Terms and Conditions of Use - User Agreement|
TERMS OF SERVICE AGREEMENT
1. ACCEPTANCE OF TERMS
Yesterday's Tractor Co. ("YT") welcomes you. YT provides its service to you, subject to the following Terms of Service ("TOS"), which may be updated by us from time to time without notice to you. You can review the most current version of the TOS at any time at: "http://www.ytmag.com/disclaimer.htm". In addition, when using particular YT owned or operated services, you and YT shall be subject to any posted guidelines or rules applicable to such services which may be posted from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.
2. DESCRIPTION OF SERVICE
YT provides users with access to a rich collection of resources, including various communications tools, forums, and shopping services which may be accessed through any various medium or device now known or hereafter developed (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for YT to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service shall be subject to the TOS. You understand and agree that the Service is provided "AS-IS" and that YT assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
3. YOUR REGISTRATION OBLIGATIONS
In consideration of your use of the Service, you represent that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. You also agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or YT has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, YT has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof). YT is concerned about the safety and privacy of all its users, particularly children. For this reason, parents of children under the age of 13 who wish to allow their children access to the Service must create a YT Family Account. When you create a YT Family Account and add your child to the account, you certify that you are at least 18 years old and that you are the legal guardian of the child/children listed on the YT Family Account. By adding a child to your YT Family Account, you also give your child permission to access all of the Services including, message boards and chat (among others). Please remember that the Service is designed to appeal to a broad audience. Accordingly, as the legal guardian, it is your responsibility to determine whether any of the Services and/or Content (as defined in Section 6 below) are appropriate for your child.
5. MEMBER ACCOUNT, PASSWORD AND SECURITY
You will receive a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to (a) immediately notify YT of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you exit from your account at the end of each session. YT cannot and will not be liable for any loss or damage arising from your failure to comply with this Section 5.
6. MEMBER CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not YT, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. YT does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will YT be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of anotherÕs privacy, hateful, or racially, ethnically or otherwise objectionable;
b. harm minors in any way;
c. impersonate any person or entity, including, but not limited to, a YT official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail", "spam", "chain letters", "pyramid schemes", or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose;
h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges;
j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, including, without limitation, the New York Stock Exchange, the American Stock Exchange or the NASDAQ, and any regulations having the force of law;
l. provide material support or resources (or to conceal or disguise the nature, location, source, or ownership of material support or resources) to any organization(s) designated by the United States government as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act;
m. "stalk" or otherwise harass another; and/or
n. collect or store personal data about other users in connection with the prohibited conduct and activities set forth in paragraphs a through n above.
You acknowledge that YT may or may not pre-screen Content, but that YT and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, or move any Content that is available via the Service. Without limiting the foregoing, YT and its designees shall have the right to remove any Content that violates the TOS or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by YT or submitted to YT, including without limitation information in YT Message Boards, and in all other parts of the Service.
You acknowledge, consent and agree that YT may access, preserve, and disclose your account information and Content if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the TOS; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety of YT, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You understand that the Service and software embodied within the Service may include security components that permit digital materials to be protected, and use of these materials is subject to usage rules set by YT and/or content providers who provide content to the Service. You may not attempt to override or circumvent any of the usage rules embedded into the Service. Any unauthorized reproduction, publication, further distribution or public exhibition of the materials provided on the Service, in whole or in part, is strictly prohibited.
7. AUCTION, CLASSIFIED and PHOTO AD POLICIES
The YT website (Site) is a venue. YT is not involved in any transactions between buyers and sellers. Any actual purchase and sale is strictly between the buyer and the seller. YT has no control over the quality, safety, legality, price, payment for or delivery of the items offered for sale, and YT has no control over the accuracy of the descriptions of items offered for sale on the Site. YT is not the seller of any of the items listed on the Site, and YT is not a traditional "auctioneer" of the items offered for sale. Without limiting the foregoing, YT does not examine, set the price, or prepare the description of any property or service to be offered on the Site. YT is not an agent or representative of any buyer or seller.
