ScheduleYA and YipDeals Terms

PLEASE READ THESE TERMS OF USE ("AGREEMENT" OR "TERMS OF USE") CAREFULLY BEFORE USING THE WEBSITE AND SERVICES OFFERED BY YIPPEEO LLC, INC. ("YIPPEEO LLC", www.ScheduleYA.com, www.YipDeals.com ). THIS AGREEMENT SETS FORTH THE LEGALLY BINDING TERMS AND CONDITIONS FOR YOUR USE OF THE WEBSITE AT HTTP://WWW.SCHEDULEYA.COM, or HTTP://WWW.YIPDEALS.COM. (THE "SITE's") AND ALL SERVICES PROVIDED BY YIPPEEO LLC ON THE SITE's.
By using the Site's in any manner, including but not limited to visiting or browsing the Site's, you (the "user" or "you") agree to be bound by this Agreement, including those additional terms and conditions and policies referenced herein and/or available by hyperlink. This Agreement applies to all users of the Site's, including without limitation users who are buyers, vendors, customers, merchants, charities, contributors of content, information and other materials or services on the Site.
Right to Refuse Service: YippeeO LLC's services are not available to temporarily or indefinitely suspended YippeeO LLC members. YippeeO LLC reserves the right, in YippeeO LLC's sole discretion, to cancel unconfirmed or inactive accounts. YippeeO LLC reserves the right to refuse service to anyone, for any reason, at any time.
If you have any questions, please refer to the Help section of the Site.

These Terms of Use are organized as follows:

  1. YippeeO LLC Provides www.ScheduleYA.com as a Service and www.YipDeals.com as a Venue
  2. Membership
  3. Prohibited, Questionable and Infringing Items and Activities
  4. General Terms: Users

1. YippeeO LLC Provides www.ScheduleYA.com as a Service and www.YipDeals.com as a Venue

YippeeO LLC acts as a venue to allow users who comply with YippeeO LLC's policies to offer, sell and buy certain goods and service within a fixed-price, or variable-price format. YippeeO LLC is not directly involved in the transaction between buyers and sellers. As a result, YippeeO LLC has no control over the quality, safety, morality or legality of any aspect of the items listed, the truth or accuracy of the listings, the ability of sellers to sell items or the ability of buyers to pay for items. YippeeO LLC does not pre-screen providers or users or the content or information provided by users. YippeeO LLC cannot ensure that a buyer or seller will actually complete a transaction.

Consequently, YippeeO LLC does not transfer legal ownership of items from the seller to the buyer. YippeeO LLC cannot guarantee the true identity, age, and nationality of a user. YippeeO LLC encourages you to communicate directly with potential transaction partners through the tools available on the Site. You agree that YippeeO LLC is a venue and as such is not responsible or liable for any content, for example, data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links posted by you, other users, or outside parties on YippeeO LLC. You use the YippeeO LLC service at your own risk.

YippeeO LLC offers ScheduleYA as an online local community building service where people can connect when seeking or providing useful products or services. In addition, ScheduleYA enables management of appointments, history and ongoing relationship building tools, all in one place (collectively, the "Services"), through our website located at www.ScheduleYA.com (the "Site’s" or “ScheduleYA”).

YippeeO LLC and the Site’s may contain links to other websites. Please be aware that we are not responsible for the practices, privacy policies or the content of such third-party websites. We encourage our users to read the terms of service and privacy statements of each and every website they visit. The ability to access information of third-parties from YipDeals or ScheduleYA, or links to other websites or locations, is for your convenience and does not signify our endorsement of such third-parties, their products, their services, other websites, locations or their content. By using YippeeO LLC Sites you expressly relieve us from any and all liability arising from your use of any third party website.

2. Membership

Your permission to use the Sites and/or Services is conditioned upon your agreement that you:

  • Are 18 years of age or older;
  • Will comply with these Terms;
  • Are able to form a binding contract with us;
  • Are not prohibited by law from accessing our Sites and/or Services or have not previously been banned, terminated or otherwise denied access to our Sites and/or Services by us;
  • Are not acting on behalf of a person whose access to our Sites and/or Services has been previously terminated or otherwise denied by us;
  • Will not impersonate another user of the Sites and/or Services.

Your Account

You will need to register by creating an account (“An Account”) with ScheduleYA.com or YipDeals.com in order to obtain access to certain Products or Services, including StoreFRont’s, Deals and Appointments. If you choose to create an Account, you agree to provide only accurate, complete registration information, and you will keep that information up-to-date if it changes. When you register, you will obtain unique log-in credentials (a “User ID”). Access to the ScheduleYA YipDeals Site’s and Services is not authorized by any other person or entity using your User ID and you are responsible for preventing such unauthorized use. Individuals and entities whose privilege to access the Site or use the Services has previously been terminated by YippeeO LLC may not register for an Account, nor may you designate any of those individuals to use your Account on your behalf.

