Terms of Service

Last updated: 2024-01-16 18:24:45

AYYES.COM/JOBS.AYYES.COM SITE TERMS

TERMS OF USE

Welcome to our website (hereinafter the owner of the website is referred to as “we,” “us,” or “our”).  Before you begin to use our Website, please take a moment to review these Terms of Use (“Agreement”) which is a legal agreement.  The Agreement describes the Terms and Conditions you must agree to before you use of our website and the services provided through or in connection with our website (collectively, “Service”).  These terms may be updated and changed by us  from time to time by posting the same on our website without further notice to you.  Continued use of our Services after posting the changes or modifications constitutes an acceptance by you of the changes or modification. You must agree with all of the terms and conditions in this Agreement and the posted Privacy Policy  (“Privacy Policy”), which is incorporated by reference, before you use the Service.  If you do not agree to be bound by the terms and conditions set forth below, you may not use or access our website or the Service.  In addition you must be 18 years of age, a United States Citizen and possess the legal authority to enter into an agreement to use our website.

1.        MARKETING DISCLOSURE.

This website is a market place.  The owner has a material financial connection to the provider of the goods and services referred to on the site.  The owner receives payment for each qualified potential customer referral.  The owner is advertising on behalf of a third party advertiser with whom the provider of the products or services also has a material financial connection in that both advertisers receive payment for each qualified sale or payment for each potential customer referral.  All information regarding the products and services on this website is provided by the third party advertiser.  Upon clicking on any of the links on our Website, you will be redirected to the third party advertiser’s site and you should review their terms and conditions and privacy policy as they may differ significantly from our own.  The owner is not affiliate with the third party advertiser other than stated above.  The owner does not recommend or endorse any product or service advertised on this website.

2.        USER AGREEMENT.

By using this Website, you agree to be bound by and to comply with these Terms of Use and the posted Privacy Policy which is incorporated herein as though fully set forth herein.  Upon clicking on any link on our website, our technology will forward you directly to the participating advertiser and a new window will appear. You understand and agree that we control only the home page, informational pages on our Website. We shall not be responsible for any service, product or any subsequent agreement you may enter into with the advertiser who has a link on our Website. Your use of the services on our Website is subject to all applicable federal, state and local laws and regulations.  Our Services are void where prohibited. You understand and agree that we may share information about you collected on our Website, and other users with our vendors, sponsors, advertisers, service providers and marketers, lookup and reference services, other unaffiliated third parties, and other entities that we believe are able to provide you with their offers and opportunities, as more fully described in our posted Privacy Policy;

WE ARE NOT RESPONSIBLE FOR ANY ACTIONS AFTER YOU HAVE LEFT THIS WEBSITE.  UPON ENTRY INTO AN ADVERTISER’S WEBSITE LINKED TO THIS WEBSITE, YOU SHOULD CAREFULLY REVIEW THE PRIVACY POLICY AND TERMS OF USE OF THAT WEBSITE BEFORE ENTERING ANY PERSONAL INFORMATION AS THOSE POLICIES AND TERMS WILL DIFFER FROM THESE.

3.        YOUR REPRESENTATIONS AND WARRANTIES.

You represent and warrant that: (i) You are at least 18 years of age, are a U.S. citizen and possess the legal authority to enter into an agreement and to use the Website in accordance with this Agreement; (ii) All information supplied by you is true and accurate (without limitation of the foregoing, the provision of any speculative, incorrect, misleading, false or fraudulent information is prohibited); (iii) You represent and warrant that you will not abuse our Website and if we believe such conduct has occurred we may deny you access to our Website, as determined by us in our sole discretion.

4.        CHANGES TO TERMS OF USE AND POLICIES.

We reserve the right, in our sole discretion, to change, modify or otherwise alter this Agreement and the posted Privacy Policy, which appear on this Website at any time for any reason which change, modification or alteration is effective upon posting without further notice to you.  It is your responsibility to review this Agreement and the posted Privacy Policy, for changes each time before you use our Service.  Your continued use of our Service following the posting of changes and/or modifications will constitute your acceptance of the revisions and the reasonableness of the notice of changes.

5.        PROHIBITED USER CONDUCT.

You are prohibited from any conduct that, in our sole discretion, restricts or inhibits any other user from using or enjoying our website or any linked website.  You are prohibited from accessing or attempting to access private areas of the Website or any other user’s information.  You are prohibited from impersonating any person or entity or otherwise falsely stating or misrepresenting your affiliation with a person or entity while using our website or requesting services from our website.

You are prohibited from infringing or facilitate infringement on any copyright, patent, trademark, trade secret, or other proprietary, publicity, or privacy rights of any person or entity, including third-parties.  You are prohibited from using any data, content or information which contains or promotes any viruses, Trojan horses, worms, time bombs or other computer programming or code that is designed or intended to damage, destroy, intercept, download, interfere, manipulate, or otherwise interrupt or expropriate the Website, data, personal information, software, equipment, servers or content or facilitate or promote hacking or similar conduct.  You are prohibited from harvesting, sweeping, or use any other means, to collect information about users of the Website; Use automated means, including spiders, robots, bots, scripts, crawlers, or the like, in connection with any activity on the Website; Resell, assign, sublicense, otherwise transfer, or delegate your rights or obligations under these Terms of Use without our prior express written authorization; Modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, link, display or in any way exploit any content on our website content; or except as otherwise expressly permitted on our website, use any information you may obtain from the Website (including without limitation, user information) to send any other person unsolicited messages, commercial or otherwise, by electronic, telephonic, postal or other means.

6.        THIRD PARTY CONTENT/PROMOTIONS, THIRD PARTY PRODUCTS, AND THIRD PARTY WEBSITE ACTIVITIES.

Our Website displays and makes available content, promotions, advertisements, and offers provided by third parties, as well as goods and services offered by third parties.  You understand and agree that we shall not be responsible and shall have no liability for any third party promotion or product or for your activities on any third party websites linked to our Website.  If you participate with any third party linked to or through our Website, you do so solely at your own risk.  You agree that your sole remedy in connection with any third party will against or with that third party and you shall have no remedy against us arising from your use of or participation in, or inability to use or participate in, any third party promotions or their website.

7.        RELATIONSHIP WITH ADVERTISERS.

This is an independent Website and is not affiliated with any of the listed products or services.  Trademarks, service marks, logos, and/or domain names are the property of their respective owners, who have no association with or make any endorsement of the products or services provided by our Website.  Furthermore, participating advertisers are independent third parties to us and we are not acting as a principal, agent or broker with respect to any participating advertiser. We have a financial relationship with the advertisers, vendors and third parties  with whom we share your information.

8.        LINKED WEBSITES DISCLAIMER.

You are able to link to third parties’ Websites (“Linked Websites”) from our Website.  Linked Websites are not, however, reviewed, controlled or examined by us and we are not responsible for the content, availability, advertising, products or other materials on any Linked Websites, or any additional links contained therein.  These links do not imply our endorsement of or association with the Linked Websites.  In no event shall we be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of or your participation in activities on such Linked Websites, or the information, material, products or services accessed through these Linked Websites.  You should direct any questions or concerns to the Linked Website’s owner. We reserves the exclusive right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of these websites.

9.        INTELLECTUAL PROPERTY RIGHTS.

The content of this Website is owned by us and other parties.  As between us, we are the sole owner of our Website and all materials on or available through our Website, including without limitation, all applicable U.S. and non-U.S. copyrights, patents, trademarks, and trade secrets, and other intellectual property rights thereto (collectively, the “Website Content”).  Except as otherwise specifically provided in this Agreement, you may not download or save a copy of the Website Content or any portion thereof, for any purpose; however, you may print a copy of individual screens appearing as part of our Website Content solely for your personal, non-commercial use or records, provided that our trade marks, logos or other legends which appear on the copied screens remain on the printed material and are not removed from the printed or stored images of such screens.

Except as otherwise expressly permitted herein, you may not modify, copy, publish, display, transmit, adapt or in any way exploit any portion of the Website content unless you first obtain prior written consent from us and all other entities with an interest in the relevant intellectual property.  Any unauthorized attempt to modify any Website content, to defeat or circumvent our security features, or to utilize our website for other than its intended purposes is strictly prohibited.

10.        DISCLAIMER OF WARRANTIES.

Except as expressly set forth herein, we are not responsible for any incorrect or inaccurate information or entry of information, whether caused by users of our Website or by any of the equipment or programming associated with or utilized in connection with our Website or the products or services provided on or through our Website, or by any technical or human error which may occur in the processing of information received by us.  We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or authorized access to, or alteration of, information received or submitted in connection with the Website.  Company is not responsible for any problems, errors or technical malfunction of any telephone network or lines, computer on-line systems, servers or providers, computer equipment, or software, or any failure of email on account of technical problems or traffic congestion on the Internet or at our website or combination thereof, including injury or damage to you or your computer.

