PLEASE READ THESE TERMS OF SERVICE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND EXCLUSIONS, A CLAUSE THAT GOVERNS THE JURISDICTION AND VENUE OF DISPUTES, AND OBLIGATIONS TO COMPLY WITH APPLICABLE LAWS AND REGULATIONS.
IN PARTICULAR, Property Owners SHOULD UNDERSTAND HOW THE LAWS WORK IN THEIR RESPECTIVE CITIES. SOME CITIES HAVE LAWS THAT RESTRICT THEIR ABILITY TO LEASE THEIR LAND TO PAYING Gardeners FOR SHORT PERIODS. THESE LAWS ARE OFTEN PART OF A CITY'S ZONING OR ADMINISTRATIVE CODES. IN MANY CITIES, Property Owners MUST REGISTER, GET A PERMIT, OR OBTAIN A LICENSE BEFORE LISTING A PROPERTY OR ACCEPTING Gardeners. CERTAIN TYPES OF SHORT-TERM LeaseS MAY BE PROHIBITED ALTOGETHER. LOCAL GOVERNMENTS VARY GREATLY IN HOW THEY ENFORCE THESE LAWS. PENALTIES MAY INCLUDE FINES OR OTHER ENFORCEMENT. Property Owners SHOULD REVIEW LOCAL LAWS BEFORE LISTING A SPACE ON YARDYUM.
In addition, certain areas of the Site and Application (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions, standards, guidelines, or policies posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and terms and conditions posted for a specific area of the Site, Application, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Application, Services, or Collective Content.
If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, Application or Services. Failure to use the Site, Application or Services in accordance with these Terms may subject you to civil and criminal penalties.
THE SITE, APPLICATION AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH Property Owners MAY CREATE LISTINGS FOR PlotS AND Gardeners MAY LEARN ABOUT AND BOOK Plots DIRECTLY WITH THE Property Owners. YOU UNDERSTAND AND AGREE THAT YARDYUM IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN Property Owners AND Gardeners, NOR IS YARDYUM A REAL ESTATE BROKER, AGENT OR INSURER. YARDYUM HAS NO CONTROL OVER THE CONDUCT OF Property Owners, Gardeners AND OTHER USERS OF THE SITE, APPLICATION AND SERVICES OR ANY Plots, AND DISCLAIMS ALL LIABILITY IN THIS REGARD TO THE MAXIMUM EXTENT PERMITTED BY LAW.
IF YOU CHOOSE TO CREATE A LISTING ON YARDYUM, YOU UNDERSTAND AND AGREE THAT YOUR RELATIONSHIP WITH YARDYUM IS LIMITED TO BEING A MEMBER AND AN INDEPENDENT, THIRD-PARTY CONTRACTOR, AND NOT AN EMPLOYEE, AGENT, JOINT VENTURER OR PARTNER OF YARDYUM FOR ANY REASON, AND YOU ACT EXCLUSIVELY ON YOUR OWN BEHALF AND FOR YOUR OWN BENEFIT, AND NOT ON BEHALF OF OR FOR THE BENEFIT OF YARDYUM. YARDYUM DOES NOT CONTROL, AND HAS NO RIGHT TO CONTROL, YOUR LISTING, YOUR OFFLINE ACTIVITIES ASSOCIATED WITH YOUR LISTING, OR ANY OTHER MATTERS RELATED TO ANY LISTING, THAT YOU PROVIDE. AS A MEMBER YOU AGREE NOT TO DO ANYTHING TO CREATE A FALSE IMPRESSION THAT YOU ARE ENDORSED BY, PARTNERING WITH, OR ACTING ON BEHALF OF OR FORTHE BENEFIT OF YARDYUM, INCLUDING BY INAPPROPRIATELY USING ANY YARDYUM INTELLECTUAL PROPERTY.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, APPLICATION OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, VIA THE APPLICATION OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND RECEIVE OUR SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT. If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, "you" and "your" will refer and apply to that company or other legal entity.
