IMPORTANT - READ THE FOLLOWING CAREFULLY BEFORE CONTINUING WITH YOUR REGISTRATION.
FINALLY, PLEASE TAKE NOTE THAT A BINDING ARBITRATION CLAUSE AND CLASS ACTION WAIVER IS DESCRIBED AT SECTION 34 THAT IMPACT YOUR RIGHTS ABOUT HOW TO RESOLVE DISPUTES. PLEASE READ CAREFULLY.
- “Content” means any information you submit to Yunizon.
- “Registered User” is a User who creates, manages and operates an account on Yunizon that allows such User to interact with or be contacted by Advertisers.
- “Service” means all services provided by Yunizon including all information, software, products and services available from through our websites, mobile applications, desktop applications, or offered as part of or in conjunction with the same.
- “Third Party” means individuals, professionals, companies, organizations and all other entities that are conducting business with Yunizon or that have established partnerships with Yunizon to provide services to or participate in cross promotional marketing and services with Yunizon, including but not limited to Advertisers.
- “User” means any end user of the Service, and includes a visitor, Registered User, Advertiser, and any browser.
- “User Data” means all data collected from an account or User or Registered User and includes registration information (including, but not limited to, the Internet protocol (IP) address used by a User at the time of registration, name, and other contact information), profile data, answers to Yunizon profile questions, all other Content and other information provided by a User, and statistical information and analytics relating to usage and interactions within the Service.
- Overview of Service. Yunizon’s Service is intended to facilitate online purchase of Yunizon eyewear, accessories, and other products (“Products”) by Users, describe new and upcoming Products, and allow for posting reviews and comments regarding the same. This is the sole permitted use of the information contained within our Service.
- Information About Our Products.
- Our Service will feature images, descriptions, and other information concerning our Products. We do our best to make sure this information is accurate as possible, but from time to time it may not be perfectly accurate. We will make reasonable efforts to inform you of any inaccuracy as soon as we become aware of it.
- Purchasing Products via our Service (or purchasing any goods online) is a different experience than an in person in store shopping trip. Please be advised: (i) the colors of goods as shown on the Service will depend on many factors – including your display settings; (ii) the actual sizes and shapes of the goods may differ from how they appear on your screen; (iii) pictures and images on the Website are for illustration purposes only – for an accurate description of any item and details of what is included with the item, please refer to the corresponding written description; (iv) all goods are subject to availability and We may not be able to supply your order; (v) We will do our best to arrange delivery of your goods within a reasonable time of ordering and the ship date as set out in the shipping conﬁrmation email, but please note that all tracking information is provided to Us by our delivery service provider and are estimates of delivery only (more information about delivery is provided below); (vi) not all goods and promotions that are offered on the Website will be available in-store, and vice versa. We reserve the right to adjust prices, goods and special offers at our discretion and (vii)virtual model may distort or otherwise not provide an accurate representation of the product and its color(s), textures, size as well as your face and facial features and the ﬁt of the glasses.
- Data, including prices, may be inaccurately displayed on our Service due to system or typographical errors. While we make every attempt to avoid these errors, they may occur. We reserve the right to correct any and all errors when they do occur, and we do not honor inaccurate or erroneous prices. If a Product's listed price is lower than its actual price, we will, at our discretion, either contact you for instructions before shipping the product or cancel the order and notify you of such cancellation. We do not negotiate prices on our products and all our prices are final
- Find Your Fit. Our Service includes a process for determining the correct sizing for Products based on your individual facial measurements. We refer to this process as “Find Your Fit”. Please note, we make no guarantee or warranty of any kind that Find Your Fit will result in a perfectly fitting Product. You acknowledge and agree that Find Your Fit’s accuracy is limited by the fact that You provide us with the measurements for your Products and that the measurements must then be matched against sizes and dimensions of Products in our inventory. Products are not made to order based on Find Your Fit results.
- Placing an Order. Once You have selected the Products which You would like, You will be asked to check out. Check out may involve your sharing of information with us necessary to complete your Order, including, but not limited to, your name, address, email, and payment information. In addition, you will have the opportunity to register your personal details with us by completing a registration form and become a Registered User. Registration is not required; however registration does facilitate the checkout process during future Orders on the Service. When you place an Order with Yunizon, you are making an offer to purchase the Products listed in the Order. This offer is subject to Yunizon’s acceptance. Following your submission of an Order, We will send you an Order Confirmation via email. THE ORDER CONFIRMATION IS NOT OUR ACCEPTANCE OF YOUR ORDER. After the Order Confirmation is sent, we cannot process any changes to your Order. Yunizon will review all Orders, and will accept Orders by providing you an email notifying You that we have shipped your requested Products. Please note, we are not obligated to accept all Orders, and will notify You as soon as reasonably possible if we have rejected an Order.
