER YCS MOBILE APPLICATION OR ANY YCS WEBSITE OR ANY YCS PRODUCT OR SERVICE, OR DEVICE FAILURE OR MALFUNCTION, EVEN IF YCS AND/OR SUCH ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. THE USER’S SOLE REMEDY IS TO CEASE USE OF THE YCS MOBILE APPLICATION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL
THE AGGREGATE LIABILITY OF YCS AND ITS ASSOCIATES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY OF LIABILITY, ARISING OUT OF OR RELATING TO THE USE OF OR INABILITY TO USE THE YCS MOBILE APPLICATION EXCEED ANY COMPENSATION PAID BY THE USER TO YCS FOR ACCESS TO OR USE OF THE YCS MOBILE APPLICATION DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH AN ALLEGATION OF LIABILITY.
NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THE YCS MOBILE APPLICATION OR THESE TERMS AND CONDITIONS MAY BE BROUGHT BY THE USER MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH CAUSE OF ACTION.
Governing Law
These Terms and Conditions, their interpretation, validity and effect, are governed by and shall be construed and interpreted in accordance with the laws of the State of Missouri (without giving effect to its conflict of laws principles). User irrevocably consents and submits to the exclusive jurisdiction of the federal and/or state courts situated in Clay County, Missouri for purposes of any legal action arising out of or related to these Terms and Conditions or the use of the YCS Mobile Application, any other YCS mobile application, any YCS website, or any YCS product or service. User agrees that he or she shall not raise, and hereby waives, any defense based upon venue, inconvenience of forum, or lack of personal jurisdiction in any such legal action.
No Waiver
No delay or failure by YCS to enforce any of these Terms and Conditions at any time shall in any way affect, limit or waive any of YCS’s rights thereafter to enforce and compel strict compliance with every one of these Terms and Conditions whether for past or future actions on the part of any person. Neither the receipt nor acceptance by YCS of any funds nor the reliance of any person on YCS’s actions shall be deemed to constitute a waiver of any part of these Terms and Conditions.
Modification or Termination of the YCS Mobile Application and/or these Terms and Conditions
YCS reserves the right, in its sole discretion, at any time and without notice, to change or modify from time to time and/or terminate the YCS Mobile Application, these Terms and Conditions or any other YCS policies, terms and conditions related to the YCS Mobile Application. Continued use of the YCS Mobile Application following any such change constitutes the User’s agreement to follow and be bound by these Terms and Conditions and such policies, terms and conditions, as changed.
In addition, YCS reserves the right, in its sole discretion, at any time and without notice, to: (1) modify, suspend or terminate operation of or access to the YCS Mobile
Application, any other YCS mobile application, and/or any YCS website for any reason; and (2) interrupt the operation of the YCS Mobile Application, any other YCS mobile application, and/or any YCS website as necessary to perform routine or non-routine maintenance, correct errors, or make other changes that YCS considers appropriate in its sole discretion.
If User is dissatisfied with the YCS Mobile Application or any YCS policies, terms, conditions, products or services at any time, User’s sole and exclusive remedy is to cease using the YCS Mobile Application and/or such products and/or services. YCS reserves the right, in its sole discretion, to terminate or suspend User’s access to any YCS website, this or any other YCS Mobile Application, or any YCS products or services at any time.
Third-Party Beneficiaries
The User acknowledges and agrees that YCS’s service providers, licensors, and/or others involved in developing, creating or providing this or any other YCS Mobile Application, any YCS website or any Content are third-party beneficiaries of this End User Agreement and may rely on the provisions of these Terms and Conditions, including but not limited to the provisions relating to indemnification, disclaimer of warranties, and limitation on liability.
Logos, Slogans, Trademarks and Other Content
Your City Sampler, YCS, iGiftback, and other YCS trademarks, service marks, graphics, logos, slogans, and brand names used in connection with the YCS Mobile Application, any YCS website or mobile application, and the YCS products and services, are the trademarks or registered trademarks of YCS (the “YCS Marks”). Other trademarks, service marks, graphics, logos, slogans, and brand names used in connection with the YCS Mobile Application, any YCS website or mobile application, and the YCS products and services, are the trademarks of their respective owners (collectively, the “Merchant Marks”). None of the YCS Marks or the Merchant Marks may be copied, imitated or used, in whole or in part, without the express prior written permission of YCS and/or any other applicable trademark holder. The YCS Mobile Application, the YCS websites, and the Content are protected by copyright, trademark, patent, and trade secret laws, international treaties, and other proprietary rights, and contain security components that protect digital information only as authorized by YCS or the Content owner. The YCS Mobile Application and the Content may only be used as and to the extent expressly permitted by these Terms and Conditions.
Export Controls
User may not use, download, export or re-export the YCS Mobile Application outside the United States. Without limitation, the YCS Mobile Application may not be (a) used, downloaded, exported or re-exported into any U.S. embargoed countries or (b) used or downloaded by, or exported or re-exported to, anyone on the U.S. Department of the Treasury “Specially Designated Nationals List” or the U.S. Department of Commerce
“Denied Persons List” or “Entity List.” By using the YCS Mobile Application, the User represents and warrants that he/she is not located in any such country and does not appear on, nor is affiliated with anyone who appears on, any of these lists. User further agrees that he/she will not use the YCS Mobile Application for any purpose or in any manner that is prohibited by U.S. law.
Severability
If any provision of these Terms and Conditions is held by a tribunal of competent jurisdiction to be illegal, invalid or otherwise unenforceable, then to the fullest extent permitted by law: (i) that provision shall be deemed severable from these Terms and Conditions, all other parts of these Terms and Conditions shall remain valid and enforceable, and the invalidity or unenforceability of the allegedly defective provision shall not invalidate or render unenforceable any other part of these Terms and Conditions; and (ii) the allegedly defective provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render it enforceable while preserving to the fullest extent possible the intent of the provision; and (iii) such finding of invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of such provision in any other jurisdiction.
Contacting YCS
User’s questions, complaints, or claims should be directed to YCS by email to info@ycsGroupllc.com or by telephone at 816-569-0135. User may also write to YCS at:
YCS Group, LLC
105 E. 5th Street, Suite 401
Kansas City, MO 64106