Terms of Use
Last updated: December 14, 2024
These Terms of Use (“Terms”) are a legally binding agreement between you (“you,” “your,” or “User”) and YA Group LLC (“YA Group,” “we,” “us,” or “our”) governing your access to and use of our websites (including yagroup.me and any subdomains), applications, content, products, services, communications, and events that link to or reference these Terms (collectively, the “Services”).
By accessing or using the Services, you agree to these Terms and to our Privacy Policy. If you do not agree, do not access or use the Services.
1) Who We Are and How to Contact Us
- Entity: YA Group LLC
- Address: 6450 Sunset Blvd, Los Angeles, CA 90028, United States
- Phone: (888) YA-00399
- Email: info@yagroup.me
2) Eligibility and Scope
- You must be at least 13 years of age to use the Services. If you are under the age of 18 (or the age of majority in your jurisdiction), you may use the Services only with the consent of a parent or legal guardian who agrees to be bound by these Terms.
- These Terms apply to all Users, including visitors and account holders. Certain features may be subject to additional terms, policies, or agreements (e.g., order forms, service agreements, beta program terms). If there is a conflict, the additional terms control for those features.
3) Changes to the Terms or Services
- We may update these Terms from time to time. The “Last updated” date indicates when changes were made. We will post updated Terms on our website and, if changes are material, we will provide additional notice as required by law. Your continued use of the Services after changes take effect constitutes acceptance of the updated Terms.
- We may modify, suspend, or discontinue the Services (in whole or in part) at any time, with or without notice, and without liability to you.
4) Account Registration and Security
- You may need an account to access certain features. You agree to provide accurate, current, and complete information and to update it as needed.
- You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. Notify us immediately of any unauthorized use or suspected security breach.
- We reserve the right to refuse, suspend, or terminate your account if information is inaccurate, if you violate these Terms, or for any lawful reason.
5) Permitted Use; Prohibited Conduct
License: Subject to these Terms, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for your personal or internal business use.
You agree not to:
- Use the Services for any unlawful purpose or in violation of any applicable law or regulation.
- Infringe, misappropriate, or violate intellectual property, privacy, or other rights.
- Upload or transmit viruses, malware, or harmful code; interfere with or disrupt the Services or any network or server.
- Bypass or circumvent security or access controls; scrape, crawl, or use automated means to access the Services without our prior written permission (except for standard indexing by search engines).
- Engage in fraudulent, deceptive, or misleading practices.
- Submit content that is illegal, harmful, violent, harassing, defamatory, obscene, hateful, or otherwise objectionable.
- Collect or harvest information about Users without consent; send spam or unsolicited communications.
- Reproduce, modify, distribute, sell, lease, or create derivative works from the Services except as expressly permitted.
- Reverse engineer or decompile any part of the Services except to the extent permitted by applicable law.
6) User Content and Feedback
- User Content: You may submit or upload content (e.g., text, images, files, messages, reviews, feedback) through the Services (“User Content”). You retain ownership of your User Content. By submitting User Content, you grant YA Group a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, publicly perform, and publicly display your User Content in connection with operating, improving, promoting, and providing the Services.
- Your Responsibilities: You represent and warrant that you have all rights necessary to grant the above license and that your User Content and use of it by us as permitted by these Terms will not violate any laws or third-party rights.
- Monitoring: We may, but are not obligated to, monitor, review, or remove User Content at our discretion for any reason, including for violations of these Terms or law.
- Feedback: If you submit ideas, suggestions, or feedback, you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and exploit them without restriction or compensation.
7) Intellectual Property; Reservation of Rights
- The Services, including all content, design, features, software, and materials, and all associated intellectual property rights, are owned by YA Group or our licensors and are protected by copyright, trademark, and other laws.
- Except for the limited license granted in Section 5, no rights are granted to you. All rights not expressly granted are reserved.
8) Purchases, Subscriptions, and Payments
- If the Services enable you to purchase products or services (including subscriptions), you agree to pay all fees and applicable taxes. Prices, features, and availability are subject to change.
- Billing: You authorize us and our payment processors to charge your payment method for purchases and any applicable taxes. We may use third-party payment processors; your payments are subject to their terms and privacy policies.
- Subscriptions: If you enroll in a subscription, it will automatically renew at the then-current rate unless you cancel before the end of the current billing period, per the instructions provided in your account or order confirmation.
- Refunds: Unless otherwise stated in an order form or required by law, all fees are non-refundable.
- Promotions: Promotional offers may be subject to additional terms and may be modified or terminated at any time.
9) Privacy
Your use of the Services is subject to our Privacy Policy, which explains how we collect, use, and disclose information. Please review it carefully at the link provided on our website.
10) Third-Party Services and Links
The Services may contain links to or integrations with third-party websites, apps, products, or services (“Third-Party Services”). We do not control and are not responsible for Third-Party Services. Your use of Third-Party Services is at your own risk and subject to their terms and privacy policies.
11) Mobile and App Terms (if applicable)
- If you access the Services via a mobile app, the app is licensed, not sold, to you. You may use the app on devices you own or control, in accordance with these Terms and the app store rules.
- App Stores: If you downloaded the app from Apple’s App Store or Google Play, you acknowledge that:
- These Terms are between you and YA Group only, not with Apple or Google.
- Apple/Google are not responsible for the app or its content.
- Apple has no obligation to furnish maintenance or support; to the extent any warranty applies, Apple may refund the purchase price (if any) for the app. You must also comply with applicable app store terms.
- You represent that you are not located in a country subject to U.S. embargo or sanctions and are not a prohibited party under U.S. export/sanctions laws.
12) DMCA Copyright Policy
- YA Group respects intellectual property rights and will respond to notices of alleged infringement consistent with the Digital Millennium Copyright Act (17 U.S.C. § 512).
- If you believe your copyrighted work has been infringed via the Services, please send a notice including:
- A physical or electronic signature of the copyright owner or person authorized to act on their behalf.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing, and information reasonably sufficient to permit us to locate the material (e.g., URL).
- Your contact information (name, address, telephone, and email).
- A statement that you have a good-faith belief that use of the material is not authorized by the copyright owner, its agent, or the law.
- A statement that the information in the notice is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the owner’s behalf.
- Send notices to: DMCA Agent, YA Group LLC, 6450 Sunset Blvd, Los Angeles, CA 90028, United States; Email: info@yagroup.me; Phone: (888) YA-00399.
- Counter-Notice: If your content was removed due to a DMCA notice and you believe it was a mistake or misidentification, you may send a counter-notice containing the information required by 17 U.S.C. § 512(g).
- Repeat Infringers: We may terminate accounts of repeat infringers in appropriate circumstances.
13) Communications; Consent to Electronic Notices
- By creating an account or providing contact information, you consent to receive electronic communications about your account, transactions, security, and the Services. You agree that these satisfy any legal requirements for communications to be in writing.
- Marketing: You may opt out of marketing emails at any time by using unsubscribe links or contacting info@yagroup.me. If you opt in to SMS, you can reply STOP to opt out and HELP for help. Message and data rates may apply.
14) Confidentiality (Business Users)
If you receive non-public information from us that is designated as confidential or that should reasonably be understood to be confidential, you will not disclose it and will use it only as necessary to use the Services. This does not apply to information that is public, independently developed, or lawfully obtained from a third party.
15) Beta Features
We may offer features labeled as alpha, beta, preview, or evaluation. Such features are provided “as is,” may be subject to additional terms, may be modified or discontinued at any time, and are intended for evaluation and testing—not for production use.
16) Disclaimer of Warranties
- THE SERVICES AND ALL CONTENT ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK.
- SOME JURISDICTIONS DO NOT ALLOW DISCLAIMERS OF CERTAIN WARRANTIES; IN SUCH CASES, THE ABOVE DISCLAIMERS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW.
17) Limitation of Liability
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, YA GROUP AND ITS AFFILIATES, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNTS YOU PAID TO YA GROUP FOR THE SERVICES GIVING RISE TO THE CLAIM DURING THE 12 MONTHS BEFORE THE CLAIM AROSE; OR (B) ONE HUNDRED U.S. DOLLARS ($100).
- SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS OF LIABILITY FOR CERTAIN DAMAGES; IN SUCH CASES, THE ABOVE LIMITATIONS APPLY TO THE MAXIMUM EXTENT PERMITTED BY LAW. NOTHING IN THESE TERMS LIMITS LIABILITY FOR GROSS NEGLIGENCE, WILLFUL MISCONDUCT, OR INJURIES WHERE SUCH LIMITATION IS PROHIBITED BY LAW.
18) Indemnification
You agree to defend, indemnify, and hold harmless YA Group and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys’ fees) arising out of or related to: (a) your use of the Services; (b) your User Content; (c) your violation of these Terms; or (d) your violation of any law or third-party rights.
19) Governing Law; Venue
- These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of California and the United States, without regard to conflict of laws principles.
- Subject to the arbitration agreement below, the exclusive venue for any permitted court action will be the state and federal courts located in Los Angeles County, California, and you and YA Group consent to personal jurisdiction there.
20) Dispute Resolution; Arbitration and Class Action Waiver
- Informal Resolution: Before filing a claim, you agree to try to resolve the dispute informally by sending a written notice to info@yagroup.me with “Dispute Notice” in the subject line and a description of the dispute. If we cannot resolve the dispute within 60 days, either party may bring a claim.
- Binding Arbitration: Any dispute, claim, or controversy arising out of or relating to these Terms or the Services that cannot be resolved informally will be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Consumer Arbitration Rules (or Commercial Arbitration Rules, as applicable). The Federal Arbitration Act (FAA) governs the interpretation and enforcement of this arbitration provision.
- Process: Arbitration may be conducted remotely or in Los Angeles County, California, and will be conducted in English by a single arbitrator. The arbitrator may award relief available in court, subject to the limitations of these Terms.
- Class and Representative Action Waiver: YOU AND YA GROUP 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 OR REPRESENTATIVE ACTION.
- Exceptions: Either party may (a) bring individual claims in small claims court; and (b) seek injunctive or equitable relief in court for alleged infringement or misappropriation of intellectual property rights.
- Opt-Out: You may opt out of this arbitration agreement within 30 days of first accepting these Terms by emailing info@yagroup.me with your name, the email address associated with your account (if any), and a clear statement that you wish to opt out of arbitration. Opting out does not affect other provisions of these Terms.
21) Termination and Suspension
- We may suspend or terminate your access to the Services at any time, with or without notice, if we believe you have violated these Terms, created risk or possible legal exposure for us, or for any lawful reason.
- You may stop using the Services at any time. Sections that by their nature should survive termination (including ownership, disclaimers, limitations of liability, indemnification, dispute resolution, and governing law) will survive.
22) Export and Sanctions Compliance
You represent that you are not located in, under the control of, or a national or resident of any country or party subject to U.S. embargoes or sanctions, and you will not use the Services in violation of U.S. export control or sanctions laws.
23) California Users; Minors
- If you are a California resident under 18 and a registered user, you may request removal of content you publicly posted by contacting info@yagroup.me and identifying the content. We are not required to remove or anonymize content that is required by law to be retained or that has been anonymized or posted by a third party.
- In accordance with CalOPPA, our Privacy Policy describes our online tracking practices and your choices.
24) Accessibility
We are committed to making our Services accessible. If you need these Terms in an alternative format, contact info@yagroup.me or (888) YA-00399.
25) Force Majeure
We will not be liable for any delay or failure to perform due to events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, riots, labor conditions, governmental actions, internet or telecommunications failures, or power outages.
26) Miscellaneous
- Entire Agreement: These Terms, together with our Privacy Policy and any applicable additional terms, constitute the entire agreement between you and YA Group regarding the Services and supersede prior agreements on the subject.
- Severability: If any provision is found unenforceable, the remaining provisions will remain in full force and effect.
- Assignment: You may not assign or transfer these Terms without our prior written consent. We may assign these Terms without restriction.
- No Waiver: Our failure to enforce any provision is not a waiver of our right to do so later.
- Headings: Section headings are for convenience only and have no legal effect.
- Relationship: The parties are independent contractors; these Terms do not create a partnership, joint venture, employment, or agency relationship.
- Notices: We may provide notices via email, through the Services, or by posting to our website. You may provide legal notices to info@yagroup.me and to: YA Group LLC, 6450 Sunset Blvd, Los Angeles, CA 90028, United States.
If you have questions about these Terms, please contact us at info@yagroup.me or (888) YA-00399.