- In some instances, You may be able to complete an Order, and subsequently receive notice from us that your Order must be cancelled due to unavailability of Product. You acknowledge and agree that Products may sell quickly and there may be a short period of time after your Order has been submitted where the Product is no longer available. You agree that we may cancel your Order after you have received an Order Confirmation without penalty.
- In rare instances, we may discover a Product is no longer in our inventory after we have sent a Shipping Confirmation to you. You agree that we may rescind our acceptance and cancel your order without penalty if we are unable to ship the product you ordered due to unavailability. In such cases, we will use our best efforts to notify you when such Product will be back in stock.
- We will refund you any payment that you have made concerning a Product we have cancelled or rescinded our acceptance in regard to.
Payment, Shipping & Delivery.
- We offer free domestic shipping and free returns. All orders ship within 24 – 48 hours of Yunizon accepting your Order. Orders received and/or accepted on weekends or holidays will be shipped within 24 – 48 hours of the next business day. We offer Two-Day Air and Overnight shipping within the U.S. International orders ship via USPS Priority Mail, which is an expedited service. (Please note, we may change our shipping methods and providers from time to time) If you are looking to expedite your shipment further, the additional charges will be calculated at checkout. International shipping is free but can take up to 10 business days. In all cases, you are responsible for duties, taxes, and return expenses for all international deliveries (please note, international deliveries are subject to a return policy differing from domestic deliveries). Shipping time may vary by country. By placing your Order, you agree that you will be responsible for and will pay as due all of such amounts, as applicable.
- Once the Products have been delivered to You, You become the owner of those goods and from that point they will be at your risk. You alone will be liable for any subsequent damage, loss or destruction.
- Cancelling Orders & Returning Products. We are confident you’re going to love your Products. In the event that you would like to return or exchange your new eyewear, please contact firstname.lastname@example.org and include the order number and reason for exchange or return. All returns must be shipped out within 7 days of receipt of product for a full refund. All items must be unworn and in the original packaging. We do not offer product exchanges. If you wish to “exchange” a Product you may return it as described in this Section and initiate a new Order fo the Product you desire. Product availability is not guaranteed, and you may incur additional charges based on price. Note that Yunizon does not provide free returns on international orders, unless delivered Product is damaged or you have received an incorrect Product. All returns take 5-10 business days to process once they arrive at Yunizon’s return facility. All refunds are issued to the original form of payment and may take up to 10 business days for your financial institution to process. However, in some instances a refund may take a little longer. Failure to include all original packaging will result in a nominal fee deducted from the refund amount. PRODUCTS THAT HAVE BEEN WORN OR ADJUSTED IN ANY WAY ARE NOT ELIGIBLE FOR A REFUND. If you have received a damaged or incorrect item, please email email@example.com with a photo of the damage or incorrect item as well as your order number. Please note, cancellation and return as described in this Section is different from a return pursuant to our Product Warranty. Any defective Product should be returned pursuant to our Product Warranty.
- Product Warranty. We are proud of the Products we make and stand by them. We warrant that a purchased Product will remain free from any defect in material or workmanship for a period of 12 months from the date of your Order. However, please note that this warranty does not extend to User error or action, scratches on lenses, any damage arising from accident, improper storage, abuse or improper use, unauthorized repairs, or normal wear and tear. To make a warranty claim please contact us at firstname.lastname@example.org.
- Discounts & Promo Codes. Yunizon may, from time to time and in our sole discretion, offer discounts and promotional codes for redemption (“Promos”). Any Promo may only be used once per User unless expressly stated otherwise. The only valid Promo is one You receive directly from Yunizon. We do not accept any Promo from any other source, including “price matching” the offers of other businesses. Promos may expire before you use them, and we may discontinue or deactivate a Promo at any time and for any reason. Promos may not be sold or transferred.
Registered User Account, Password and Security.
- Please note, you are not required to become a Registered User in order to place an Order on our Service.
