Use of Content
Our Services and the Content are available only for your personal use. You may not use the Services in any other way for any other purpose. Our publication of Content or granting access to any of our Services does not represent, either explicitly or implicitly, any provision of services or products by us, nor does it represent any promise to you that such access to such Content or Services will be available to you now or in the future or that you qualify to receive any of our products or services. We are entitled to modify, reduce, remove or otherwise terminate any of our Services, or any portion thereof including any or all of the services and Content offered thereon, at any time without prior notice to you.
Yes We Vibe Inc. fees are net of any applicable Sales Tax. If any Services, or payments for any Services, under the Terms are subject to Sales Tax in any jurisdiction and you have not remitted the applicable Sales Tax to Yes We Vibe Inc., you will be responsible for the payment of such Sales Tax and any related penalties or interest to the relevant tax authority, and you will indemnify Yes We Vibe Inc. for any liability or expense we may incur in connection with such Sales Taxes. For purposes of this section, “Sales Tax” shall mean any sales or use tax, and any other tax measured by sales proceeds, that Yes We Vibe Inc. is permitted to pass to its customers, that is the functional equivalent of a sales tax where the applicable taxing jurisdiction does not otherwise impose a sales or use tax.
Privacy and Security
Except as otherwise indicated, our Services and Content, and all rights thereto, are the property of Yes We Vibe Inc. and/or our affiliated companies and are protected under U.S. copyright, trade secret, trademark and patent law as well as international treaty provisions, with all rights reserved. Yes We Vibe Inc. and other related graphics, logos, service marks and trade names used on or in connection with the Services are the trademarks of Yes We Vibe Inc. and may not be used without permission in connection with any third-party products or services. Other trademarks, service marks and trade names that may appear on or in the Services are the property of their respective owners.
Except as authorized herein or with our prior written approval, you are prohibited from copying, modifying, displaying, distributing, transmitting, transferring, redelivering, publishing, selling, marketing, renting, leasing, licensing or sub licensing, creating derivative works, or otherwise using or making available to any third party/parties any of our Services or any of the Content for any purpose. Systematic retrieval of data from any of our Services or the Content thereon to create or compile, directly or indirectly, a collection, compilation, database or directory, unless with our express written permission, is prohibited. You agree that you will not, directly or indirectly, reverse engineer, decompile, reproduce or otherwise attempt to derive source code, trade secrets, or other intellectual property from any information, material, or technology included on any of our Services or in the Content. Any attempt to do so is a violation of our rights, and if you breach this restriction, you may be subject to prosecution and damages.
Submissions to Us
Other than your personally identifiable information, any information, ideas, questions, comments, proposals or materials that you submit to us, such as for marketing, advertising, promotions, contests, products, services, devices, processes, trademarks, logos, artwork, music, photos, or videos (“Submissions”), via electronic transmission or otherwise, will be considered non-confidential and non-proprietary. By submitting any Submissions, you grant to us a perpetual, irrevocable, world-wide, royalty-free right and license to use, modify, publish, disclose, or exploit the Submission at our sole discretion.
