YOUTH EDUCATIONAL SPORTS, INC.

inspiring educational institutions to introduce bicycling as a viable sport and healthy competition

818-292-0779

Terms of Use

YES Website Terms of Use

General

Use of the Youth Educational Sports, Inc. (YES) Website indicates your acceptance of our Terms of Service. As such, you should not access any content on the YES Website if you do not agree to be bound by these terms. Our Terms of Service may change from time to time; you have an affirmative duty to keep yourself informed of changes.

YES provides information concerning various products and services and the opportunity to obtain additional information concerning those products and services or purchasing those products or services. These Terms of Service and the information provided by YES in no way override the terms and conditions of your purchase of any product or service except as specifically provided herein. To the extent any area within the YES Website contains specific terms and conditions concerning its use (“Specific Terms”), those Specific Terms are in addition to our Terms of Service. To the extent there is a direct conflict between these Terms of Service and the Specific Terms, the Specific Terms shall prevail.

YES reserves the right to deny access to this Website for any reason. Under the terms of our privacy policy, which you accept as a condition for viewing this Website, YES is allowed to collect and store data and information for the purpose of exclusion and other uses.

Parties to the terms of service

Visitors, viewers, users, subscribers, members, affiliates, or customers, collectively referred to herein as “Visitors,” are parties to this agreement. The Website and its owners and operators are parties to this agreement, herein referred to as “Website.”

Use of information from this website

Unless you have entered into an express written contract with YES to the contrary, Visitors have no right to use any information on this Website in a commercial or public setting; Visitors have no right to broadcast, copy, save, print, sell, or publish any portion (databases, hidden pages, linked pages, underlying code, or other Website intellectual property) of the content of this Website. By viewing the contents of this Website you agree to this condition and acknowledge any unauthorized use is unlawful and may subject you to civil and/or criminal penalties.

Visitors agree to liquidate damages in the amount of U.S. $100,000 in addition to costs and actual damages for breach of this condition. Visitors warrant he or she understands acceptance of this provision is a condition of viewing and that viewing constitutes acceptance.

Disclaimer for contents of site

YES disclaims any responsibility for the accuracy of content of this Website. Visitors assume all risk of viewing, reading, using, or relying upon this information. Unless you have otherwise formed an express contract to the contrary with YES, you have no right to rely on any information contained herein as accurate. YES makes no such warranty.

Disclaimer for harm caused to your computer/software

Visitors assume all risk of data malware or other malicious factors. YES assumes no responsibility for damage to computers or software of Visitors or any computers subsequently communicated with.

Limitation of liability

By viewing, using, or interacting in any manner with this site, including banners, advertising, or pop-ups, downloads, and as a condition of the Website to allow her/his lawful viewing, Visitor forever waives all right to claims of damage of any and all description based on any causal factor resulting in any possible harm, no matter how heinous or extensive, whether physical or emotional, foreseeable or unforeseeable, whether personal or business in nature.

Disputes

As part of the consideration that the Website requires for viewing, using or interacting with this Website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy (“CLAIM”) of any kind (whether in contract, tort or otherwise) arising out of or relating to this purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 725 South Figueroa, Suite 2400, Los Angeles, California 90017. Hearing will take place in Riverside, California.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator’s decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

Jurisdiction and venue

If any matter shall be brought before a court of law, pre- or post-arbitration, the viewer, visitor, member, subscriber or customer agrees that the sole and proper jurisdiction shall be Riverside, California. In the event that litigation is in a federal court, the proper court shall be in Los Angeles, California.

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YES, Inc.