- To become a Registered User and access Registered User level features of the Service a User must open an account, and must complete the registration process by providing Yunizon with current, complete and accurate information as prompted by the applicable registration form.
- User may be asked to choose a password and a Username (“Credentials”). User is entirely responsible for maintaining the confidentiality of User’s Credentials.
- Furthermore, User is entirely responsible for any and all activities that occur under User’s account. User agrees to notify Yunizon immediately of any unauthorized use of User’s account or any other breach of security. Yunizon will not be liable for any loss that User may incur as a result of someone else using User’s password or account, either with or without User’s knowledge. However, User could be held liable for losses incurred by Yunizon or another party due to someone else using User’s account or password. User may not use anyone else’s account at any time, without the permission of the account holder.
- No Agency. This Agreement and any registration for or use of the Service will not be construed as creating or implying any relationship of agency, franchise, partnership, or joint venture between You and Yunizon, except and solely to the extent expressly stated in the Terms of Service.
- License. Subject to your compliance with these conditions, Yunizon grants to you a limited, non-transferable, non-exclusive license to use the Service on any computer or device owned, leased, and/or controlled by you. This license is not a sale of the original Service or any copies. All rights not expressly granted to you are reserved and retained by Yunizon. Neither our Service, nor any part of our Service may be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of Yunizon. You may make single copies of materials displayed on the Service for your own personal and noncommercial use only, provided any copies include the copyright and other notices displayed with the materials on the Service.
- Reviews & Other Communications. The Service may include features allowing for Users to communicate with other Users and Yunizon by leaving comments, feedback and reviews for Products (the “Review Services”). Review Services are not intended to permit two way communication of any kind. User agrees to use the Review Services only to post messages and material that are proper. By way of example, and not as a limitation, User agrees that when using the Review Services, User will not:
- Use the Review Services in connection with surveys, contests, pyramid schemes, chain letters, junk email, spamming or any duplicate or unsolicited messages (commercial or otherwise).
- Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
- Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
- Upload, or otherwise make available, files that contain images, photographs, software or other material protected by intellectual property laws, including, by way of example, and not as limitation, copyright or trademark laws (or by rights of privacy or publicity) unless User own or control the rights thereto or have received all necessary consent to do the same.
- Use any material or information, including images or photographs, which are made available through the Service in any manner that infringes any copyright, trademark, patent, trade secret, or other proprietary right of any person.
- Upload or otherwise send files that contain viruses, Trojan horses, worms, time bombs, cancelbots, corrupted files, or any other similar software or programs that may damage the operation of another’s computer or property of another.
- Advertise or offer to sell or buy any goods or services for any business purpose.
- Download any Content or file posted by another User of a Review Service that User know, or reasonably should know, cannot be legally reproduced, displayed, performed, and/or distributed in such manner.
- Falsify or delete any copyright management information, such as author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
- Restrict or inhibit any other User from using and enjoying the Review Services.
- Violate any code of conduct or other guidelines, which may be applicable for any particular Review Service.
- Harvest or otherwise collect information about others, including email addresses.
- Violate any applicable laws or regulations.
- Create a false identity for the purpose of misleading others.
- Use, download or otherwise copy, or provide (whether or not for a fee) to a person or entity any directory of Users of the Services or other User or usage information or any portion thereof.
- Yunizon’s Moderation of Users.
- Yunizon has no obligation to monitor or moderate the Review Services. However, Yunizon reserves the right to review materials posted to the Review Services and to edit, refuse to post or to remove any information or materials, in whole or in part, in Yunizon’s sole discretion. Yunizon reserves the right to terminate your access to any or all of the Review Services at any time, without notice, for any reason whatsoever. Termination shall be subject to the Cancellation policy described above.
- Yunizon reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request.
- Materials uploaded to the Review Services may be subject to posted limitations on usage, reproduction and/or dissemination; User is responsible for adhering to such limitations if User downloads the materials.
- Yunizon specifically disclaims any liability with regard to the Review Services and any actions resulting from User’s participation in any Review Services.
