Terms of Website

Effective February 13, 2019

  1. INTRODUCTION

Welcome to YourBusinessOurWorld.com! Your Business Our World (YBOW) recommends that you read the following terms of service carefully. Whether you are a public user or a paying advertiser, by accessing or using the YBOW website, including any corresponding mobile applications, software or plug-ins made available by YBOW, however accessed or used, and participating in the services provided thereby (collectively, the “Website”), you agree to be bound by these terms (the Terms of Website or the Agreement). This Agreement constitutes a legally binding agreement between YBOW and you concerning your use of the Website. We encourage you to print the Agreement or save it to your device or computer for reference.

If you do not understand this Agreement, or do not agree to be bound by it or the Privacy Policy, you may not access or use the Website, and you must immediately cease accessing or using the Website.

These terms contain an arbitration provision that requires the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limits the remedies available to you in the event of a dispute. See Section 19 for full details.

  1. PRIVACY POLICY

By using the Website, you represent and warrant that you have read and understood, and agree to be bound by, this Agreement and YBOW’s Privacy Policy (the Privacy Policy), which is incorporated into this Agreement by reference. The Privacy Policy is available at https://www.yourbusinessourworld.com/home/ybow-policies/ybow-privacy-policy.  YBOW encourages you to frequently check the Privacy Policy for changes.

  1. ELIGIBILITY

By accessing and/or using the Website, including by doing so after accessing this Agreement, you represent and warrant that you are at least eighteen (18) years old, and are otherwise legally qualified to enter into and form contracts under applicable law. If you are using the Website on behalf of a company, you further represent and warrant that you are authorized to act and enter into contracts on behalf of that company.

  1. NO CERTIFICATION OF “GREEN” BUSINESSES

The Website includes a green business directory of businesses, service-providers, charities, and opportunities (each, an “Advertiser”) within a given geographic area that self-identify as “Green.” You understand and agree that the Advertisers listed in the green business directory are taken at their word and NO inquiry or investigation is made by YBOW as to whether the practices of said Advertiser are, in fact, “Green” or socially or environmentally responsible. It is up to you, exclusively, to ask questions and further research an Advertiser prior to doing business with them to determine whether they meet your personal social, ethical, and/or environmental standards or are otherwise worthy of your business. The mere inclusion of an Advertiser within the green business directory, or elsewhere on the Website, shall not be interpreted as meeting any sort of standard or certification by YBOW. You are aware of the possibility and assume all risks regarding the possibility of Advertisers engaging in “greenwashing” by misrepresenting their business practices as socially or environmentally responsible.

  1. ADVERTISER-SPECIFIC TERMS

If you list your business, service, or volunteer opportunity in the Website’s green business directory, or purchase other advertising services from YBOW, the terms of this Section 5 apply to you as an Advertiser.

Authority

You represent and warrant that you are the legal owner of the business, service, or volunteer opportunity (each, for purposes of this Section, a “Business”), or an authorized agent of said Business and are acting on its behalf with respect to your use of the Website.

Listings

You represent and warrant that you will only post complete and accurate information about your Business in your listing and other advertising on the Website (in each case, a “Listing”)—including, without limitation, information related to: (a) the “Green” nature of your Business, such as socially and/or environmentally-responsible business practices or products; (b) if included in your Listing, the cost of all goods and/or services, and all other fees required to be paid by a consumer; (c) all restrictions on the use of the Business’s goods and/or services, including restrictions for participating in any sale, coupon, or promotion; (d) the description of the Business; and (e) all rules, restrictions and deadlines regarding any contest, sweepstakes, or other event. You represent and warrant that all images, animations, videos, and other media uploaded or used by you in your Listings to depict the Business, goods and/or services will do so accurately, and will not mislead any potential consumer.

You agree not to spam the Website or otherwise attempt to circumvent the Listing results within the Website to improperly gain a more favorable position.

License

You understand and agree that all text, images, videos, animations, graphics, recordings, and other media and content uploaded, posted, or provided by you to YBOW as part of your Listing is User Content, as that term is defined in Section 9 below, and is subject to the License of User Content set forth herein. Specifically, you understand, agree, and authorize YBOW to use any and all content associated with your Listing in advertising to promote the Website (thereby, in turn, promoting your Business).

