Yaw | AI Shopping Chrome Extension
YAW TERMS OF SERVICE
Lastupdated on April24, 2025
Welcome to the Terms of Service (these “Terms”) for YAW, operated by
Peach Works, Inc.(Company, “we” or “us”), which includes our suite of
mobile and desktop browser extensions (each, an “Extension”), our website,
joinyaw.com (the “Website”) and related mobile applications or mobile
extension installers (the “App”). The Extensions, the Website, the App and
any content, tools, features and functionality offered on or through the
Extensions, the Website and the App are collectively referred to as the
“Services”.
These Terms govern your access to and use of the Services. Please read these
Terms carefully, as they include important information about your legal
rights.By accessing and/or using the Services, you are agreeing to these
Terms. If you do not understand or agree to these Terms, please do not use
the Services.
For purposes of these Terms, “you” and “your” means you as the user of
the Services. If you use the Services on behalf of a company or other entity
then “you” includes you and that entity, and you represent and warrant
that (i) you are an authorized representative of the entity with the
authority to bind the entity tothese Terms, and (ii) you agree to these
Terms on the entity's behalf.
SECTION 8 CONTAINS AN ARBITRATION CLAUSE AND CLASS ACTION
WAIVER. BY AGREEING TO THESE TERMS, YOU AGREE (A) TO RESOLVE
ALL DISPUTES (WITH LIMITED EXCEPTION) RELATED TO THE
COMPANY'S SERVICES AND/OR PRODUCTS THROUGH BINDING
INDIVIDUAL ARBITRATION, WHICH MEANS THAT YOU WAIVE ANY RIGHT
TO HAVE THOSE DISPUTES DECIDED BY A JUDGE OR JURY, AND (B) TO
WAIVE YOUR RIGHT TO PARTICIPATE IN CLASS ACTIONS, CLASS
ARBITRATIONS, OR REPRESENTATIVE ACTIONS, AS SET FORTH BELOW.
YOU HAVE THE RIGHT TO OPT-OUT OF THE ARBITRATION CLAUSE AND
THE CLASS ACTION WAIVER AS EXPLAINED IN SECTION 8.
1.THE SERVICES
1.1 Eligibility. You mustbe 18 years of age or older to use the Services. By
using the Services, you representand warrant that you meet these
requirements.
1.2 Shopping Services. Some of our Services provide you with (i) certain
cash-back offers tied to eligible user actions, and (ii) the ability to
automatically apply certain coupons, promotional codes and other discount
codes to purchases for eligible products and services provided by third-
party merchants (“Merchants”) (collectively, the “Promotions”). All
Promotions made available to you are temporary and may become
unavailable without notice. You agree that any Promotions: (a) must be used
in a lawful manner; (b) may not be duplicated, sold or transferred in any
manner, or made available by you to the general public (whether posted to
a public forum, coupon collecting service, or otherwise); (c) may be disabled
or have additional conditions or exclusions applied to them by the relevant
Merchant; and (d) may expire or change prior to your use.While we try to
find the best Promotions for your purchase, the Company is not responsible
for any missed savings in the event you are able to find a better Promotion
elsewhere.
1.3 Creating and Safeguarding your Account. Touse certain of the Services,
you need to create an account or link another account, such as your Apple
or Google account, if we make such linking available (“Account”). You agree
to provide us withaccurate, complete and updated information for your
Account, which you can update through the settings page of your Account
profile on the Website or in the Extension settings. You are solely responsible
for any activity on your Account and for maintaining the confidentiality
and security of your password. You must immediately notify us at
admin@joinyaw.com if you know or have any reason to suspect that your
Account or password have been stolen, misappropriated or otherwise
compromised, or in case of any actual or suspected unauthorized use of
your Account. You agree not to create any Account if we have previously
removed your Account, or we previously banned you from any of our
Services, unless we provide written consent otherwise.
- LOCATION OF OUR PRIVACY POLICY
2.1 Privacy Policy. Our Privacy Policy describes how we handle the
information you provide to us when you use the Services. For an explanation
of our privacy practices, please visit our Privacy Policy located at
3.RIGHTS WE GRANT YOU AND CERTAIN LIMITS
3.1 Right to Use Services.We hereby permit you to use theServices for your
personal, internal use only, provided that you comply with these Terms in
connection with all such use. With respect to the software for the App and
Extensions, we hereby grant you, a personal, non-assignable, non-
sublicensable, non-transferrable, and non-exclusive right and license to
access and display such software (and a right to downloadasingle copy of
the App or relevant Extension onto your applicable equipment or device), in
each case for the sole purpose of enabling you to use the Services as
permitted by these Terms. Your access and use of the Services may be
interrupted from time to time for any of several reasons, including, without
limitation, the malfunction of equipment, periodic updating, maintenance
or repair of the Service or other actions that Company, in its sole
discretion, may electto take.
3.2 Restrictions on Your Use of the Services. You may not do any of the
following in connection with your use of the Services, unless applicablelaws
or regulations prohibit these restrictions or you have our written permission
to do so:
download, modify, copy, distribute, transmit, display, perform, reproduce,
duplicate, publish, license, create derivative works from, oroffer for sale
any information contained on, or obtained from or through, the Services,
except for temporary files that are automatically cached by your web
browser for display purposes, or as otherwise expressly permitted inthese
Terms;
duplicate,decompile, reverse engineer, disassemble or decode the Services
(including any underlying idea or algorithm), or attempt to do any of the
same;
use, reproduce or remove any copyright, trademark, service mark, trade
name, slogan, logo, image, or other proprietary notation displayed on or
through the Services;
use automation software (bots), hacks, modifications (mods) or any other
unauthorized third-party software designed to modify theServices or
impersonate human activity on the Services;
exploit the Services for facilitating any commercial advertisement or
solicitation;
access or use the Services in any manner that could disable, overburden,
damage, disrupt or impair the Services or interfere with any other party's
access to or use of the Services or use any device, softwareor routine that
causes the same;
attempt to gain unauthorized access to, interfere with, damage or disrupt
the Services, accounts registered to other users, or the computer systems or
networks connected to the Services;
circumvent, remove, alter, deactivate, degrade or thwart any technological
measure or contentprotections of the Services;
use any robot, spider, crawlers, scraper, or other automatic device,process,
software or queries that intercepts, “mines,” scrapes, extracts, or otherwise
accesses the Services tomonitor, extract, copy or collect information or
data from or through the Services, or engage in any manual process to do
the same;
introduce any viruses, trojan horses, worms, logic bombs or other materials
that are malicious or technologically harmful into our systems;
use the Services in a manner that is unlawful, defamatory, obscene,
harassing, hateful, abusive, or for purposes of inciting, organizing,
promoting or facilitating violence or illegal activities;or
access or use the Services in any way not expressly permitted by these
Terms.
3.3 Limits on Purchases. In an effortto enhance your shopping experience
and give as many customers as possible the opportunity topurchase our
merchandise, we may place limits on purchases and we do not authorize
the purchase of commercial quantities of our merchandise. We also may,
among other things, restrict orders placed by or under the same customer
account, the same credit card and/or orders that use the same billing
and/or shipping address. We reserve the right to limit, cancel or prohibit
orders that, in our judgment, appear tobe placed in violation of this policy.
We further reserve the right to cease doing business with customers who
violate this policy. We may modify this policy at any time withoutprior
notice
3.4 Use of the App and Extensions. You are responsible for providing the
mobile device, wireless service plan, software, Internet connections and/or
other equipment or services that you need to download, install and use the
App and Extensions. We do not guarantee that the App and Extensions can
be accessed, installed or used on any particular device or browser or in any
particular geographic location. As part of the Services, you may receive
push notifications, local client notifications, text messages, picture messages,
alerts, emails or other types of messages directly sent to you in connection
with the App and Extensions (“Push Messages”). You have control over the
Push Messages settings, and can opt in or out of these Push Messages
through the Services or through your mobile device's operating system (with
the possible exception of infrequent, important service announcementsand
administrative messages). You are solely responsible for any fee, cost or
expense that you incur to download, install and/or use the App and
Extensions on your device, including for your receipt ofPush Messages from
the Company.
3.5 Mobile Software from the Apple App Store. If youare using our App
from the Apple App Store, there are a fewadditional terms thatapply to
you (including the App Store's terms of use and any other applicable third
party terms): (i) Apple is not a party to these Terms and isn't responsible
for our App or anything on it; (ii) if the App does not conform with its
applicable warranty, you can notify Apple and Apple will refund your
purchase price (if any), but otherwise Apple does not provide any other
warranties and does not have any other obligations or liabilities to you
regarding the App (including the provision of any maintenance or support
services); (iii) Apple is not responsible for any claims relating to the App
(including, among others,product liability, infringement and consumer
protection claims); and (iv) Apple and its subsidiaries are third party
beneficiaries of these Terms and have the rightto enforce them. If any
Terms are more or less restrictive than, or conflict withthe terms in this
Section, the more restrictive terms will apply (but only with respect to your
use of the App from the Apple App Store).
3.6 Beta Offerings. From time to time, we may, in our sole discretion,
include certain test or beta features or products in the Services (“Beta
Offerings”) as we may designate from time to time. Your use of any Beta
Offering is completely voluntary. The Beta Offerings are provided on an“as
is” basis and may contain errors, defects, bugs, or inaccuracies that could
cause failures, corruption or loss of data and information from any
connected device. If we provide you any Beta Offerings on a closed beta or
confidential basis, we will notify you of such as part of your use ofthe Beta
Offerings. For any such confidential Beta Offerings, you agree to not
disclose, divulge, display, or otherwise make available any of the Beta
Offerings without our prior written consent.
4.PRODUCTS
All material and information presented by the Company is intended to be
used for personal, educational or informational purposes only. The Company
attempts to be as accurate as possible. However, the Company does not
warrant that product descriptions or other content is accurate, complete,
reliable, current, or error-free. Please review the information provided on
any product page for the most current product information. The
statements made about products have not been evaluated by the U.S. Food
and Drug Administration or any other government agency andthe results
reported, if any, may not necessarily occur in all individuals. The
statements and products sold through the Company are not intended to
diagnose, treat, cure or prevent any condition or disease. If any minor uses
any goods or product from the Company it should be only after the legal or
parental guardian has discussed the product with the minor's doctor.
From time to time, we may provide summaries of or highlights from
product descriptions, the text of customer reviews, and other information.
In some cases, these summaries may be created with the help of artificial
intelligence(“AI”). Summaries are provided for convenience, but are not
exhaustive representations of product descriptions or full reviews. Users
should be aware ofthe limitations inherent in AI technology; AI
summarization may not capture all nuances and detailed insights present in
product descriptions or reviews. The Company does not guarantee the
completeness or accuracy of the information presented in these summaries.
You are encouraged to readfull product descriptions and reviews where
available, especially when making purchasing decisions.
All products should be used strictly in accordance with their instructions,
precautions and guidelines. You should always check the ingredients for
products to avoid potential allergic reactions. Use of the Extension, the
Website or the App is not meant to serve as a substitute for professional
medical advice. Please consult with your own physician or health care
practitioner regarding the use ofany goods, products or information
received from the Company before using or relying on them. Your physician
or health care practitioner should address any and all medical questions,
concerns and decisions regarding the possible treatment of any medical
condition. The Company does not give or intend to give any answers to
medical related questions. The Company does not represent itself as a
physician nor is this implied. No prescription medications or medical
treatments are intentionally provided by the Company. IF YOU ARE IN
NEED OF MEDICAL ATTENTION, CALL 911 OR YOUR PHYSICIAN
IMMEDIATELY.
- OWNERSHIP AND CONTENT
5.1 Ownership of the Services. The Services, including their “look and feel”
(e.g., text, graphics, images, logos), proprietary content, information and
other materials, including the Company's names,trademarks and logos, are
protected under copyright, trademark and other intellectual property laws.
You agree that the Company and/or its licensors own all right, titleand
interest in and to the Services (including any and all intellectual property
rights therein) and you agree not totake any action(s) inconsistent with
such ownership interests. We and our licensors reserve all rights in
connection with the Services including, without limitation, the exclusive
right to create derivative works.
5.2 Ownership of Feedback. We welcome feedback, comments and
suggestions for improvements to the Services(“Feedback”), but we will
exclusively own Feedback you provide and can use it for any purpose
whatsoever. You hereby assign to the Company any and all rights you may
have in and to any and all Feedback.
5.3 Modifications to Services. We may, in our sole discretion, cancel, change,
amend, modify, or restrict any aspects or features of the Services.
- THIRD-PARTY SERVICES, PRODUCTS AND MATERIALS
6.1 Purchases from Third Party Merchants. All purchases of any products
or services under any Promotions are from the Merchant directly.
Additional exclusions, terms and conditions may apply toPromotions and
any purchases you make in connection with Promotions, including the
terms and conditions of the applicable Merchants. You are responsible for
reviewing and complying with such additional terms and conditions. The
Services do not enable you to make purchases or process payments on your
behalf for such transactions. The Company is not a party to any such
transactions and shall have no responsibility or liability to you for any
products or services you purchase from Merchants, including any product
liability claims or for any additional or improper charges, delivery issues,
pricing errors, or product descriptions. Tothe maximum extent permitted
by applicable law, you release Company and its officers, directors
employees, agents, and successors from any claims, demands, and damages
of every kind or nature, known or unknown, suspected or unsuspected,
disclosed or undisclosed, arising out of or in any way related toany dispute
you have with aMerchant in connection with the Service. If you are a
California resident, you shalland hereby do waive California Civil Code
Section 1542, which says: “A GENERAL RELEASE DOES NOT EXTEND TO
CLAIMS THAT THE CREDITOR OR RELEASING PARTY DOES NOT KNOW
OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF
EXECUTING THE RELEASE AND THAT,IF KNOWN BY HIM OR HER,
WOULD HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH
THE DEBTOR OR RELEASED PARTY.” We do not endorse, warrant or
guarantee any such products or services from Merchants. If you have a
dispute with any Merchant, we have no obligation or responsibility to
become involved, though we may do so at our election in our solediscretion.
6.2 Use of Third-Party Services in the Services. The Services may display,
include or make available content, data, information, applications or
materials from third parties or provide links to certain third-party
websites, products or services (“Third-Party Services”). We do not warrant
or endorse and do not assume and will not have any liability or
responsibility to you or any other person for any aspect of the Third-Party
Services. If you access the Third-Party Services, you do so atyour own risk,
and we will notbe liable to you for such use or access.
6.3 Product and Pricing Information. Although we have made every effort
to display our products and their colors, textures and appearance as
accurately as possible, the displayed attributes of the products depend upon
the monitor of the user, and we cannotguarantee that the user's monitor
will accurately portray the actualattributes of the products. Products
displayed may be out of stock or discontinued, and prices are subject to
change. Weare not responsible for typographicalerrors regarding price or
any other matter. Likewise, we do not warrant the accuracy of customer
product ratings, comments or feedback.
- DISCLAIMERS, LIMITATIONS OF LIABILITY ANDINDEMNIFICATION
7.1Disclaimers. Your access to and use of the Services are at your own risk.
You understand and agree that the Services are provided to you on an“AS
IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the
maximum extent permitted under applicablelaw, the Company, its
parents, affiliates, related companies, officers, directors, employees, agents,
representatives, partners and licensors (the “Company Entities”) DISCLAIM
ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED,
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-
INFRINGEMENT. Noadvice or information, whether oral or written,
obtained from the Company Entities or through the Services, will create
any warranty or representation not expressly made herein. THE LAWS OF
CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED
WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN
DAMAGES AS SET FORTH IN SECTION 7.2 BELOW.IF THESE LAWS
APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS,
EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.
7.2 Limitations of Liability. TO THE EXTENT NOT PROHIBITED BY LAW,
YOU AGREE THAT IN NO EVENT WILL THE COMPANY ENTITIES BE
LIABLE FOR ANY CLAIMS, DEMANDS OR DAMAGES OF ANY KIND,
INCLUDING INDIRECT SPECIAL, EXEMPLARY, INCIDENTAL,
CONSEQUENTIAL OR PUNITIVE DAMAGES, HOWEVER CAUSED AND
UNDER ANY THEORY OF LIABILITY, WHETHER UNDER THESE TERMS OR
OTHERWISE ARISING IN ANY WAYIN CONNECTION WITH THE SERVICES
OR THESE TERMS AND WHETHER IN CONTRACT, STRICTLIABILITY OR
TORT (INCLUDING NEGLIGENCE OR OTHERWISE) EVEN IF THE COMPANY
ENTITIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.
THE COMPANY ENTITIES' TOTAL LIABILITY TO YOU FOR ANY DAMAGES
FINALLY AWARDED SHALL NOT EXCEED ONE HUNDRED DOLLARS
($100.00). THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE
ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
7.3 Indemnification. By entering into these Terms and accessing or using
the Services, you agree that you shall defend, indemnify and hold the
Company Entities harmless from and against any and all claims, costs,
damages, losses, liabilities and expenses (including attorneys' fees and costs)
incurred by the Company Entities arising out of or in connection with: (i)
your violation or breach of anyterm of these Terms or any applicable law
or regulation; (ii) your violation of any rights of any third party; (iii) your
use of the Services (including any purchases you make under any
Promotions); or (iv) your negligence or willful misconduct. If you are
obligated to indemnify any Company Entity hereunder, then you agree that
Company (or, at its discretion, the applicable Company Entity) will have the
right, in its sole discretion, to control any action or proceeding and to
determine whether Company wishes to settle, and if so, on what terms,
and you agree to fully cooperate with Company in the defense or settlement
of such claim.
8.ARBITRATION AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY - IT MAY SIGNIFICANTLY
AFFECT YOUR LEGAL RIGHTS, INCLUDINGYOUR RIGHT TO FILE A
LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT
CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND
A CLASS ACTION WAIVER.
8.1 InformalProcess First. You and the Company agree that in the event of
any dispute, either party will first contact the other party and make a
good faith sustained effort to resolve the dispute before resorting to more
formal means of resolution, including without limitation, any court action,
after firstallowing the receiving party 30 days in which to respond. Both
you and the Company agree thatthis dispute resolution procedure is a
condition precedent which must be satisfied before initiating any arbitration
againstthe other party.
8.2 Arbitration Agreement and Class Action Waiver. After the informal
dispute resolution process, any remaining dispute, controversy, or claim
(collectively, “Claim”) relating in any way to the Company's services and/or
products, including the Services, and any use or access or lack of access
thereto, will be resolved by arbitration, including threshold questions of
arbitrability of the Claim. You and the Company agree that any Claim will
be settled by final and binding arbitration, using the English language,
administered by JAMS under its Comprehensive Arbitration Rules and
Procedures (the “JAMS Rules”) then in effect (those rules are deemed to be
incorporated by reference into this section, and as of the date of these
Terms) and payment of all filing, administration and arbitrator costs and
expenses will be subject to the JAMS Schedule of Fees. Because your contract
with the Company, these Terms, and this Arbitration Agreement concern
interstate commerce, the Federal Arbitration Act (“FAA”) governs the
arbitrability of all disputes. However, the arbitrator will apply applicable
substantive law consistent with the FAAand the applicable statute of
limitations or condition precedent to suit. Arbitration will be handled by a
sole arbitrator in accordance withthe JAMS Rules. Judgment on the
arbitration award may be entered in any court that has jurisdiction. Any
arbitration under these Terms willtake place onan individual basis – class
arbitrations and Class Actions (as defined below) are not permitted. You
understand that by agreeing to these Terms, you and the Company are
each waiving the right to trial by jury or to participate in a Class Action or
class arbitration.
8.3 Exceptions. Notwithstanding the foregoing, you and the Company agree
that the following types of disputes will be resolved in a courtofproper
jurisdiction:
Claims within the jurisdiction of a small claims court consistent withthe
jurisdictionaland dollar limits that may apply, as long as it is brought and
maintained as an individual dispute and not as aclass, representative, or
consolidated action or proceeding;
Claims where the soleform of relief sought is injunctive relief (including
public injunctive relief); or
intellectual property Claims.
8.4 Opt-Out. You have the rightto opt-out and not be bound by the
arbitration provisions set forth in these Terms by sending written notice of
your decision to opt-out to the U.S. mailing address listed in the “How to
Contact Us” section of these Terms. The notice must be sent to the
Company within 30 days of your first registering touse the Services or
agreeing to these Terms; otherwise you shall be bound toarbitrate disputes
on a non-class basis in accordance with these Terms. If you opt-out of only
the arbitration provisions, and not also the Class Action waiver, the Class
Action waiver still applies. You may not opt-out of only the Class Action
waiver and not also the arbitration provisions. If you opt-out of these
arbitration provisions, the Company also will not be bound by them.
8.5 Batch Arbitration. To increase the efficiency of administration and
resolution of arbitrations, you and the Company agree that in the event
that there are 100 or more individual Claims of a substantially similar
nature filed against the Company by or with the assistance of the same law
firm, group of law firms, or organizations, then within a 30-day period (or
as soon as possible thereafter), JAMS shall (i) administer the arbitration
demands in batches of 100 Claims per batch (plus,to the extent there are
less than 100 Claims left over after the batching described above,a final
batch consisting of the remaining Claims); (ii) appoint one arbitrator for
each batch; and (iii) provide for the resolution of each batch as a single
consolidated arbitration with one set of filing and administrative fees due
per side per batch, one procedural calendar, one hearing (if any) in a place
to be determined by the arbitrator, and one final award(“Batch
Arbitration”). All parties agree that Claimsare of a “substantially similar
nature” if they arise out of or relate to the same event or factual scenario
and raise the same or similar legal issues and seek the same or similar relief.
To the extent the parties disagree on the application of the Batch
Arbitration process, the disagreeing party shall advise JAMS, and JAMS
shall appoint a sole standing arbitrator to determine the applicability of the
Batch Arbitration process(“Administrative Arbitrator”). In an effort to
expedite resolution of any such dispute by the Administrative Arbitrator,
the parties agree the Administrative Arbitrator may set forth such
procedures as are necessary to resolve any disputes promptly. The
Administrative Arbitrator's fees shall be paid by the Company. You and the
Company agree to cooperate in good faith with JAMS to implement the
Batch Arbitration process including the payment of single filing and
administrative fees for batches ofClaims, as well as any steps to minimize
the time and costs of arbitration, which may include: (a) the appointment
of a discovery special master to assist the arbitrator in the resolution of
discovery disputes; and (b) the adoption of an expedited calendar of the
arbitration proceedings. This Batch Arbitration provision shall in no way be
interpreted as authorizing a class, collective and/or mass arbitration or
action of any kind, or arbitration involving joint or consolidated claims
under any circumstances, except as expressly set forth in this provision.
8.6WAIVER OF RIGHT TO BRING CLASS ACTION AND REPRESENTATIVE
CLAIMS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW,
YOU AND THE COMPANY EACH AGREE THAT ANY PROCEEDING TO
RESOLVE ANYDISPUTE, CLAIM OR CONTROVERSY WILL BE BROUGHT
AND CONDUCTED ONLY IN THE RESPECTIVE PARTY'S INDIVIDUAL
CAPACITY AND NOT AS PART OF ANY CLASS (OR PURPORTED CLASS),
CONSOLIDATED, MULTIPLE-PLAINTIFF, OR REPRESENTATIVE ACTION OR
PROCEEDING (“CLASS ACTION”). YOU AND THE COMPANY AGREE TO
WAIVE THE RIGHT TO PARTICIPATE AS A PLAINTIFF OR CLASS MEMBER
IN ANY CLASS ACTION. YOU AND THE COMPANY EXPRESSLY WAIVE ANY
ABILITY TO MAINTAIN A CLASS ACTION IN ANY FORUM. IF THE DISPUTE
IS SUBJECT TO ARBITRATION, THE ARBITRATOR WILL NOT HAVE THE
AUTHORITY TO COMBINE OR AGGREGATE CLAIMS, CONDUCT A CLASS
ACTION, OR MAKE AN AWARD TO ANY PERSON OR ENTITY NOT A
PARTY TO THE ARBITRATION. FURTHER, YOU AND THE COMPANY
AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS
FOR MORE THAN ONE PERSON'S CLAIMS, AND IT MAY NOT OTHERWISE
PRESIDE OVER ANY FORM OF A CLASS ACTION. FOR THE AVOIDANCE
OF DOUBT, HOWEVER, YOU CAN SEEK PUBLIC INJUNCTIVE RELIEF TO
THE EXTENT AUTHORIZED BY LAW AND CONSISTENT WITH THE
EXCEPTIONS CLAUSE ABOVE. IF THIS CLASS ACTION WAIVER IS
LIMITED, VOIDED, OR FOUND UNENFORCEABLE, THEN, UNLESS THE
PARTIES MUTUALLY AGREE OTHERWISE,THE PARTIES' AGREEMENT TO
ARBITRATE SHALL BE NULL AND VOID WITH RESPECT TOSUCH
PROCEEDING SO LONG AS THE PROCEEDING IS PERMITTED TO
PROCEED AS A CLASS ACTION. IF A COURT DECIDES THAT THE
LIMITATIONS OF THIS PARAGRAPH ARE DEEMED INVALID OR
UNENFORCEABLE, ANY PUTATIVE CLASS, PRIVATE ATTORNEY
GENERAL, OR CONSOLIDATED OR REPRESENTATIVE ACTION MUST BE
BROUGHT IN A COURT OF PROPER JURISDICTION AND NOT IN
ARBITRATION.
9.ADDITIONAL PROVISIONS
9.1 Updating These Terms. We may modify these Terms from time to time
in which case we will update the“Last updated” date at the top of these
Terms. If we make changes that are material, we will use reasonable efforts
to attempt to notify you, such as by e-mail and/or by placing aprominent
notice on the first page of theWebsite. However, it is your sole responsibility
to review these Terms from time totime to view any such changes. The
updated Terms will be effective as of the time ofposting, or such later date
as may be specified in the updated Terms. Your continued access or use of
the Services after the modifications have become effective will bedeemed
your acceptance of the modified Terms. No amendment shall apply to a
dispute for which an arbitration has been initiated prior to the change in
Terms.
9.2 Termination of License and Your Account. If you breach any of the
provisions of these Terms, all licenses granted by the Company will
terminate automatically. Additionally, the Company may suspend, disable,
or delete your Account and/or the Services (or any part ofthe foregoing)
with or without notice, for any or noreason. All sections which by their
nature should survive the termination of these Terms shall continue in full
force and effect subsequent to and notwithstanding any termination of
these Terms by the Company or you. Termination will notlimit any of the
Company's other rights or remedies at law or in equity.
9.3 Injunctive Relief. You agree that a breach of these Terms will cause
irreparable injury tothe Company for which monetary damages would not
be an adequate remedy and the Company shallbe entitled to equitable relief
in addition to any remedies it may have hereunder or at law without a
bond, other security or proof of damages.
9.4 California Residents. If you are a California resident, in accordance with
Cal. Civ. Code § 1789.3, you may report complaints to theComplaint
Assistance Unit of the Division of Consumer Services of the California
Department of Consumer Affairs by contacting them in writing at 1625
North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone
at (800) 952-5210.
9.5 Miscellaneous. Ifany provision of these Terms shall be unlawful, void or
for any reason unenforceable, then that provision shall be deemed severable
from these Terms and shall not affect the validity and enforceability of any
remaining provisions. These Terms and the licenses granted hereunder may
be assigned by the Company but may not be assigned by you without the
prior express written consent of the Company. No waiver by either party of
any breach or default hereunder shall be deemed to be a waiver of any
preceding or subsequent breach or default. The section headings used herein
are for reference only and shall not be read to have any legaleffect. The
Services are operated by us in the United States. Those who choose to access
the Services from locations outside the United States do so at their own
initiative and are responsible for compliance with applicable locallaws.
These Terms are governed by the laws of the State of California, without
regard to conflict oflaws rules, and the proper venue for any disputes
arising out of or relating to any of the same will be the arbitration venue
set forth in Section 8,or if arbitration does not apply, then the state and
federal courts located in San Francisco, California.
9.6 How to Contact Us.You may contact us regarding the Services or these
Terms at:
YAW
2627 Hanover Street
Palo Alto, CA 94304