YippeeO LLC relies on User IDs to know whether users accessing the Site and using our Services are authorized to do so. If someone accesses our Site or Services using a User ID that we have issued to you, we will rely on that User ID and will assume that access has been made by you. You are solely responsible for any and all access to the Site or use of the Services by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.

ScheduleYA Users and Service Professionals - How It Works

The ScheduleYA Service is a communications platform for enabling the connection between individuals and/or businesses (“Customers”) seeking to obtain local services from Professionals and/or Businesses (“Professional”, “Business”) seeking to provide Services. Customers and Professionals/Businesses together are hereinafter referred to as "Users." Those services requested by Customers, which are to be completed by the Professionals or Businesses are hereinafter referred to as "Services." Professionals and Businesses create StoreFront’s which provide information about their Services including available hours and descriptions of their capabilities.

Users of the ScheduleYA Service contract for Services directly with other Users. YippeeO LLC will not be a party to any contracts for Services. YippeeO LLC facilitates these contracts by supplying a free medium for the exchange of contact details and in some cases, transfers money on behalf of the Users. With certain ScheduleYA Paid Premium Plans, advance payment to Professionals/Businesses may be processed at the end of a completed transaction. “Customers” may offer advance payments to secure appointments for Services. For more information on Paid Premium Plan fee’s click; ScheduleYA Fee’s.

Rules for Service Professionals, Businesses and Merchant’s

Subject to any exceptions set forth in these Terms of Use or Additional Policies, if any, service professionals shall not: (a) list Services or offers relating to any Service that is inappropriate to the Service they are offering; (b) misrepresent the location at which they will provide a Service; (c) include brand names or other inappropriate keywords in their Storefront, Offer, Deal, Feedback, Profile or any other title or description relating to a Service; (d) use misleading titles that do not accurately describe the Service; or (e) include any information in their Profile that is fraudulent.

YipDeals Buyers - How it Works

By placing an order for a given Deal, you are agreeing to purchase the Deal you have selected on the terms, restrictions and conditions associated with the Deal. Once you have placed your order, you will receive a confirmation of the Deal and your credit card or other payment mechanism will be charged for the amount of the Deal by the Merchant. You will be notified by email when the Voucher for the Deal is ready to be used, in general, not until the day following purchase. You are required to create an Account in order to purchase any Deal so we can collect information to allow you to pay for your Deals and so we can provide you with easy access to print your Deals, view your past purchases and modify your preferences.

Deal Value and The "Fine Print"

In addition to the terms set forth herein, each Deal comes with its own set of restrictions, terms and conditions (collectively, the “Fine Print,” whether or not they are expressly labeled as such on a Voucher). The Fine Print may restrict things such as when or where You can redeem a Voucher, as well as other Deal-specific limitations, so always read carefully. Most Vouchers combine two separate portions that make up the Deal: (i) a paid portion equal to the amount you paid for the Deal (the "Paid Portion"); and (ii) at no additional charge to you, a time-sensitive promotional portion for the balance of the value of the Deal if used by the promotional expiration date on the Voucher (the "Promotional Portion").

Vouchers

Unless otherwise stated on the Voucher or required by law, the following additional terms apply to all Vouchers:

  • Vouchers must be redeemed in their entirety in one visit to a Merchant.
  • For vouchers that may be redeemed over several visits, purchases will be allocated first against the Paid Portion until there is a zero balance and then against the Promotional Portion that is remaining.
  • Vouchers are not redeemable for cash.
  • Use of a Voucher for alcoholic beverages is at the sole discretion of the Merchant in accordance with applicable law.
  • Vouchers cannot be combined with any other coupons or promotions.
  • Vouchers cannot be used for taxes, tips, prior balances and/or shipping or handling, as applicable.
  • Neither the Merchant nor YippeeO LLC is responsible for lost or stolen Vouchers or Voucher reference numbers.
  • Duplicate use, sale or trade of a Voucher is prohibited.
  • Unless otherwise stated in the Fine Print, the Voucher price does not include sales, value-added or use taxes, which may be charged to you separately by the Merchant at the time you redeem the Voucher.

Expiration Dates

The Promotional Portion of the Voucher will always expire on the date printed on the Voucher. If the Merchant is in a state where it is permissible for the Paid Portion to expire, the Paid Portion of the Voucher WILL NEVER EXPIRE.

