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Terms of Use

Your use of our site constitutes your agreement to be bound by the following terms and conditions. Please read them carefully before using the site. If you do not agree with any part of these terms of use, you must not use our site.

Your Account

You may choose to register at our Site. If you do, you will have an email address/username and password for your account. You are responsible for maintaining the confidentiality of your account, username and password and for restricting access to your computer. You agree to accept responsibility for all activities that occur under your account, username and/or password. You agree to provide only accurate, truthful information. We reserve the right to refuse service and/or terminate accounts without prior notice if you violate these Terms and Conditions or if we decide, in our sole discretion, that it would be in Yanbal’s best interests to do so.

Your UserLicense

You are granted a limited, nonexclusive, nontransferable license to access the Site and its content in accordance with these Terms of Use. If you are under 18, you may use our Site only with the involvement of a parent or guardian. Our Site is hosted in the United States but contains some general information that is appropriate for global access and use. We make no representation that all materials on the Site are appropriate or available for use in locations outside the U.S., and accessing them from territories where their contents are illegal is prohibited. Any references on the Site to specific products and services are applicable only to those available in the U.S., and any product claims and comparisons to other products on the Site apply within the U.S. only. If you access this Site from other locations, you may choose to link to a local affiliate Web site where you will find information concerning product availability, claims, and comparisons applicable in your location (See Links to Affiliate Web Sites, below). Those who access this Site from other locations do so on their own initiative and are responsible for compliance with local laws, including laws regarding the transmission of technical data exported from the U.S. or the territory in which they reside. We reserve the right to refuse service in our sole discretion and without notice. You are solely responsible for your use of the Site, and you agree to compensate, hold harmless, and defend us from any claims, damages, losses, liabilities, costs, and expenses, including attorneys’ fees, resulting from your use or misuse of the Site. Posting or transmitting any unlawful, threatening, libelous, defamatory, obscene, indecent, inflammatory, pornographic, or profane material, or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability, or otherwise violate any law, is strictly prohibited.

Representations and warranties

Limitation of Liability. The Yanbal websites are provided “as is” without warranties of any kind, either express or implied, including, but not limited to, implied warranties of title, merchantability and fitness for a particular purpose. Yanbal makes no representation or warranty as to the accuracy, reliability, timeliness or completeness of any material on or accessible through the Yanbal websites. Any reliance on or use of such material shall be at your sole risk. Yanbal makes no representation or warranty that the Yanbal websites will be available on a timely basis or will be uninterrupted or error free, that defects will be corrected, or that the Yanbal websites or the servers that makes them available are free of viruses or other harmful components. Regardless of the form of action, whether in contract, tort or otherwise, in no event will Yanbal or its affiliates, including, without limitation, their respective officers, directors, employees, successors and assigns, be liable to any party for: (i) any indirect, special, exemplary, punitive, incidental, consequential (including, but not limited to, damages for business interruption, loss of business and other profits, loss of programs, cost of replacing equipment or software or loss of records, information or data), or any other damages arising in any way out of the availability, use, reliance on, or inability to use the Yanbal sites, even if Yanbal shall have been advised of the possibility of such damages; or (ii) any claim attributable to errors, omissions, or other inaccuracies in, or destructive properties of the Yanbal sites. 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, Yanbal’s liability shall be limited to the extent permitted by law (thereby minimizing Yanbal’s liability to you to the lowest amount that applicable law permits).

Indemnification

You agree to indemnify, defend, and hold harmless Yanbal, its officers, directors, employees, agents, licensors and suppliers (collectively the “Provider”) from and against all loss, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your Internet account (including negligence or wrongful conduct), by you or any other person accessing the Site using your Internet account.

Third Party Links

We are not responsible for the content of any off-Website pages or any other websites linked to or from the Website. Links appearing on the Website are for convenience only and are not an endorsement by us, our affiliates or our partners of the referenced content, product, service, or supplier. Your linking to or from any off-Website pages or other websites is at your own risk. We are in no way responsible for examining or evaluating, and we do not warrant the offerings of, off-Website pages or any other websites linked to or from the Website, nor do we assume any responsibility or liability for the actions, content, products, or services of such pages and websites, including, without limitation, their privacy statements and terms and conditions. You should carefully review the terms and conditions and privacy policies of all off-Website pages and other websites that you visit.