- Submissions. From time to time You may have an idea you wish to share with us concerning our Products, new Products, features you’d like to see included in our Products, and other topics. We appreciate that you value our Products, but we do not solicit suggestions from our Users. If you choose to submit a suggestion or other material to us, You acknowledge and agree that any materials, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials, or other information, regarding this Service, Yunizon, or our products or services that are provided by You to Yunizon are non-confidential and shall become the sole property of Yunizon. Yunizon will own exclusive rights, including all intellectual property rights, and will be entitled to the unrestricted use and dissemination of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you. You grant Yunizon and its affiliates and sublicensees the right to use the name that you submit in connection with such content, if they choose. You represent and warrant that (a) you own and control all of the rights to the content that you submit, or that you otherwise have the right to submit such content to this site; (b) the content is accurate and not misleading; and (c) use and posting of the content you supply will not violate any rights of or cause injury to any person or entity.
- Featured Links. The Service may contain hyperlinks to websites and content offered by parties other than Yunizon or a Registered User. Such hyperlinks are provided for your reference and convenience only. Yunizon does not control such other websites and is not responsible for their content; nor does Yunizon’ inclusion of hyperlinks to such websites or content imply any endorsement of the material on such websites or any association with their operators. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, Users or any other User of Service, are those of the respective author(s) or distributor(s) and not of Yunizon. Neither Yunizon nor any Third Party provider of information guarantees the accuracy, completeness, or usefulness of any content, nor its merchantability or fitness for any particular purpose. In many instances, the content available through Service represents the opinions and judgments of the respective information provider, User, or other person not under contract with Yunizon. Yunizon neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on Service by anyone other than authorized Yunizon employee spokespersons while acting in their official capacities. Under no circumstances will Yunizon be liable for any loss or damage caused by a User’s reliance on information obtained through Service. It is the responsibility of User to evaluate the accuracy, completeness or usefulness of any information, opinion, advice or other content available through Service. Yunizon may receive compensation from third parties for the placement of advertisements on our Service.
- Copyrights. All material content included in or made available through the Service, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, software, HTML code, Java applets, Active X controls and other code, is the property of Yunizon and protected by United States and international copyright laws. The compilation of all content included in or made available through the Service, including profiles, listings or descriptions of musicians, artists, and other clients or users using the Service, is the exclusive property of Yunizon and protected by U.S. and international copyright laws. The Service, related documentation, and all intellectual property rights embodied within or derived from such Service are copyrighted works of authorship or proprietary materials exclusively owned by Yunizon. Yunizon retains ownership of all subsequent copies of the Service and all derivative works based on such Service. All other content not owned by Yunizon that appears on the Service appears with the permission of its respective owners and is the property of such respective owners, who may or may not be affiliated with, connected to, or sponsored by Yunizon.
- Trademarks. In addition, graphics, logos, slogans, page headers, button icons, scripts, and service names included in or made available through the Service are trademarks or trade dress of Yunizon in the U.S. and other countries. Yunizon’ trademarks and trade dress may not be used in connection with any product or service that is not property of Yunizon, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits Yunizon. All other trademarks not owned by Yunizon that appear on the Service appear with the permission of their respective owners and are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Yunizon.
- Limitations on Use. You agree not to reproduce, copy, modify, adapt, edit, distribute, sell, assign, lease, lend, rent, loan, transfer rights to, transmit, sub-license or otherwise commercialize Yunizon or any information or software associated with Yunizon. You agree not to remove, obscure or alter Yunizon’s copyright notice, trademarks or other proprietary rights notices affixed to, contained within or accessed in conjunction with or by Yunizon. You acknowledge that Yunizon embodies the intellectual property of a third party and is protected by law. You agree not to, modify, reverse engineer, decompile, disassemble, prepare derivative works from, attempt to derive source code from or otherwise tamper with, Yunizon, whether in whole or in part. You agree not to violate any applicable laws, rules or regulations in connection with your use of Yunizon. You agree not to use Yunizon to infringe on the privacy of other individuals. You agree not to use Yunizon to access, copy, transfer, or retransmit content in violation of any law or third party rights. You agree that you will not authorize or permit any third party access to Yunizon to do any of the foregoing. You hereby waive any rights granted by the Digital Millennium Copyright Act to decompile the Service or any portion thereof to identify or analyze the interoperability of the Service. You shall not harvest or otherwise collect information about others users, including, but not limited to email addresses or any other identifying information or information related to contacting users.
- Age Eligibility. Yunizon is not directed to children younger than 15 and is offered only to users 13 years of age or older. If you are under 13 years old, please do not use Yunizon. Any person who provides their personal information through Yunizon represents to us that they are 13 years of age or older.