Disclaimer of Warranty
YOUR USE OF ANY OF OUR SERVICES AND ANY OF THE CONTENT, INCLUDING BUT NOT LIMITED TO MOBILE APPLICATIONS, SERVICES, SHIPPING INFORMATION, POLICY/CLAIM INFORMATION, GRAPHICS, TEXT AND HYPERLINKS OR REFERENCES TO OTHER WEBSITES, IS AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE HEREBY DISCLAIM ALL WARRANTIES IN CONNECTION WITH OUR SERVICES AND THE CONTENT. OUR SERVICES AND ALL CONTENT IS PROVIDED "AS IS", “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. FURTHER, WE DO NOT MAKE ANY OTHER REPRESENTATIONS OR WARRANTIES THAT OUR SERVICES OR CONTENT WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED OR FREE FROM ERRORS, THAT ANY ERRORS WILL BE CORRECTED, OR THAT THE SERVICES OR CONTENT WILL BE FREE FROM MALICIOUS SOFTWARE, VIRUSES OR OTHER HARMFUL COMPONENTS. FURTHER, WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR RESULTS OF THE USE OF THE SERVICES OR ANY OF THE CONTENT, NOR THE ADEQUACY, ACCURACY OR COMPLETENESS OF THE SERVICES OR ANY CONTENT OR ANY OF THE INFORMATION, PRODUCTS OR SERVICES PROVIDED THROUGH THE SERVICES OR CONTENT. NO ORAL OR WRITTEN INFORMATION GIVEN BY ANY PARTY SHALL CREATE ANY SUCH WARRANTIES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES OR LIMITATIONS ON APPLICABLE STATUTORY RIGHTS OF A CONSUMER, SO THE ABOVE EXCLUSION AND LIMITATIONS MAY NOT APPLY TO YOU. IN NEW JERSEY, THE ABOVE DISCLAIMER OF THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE DOES APPLY TO YOU BUT DOES NOT LIMIT OUR LIABILITY FOR A VIOLATION OF A STATUTORILY IMPOSED DUTY.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM, AND YOU AGREE NOT TO HOLD US RESPONSIBLE FOR, ANY LOSSES, DAMAGES, INJURIES, CLAIMS OR OTHER LIABILITY OF ANY KIND, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION OR ANY OTHER COMMERCIAL DAMAGES OR LOSSES, ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESSING OR USING OR INABILITY TO ACCESS OR USE ALL OR ANY PART OF ANY OF OUR SERVICES OR ANY OF THE CONTENT, OR YOUR RELIANCE ON SUCH SERVICES AND/OR CONTENT, OR ANY FAILURE OF PERFORMANCE, ERROR, INTERRUPTION, DEFECT, DELAY IN TRANSMISSION, COMPUTER VIRUSES OR OTHER HARMFUL COMPONENTS OR CONTENT, OR LINE OR SYSTEM FAILURE ASSOCIATED WITH SUCH SERVICES AND/OR CONTENT, REGARDLESS OF OUR NEGLIGENCE AND/OR KNOWLEDGE THEREOF.
UNDER NO CIRCUMSTANCES WILL YES WE VIBE INC. BE LIABLE TO YOU FOR MORE THAN THE GREATER OF (A) THE TOTAL AMOUNT PAID TO YES WE VIBE INC. BY YOU DURING THE ONE-MONTH PERIOD PRIOR TO THE ACT, OMISSION OR OCCURRENCE GIVING RISE TO SUCH LIABILITY AND (B) THE REMEDY OR PENALTY IMPOSED BY THE STATUTE UNDER WHICH SUCH CLAIM ARISES. THE FOREGOING CAP ON LIABILITY SHALL NOT APPLY TO LIABILITY OF YES WE VIBE INC. FOR (A) DEATH OR PERSONAL INJURY CAUSED BY A COMPANY PARTY’S NEGLIGENCE; OR FOR (B) ANY INJURY CAUSED BY YES WE VIBE INC. FRAUD OR FRAUDULENT MISREPRESENTATION.
THE LAW IN CERTAIN STATES, INCLUDING NEW JERSEY, MAY NOT ALLOW THE DISCLAIMER OR EXCLUSION OF ANY OR ALL OF SUCH LIABILITY, AND AS SUCH, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NEW JERSEY, THIS PROVISION DOES NOT LIMIT OR EXCLUDE OUR LIABILITY FOR OUR OWN INTENTIONAL TORTS, WILLFUL OR RECKLESS CONDUCT, GROSS NEGLIGENCE, OR VIOLATION OF A STATUTORILY IMPOSED DUTY.
Third Party Websites
Our Websites may provide links to non-affiliated third party websites. Be aware when visiting such websites that we are not responsible for and make no representations regarding the content, privacy policies and practices (security or otherwise) regarding these or any other third party websites. You should read the policies of the websites you visit to understand their policies for the collection and treatment of data and any expenses associated with the products and services provided on, or use of, such third party websites.
The Services can be accessed from countries around the world and may contain references to Services and Content that are not available in your country. These references do not imply that Yes We Vibe Inc. intends to announce such Services or Content in your country. Services are controlled and offered by Yes We Vibe Inc. from its facilities in the United States of America. Yes We Vibe Inc. makes no representations that Services are appropriate or available for use in other locations. Those who access or use Services from other countries do so at their own volition and are responsible for compliance with local law.
