Terms of service
TERMS OF SERVICE
Welcome to the YCO Active (“YCO Active,” “we,” “us” or “our”) website, (the "Site"). YCO Active offers this Site as a service to our customers. Please review the following terms and conditions which govern your use of the Site (the “Terms”)
YOUR USE OF THE SITE CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE FOLLOWING TERMS. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THESE TERMS AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THESE TERMS PERIODICALLY TO STAY INFORMED ABOUT THE USE OF OUR SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.
Through the Site, you can purchase fitness and lifestyle apparel from YCO Active, purchase YCO Active gift cards, and learn about the latest trends in fitness, dance, wellness, and other topics. We reserve the right to refuse service to anyone for any reason at any time. You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks.
Certain products or services are available exclusively through the Site. We have made every effort to display as accurately as possible the colors and styles of our products that appear on the Site. We cannot guarantee that your computer monitor's display of any color or style will be accurate. The prices displayed on the Site are quoted in U.S. Dollars and are subject to change without notice. Certain products may have limited quantities and are subject to return or exchange only through the Site according to the applicable shipping and return policy.
Accuracy of Billing and Account Information
We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We may limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.
You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed
User Comments, Feedback, and Other Submissions
YCO Active welcomes your comments regarding our products and services. If, at our request, you send certain specific submissions (for example, contest entries, customer reviews or photographs) or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, "Comments"), you agree that YCO Active may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any Comments that you forward to YCO Active YCO Active is and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments. YCO Active has the right but not the obligation to monitor and edit or remove any Comments.
You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead YCO Active or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. YCO Active takes no responsibility and assumes no liability for any Comments posted by your or any third party.
Personal Information Submitted Through the Site
YCO Active respects the intellectual property of others. If you believe that your work has been copied in any way that constitutes copyright infringement, please follow our Notice and Procedure for Making Claims of Copyright Infringement.
Errors, Inaccuracies, and Omissions
Occasionally there may be information on our Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order)..
Unless otherwise noted, the Site, and all features and materials on the Site, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the "Contents"), are owned, controlled or licensed by YCO Active. The Site and Contents are intended solely for personal, non-commercial use. You may not reproduce publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.
Disclaimer of Warranties; Limitation of Liability
We do not guarantee, represent or warrant that your use of our Site will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Site will be accurate or reliable. You agree that from time to time we may remove access to the Site for indefinite periods of time or cancel the Site at any time, without notice to you. You expressly agree that your use of, or inability to use, the Site is at your sole risk. The Site and all products and services delivered to you through the Site are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.
In no case shall YCO Active, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.
You agree to defend, indemnify and hold YCO Active our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, made by any third-party due to or arising out of your use of the Site and/or your breach of any representation, warranty, or other provision of these Terms or the documents they incorporate by reference, or your violation of any law or the rights of a third-party..
These Terms are effective unless and until terminated by either you or YCO Active. You may terminate these Terms at any time. YCO Active also may terminate these Terms at any time without notice, and accordingly may deny you access to the Site if, in our sole judgment, you fail or we suspect that you have failed to comply with any term or provision of these Terms. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.
These Terms and any separate agreement whereby Yco Active provides service to you shall be governed by the laws of the State of California, without regard to choice of law principles.
The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision or of YCO Active's right to require strict observance of the Terms. If any provision is found to be unenforceable or invalid for any reason, that provision shall be severable, and all other provisions shall remain in full force and effect. These Terms and any policies or operating rules posted by us on this Site constitutes the entire agreement and understanding between you and us, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.