Welcome! You are visiting the website of Yieldings.com, the website for Yieldings (referred to herein as the "Website").
(a) General Use of Web Site
(b) Copyright, Trademark, and Other Intellectual Property Rights
Except as otherwise expressly noted, all images, illustrations, designs (including product designs), graphics, icons, photographs, text, audio clips, video clips, and other materials that appear as part of the Website as well as the selection, arrangement and organization of the foregoing and the Website as a whole (collectively, "Content") are subject to copyright, trademark, service mark, trade dress, and/or other intellectual property rights or licenses, and rights of publicity and privacy, all worldwide rights, titles and interests in and to which are owned by or licensed to Yieldings, or our suppliers. Certain trademarks, service marks and trade names on the Website are the registered or unregistered trademarks, service marks and trade names of Yieldings and may not be used without our express permission. Other trademarks, service marks and trade names and products contained herein are the registered or unregistered property of their respective owners. All software used on this Website is the property of Yieldings or its suppliers and is protected by U.S. and international copyright and other intellectual property laws.
You may not reproduce (except as expressly noted below), create derivative works from, distribute in any way, display or publicly perform, any Content or software without the prior written permission of Yieldings. The Content of the Website, and the Website as a whole, and the software is intended solely for personal non-commercial use by you and other users of the Website. You may download one copy of any materials, other than music, found in the Content on a single computer for your personal, non-commercial use only. This is not a transfer of title to any Content and your use is subject to the following restrictions. You may not (a) modify or create any derivative work based on the Content or use the Content, in whole or in part, for any commercial purpose or for any public display, performance, sale, rental, outsourcing or other commercial exploitation; (b) remove or alter any copyright, trademark or other proprietary notices from the Content; (c) transfer the Content to another person; or (d) reproduce the Content, the Website or the software, in whole or in part, except as necessary and incidental to the downloading of the one copy of the materials, other than music, as expressly provided herein. You agree to prevent any unauthorized modification or copying of the Content or software. Yieldings reserve all rights not expressly granted herein.
References on this Website to the trademarks, service marks, trade names, products, company names or services of third parties are provided for your convenience and do not in any way constitute or imply an endorsement or recommendation of that third party or its products or services by Yieldings.
As such, Yieldings will own exclusively all such rights, titles and interests and shall have the right to use, reproduce, create derivative works based on, disclose, publish, distribute, display and publicly perform any Submissions and not be limited in any way in its use, commercial or otherwise, of any Submissions. Further, Yieldings shall be under no obligation to maintain any Submissions in confidence, pay to users any compensation or royalties for any Submissions, or provide attribution to any users for any Submissions. Yieldings shall have no obligation to use, return, or review any Submissions. For this reason, we ask that you not send us or post any Submissions that you do not wish to assign to us.
(d) Third Party Content
Certain sections of the Website may include Content submitted by third parties. Although Yieldings may periodically review Content posted on the Website by third parties, Yieldings has no control over Content submitted by others to the Website. Any opinions, advice, statements, services, offers, or other information or Content posted, expressed or made available on the Website by third parties are those of the respective authors and not Yieldings, and Yieldings does not endorse any of the foregoing. Yieldings makes no representation or warranty as to the accuracy or reliability of any Content posted on the Website by third parties and assumes no liability for any such Content. You should seek the advice of professionals, as appropriate, regarding the evaluation of any specific information, opinion, advice or other Content posted by third parties.
(e) Links to Other Websites and Services
When you use our Website, you may discover that it contains links to other sites that are not owned or operated by Yieldings. These links are not intended to be referrals or endorsements of the linked sites and Yieldings are providing them only as a convenience. As such, Yieldings do not warrant, represent or assume any responsibility or liability for the accuracy, completeness or operation of any linked site (or any site contained in a linked site), or the practices or privacy and other policies contained in any linked site (or any site contained in a linked site). You should familiarize yourself, therefore, with the specific legal, privacy and security information contained in any such websites.
Our Website also contains links to other sites operated by Yieldings. We advise you to review the legal, privacy and security information for each such site to which you link, as the terms and conditions of use and the policies relating to the personal information you provide may vary from website to website.
Linking to This Website. Establishing or maintaining a link from another website to this Website without the prior express written consent of Yieldings is strictly prohibited. Displaying this Website or any Content contained on this Website in frames or through similar means on any website without Yieldings’ express written permission is also strictly prohibited. Any permitted links must comply with all applicable laws and regulations.
(f) Product Information
We make all reasonable efforts to provide information on this Website that is accurate and complete; however, pricing and typographical errors may occur or information may be out of date. There may be information, including information about products, their availability, or their prices that may be inaccurate or incomplete. We regret any inconvenience to you.
(g) Return Policy
Our customers continue to be our top priority. If you're not satisfied with your purchase, return the merchandise with all original tags attached and the original packaging, accompanied by a purchase receipt within 30 days of purchase for an exchange or refund in the original form of tender. Returns with receipts over 30 days will not be accepted. The buyer is responsible for paying the cost of any return shipping required.
Merchandise that is used, worn or in unsellable condition will not be accepted for refund, store credit or exchange. Returns of swimwear and intimate apparel require tickets properly attached to the merchandise. Other restrictions may apply.
Unfortunately, many retailers are subject to fraudulent return activity. Returns may also be limited or declined based upon our refund verification systems, which are used to process and track returns to help administer our loss prevention program.
A valid government issued photo ID, name, address, and signature are required for returns and may be required for use of any resulting merchandise credit. Any name printed on the merchandise credit must match the name on the photo ID presented or the merchandise credit may not be used. A customer signature may also be required for receipted returns.