Guarantee, Underwriting, and Administration
Shipping Guarantee. Through our Policy, we provide a shipping guarantee for your online purchases that are lost, damaged or “porch pirated” while in transit. We are not licensed to offer insurance but do offer a guarantee to either reimburse the customer for 100% of their purchase (minus the original shipping cost & any guarantee fee's) or reship the order again to a different address where the package can be received.
The Policy does not cover the following: cash, cigarettes and other tobacco products; computer memory modules and cards; cotton; fine art (defined as art valued in excess of $10,000 per piece); flowers; fresh foods (excepting frozen foods in refrigerated containers); jewelry valued in excess of $300 per piece; live animals; negotiable papers; perishable commodities (defined as commodities which spoil or deteriorate when not carried or stored in a temperature controlled environment); pharmaceutical drugs; plants; precious stones and metals; securities; automobiles and motorcycles; bagged goods; boats and yachts; ceramic, marble or granite tiles; slabs blocks; countertops; statues; glass windows, plate glass and similar goods; lumber; used household goods and personal effects; scrap metal; and steel metal and steel metal products.
For domestic shipments, the insured must wait seven (7) business days after the scheduled delivery date, and, for international shipments, the insured must wait ten (10) business days after the scheduled delivery date to file for non-delivery (lost) claims. If damaged, the insured must file a notice of damage with Yes We Vibe Inc. within three (3) days of receipt of such shipment. All claims must be filed within thirty (30) days of parcel shipment date to be honored. The insured will submit a completed claim form, copy of the original invoice to the consignee/ original invoice from the shipper, whichever is applicable, a signed and dated statement from the consignee / receiving party, proof of damage if applicable and any additional documentation requested to substantiate the loss. Coverage does not include handling fees and guarantee fees. All damaged property for which payment (not repair costs), or replacement costs have been made, must, on request, be returned to Yes We Vibe Inc. Failure to hold the damaged property until the claim is fully resolved will result in the claim(s) being denied. The insured will have one (1) year from the date of the shipment to furnish any required and/or additional documentation requested by Yes We Vibe Inc. in order for the insured to substantiate said claim. Should the insured fail to provide the required and/or additional documentation within one (1) year from the ship date, the insured’s claim will be denied. Any covered loss will be promptly paid to the insured or their assignee after notice of loss or damage and the required documentation has been received and accepted by Yes We Vibe Inc. in accordance with all terms and conditions of this coverage, unless property is replaced, at the option of Yes We Vibe Inc., with like kind, function, and quality.
No suit, action or proceedings for the recovery of any claim under this coverage shall be sustainable in any court of law or entity unless the respective action is commenced within twelve (12) months after discovery by the insured of the issue giving rise to the claim, provided however, that said time limitation is invalid by the state law where this coverage is issued. In that case any such claim shall be void.
The insured or Yes We Vibe Inc. may terminate the Policy at any time by giving fifteen (15) days written notice thereof, provided that such termination does not impact a shipment already in transit. Certified notice of cancellation sent to the insured at the last known address shall be deemed sufficient compliance with the conditions of this clause on the part of Yes We Vibe Inc.
Submission of Claims
All packaging material and damaged goods must be kept in the original form as received. Packaging and damaged goods should not be disposed of or released to the shipping carrier before a claim is completed, as photographs may be required. Failure to comply can result in the denial of the claim due to insufficient packing.
The insured will submit a completed claim form, copy of the original invoice to the consignee / original invoice from the shipper, whichever is applicable, a signed and dated statement from the consignee / receiving party, proof of damage if applicable and any additional documentation requested to substantiate the loss. Coverage does not include handling fees and guarantee fees. All damaged property for which payment (not repair costs), or replacement costs have been made, must, on request, be returned to Yes We Vibe Inc. Failure to hold the damaged property until the claim is fully resolved will result in the claim’s being denied.
Once a claim has been accepted and approved by Yes We Vibe Inc., prompt payment will be made to the insured.