Date-Specific Deals

Sometimes Merchants will offer Deals that are date-specific, such as a Deal for a ticketed event or a Deal where you select a specific day to stay at a hotel ("Date-Specific Deal"). Usually this means that the Voucher can only be redeemed on a single date or that you might have to choose from a list of available dates before you buy a Voucher. In either case, the date you select will be identified on the Voucher, and you can only redeem the Voucher on this specified date. Both the Paid Portion and the Promotional Portion expire on the date specified on the Voucher. You may not reschedule a Date-Specific Deal for another date or time for any reason. No full or partial refunds are given to customers who fail to redeem a Date-Specific Deal on the date specified on the Voucher. If for some reason the Date-Specific Deal is canceled or rescheduled by the Merchant, the Merchant is responsible for posting notice on their website prior to such cancelation or rescheduling.

Refunds

Except as explicitly stated otherwise in the terms of a specific Deal, if You change your mind about purchasing a Deal, contact the Merchant directly through the information provided on the Deal Page or Voucher within 7 days of Your purchase and they should refund the Paid Portion of any unredeemed Voucher to Your purchasing credit/debit card or other payment mechanism. Refunds and refund policies are at the sole discretion of the Merchant. YippeeO LLC is a venue, is not a party to the transaction, and will not refund any portion of any purchase at any time.

We do want you to be happy with your YipDeals experience. If You have trouble redeeming Your Voucher for any reason, please provide feedback via your account so that the Merchant can resolve your issue.

Merchant is the Issuer

The Merchant is the issuer of the Voucher and is solely responsible for redeeming the Voucher. The Merchant is also solely responsible for all goods and services it provides to you and for any and all injuries, illnesses, damages, claims, liabilities and costs it may cause you to suffer, directly or indirectly, in full or in part, whether related to the use or redemption of a Voucher or not, as well as for any unclaimed property liability arising from unredeemed or partially redeemed Vouchers. Unless otherwise indicated in a Deal or other offer, YippeeO LLC is solely the Deal Venue of the Merchant’s goods or services, and may from time to time engage third parties or affiliates to administer Voucher management on behalf of Merchants. You hereby irrevocably waive all rights related to, and release YippeeO LLC and its subsidiaries, affiliates, partners, officers, directors, employees and agents from, any liabilities arising from or related to any act or omission of a Merchant in connection with your use of a Voucher or the products and/or services it provides in connection with it.

Deal Availability

Some Deals are not available for purchase beyond certain geographical and jurisdictional boundaries. YippeeO LLC reserves the right, in its sole discretion, to exclude or otherwise limit the provision of a Voucher, the Sites, the Services or any other product or service. YippeeO LLC does not represent or warrant that any product or service promoted on the Site will be available for purchase by any particular person. Some Deals are limited in number. Any attempt by you to obtain more than the permitted number of Vouchers specified for a particular Deal, including, without limitation, using multiple or different identities, credit cards, forms, registrations or addresses, will void your purchase and may subject your Account to termination. Whether purchase characteristics constitute an attempt to violate our rules shall be determined at our sole discretion.

Pricing Information

Merchants display discounts on their Deal Pages in connection with each Deal. These discounts are calculated based upon certain pricing information provided solely by Merchants, which may include the retail price suggested by the manufacturer, supplier or the Merchant, or an estimated price based on standard industry practice. Since the pricing information on which they base their discounts may vary, any discount information that they display may or may not be representative of the prevailing discount in every area or on any particular day.

Buyer: While YippeeO LLC does not determine specific Deal Terms, there are general terms that must be applied to all Deals and Vouchers. You will provided with opportunities to purchase certain products and services (each a "Deal," and collectively, "Deals") from third-party merchants (the "Merchants"), except as otherwise expressly identified, using a time-limited promotional voucher exchangeable for Merchant goods and services (a "Voucher"). The promotion of each Deal works as a form of advertisement for the Merchant on the Venue YipDeals.com. By purchasing, printing, accepting, using or attempting to use any Voucher, the you ("The Buyer") agree to these Terms, the fine print identified in the Deal copy (defined below) and/or any additional deal-specific terms related to the Deal at the time of purchase. These Terms apply to all Vouchers, unless the Fine Print on a particular Voucher states otherwise, and except as otherwise required by law. In the event of a conflict between these Terms and the Fine Print on a Voucher, the Fine Print will control, except to the extent prohibited by applicable law.

Age: YippeeO LLC's services are available only to, and may only be used by, individuals who are 18 years and older who can form legally binding contracts under applicable law. You represent and warrant that you are at least 18 years old and that all registration information you submit is accurate and truthful. YippeeO LLC may, in its sole discretion, refuse to offer access to or use of the Site to any person or entity and change its eligibility criteria at any time. This provision is void where prohibited by law and the right to access the Site is revoked in such jurisdictions. Individuals under the age of 18 must at all times use YippeeO LLC's services only in conjunction with and under the supervision of a parent or legal guardian who is at least 18 years of age. In this all cases, the adult is the user and is responsible for any and all activities.