Intellectual Property Rights

Copyright - The Site design, text, content, selection and arrangement of elements, organization, graphics, compilation, magnetic translation, digital conversion and other matters related to the Site are protected under applicable copyright laws, ALL RIGHTS RESERVED. The posting of any such elements on the Site does not constitute a waiver of any right in such elements. You do not acquire ownership rights to any such elements viewed through the Site. Except as otherwise provided herein, none of these elements may be used, copied, reproduced, downloaded, posted, displayed, transmitted, modified, or distributed in any form or by any means, including, without limitation, electronic, mechanical, photocopying, recording, or otherwise, without our prior written permission. Trademark — YANBAL, the logo, and all product names, company names, and other logos, unless otherwise noted, are trademarks and/or trade dress of YANBAL, in the United States, or its affiliates or other companies under common ownership or control (the “Marks”). All other trademarks, product names, company names, logos, service marks, and/or trade dress mentioned, displayed, cited or otherwise indicated on the Site are the property of their respective owners. The use or misuse of any Marks or any other materials contained on the Site, without the prior written permission of their owner, is expressly prohibited.

Applicable Law

Your use of this Site shall be governed in all respects by the laws of the state of Florida, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this Site (including but not limited to the purchase of Yanbal (products) shall be in the state or federal courts located in Broward County, Florida. Any cause of action or claim you may have with respect to the Site (including but not limited to the purchase of Yanbal (products) must be commenced within one (1) year after the claim or cause of action arises. Yanbal’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Yanbal may assign its rights and duties under this Agreement to any party at any time without notice to you.  Yanbal makes no representation that materials in the Site are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. Those who choose to access this Site from locations outside Florida do so on their own initiative and are responsible for compliance with applicable local laws. You may not use or export the materials in violation of U.S. export laws and regulations. Any claim relating to the materials shall be governed by the internal substantive laws of the State of Florida.

ARBITRATION

By using this Site, you agree that Yanbal, at its sole discretion, may require you to submit any disputes arising from the use of this Site, or these Terms and Conditions concerning or, including disputes arising from or concerning their interpretation, violation, nullity, invalidity, non-performance or termination, as well as disputes about filling gaps in this contract or its adaptation to newly arisen circumstances, to final and binding arbitration under the International Rules of Arbitration of the American Arbitration Association, by one or more arbitrators appointed in accordance with the said Rules. Notwithstanding these rules, however, such proceeding shall be governed by the laws of the state as set forth in the previous section. Any award in an arbitration initiated under this clause shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator(s) shall have no authority to award punitive, consequential or other damages not measured by the prevailing party's actual damages in any arbitration initiated under this section, except as may be required by statute.

GENERAL

You acknowledge and agree that these Terms and Conditions, which include our Privacy Policy, constitute the complete and exclusive agreement between us concerning your use of the Site, and supersede and govern all prior proposals, agreements, or other communications. We reserve the right, in our sole discretion, to change these Terms and Conditions at any time by posting the changes on the Site. Any changes are effective immediately upon posting to the Site. Your continued use of the Site constitutes your agreement to all such terms and conditions. We may, with or without prior notice, terminate any of the rights granted by these Terms and Conditions. You shall comply immediately with any termination or other notice, including, as applicable, by ceasing all use of the Site. Nothing contained in these Terms and Conditions shall be construed as creating any agency, partnership, or other form of joint enterprise between us. Our failure to require your performance of any provision hereof shall not affect our full right to require such performance at any time thereafter, nor shall our waiver of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of these Terms and Conditions shall be unenforceable or invalid under any applicable law or be so held by any applicable arbitral award or court decision, such unenforceability or invalidity shall not render these Terms and Conditions unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.

If you have any questions regarding these Terms and Conditions, please contact us at customerservice@yanbal-int.com

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