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Terms of Use

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

Before using our Website, please take some time to review the following basic terms and conditions and the terms of our Privacy Policy (which are incorporated herein by reference). Collection and use of user personal information under this Website is subject to the Privacy Policy. The Terms of Use and the Privacy Policy are collectively referred to as the "Terms of Use." When you use our Website you are automatically agreeing to be bound by the Terms of Use. The Terms of Use or any term or conditions thereof may be changed or updated by Yieldings from time to time without prior notice. Continued use of the Website following any such changes shall constitute your acceptance of any new Terms of Use. Users are responsible for regularly reviewing the Terms of Use and we encourage you, therefore, to review them carefully whenever you use the Website. We may suspend or terminate your account or your use of this Website at any time, for any reason or for no reason. If you do not agree with any of the Terms of Use, please do not use the Website.

Children under the age of 13 may not use this Website and parents or legal guardians may not agree to the Terms of Use on their behalf. If you are under the age of 18 but at least 13 years of age you may use this Website only with the consent of and under the supervision of a parent or legal guardian who agrees to be bound by the Terms of Use. If you are a parent or legal guardian agreeing to the Terms of Use on behalf of a child between the ages 13 and 18, you agree that you are fully responsible for use of this Website by that child, including any financial charges that the child may incur through use of the Website.

 

(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.

(c) Submissions

Other than personal information which is subject to the Privacy Policy, all comments, feedback, suggestions, ideas, original materials such as stories, artwork, computer code, or product or marketing ideas and any other Content disclosed, submitted or offered to Yieldings on or through the Website or otherwise disclosed, submitted or offered by you to us (collectively, "Submissions") shall be and remain the property of Yieldings. Such disclosure, submission or offer of any Submissions and your agreement to these Terms of Use shall constitute an assignment to Yieldings of all worldwide rights, titles and interests in all copyrights and other intellectual property rights in the Submissions, and you acknowledge that your use of the Website is consideration for that assignment.

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.

You agree that no Submissions by you to the Website will violate any right of any third party, including copyright, trademark, privacy, publicity or other personal, intellectual property, or proprietary right(s). You also agree that no Submissions by you to the Website will be or contain libelous, defamatory, tortious, or otherwise unlawful, abusive, threatening, immoral, offensive, profane or obscene material or that will constitute or encourage conduct that would be considered criminal or encourage conduct that is criminal. You are and shall remain solely responsible for the content of any Submissions you make. You shall not alter, modify, edit or remove any Submissions by any third party to the Website. Yieldings reserve the right to take any action they reasonably deem necessary to cure or prevent a violation of the Terms of Use, including without limitation, removal from this Website of any materials submitted by any user and/or removal and/or termination of any account of any user.

(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 in original condition with all original tags attached, accompanied by a purchase receipt within 30 days of purchase for an exchange, store credit, or refund in the original form of tender. Returns after 30 days will not be accepted.

We offer two refund options for returnable merchandise:

  • Buyer can select to return for store credit and enjoy free return shipping and no restocking fees. (Note: Air-shipping rates apply for Alaska and Hawaii.) Store credit will be issued in the form of a Yieldings gift card, valid for 5 years from the date of issuance. 
  • Buyer can select to return for a refund to original form of payment. Buyer will be responsible for arranging return shipping, and pay a $9.99 restocking fee on shoes, and a $4.99 restocking fee on clothing. 
  • All returns must be accompanied by a printed copy of the RMA (return merchandise authorization) to be accepted. 

In the case where a coupon code was applied to an order that was returned for store credit or refund, and the return causes the coupon code to no longer be applicable, the value of the coupon will be deducted before applying the refund or store credit. 

All of our merchandise is guaranteed to be 100% authentic merchandise. For any concerns regarding authenticity of any product, please contact us.  

Merchandise that is used, worn, or in unsellable condition will not be accepted for refund, store credit or exchange. Shoes must be returned with their original shoebox in its original condition. Merchandise returned in non-new condition will not be returned to sender. Returns of swimwear and intimate apparel require tickets to be properly attached to the merchandise. Other restrictions may apply.

Unfortunately, many retailers are subject to fraudulent return activity. Returns may 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.

(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.

(k) Contests/Sweepstakes

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.

(l) Privacy Policy

The Privacy Policy governs the use of personal information provided by you at the Website. We collect non-personal information through the Website and we may take your personal information and make it non-personal information, either by combining it with information about other individuals (aggregating the information) or by removing characteristics that make the information personal to you (de-personalizing your information). The Privacy Policy does not apply to information that is not personal information and there are no restrictions under the Privacy Policy upon our right to aggregate or de-personalize your personal information and use and share that information with third parties. View our Privacy Policy to learn about the measures we employ designed to help protect your credit and debit card information. Should any unauthorized charges appear on your credit card as a result of purchases made on this Website, you must notify your credit card provider in accordance with its reporting rules and procedures.

(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.

 (n) Indemnification

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

You and Yieldings agree that we will resolve any disputes between us through binding and final arbitration instead of through court proceedings. You and Yieldings hereby waive any right to a jury trial of any Claim. All controversies, claims, counterclaims, or other disputes arising between you and Yieldings relating to these Terms of Use or the Website (each a “Claim”) shall be submitted for binding arbitration in accordance with the Rules of the American Arbitration Association (“AAA Rules”). The arbitration will be heard and determined by a single arbitrator. The arbitrator's decision in any such arbitration will be final and binding upon the parties and may be enforced in any court of competent jurisdiction. The parties agree that the arbitration will be kept confidential and that the existence of the proceeding and any element of it (including, without limitation, any pleadings, briefs or other documents submitted or exchanged and any testimony or other oral submissions and awards) will not be disclosed beyond the arbitration proceedings, except as may lawfully be required in judicial proceedings relating to the arbitration or by applicable disclosure rules and regulations of securities regulatory authorities or other governmental agencies.

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.

This arbitration agreement does not preclude you or Yieldings from seeking action by federal, state, or local government agencies. You and Yieldings also have the right to bring qualifying claims in small claims court. In addition, you and Yieldings retain the right to apply to any court of competent jurisdiction for provisional relief, including pre-arbitral attachments or preliminary injunctions, and any such request shall not be deemed incompatible with these Terms of Use, nor a waiver of the right to have disputes submitted to arbitration as provided in these Terms of Use.

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.

If any provision of this Section is found to be invalid or unenforceable, then that specific provision shall be of no force and effect and shall be severed, but the remainder of this Section shall continue in full force and effect. No waiver of any provision of this Section of the Terms of Use will be effective or enforceable unless recorded in a writing signed by the party waiving such a right or requirement. Such a waiver shall not waive or affect any other portion of this Terms of Use. This Section of the Terms of Use will survive the termination of your relationship with Yieldings.

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.