Compliance: You agree to comply with all local laws regarding online conduct and acceptable content. You are responsible for all applicable taxes, refunds, redemptions and general terms of your "Offer". In addition, you must abide by YippeeO LLC's policies as stated in the Agreement and the YippeeO LLC policy documents listed below (if applicable to your activities on or use of the Site) as well as all other operating rules, policies and procedures that may be published from time to time on the Site by YippeeO LLC, each of which is incorporated herein by reference and each of which may be updated by YippeeO LLC from time to time without notice to you:

In addition, some services offered through the Site may be subject to additional terms and conditions promulgated by YippeeO LLC from time to time; your use of such services is subject to those additional terms and conditions, which are incorporated into this Agreement by this reference.

Password: Keep your password secure. You are fully responsible for all activity, liability and damage resulting from your failure to maintain password confidentiality. You agree to immediately notify YippeeO LLC of any unauthorized use of your password or any breach of security. You also agree that YippeeO LLC cannot and will not be liable for any loss or damage arising from your failure to keep your password secure. You agree not to provide your username and password information in combination to any other party other than YippeeO LLC without YippeeO LLC's express written permission.

Account Information: You must keep your account information up-to-date and accurate at all times, including a valid email address. To sell items on YippeeO LLC you must provide and maintain valid payment information such as valid credit card information or a valid PayPal account.

Account Transfer: You may not transfer or sell your YippeeO LLC account and User ID to another party. If you are registering as a business entity, you personally guarantee that you have the authority to bind the entity to this Agreement.

Right to Refuse Service: YippeeO LLC's services are not available to temporarily or indefinitely suspended YippeeO LLC members. YippeeO LLC reserves the right, in YippeeO LLC's sole discretion, to cancel unconfirmed or inactive accounts. YippeeO LLC reserves the right to refuse service to anyone, for any reason, at any time.

Merchant Fees, Services, Deals and Local Marketing Consultant's

Joining and setting up a YipDeals Account with YippeeO LLC is free. YippeeO LLC charges a percentage of the sales price of each voucher sold, as a “ venue fee” for listing vouchers for sale on the YipDeals Platform. Merchant is solely responsible for all transaction fees, taxes and other fees as required by local jurisdictions. Merchant’s may choose to designate an Independent Local Marketing Consultant (“LMC”) to act on its behalf, and takes sole responsibility for their conduct and professionalism. Merchant acknowledges and agrees that should it choose to have an LMC represent its interests, it does so completely on its own accord and takes full responsibility for the actions of their LMC. The Merchant may choose to have their LMC create their account on YippeeO LLC, however the Merchant must agree to the Terms And Conditions, and cannot delegate this responsibility to another. If an LMC ID Number is on file with that Merchant as their representative, Merchant understands and agrees they are giving express privileges to their LMC for the creation and publishing of deals, unless otherwise stated. LMC’s on file in the Merchant account when a deal “Goes Live”, receive a 12% “Account Management Fee”, which will be deducted from the proceeds as each Voucher is sold. When you, or an LMC acting on your behalf, create your Deal, you will have an opportunity to review (Proof) and Approve the Deal. It is mandatory that each deal be approved by the Merchant or their representative (LMC) before it can be published. Merchant is solely responsible for the conduct and business dealings on its behalf by any LMC. YippeeO is not a party to any relationship between the Merchant and the LMC. YippeeO LLC's Fee’s Policy, which is subject to change, is incorporated into this Agreement by reference. Changes to the Fees Policy and the fees for YippeeO LLC's services are effective after YippeeO LLC provides you with at least fourteen (14) days' notice by posting the changes on the Site. However, YippeeO LLC may choose to temporarily change the Fee’s Policy and the fees for YippeeO LLC's services for promotional events (for example, free listing days); such changes are effective when YippeeO LLC posts the temporary promotional event on the Site. YippeeO LLC may, at YippeeO LLC's sole discretion, change some or all of YippeeO LLC's services at any time. In the event YippeeO LLC introduces a new service, the fees for that service are effective at the launch of the service. Unless otherwise stated, all fees are quoted in US Dollars (USD). You are responsible for paying all fees and applicable taxes associated with using YippeeO LLC. YippeeO LLC keeps accepted payment information on file in the event a reconciliation is need to true up any deficiencies in your account.