OUR WEBSITE, INCLUDING THE WEBSITE CONTENT IS PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED.  WITHOUT LIMITATION OF THE FOREGOING, WE, AND OUR PARENT, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, PARTICIPATING ADVERTISERS, SUCCESSORS AND ASSIGNS SPECIFICALLY DISCLAIM ANY AND ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF OUR WEBSITE, AND OUR WEBSITE CONTENT; AND (ii) ANY WARRANTIES OF TITLE, WARRANTY OF NON-INFRINGEMENT, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT WARRANT OR GUARANTEE THAT ANY PORTION OF OUR WEBSITE INCLUDING THE CONTENT WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO OUR  WEBSITE OR ITS CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE.  

11.        LIMITATION OF LIABILITY.

IN NO EVENT WILL WE, OUR PARENT COMPANY, SUBSIDIARIES, PARTNERS, AGENTS, AFFILIATES, LICENSORS, ADVERTISERS, SUCCESSORS AND ASSIGNS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AND EMPLOYEES AND SHAREHOLDERS BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, DIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF BUSINESS PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE), OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT, OR ANY SERVICES OF THIRD PARTY ADVERTISERS EVEN IF ALL SUCH PARTIES SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF OUR WEBSITE OR ITS CONTENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES.  ACCORDINGLY, OUR LIABILITY IN SUCH JURISDICTION SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

12.        MONITORING WEBSITE USAGE.

You agree that we may electronically monitor our Website and disclose any content, records, or electronic communication of any kind (i) to satisfy any legal process or request; (ii) to operate our website; or (iii) to protect our rights or the rights of our users, vendors, sponsors, providers, and licensors.

13.        DEALINGS WITH THIRD PARTIES.

Your correspondence or business dealings with any third parties as a result of your use of our Website or Service, including, but not limited to, business dealings with participating Advertisers any other terms, conditions, warranties, representations associated with such dealings, are solely between you and such third party Advertiser.  You agree that we 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 third party on or through our Website.

14.        WAIVER AND SEVERABILITY OF TERMS.

Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision.  If any part of this Agreement 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 parties’ intentions as reflected in the provision, and the other provisions of the Agreement remain in full force and effect.

15.        ENTIRE AGREEMENT.

This Agreement constitutes the entire agreement between you and us and governs your use of our Website and Service, superseding any prior agreements.  

16.        STATUTE OF LIMITATIONS.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF RELATED TO USE OF OUR SERVICE OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED. 

AYYES APPLICATION TERMS OF SERVICE

Please read these Terms and Conditions (“Terms”, “Terms and Conditions”) carefully before using the AYYES Application (the “Application”) operated by AYYES, LLC, a(n) Corporation based in Texas (“us”, “we”, “our”) as these Terms and Conditions contain important information regarding limitations of our liability. Your access to and use of the Application is conditional upon your acceptance of and compliance with these Terms. These Terms applies to everyone, including, but not limited to: visitors, users and others, who wish to access or use the Application.

By accessing or using the Application you agree to be bound by these Terms. If you disagree with any part of the terms then you do not have our permission to access or use the Application.

Accounts

When you create an account with us, you guarantee that you are above the age of 18, and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Application.

You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Application or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders in our sole discretion. You can terminate your account by doing the following: website.

Purchases

To effectuate a purchase, you will be asked to supply your credit card number, expiration date, CCV, billing address, and shipping address.

All payments shall be processed immediately through a third party service. We are not responsible for the retention or safety of your billing information that is collected by the third party service.

You hereby represent and warrant that: (i) you have the legal right to use any payment method(s) in connection with any purchase; and that (ii) the information you supply to us is true, correct and complete.

We reserve the right to refuse or cancel your order at any time for reasons including, but not limited to: product or service availability, error(s) in your order, or for any other reason.

We have the right to refuse or cancel your order if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information.

Cancelation

We offer cancellations only prior to shipment, prior to download, and prior to performance of service. You may cancel your order by contacting us prior to shipment, prior to download, and prior to performance of service. We reserve the right to refuse a cancellation.

