Terms and Conditions
Terms of Conditions
Last Updated: October 27, 2020
These Terms of Use help define YoSmart’s relationship with you as you interact with our products and services.
Understanding these terms is important because, by using our products and services, you’re agreeing to these terms. We’re required to tell you that if you don’t agree to the terms below, you can’t use or access the Products or Services in any manner.
We are constantly trying to improve our Products and Services, so these Terms may need to change along with the Services. We reserve the right to change the Terms at any time, but if we do, we will bring it to your attention by placing a notice on the Website and/or by sending you an email.
If you don’t agree with the new Terms, you are free to reject them; unfortunately, that means you will no longer be able to use the Services. If you use the Services in any way after a change to the Terms is effective, that means you agree to all of the changes.
Except for changes by us as described here, no other amendment or modification of these Terms will be effective unless in writing and signed by both you and us.
Accounts, Passwords and Security
In order to use the services, you may be required to sign up for an account. You are fully responsible for maintaining the confidentiality of your account (including password) and any and all activity performed under your account due to failure to ensure the security and confidentiality of this information.
Privacy
YoSmart’s Privacy Policy applies to products and services provided by YoSmart, and its reference terms have become part of these Terms of Use. In additions, by using products and services, you acknowledge and agree that Internet transmissions will never be completely private or secure. YoSmart will use various security technologies and procedures to protect your information from unauthorized access, use or disclosure.
Fees and Payment
YoSmart reserves the right to require payment of fees for certain features of the Services. Should you elect to subscribe to such features, you shall pay all applicable fees, as described on the Services in connection with such features. Subject to any subscription agreement or other restrictions, YoSmart reserves the right to change its price list and to institute new charges at any time, upon ten (10) days prior notice to you, which may be sent by email or posted on the Services. Use of the Services by you following such notification constitutes your acceptance of any new or increased charges.
Third-party Services
If you use a Third-party Service, we encourage you to be aware when you use any third-party services or when you leave the Services, and to read the terms and conditions and privacy policy of each third-party website or service that you visit or utilize.
The Services may contain links or connections to third-party Smart Apps, websites or services that are not owned or controlled by YoSmart. When you access third-party Smart Apps or websites or use third-party services, you accept that there are risks in doing so, and that YoSmart is not responsible for such risks. We encourage you to be aware when you use any third-party Smart Apps or services or when you leave the Services, and to read the terms and conditions and privacy policy of each third-party Smart App, website or service that you visit or utilize.
YoSmart has no control over, and assumes no responsibility for, the content, accuracy, privacy policies, or practices of or opinions expressed in any third-party websites or by any third-party that you interact with through the Services. In particular, when you use a Smart App provided by a third-party or connect a third-party service to the Services, that third-party may place additional terms and conditions (including a privacy policy) on your use of that Smart App or any associated services, and you agree that you will comply with all such terms and conditions. We are not responsible for (and do not endorse) any third-party terms and conditions, or any third-party Smart Apps or services. In addition, YoSmart will not and cannot monitor, verify, censor or edit the content of any third-party Smart App, site or service. By using the Services, you release and hold us harmless from any and all liability arising from your use of any third-party Smart App, website or service.
Your interactions with third-party organizations and/or individuals found on or through the Services, including payment and delivery of goods or services under any transaction you enter into with a third-party, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You should make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any of these third parties. You agree that YoSmart shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
If there is a dispute between participants in relation to the Services, or between users and any third-party, you agree that YoSmart is under no obligation to become involved. In the event that you have a dispute with one or more other users, you release YoSmart, its officers, employees, agents, and successors from claims, demands, and damages of every kind or nature, known or unknown, suspected or unsuspected, disclosed or undisclosed, arising out of or in any way related to such disputes and/or our Services. If you are a California resident, you shall and hereby do waive California Civil Code Section 1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which, if known by him must have materially affected his settlement with the debtor.”
Disclaimers
YOSMART DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES CONCERNING ANY PRODUCTS (EXCEPT AS EXPRESSLY IN USER GUIDE), SOFTWARE, FACILITIES, SERVICES, INFORMATION OR CONTENT CONTAINED IN OR ACCESSING THROUGH THE SERVICES, AND WE WILL NOT BE RESPONSIBLE OR LIABLE FOR THE ACCURACY, COPYRIGHT COMPLIANCE, LEGALITY, OR DECENCY OF MATERIAL CONTAINED IN OR ACCESSED THROUGH THE SERVICES.
YOSMART DOES NOT PROMISE TO PROVIDE OR CORRECT THE FUNCTIONS INCLUDED IN THE SERVICE. YOU BEAR THE RISK OF USING THE SERVICE. EXCEPT FOR CERTAIN YOSMART PRODUCTS, SERVICES THAT MAY BE PROVIDED, AND ALL MATERIALS, INFORMATION, WEBSITES, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT RELATED TO THE SERVICE, THEY ARE PROVIDED “AS IS” AND “AS AVAILABLE”, BUT NOT PROVIDED ANY GUARANTEE. WHETHER IN ANY FORM, EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOSMART DOES NOT MAKE ANY EXPRESS OR IMPLIED GUARANTEES, INCLUDING BUT NOT LIMITED TO IMPLIED GUARANTEES OF MERCHANTABILITY, SUITABILITY FOR SPECIFIC PURPOSES AND NON-INFRINGEMENT.
The above content does not affect any guarantee that cannot be excluded or restricted under applicable laws.
Limitation of Liability
Unless prohibited by law, even if you have been informed that YoSmart may cause damage, YoSmart will not be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including loss of profits.
If, despite the provisions of these Terms of Use, YoSmart assumes responsibility for any damage or loss caused by or related to your use of the service, then in any case, YoSmart’s liability shall not exceed (1) THE AMOUNTS PAID BY YOU TO YOSMART IN CONNECTION WITH THE SERVICES IN THE SIX (6) MONTH PERIOD PRECEDING THIS APPLICABLE CLAIM or (2) US$100.00. Some jurisdictions do not allow THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
Indemnity
You agree to indemnify and hold YOSMART, its affiliates, officers, agents, employees, and partners harmless for and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third-party claims relating to (a) your use of the Services (including any actions taken by a third party using your account), and (b) your violation of these Terms. In the event of such a claim, suit, or action (“Claim”), we will provide notice of the Claim to the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).
Violation of These Terms of Use
While using the services, you should abide by the laws and regulations. YoSmart reserves the right to disclose any information that YoSmart deems necessary to comply with any applicable laws, regulations, legal procedures or government requirements at any time.
Contact Us
Address: 17165 Von Karman Avenue, Suite 105 Irvine CA, USA
Phone: 949-825-5958
Email: service@yosmart.com