By Joining and setting up a Merchant Account, a StoreFront Page (“SFP”) is also created and published on the YippeeO LLC Platform for Free. Optionally, there are Premium Services available on ScheduleYA for appointment and marketing related services made available through use of the SFP’s. Monthly subscriptions may be purchased from within the Professional/Business/Merchant Account.

Fees and Termination: If YippeeO LLC terminates a Deal or your account, if you close your account, or if the payment of your YippeeO LLC fees cannot be completed for any reason, you remain obligated to pay YippeeO LLC for all unpaid fees plus any penalties, if applicable. If the seller's account is not paid in full and becomes past due, the seller risks penalties such as the suspension of privileges and/or termination of the account and other collection mechanisms (including retaining collection agencies and legal counsel). If you have a question or wish to dispute a charge, contact YippeeO LLC.

Deals and Selling

Deal Description: By listing a Deal for sale on the YipDeals Site you warrant that you, and all aspects of the products or services, comply with YippeeO LLC's published policies. You also warrant that you may legally sell the products and services. You must accurately describe your Offer and all Terms Of Sale on your Deal. Your Deals may only include text descriptions, graphics, pictures and other content relevant to the sale of that product or service. All items must be listed in an appropriate category. Each Deal must accurately and completely describe the products or services for sale in that Deal. Once you have proofed and approved a Deal to be published on YipDeals.com, you may not alter the terms of that Deal, and you must honor the each Voucher purchased with the all of terms you provided, including ("The Fine Print") as a legally binding contract between you and the Buyer. For example; If you offer to sell a maximum amount of "Vouchers" for that Deal, you cannot reduce that number after the Deal has been published.

Voucher Values

Vouchers have two separate values: (a) the amount paid and (b) the promotional value. The promotional value is the additional value beyond the amount paid.

For vouchers, the promotional value will EXPIRE on the date specified in the offer, unless prohibited by law. The amount paid WILL NEVER EXPIRE and must continue to be honored by the merchant after the promotional value expires. The amount paid may be applied toward any goods or services offered by the merchant if the promotion is no longer available. Promotional value can't be combined with other offers. Doesn't cover tax or gratuity. Not reloadable. Fully transferable.

Merchant Policies: All Merchants are urged to outline their policies in the Deal Description, throughout the Deal Page and also in the "Fine Print" section of the Deal. These policies may include, for example, shipping, returns, payment and selling policies. Merchant Sellers must create reasonable policies in good faith and must abide by such policies. All policies must comply with YippeeO LLC's site-wide policies. Merchants are responsible for enforcing their own reasonable policies. YippeeO LLC reserves the right to request that a Merchant modify a policy.

Binding Sale: All sales are binding. The merchant seller is obligated to perform, supply, or ship the order or otherwise complete the transaction with the buyer in a prompt manner, unless there is an exceptional circumstance, such as: (a) the buyer fails to meet the terms of the seller's listing (such as payment method), or (b) the seller cannot authenticate the buyer's identity. The buyer is obligated to deliver appropriate payment for items purchased, unless there is an exceptional circumstance.

Fee Avoidance: The price stated in each Deal and Deal Introduction must be an accurate representation of the sale. Merchants may charge reasonable shipping and handling fees to cover the costs for packaging and mailing the items, if shipping is required. Merchants may not charge excessive shipping fees or otherwise avoid fees. You may not alter the item's price after a sale for the purpose of avoiding YippeeO LLC transaction fees, misrepresent the item's location, or use another user's account without permission.

3. Prohibited, Questionable and Infringing Items and Activities

You are solely responsible for your conduct and activities on and regarding to YippeeO LLC and any and all data, text, information, usernames, graphics, images, photographs, profiles, audio, video, items, and links (together, "Content") that you submit, post, and display on YippeeO LLC.

Restricted Activities: Your Content and your use of YippeeO LLC shall not:

  • Be false, inaccurate or misleading
  • Be fraudulent or involve the sale of illegal, counterfeit or stolen items
  • Infringe upon any third-party's copyright, patent, trademark, trade secret or other proprietary or intellectual property rights or rights of publicity or privacy (see also, YippeeO LLC's Copyright and Intellectual Property Policy)
  • Violate this Agreement, any site policy or community guidelines, or any applicable law, statute, ordinance or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination or false advertising)
  • Contain items that have been identified by the U.S. Consumer Products Safety Commission (CPSC) as hazardous to consumers and therefore subject to a recall
  • Be defamatory, trade libelous, unlawfully threatening, unlawfully harassing, impersonate or intimidate any person (including YippeeO LLC staff or other users), or falsely state or otherwise misrepresent your affiliation with any person, through for example, the use of similar email address, nicknames, or creation of false account(s) or any other method or device
  • Be obscene or contain child pornography
  • Contain or transmit any code of a destructive nature that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information
  • Host images not part of a listing
  • Modify, adapt or hack YippeeO LLC or modify another website so as to falsely imply that it is associated with YippeeO LLC;
  • Appear to create liability for YippeeO LLC or cause YippeeO LLC to lose (in whole or in part) the services of YippeeO LLC's ISPs or other suppliers
  • Link directly or indirectly, reference or contain descriptions of goods or services that are prohibited under this Agreement, the Privacy Policy, or other policy documents as posted on YippeeO LLC.

Furthermore, you may not list any item on YippeeO LLC (or consummate any transaction that was initiated using YippeeO LLC's service) that, by paying to YippeeO LLC the listing fee or the final value fee, could cause YippeeO LLC to violate any applicable law, statute, ordinance or regulation, or that violates the Terms of Use.

Content

License: YippeeO LLC does not claim ownership rights in your Content. Merchant is responsible for all art, text, graphics and images it places on the YipDeals platform and expressly agrees that it has the copyright and trademark permissions to use or re-use content on the YippeeO LLC Platform. Merchant also grants YippeeO LLC a license solely to enable YippeeO LLC to use any information or Content you supply YippeeO LLC with, so that YippeeO LLC is not violating any rights you might have in that Content. You grant YippeeO LLC a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple tiers) right to exercise the copyright, publicity, and database rights (but no other rights) you have in the Content, in any media now known or not currently known, with respect to your Content. You agree to allow YippeeO LLC to store or re-format your Content on YippeeO LLC and display your Content on YippeeO LLC in any way as YippeeO LLC chooses. YippeeO LLC will only use personal information in accordance with YippeeO LLC's Privacy Policy.

As part of a transaction, you may obtain personal information, including email address and shipping information, from another YippeeO LLC user. Without obtaining prior permission from the other user, this personal information shall only be used for that transaction or for YippeeO LLC-related communications. YippeeO LLC has not granted you a license to use the information for unsolicited commercial messages. Without limiting the foregoing, without express consent from the user, you are not licensed to add any YippeeO LLC user to your email or physical mail list. For more information, see YippeeO LLC's Privacy Policy.

Re-Posting Content: By posting Content on YippeeO LLC, it is possible for an outside website or a third party to re-post that Content. You agree to hold YippeeO LLC harmless for any dispute concerning this use. If you choose to display your own YippeeO LLC-hosted image on another website, the image must provide a link back to its listing page on YippeeO LLC.

Idea Submissions: YippeeO LLC considers any unsolicited suggestions, ideas, proposals or other material submitted to it by users via the Site or otherwise (other than the Content and the tangible items sold on the Site by users) (collectively, the "Material") to be non-confidential and non-proprietary, and YippeeO LLC shall not be liable for the disclosure or use of such Material. If, at YippeeO LLC's request, any member sends Material to improve the site (for example through the Forums or to customer support), YippeeO LLC will also consider that Material to be non-confidential and non-proprietary and YippeeO LLC will not be liable for use or disclosure of the Material. Any communication by you to YippeeO LLC is subject to this Agreement. You hereby grant and agree to grant YippeeO LLC, under all of your rights in the Material, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sublicensable and transferable right and license to incorporate, use, publish and exploit such Material for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the API, documentation, or any product or service, without compensation or accounting to you and without further recourse by you.

4. General Terms: Users

Information Control: YippeeO LLC does not control the Content provided by users that is made available on YippeeO LLC. You may find some Content to be offensive, harmful, inaccurate, or deceptive. There are also risks of dealing with underage persons or people acting under false pretense.

Additionally, there may also be risks dealing with international trade and foreign nationals. By using YippeeO LLC, you agree to accept such risks and that YippeeO LLC (and YippeeO LLC's officers, directors, agents, subsidiaries, joint ventures and employees) is not responsible for any and all acts or omissions of users on YippeeO LLC. Please use caution, common sense, and practice safe buying and selling when using YippeeO LLC.

Other Resources: YippeeO LLC is not responsible for the availability of outside websites or resources linked to or referenced on the Site. YippeeO LLC does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such websites or resources. You agree that YippeeO LLC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or resources.