YardYum provides an online platform that connects Property Owners who have land to rent with Gardeners seeking to rent such land (collectively, the "Services"), which Services are accessible at YardYum.com and any other websites through which YardYum makes the Services available (collectively, the "Site") and as applications for mobile, tablet and other smart devices and application program interfaces (collectively, the "Application").
If you are using the Site, Application or Services, these Terms of Service are between you and YardYum.
"Plot" means a specific area of land, either residential and residing on other properties.
"YardYum Content" means all Content that YardYum makes available through the Site, Application, Services, or its related promotional campaigns and official social media channels, including any Content licensed from a third party, but excluding Member Content.
"Lease Request Period" means the time period starting from the time when a Lease is requested by a Gardener (as determined by YardYum in its sole discretion), within which a Property Owner may decide whether to confirm or reject that Lease request, as stated on the Site, Application or Services. Different Lease Request Periods may apply in different places.
"Collective Content" means Member Content and YardYum Content.
"Content" means text, graphics, images, music, software (excluding the Application), audio, video, information or other materials.
"Gardener" means a Member who requests from a Property Owner a Lease of a Listing via the Site, Application or Services, or a Member who uses a Plot and is not the Property Owner for the associated Listing.
"Property Owner" means a Member who creates a Listing via the Site, Application and Services.
"Listing" means an Plot that is listed by a Property Owner as available for rental via the Site, Application, and Services.
"Member" means a person who completes YardYum's account registration process, including but not limited to Property Owners and Gardeners, as described under "Account Registration" below.
"Member Content" means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing, Member profile or YardYum promotional campaign to be made available through the Site, Application or Services.
"Tax" or "Taxes" mean any sales taxes, value added taxes (VAT), goods and services taxes (GST), transient occupancy taxes, tourist or other visitor taxes, Plot or lodging taxes, fees (such as convention center fees) that Plot providers may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.
YardYum reserves the right, at its sole discretion, to modify the Site, Application or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or via the Application or otherwise provide you with notice of the modification. We will also update the "Last Updated" date at the top of these Terms. By continuing to access or use the Site, Application or Services after we have posted a modification on the Site or via the Application or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site, Application and Services.
The Site, Application and Services are intended solely for persons who are 18 or older. Any access to or use of the Site, Application or Services by anyone under 18 is expressly prohibited. By accessing or using the Site, Application or Services you represent and warrant that you are 18 or older.
For users in the United States, YardYum may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain reports from public records of criminal convictions or sex offender registrations of the user. For users outside the United States, we may, to the extent permitted by applicable laws and if we have sufficient information to identify a user, obtain the local version of background or registered sex offender checks in our sole discretion. You agree and authorize us to use your personal information, such as your full name and date of birth, to obtain such reports, including from YardYum's vendors.
The Site, Application and Services can be used to facilitate the listing and Lease of Plots. Such Plots are included in Listings on the Site, Application and Services by Property Owners. You may view Listings as an unregistered visitor to the Site, Application and Services; however, if you wish to book an Plot or create a Listing, you must first register to create an YardYum Account (defined below).
As stated above, YardYum makes available an online platform or marketplace with related technology for Gardeners and Property Owners to meet online and arrange for Leases of Plots directly with each other. YardYum is not an owner or operator of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Plots, nor is it a provider of properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Plots and YardYum does not own, sell, resell, furnish, provide, rent, re-rent, manage and/or control properties, including, but not limited to, hotel rooms, motel rooms, other lodgings or Plots or transportation or travel services. Unless explicitly specified otherwise in the YardYum platform, YardYum's responsibilities are limited to facilitating the availability of the Site, Application and Services.
