|
TERMS & CONDITIONS
Welcome to MyYAB.com. MyYAB.com and its
affiliates provide their services to you subject
to the following conditions. If you visit or
shop at MyYAB.com, you accept these conditions.
Please read them carefully. In addition, when
you use any current or future MyYAB.com service
or visit or purchase from any business
affiliated with MyYAB.com, whether or not
included in the MyYAB.com Web site, you also
will be subject to the guidelines and conditions
applicable to such service or business. If these
conditions are inconsistent with such guidelines
and conditions, such guidelines and conditions
will control.
PRIVACY
Please review our Privacy Notice, which also
governs your visit to MyYAB.com, to understand
our practices.
ELECTRONIC
COMMUNICATIONS
When you visit MyYAB.com or send e-mails to us,
you are communicating with us electronically.
You consent to receive communications from us
electronically. We will communicate with you by
e-mail or by posting notices on this site. You
agree that all agreements, notices, disclosures
and other communications that we provide to you
electronically satisfy any legal requirement
that such communications be in writing.
COPYRIGHT
All content included on this site, such as text,
graphics, logos, button icons, images, audio
clips, digital downloads, data compilations, and
software, is the property of MyYAB.com or its
content suppliers and protected by United States
and international copyright laws. The
compilation of all content on this site is the
exclusive property of MyYAB.com and protected by
U.S. and international copyright laws. All
software used on this site is the property of
MyYAB.com or its software suppliers and
protected by United States and international
copyright laws.
TRADEMARKS
YourAquaticBuddy.com, MyYAB.com, and other
MyYAB.com graphics, logos, page headers, button
icons, scripts, and service names are
trademarks, registered trademarks or trade dress
of Man-Gear Inc. or its affiliates in the U.S.
and/or other countries. MyYAB.com's trademarks
and trade dress may not be used in connection
with any product or service that is not
MyYAB.com's, in any manner that is likely to
cause confusion among customers, or in any
manner that disparages or discredits MyYAB.com.
All other trademarks not owned by MyYAB.com or
its affiliates that appear on this site are the
property of their respective owners, who may or
may not be affiliated with, connected to, or
sponsored by MyYAB.com or its affiliates.
LICENSE AND SITE ACCESS
MyYAB.com grants you a limited license to access
and make personal use of this site and not to
download (other than page caching) or modify it,
or any portion of it, except with express
written consent of MyYAB.com. This license does
not include any resale or commercial use of this
site or its contents; any collection and use of
any product listings, descriptions, or prices;
any derivative use of this site or its contents;
any downloading or copying of account
information for the benefit of another merchant;
or any use of data mining, robots, or similar
data gathering and extraction tools. This site
or any portion of this site may not be
reproduced, duplicated, copied, sold, resold,
visited, or otherwise exploited for any
commercial purpose without express written
consent of MyYAB.com. You may not frame or
utilize framing techniques to enclose any
trademark, logo, or other proprietary
information (including images, text, page
layout, or form) of MyYAB.com and our affiliates
without express written consent. You may not use
any meta tags or any other "hidden text"
utilizing MyYAB.com's name or trademarks without
the express written consent of MyYAB.com. Any
unauthorized use terminates the permission or
license granted by MyYAB.com. You are granted a
limited, revocable, and nonexclusive right to
create a hyperlink to the home page of MyYAB.com
so long as the link does not portray MyYAB.com,
its affiliates, or their products or services in
a false, misleading, derogatory, or otherwise
offensive matter. You may not use any MyYAB.com
logo or other proprietary graphic or trademark
as part of the link without express written
permission.
YOUR ACCOUNT
If you use this site, you are responsible for
maintaining the confidentiality of your account
and password and for restricting access to your
computer, and you agree to accept responsibility
for all activities that occur under your account
or password. MyYAB.com does sell products for
children, but it sells them to adults, who can
purchase with a credit card. If you are under
18, you may use MyYAB.com only with involvement
of a parent or guardian. MyYAB.com and its
affiliates reserve the right to refuse service,
terminate accounts, remove or edit content, or
cancel orders in their sole discretion.
