Agreement between User and Yeah Yeah Agency
Welcome to the Yeah Yeah Agency! The https://www.yeahyeah.agency website (the “Site”) is comprised of various web pages operated by Yeah Yeah Agency (“Yeah Yeah”). https://www.yeahyeah.agency is offered to you conditioned on your acceptance without modification of the terms, conditions, and notices contained herein (the “Terms”). Your use of https://www.yeahyeah.agency constitutes your agreement to all such Terms. Please read these terms carefully, and keep a copy of them for your reference.
https://www.yeahyeah.agency is an E-Commerce Site.
The purpose of this website is to make the world a little less boring. Seriously. Yeah Yeah offers communications services to help clients share their products, services, and/or causes more effectively to their audience.
Yeah Yeah offers an email newsletter to subscribers.
Yeah Yeah also sells apparel, mugs, notebooks and other products that showcase Yeah Yeah related artwork and sayings.
Visiting https://www.yeahyeah.agency or sending emails to Yeah Yeah constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use this site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that Yeah Yeah is not responsible for third party access to your account that results from theft or misappropriation of your account. Yeah Yeah and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
Children Under Thirteen
Yeah Yeah does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. If you are under 18, you may use https://www.yeahyeah.agency only with permission of a parent or guardian.
Once ordered, the audit cannot be cancelled or refunded. Monthly plans may be cancelled at any time but monthly subscription dues are not refundable. Subscribers to the email newsletter may unsubscribe at any time.
With respect to canceling or refunding Yeah Yeah “gear” orders (apparel, notebooks, mugs, etc.), Once an order has been sent to production it is sent to a print provider and customers can no longer edit any details or cancel it. If the shipment details were incorrect, or the customer ordered the wrong size or color, Yeah Yeah is not responsible and will not offer replacements or refunds.
However, in some cases, we can offer a replacement order free of charge, if there are any issues with the order, like manufacturing error, printing issues and such.
In case a replacement order is arranged, there is no need to send the original order back to Yeah Yeah.
If issues arise with a replacement order, we can offer you a refund.
Please feel free to contact our Support Team with all the necessary information and photographic evidence for investigation to [email protected], and we will do everything possible to correct the situation and provide the most suitable solution to you, depending if the replacement or a refund is eligible or not.
Links to Third Party Sites/Third Party Services
https://www.yeahyeah.agency may contain links to other websites (“Linked Sites”). The Linked Sites are not under the control of Yeah Yeah and Yeah Yeah is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Yeah Yeah is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Yeah Yeah of the site or any association with its operators.
Certain services made available via https://www.yeahyeah.agency are delivered by third party sites and organizations. By using any product, service or functionality originating from the https://www.yeahyeah.agency domain, you hereby acknowledge and consent that Yeah Yeah may share such information and data with any third party with whom Yeah Yeah has a contractual relationship to provide the requested product, service or functionality on behalf of https://www.yeahyeah.agency users and customers.
No Unlawful or Prohibited Use/Intellectual Property
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Site, is the property of Yeah Yeah or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Yeah Yeah content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of Yeah Yeah and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Yeah Yeah or our licensors except as expressly authorized by these Terms.
Third Party Accounts
You will be able to connect your Yeah Yeah account to third party accounts. By connecting your Yeah Yeah account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party sites). If you do not want information about you to be shared in this manner, do not use this feature.
The Service is controlled, operated and administered by Yeah Yeah from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Yeah Yeah Content accessed through https://www.yeahyeah.agency in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree to indemnify, defend and hold harmless Yeah Yeah, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Yeah Yeah reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Yeah Yeah in asserting any available defenses.
In the event the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regards to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Class Action Waiver
Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative/collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Yeah Yeah agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YEAH YEAH AGENCY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
YEAH YEAH AGENCY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. YEAH YEAH AGENCY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
Yeah Yeah reserves the right, in its sole discretion, to terminate your access to the Site and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Delaware and you hereby consent to the exclusive jurisdiction and venue of courts in Delaware in all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Yeah Yeah as a result of this agreement or use of the Site. Yeah Yeah’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Yeah Yeah’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Yeah Yeah with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Yeah Yeah with respect to the Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Yeah Yeah with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Changes to Terms
Yeah Yeah reserves the right, in its sole discretion, to change the Terms under which https://www.yeahyeah.agency is offered. The most current version of the Terms will supersede all previous versions. Yeah Yeah encourages you to periodically review the Terms to stay informed of our updates.
Yeah Yeah welcomes your questions or comments regarding the Terms:
Yeah Yeah Agency
PO Box 1774
Loomis, California 95650
Effective as of June 17, 2020