TERMS OF USE AND SERVICES AGREEMENT
PLEASE REVIEW THIS TERMS OF USE AND SERVICES AGREEMENT VERY CAREFULLY BEFORE ACCESSING OUR WEBSITE.
Effective Date: This Terms of Use and Services Agreement was last updated on February 29, 2016.
DEFINITIONS
The following terminology applies to this Terms of Use and Services Agreement and the Privacy Statement in this website and any or all agreements: "Clients", "You", "Visitor" and "Your" refers to you, the person accessing this website and accepting the Company's terms and conditions. "The Company", "We" and "Us", refers to our Company, Yammerin, LLC, a Texas limited liability company ("Yammerin" or the "Company"). "Party", "Parties" or "Us", refers to both the Client and ourselves, or either the Client or ourselves. Any use of the above terminology or other words in the singular, plural, capitalization and/or he/she or they, are taken as interchangeable and therefore as referring to same.
AGREEMENT
This Terms of Use and Services Agreement (the "Agreement") sets forth the standards of use of Yammerin's online service, A-GDP.com and/or REHCenter.com (collectively referred to herein as the "Website" or "Site"). By using the Website You agree to these terms and conditions. If you do not agree to the terms and conditions of this Agreement, you should immediately cease all usage of the website.
This Agreement may be changed by us from time to time without specific notice to you. Modifications to the terms of use included in this Agreement will be posted on the Website, and You should always review this Agreement prior to using the Website to ensure that you have a current understanding of the Agreement under which You are using this Website. We reserve the right, at any time, to modify, alter, or update the terms and conditions of this Agreement without prior notice. Modifications shall become effective immediately upon being posted at www.A-GDP.com and REHCenter.com. This "Terms and Conditions of Use" is a legal agreement between you and Yammerin. Please read the Agreement carefully before registering for the Service. Your continued use of the Service constitutes an acknowledgement and acceptance of the Agreement and its modifications. Except as provided in this paragraph, this Agreement may not be amended.
ACCESS TO THIS WEBSITE (OR PORTIONS THEREOF) AND THE USE OF INFORMATION, MATERIALS, PRODUCTS OR SERVICES PROVIDED THROUGH THIS WEBSITE (OR PORTIONS THEREOF), IS NOT INTENDED, AND IS PROHIBITED, WHERE SUCH ACCESS OR USE VIOLATES APPLICABLE LAWS OR REGULATIONS.
1. Description of Services.
In the Website, Yammerin provides users with educational information for use in the purchase of commercial real estate and providing these users with professional services, contractors and resources to be utilized in connection with their real estate purchases (from investments to home maintenance) (the "Service" or "Services"). The user is responsible for obtaining access to the Website, and that access may involve third-party fees (such as Internet service provider or airtime charges). In addition, you must provide and are responsible for all equipment necessary to access the Website. To obtain the Services, You must provide (1) all equipment necessary for their own Internet connection, including computer and modem; (2) provide Your access to the Internet, and (3) pay any fees related with such connection.
Our company is an equal opportunity company. We will not discriminate against users or applicants for usage on any legally-recognized basis including, but not limited to: veteran status, race, color, sex, sexual orientation, gender identity, national origin, citizenship status, religion, age and physical or mental disability.
2. Annual Fee and Online Payments.
The annual fee for use of the Website is $50 per year. This subscription fee grants users unlimited access to the Website during the year of subscription.
This Website has the ability to connect users to a number of products and services. All of these products and services have a one time cost and applicable monthly costs depending on the Services. Credit card information is not stored anywhere on our servers or network in any form. Instead, sensitive credit card data is sent over a secure socket layer encrypted connection between our server and the payment service provider. Our staff does not have access to any credit card data sent over this secure connection. We take every step possible to keep our servers and network as secure as possible. There are, of course, no guarantees that the security could not be breached. You agree to immediately notify us if You believe security has been breached.
3. Your Account and Exclusive Use.
The Service is not available to minors under the age of 18 or to any users suspended or removed from the system by Yammerin for any reason. Users with felony convictions within the last given ten (years) are prohibited from joining the Website. Users may not have more than one active account. Users who have three (3) or more unresolved complaints within a three (3) year period will be prohibited from using the Website. Additionally, users are prohibited from selling, trading, or otherwise transferring their account to another party. If you do not qualify, you may not use the Service or the Website. Yammerin maintains the exclusive right to discontinue any account for any reason whatsoever.