By using the Site, you agree that if you have a problem or dispute with another user of the Site, you release YT and each of its officers, directors, employees, consultants, agents, subsidiaries and affiliates from any and all claims, demands, losses and damages (actual and consequential) of any kind and nature whatsoever, known and unknown, direct and indirect, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with any such problem or dispute. You acknowledge that this release and waiver is an essential and material provision of this agreement, and that YT would not have allowed you to use the Site if you had not agreed to this release and waiver.
YT does not control or verify the descriptions or information users post on the Site. Some of the descriptions may be misleading or inaccurate. Some users may also use offensive language or other inappropriate language. You may report misleading or inaccurate descriptions and offensive or otherwise inappropriate language to us at firstname.lastname@example.org with a paper copy sent to Yesterday's Tractor Co., P.O. Box 160, Chimacum WA 98325. There are risks in dealing with persons who may be underage or acting with intent to defraud. Please recognize that some users of the Site may not be trustworthy, and use caution in all of your dealings with other users of the Site. By using the Site, you accept the risks of doing so, including the risks that buyers and sellers may fail to perform their obligations or otherwise act in inappropriate, unethical or unlawful ways, and you agree that YT is not responsible for the acts or omissions of users.
Buyers and sellers are responsible for arranging for the delivery of items and payment for items between themselves. YT is not involved in either the delivery of any item to any buyer or the payment for any item to any seller.
YT is not the seller of any of the items listed on the Site except for those items sold in their own store pages at "http://www.yesterdaystractors.com/store/", and YT is not responsible for collecting or remitting any state, federal or local or other taxes. Buyers and sellers are responsible for compliance with all applicable tax laws and for paying any applicable taxes.
By listing an item, you represent and warrant that you have the full legal right to sell the item and that your description of the item is truthful and accurate. If the item is being sold using the auction process you also agree that if you receive at least one bid equal to or greater than your stated minimum price or the reserve price you will sell the item to the highest bidder at the completion of the bidding, unless (a) the sale is prohibited by applicable law or this agreement, (b) the buyer fails to meet the terms of your listing, or (c) you cannot authenticate the buyer's identity. You must describe the item and your terms of sale on the listing page. Your terms of sale must include the payment methods you consider acceptable, shipping methods and who is to pay the shipping costs, any additional costs, and your return or refund policy. Your listing may include only content relevant to the sale of that item. You may not include in the listing title or in your description any names or descriptions of things that are not the item you are listing or otherwise manipulate the listing description or search results in any deceptive manner. You may not advertise or describe any item or service except the item you are listing on the Site.
By bidding on an auction item, you represent and warrant that you have the ability to pay the amount you bid in a manner permitted by the seller's terms of sale. You agree to the seller's terms of sale as set forth with the item's description (provided that the terms do not violate applicable law or this agreement), and agree that you will complete the purchase of the item if you are the highest bidder at the completion of the bidding and the seller accepts your bid, unless (a) the sale is prohibited by applicable law or this agreement, or (b) you cannot authenticate the sellerÕs identity. Once made, bids cannot be revoked except in extraordinary cases, such as a clear typographical error. Do not place a bid unless you are prepared to be legally bound to buy the item at the price you bid.
Employees of YT are permitted to use the Site, as bidders, buyers or sellers, subject to the terms and conditions of this User Agreement and the documents incorporated into this User Agreement. However, no officer, director or employee of YT or consultant to YT who has actual knowledge of any non-public information of YT or supplied by any seller or bidder regarding any listing or bidding that would give him or her any advantage over other bidders may bid for any affected item.
YT retains the right, but without any obligation, to terminate or suspend any listing, terminate or suspend any registration, terminate or suspend any auction or sale, prevent or restrict access to the Site, or take any other action YT consider appropriate in the case of technical problems, material YT considers, in our sole and absolute discretion, to be objectionable for any reason whatsoever or for no reason, inaccurate listings, inappropriately listed items, unlawful items, suspicious circumstances, information YT receives from third parties or otherwise, at any time, in each case in our sole and absolute discretion, for any reason or for no reason at all, and without any notice to you or any person. YT also retains the right to change or discontinue any or all features of the Site, at any time and without notice to you or any person.
You agree to comply with all applicable laws, rules and regulations relating in any way to your use of the Site, including your listing and sale of items, and your bidding for or purchasing items. You may not register under or use a false name or use an invalid or unauthorized credit or debit card. You may not make bids under a false name, impersonate another person, or use another userÕ' password. Fraudulent conduct is a violation of state and federal laws, and is strictly prohibited. YT may report any conduct YT consider fraudulent or potentially fraudulent to law enforcement agencies, and YT will cooperate with law enforcement agencies in an effort to ensure that violators are prosecuted to the fullest extent permitted by law.
The U.S. export control laws regulate the export and re-export of technology originating in the United States. This includes the electronic transmission of information and software to foreign countries and to certain foreign nationals. You agree to abide by these laws and their regulations.
You agree not to place bids or cause bids to be placed on any item listed on the Site for the purpose or with the effect of artificially increasing or otherwise manipulating the price or the bidding process or user behavior relating to any item listed on the Site. If you have listed an item you also agree not to place bids or cause bids to be placed on the item for the purpose or with the effect of artificially ending the bidding on the item.
8. SPECIAL ADMONITIONS FOR INTERNATIONAL USE
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
9. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE
YT does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant YT the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of YT Site, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the specific YT Site area to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or YT removes such Content from the Service.
You agree to indemnify and hold YT, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the TOS, or your violation of any rights of another.
11. NO RESALE OF SERVICE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Service (including your YT I.D.), use of the Service, or access to the Service.
12. GENERAL PRACTICES REGARDING USE AND STORAGE
You acknowledge that YT may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that message board postings or other uploaded Content will be retained by the Service, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time. You agree that YT has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that YT reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that YT reserves the right to modify these general practices and limits from time to time.
13. MODIFICATIONS TO SERVICE
YT reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that YT shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
You agree that YT may, under certain circumstances and without prior notice, immediately terminate your YT account, and access to the Service. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the TOS or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities. Termination of your YT account includes (a) removal of access to all offerings within the Service, including but not limited to YT Chat, Auctions, Message Boards, and Marketplace, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring further use of the Service. Further, you agree that all terminations for cause shall be made in YT sole discretion and that YT shall not be liable to you or any third-party for any termination of your account, or access to the Service.
15. DEALINGS WITH ADVERTISERS
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that YT shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because YT has no control over such sites and resources, you acknowledge and agree that YT is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that YT shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
17. YT PROPRIETARY RIGHTS
You acknowledge and agree that the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by YT or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service, in whole or in part.
18. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. YT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. YT MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YT OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.
e. A SMALL PERCENTAGE OF USERS MAY EXPERIENCE EPILEPTIC SEIZURES WHEN EXPOSED TO CERTAIN LIGHT PATTERNS OR BACKGROUNDS ON A COMPUTER SCREEN OR WHILE USING THE SERVICE. CERTAIN CONDITIONS MAY INDUCE PREVIOUSLY UNDETECTED EPILEPTIC SYMPTOMS EVEN IN USERS WHO HAVE NO HISTORY OF PRIOR SEIZURES OR EPILEPSY. IF YOU, OR ANYONE IN YOUR FAMILY, HAVE AN EPILEPTIC CONDITION, CONSULT YOUR PHYSICIAN PRIOR TO USING THE SERVICE. IMMEDIATELY DISCONTINUE USE OF THE SERVICE AND CONSULT YOUR PHYSICIAN IF YOU EXPERIENCE ANY OF THE FOLLOWING SYMPTOMS WHILE USING THE SERVICE -- DIZZINESS, ALTERED VISION, EYE OR MUSCLE TWITCHES, LOSS OF AWARENESS, DISORIENTATION, ANY INVOLUNTARY MOVEMENT, OR CONVULSIONS.
19. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YT SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
20. EXCLUSIONS AND LIMITATIONS
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.
21. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this TOS, there shall be no third party beneficiaries to this Agreement.
YT may provide you with notices, including those regarding changes to the TOS, by either email, regular mail, or postings on the Service.
23. TRADEMARK INFORMATION
The Site contains copyrighted material, trademarks and other proprietary information, and the Site itself is copyrighted. YT Tractor Co. and other marks indicated on the Site are registered trademarks or servicemarks of YT Tractor Co. in the United States and in other countries. YT graphics, logo, headers, button icons, scripts, and service names are trademarks or trade dress of YT Tractor Co. YT trademarks and trade dress may not be used in connection with any product or service that is not YT, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits YT. All other trademarks not owned by us that appear on the Site are property of their respective owners. Except as otherwise expressly permitted under copyright law, you may not copy, distribute, transmit, publish or otherwise use any of the copyrighted material or trademarks in violation of applicable law without the express prior written consent of YT and any other trademark, copyright or other proprietary rights owner. You also may not post or otherwise make available on the Site any material unless you have the full legal right to do so, including the consent of any copyright, trademark or other proprietary rights owner. By posting or otherwise submitting any material to any public area of the Site, you represent and warrant to YT that you have the full legal right to do so, and you automatically grant to YT (or warrant that the owner of the copyright, trademark or other proprietary rights has granted to YT) a royalty-free, perpetual, irrevocable, worldwide license to use, reproduce, modify, publish, translate and distribute that material worldwide and to incorporate it in any other form, media or technology now known or hereafter developed, solely for marketing, promotion, display and other purposes related to YT Auctions.
24. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
YT respects the intellectual property of others, and YT ask our users to do the same. YT may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide YT Copyright Agent the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site;
4. your address, telephone number, and email address;
5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property ownerÕ' behalf.
YT Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
c/o YT Tractor Co.
P.O. Box 160
Chimacum, WA 98325
By phone: (360) 385-6721
By fax: (360) 385-6721
25. GENERAL INFORMATION
Entire Agreement. The TOS constitutes the entire agreement between you and YT and governs your use of the Service, superseding any prior agreements between you and YT with respect to the Service. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other YT services, affiliate services, third-party content, or third-party software.
Choice of Law and Forum. The TOS and the relationship between you and YT shall be governed by the laws of the State of Washington without regard to its conflict of law provisions. You and YT agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Jefferson County, Washington.
Waiver and Severability of Terms. The failure of YT to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the partiesÕ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
No Right of Survivorship and Non-Transferability. You agree that your YT account is non-transferable and any rights to your YT I.D. or contents within your account terminate upon your death. Upon receipt of a copy of a death certificate, your account may be terminated and all contents therein permanently deleted.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred.
Arbitration. Any dispute you may have with YT or any of its officers, directors, employees, consultants, agents, subsidiaries or affiliates relating in any way to this agreement or your visit to or use of the Site shall be submitted to confidential arbitration in Jefferson County, Washington, except that, to the extent that YT believe that you have in any manner violated or threatened to violate our intellectual property rights, YT may seek injunctive or other appropriate relief in any state or federal court in Washington, and you consent to exclusive jurisdiction and venue in any such court, and you waive any claim of inconvenient forum or similar claim. Arbitration under this Agreement shall be conducted under the rules then prevailing of the American Arbitration Association. The arbitrator's award shall be binding, and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, unless otherwise elected by us, no arbitration under this agreement shall be joined to any arbitration involving any other party, whether through class arbitration proceedings or otherwise.
The section titles in the TOS are for convenience only and have no legal or contractual effect.
Please report any violations of the TOS via email email@example.com and a paper copy to Yesterday's Tractor Co., P.O. Box 160, Chimacum WA 98325.
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