To make your returns quicker and easier please keep your receipt.
We have tried to display the products and attributes of the products on the Website, including the colors of products accurately. Because the colors you see depend on your computer monitor, we cannot guarantee that your monitor's display of any color will be accurate.
(i) "Compare At" Price
The "compare at" price is our purchasing staff's researched MSRP value of the regular, retail price at which a the sale items in finer catalogs, specialty or department stores may have been sold. We buy products from thousands of vendors worldwide, so the item may not be offered by other retailers at the "compare at" price at any particular time or location. We encourage you to do your own comparison shopping as another way to see what great value we offer. We stand for bringing you and your family exceptional value every day – it's the foundation of our business.
(j) Gift Cards and Gift Messages
All Gift Cards and other gift certificates are deemed purchased in and issued from the State of Alabama. The risk of loss and title to such items pass to the purchaser upon our electronic transmission to the recipient or delivery to the carrier, whichever is applicable. Certain restrictions regarding use or purchase of a Gift Card or other gift certificate shall apply to the fullest extent permitted by applicable law.
A gift message service is available to our users through the Website subject to the following guidelines. You may not use libelous, defamatory, tortious, or otherwise unlawful, abusive, threatening, immoral, offensive, profane or obscene language in gift messages. We reserve the right (but do not assume the obligation) to restrict or remove any and all content from gift messages that we determine, in our sole discretion, violates these guidelines or would be harmful to us, our users, or any third party.
The Website may provide from time to time the opportunity to enter contests or sweepstakes sponsored by Yieldings or a third party. You acknowledge and agree that each contest or sweepstakes is governed by the Official Rules posted for that contest or sweepstakes and is void where prohibited by law. Before participating in any contest or sweepstakes provided on the Website, you agree to review the applicable Official Rules and eligibility requirements and restrictions for participation in that contest or sweepstakes.
(m) Disclaimer/Limitation of Liability
The Website, its Content, any information available on or through the Website AND THE SOFTWARE are provided "as is" and "as available" and without any representations or warranties of any kind, either express or implied, to the fullest extent permitted pursuant to applicable laws. In addition, Yieldings do not represent or warrant that your use of the Website, or the operation or function of the Website, any component thereof, or any services offered in connection therewith, will be uninterrupted or error free; that defects therewith will be corrected; or that the Website or its server are free of viruses or other harmful elements. In addition, certain information may be updated from a source other than Yieldings and Yieldings do not assume any liability or responsibility for the accuracy of such information.
Yieldings, and their respective employees, directors, officers, agents, representatives, vendors, and/or suppliers are not liable for any damages, including special, indirect, punitive, or consequential damages of any nature, resulting from any use of or reliance on, the content, the Website, materials or information provided on or through the Website, the software, or any products purchased through the Website, including, without limitation, damages for lost profits, loss of goodwill, or loss of data, software or content, or any use of any of the foregoing, even if an authorized representative of Yieldings has been advised or should have known of the possibility of such damage. In no event will Yieldings be liable for any damages in excess of the fees paid by you in connection with your use of the Website during the twelve month period immediately preceding the date on which the claim arose.
You acknowledge, by your use of the Website, that your use is at your sole risk, that you assume full responsibility for all costs associated with all necessary servicing, repairs or replacement of any equipment, hardware, software or data you use in connection with your use of the Website and that Yieldings shall not be liable for any damages of any kind related to your use of or inability to use the Website. Yieldings make no representation or warranty that the Website, Content, software or any product offered or purchased through the Website is applicable or appropriate for use or access in locations outside of the United States.
In addition, Yieldings disclaim any and all representations and warranties with respect to the Website, its Content, the software and the products, whether express, implied or statutory, including warranties of title, merchantability, fitness for a particular purpose and/or non-infringement of any intellectual property or other proprietary rights. Without limiting the foregoing, Yieldings disclaim any and all warranties, express or implied, for any merchandise or services offered on the Website.
In the event of any problem with this Website, the content or the software, you agree that your sole remedy shall be to cease use of the Website. In the event of any problem with any product or service purchased through this Website, you agree that your remedy, if any, is from the manufacturer or supplier (BUT NOT ANY YIELDINGS BUSINESS) of that product or service in accordance with the manufacturer's or supplier's warranty or to seek a refund or return in accordance with our returns policy.
You agree to defend, indemnify and hold Yieldings harmless from and against any and all claims, damages, costs and expenses, including attorneys' fees, arising from or related to your use of the Website. The foregoing indemnity provision shall not apply to the extent that any claim arises from Yieldings’ own fraud, willful injury, willful violation of law, negligence, or a violation of the New Jersey Products Liability Act, N.J.S.A. 2A:58C-1 et. seq.
(o) Arbitration Agreement and Waiver of Certain Rights
If you demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, Yieldings will pay as much of the administrative costs and arbitrator's fees required for the arbitration as the arbitrator deems necessary to prevent the cost of the arbitration from being prohibitive. In the final award, the arbitrator may apportion the costs of arbitration and the compensation of the arbitrator among the parties in such amounts as the arbitrator deems appropriate.
Neither you nor Yieldings may act as a class representative or private attorney general, nor participate as a member of a class of claimants, with respect to any Claim. Claims may not be arbitrated on a class or representative basis. The arbitrator can decide only your and/or Yieldings’ individual Claims. The arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated.
THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM, THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN AAA RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF. OTHER RIGHTS THAT YOU OR YIELDINGS WOULD HAVE IN COURT ALSO MAY NOT BE AVAILABLE IN ARBITRATION.