TERMS AND CONDITIONS OF USE
All users of this website agree to the following terms and conditions of use.
PLEASE READ CAREFULLY BEFORE USING THIS WEBSITE. BY USING THIS WEBISTE YOU ARE INDICATING YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS DO NOT USE THIS WEBSITE.
YDP4Life, LLC, AN IDAHO LIMITED LIABILITY COMPANY, AND ITS SUCCESSORS AND ASSIGNS (“YDP4LIFE”) MAY MODIFY THESE TERMS AND CONDITIONS AT ANY TIME.
Restrictions on Use of Materials
This website is copyright protected. Any textual or graphic material you copy, print or download is licensed to you by YDP4Life for your personal non-commercial home use only, provided that you do not change or delete any copyright or other proprietary notices.
Disclaimer and Limitations of Liability
YDP4Life may change, move or delete portions of, or may add to, this website at any time and from time to time.
THE MATERIALS FURNISHED ON THIS WEBSITE ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSABLE PURSUANT TO APPLICABLE LAW, YDP4LIFE DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. YDP4LIFE DOES NOT WARRANT THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION CONTAINED ON THIS SITE NOR DOES IT WARRANT THAT THE MATERIALS, THIS SITE OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YOU (AND NOT YDP4LIFE) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR AND CORRECTION.
UNDER NO CIRCUMSTANCES, INCLUDING WITHOUT LIMITATION YDP4LIFE’s NEGLIGENCE, WILL YDP4LIFE BE LIABLE TO USERS OR TO ANY THIRD PARTY FOR ANY LOST PROFITS, LOST SAVINGS, OR OTHER INDIRECT SPECIAL, COVER , EXEMPLARY, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR RELTAED TO THIS AGREEMENT OR TO THE USE OR INABILITY TO USE THIS WEBSITE.
User’s sole and exclusive remedy, if it is dissatisfied with this website or with any terms, conditions, rules, policies, guidelines, or practices of YDP4Life is to discontinue using this website.
User will indemnify and hold harmless YDP4Life and its affiliates, employees, officers, directors, agents, licensors, successors and assigns from all damages and liability, including without limitation reasonable attorney’s fees incurred as a result of:
User’s violation of its obligations under this Agreement;
The negligent or willful acts of User;
The violation of User or YDP4Life or any third party’s rights, including without limitation privacy rights, other property rights, trade secret, proprietary information, trademark, copyright, or patent rights, and claims for libel, slander, or unfair trade practices in connection with the use or operation of this website. User’s obligation to indemnify will survive the expiration or termination of this Agreement by either party for any reason.
Links to Other Web Sites
YDP4Life makes no representation whatsoever regarding the content of any other web sites which you may access from this site. When you access a non- YDP4Life web site, please understand that it is independent from YDP4Life and that YDP4Life has no control over the content on that website. A link to a non- YDP4Life website does not mean that YDP4Life endorses or accepts any responsibility for the content or use of such web site.
User may not use this website (i) in violation of this Agreement; (ii) to infringe on, violate, dilute or misappropriate the intellectual property rights of any third party or any rights of publicity or privacy; (iii) to violate an law, statute, ordinance or regulation; (iv) to store or post defamatory, inflammatory, trade libelous, threatening, or harassing date; or (v) in any application that may involve risks of death, personal injury, property damage or environmental damage.
General Representations and Warranties
Each party hereto represents and warrants that (i) he, she or it has the full right, power and authority (including corporate right, power and authority, as applicable) to enter into this Agreement; (ii) the acceptance of this Agreement and the performance of the obligations and duties thereunder does not and will not violate any agreement to which he, she or it is a party to or is otherwise bound; and (iii) when accepted this Agreement will constitute the legal, valid and binding obligating of such party, in accordance with its terms.
User agrees to comply with all applicable federal and state laws and regulations in its use of this website.