Resolution of Disputes and Release

Any dispute arising from or relating to the subject matter of this Agreement shall be finally settled by arbitration in Fairfax County, Virginia, using the English language in accordance with the Arbitration Rules and Procedures of Judicial Arbitration and Mediation Services, Inc. ("JAMS") then in effect, by one commercial arbitrator with substantial experience in resolving intellectual property and commercial contract disputes, who shall be selected from the appropriate list of JAMS arbitrators in accordance with the Arbitration Rules and Procedures of JAMS. The prevailing party in any arbitration or other proceeding arising under this Agreement shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys' fees, expert witness fees and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for judicial acceptance of any award and an order of enforcement, as the case may be. Notwithstanding the foregoing, each party shall have the right to institute an action in a court of proper jurisdiction for injunctive or other equitable relief pending a final decision by the arbitrator. For all purposes of this Agreement, the parties consent to exclusive jurisdiction and venue in the United States Federal Courts or state courts located in the District Court located in Fairfax Virginia. Use of the Site is not authorized in any jurisdiction that does not give effect to all provisions of the Agreement, including without limitation, this section. You and YippeeO LLC agree that any cause of action arising out of or related to the Site (including, but not limited to, any services provided or made available therein) or this Agreement must commence within one (1) year after the cause of action arose; otherwise, such cause of action is permanently barred.

Should you have a dispute with one or more users, or an outside party, you release YippeeO LLC (and YippeeO LLC's officers, directors, agents, subsidiaries, joint ventures and employees) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. YippeeO LLC encourages users to report user-to-user disputes to your local law enforcement, postmaster general, or a certified mediation or arbitration entity, as applicable.

YippeeO LLC, for the benefit of users, may try to help users resolve disputes. YippeeO LLC does so in YippeeO LLC's sole discretion, and YippeeO LLC has no obligation to resolve disputes between users or between users and outside parties. To the extent that YippeeO LLC attempts to resolve a dispute, YippeeO LLC will do so in good faith based solely on YippeeO LLC's policies. YippeeO LLC will not make judgments regarding legal issues or claims.

YippeeO LLC's Intellectual Property

YIPPEEO LLC, YipDeals.com, and other YippeeO LLC graphics, logos, designs, page headers, button icons, scripts, and service names are registered trademarks, trademarks or trade dress of YippeeO LLC, Inc. in the U.S. and/or other countries. YippeeO LLC's trademarks and trade dress may not be used, including as part of trademarks and/or as part of domain names or email addresses, in connection with any product or service in any manner that is likely to cause confusion.

Access and Interference

YippeeO LLC may contain robot exclusion headers which contain internal rules for software usage. Much of the information on YippeeO LLC is updated on a real-time basis and is proprietary or is licensed to YippeeO LLC by YippeeO LLC's users or third-parties. You agree that you will not use any robot, spider, scraper or other automated means to access YippeeO LLC for any purpose whatsoever, except to the extent expressly permitted by and in compliance with YippeeO LLC's API Terms of Use or otherwise without YippeeO LLC's prior express written permission. Additionally, you agree that you will not:

  1. Take any action that imposes, or may impose, in YippeeO LLC's sole discretion, an unreasonable or disproportionately large load on YippeeO LLC's infrastructure
  2. Copy, reproduce, modify, create derivative works from, distribute or publicly display any user Content (except for your Content) or other allowed uses as set out in from the Site except to the extent expressly permitted by and in compliance with YippeeO LLC's API Terms of Use or otherwise without the prior express written permission of YippeeO LLC and the appropriate third party, as applicable
  3. Interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site
  4. Bypass YippeeO LLC's robot exclusion headers or other measures YippeeO LLC may use to prevent or restrict access to YippeeO LLC

Breach

Without limiting any other remedies, YippeeO LLC may, without notice, and without refunding any fees, delay or immediately remove Content, warn YippeeO LLC's community of a user's actions, issue a warning to a user, temporarily suspend a user, temporarily or indefinitely suspend a user's account privileges, terminate a user's account, prohibit access to the Site, and take technical and legal steps to keep a user off the Site and refuse to provide services to a user if any of the following apply:

YippeeO LLC suspects (by information, investigation, conviction, settlement, insurance or escrow investigation, or otherwise) a user has breached this Agreement, the Privacy Policy, or other policy documents and community guidelines incorporated herein; YippeeO LLC is unable to verify or authenticate any of your personal information or Content; or YippeeO LLC believes that a user is acting inconsistently with the letter or spirit of YippeeO LLC's policies, has engaged in improper or fraudulent activity in connection with YippeeO LLC or the actions may cause legal liability or financial loss to YippeeO LLC's users or to YippeeO LLC.

Privacy

Except as provided in YippeeO LLC's Privacy Policy YippeeO LLC will not sell or disclose your personal information (as defined in the Privacy Policy to third parties without your explicit consent. YippeeO LLC stores and processes Content on computers located in the United States that are protected by physical as well as technological security.

