You understand that Yurts Properties are evolving. As a result, Yurts may require you to accept updates to Yurts Properties that you have installed on your computer or mobile device. You acknowledge and agree that Yurts may update Yurts Properties with or without notifying you.
You agree that you will not, under any circumstances: (a) interfere with or damage Yurts Properties, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information, or similar methods or technology; (b) modify or cause to be modified any files that are a part of Yurts Properties; (c) disrupt, overburden, or aid or assist in the disruption or overburdening of: (i) any computer or server used to offer or support Yurts Properties; or (ii) the enjoyment of Yurts Properties by any other person; (d) access, tamper with or use non-public areas of Yurts Properties, Yurts’ computer systems, or the technical delivery systems of Yurts’ providers; (e) attempt to probe, scan, or test the vulnerability of any Yurts system or network, or breach any security or authentication measures; (f) disrupt or interfere with the security of, or otherwise cause harm to, Yurts Properties, systems, resources, accounts, passwords, servers or networks connected to or accessible through Yurts Properties or any affiliated or linked sites; or (g) avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by Yurts or any of Yurts’ providers or any other third party to protect Yurts Properties.
Yurts Properties may contain links to third-party websites (“Third-Party Websites”) and applications (“Third-Party Applications”) and advertisements for third parties (“Third-Party Ads”). When you click on a link to a Third-Party Website, Third-Party Application or Third-Party Ad, we will not warn you that you have left Yurts Properties and are subject to the terms and conditions (including privacy policies) of another website or destination. Such Third-Party Websites, Third-Party Applications and Third-Party Ads are not under the control of Yurts. Yurts is not responsible for any Third-Party Websites, Third-Party Applications or Third-Party Ads. Yurts provides these Third-Party Websites, Third-Party Applications and Third Party Ads only as a convenience and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Websites, Third-Party Applications or Third-Party Ads, or any product or service provided in connection therewith. You use all links in Third-Party Websites, Third-Party Applications and Third-Party Ads at your own risk. When you leave our Website, the Agreement and policies no longer govern. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Websites or Third-Party Applications, and make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party.
You agree that Yurts and its suppliers own all rights, title and interest in Yurts Properties. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying Yurts Properties. Yurts’ stylized name and other related graphics, logos, service marks and trade names used on or in connection with Yurts Properties are the trademarks of Yurts and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in Yurts Properties are the property of their respective owners.
You agree that submission of any ideas, suggestions, documents, and/or proposals to Yurts through its suggestion, feedback, wiki, forum or similar pages (“Feedback”) is at your own risk and that Yurts has no obligations (including without limitation obligations of confidentiality) with respect to such Feedback. You represent and warrant that you have all rights necessary to submit the Feedback. You hereby grant to Yurts a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, reproduce, perform, display, distribute, adapt, modify, re-format, create derivative works of, and otherwise commercially or non-commercially exploit in any manner, any and all Feedback, and to sublicense the foregoing rights, in connection with the operation and maintenance of Yurts Properties.
You expressly understand and agree that to the extent permitted by applicable law, your use of yurts properties is at your sole risk, and yurts properties are provided on an “as is” and “as available” basis, with all faults. Yurts parties expressly disclaim all warranties, representations, and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties or conditions of merchantability, fitness for a particular purpose and non-infringement. Yurts parties make no warranty, representation or condition that: (1) yurts properties will meet your requirements; (2) your use of yurts properties will be uninterrupted, timely, secure or error-free; (3) the results that may be obtained from use of yurts properties will be accurate or reliable; or (4) any errors in yurts properties will be corrected. The website may be subject to delays, cancellations and other disruptions. No advice or information, whether oral or written, obtained from yurts or through yurts properties will create any warranty not expressly made herein.
Under no circumstances will yurts parties be liable to you for more than the greater of (a) $100, and (b) the remedy or penalty imposed by the statute under which such claim arises. The foregoing cap on liability shall not apply to liability of a yurts party for (a) death or personal injury caused by a yurts party’s negligence; or for (b) any injury caused by a yurts party’s fraud or fraudulent misrepresentation.
The limitations of damages set forth above are fundamental elements of the basis of the bargain between yurts and you. Certain jurisdictions do not allow the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above exclusions or limitations may not apply to you, and you might have additional rights.
Yurts Properties can be accessed from countries around the world and may contain references to services and content that are not available in your country. These references do not imply that Yurts intends to announce such services or content in your country. Yurts Properties are controlled and offered by Yurts from its facilities in the United States of America. Yurts makes no representations that Yurts Properties are appropriate or available for use in other locations. Those who access or use Yurts Properties from other jurisdictions do so at their own volition and are responsible for compliance with local law.
The communications between you and Yurts use electronic means, whether you visit Yurts Properties or send Yurts e-mails, or whether Yurts posts notices on Yurts Properties or communicates with you via e-mail. For contractual purposes, you (1) consent to receive communications from Yurts in an electronic form; and (2) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Yurts provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Yurts shall not be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.