Should any viewer of a document on this website respond to YDP4Life with information including feedback data, such as questions, comments, suggestions, or the like regarding the site, or the content of any item, such information shall be deemed to be non-confidential and YDP4Life shall have no obligation of any kind with respect to such information. In addition, YDP4Life shall be free to reproduce, use, disclose, display, exhibit, transmit, perform, create derivative works, and distribute the information to others without limitation, and to authorize others to do the same. Further, YDP4Life shall be free to use any ideas, concepts, know-how or techniques contained in such information for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products and other items incorporating such information. Privacy Statement
In consideration of YDP4Life ‘s continuing efforts to enhance and improve the content of this website and to respond to feedback from users, you agree to transfer such ideas, concepts, know-how and techniques to YDP4Life without any compensation. You agree to execute any and all documents that YDP4Life may reasonably request in connection with confirming YDP4Life’s ownership of and unlimited right to use such ideas, concepts, know-how and techniques.
You are solely responsible for the content of any comments you make. You agree that no comments submitted by you to this web site will: (i) violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary rights; (ii) be or contain libelous or otherwise unlawful, abusive, or obscene material or constitute the misappropriation of the trade secrets of any third party; and (iii) disparage the products or services of any third party. You agree not to submit any personal information (other than your email address or user name) through email sent to other users or messages posted on this site by you.
This Agreement is effective unless and until terminated by either you or YDP4Life. You may terminate this Agreement at any time by no longer using this website, provided that all prior uses of this website shall be governed by this Agreement. YDP4Life may terminate this Agreement at any time and without notice, and accordingly deny you access to this website, in YDP4Life’s sole discretion for any reason, including your failure to comply with any term or provision of this Agreement. Upon any termination of this Agreement by either you or YDP4Life, you must promptly destroy all materials downloaded or otherwise obtained from this web site, as well as all copies of such materials, whether made under the terms of this Agreement or otherwise.
This Agreement constitutes the entire Agreement between YDP4Life and you regarding the subject matter hereof and expressly supersedes any prior or contemporaneous written or oral agreements between the parties regarding the subject matter hereof.
This Agreement shall be governed by the laws of the state of Idaho, USA, without giving effect to its conflict of laws provisions.
In the event that any provision of this Agreement is held to be unenforceable, such provision shall be construed as nearly as possible to reflect its original intent and the remainder of this Agreement shall remain in full force and effect.
If for any reason an arbitration panel or a court of competent jurisdiction finds any provision of this Agreement, or portion thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effectuate the intent of this Agreement, and the remainder of this Agreement shall continue in full force and effect.
The parties agree that any claim, controversy, or dispute arising out of or relating to this Agreement shall be settled by binding arbitration in Ada county, Idaho, USA, before a panel of three arbitrators, with YDP4Life selection one arbitrator, the User selecting one arbitrator, and the two chosen arbitrators agreeing to select a third arbitrator. The terms and conditions on the arbitration shall be as agreed to by the parties and arbitrators, and if they cannot so agree, then the rules of the American Arbitration Association then in existence shall apply. The cost of the arbitrator’s fees shall be borne equally by the parties. Any decision rendered by the arbitration panel can be entered by any party as a judgment on the arbitration award in the state and federal courts of Ada County, Idaho, and User agrees to submit to the subject matter and personal jurisdiction of such courts. The arbitration panel and the court entering any judgment on an arbitration award may award the prevailing party its reasonable attorney’s and expert witness fees. The decision of the arbitrators will be binding; provided however, that YDP4Life may bring an action in a court of competent jurisdiction for injunctive or other equitable or extraordinary relief as may be necessary to enforce the terms of this Agreement before arbitration may occur.
The remedies provided in this Agreement and at law or in equity are cumulative and not exclusive. The failure by either party to exercise any right or remedy under this Agreement or otherwise available at law or in equity will not be deemed a waiver of any subsequent right or remedy.
No person or entity who is not a party to this Agreement will derive any rights whatsoever hereunder as a third party beneficiary to this Agreement.
The parties acknowledge that they have read the terms and conditions of this Agreement and hereby agree to be bound thereby.