Terms and Conditions

Terms & Conditions

Last updated: May 17, 2021

Please read these terms and conditions carefully before using Our Service.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of these Terms and Conditions:

Affiliate means an entity that controls, is controlled by or is under common control with a party, where "control" means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Country refers to: California, United States
Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to BGWJ, Inc., Arcata, CA 95521.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
Service refers to the Website.
Terms and Conditions (also referred as "Terms") mean these Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service. This Terms and Conditions agreement has been created with the help of the Terms and Conditions Generator.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to YES Oil, accessible from www.yesoil.biz
You means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.

Acknowledgment

These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.

Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.

By accessing or using the Service, You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You. Please read Our Privacy Policy carefully before using Our Service.

We reserve the right, in our sole discretion and without notice to you, to revise the products and offers available and to change, suspend or discontinue any aspect of the Service and we will not be liable to you or to any third party for doing so.

You are not permitted to use the Service for the following -

Transmitting or communicating any intellectual property that infringes on another person or entity;
Use of another user's account without permission from YES Oil or the user;
Using the Service such that it could damage, impair, or overburden the operations of the Service;
Engaging in conduct that is deemed a criminal offense, creates a civil liability or in any way violates state or federal law;
Interfering with the Service, its network or any aspect of YES Oil's digital operations in order to gain unauthorized access to any other computer system.

Links to Other Websites

Our Service may contain links to third-party web sites or services that are not owned or controlled by the Company.

The Company has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.

Termination

We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.

Upon termination, Your right to use the Service will cease immediately.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of these Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 USD if You haven't purchased anything through the Service.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of these Terms), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these states, each party's liability will be limited to the greatest extent permitted by law.

It is our responsibility to determine and abide by all applicable local, state, federal and international laws regarding the use of this Service.

"AS IS" and "AS AVAILABLE" Disclaimer

The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) implied warranties of merchantability or fitness for a particular purpose; (ii) any warranties that arise from trade usage; (iii) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (iv) that the Service will be uninterrupted or error-free; (v) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (vi) that the Service, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.

Receipt of Email

In registering with this Service, you agree to receive e-mail, SMS text, or phone communications from YES Oil which may be initiated for transactions, marketing, advertising, account administration, customer service or other purposes. You may opt out of receiving marketing emails or texts and agree to opt out by following the unsubscribe instructions provided with the communications.

Standard text messaging and data charges will apply to text messages and phone calls that we may send to you. If you opt out of marketing communications, YES Oil may still send you communications about your account.

Governing Law

The laws of the State of California, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws. Any disputes relating to this Service or your business with YES Oil will be settled in Humboldt County, California, in English.

If you believe that materials available through this Service or provided directly by YES Oil infringe on your copyright, please contact us via https://www.yesoil.biz/contact with the following information:

Identification and description of the materials being infringed including the location of the infringing materials, providing sufficient details that YES Oil can locate and verify the existence of such materials;
Your contact information including phone number, email address and physical address. If you are not the copyright owner, also include the contact information including phone number, email address and physical address of the copyright owner;
A statement explaining Your assertion that the material has not been authorized for use by the copyright owner;
A statement that the information You have provided is complete and accurate and made under penalty of perjury.
If You are not the copyright owner, this statement should also include how You are authorized to make the complaint on behalf of the copyright owner.
You signature, digital or physical, and, if you are not the copyright owner, the digital or physical signature of the copyright owner.

Upon receipt of a complete notification of potential copyright infringement, we reserve the right to remove or disable the infringing material.

Prohibited Uses

You are prohibited from using the Service or its contents:

To solicit others to perform or participate in any unlawful acts;
For any unlawful purpose;
To infringe upon or violate Our intellectual property rights;
To upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service;
To collect or track the personal information of others;
To interfere with or circumvent the security features of the Service;
For any obscene or immoral purpose.

We reserve the right to terminate your use of the Service or any related website for any reason, in our sole discretion and with or without notice to you.

Dispute Resolution and Arbitration

It is important that your read the following as it requires you to arbitrate certain disputes or claims with YES Oil.

If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.

In order to attempt to resolved the dispute informally, You and YES Oil agree to notify the other party in writing within thirty days regarding any arbitrable or small claims issues. If You and YES Oil cannot resolve the dispute within thirty days, either party may commence an arbitration proceeding or file in small claims court.

With the exception of small claims court actions or injunctive relief for alleged unlawful use of intellectual property, You and YES Oil agree to:

Waive Your and YES Oil's rights to have any disputes resolved in a court;
Waive Your and YES Oil's rights to a jury trial.

You and YES Oil agree to arbitrate disputes through binding arbitration.

You and YES Oil agree that any disputes will be brought as an individual and not be brought as a class arbitration or class action.

You and YES Oil agree to commence any arbitration within one year of the date of notification of the dispute, except in the case of a small claims case or injunctive relief for alleged unlawful use of intellectual property. If arbitration does not commence within one year, You and YES Oil do not have the right to make a claim and initiate arbitration.

Return Policy

All sales are final. No refunds or exchanges will be provided for any products.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.

Indemnification

You agree to indemnify and hold YES Oil and its affiliates, officers, agents, employees, and partners harmless from and against any and all claims, liabilities, damages, losses and expenses including attorney's fees arising from or in any way related to any third-party claims relating to -

Your illegal use of the Service;
Your violation of these Terms and Conditions;
You violation of any third-party rights in connection with your use of the Service.

In the even of a claim or lawsuit, We will attempt to provide notice of the Claim to the contact information We have for your account. Failure to deliver such notice shall not eliminate or reduce your indemnification obligations.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

If you have any questions about these Terms and Conditions, You can contact us by visiting this page on our website:

https://www.yesoil.biz/contact

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Terms & Conditions