PLEASE NOTE THAT, AS STATED ABOVE, THE SITE, APPLICATION AND SERVICES ARE INTENDED TO BE USED TO FACILITATE Property Owners AND GardenerS CONNECTING AND Lease PlotS DIRECTLY WITH EACH OTHER. YARDYUM CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY PlotS. YARDYUM IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND PlotS. ACCORDINGLY, ANY LeaseS WILL BE MADE OR ACCEPTED AT THE MEMBER'S OWN RISK.
In order to access certain features of the Site and Application, and to book an Plot or create a Listing, you must register to create an account ("YardYum Account") and become a Member. You may register to join the Services directly via the Site or Application or as described in this section.
You can also register to join by logging into your account with certain third-party social networking sites ("SNS") (including, but not limited to, Facebook; each such account, a "Third-Party Account"), via our Site or Application, as described below. As part of the functionality of the Site, Application and Services, you may link your YardYum Account with Third-Party Accounts, by either: (i) providing your Third-Party Account login information to YardYum through the Site, Services or Application; or (ii) allowing YardYum to access your Third-Party Account, as permitted under the applicable terms and conditions that govern your use of each Third-Party Account. You represent that you are entitled to disclose your Third-Party Account login information to YardYum and/or grant YardYum access to your Third-Party Account (including, but not limited to, for use for the purposes described herein), without breach by you of any of the terms and conditions that govern your use of the applicable Third-Party Account and without obligating YardYum to pay any fees or making YardYum subject to any usage limitations imposed by such third-party service providers. By granting YardYum access to any Third-Party Accounts, you understand that YardYum will access, make available and store (if applicable) any Content that you have provided to and stored in your Third-Party Account ("SNS Content") so that it is available on and through the Site, Services and Application via your YardYum Account and YardYum Account profile page. Unless otherwise specified in these Terms, all SNS Content, if any, will be considered to be Member Content for all purposes of these Terms. Depending on the Third-Party Accounts you choose and subject to the privacy settings that you have set in such Third-Party Accounts, personally identifiable information that you post to your Third-Party Accounts will be available on and through your YardYum Account on the Site, Services and Application. Please note that if a Third-Party Account or associated service becomes unavailable or YardYum's access to such Third-Party Account is terminated by the third-party service provider, then SNS Content will no longer be available on and through the Site, Services and Application. You have the ability to disable the connection between your YardYum Account and your Third-Party Accounts, at any time, by accessing the "Settings" section of the Site and Application. PLEASE NOTE THAT YOUR RELATIONSHIP WITH THE THIRD-PARTY SERVICE PROVIDERS ASSOCIATED WITH YOUR THIRD-PARTY ACCOUNTS IS GOVERNED SOLELY BY YOUR AGREEMENT(S) WITH SUCH THIRD-PARTY SERVICE PROVIDERS. YardYum makes no effort to review any SNS Content for any purpose, including but not limited to for accuracy, legality or non-infringement and YardYum is not responsible for any SNS Content.
Your YardYum Account and your YardYum Account profile page will be created for your use of the Site and Application based upon the personal information you provide to us or that we obtain via an SNS as described above. You may not have more than one (1) active YardYum Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. YardYum reserves the right to suspend or terminate your YardYum Account and your access to the Site, Application and Services if you create more than one (1) YardYum Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current, incomplete, or otherwise in violation of these Terms of Service.
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your YardYum Account, whether or not you have authorized such activities or actions. You will immediately notify YardYum of any unauthorized use of your YardYum Account.
As a Member, you may create Listings. To create a Listing, you will be asked a variety of questions about the Plot to be listed, including, but not limited to, the location, capacity, size, features, and availability of the Plot and pricing and related rules and financial terms. In order to be featured in Listings via the Site, Application and Services, all Plots must have valid physical addresses. Listings will be made publicly available via the Site, Application and Services. You understand and agree that the placement or ranking of Listings in search results may depend on a variety of factors, including, but not limited to, Gardener and Property Owner preferences, ratings and/or ease of Lease.