No Warranty

YIPPEEO LLC, YIPPEEO LLC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND YIPPEEO LLC'S SUPPLIERS PROVIDE YIPPEEO LLC'S WEB SITE AND SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS, IMPLIED OR STATUTORY. YIPPEEO LLC, YIPPEEO LLC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES AND YIPPEEO LLC'S SUPPLIERS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, PERFORMANCE, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. IN ADDITION, NO ADVICE OR INFORMATION (ORAL OR WRITTEN) OBTAINED BY YOU FROM YIPPEEO LLC SHALL CREATE ANY WARRANTY. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

Liability Limit

IN NO EVENT SHALL YIPPEEO LLC, AND (AS APPLICABLE) YIPPEEO LLC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES OR YIPPEEO LLC'S SUPPLIERS BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE, YIPPEEO LLC'S SERVICES, OR THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, LOST PROFITS, BODILY INJURY, EMOTIONAL DISTRESS, OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES.

YIPPEEO LLC'S LIABILITY, AND (AS APPLICABLE) THE LIABILITY OF YIPPEEO LLC'S SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AND SUPPLIERS, TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO YIPPEEO LLC IN THE 12 MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY, AND (B) $100. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.

Indemnity

YOU AGREE TO INDEMNIFY AND HOLD YIPPEEO LLC AND (AS APPLICABLE) YIPPEEO LLC'S PARENT, SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, OR YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY.

No Guarantee

YippeeO LLC does not guarantee continuous, uninterrupted access to the Site, and operation of the Site may be interfered with by numerous factors outside YippeeO LLC's control.

Severability

If any provision of this Agreement is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of this Agreement shall remain in full force and effect.

No Agency

You and YippeeO LLC are independent contractors, and no agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by this Agreement.

YippeeO LLC Service

YippeeO LLC reserves the right to modify or terminate the YippeeO LLC service for any reason, without notice, at any time. YippeeO LLC reserves the right to alter these Terms of Use or other Site policies at any time, so please review the policies frequently. If YippeeO LLC makes a material change YippeeO LLC will notify you here, by email, by means of a notice on our home page, or other places YippeeO LLC deems appropriate. What constitutes a "material change" will be determined at YippeeO LLC's sole discretion, in good faith, and using common sense and reasonable judgment.

Choice of Law

This Agreement shall in all respects be interpreted and construed with and by the laws of the State of Virginia, excluding its conflicts of laws rules, and the United States of America.

Termination

YippeeO LLC may terminate these Terms of Use at any time. Without limiting the foregoing, YippeeO LLC shall have the right to immediately terminate or suspend any of your passwords or accounts in the event YippeeO LLC considers, in its sole discretion, any of your conduct to be unacceptable, or in the event you breach this Agreement. Notwithstanding the above, these Terms of Use will survive termination of this Agreement.

If you want to terminate your legal Agreement with YippeeO LLC, you may do so by: (A) notifying YippeeO at help@YipDeals.com or (B) closing your Accounts for all of the Services that you use.

YippeeO LLC may, at any time, terminate this Agreement with you if: (i) You have breached any provision of this Agreement or you do not comply with the Agreement; (ii) YippeeO LLC is required by law to do so; (iii) the partner with whom YippeeO LLC has offered the Services to you has terminated its relationship with YippeeO LLC or ceased to offer the Services to you; (iv) YippeeO LLC no longer provides Services in the country in which you reside; or (v) YippeeO LLC determines that the provision of Services to you is no longer commercially viable. Notwithstanding anything contrary in these Terms, YippeeO LLC reserves the right to discontinue any product or service at any time and at its sole discretion.

Without limiting any of the foregoing, YippeeO LLC may immediately terminate or suspend any User IDs, Accounts or passwords in the event of any conduct by you which YippeeO LLC, in its sole discretion, considers to be unacceptable or in the event of any breach by you of this Agreement. In the event of termination, you agree to immediately cease access to our Sites and Services. Any Voucher issued prior to termination will be honored according to its terms and the terms of this Agreement specifically applicable to such Voucher. These Terms will survive termination of this Agreement.

Notices

Except as explicitly stated otherwise, any notices shall be given by postal mail to YippeeO LLC; Attn: Legal Department; PO Box 1577 Leesburg VA (in the case of YippeeO LLC) or, in your case, to the email address you provide to YippeeO LLC (either during the registration process or when your email address changes). Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, YippeeO LLC may give you notice by certified mail, postage prepaid and return receipt requested, to the address provided to YippeeO LLC. In such case, notice shall be deemed given three days after the date of mailing.

For issues with intellectual property, please provide the notice as specified in YippeeO LLC's Copyright and Intellectual Property Policy

Disclosures

The services hereunder are offered by YippeeO LLC

Effective Date: January 13, 2015