Subscriptions

This Application works on a subscription model.

We offer a free trial to our customers for 30 days. After the free trial has expired, you will be charged for the subscription services.

Availability, Errors and Inaccuracies

We assume no liability for availability, errors, or inaccuracies in the information provided on this Application. We may experience delays in updating information on the Application and in our advertising on other websites. The information, products, and services found on the Application may contain errors or inaccuracies or may not be complete or current. Services may be incorrectly priced, described inaccurately, or unavailable on the Application and we cannot guarantee the accuracy or completeness of any information found on the Application. We expressly reserve the right to correct any pricing errors on our Application.

We make no representations about the suitability of the information, products, and services contained on this Application for any purpose, and the inclusion or offering of any products or services on this Application does not constitute any endorsement or recommendation of such products or services by us. We disclaim all warranties and conditions that this Application, its servers or any email sent from us are free of viruses or other harmful components.

Links to Third-Party Sites

This Application may contain hyperlinks to websites operated by parties other than us. Such hyperlinks are provided for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is up to you to take precautions to ensure that whatever links you select or software you download (whether from this Application or other websites) is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.

Intellectual Property

All contents of this Application are ©2023 AYYES, LLC. All rights reserved. Application, and all content and other materials on this Application, including, without limitation, all logos, designs, text, graphics, pictures, information, data, software, sound files, other files and the selection and arrangement thereof (collectively, ” Content “) are the proprietary property of AYYES, LLC and are either registered trademarks or trademarks of AYYES, LLC in the U.S. and/or other countries. Other logos and product and company names mentioned herein may be the trademarks of their respective owners. We are not responsible for content on websites operated by parties other than us.

If you are aware of an infringement of our intellectual property, please let us know by contacting us at legal at ayyes.com.

We respect the intellectual property rights of others. It is our policy to respond to any claim that Content posted on the Application infringes on the copyright or other intellectual property rights (“Infringement”) of any person or entity.

If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to legal at ayyes.com, with the subject line: “Copyright Infringement” and include in your claim a detailed description of the alleged Infringement as detailed below, under “DMCA Notice and Procedure for Copyright Infringement Claims”. Our copyright agent is AYYES Legal. The following is his/her contact information:

legal at ayyes.com

Contact us online or via email and direct mail

You may be held accountable for damages (including costs and attorneys’ fees) for any misrepresentation or bad-faith claims on the infringement of any Content found on and/or through the Application on your copyright.

If you believe in good faith that materials hosted by us infringe your copyright, you (or your agent) may send us a written notice that includes the following information. Please note that we will not process your complaint if it is not properly filled out or is incomplete. To report that your intellectual property rights have been infringed upon, please email us at legal at ayyes.com and include the following information:

  1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest;
  2. a description of the copyrighted work that you claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work;
  3. your address, telephone number, and email address;
  4. 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.
Damages

In no event shall AYYES, INC be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, or in any way connected with, your access to, display of or use of this Application or with the delay or inability to access, display or use this Application (including, but not limited to, your reliance upon opinions appearing on this Application; any computer viruses, information, software, linked sites, products and services obtaining through this Application; or otherwise arising out of the access to, display of or use of this Application whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes, or otherwise, and even if the AYYES, LLC has been advised of the possibility of such damages.

If, despite the limitation above, AYYES, LLC is found liable for any loss or damage which arises out of or in any way connected with any of the occurrences described above, then the liability of AYYES, LLC will in no event exceed the service fees you paid to AYYES, LLC in connection with such transaction(s) on this Application. The limitation of liability reflects the allocation of risk between the parties. The limitations specified in this section will survive and apply even if any limited remedy specified in these Terms of Use is found to have failed of its essential purpose. The limitations of liability provided in these Terms of Use inure to the benefit of AYYES, LLC.

Governing Law, Severability, Dispute Resolution, and Venue

These Terms shall be governed and construed in accordance with the laws of TX, United States, without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Application, and supersede and replace any prior agreements we might have had between us regarding the Application.

Any controversy or claim arising out of or relating to these Terms and Conditions including, without limitation, the interpretation or breach thereof, shall be resolved in a court of competent jurisdiction in TX.

Changes

We reserve the right to amend this policy at any time without any prior notice to you.

Questions

If you have any questions about this Terms and Conditions, please contact us at legal at ayyes.com.