- Disclaimer of Warranty. Yunizon and any third party who makes its software and/or service(s) available in conjunction with or through Yunizon disclaim any responsibility for any harm resulting from your use of Yunizon and/or any third party software accessed in conjunction with or through Yunizon.
YUNIZON AND ANY THIRD PARTY SOFTWARE AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH YUNIZON ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH NO WARRANTIES WHATSOEVER. YUNIZON AND SUCH THIRD PARTIES EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. YUNIZON AND ANY THIRD PARTIES WHO MAKE THEIR SOFTWARE AVAILABLE IN CONJUNCTION WITH OR THROUGH YUNIZON DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF YUNIZON, SUCH THIRD PARTY SOFTWARE AND/OR SERVICES.
YOU UNDERSTAND AND AGREE THAT USE OF YUNIZON, ALL THIRD PARTY TECHNOLOGIES AND/OR SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH YUNIZON AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR HARDWARE DEVICE(S), DEVICE SYSTEMS OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OR USE OF YUNIZON, SUCH THIRD PARTY SOFTWARE AND/OR SERVICES. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION. YUNIZON DOES NOT WARRANT THAT THE SERVICE, INFORMATION, CONTENT, MATERIALS, PRODUCTS (INCLUDING SOFTWARE) OR OTHER SERVICES INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE, YUNIZON’ SERVERS OR ELECTRONIC COMMUNICATIONS SENT FROM YUNIZON ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
We do not promise or warrant that any aspect of third party services or systems will work properly or will be continuously available as any such service or system is provided by a third party. You acknowledge sole responsibility for and assume all risk arising from interaction with any User. You agree not to hold Yunizon liable for any loss or damage of any sort incurred as the result of any such dealings. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
- Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL YUNIZON BE LIABLE TO YOU OR ANY USER ON ACCOUNT OF USE OR MISUSE OF YUNIZON OR SUCH THIRD PARTY TECHNOLOGIES OR SERVICES. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, (EVEN IF YUNIZON HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES). SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON YUNIZON, FROM INABILITY TO USE YUNIZON AND ALL THIRD PARTY TECHNOLOGIES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH YUNIZON, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF YUNIZON, ALL THIRD PARTY TECHNOLOGIES AND SERVICES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH YUNIZON (INCLUDING ANY DAMAGES INCURRED BY THIRD PARTIES). SUCH LIMITATION SHALL APPLY NOTWITHSTANDING A FAILURE OF THE ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO THE FULLEST EXTENT PERMITTED BY LAW. Your exclusive remedy for any claim arising out of or relating to this Agreement will be for Yunizon, upon receipt of written notice, either (i) to use commercially reasonable efforts to cure, at its expense, the matter that gave rise to the claim for which Company is at fault, or (ii) return to you the fees you paid to us for the particular Service provided that gives rise to the claim, subject to the limitations contained in these Terms of Service. You agree that you will not allege that this remedy fails its essential purpose.
SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
You agree not to hold Yunizon liable for any disputes, loss of revenues, lost profits, punitive, incidental or consequential damages arousing from the direct or indirect use or misuse of any products or services provided by Yunizon or made available by Yunizon from any third party affiliates, vendors or services providers.
- Ownership. Yunizon owns or is the licensee to all right, title and interest in and to Yunizon including all rights under patent, copyright, trade secret, trademark, or unfair competition law, and any and all other proprietary rights, including all applications, renewals, extensions and restorations thereof. You do not acquire any ownership rights in Yunizon or this Service as a result of utilizing this Service.
- User Conduct. User shall use the Service for lawful purposes only. No User shall post or transmit through the Service any material which violates or infringes in any way upon the rights of others, including those of Yunizon.
- This Agreement is for the benefit of Yunizon, its subsidiaries, affiliates, and licensors and each shall have the right to assert and enforce such provisions directly or on its own behalf.
- Titles, comments to, and headings of sections of this Agreement are for convenience of reference only and shall not affect the construction of any provision of this Agreement.
- PLEASE READ THIS SECTION CAREFULLY BECAUSE IT REQUIRES YOU TO ARBITRATE CERTAIN DISPUTES AND CLAIMS WITH YUNIZON AND LIMITS THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM US.
- Arbitration Agreement; Claims. This Section 34 is referred to as the "Arbitration Agreement” in these Terms. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 34(i) below, you and Yunizon (together, the “Parties”) agree that any and all disputes or claims that arise between you and Yunizon relating to the Yunizon Service and/or these Terms (including any alleged breach of these Terms) (collectively, “Claims”), except for Excluded Claims (defined in the following sentence), will be resolved as set forth in this Arbitration Agreement. As used herein, “Excluded Claims” means (1) individual claims brought in small claims court (if your claims qualify), (2) claims arising out of or related to a violation of Section 17, above, (3) claims in which either party seeks injunctive or other equitable relief for the alleged unlawful use of intellectual property (including, without limitation, copyrights, trademarks, trade names, logos, trade secrets or patents), and (4) claims that, as a matter of applicable law, cannot be made subject to arbitration.
- Agreement to Arbitrate. Unless you opt out of the Arbitration Agreement in accordance with the procedure described in Section 34(i) below, you agree that any and all Claims (other than Excluded Claims) will be resolved exclusively on an individual basisthrough final and binding arbitration, rather than in a court, in accordance with this Arbitration Agreement, and your rights in connection with all Claims (other than Excluded Claims) will be determined by a neutral arbitrator, not by a judge or jury. The Federal Arbitration Act governs the interpretation and enforcement of this Arbitration Agreement. To the extent that the Parties' dispute involves both timely filed Excluded Claims and other Claims subject to this Agreement, the Parties agree to bifurcate and stay for the duration of the arbitration proceedings any such Excluded Claims.
- Prohibition of Class and Representative Actions and Non-Individualized Relief. YOU AND YUNIZON AGREE THAT, UNLESS YOU OPT OUT OF THE ARBITRATION AGREEMENT IN ACCORDANCE WITH SECTION 34(i) BELOW, EACH OF US MAY BRING CLAIMS (EXCEPT TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), WHETHER IN ARBITRATION OR BEFORE OTHER COURT OR TRIBUNAL, AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS AND NOT AS A PLAINTIFF OR CLASS REGISTERED USER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION OR PROCEEDING. UNLESS BOTH YOU AND YUNIZON AGREE OTHERWISE (OR TO THE EXTENT THAT THE RIGHT TO BRING A CLAIM IN A PURPORTED CLASS OR REPRESENTATIVE ACTION CANNOT BE WAIVED AS A MATTER OF LAW), THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN MORE THAN ONE PERSON'S OR PARTY'S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CONSOLIDATED, REPRESENTATIVE, OR CLASS PROCEEDING. ALSO, THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY RELIEF) ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE RELIEF NECESSITATED BY THAT PARTY'S INDIVIDUAL CLAIM(S). ANY RELIEF AWARDED CANNOT AFFECT OTHER YUNIZON USERS.
- Pre-Arbitration Dispute Resolution. Before you commence arbitration, we suggest that you contact us to explain your complaint. Our preference will always be to resolve complaints amicably and efficiently, without the need for arbitration. You may contact us via email at email@example.com. If the issue is not resolved and results in arbitration, we will need to mutually select and agree upon an arbitrator and the rules and procedures to govern the arbitration.
- Arbitration Procedures. The Parties will try in good faith to mutually select and agree upon an arbitrator and rules and procedures to govern the arbitration. If we cannot agree, then the arbitration will be conducted by a neutral arbitrator in accordance with the JAMS Streamlined Arbitration Rules and Procedures (“JAMS Rules”), as modified by this Arbitration Agreement. The rules that apply are those in effect when arbitration is demanded by either of the Parties. For information on JAMS, please visit its website, https://www.jamsadr.com/. The JAMS Streamlined Arbitration Rules and Procedures are available at jamsadr.com/rules-streamlined-arbitration, which are incorporated by reference. You either acknowledge and agree that you have read and understand the JAMS Rules or waive your opportunity to read the JAMS Rules and any claim that the JAMS Rules are unfair or should not apply for any reason. If there is any inconsistency between the JAMS Rules and this Arbitration Agreement, the terms of this Arbitration Agreement will control unless the arbitrator determines that the application of the inconsistent Arbitration Agreement terms would not result in a fundamentally fair arbitration. The arbitrator must also follow the provisions of these Terms as a court would, including without limitation, the limitation of liability provisions in Section 25. Although arbitration proceedings are usually simpler and more streamlined than trials and other judicial proceedings, the arbitrator can award the same damages and relief on an individual basis that a court can award to an individual under the Terms and applicable law. The arbitrator shall submit a decision in writing, specifying the findings of fact and the conclusions of law on which the decision is based. Decisions by the arbitrator are enforceable in court and may be overturned by a court only for very limited reasons.
The arbitration will be held in New York, NY or such other city or county in which Yunizon’s principal offices are located. If the value of the relief sought is $10,000 or less, you or Yunizon may elect to have the arbitration conducted by telephone or based solely on written submissions, which election will be binding on you and Yunizon subject to the arbitrator's discretion to require an in-person hearing, if the circumstances warrant. Attendance at any in-person hearing may be made by telephone by you and/or Yunizon, unless the arbitrator requires otherwise.
The arbitrator will decide the substance of all claims in accordance with the laws of the State of New York, including recognized principles of equity, and will honor all claims of privilege recognized by law. The arbitrator will not be bound by rulings in prior arbitrations involving different Yunizon users, but is bound by rulings in prior arbitrations involving the same Yunizon user to the extent required by applicable law. As limited by the Federal Arbitration Act, these Terms and the applicable JAMS Rules, the arbitrator will have (1) the exclusive authority and jurisdiction to make all procedural and substantive decisions regarding a Claim, including the determination of whether a Claim is arbitrable, and (2) the authority to grant any remedy that would otherwise be available in court.
- Costs of Arbitration. Payment of all filing, administration, and arbitrator fees (collectively, the "Arbitration Fees") will be shared equally by you and Yunizon, except where prohibited by applicable law. In addition, (1) if you demonstrate to the arbitrator that you are economically unable to pay your portion of the Arbitration Fees or if the arbitrator otherwise determines for any reason that you should not be required to pay your portion of the Arbitration Fees, Yunizon will pay your portion of such fees, and (2) if you demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to the costs of litigation, Yunizon will pay as much of the Arbitration Fees as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. Each party will be solely responsible for all other fees it incurs in connection with the arbitration, including without limitation, all attorney fees. In the event the arbitrator determines the claim(s) you assert in the arbitration to be frivolous, you agree to reimburse Yunizon for all fees associated with the arbitration paid by Yunizon on your behalf that you otherwise would be obligated to pay under the JAMS Rules.
- Confidentiality. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.
- Severability. If any term, clause or provision of this Section 34 is held invalid or unenforceable, it will be so held to the minimum extent required by law, and all other terms, clauses and provisions of this Section 34 will remain valid and enforceable.
- Opt-Out Procedure.You can choose to reject this Arbitration Agreement by mailing us a written opt-out notice ("Opt-Out Notice") in accordance with the terms of this Section 34(i). For new Yunizon users, the Opt-Out Notice must be postmarked no later than 30 days after the date you accept these Terms for the first time. If you are already a current Yunizon user and previously accepted the Yunizon Terms, the Opt-Out Notice must be postmarked no later than May 17, 2018. You must email the Opt-Out Notice to Yunizon at firstname.lastname@example.org. The Opt-Out Notice must state that you do not agree to the Arbitration Agreement and must include your name, address, phone number, and the email address(es) used to register for the Yunizon Service to which the opt-out applies. You must sign the Opt-Out Notice for it to be effective. This procedure is the only way you can opt out of the Arbitration Agreement. If you opt out of the Arbitration Agreement, the entire Arbitration Agreement will not apply with respect to you, but the remainder of these Terms will continue to apply. Opting out of this Arbitration Agreement has no effect on any previous, other, or future arbitration agreements that you may have with us. By opting out of binding arbitration, you are agreeing to resolve Claims (including Excluded Claims) in accordance with Section 28.
- Future Changes to this Arbitration Agreement.Notwithstanding any provision in these Terms to the contrary, you agree that if we make any change to this Arbitration Agreement (other than a change to any notice address or website link provided herein) in the future, that change will not apply to any claim that was filed in a legal proceeding against Yunizon prior to the effective date of the change. Moreover, if we terminate this Arbitration Agreement by removing it from these Terms, such termination will not be effective until 30 days after the version of these Terms not containing the Arbitration Agreement is posted to the Service, and will not be effective as to any claim that was filed in a legal proceeding against Yunizon prior to the effective date of removal.
Last updated September 18, 2019