Conditions Of Use
Welcome to the yDecision.com Web site (“YDC” or “site”), which is owned and operated by yDecision, a division of MaximoMedia Inc. (collectively, “yDecision”). To use the services offered at YDC or by any of yDecision’s affiliates, you must agree to the following conditions. If you visit or shop at YDC, you accept these conditions. Please read them carefully.
In addition, when you use any current or future YDC service or visit or purchase from any business affiliated with YDC, whether or not included in the YDC Web Site, you will be subject to both this Conditions of Use agreement and the guidelines and conditions applicable to such service or business.
Please review our Privacy Notice, which also governs your visit to YDC, to fully understand our practices.
2. ELECTRONIC COMMUNICATIONS
A. Legal Satisfaction. When you visit YDC or send e-mails to us, you are communicating with us electronically.
B. Consent. By communicating with us, you consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
3. COPYRIGHT PROTECTION
All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of yDecision or its content suppliers and protected by United States and international copyright laws. The compilation of all content on this site is the exclusive property of yDecision and protected by U.S. and international copyright laws. All software used on this site is the property of yDecision or its software suppliers and protected by United States and international copyright laws.
A. Protected Marks. yDecision, and other marks indicated on our site are trademarks of yDecision, its affiliates, or its subsidiaries, in the United States and other countries.
B. Protected Graphics. All YDC graphics, logos, page headers, button icons, scripts, and service names are trademarks or trade dress of yDecision, or its affiliates or subsidiaries. yDecision's trademarks and trade dress may not be used in connection with any product or service that is not yDecision’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages, or discredits yDecision or this Web site. All other trademarks not owned by yDecision, its affiliates, or its subsidiaries that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by yDecision, its affiliates, or subsidiaries.
5. PATENT PENDING
Certain aspects of this Web site are patent pending
6. LICENSE AND SITE ACCESS
A. General. yDecision grants you a limited license to access and make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of yDecision.
B. No License for Commercial Sale. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.
C. No Reproduction. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of yDecision.
D. No Framing. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of yDecision and its affiliates without express written consent.
E. "Metatags.” You may not use any metatags or any other "hidden text" utilizing yDecision or its affiliates’ name or trademarks without the express written consent of yDecision. Any unauthorized use terminates the permission or license granted by yDecision.
F. Linking. You are granted a limited, revocable, and nonexclusive right to create a hyper-link to the home page of YDC as long as the link does not portray the site or yDecision, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive manner. You may not use any logo or other proprietary graphic or trademark from YDC as part of the link without yDecision’s express written permission.
7. YOUR ACCOUNT
A. Protection of Your Account. By using this site, you agree that you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password.
B. Use by Children. As discussed further in the site Privacy Notice, yDecision does not sell products to children, but it sells them to adults, who can purchase with a credit card. If you are under age 18, you may use YDC only with involvement of a parent or guardian.
C. Refusal of Service. yDecision and its affiliates reserve the right to refuse service, terminate accounts, or cancel orders in their sole discretion or as required by applicable law for violation of any provision of these Conditions of Use.
8. COPYRIGHT COMPLAINTS
yDecision and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please refer to the Copyright Infringement Claim Instructions on this site.
9. PRODUCT DESCRIPTIONS
yDecision and its affiliates attempt to be as accurate as possible. However, yDecision makes no warranties that the product or service descriptions and any other content of this site are accurate, complete, reliable, current, or error-free. If a product or service offered by YDC itself is not as described, your sole remedy is limited to the remedy described in the yDecision Option Terms and Conditions provided with your purchase.
10. OTHER BUSINESSES
A. General. This site provides links to the sites of certain other businesses.
B. No Warranties. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or the content of their Web Sites. yDecision does not assume any responsibility or liability for the actions, products, services, and content of all these and any other third parties. You should carefully review their privacy statements and other conditions of use.
11. DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THIS SITE IS PROVIDED BY yDecision ON AN "AS IS" AND "AS AVAILABLE" BASIS. yDecision MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THIS SITE OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THIS SITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THIS SITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, yDecision DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. yDecision DOES NOT WARRANT THAT THIS SITE, ITS SERVERS, OR E-MAIL SENT FROM yDecision ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. yDecision WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THIS SITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
12. GOVERNING LAW
By visiting YDC, you agree that the laws of the State of California, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and yDecision or its affiliates.
A. Arbitration and Venue. Any dispute relating in any way to your visit to YDC or to products you purchase through YDC shall be submitted to confidential arbitration in Los Angeles, California, except that, to the extent you have in any manner violated or threatened to violate yDecision’s intellectual property rights, yDecision may seek injunctive or other appropriate relief in any state or federal court in the State of California, and you consent to exclusive jurisdiction and venue in such courts. Arbitration under this agreement shall be conducted under the rules then prevailing of the American Arbitration Association.
B. Finality of Arbitration. The arbitrator's award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under this Agreement shall be joined to an arbitration involving any other party subject to this Agreement, whether through class arbitration proceedings or otherwise.
14. SITE POLICIES, MODIFICATION, AND SEVERABILITY
Please review our other policies posted on our site. These policies also govern your visit to YDC. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.
311 E. Warm Springs
Las Vegas, Nevada 89119