Welcome to Yebba Store. The YebbaStore.com website and our mobile Yebba Store site are collectively the “Yebba Store Properties” and each individually is a “Yebba Store Property.” By using any Yebba Store Property and its related services, products, and software, you agree to be bound by these terms and conditions (“Terms”). You also accept the Terms when purchasing as a guest. Additional or separate terms may apply to your interactions with other Yebba Store websites, Yebba Store® locations, and to your use of individual services or features available on a Yebba Store Property, such as reviews. To the extent that the provisions of any additional terms conflict with these Terms, the provisions of the additional terms will govern. References to “Yebba Store,” “our,” “we,” or “us” may refer to Yebba Stores, Yebba Store Enterprise Services, and their affiliates, subsidiaries, and designees. We may make changes to any Yebba Store Property and the Terms. It is your responsibility to review the Terms for updates or changes. If you do not agree with the Terms, you should not use the Yebba Store Properties.
Use of the Yebba Store Properties
You may use the Yebba Store Properties for your personal, noncommercial use only. You may not use any Yebba Store Property if you are under the age of 13. If you are between the ages of 13 and 18, you may use the Yebba Store Properties only with the involvement of a parent or guardian.
Information on Our Site
We try to be as accurate as possible with the information we present on the Yebba Store Properties. We will make reasonable efforts to accurately display the attributes of the products we sell. We do not warrant that product description or other content is accurate, complete, or error-free. Prices and promotions are subject to change. We cannot confirm the availability or price of an item until you place your order. Despite our best efforts, sometimes an item in our catalog may not be available, the offer may have been misstated, or an item may be mispriced. For any of these reasons, we may cancel your order or we may contact you for instructions on the order.
Paying for Your Order
Generally, we’ll charge your payment method for an item when we ship the item to you or confirm its availability in store. For special delivery items, we’ll charge your payment method when you confirm a delivery time.
Our order confirmation to you does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell. At any time after receipt of your order, we may accept, decline, or place quantity or other limits on your order for any reason. We may impose these limits on a per-person, per-household, per-order, or any other basis. If we reject, limit, or otherwise modify your order, we will attempt to notify you. If we cancel an order or part of an order that we’ve already charged you for, we’ll refund you the full amount of the canceled portion of the order.
All content included on or comprising the Yebba Store Properties, including information, data, software, photographs, graphs, videos, typefaces, graphics, music, sounds, and other material (collectively “Content”) is protected by copyright, trademark, patent, or other proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or developed in the future. All Content is protected as a collective work under the international copyright laws, and Yebba Store owns, to the fullest extent allowed by such laws, the copyright in the selection, coordination, arrangement, and enhancement of all Content. You may not remove or modify any copyright, trademark, or other proprietary notice contained in any Content you use, and you may not modify or alter the Content, copy or post the Content on any network computer, or broadcast the Content in any media. You may not copy, scrape, frame, modify, remove, delete, augment, add to, publish, transmit, participate in the transfer or sale, lease or rental of, create derivative works from or in any way exploit any of the Content, in whole or in part. The Yebba Store logos and other trademarks on the Yebba Store Properties are the property of their respective owners and are owned by, licensed to, or, where required, used with permission by Yebba Store and may not be reproduced, copied, or manipulated in any manner without the express, written approval of the trademark owner.
User-Generated Content: Reviews, Comments, Communications, and Other Content
You may interact with the Yebba Store Properties in numerous ways, including Reviews and Ratings, videos, Questions and Answers, Community Forums, testimonials, and email communication. You hereby grant Yebba Store a perpetual, irrevocable, royalty-free, transferable right and license to use, modify, reproduce, transmit, publish, display, delete, and distribute any information (except order information sent via email or phone) or materials you share with us throughout the world in any media, including when you allow Yebba Store to feature text, images and videos shared through social media (e.g., Facebook™, Twitter™, Instagram™, Pinterest™) or submitted through our Reviews and Ratings. You also grant us the right to use the name and social media handle that you use when you share content with us in connection with that content. When you share content with us, you will disclose any affiliation you have and you will not share anything that contains harmful computer code, references other websites, or is false, misleading, illegal, defamatory, libelous, hateful, racist, biased, threatening, or harassing.
Disclaimers and Limitation of Liability
YEBBA STORE PROVIDES THE YEBBA STORE PROPERTIES AND ALL INFORMATION, CONTENT, AND OTHER MATERIAL MADE AVAILABLE THROUGH THE YEBBA STORE PROPERTIES ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE MAKE NO REPRESENTATION OR WARRANTY THAT ANY YEBBA STORE PROPERTY WILL MEET YOUR REQUIREMENTS, OR THAT IT WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.
ANY WARRANTY ON ANY PRODUCT SOLD THROUGH A YEBBA STORE PROPERTY IS PROVIDED BY THE MANUFACTURER OF THAT PRODUCT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YEBBA STORE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, OR CONSEQUENTIAL DAMAGES ATTRIBUTABLE TO YOUR USE OF ANY YEBBA STORE PROPERTY OR ANY PRODUCT OR SERVICE PURCHASED THROUGH A YEBBA STORE PROPERTY. THE LIMITATIONS OUTLINED IN THIS SECTION WILL NOT LIMIT OR EXCLUDE LIABILITY FOR PERSONAL INJURY OR PROPERTY DAMAGE CAUSED BY PRODUCTS YOU PURCHASE THROUGH A YEBBA STORE PROPERTY OR YEBBA STORE GROSS NEGLIGENCE, INTENTIONAL, WILLFUL, RECKLESS, OR MALICIOUS MISCONDUCT, OR FRAUD.
You are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer or device. You agree to not share your account credentials with others. You may use the Yebba Store Properties only for lawful purposes. Activities including, but not limited to, tampering with any Yebba Store Property, misrepresenting the identity of a user, and using buying agents, or conducting fraudulent activities, on the Yebba Store Properties are prohibited.
You may not violate or attempt to violate the security of the Yebba Store Properties, including by, without limitation, (a) accessing data not intended for you or logging on to a server or an account which you are not authorized to access; (b) using any Yebba Store Property for unintended purposes or trying to change the behavior of any Yebba Store Property; (c) attempting to probe, scan or test the vulnerability of a system or network or breach security or authentication measures without proper authorization; (d) attempting to interfere with service to any user, host or network, including without limitation via means of submitting a virus to any Yebba Store Property, overloading, “flooding,” “spamming,” “mailbombing” or “crashing”; (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting; or (f) forging communications on behalf of Yebba Store (impersonating Yebba Store) or to any Yebba Store Property (impersonating as a legitimate user). You may not send any unsolicited or unauthorized email on behalf of Yebba Store, including promotions and/or advertising of products or services. We may prosecute you to the full extent of the law for any violation of these Terms. You may not use any device, software or routine, or data to interfere or attempt to interfere with the proper working of any Yebba Store Property or any activity being conducted on any Yebba Store Property. You may not use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to navigate or search any Yebba Store Property other than the search engine and search agents we provide and generally publicly available browsers.
Dispute Resolution by Binding Individual Arbitration
“Dispute” shall be interpreted broadly and include any claim or controversy arising out of or relating in any way to your relationship with Yebba Store and its subsidiaries, affiliates, and designees — whether based on contract, tort, statute, fraud, misrepresentation, or any other legal theory. This includes the use of Yebba Store’s websites; any service terms and conditions; and/or any products or services offered, sold, or distributed by Yebba Store including, but not limited to, the advertising of or the sales practices for such products and services.
BY AGREEING TO ARBITRATION, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING YOUR RIGHT TO MAINTAIN OTHER AVAILABLE RESOLUTION PROCESSES, SUCH AS A COURT ACTION OR ADMINISTRATIVE PROCEEDING, TO SETTLE DISPUTES. THE RULES IN ARBITRATION ARE DIFFERENT. THERE IS NO JUDGE OR JURY, LESS DISCOVERY, AND LIMITED APPELLATE REVIEW. ARBITRATORS CAN AWARD THE SAME DAMAGES AND RELIEF THAT A COURT CAN AWARD.
You may choose to have the arbitration conducted by telephone, based on written submissions, or in person in the city where you live or at another mutually agreed upon location.
YOU AND YEBBA STORE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. THIS MEANS THAT YOU MAY NOT PURPORT TO ACT ON BEHALF OF A CLASS OR ANY OTHER PERSON. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. The arbitrator may not award relief for or against anyone who is not a party to the arbitration proceeding. Further, unless both you and Yebba Store 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. If a court determines that public injunctive relief may not be waived and all appeals from that decision have been exhausted, then the parties agree that any claim for public injunctive relief shall stay pending arbitration of the remaining claims. If this specific paragraph is found to be unenforceable, then the entirety of this dispute resolution provision (except for the jury trial waiver) shall be null and void.
NOTWITHSTANDING ANY OF THE FOREGOING, ANY DISPUTE THAT FALLS WITHIN THE JURISDICTIONAL SCOPE AND AMOUNT OF AN APPROPRIATE SMALL CLAIMS COURT SHALL BE BROUGHT IN SMALL CLAIMS COURT ON AN INDIVIDUAL BASIS. IN ADDITION, EITHER PARTY MAY ELECT TO BRING AN ACTION IN A COURT OF COMPETENT JURISDICTION TO SEEK TO ENJOIN INFRINGEMENT OR OTHER MISUSE OF INTELLECTUAL PROPERTY RIGHTS.
If for any reason a claim may proceed in court rather than in arbitration, we each waive any right to a jury trial, unless such waiver is unenforceable. This means that any claim would be decided by a judge, not a jury.
This dispute resolution section shall be governed by the Federal Arbitration Act. It shall survive any termination or cancellation of, or your participation in, the Program. Any amendments to this dispute resolution section shall be prospective only and shall not affect any pending arbitration proceeding.
The following policies also govern your use of the Yebba Store Properties and are incorporated by reference into the Terms.
Termination of Use
You are personally liable for any orders that you place or charges that you incur before termination. We may change, suspend or discontinue all or any aspects of any Yebba Store Property at any time without prior notice.