b. The Yombo service is provided by Yombo, or one of its affiliated companies.
4. Communication Preferences.
5. Membership, Free Trials, Billing and Cancellation
i. Ongoing Membership. Your Yombo membership, which may start with a free trial, will continue month-to-month, quarter-to-quarter, or year-to-year (subscription period) unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the Yombo service. We will bill the monthly, quarterly, or yearly membership fee to your Payment Method. You must cancel your membership before it renews each subscription period in order to avoid billing of the next subscription period's membership fees to your Payment Method.
b. Free Trials
i. Your Yombo membership may start with a free trial. The free trial period of your membership lasts for one week, or as otherwise specified during sign-up. For combinations with other offers, restrictions may apply. Free trials are for new and certain former members only. Yombo reserves the right, in its absolute discretion, to determine your free trial eligibility.
ii. We will begin billing your Payment Method for the subscription period membership fees at the end of the free trial period of your membership unless you cancel prior to the end of the free trial period. To view the specific details of your membership, including monthly membership price and end date of your free trial period, visit our website and click the "View billing details" link on the "Your Account" page. We may authorize your Payment Method through various methods, including authorizing it up to approximately one month of service as soon as you register. In some instances, your available balance or credit limit may be reduced to reflect the authorization during your free trial period.
iii. You will not receive a notice from us that your free trial period has ended or that the paying portion of your membership has begun. CLICK THE "MY ACCOUNT" LINK AT THE TOP OF ANY YOMBO WEB PAGE (yombo.net) TO FIND CANCELLATION INSTRUCTIONS. We will continue to bill your Payment Method on the subscription period basis for your membership fee until you cancel.
6. Yombo Service
b. During your Yombo membership, we grant you a limited, non-exclusive, non-transferable, license to access the Yombo service.
c. We continually update the Yombo service, including the services offered. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of services, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
e. Yombo makes no representations or warranties about the quality of content or it's gateway automation, modules it creates, or modules created by others.
f. Yombo automation software is developed by Yombo and the Yombo community and is designed to enable users automate their environment. This software may vary by device and medium, and functionalities may also differ between devices. BY USING OUR SERVICE, YOU ACKNOWLEDGE AND AGREE TO THE END USER LICENSE AGREEMENT (YOMBO.NET/polices/eula) AND TO RECEIVE, WITHOUT FURTHER NOTICE OR PROMPTING, UPDATED VERSIONS OF THE YOMBO AND RELATED THIRD-PARTY SOFTWARE. IF YOU DO NOT ACCEPT THE FOREGOING TERMS, DO NOT USE OUR SERVICE. WE DO NOT TAKE RESPONSIBILITY OR OTHERWISE WARRANT THE PERFORMANCE OF THESE DEVICES, INCLUDING THE CONTINUING COMPATIBILITY OF THE DEVICE WITH OUR SERVICE. By using our service, you agree to look solely to the entity that manufactured and/or sold you the device for any issues related to the device and its compatibility with the Yombo service.
7. Passwords & Account Access
a. The member who created the Yombo account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the Yombo account and any Yombo Gateways created under that account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting Yombo Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
b. In order to provide you with ease of access to your account and to help administer the Yombo service, Yombo implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the Yombo service, which includes accessing via the website.
c. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the Yombo website and not through a hyperlink in an email or any other electronic communication, even if it looks official. Yombo reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. Yombo is not obligated to credit or discount a membership for holds placed on the account by either a representative of Yombo or by the automated processes of Yombo.
8. Disclaimers of Warranties and Limitations on Liability
a. THE YOMBO SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE YOMBO SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOMBO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE YOMBO SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOMBO SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, YOMBO READY DEVICES, AND YOMBO SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
b. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL YOMBO, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
c. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
9. Gifts & Promotions.
a. From time to time, various types of promotional codes may be available, including those provided as part of a third party promotion. Promotional codes may be redeemed as described in the specifics of the promotion. Promotional codes can only be used once, cannot be redeemed for cash, and may be combined with other offers, including a free trial, subject to certain restrictions as determined by Yombo in its sole discretion. If you received a promotional code through an offer by a third party, additional conditions may apply.
10. Intellectual Property.
a. Copyright. The Yombo service, including all content provided on the Yombo service, is protected by copyright, trade secret or other intellectual property laws and treaties.
b. Claims of Copyright Infringement. If you believe your work has been reproduced or distributed in a way that constitutes copyright infringement or are aware of any infringing material available through the Yombo service, please notify us by completing the Copyright Infringement Claims form (yombo.net/contactus).
11. Governing Law.
b. You may also be entitled to certain consumer protection rights under the laws of your local jurisdiction.
You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the Yombo service. These Applications may import data related to your Yombo account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and Yombo is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY YOMBO AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
13. Use of Information Submitted.
Yombo is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the Yombo service, including the Yombo website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the Yombo service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against Yombo and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
14. Customer Support.
15. Arbitration Agreement
b. If you elect to seek arbitration or file a small claim court action, you must first send to Yombo, by certified mail, a written Notice of your claim ("Notice"). The Notice to Yombo must be addressed to: General Counsel, Yombo, 2260 E Bidwell St #1115, Folsom, CA 95630 ("Notice Address"). If Yombo initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by Yombo, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Yombo and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Yombo may commence an arbitration proceeding or file a claim in small claims court.
c. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, you will be responsible for paying the filling fee.
d. The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Yombo and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
e. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Yombo’s last written settlement offer made before an arbitrator was selected (or if Yombo did not make a settlement offer before an arbitrator was selected), then Yombo will pay you the amount of the award or US$500, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
f. YOU AND YOMBO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Yombo agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
Last updated: October 1, 2016