Other Members will be able to book your Plot via the Site, Application and Services based upon the information provided in your Listing, your Gardener requirements, and Gardeners' search parameters and preferences. You understand and agree that once a Gardener requests a Lease of your Plot, you may not request the Gardener to pay a higher price than in the Lease request.
You acknowledge and agree that you alone are responsible for any and all Listings and Member Content you post. Accordingly, you represent and warrant that any Listing you post and the Lease of, or a Gardener's stay at, an Plot in a Listing you post (i) will not breach any agreements you have entered into with any third parties, such as homeowners association, condominium, lease or rental agreements, and (ii) will (a) be in compliance with all applicable laws (such as zoning laws and laws governing rentals of residential and other properties), Tax requirements, Intellectual Property laws, and rules and regulations that may apply to any Plot included in a Listing you post (including having all required permits, licenses and registrations), and (b) not conflict with the rights of third parties. Please note that YardYum assumes no responsibility for a Property Owner's compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. YardYum reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that YardYum, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or YardYum's then-current Policies and Community Guidelines or Standards, Trademark & Branding Guidelines, or otherwise harmful to the Site, Application or Services.
If you are a Property Owner, you understand and agree that YardYum does not act as an insurer or as your contracting agent. If a Gardener requests a Lease of your Plot and uses your Plot, any agreement you enter into with such Gardener is between you and the Gardener and YardYum is not a party to it.
When you create a Listing, you may also choose to include certain requirements which must be met by the Members who are eligible to request a Lease of your Plot, such as requiring Members to have a profile picture or verified phone number, in order to book your Plot. Any Member wishing to book Plots included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the "Owner" section of the Site, Application and Services.
If you are a Property Owner, YardYum makes certain tools available to you to help you to make informed decisions about which Members you choose to confirm or preapprove for Lease for your Plot. You acknowledge and agree that, as a Property Owner, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals who reside at or are otherwise present at the Plot at your request or invitation, excluding the Gardener (and the individuals the Gardener invites to the Plot, if applicable.)
YardYum recommends that Property Owners obtain appropriate insurance for their Plots. Please review any insurance policy that you may have for your Plot carefully, and in particular please make sure that you are familiar with and understand any exclusions to, and any deductibles that may apply for, such insurance policy, including, but not limited to, whether or not your insurance policy will cover the actions or inactions of Gardeners (and the individuals the Gardener invites to the Plot, if applicable) while at your Plot.
YardYum may offer Property Owners the option of having photographers take photographs of their Plots. If you as a Property Owner choose to have photographer do this, YardYum shall own all copyrights in photographs taken but these photographs will be made available to you to include in your Listing with a watermark or tag bearing the words "YardYum.com Verified Photo" or similar wording ("Verified Images"). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images for your Listing and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing or if you cease to be a Property Owner for the Listing featured. All images, materials and content created by these photographers, including Verified Images, constitute YardYum Content, regardless of whether you include them in your Listingand you agree not to use them except in your Listing without prior authorization from YardYum. If your YardYum Account is terminated or suspended for any reason, you shall not use Verified Images in any way. You agree that YardYum retains its right to and mayuse the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.
YardYum does not endorse any Member, Listing or Plot. You understand that Verified Images are intended only to indicate a photographic representation of the Plot at the time the photograph was taken. Verified Images are therefore not an endorsement by YardYum of any Member, Listing or Plot.
Members are required by these Terms to provide accurate information. Although YardYum may, for transparency or fraud prevention or detection purposes, directly or through third parties, ask you to provide a form of government identification, your date of birth, and other information, or undertake additional checks and processes designed to help verify or check the identities or backgrounds of Members and/or screen Member information against third party databases or other sources, we do not make any representations about, confirm, or endorse any Member or the Member's purported identity or background.
By registering for an YardYum Account, you agree that YardYum may - but is not obligated to - request a consumer report on you from a Consumer Reporting Agency. If we do request a consumer report, we'll request and use it in compliance with applicable law, including the Fair Credit Reporting Act.
Any references in the Site, Application or Services to a Member being "verified" or "connected" (or similar language) only indicate that the Member has completed a relevant verification or identification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by YardYum about any Member, including of the Member's identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site, Application and Services. We therefore recommend that you always exercise due diligence and care when deciding whether to stay with a Property Owner or to accept or preapprove a Lease request from a Gardener, or to have any other interaction with any other Member. Except as provided in the YardYum Property Owner Guarantee Terms and Conditions ("YardYum Property Owner Guarantee"), which is an agreement between YardYum and Property Owners, we are not responsible for any damage or harm resulting from your interactions with other Members.
By using the Site, Application or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from YardYum with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any Leases or Listings made by you. This limitation shall not apply to any claim by a Property Owner against YardYum regarding the remittance of payments received from a Gardener by YardYum on behalf of a Property Owner, which instead shall be subject to the limitations described in the section below entitled "Limitation of Liability".
As a Gardener, you are responsible for respecting the Plot and all other property owned by the Property Owner. You acknowledge and agree that, as a Gardener, you are responsible for your own acts and omissions and are also responsible for the acts and omissions of any individuals whom you invite to, or otherwise provide access to, the Plot. In the event that a Property Owner claims otherwise and provides evidence of damage ("Damage Claim"), including but not limited to photographs, you agree to pay the cost of replacing the damaged items with equivalent items.
Property Owners may choose to include security deposits in their Listings ("Security Deposits"). Each Listing will describe whether a Security Deposit is required for the applicable Plot. YardYum will use commercially reasonable efforts to address Property Owners' requests and claims related to Security Deposits, but YardYum is not responsible for administering or accepting any Damage Claims by Property Owners related to Security Deposits, and disclaims any and all liability in this regard.
If a Property Owner makes a Damage Claim for a confirmed Lease of an Plot, you as a Gardener will be notified of any Damage Claim and given forty eight (48) hours to respond. Thereafter, YardYum will collect any such costs from you and/or against the Security Deposit in accordance with the Payments Terms. YardYum also reserves the right to otherwise collect payment from you and pursue any avenues available to YardYum in this regard in situations in which you have been determined, in YardYum's sole discretion, to have damaged any Plot, including, but not limited to, in relation to any payment requests made by Property Owners under the YardYum Property Owner Guarantee, and in relation to any payments made by YardYum to Property Owners.
Both Gardeners and Property Owners agree to cooperate with and assist YardYum in good faith, and to provide YardYum with such information and take such actions as may be reasonably requested by YardYum, in connection with any Damage Claims or other complaints or claims made by Members relating to Plots or any personal or other property located at an Plot (including, without limitation, payment requests made under the YardYum Property Owner Guarantee) or with respect to any investigation undertaken by YardYum or a representative of YardYum regarding use or abuse of the Site, Application or the Services. If you are a Gardener, upon YardYum's reasonable request, and to the extent you are reasonably able to do so, you agree to participate in mediation or similar resolution process with a Property Owner, at no cost to you, which process will be conducted by YardYum or a third party selected by YardYum or its insurer, with respect to losses for which the Property Owner is requesting payment from YardYum under the YardYum Property Owner Guarantee.
If you are a Gardener, you understand and agree that YardYum may make a claim under your homeowner's, renter's or other insurance policy related to any damage or loss that you may have caused or been responsible for or to an Plot or any personal or other property located at an Plot (including without limitation amounts paid by YardYum under the YardYum Property Owner Guarantee). You agree to cooperate with and assist YardYum in good faith, and to provide YardYum with such information as may be reasonably requested by YardYum, in order to make a claim under your homeowner's, renter's or other insurance policy, including, but not limited to, executing documents and taking such further acts as YardYum may reasonably request to assist YardYum in accomplishing the foregoing.