Legal Compliance

You represent and warrant that all of your Listings, your dealings with consumers referred to you through the Website, and your use of the Website: (a) will not breach any agreements or obligations by you to any third party; (b) will be consistent with and shall not exceed your rights in and to the Business; and (c) shall comply with all applicable laws and regulations. You further represent and warrant that you will honor all obligations and perform all services required by you under any transaction or contract you enter into with a consumer as a result of your Listing.

  1. ADVERTISER PAYMENTS

If you are an Advertiser, the terms of this Section 6 apply to all payments made or initiated by you through the Website.

Listing Fees

For all Listings, you agree to pay to YBOW the associated costs, fees and taxes communicated by YBOW to you at the time of your transaction. For example, if you purchase a “Business Package” for the Listing of your Business in one or more categories of YBOW’s business directory, and the terms of your Business Package require you to pay an upfront annual fee, you agree to timely pay such fees and, for online payments, provide all necessary authorizations as indicated below. YBOW reserves the right to modify or increase its Business Package fees from time to time; provided, however, that all Business Packages purchased prior to the change will not be subject to the changed fees.  

Authorization

By setting up any credit, debit, or ACH-enabled “Payment Account” within the Website, and/or submitting your credit card or debit card and billing information to YBOW through the Website, you are authorizing YBOW to: (a) initiate an electronic funds transfer to or from your associated Payment Account to process each payment authorized by you; (b) share information about you and your Payment Account with its third-party payment processing partners and banks, such as PayPal; and (c) to charge your Payment Account for all payments and fees associated with each transaction you complete via the Website.

Currency

All Payments, Fees, and other charges made or collected through the Website are denominated in US dollars ($USD).

No Refunds

Due to the nature of the advertising services provided by YBOW, except as expressly provided in separate writing by YBOW to you, ALL SALES ARE FINAL AND THERE ARE NO EXCHANGES, REFUNDS OR RETURNS.

  1. CHANGES TO TERMS AND PRIVACY POLICY

Internet technology and the applicable laws, rules, and regulations change frequently. YBOW reserves the right to change this Agreement and its Privacy Policy at any time upon notice to you (including by posting a new version, or, if the change is significant, by sending you a change notice). It is your responsibility to review this Agreement and the Privacy Policy periodically. If at any time you find either this Agreement or the Privacy Policy unacceptable, you must immediately cease accessing Website. Unless YBOW obtains your express consent, any revised Privacy Policy will apply only to information collected by YBOW after the revised Privacy Policy takes effect, and not to information collected under any earlier versions of the Privacy Policy.

  1. LICENSE

Subject to your compliance with these Terms of Website, YBOW grants you a non-exclusive, non-sublicensable, revocable as stated in this Agreement, non-transferable license to access and use the Website. No part of the Website may be reproduced, duplicated, copied, modified, sold, resold, distributed, transmitted, or otherwise exploited for any commercial purpose without the prior express written consent of YBOW. All rights not expressly granted in this Agreement are reserved by YBOW. Without limitation, this Agreement grants you no rights to the intellectual property of YBOW or any other party, except as expressly stated in this Agreement. The license granted in this section is conditioned on your compliance with this Agreement. Your rights under this section will immediately terminate if, in the sole judgment of YBOW, you have breached any provision of this Agreement.

  1. CONTENT UPLOADED OR POSTED BY YOU

User Content

User Content is any content, material, or information, not including personally identifiable information (e.g., first and last name, address, phone number, email address, etc.), that you submit, upload, and/or post to, or transmit, display, perform, or distribute through the Website, whether in connection with your use of the Website or otherwise. For example, User Content includes information or photos posted by you in any Listing, account profile, reviews, or forum or leaderboard messages posted by you.

License of User Content

By submitting, uploading, or posting User Content in any form through, or to the Website, you grant the YBOW Parties (as defined in Section 11 below) a royalty-free, perpetual, non-exclusive, unrestricted, fully paid-up, worldwide, sublicensable, revocable, assignable license to copy or otherwise reproduce, modify, adapt, translate, distribute, enhance, transmit, publicly display or perform, reformat, and/or otherwise use User Content in connection with the operation of the Website, in any medium now existing or later devised, including without limitation in advertising and publicity. You agree to waive, and do waive, any claims arising from or relating to the exercise by the YBOW Parties of the rights granted under this section, including without limitation any claims relating to your rights of personal privacy and publicity. You will not be compensated for any exercise of the license granted under this section, and you agree that the consideration therefor is merely your use of the Website and any benefits derived by you therefrom.

Your Responsibility for User Content

You represent and warrant that you: (a) own all rights, title, and interest in and to all User Content you submit, or are otherwise authorized to grant the rights provided the YBOW Parties under this section; or (b) have written consent, release, and/or permission of every identifiable individual person in any User Content you submit to use the name and likeness of every identifiable person in the User Content. You agree that you will not submit any User Content that does not fully comply with YBOW's prohibitions against Objectionable Content, as detailed below.

You agree and understand that you may be held legally responsible for damages suffered by other users or third parties as the result of your remarks, information, feedback, or other content posted or made available by you through the Website that is deemed defamatory or otherwise legally actionable. YBOW is not legally responsible, nor can it be held liable for damages of any kind, arising out of or in connection to any defamatory or otherwise legally actionable remarks, information, feedback, or other User Content or other content posted or made available through the Website.

Objectionable User Content

You agree that you shall not use the Website to upload, post, transmit, display, perform, or distribute any User Content or other information or materials that: (a) are libelous, defamatory, abusive, threatening, excessively violent, harassing, obscene, lewd, lascivious, filthy, or pornographic; (b) constitute child pornography; (c) solicit personal information from or exploit in a sexual or violent manner anyone under the age of 18; (d) incite, encourage, or threaten physical harm against another; (e) promote or glorify racial intolerance, use hateful and/or racist terms, or signify hate toward any person or group of people; (f) glamorize the use of illegal substances and/or drugs; (g) advertise or otherwise solicit funds or constitute a solicitation for goods or services; (h) violate any provision of this Agreement or any other agreement or policy, including without limitation YBOW's Privacy Policy; (i) disclose another's personal, confidential, or proprietary information; (j) are false or fraudulent; (k) contain images or videos of individuals captured or posted without their consent; (l) promote self-destructive behavior (including without limitation eating disorders or suicide); or (m) are generally offensive, rude, mean-spirited, or in bad taste, as determined by YBOW in its sole discretion (collectively, Objectionable Content). To the extent allowed by law, YBOW disclaims any perceived, implied, or actual duty to monitor content made available through the Website, and specifically disclaims any responsibility or liability for information provided on the Website. Without limiting any of its other remedies, YBOW reserves the right to terminate your use of the Website or your uploading, posting, transmission, display, performance, or distribution of Objectionable Content. YBOW, in its sole discretion, may delete any Objectionable Content from its servers, but has no responsibility to you to do so. YBOW intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of this Agreement or of any applicable laws.

  1. THIRD-PARTY CONTENT

The Website may be linked with the apps and websites of third parties (Third-Party Content), some of whom may have established relationships with YBOW and some of whom may not. YBOW does not have control over the content and performance of Third-Party Content. YBOW has not reviewed, and cannot review or control, all of the material, including computer software or other goods or services, made available on Third-Party Content. Accordingly, YBOW does not represent, warrant, or endorse any Third-Party Content, or the accuracy, currency, content, fitness, lawfulness, or quality of the information, material, goods, or services available through Third-Party Content. YBOW disclaims, and you agree to assume, all responsibility and liability for any damages or other harm, whether to you or to third parties, resulting from your use of Third-Party Content.

  1. NO RELIANCE ON THIRD-PARTY CONTENT

Opinions, advice, statements, or other information made available through the Website by third parties are those of their respective authors, and should not necessarily be relied upon. Those authors are solely responsible for their content. YBOW does not: (i) guarantee the accuracy, completeness, or usefulness of any third-party information accessible on or through the Website, including any information posted by any Advertiser with respect to any Business; or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by a third party through the Website. Under no circumstances will YBOW be responsible for any loss or damage resulting from your reliance on information or other content posted through the Website transmitted to or by any third party.

  1. ASSUMPTION OF RISK; RELEASE

You knowingly and freely assume all risk when using the Website, posting a Listing, or interacting with a Business or user regarding a Listing or through the Website. You, on behalf of yourself, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify YBOW and its owners, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, and assigns (collectively, the YBOW Parties) from any and all claims, actions, or losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, or other damages or harm, whether to you or to third parties, that may result from your use of the Website.