Your account (whether you represent yourself as a business possessing a tax identification number, or an individual typically identified via government issued number) is for your exclusive, personal use. This means:
4. Privacy Pledge, Privacy Statement, and Your Obligations.
In consideration of your use of the Website, you agree to provide true, accurate, current and complete information about yourself.
You agree to use the Website in a manner consistent with any and all applicable rules and regulations. You agree not to upload or transmit through the website any computer viruses, Trojan horses, worms or any other programs, actions or information designed to interfere with, interrupt or disrupt the normal operating procedures of a computer.
5. Disclaimer of Warranties.
This Website is provided by Yammerin on an "as is" and on an "as available" basis. To the fullest extent permitted by applicable law, Yammerin makes no representations or warranties of any kind, express or implied, regarding the use, benefits or the results of this Website in terms of its correctness, accuracy, reliability, or otherwise. THE COMPANY DOES NOT:
Yammerin shall have no liability to visitors for any damages incurred due to any interruptions in the use of the Service or this Website. Yammerin disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, title and non-infringement.
6. Hyperlink Disclaimer.
This Website may contain links and/or advertisements to other websites maintained by us in addition to links to websites maintained by unrelated companies and persons (the "Third Party Sites"). An advertisement of, or link to, a non-Yammerin website does not mean that we approve, endorse or accept any responsibility for that website, its content or use, or the use of products and services made available through such website.
We are not responsible for the actions, content, accuracy, opinions expressed, privacy policies, products or services provided through these links or made available through these resources or appearing in such websites, nor for any damages or losses, directly or indirectly, caused or alleged to have been caused as a result of your use or reliance on such websites.
Such websites are not investigated, monitored or checked for accuracy, completeness or conformance with applicable laws and regulations by us. We do not make any representations whatsoever, or give any warranties of any kind, expressed, implied, or otherwise about other websites which You may access through this website, the content thereof, or the products and/or services made available through such websites. If You decide to leave our Website and access these other websites, You do so at your own risk. All rules, policies (including privacy policies) and operating procedures of such websites will apply to You while on such websites.
7. Submitted Content.
Yammerin does not claim ownership of any materials You make available through the Site. At Yammerin's sole discretion, such materials may be included in the Service in whole or in part or in a modified form. With respect to such materials You submit or make available for inclusion on the Website, you grant Yammerin a perpetual, irrevocable, non-terminable, worldwide, royalty-free and non-exclusive license to use, copy, distribute, publicly display, modify, create derivative works, and sublicense such materials or any part of such materials (as well as use the name that You submit in connection with such submitted content). You hereby represent, warrant and covenant that any materials You provide do not include anything (including, but not limited to, text, images, music or video) to which You do not have the full right to grant the license specified in this Section 7. We take no responsibility and assume no liability for any submitted content posted or submitted by You. We have no obligation to post your comments; we reserve the right in our absolute discretion to determine which comments are published on the Website. If You do not agree to these terms and conditions, please do not provide us with any submitted content. You agree that You are fully responsible for the content you submit. You are prohibited from posting or transmitting to or from this Website: (i) any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material or content that would violate rights of publicity and/or privacy or that would violate any law; (ii) any commercial material or content (including, but not limited to, solicitation of funds, advertising, or marketing of any good or services); and (iii) any material or content that infringes, misappropriates or violates any copyright, trademark, patent right or other proprietary right of any third party. You shall be solely liable for any damages resulting from any violation of the foregoing restrictions, or any other harm resulting from your posting of content to this Website.
8. License, Site Access and Prohibited Activities.
Yammerin grants You a limited license to access and make personal use of the Website and the Service. This license does not include any scraping, downloading or copying of account information for the benefit of another vendor or any other third party; caching, unauthorized hypertext links to the Site and the framing of any content available through the Site uploading, posting, or transmitting any content that you do not have a right to make available (such as the intellectual property of another party); uploading, posting, or transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; any action that imposes or may impose (in Yammerin's sole discretion) an unreasonable or disproportionately large load on Yammerin's infrastructure; or any use of data mining, robots, or similar data gathering and extraction tools. You may not bypass any measures used by Yammerin to prevent or restrict access to the Website. Any unauthorized use by You shall terminate the permission or license granted to You by Yammerin.
9. Dealings with Advertisers or Third Party Sites.
10. Links from Other Websites.
We hereby give authorization to link to this Website. Such authorization is given without assumption of any liability by us relating to such links, and we hereby disclaim any such liability. We reserve the right to withdraw any authorization to link to this website at any time and for any reason.
Persons providing access to this Website via link from another website are solely responsible for the content, accuracy, opinions expressed, privacy policies, products or services of, or available through, the source website and for any representations made or impressions created concerning Yammerin.
