Please read this Terms of Use Agreement (the “Terms of Use”) carefully. These Terms of Use govern your use of those websites (including web portals) owned or controlled by Yurts Technologies, Inc. (“Yurts,” “our” or “we”), including the website located at: https://www.yurts.ai/ (the “Website”).
By clicking on the “i accept” button, completing the registration process and/Or browsing the website, you represent that (1) You have read, understand, and agree to be bound by the terms of use, (2) You are of legal age to form a binding contract with yurts, and (3) You have the authority to enter into the terms of use personally or on behalf of yurts you have named as the user, and to bind that company to the terms of use. The term “you” refers to the individual or legal entity, as applicable, identified as the user when you registered on the website. If you do not agree to be bound by the terms of use, you may not access or use the website.
Please note that the terms of use are subject to change by yurts in its sole discretion at any time. When changes are made, yurts will make a new copy of the terms of use available at the website. We will also update the “last updated” date at the top of the terms of use. Yurts may require you to provide consent to the updated terms of use in a specified manner before further use of the website is permitted. If you do not agree to any change(s) After receiving a notice of such change(s), you shall stop using the website. Otherwise, your continued use of the website constitutes your acceptance of such change(s). Please regularly check the website to view the then-current terms of use.
The Website and the content provided by Yurts via the Website (collectively, the “Yurts Properties”) are protected by copyright laws throughout the world. Unless otherwise specified by Yurts in a separate license, your right to use any Yurts Properties is subject to the Terms of Use.
You understand that Yurts Properties are evolving. As a result, Yurts may require you to accept updates to Yurts Properties that you have installed on your computer or mobile device. You acknowledge and agree that Yurts may update Yurts Properties with or without notifying you.
The rights granted to you in the Terms of Use are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit Yurts Properties or any portion of Yurts Properties, (b) you shall not frame or utilize framing techniques to enclose any trademark, logo, or other Yurts Properties (including images, text, page layout or form) of Yurts; (c) you shall not use any metatags or other “hidden text” using Yurts’ name or trademarks; (d) you shall not modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of Yurts Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law; (e) access Yurts Properties in order to build a similar or competitive website, application or service; (f) except as expressly stated herein, no part of Yurts Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means; and (g) you shall not remove or destroy any copyright notices or other proprietary markings contained on or in Yurts Properties. Any future release, update or other addition to Yurts Properties shall be subject to the Terms of Use. Yurts, its suppliers and service providers reserve all rights not granted in the Terms of Use. Any unauthorized use of Yurts Properties terminates the licenses granted by Yurts pursuant to the Terms of Use.
You agree that you will not, under any circumstances: (a) interfere with or damage Yurts Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (b) modify or cause to be modified any files that are a part of Yurts Properties; (c) disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support Yurts Properties; or (ii) the enjoyment of Yurts Properties by any other person; (d) access, tamper with or use non-public areas of Yurts Properties, Yurts’ computer systems, or the technical delivery systems of Yurts’ providers; (e) attempt to probe, scan, or test the vulnerability of any Yurts system or network, or breach any security or authentication measures; (f) disrupt or interfere with the security of, or otherwise cause harm to, Yurts Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through Yurts Properties or any affiliated or linked sites; or (g) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Yurts or any of Yurts’ providers or any other third party to protect Yurts Properties.
Yurts Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Yurts Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Yurts. Yurts is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Yurts provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree that Yurts and its suppliers own all rights, title and interest in Yurts Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Yurts Properties. Yurts’ stylized name and other related graphics, logos, service marks and trade names used on or in connection with Yurts Properties are the trademarks of Yurts and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Yurts Properties are the property of their respective owners.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Yurts through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Yurts has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Yurts a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Yurts Properties.
You agree to indemnify and hold Yurts, its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (collectively, the “Yurts Parties”) harmless from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of: (a) your use of, or inability to use, Yurts Properties; (b) your violation of the Terms of Use; or (c) your violation of any applicable laws, rules or regulations. Yurts reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Yurts in asserting any available defenses. You agree that the provisions in this section will survive any termination of your Account, the Terms of Use or your access to Yurts Properties.
You expressly understand and agree that to the extent permitted by applicable law, your use of yurts properties is at your sole risk, and yurts properties are provided on an “as is” and “as available” basis, with all faults. Yurts parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. Yurts parties make no warranty, representation or condition that: (1) yurts properties will meet your requirements; (2) your use of yurts properties will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from use of yurts properties will be accurate or reliable; or (4) any errors in yurts properties will be corrected. The website may be subject to delays, cancellations and other disruptions. No advice or information, whether oral or written, obtained from yurts or through yurts properties will create any warranty not expressly made herein.
You understand and agree that in no event shall yurts parties be liable for any loss of profits, revenue or data, indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with yurts properties, or damages or costs due to loss of production or use, business interruption, procurement of substitute goods or services, or personal or property damage or emotional distress, whether or not yurts has been advised of the possibility of such damages, arising out of or in connection with the terms of use, or from any communications, interactions or meetings with other users of yurts properties, on any theory of liability, resulting from: (1) the use or inability to use yurts properties; (2) the cost of procurement of substitute goods or services resulting from any goods, data, information or services purchased or obtained or messages received for transactions entered into through yurts properties; (3) unauthorized access to or alteration of your transmissions or data; (4) statements or conduct of any third party on yurts properties; or (5) any other matter related to yurts properties, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.
Under no circumstances will yurts parties be liable to you for more than the greater of (a) $100, and (b) the remedy or penalty imposed by the statute under which such claim arises. The foregoing cap on liability shall not apply to liability of a yurts party for (a) death or personal injury caused by a yurts party’s negligence; or for (b) any injury caused by a yurts party’s fraud or fraudulent misrepresentation.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between yurts and you. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
The Terms of Use commence on the date when you accept them (as described in the preamble above) and remain in full force and effect while you use Yurts Properties, unless terminated earlier in accordance with the Terms of Use. Either party may terminate these Terms of Use upon notice to the other party.
Upon termination of these Terms of Use, your right to use Yurts Properties will automatically terminate immediately. All provisions of the Terms of Use, which by their nature should survive, shall survive termination of these Terms of Use, including without limitation, ownership provisions, warranty disclaimers, and limitation of liability.
Yurts Properties can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Yurts intends to announce such services or content in your country. Yurts Properties are controlled and offered by Yurts from its facilities in the United States of America. Yurts makes no representations that Yurts Properties are appropriate or available for use in other locations. Those who access or use Yurts Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The communications between you and Yurts use electronic means, whether you visit Yurts Properties or send Yurts e-mails, or whether Yurts posts notices on Yurts Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Yurts in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Yurts provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
The Terms of Use, and your rights and obligations hereunder, may not be assigned, subcontracted, delegated or otherwise transferred by you without Yurts’ prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.
Yurts shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.
The Terms of Use and any action related thereto will be governed and interpreted by and under the laws of Washington, D.C., consistent with the Federal Arbitration Act, without giving effect to any principles that provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Where Yurts requires that you provide an e-mail address, you are responsible for providing Yurts with your most current e-mail address. In the event that the last e-mail address you provided to Yurts is not valid, or for any reason is not capable of delivering to you any notices required/ permitted by the Terms of Use, Yurts’ dispatch of the e-mail containing such notice will nonetheless constitute effective notice. You may give notice to Yurts by making a submission via our “Contact” page at https://www.yurts.ai/contact. Such notice shall be deemed given when receipt of submission is confirmed by Yurts.
Any waiver or failure to enforce any provision of the Terms of Use on one occasion will not be deemed a waiver of any other provision or of such provision on any other occasion.
If any provision of the Terms of Use is, for any reason, held to be invalid or unenforceable, the other provisions of the Terms of Use will remain enforceable, and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the subject matter hereof and supersedes and merges all prior discussions between the parties with respect to such subject matter.