REVIEWS, COMMENTS,
COMMUNICATIONS, AND OTHER CONTENT
Visitors may post reviews, comments, and other
content; send e-cards and other communications;
and submit suggestions, ideas, comments,
questions, or other information, so long as the
content is not illegal, obscene, threatening,
defamatory, invasive of privacy, infringing of
intellectual property rights, or otherwise
injurious to third parties or objectionable and
does not consist of or contain software viruses,
political campaigning, commercial solicitation,
chain letters, mass mailings, or any form of
"spam." You may not use a false e-mail address,
impersonate any person or entity, or otherwise
mislead as to the origin of a card or other
content. MyYAB.com reserves the right (but not
the obligation) to remove or edit such content,
but does not regularly review posted content.
If you do post content or submit material, and
unless we indicate otherwise, you grant
MyYAB.com and its affiliates a nonexclusive,
royalty-free, perpetual, irrevocable, and fully
sublicensable right to use, reproduce, modify,
adapt, publish, translate, create derivative
works from, distribute, and display such content
throughout the world in any media. You grant
MyYAB.com and its affiliates and sublicensees
the right to use the name that you submit in
connection with such content, if they choose.
You represent and warrant that you own or
otherwise control all of the rights to the
content that you post; that the content is
accurate; that use of the content you supply
does not violate this policy and will not cause
injury to any person or entity; and that you
will indemnify MyYAB.com or its affiliates for
all claims resulting from content you supply.
MyYAB.com has the right but not the obligation
to monitor and edit or remove any activity or
content. MyYAB.com takes no responsibility and
assumes no liability for any content posted by
you or any third party.
COPYRIGHT COMPLAINTS
MyYAB.com and its affiliates respect the
intellectual property of others. If you believe
that your work has been copied in a way that
constitutes copyright infringement, please
follow our Notice and Procedure for Making
Claims of Copyright Infringement.
RISK OF LOSS
All items purchased from MyYAB.com are made
pursuant to a shipment contract. This means that
the risk of loss and title for such items pass
to you upon our delivery to the carrier.
PRODUCT DESCRIPTIONS
MyYAB.com and its affiliates attempt to be as
accurate as possible. However, MyYAB.com does
not warrant that product descriptions or other
content of this site is accurate, complete,
reliable, current, or error-free. If a product
offered by MyYAB.com itself is not as described,
your sole remedy is to return it in unused
condition.
PRICING
Except where noted otherwise, the List Price
displayed for products on our website represents
the full retail price listed on the product
itself, suggested by the manufacturer or
supplier, or estimated in accordance with
standard industry practice; or the estimated
retail value for a comparably featured item
offered elsewhere. The List Price is a
comparative price estimate and may or may not
represent the prevailing price in every area on
any particular day. For certain items that are
offered as a set, the List Price may represent
"open-stock" prices, which means the aggregate
of the manufacturer's estimated or suggested
retail price for each of the items included in
the set. Where an item is offered for sale by
one of our merchants, the List Price may be
provided by the merchant.
With respect to items sold by MyYAB.com, we
cannot confirm the price of an item until you
order; however, we do NOT charge your credit
card until after your order has entered the
shipping process. Despite our best efforts, a
small number of the items in our catalog may be
mispriced. If an item's correct price is higher
than our stated price, we will, at our
discretion, either contact you for instructions
before shipping or cancel your order and notify
you of such cancellation.
Please note that this policy applies only to
products sold and shipped by MyYAB.com. Your
purchases from third-party sellers using
MyYAB.com Payments are charged at the time you
place your order, and third-party sellers may
follow different policies in the event of a
mispriced item.
OTHER BUSINESSES
Parties other than MyYAB.com and its
subsidiaries operate stores, provide services,
or sell product lines on this site. For example,
Shutterfly offers Photo Services in our Camera
and Photo store, and other businesses and
individuals offer products in Auctions. In
addition, we provide links to the sites of
affiliated companies and certain other
businesses. We are not responsible for examining
or evaluating, and we do not warrant the
offerings of, any of these businesses or
individuals or the content of their Web sites.
MyYAB.com does not assume any responsibility or
liability for the actions, product, and content
of all these and any other third parties. You
should carefully review their privacy statements
and other conditions of use.
DISCLAIMER OF
WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE AND ALL INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) AND
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THIS SITE ARE PROVIDED BY
MyYAB.com OR ITS AFFILIATES ON AN "AS IS" AND
"AS AVAILABLE" BASIS, UNLESS OTHERWISE SPECIFIED
IN WRITING. MyYAB.com AND ITS AFFILIATES MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS
SITE OR THE INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, UNLESS OTHERWISE SPECIFIED IN
WRITING. YOU EXPRESSLY AGREE THAT YOUR USE OF
THIS SITE IS AT YOUR SOLE RISK.
TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE
LAW, MyYAB.com AND ITS AFFILIATES DISCLAIM ALL
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT
NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR
PURPOSE. MyYAB.com AND ITS AFFILIATES DO NOT
WARRANT THAT THIS SITE; INFORMATION, CONTENT,
MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR
SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE
TO YOU THROUGH THIS SITE; THEIR SERVERS; OR
E-MAIL SENT FROM MyYAB.com ARE FREE OF VIRUSES
OR OTHER HARMFUL COMPONENTS. MyYAB.com AND ITS
AFFILIATES WILL NOT BE LIABLE FOR ANY DAMAGES OF
ANY KIND ARISING FROM THE USE OF THIS SITE OR
FROM ANY INFORMATION, CONTENT, MATERIALS,
PRODUCTS (INCLUDING SOFTWARE) OR SERVICES
INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU
THROUGH THIS SITE, INCLUDING, BUT NOT LIMITED TO
DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND
CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE
SPECIFIED IN WRITING.
CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON
IMPLIED WARRANTIES OR THE EXCLUSION OR
LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE
DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT
APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL
RIGHTS.
APPLICABLE LAW
By visiting MyYAB.com, you agree that the laws
of the state of California, without regard to
principles of conflict of laws, will govern
these Conditions of Use and any dispute of any
sort that might arise between you and MyYAB.com
or its affiliates.
DISPUTES
Any dispute relating in any way to your visit to
MyYAB.com or to products you purchase through
MyYAB.com shall be submitted to confidential
arbitration in San Diego, California, except
that, to the extent you have in any manner
violated or threatened to violate MyYAB.com's
intellectual property rights, MyYAB.com may seek
injunctive or other appropriate relief in any
state or federal court in the state of
California, and you consent to exclusive
jurisdiction and venue in such courts.
Arbitration under this agreement shall be
conducted under the rules then prevailing of the
American Arbitration Association. The
arbitrator's award shall be binding and may be
entered as a judgment in any court of competent
jurisdiction. To the fullest extent permitted by
applicable law, no arbitration under this
Agreement shall be joined to an arbitration
involving any other party subject to this
Agreement, whether through class arbitration
proceedings or otherwise.
SITE POLICIES,
MODIFICATION, AND SEVERABILITY
Please review our other policies, such as our
pricing policy, posted on this site. These
policies also govern your visit to MyYAB.com. We
reserve the right to make changes to our site,
policies, and these Conditions of Use at any
time. If any of these conditions shall be deemed
invalid, void, or for any reason unenforceable,
that condition shall be deemed severable and
shall not affect the validity and enforceability
of any remaining condition.
OUR ADDRESS
Your Aquatic Buddy, Inc.
P.O. Box 1368
Carlsbad, CA 92108
http://www.MyYAB.com
Notice and Procedure for Making Claims of
Copyright Infringement
If you believe that your work has been copied in
a way that constitutes copyright infringement,
please provide MyYAB.com's copyright agent the
written information specified below. Please note
that this procedure is exclusively for notifying
MyYAB.com and its affiliates that your
copyrighted material has been infringed.
An electronic or physical signature of the
person authorized to act on behalf of the owner
of the copyright interest; A description of the
copyrighted work that you claim has been
infringed upon; A description of where the
material that you claim is infringing is located
on the site, including the auction ID number, if
applicable; Your address, telephone number, and
e-mail address; A statement by you that you have
a good-faith belief that the disputed use is not
authorized by the copyright owner, its agent, or
the law; A statement by you, made under penalty
of perjury, that the above information in your
notice is accurate and that you are the
copyright owner or authorized to act on the
copyright owner's behalf.
|