  1. USER ACCOUNT, ACCURACY, AND SECURITY

User Account

To access and use certain parts of the Website, and/or to post a Listing, you may be asked to create a user account (Account), and to provide information that personally identifies you. You represent and warrant that all user information you provide in connection with your Account and your use of the Website is current, complete, and accurate, and you agree that you will update that information as necessary to maintain its completeness and accuracy. You agree that you will not submit any fake content (including without limitation any Account, username, likeness, or profile) to willfully and credibly impersonate another person, whether actual or fictitious. If YBOW believes in its sole discretion that the information you provide is not current, complete, or accurate, YBOW has the right to refuse you access to the Website, or to terminate or suspend your access at any time, or both. For additional information, see YBOW’s Privacy Policy.

Account Security

You may be asked to provide a username, password, and possibly other information to secure your Account. You are entirely responsible for maintaining the confidentiality of your password. You may not use the username or password of any other person, nor may you share your username and password, nor may you circumvent any authentication mechanism requiring the entry of usernames, passwords, or any other information to gain unauthorized access to the Website. You agree to notify YBOW immediately of any unauthorized use of your Account. YBOW shall not be liable for any loss that you incur because of someone else using your Account, either with or without your knowledge. You may be held liable for any losses incurred by YBOW, its affiliates, officers, directors, employees, consultants, agents, and representatives due to someone else's use of your Account.

  1. PROHIBITED CONDUCT

YBOW imposes certain restrictions on your use of the Website. Any violation of this section may subject you to civil and/or criminal liability. The following are expressly prohibited: (a) providing false, misleading, or inaccurate information to YBOW or any other person in connection with the Website; (b) impersonating, or otherwise misrepresenting affiliation, connection, or association with, any person or entity; (c) modifying or changing the placement and location of any advertisement posted through the Website; (d) harvesting or otherwise collecting information about users, including email addresses and phone numbers; (e) without express written permission from YBOW, using or attempt to use any engine, software, tool, agent, or other device or mechanism (including without limitation browsers, spiders, robots, avatars, or intelligent agents) to harvest or otherwise collect information from the Website for any use, including without limitation use on Third-Party Content; (f) accessing content or data not intended for you, or logging into a server or account that you are not authorized to access; (g) attempting to probe, scan, or test the vulnerability of the Website, or any associated system or network, or breaching security or authentication measures without proper authorization; (h) interfering or attempt to interfere with the use of the Website by any other user, host, or network, including (without limitation) by submitting malware or exploiting software vulnerabilities; (i) forging, modifying, or falsifying any network packet or protocol header or metadata in any connection with, or transmission to, the Website (for example, SMTP email headers, HTTP headers, or Internet Protocol packet headers); (j) while using the Website, using ad-blocking or other content-blocking software, browser extensions, or built-in browser options designed to hide, block, or prevent the proper display of online advertising; (k) attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by the YBOW Parties in providing the Website, including without limitation any fraudulent effort to modify software or any other technological mechanism for measuring the number of impressions generated by individual content and/or the overall Website to determine and/or audit advertising revenues and payments, if applicable; (l) creating additional accounts to promote your (or another's) business, or causing others to do so; or (m) paying anyone for interactions on the Website.

  1. INTELLECTUAL PROPERTY

You represent and warrant that, when using the Website, you will obey all applicable laws and respect the intellectual property rights of others. Your use of the Website is at all times governed by and subject to copyright and other intellectual property laws. You agree not to upload, post, transmit, display, perform, or distribute any content, information, or other materials in violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights.

Trademarks

“Your Business Our World,” “YourBusinessOurWorld.com,” YBOW” and the YBOW logo (collectively, the YBOW Marks) are trade names, trademarks or registered trademarks of YBOW. Other trademarks, service marks, graphics, logos, and domain names appearing anywhere on, through, or in connection with the Website may be the trademarks of third parties. Neither your use of the Website nor this Agreement grant you any right, title, or interest in, or any license to reproduce or otherwise use, the YBOW Marks or any third-party trademarks, service marks, graphics, logos, or domain names. You agree that any goodwill in the YBOW Marks generated as a result of your use of the Website will inure to the benefit of YBOW, and you agree to assign, and do assign, all such goodwill to YBOW. You shall not at any time, nor shall you assist others to, challenge YBOW’s right, title, or interest in, or the validity of, the YBOW Marks.

Copyrights

All content and other materials available through the Website, including without limitation the YBOW logo, names and photographs, design, text, graphics, and other files, and their selection, arrangement, and organization, are either owned by YBOW or are the property of YBOW’s licensors and suppliers. Except as explicitly provided, neither your use of the Website nor this Agreement grant you any right, title, or interest in any such materials.

  1. DISCLAIMERS, LIMITATION OF LIABILITY

No Warranties

YBOW, on behalf of itself and its licensors and suppliers, expressly disclaims any and all warranties, express or implied, regarding the Website and any Listing, arising by operation of law or otherwise, including without limitation any and all implied warranties of merchantability, fitness for a particular purpose, non-infringement, no encumbrance, or title, in addition to any warranties arising from a course of dealing, usage, or trade practice. Neither YBOW nor its licensors or suppliers warrants that the Website or any Business will meet your requirements, or that the operation of the Website will be uninterrupted or error-free. YBOW disclaims all implied liability for damages arising out of the furnishing of the Website pursuant to this Agreement, including without limitation, mistakes, omissions, interruptions, delays, tortious conduct, errors, representations, or other defects arising out of the failure to the furnish the Website, whether caused by acts of commission or omission, or any other damage occurring. YBOW shall not be liable for any indirect, incidental, special, consequential, or punitive damages (including without limitation damages for lost profits or lost revenues, and property damage), whether caused by the acts or omissions of YBOW, YBOW Parties, or YBOW users, or their agents or representatives.

Your Responsibility for Loss or Damage; Backup of Data.

You agree that your use of the Website is at your sole risk. You will not hold YBOW or its licensors and suppliers, as applicable, responsible for any loss or damage that results from your access to and/or use of the Website, including without limitation any loss or damage to any of your computers, mobile devices, including without limitations tablets and/or smartphones, or data. The Website may contain bugs, errors, problems, or other limitations.

Limitation of Liability

In no event shall YBOW or its licensors or suppliers be liable to you for any claims arising from your use with the Website, or your reliance on any Listing or other information provided through the Website, including without limitation for special, incidental, or consequential damages, lost profits, lost data or confidential or other information, loss of privacy, costs of procurement of substitute goods or services, failure to meet any duty including without limitation of good faith or of reasonable care, negligence, property damage or otherwise, regardless of the foreseeability of those damages or of any advice or notice given to YBOW or its licensors and suppliers arising out of or in connection with your use of the Website. This limitation shall apply regardless of whether the damages arise out of breach of contract, tort, or any other legal theory or form of action. You agree that this limitation of liability represents a reasonable allocation of risk and is a fundamental element of the basis of the bargain between YBOW and you. The Website would not be provided without such limitations.

Application of Disclaimers

The above disclaimers, waivers, and limitations do not in any way limit any other disclaimer of warranties or any other limitation of liability in any other agreement between you and YBOW or between you and any of YBOW’s licensors and suppliers. Some jurisdictions may not allow the exclusion of certain implied warranties or the limitation of certain damages, so some of the above disclaimers, waivers, and limitations of liability may not apply to you. YBOW’s licensors and suppliers are intended third-party beneficiaries of these disclaimers, waivers, and limitations. No advice or information, whether oral or written, obtained by you through the Website or otherwise shall alter any of the disclaimers or limitations stated in this section.

  1. INDEMNIFICATION

Without limiting any indemnification provision of this Agreement, you (the Indemnitor) agree to defend, indemnify, and hold harmless YBOW and its owners, parents, subsidiaries, affiliates, contractors, property owners, and third-party vendors (collectively, the Indemnitees) from and against any and all claims, actions, demands, causes of action, and other proceedings (individually, Claim, and collectively, Claims), including but not limited to legal costs and fees, and providing sole and exclusive control of the defense of any action to YBOW, including the choice of legal counsel and all related settlement negotiations, arising out of or relating to: (i) the relationship between you and YBOW, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory; (ii) your breach of this Agreement, including without limitation any representation or warranty contained in this Agreement; (iii) your misrepresentations or omissions in any Listing, whether intentional or not; (iv) your breach of any contract with a Business or consumer or portion thereof, (v) your access to or use of the Website; (vi) your provision to YBOW or any of the Indemnitees of information, User Content, or other data; (vii) your violation or alleged violation of any foreign or domestic, international, federal, state, local, community, or educational law or regulation; (viii) your violations of Section 14 regarding prohibited uses of the Website and other prohibited conduct; (ix) your violation or alleged violation of any third party's copyrights, trademarks, or other intellectual property or proprietary rights; and (x) your dispute with any other user of the Website.

The Indemnitees each have the individual right, but not the obligation, to participate through counsel of their choice in any defense by you of any Claim as to which you are required to defend, indemnify, or hold harmless any, each, and/or all Indemnitees. You may not settle any Claim without the prior written consent of the concerned Indemnitees.

  1. DISPUTES BETWEEN USERS

YBOW shall have no obligation to participate in, mediate, or adjudicate disputes between users of the Website, including without limitation, disputes between Advertisers and consumers. All disputes between users shall be governed by the terms of their contract or transaction, if one exists, and if none exists, then disputes between users shall be governed according to the laws of the jurisdiction where the Business at issue in the dispute is located.

  1. DISPUTES WITH YBOW

Binding Arbitration

If you and YBOW cannot resolve a dispute or other Claim through negotiations, either party may elect to have the dispute or Claim finally and exclusively resolved by binding arbitration. Any election to arbitrate by one party shall be final and binding on the other(s).

The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (AAA), as modified by this Agreement, available at the AAA website www.adr.org or by calling the AAA at 1-800-778-7879. Except as otherwise provided for in this Agreement, YBOW will pay the AAA filing, administration, and arbitrator fees. If, however, the arbitrator finds that either the substance of your claim or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then you will pay the arbitrator fees, in addition to any amount that exceeds the filing fees. In that case, you also agree to reimburse YBOW for all payments disbursed that are your obligation to reimburse under the AAA Rules. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to resolve, except that issues relating to the enforceability of the arbitration provision are for a Court of Competent Jurisdiction to resolve. The arbitration may be conducted in person, through document submission, through telephone, or online, but the location of the arbitration shall be Fairfax County, Virginia. The arbitrator will issue a decision in writing, but need only provide a statement of reasons if requested by a party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Either party may litigate to compel arbitration in court, to stay proceedings pending arbitration, or to modify, confirm, vacate, or enter judgment on the award entered by the arbitrator. The arbitrator shall award costs to the prevailing party (exclusive of attorneys' fees) at any time during the proceeding and upon request from either party, within 14 days of the arbitrator's ruling on the merits.

You acknowledge that without this provision, you would have the right to sue in court with a jury trial.

Restrictions Against Joiner of Claims

You and YBOW agree that any arbitration shall be limited to each Claim individually. You and YBOW agree that each may only bring Claims against the other in your or YBOW’s individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.

If this specific provision is found to be unenforceable in a Court of Competent Jurisdiction, the Claim will still be finally and exclusively resolved by binding arbitration upon the election of either party, and any election to arbitrate by one party shall be final and binding on the other(s). In addition: (1) no arbitration shall be joined with any other arbitration, (2) there is no right for any Claim to be arbitrated on a class-action basis or to employ class action procedures, and (3) there is no right of authority for any dispute to be brought in a purported representative capacity on behalf either of the general public or any other individuals.

You acknowledge that without this provision, you would have the right to participate in class actions.

Remedies in Aid of Arbitration; Equitable Relief

This agreement to arbitrate will not preclude you or YBOW from seeking provisional remedies in aid of arbitration, including without limitation orders to stay a court action, compel arbitration, or confirm an arbitral award, from a Court of Competent Jurisdiction. Furthermore, this agreement to arbitrate will not preclude you or YBOW from applying to a Court of Competent Jurisdiction for a temporary restraining order, preliminary injunction, or other interim or conservatory relief, as necessary. Court of Competent Jurisdiction means any federal or state court: (1) that has jurisdiction over the subject matter; and (2) that is located in or nearest to Fairfax County, Virginia.

Venue for any Judicial Proceeding

This Agreement, including without limitation this Agreement's interpretation, shall be treated as though this Agreement were executed and performed in Virginia, and shall be governed by and construed in accordance with the laws of Virginia without regard to its conflict of law principles. The language in this Agreement shall be interpreted in accordance with its fair meaning and not strictly for or against either party.

The proper venue for any judicial action arising out of, relating to, or in connection with this Agreement will be the state and federal courts located in or nearest to Fairfax County, Virginia. The parties stipulate to, and agree to waive any objection to, the personal jurisdiction and venue of such courts, and further expressly submit to extraterritorial service of process.

  1. TERMINATION

By YBOW

Without limiting any other provision of this Agreement, YBOW reserves the right to, in YBOW’s sole discretion and without notice or liability, deny use of the Website to any person for any reason or for no reason at all, including without limitation for any breach or suspected breach of any representation, warranty, or covenant contained in this Agreement, or of any applicable law or regulation.

By You

You may terminate this Agreement and your rights under it at any time, for any or no reason at all, by providing to YBOW notice of your intention to do so, in the manner required by Section 21.

Effect of Termination

Any termination of this Agreement automatically terminates all rights and licenses granted to you under this Agreement, including all rights to use the Website. Upon termination, YBOW may, but has no obligation to, in YBOW’s sole discretion, rescind any services and/or delete from YBOW’s systems all your personal information and any other files or information that you made available to YBOW or that otherwise relate to your use of the Website. Upon termination, you shall cease any use of the Website.

After termination, YBOW reserves the right to exercise whatever means it deems necessary to prevent your unauthorized use of the Website, including without limitation technological barriers such as IP blocking and direct contact with your Internet Website Provider.

Survival

Upon termination, all rights and obligations created by this Agreement will terminate, except that any outstanding payment obligations existing as of the date of termination and the following Sections will survive any termination of this Agreement: Sections 1­­–2, 5, 9–12, 14, 15–17, and 19–22.

  1. NOTICES

All notices required or permitted to be given under this Agreement must be in writing. YBOW shall give any notice by email sent to the most recent email address, if any, provided by the intended recipient to YBOW. You agree that any notice received from YBOW electronically satisfies any legal requirement that such notice be in writing. You bear the sole responsibility of ensuring that your email address on file with YBOW is accurate and current, and notice to you shall be deemed effective upon the sending by YBOW of an email to that address. You shall give any notice to YBOW by submitting said notice to us by completing the “Contact Us” form on the Website.

  1. GENERAL

Entire Agreement. This Agreement constitutes the entire agreement between YBOW and you concerning your use of the Website.

Partial Invalidity. Should any part of this Agreement be declared invalid, void, or unenforceable by an arbitrator or Court of Competent Jurisdiction, such decision shall not affect the validity of any remaining portion of this Agreement, which shall remain in full force and effect, and the parties acknowledge and agree that they would have executed the remaining portion without including the part so declared by an arbitrator or Court of Competent Jurisdiction to be invalid, void, or unenforceable.

Amendments. This Agreement may only be modified by a written amendment signed by an authorized executive of YBOW, or by the unilateral amendment of this Agreement by YBOW along with the posting by YBOW of that amended version.

No Waiver. A waiver by either party of any term or condition of this Agreement, or any breach, in any one instance, will not waive that term or condition or any later breach.

Assignment. This Agreement and all of your rights and obligations under it will not be assignable or transferable by you without the prior written consent of YBOW. This Agreement will be binding upon and will inure to the benefit of the parties, their successors, and permitted assigns.

Independent Contractors. You and YBOW are independent contractors, and no agency, partnership, joint venture, or employee-employer relationship is intended or created by this Agreement.

No Third-Party Beneficiaries. There are no third-party beneficiaries to this Agreement, with the following exceptions: the YBOW Parties, Indemnitees, and YBOW’s licensors and suppliers (to the extent expressly stated in this Agreement).

Injunctive Relief. You acknowledge and agree that any actual or threatened breach of this Agreement or infringement of proprietary or other third-party rights by you would cause irreparable injury to YBOW and YBOW’s licensors and suppliers, and would therefore entitle YBOW or YBOW’s licensors or suppliers, as the case may be, to injunctive relief.

Headings. The headings in this Agreement are for convenience only, and shall have no legal or contractual effect.