YoungBiz UK Website Terms of Use and Notices
Last Updated: October 2006
1. THIS IS AN AGREEMENT BETWEEN YOU AND YOUNGBIZ UK, LTD.
This is an agreement ("Agreement") between you and YoungBiz
Inc.. This Agreement governs your use of any Web site
or Web page operated by YoungBiz UK, Ltd.. You represent
that you are at least: 13 years of age (for general content)
and/or 18 years of age or accompanied by a GUARDIAN (for
online purchases); and any information that you submit
is correct.
YOUNGBIZ OFFERS THE YOUNGBiz WEB SITES TO YOU CONDITIONED
ON YOUR ACCEPTANCE WITHOUT MODIFICATION OF THIS AGREEMENT.
YOUR USE OF THE YOUNGBIZ WEB SITES CONSTITUTES YOUR ACCEPTANCE
OF THIS AGREEMENT.
THIS AGREEMENT CONTAINS DISCLAIMERS OF WARRANTIES AND
LIABILITY (See Sections 7, 8, and 9); AND AN EXCLUSIVE
REMEDY (See Section 8). THESE PROVISIONS FORM AN ESSENTIAL
BASIS OF OUR BARGAIN.
2. HOW YOUNGBIZ MAY MODIFY THIS AGREEMENT
YoungBiz reserves the right to change the terms, conditions, and notices under
which it offers the YoungBiz Web Sites, including any
charges associated with the use of the YoungBiz Web Sites.
You are responsible for regularly reviewing these terms,
conditions and notices, and any additional terms posted
on any YoungBiz Web Site. Your continued use of the YoungBiz
Web Sites after the effective date of such changes constitutes
your acceptance of and agreement to such changes.
3. ADDITIONAL TERMS
Any YoungBiz Web Site may itself contain additional terms
(for example, codes of conduct or guidelines) that further
govern use of that YoungBiz Web Site, including without
limitation, particular features or offers. If any terms
contained in this Agreement conflict with any terms contained
within a YoungBiz Web Site, then the terms in this Agreement
shall control.
4. NO COMMERCIAL, UNLAWFUL OR HARMFUL USE OF THE
YOUNGBIZ WEB SITES
The YoungBiz Web Sites are only for your personal use.
You will not use the YoungBiz Web Sites for commercial
purposes. You will not use the YoungBiz Web Sites in any
way that is unlawful, or harms YoungBiz, and/or its affiliates,
as determined in YoungBiz's sole discretion. YoungBiz
may tell you about certain specific harmful uses in a
code of conduct or other notices available through a YoungBiz
Web Site, but has no obligation to do so. You may not
use the YoungBiz Web Sites in any way that breaches any
code of conduct, policy or other notice applicable to
the YoungBiz Web Sites. Without limiting the generality
of this section, you may not use the YoungBiz Web Sites
in any manner that could damage, disable, overburden,
or impair any YoungBiz Web Site (or the network(s) connected
to any YoungBiz Web Site) or interfere with any other
party's use and enjoyment of the YoungBiz Web Sites.
5. MATERIALS YOU POST OR PROVIDE; COMMUNICATIONS MONITORING
For materials you post or otherwise provide to YoungBiz
related to the YoungBiz Web Sites (a "Submission"), you
grant YoungBiz permission to (1) use, copy, distribute,
transmit, publicly display, publicly perform, reproduce,
edit, modify, translate and reformat your Submission,
each in connection with the YoungBiz Web Sites, and (2)
sublicense these rights, to the maximum extent permitted
by applicable law.YoungBiz will not pay you for your Submission.
YoungBiz may remove your Submission at any time. For each
Submission, you represent that you have all rights necessary
for you to make the grants in this section.
6. INFORMATION AVAILABLE FROM THE YOUNGBIZ WEB SITES
YoungBiz and its suppliers do not warrant or guarantee the accuracy or timeliness
of any information available from the YoungBiz Web Sites.
YoungBiz and its suppliers do not authorize the use of
information available from the YoungBiz Web Sites including
stock quote or other financial information, for any purpose
other than your personal use, and prohibit to the maximum
extent allowable the resale, redistribution, and use of
this information for commercial purposes. YoungBiz is
not a broker/dealer or registered investment advisor under
United States federal securities law or securities laws
of other jurisdictions, and does not advise individuals
as to the advisability of investing in, purchasing or
selling securities or other financial products or services.
Nothing contained in the YoungBiz Web Sites constitute
an offer or solicitation to buy or sell any security.
YoungBiz does not endorse or recommend any particular
product or service, including financial products or services.
Nothing contained in the YoungBiz Web Sites is intended
to constitute professional advice, including but not limited
to, investment or tax advice.
7. YOUNGBIZ MAKES NO WARRANTY
YOUNGBIZ PROVIDES THE YOUNGBIZ WEB SITES "AS IS,"
"WITH ALL FAULTS" AND "AS AVAILABLE," AND THE ENTIRE RISK
AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, AND
EFFORT IS WITH YOU. TO THE MAXIMUM EXTENT PERMITTED BY
APPLICABLE LAW, THE YOUNGBIZ PARTIES MAKE NO REPRESENTATIONS,
WARRANTIES OR CONDITIONS, EXPRESS OR IMPLIED. THE YOUNGBIZ
PARTIES DISCLAIM ANY AND ALL WARRANTIES OR CONDITIONS,
EXPRESS, STATUTORY AND IMPLIED, INCLUDING WITHOUT LIMITATION
(1) WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, ACCURACY,
TITLE, QUIET ENJOYMENT, NO ENCUMBRANCES, NO LIENS AND
NON-INFRINGEMENT, (2) WARRANTIES OR CONDITIONS ARISING
THROUGH COURSE OF DEALING OR USAGE OF TRADE, AND (3) WARRANTIES
OR CONDITIONS THAT ACCESS TO OR USE OF THE YOUNGBIZ WEB
SITES WILL BE UNINTERRUPTED OR ERROR-FREE. THERE ARE NO
WARRANTIES THAT EXTEND BEYOND THE FACE OF THIS AGREEMENT.
8. LIABILITY LIMITATION; YOUR EXCLUSIVE REMEDY
IN NO EVENT WILL ANY YOUNGBIZ PARTY BE LIABLE FOR
ANY DAMAGES, INCLUDING WITHOUT LIMITATION ANY INDIRECT,
CONSEQUENTIAL, SPECIAL, INCIDENTAL, OR PUNITIVE DAMAGES
ARISING OUT OF, BASED ON, OR RESULTING FROM THIS AGREEMENT
OR YOUR USE OF THE YOUNGBIZ WEB SITES, EVEN IF SUCH YOUNGBIZ
PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
THE EXCLUSION OF DAMAGES UNDER SECTION 9 IS INDEPENDENT
OF YOUR EXCLUSIVE REMEDY AND SURVIVES IN THE EVENT SUCH
REMEDY FAILS OF ITS ESSENTIAL PURPOSE OR IS OTHERWISE
DEEMED UNENFORCEABLE. THESE LIMITATIONS AND EXCLUSIONS
APPLY WITHOUT REGARD TO WHETHER THE DAMAGES ARISE FROM
(1) BREACH OF CONTRACT, (2) BREACH OF WARRANTY, (3) NEGLIGENCE,
OR (4) ANY OTHER CAUSE OF ACTION, TO THE EXTENT SUCH EXCLUSION
AND LIMITATIONS ARE NOT PROHIBITED BY APPLICABLE LAW.
IF YOU ARE DISSATISFIED WITH THE YOUNGBIZ WEB SITES, YOU
DO NOT AGREE WITH ANY PART OF THIS AGREEMENT, OR YOU HAVE
ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST ANY YOUNGBIZ
PARTY WITH RESPECT TO THIS AGREEMENT OR THE YOUNGBIZ WEB
SITES, THEN YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE
USING THE YOUNGBIZ WEB SITES.
9. CHANGES TO THE YOUNGBIZ WEB SITES; ADDITIONAL
LIABILITY LIMITATION
THE YOUNGBIZ PARTIES MAY CHANGE THE YOUNGBIZ WEB SITES
OR DELETE FEATURES IN ANY WAY, AT ANY TIME AND FOR ANY
REASON. As you use the YoungBiz Web Sites, you should
expect to receive, access or use information, materials,
graphics, software, data and content (collectively, "Content")
originated by YoungBiz and persons other than YoungBiz
(any such person is referred to as a "Third Party"). WITHOUT
LIMITING THE GENERALITY OF SECTIONS 7 AND 8, YOU ACKNOWLEDGE
AND AGREE THAT THE YOUNGBIZ PARTIES ARE NOT RESPONSIBLE
OR LIABLE FOR (1) ANY CONTENT, INCLUDING WITHOUT LIMITATION,
ANY INFRINGING, INACCURATE, OBSCENE, INDECENT, THREATENING,
OFFENSIVE, DEFAMATORY, TORTIOUS, OR ILLEGAL CONTENT, OR
(2) ANY THIRD PARTY CONDUCT, TRANSMISSIONS OR DATA. IN
ADDITION, WITHOUT LIMITING THE GENERALITY OF SECTIONS
7 AND 8, YOU ACKNOWLEDGE AND AGREE THAT YOUNGBIZ IS NOT
RESPONSIBLE OR LIABLE FOR (1) ANY VIRUSES OR OTHER DISABLING
FEATURES THAT AFFECT YOUR ACCESS TO OR USE OF THE YOUNGBIZ
WEB SITES, (2) ANY INCOMPATIBILITY BETWEEN THE YOUNGBIZ
WEB SITES AND OTHER WEB SITES, SERVICES, SOFTWARE AND
HARDWARE, (3) ANY DELAYS OR FAILURES YOU MAY EXPERIENCE
IN INITIATING, CONDUCTING OR COMPLETING ANY TRANSMISSIONS
OR TRANSACTIONS IN CONNECTION WITH THE YOUNGBIZ WEB SITES
IN AN ACCURATE OR TIMELY MANNER, OR (4) ANY DAMAGES OR
COSTS OF ANY TYPE ARISING OUT OF OR IN ANY WAY CONNECTED
WITH YOUR USE OF ANY SERVICES AVAILABLE FROM THIRD PARTIES
THOUGH LINKS CONTAINED ON THE YOUNGBIZ WEB SITES. THE
LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN SECTIONS 7,
8, AND 9 OF THIS AGREEMENT APPLY TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, AND ARE NOT INTENDED TO DEPRIVE
YOU OF ANY MANDATORY PROTECTIONS PROVIDED TO YOU UNDER
APPLICABLE LAW.
10. TERMINATION; ACCESS RESTRICTION
YoungBiz may terminate this Agreement, or terminate or
suspend your access to the YoungBiz Web Sites at any time,
with or without cause, with or without notice. Upon such
termination or suspension, your right to use the YoungBiz
Web Sites will immediately cease. UPON SUCH TERMINATION
OR SUSPENSION, ANY INFORMATION YOU HAVE STORED ON THE
YOUNGBIZ WEB SITES MAY NOT BE RETRIEVED LATER.
11. INTERPRETING THE AGREEMENT; ASSIGNMENT
If any part of this Agreement is determined to be invalid or unenforceable
pursuant to applicable law, 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 this Agreement
will continue in effect. YoungBiz may assign this Agreement,
in whole or in part, at any time with or without notice
to you. You may not assign this Agreement, or assign,
transfer or sublicense your rights, if any, in theYoungBiz
Web Sites. Except as expressly stated herein, this Agreement
constitutes the entire agreement between you and YoungBiz
with respect to the YoungBiz Web Sites and it supersedes
all prior or contemporaneous communications and proposals,
whether electronic, oral or written, between you and YoungBiz
with respect to theYoungBiz Web Sites. The section titles
in the Agreement are solely used for the convenience of
the parties and have no legal or contractual significance.
12. YOU HAVE LIMITED TIME TO BRING YOUR CLAIM
YOU AND YOUNGBIZ AGREE THAT ANY CAUSE OF ACTION ARISING
OUT OF OR RELATED TO THE YOUNGBIZ WEB SITES MUST COMMENCE
WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES.
OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
13. COPYRIGHT AND TRADEMARK NOTICES; OTHER ACKNOWLEDGEMENTS
All contents of the YoungBiz Web Sites are Copyright
© 2004 YoungBiz Holding USA Ltd. and/or its suppliers, 1590 Adamson Parkway, Suite 220, Morrow, Georgia U.S.A. All rights reserved. YoungBiz,
YoungBiz.com, YoungBizUK.co.uk, YoungBiz logo, and/or
other YoungBiz products and services referenced herein
may also be either trademarks or registered trademarks
of YoungBiz in the United States and/or other countries.
The names of actual companies and products mentioned herein
may be the trademarks of their respective owners. The
example companies, organizations, products, domain names,
e-mail addresses, logos, people, places and events depicted
herein are fictitious. No association with any real company,
organization, product, domain name, e-mail address, logo,
person, places or events is intended or should be inferred.
Any rights not expressly granted herein are reserved.
YoungBizUK Purchasing Policy
1. PRICES
The price for an item on the YoungBizUk.co.uk site may differ from the price shown in a User's shopping cart -- it is possible that such price may increase or decrease between the time the item is placed in a shopping cart and the time that the purchase is actually made. On rare occasions, an item may be priced incorrectly on the YoungBizUk.co.uk site. If the price for the item on the YoungBizUk.co.uk site is incorrect and is actually higher than the price provided at the time of purchase, then, at the sole discretion of YoungBizUk.co.uk, YoungBizUk.co.uk may either (i) contact the User for instructions before shipping the item or charging the User for such item; (ii) cancel the order for such item and notify the User of such cancellation; or (iii) ship the item at the incorrect price to the benefit of the User.
2. RISK OF LOSS
The risk of loss and title for all items purchased via the YoungBizUk.co.uk site pass to the User upon delivery of the item to the carrier.
3. PRODUCT DESCRIPTION
The items offered for sale on the YoungBizUk.co.uk contain descriptions that are provided directly by the publisher, manufacturer or distributor of such item. YoungBizUk.co.uk does not represent or warrant that the description of such items are accurate or complete. IF A USER PURCHASES AN ITEM FROM YOUNGBIZUK.CO.UK THAT IS NOT IS NOT AS DESCRIBED ON THE YOUNGBIZUK.CO.UK SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY IS TO RETURN SUCH ITEM IN AN UNUSED CONDITION FOR A REFUND OF THE PURCHASE PRICE.
4. AGE OF USERS
YoungBizUk.co.uk does not intend the YoungBizUk.co.uk Catalogue to be used by individuals under the age of 18 (a "Minor") without the supervision of a parent or guardian 18 years of age or older (a "Guardian"). YoungBizUk.co.uk relies upon Guardians to determine if any Content or items available on the YoungBizUk.co.uk Catalogue is appropriate for the viewing, access or purchase by such Minors. If a User is a Minor, such Minor may use the YoungBizUk.co.uk Catalogue only under the supervision of Guardian.
5. RETURN POLICY
If you are not completely satisfied with any YoungBizUk.co.uk Catalogue item, you may return materials in salable condition within 30 days for full credit or refund. Original shipping/handling charges are non-refundable. To receive correct credit/refund for you returns, please enclose a copy of the packing slip located inside the original shipment. A packing slip must accompany every return. Return postage is the customer's responsibility. YoungBizUK will not accept C.O.D.s.