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Application, Services and Collective Content. In connection with your use of the Site, Application, Services and Collective Content, you may not and you agree that you will not:
YardYum has the right to investigate and prosecute violations of any of the above to the fullest extent of the law. In addition, and as set in these Terms, YardYum may take a range of actions against you, including but not limited to deactivating or canceling your Listing(s) or YardYum Account, for a violation of this Section or these Terms.
YardYum may access, preserve and disclose any of your information if we are required to do so by law, or if we believe in good faith that it is reasonably necessary to (i) respond to claims asserted against YardYum or to comply with legal process (for example, subpoenas or warrants), (ii) enforce or administer our agreements with users, such as these Terms and the YardYum Property Owner Guarantee, (iii) for fraud prevention, risk assessment, investigation, customer support, product development and de-bugging purposes, or (iv) protect the rights, property or safety of YardYum, its users, or members of the public. You acknowledge that YardYum has no obligation to monitor your access to or use of the Site, Application, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site, Application and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. YardYum reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that YardYum, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, Application or Services.
If you stay with or Property Owner anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who (i) engages in offensive, violent or sexually inappropriate behavior, (ii) you suspect of stealing from you, or (iii) engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to YardYum by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
The Site, Application, Services, and Collective Content are protected by copyright, trademark, and other laws of the United States and foreign countries. You acknowledge and agree that the Site, Application, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of YardYum and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Application, Services, or Collective Content. All trademarks, service marks, logos, trade names, and any other proprietary designations of YardYum used on or in connection with the Site, Application, Services, and YardYum Content are trademarks or registered trademarks of YardYum in the US and abroad. Trademarks, service marks, logos, trade names and any other proprietary designations of third parties used on or in connection with the Site, Application, Services, and YardYum Content are used for identification purposes only and may be the property of their respective owners. As a Property Owner, Gardener, or Member, you understand and agree that you are bound by the additional Terms, Guidelines and Policies that apply to your use of the Site, Application, Services and Collective Content, including YardYum's Trademark & Branding Guidelines (as may be updated from time to time).
We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site, Application, Services, or through YardYum promotional campaigns, you hereby grant to YardYum a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site, Application and Services. YardYum does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site, Application, Services or through YardYum promotional campaigns. Accordingly, you represent and warrant that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site, Application, Services or through YardYum promotional campaigns or you have all rights, licenses, consents and releases that are necessary to grant to YardYum the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or YardYum's use of the Member Content (or any portion thereof) on, through or by means of the Site, Application, the Services or YardYum promotional campaigns will infringe, misappropriate or violate a third party's patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.
The Site, Application and Services may contain links to third-party websites or resources. You acknowledge and agree that YardYum is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by YardYum of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.
We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site, Application and Services ("Feedback"). You may submit Feedback by emailing us, through the "Contact" section of the Site and Application, or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of YardYum and you hereby irrevocably assign to YardYum and agree to irrevocably assign to YardYum all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At YardYum's request and expense, you will execute documents and take such further acts as YardYum may reasonably request to assist YardYum to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
This Agreement shall be effective for a 30-day term, at the end of which it will automatically and continuously renew for subsequent 30-day terms until such time when you or YardYum terminate the Agreement as described below.
Termination for convenienceYou may terminate this Agreement at any time via the "Cancel Account" feature on the Site or by sending us an email. If you cancel your YardYum Account as a Property Owner, any confirmed Leases will be automatically cancelled and your Gardeners will receive a full refund. If you cancel your YardYum Account as a Gardener, any confirmed Lease will be automatically cancelled and any refund will depend upon the terms of the applicable cancellation policy.
Without limiting our rights specified below, YardYum may terminate this Agreement for convenience at any time by giving you 30 days' notice via email to your registered email address.