Anyone providing access to, or information relating to this Website, whether by link or otherwise, is responsible for bringing this Agreement to the attention of the person receiving such access or information. Failure to do so will not result in liability for us.
11. Unauthorized Users.
It is possible that other users (including unauthorized users, or "hackers") may have the ability to alter or remove certain information, post or transmit offensive or obscene materials on the website you create through the Service and that you may be involuntarily exposed to this type of conduct. It also is possible for others to obtain personal information about you due to your use of the website You create through Service, and that the recipient may use such information to harass or injure you. The Company is not responsible for the use of any personal information that You disclose on the Website. Please carefully select the type of information that You post on the Website or release to others. Please notify us immediately if You suspect, or have knowledge of, hacking or any inappropriate or prohibited use of your information.
12. Data Protection Consent.
You agree to the terms of our Privacy Statement. Any communication or material you post or transmit to us over the Internet is, and will be treated as non-confidential and non-proprietary. Except as specifically provided in the Agreement, upon the transmission of any personal information to us, you expressly grant permission to us to disseminate and/or use such information for any lawful purpose.
Posting or transmitting of any unlawful, threatening, libelous, defamatory, obscene, pornographic or profane material or any material that could constitute or encourage conduct that would be considered a criminal offence or violation of any law is strictly prohibited.
We reserve the right to monitor your communications with us whether by mail, voice, fax, e-mail or any other form of transmission for the purposes of quality control, security and other business needs.
Notwithstanding the foregoing, all personal data provided to us as a result of your use of this website will be handled in accordance with our Privacy Policy.
13. Proprietary Rights. Ownership.
14. Warranties.
15. Disclaimer of Liability and Warranty.
THE CONTENT, PRODUCTS, AND SERVICES PUBLISHED ON THIS SITE MAY INCLUDE INACCURACIES OR ERRORS, INCLUDING PRICING ERRORS. WE DO NOT GUARANTEE THE ACCURACY OF, AND DISCLAIM ALL LIABILITY FOR ANY ERRORS OR OTHER INACCURACIES RELATING TO THE INFORMATION AND DESCRIPTION OF THE CONTENT, PRODUCTS, AND SERVICES WE EXPRESSLY RESERVES THE RIGHT TO CORRECT ANY PRICING ERRORS ON THE SITE AND/OR ON PENDING RESERVATIONS MADE UNDER AN INCORRECT PRICE.
THE COMPANY MAKES NO REPRESENTATIONS ABOUT THE SUITABILITY OF THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES CONTAINED ON THIS SITE FOR ANY PURPOSE, AND THE INCLUSION OR OFFERING OF ANY PRODUCTS OR SERVICES ON THIS SITE DOES NOT CONSTITUTE ANY ENDORSEMENT OR RECOMMENDATION OF SUCH PRODUCTS OR SERVICES. ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. THE COMPANY AND THEIR RESPECTIVE SUPPLIERS DISCLAIM ALL WARRANTIES AND CONDITIONS THAT THIS SITE, ITS SERVERS OR ANY EMAIL SENT FROM THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE COMPANY, ITS AFFILIATES, AND THEIR RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
THE BROKERS, REALTORS, CONTRACTORS, PROFESSIONALS AND OTHER SUPPLIERS PROVIDING REAL ESTATE ASSISTANCE OR OTHER SERVICES ON THIS SITE ARE INDEPENDENT CONTRACTORS AND NOT AGENTS OR EMPLOYEES OF THE COMPANY OR ITS AFFILIATES. THE COMPANY AND ITS AFFILIATES ARE NOT LIABLE FOR THE ACTS, ERRORS, OMISSIONS, REPRESENTATIONS, WARRANTIES, BREACHES OR NEGLIGENCE OF ANY SUCH SUPPLIERS OR FOR ANY PERSONAL INJURIES, DEATH, PROPERTY DAMAGE, OR OTHER DAMAGES OR EXPENSES RESULTING THEREFROM THE COMPANY AND ITS AFFILIATES HAVE NO LIABILITY AND WILL MAKE NO REFUND IN THE EVENT OF ANY DELAY, CANCELLATION, OVERBOOKING, STRIKE, FORCE MAJEURE OR OTHER CAUSES BEYOND THEIR DIRECT CONTROL, AND THEY HAVE NO RESPONSIBILITY FOR ANY ADDITIONAL EXPENSE, OMISSIONS, DELAYS, RE-ROUTING OR ACTS OF ANY GOVERNMENT OR AUTHORITY.
IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AND/OR THEIR RESPECTIVE SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, YOUR ACCESS TO, DISPLAY OF OR USE OF THIS SITE OR WITH THE DELAY OR INABILITY TO ACCESS, DISPLAY OR USE THIS SITE (INCLUDING, BUT NOT LIMITED TO, YOUR RELIANCE UPON OPINIONS APPEARING ON THIS SITE; ANY COMPUTER VIRUSES, INFORMATION, SOFTWARE, LINKED SITES, PRODUCTS, AND SERVICES OBTAINED THROUGH THIS SITE; OR OTHERWISE ARISING OUT OF THE ACCESS TO, DISPLAY OF OR USE OF THIS SITE) WHETHER BASED ON A THEORY OF NEGLIGENCE, CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF THE COMPANY, ITS AFFILIATES AND/OR THEIR RESPECTIVE SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
16. Limitation of Liability.
17. Indemnification.
18. Termination.
The Company may terminate Your account at any time, for any reason or no reason, without explanation, with or without written notice to the other party. The Company reserves the right to immediately suspend or terminate your access to the Service, without notice, whether or not the Company believes You have violated any Section of this Agreement. In the event your access to the Service is suspended due to the breach of this Agreement, You agree that all fees then paid to the Company by You shall be nonrefundable.
You may terminate your account with Yammerin at any time. Upon termination, You remain liable for all amounts owed for Services. Upon termination by either party, the Company reserves the right to maintain the funds processed for up to one year before releasing the money to You.
19. Death or Disability.
20. General Provisions.
You agree that Texas law (regardless of conflicts of law principles) shall govern this Agreement, and that any dispute arising out of or relating to this Agreement shall be subject to the exclusive jurisdiction of the federal and state courts in Dallas County, Texas, other than for actions to enforce any order or judgment entered by such courts.
This Agreement, accepted upon registration, contains the entire agreement between you and the Company regarding the use of the Services and this Site. Unless otherwise explicitly stated, the terms will survive termination of your registration. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect.
21. Modifications and Interruption to Service.
Yammerin reserves the right to modify or discontinue the Service with or without notice to the Visitor. Yammerin shall not be liable to Visitor or any third party should Yammerin exercise its right to modify or discontinue the Service. Visitor acknowledges and accepts that Yammerin does not guarantee continuous, uninterrupted or secure access to the Website and operation of our Website may be interfered with or adversely affected by numerous factors or circumstances outside of our control. Visitors should address all concerns to support@yammerin.com.
22. Disclaimer Regarding Accuracy of Vendor Information.
Product specifications and other information have either been provided by certain vendors or collected from publicly available sources. While Yammerin makes every effort to ensure that the information on this Website is accurate, we can make no representations or warranties as to the accuracy or reliability of any information provided on this Website.
Yammerin makes no warranties or representations whatsoever with regard to services or product provided or offered by any vendor, and You acknowledge that any reliance on representations and warranties provided by any vendor shall be at your own risk.
23. Governing Law.
Our Website is operated and maintained in the State of Texas. As such, this Agreement, Privacy Statement and all content of the Service shall be construed in accordance with and governed by the laws of the State of Texas. Any action relating hereto shall be brought in Dallas County, Texas. We make no representation that our Website or other services are appropriate, legal or available for use in other locations. Accordingly, if You choose to access our Website You agree to do so subject to the laws of the State Texas.
24. Compliance with Laws.
You assume all knowledge of applicable federal and state law and are responsible for compliance with any such laws. You may not use this Website or Service in any way that violates any applicable state, federal, or international laws, regulations or other government requirements. You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, national, or international law or regulation.
25. Notification of Claimed Copyright Infringement.
Pursuant to Section 512(c) of the COPYRIGHT REVISION ACT, as enacted through the DIGITAL MILLENNIUM COPYRIGHT ACT, Yammerin designates the following individual as its agent for receipt of notifications of claimed copyright infringement.
26. Entire Understanding, Severance and Waiver.
This Agreement (together with our Privacy Statement) contain the entire understanding between you and us with respect to use of this website and no representation, statement, inducement oral or written, not contained herein shall bind any party to this agreement. Should any part of this Agreement for any reason be declared invalid by a court of competent jurisdiction, such determination shall not affect the validity of any remaining portion and such remaining portion shall remain in full force and effect as if the invalid portion of this Agreement had been eliminated. Our failure to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
27. Acknowledgement.
BY USING YAMMERIN'S SERVICES OR ACCESSING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM.