These Terms of Service are effective as of February 19, 2024

Our aim is to create legal policies that are as fair and clear as possible, a challenge that is seldom undertaken and rarely achieved. The task of balancing genuine and substantial tensions between general readability and legal precision is difficult. Contractual text, similar to software code, is designed to be functional, with both attempting to ensure predictable outcomes. However, this often results in “legalese,” which, while familiar and comforting to attorneys, can be off-putting or frustrating to everyone else.

As with every other part of ImportYeti, developing our policies is an ongoing process. We try to build our brand off our customers loving us. If you have any questions or feedback, please feel free to reach out to our founder, Dave Applegate, directly at [email protected].

ACCEPTANCE OF THESE TERMS

The following are the terms of an agreement between ImportYeti (collectively, “We, Our, Us, the Services, ImportYeti services”) and you (or the legal entity you represent). These Terms of Use govern your use of our products and services, however accessed, by website, located at https://www.importyeti.com/, mobile apps or other means and any other products and services that We may provide now or in the future (collectively, the “Services” “Products”). Visitors and users of the Services are referred to individually as “User” and collectively as “Users”

By using this website and the ImportYeti services, you acknowledge that you have read, understand, and agree to be bound by these terms in their entirety, and to comply with all applicable laws and regulations. If you do not agree to these terms, please do not use this website or the ImportYeti services.

These terms include several other important policies that you should know about. You can review our Privacy Notice, which outlines our practices towards any personal data that you may provide or we otherwise collect; our Refund Policy, which explains when and how refunds may be applied; our Cancellation Policy, which describes how to cancel your account; and our Alternative dispute resolution policy, which outlines how disputes will be resolved through mediation and, if necessary, arbitration.

We may, without notice to you, at any time, revise these Terms of Service and any other information contained in this website. We may also make improvements or changes to the ImportYeti services, and any other products, services, or programs described in this site, at any time without notice.

IMPORTANT NOTICE - ARBITRATION AGREEMENT:BY AGREEING TO BE BOUND BY THIS AGREEMENT, YOU AGREE THAT ALL DISPUTES BETWEEN US WILL BE RESOLVED BY BINDING ARBITRATION.

The keynotes in the right margin are for informational purposes only. They are not legally binding and do not alter these terms. In case of any conflict, these Terms of Service shall prevail. They are not a substitute for legal advice.

1. You and the individuals authorized by you to register accounts with the Services (“Users”) must be at least 18 years of age to use this website and the ImportYeti services. Users must be human. Accounts registered by “bots” or other automated methods are not permitted.
2. As part of the registration creation process, each User creates login credentials by selecting a password and providing an e-mail address. Users must provide true, accurate, current, and complete information as prompted by the registration form, or at any other time, and You also agree to maintain and update the information as necessary.
3. Users may not share their login credentials or give their login credentials to anyone else. Each user is responsible for maintaining the confidentiality of their password. A user may not impersonate another user, use another user's account, permit someone else to use their account, or attempt to capture or guess other users' passwords. You must immediately notify us of any unauthorized use of your password.
4. You agree that we may, for any or no reason, and without penalty, discontinue in whole or in part, cancel or suspend your (or any User's) access to and use of this website or the Services at any time, with or without notice.

1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card or sell your data.
2. We process refunds according to our refund policy
3. You are solely responsible for properly canceling your account. You can find instructions for how to cancel your account in our cancellation policy.

1. ImportYeti grants you the limited, revocable, non-transferable permission to access this website as a customer or potential customer of ImportYeti and to access and use the ImportYeti services, for your own personal, internal, non-commercial purposes, subject to your compliance with these Terms of Service. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the information, data, and content you access on or through this site) All other use of this site is prohibited.
2. Except for the limited permission above, ImportYeti does not grant you any express or implied rights or licenses under any patents, trademarks, copyrights, or other proprietary or intellectual property rights.
3. You will not distribute, transfer, sub-license, rent, lend, transmit, sell, re-circulate, repackage, assign, lease, resell, publish, copy, translate, convert, decompile, reverse engineer, alter, enhance, disassemble, modify, or change all or any portion of the ImportYeti services (including this website and any mobile apps).
4. You will not use, any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this website or the Services. You will not harvest or collect information about website visitors or any customer of ImportYeti without their express prior written consent.
5. You will not circumvent or attempt to circumvent the features of the Services to obtain information or data by other means.
6. You will not use the Services to create, contribute to or assist a competitive product or service, or to compile information useful for a commercial product or service.

You will not use the Services:

• To violate any federal, state, local, or other laws or regulations.
• To violate or infringe third party rights, including privacy and intellectual property rights.
• To post or transmit advertising or commercial solicitations, mass mailings, or spam.
• To post or transmit promotional materials relating to website or online services that are competitive with this website or the Services.
• For malicious or illegal activities or purposes
• To send or store anything containing software viruses, worms, time bombs, Trojan horses, or other harmful or disruptive computer code, files, scripts, agents, or programs.
• To interfere with or disrupt the integrity or performance of the website or Services.
• To attempt to gain unauthorized access to the Services or its related systems or networks.
• To take any action that results in an unreasonable load on our infrastructure.
• To use any third-party software to interfere with or attempt to interfere with the Services.
• To forge headers or otherwise manipulate identifiers for the purpose of disguising the origin of any content you transmit, conduct fraudulent business operations or practices, or promote or conceal unlawful conduct.
• You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine,” or in any way reproduce or circumvent the navigational structure or presentation of this website or the Services. You will not harvest or collect information about website visitors or any customer of ImportYeti without their express prior written consent.
• You will not circumvent or attempt to circumvent the features of the Services to obtain information or data by other means.
• You will not use the Services to create, contribute to or assist a competitive product or service, or to compile information useful for a commercial product or service.

1. This website and the ImportYeti Services, and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by ImportYeti, its licensors, or other providers of such materials, and are protected by U.S. and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
2. The ImportYeti name, logomark, and all related names, logos, product and service names, designs, and slogans are trademarks and trade dress owned by us. ImportYeti images and icons may be used by third party sites in connection with providing appropriate links to the ImportYeti website.
3. We do not want to receive confidential information from you. Note that any information or material sent to us will be deemed NOT confidential, and provided with an unrestricted, irrevocable license to copy, reproduce, publish, upload, post, transmit, distribute, publicly display, perform, modify, create derivative works from, and otherwise freely use, those materials or information. You agree that we are free to use any ideas, concepts, know-how, or techniques that you send us for any purpose.
4. We shall not, under any circumstances, be liable for any content or materials from third parties, including users. For example (Facebbok® and Instagram® are the registered trademarks of Meta Platforms, Inc. in the United States and other countries. Google® is a registered trademark of Google LLC. and/or its affiliates. Twitter® is a registered trademark of Twitter, Inc. or its subsidiaries in the United States and/or other countries.) This includes but is not limited to, errors or omissions in any content or any loss or damage resulting from the use of such content. We may remove any content that violates these Terms of Service or is deemed objectionable by Us in its sole discretion. You agree that you must assess and assume all risks associated with using any content, including reliance on its accuracy, completeness, or usefulness.

1. WE PROVIDE THE SERVICES “AS IS”, AS AVAILABLE, WITH ALL FAULTS, WITHOUT REPRESENTATION, WARRANTY OR GUARANTEE OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, OR REGARDING RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS. WE HEREBY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. USE OF THE SERVICES IS AT YOUR SOLE RISK.
2. We do not guarantee the continuous availability of the Services or of any specific feature(s) of the Services. We may change the Services, impose usage or service limits, suspend service, or block certain kinds of usage at our sole discretion. The security, accuracy, and timeliness of data are not guaranteed; loss, errors, delays, or omissions may occur. Please confirm the accuracy and completeness of information before using it to make decisions.

IN NO EVENT WILL IMPORTYETI AND ITS SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES, SUPPLIERS, AND LICENSORS (“IMPORTYETI PARTIES”) BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON AS A RESULT OF YOUR ACCESS OR USE OF THE SERVICES FOR INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST PROFITS, LOST SAVINGS, LOST REVENUES, OR LOST GOODWILL.

IN NO EVENT WILL THE IMPORTYETI PARTIES BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORMS, ANY WEBSITES LINKED TO IT, ANY DATA AND CONTENT ON THE PLATFORMS OR SUCH OTHER WEBSITES. THESE LIMITATIONS APPLY WHETHER THE ALLEGED LIABILITY IS BASED ON NEGLIGENCE, TORT, CONTRACT, OR OTHER THEORY OF LIABILITY, EVEN IF ANY OF THE IMPORTYETI PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN ANY OF THE EXCLUDED DAMAGES, AND IRRESPECTIVE OF ANY FAILURE OF AN ESSENTIAL PURPOSE OF A LIMITED REMEDY.

IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN THE IMPORTYETI PARTIES' LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.

NOTWITHSTANDING THE FOREGOING, IN NO EVENT SHALL THE TOTAL LIABILITY OF IMPORTYETI, FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, OR OTHERWISE, EXCEED THE AGGREGATE DOLLAR AMOUNT PAID BY THE USER CLAIMANT TO IMPORTYETI IN THE TWELVE MONTHS PRIOR TO THE CLAIMED LOSS, DAMAGES OR OTHER SUCH ALLEGED EVENT GIVING RISE TO THE BASIS OF CLAIM.

You hereby agree to indemnify and hold harmless ImportYeti, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors, and assigns from and against all claims, losses, expenses, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable attorneys' fees, resulting from or arising out of:

1. breach of this Agreement,
2. violation of any rights of a third party,
3. violation of law or willful misconduct, and
4. use of the Services, by you or any person using your account.

This Agreement shall be governed by the laws of the State of California without regard to its conflict of laws provisions.

The parties agree that any and all disputes, claims or controversies arising out of or relating to this Agreement, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be submitted to JAMS, or its successor(a neutral arbitrator), for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration, per our Alternative Dispute Resolution Policy

Arbitration will be in Los Angeles, California before one arbitrator. The arbitration shall be administered pursuant to the JAMS Streamlined Arbitration Rules and Procedures, or if you reside outside of the United States, the JAMS International Arbitration Rules. Judgment on the award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORMS MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

1. This Agreement represents the entire agreement and understanding between the parties. This Agreement shall supersede any and all other agreements, verbal or otherwise, concerning this subject matter. No amendments or modifications shall be binding unless made in writing and signed by both of parties.
2. Our failure to enforce any provision of this Agreement or to respond to a breach by you shall not in any way constitute a waiver of our right to enforce later any terms or conditions or to act with respect to similar breaches.
3. If a provision of this Agreement is held invalid or unenforceable for any reason, that provision will be deemed severable and shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the intention of the parties. The validity and enforceability of any remaining provisions will not be affected, and such provisions shall remain in full force and effect.

YOUR COMMENTS AND CONCERNS

If you have a question about any of these terms and conditions, please contact our Support team.