Termination for breach, suspension and other measures
YardYum may immediately, without notice terminate this Agreement if (i) you have materially breached these Terms or our Policies, including but not limited to any breach of your warranties outlined in these Terms or breach of the "User Conduct" provisions in these Terms, (ii) you have provided inaccurate, fraudulent, outdated or incomplete information during the YardYum Account registration, or Listing process or thereafter, (iii) you have violated applicable laws, regulations or third party rights, or (iv) YardYum believes in good faith that such action is reasonably necessary to protect the safety or property of other Members, YardYum or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In addition YardYum may deactivate or delay Listings, reviews, or other Member Content, cancel any pending or confirmed Leases, limit your use of or access to your YardYum Account and the Site, Application or Services, temporarily or permanently revoke any special status associated with your YardYum Account, or temporarily or permanently suspend your YardYum Account if (i) you have breached these Terms or our Policies, including material and non-material breaches and receiving poor ratings from Property Owners or Gardeners, or (ii) YardYum believes in good faith that such action is reasonably necessary to protect the safety or property of Members, YardYum or third parties, for fraud prevention, risk assessment, security or investigation purposes.
In case of non-material breaches and where appropriate, you will be given notice of any measure by YardYum and an opportunity to resolve the issue to YardYum's reasonable satisfaction.
If we take any of the measures described above we may (i) communicate to your Gardeners or Property Owners that a pending or confirmed Lease has been cancelled, (ii) refund your Gardeners in full for any and all confirmed Leases, irrespective of preexisting cancellation policies, (iii) support your Gardeners, on an exceptional basis, in finding potential alternative Plots, and (iv) you will not be entitled to any compensation for confirmed Leases that were cancelled.
If you or we terminate this Agreement, we do not have an obligation to delete or return to you any of your Member Content, including but not limited to any reviews or Feedback. When this Agreement has been terminated, you are not entitled to a restoration of your YardYum Account or any of your Member Content. If your access to or use of the Site, Application and Services has been limited or your YardYum Account has been suspended or this Agreement has been terminated by us, you may not register a new YardYum Account or attempt to access and use the Site, Application and Services through other YardYum Accounts.
If you or we terminate this Agreement, the clauses of these Terms that reasonably should survive termination of the Agreement will remain in effect.
IF YOU CHOOSE TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT OR PARTICIPATE IN THE REFERRAL PROGRAM, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT YARDYUM DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, GardenerS AND Property Owners, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. IF WE CHOOSE TO CONDUCT SUCH CHECKS, TO THE EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT SUCH CHECKS WILL IDENTIFY PRIOR MISCONDUCT BY A USER OR GUARANTEE THAT A USER WILL NOT ENGAGE IN MISCONDUCT IN THE FUTURE.
THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT AND REFERRAL PROGRAM ARE PROVIDED "AS IS", WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, YARDYUM EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. YARDYUM MAKES NO WARRANTY THAT THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY PlotS, OR THE REFERRAL PROGRAM WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. YARDYUM MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, PlotS, Property Owners, GardenerS, YOUR ACCRUAL OF YARDYUM TRAVEL CREDITS, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, APPLICATION, SERVICES OR REFERRAL PROGRAM.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM YARDYUM OR THROUGH THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY Property Owners OR GardenerS. YOU UNDERSTAND THAT YARDYUM DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE, APPLICATION OR SERVICES OR TO REVIEW OR VISIT ANY PlotS. YARDYUM MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE, APPLICATION OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE, APPLICATION OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE, APPLICATION OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION OR SERVICES, INCLUDING, BUT NOT LIMITED TO, GardenerS AND Property Owners, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY YARDYUM. YARDYUM EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT OR OMISSION OF ANY Gardener OR OTHER THIRD PARTY.
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, APPLICATION, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR Lease OF ANY PlotS VIA THE SITE, APPLICATION AND SERVICES, YOUR PARTICIPATION IN THE REFERRAL PROGRAM, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF YARDYUM WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER YARDYUM NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, APPLICATION, SERVICES, COLLECTIVE CONTENT OR THE REFERRAL PROGRAM WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, APPLICATION, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, APPLICATION, SERVICES, OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM OR FROM YOUR LISTING OR Lease OF ANY Plot VIA THE SITE, APPLICATION AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT YARDYUM HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
EXCEPT FOR OUR OBLIGATIONS TO PAY AMOUNTS TO APPLICABLE Property Owners PURSUANT TO THESE TERMS OR AN APPROVED PAYMENT REQUEST UNDER THE YARDYUM Property Owner GUARANTEE, IN NO EVENT WILL YARDYUM'S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, APPLICATION AND SERVICES INCLUDING, BUT NOT LIMITED TO, FROM YOUR LISTING OR Lease OF ANY Plot VIA THE SITE, APPLICATION AND SERVICES, OR FROM THE USE OF OR INABILITY TO USE THE SITE, APPLICATION, SERVICES, OR COLLECTIVE CONTENT OR YOUR PARTICIPATION IN THE REFERRAL PROGRAM AND IN CONNECTION WITH ANY Plot OR INTERACTIONS WITH ANY OTHER MEMBERS, EXCEED THE AMOUNTS YOU HAVE PAID OR OWE FOR LeaseS VIA THE SITE, APPLICATION AND SERVICES AS A Gardener IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR IF YOU ARE A Property Owner, THE AMOUNTS PAID BY YARDYUM TO YOU IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENTS HAVE BEEN MADE, AS APPLICABLE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YARDYUM AND YOU. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
You agree to release, defend, indemnify, and hold YardYum and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (a) your access to or use of the Site, Application, Services, or Collective Content or your violation of these Terms; (b) your Member Content; (c) your (i) interaction with any Member, (ii) Lease of an Plot, or (iii) creation of a Listing; (d) the use, condition or rental of an Plot by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a rental, Lease or use of an Plot; and (e) your participation in the Referral Program or your accrual of any YardYum Travel Credits.
Except as they may be supplemented by additional YardYum policies, guidelines, standards, or terms for a specific product, feature, service or offering, these Terms constitute the entire and exclusive understanding and agreement between YardYum and you regarding the Site, Application, Services, Collective Content (excluding Payment Services), and any Leases or Listings of Plots made via the Site, Application and Services (excluding Payment Services), and these Terms supersede and replace any and all prior oral or written understandings or agreements between YardYum and you regarding Leases or listings of Plots, the Site, Application, Services, and Collective Content (excluding Payment Services).
You may not assign or transfer these Terms, by operation of law or otherwise, without YardYum's prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. YardYum may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by YardYum (i) via email (in each case to the address that you provide) or (ii) by posting to the Site or via the Application. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.
These Terms and your use of the Services will be interpreted in accordance with the laws of the State of Nevada and the United States of America, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Douglas County, Stateline, Nevada or a United States District Court for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.
If you reside in the United States, you and YardYum agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site, Application or Collective Content (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and YardYum are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, private attorney-general action, or any other representative proceeding. Further, unless both you and YardYum otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of these Terms.
Arbitration Rules and Governing Law. This agreement to arbitrate evidences a transaction in interstate commerce, and thus the Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available by calling the AAA at 1--800--778--7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this section.
Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides a form Demand for Arbitration.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Nevada and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure. Unless you and YardYum otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents you and YardYum submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000, your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If you prevail in arbitration you will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. YardYum will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if your claim for damages does not exceed $75,000, YardYum will pay all such fees unless the arbitrator finds that either the substance of your claim or the relief sought in your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).
Changes. Notwithstanding the provisions of the "Modification" section above, if YardYum changes this "Dispute Resolution" section after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email) within 30 days of the date such change became effective, as indicated in the "Last Updated" date above or in the date of YardYum's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and YardYum in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted these Terms (or accepted any subsequent changes to these Terms).
The failure of YardYum to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of YardYum. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise. If for any reason an arbitrator or a court of competent jurisdiction finds any provision of these Terms invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the other provisions of these Terms will remain in full force and effect.
These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties.