Sharing of Personal Information
We also may share with third parties aggregated demographic and statistical information that is not personally identifiable.
YaShip also may disclose an individual's personal information:
to a person who in the reasonable judgment of YaShip is seeking the information as an agent of the individual;
in situations where sharing or disclosing your information is required in order to offer you products or services you desire;
to a third party or parties, where disclosure is required or permitted by law;
to any other entity that acquires all or a portion of our organization by merger, reorganization, operation of law, or a sale of some or all of YaShip’ assets.
YaShip may be required to use or disclose your information in connection with a legal action or other proceeding, including without limitation, in response to a court order or a subpoena. We also may disclose such information in response to a law enforcement agency's request.
YaShip does not knowingly solicit or collect personal information on the Site from children under the age of 13 without prior verifiable parental consent. If YaShip learns that, despite these measures, a child under the age of 13 has submitted personally identifiable information to YaShip through the Site, it will take reasonable measures to delete such information from its records and to not use such information for any purpose (except where necessary to protect the safety of the child or others as required by law).
How We Store Your Information
YaShip is committed to protecting the security of any personal information you provide to us. We maintain commercially reasonable safeguards to maintain the security and privacy of personal information that you provide to us. After you have submitted your information online to YaShip, we recommend that you end your browser session before leaving your computer. In spite of these protections, YaShip cannot guarantee the security of any data submitted over the Internet. After your information reaches YaShip, however, it is stored on servers (or in the case of information received from you in person, in writing or over the phone, in physical storage areas) protected by procedures and technology designed to block reasonably foreseeable intrusions by unauthorized third parties.
Opt-Out From Mailings
From time to time, you may receive periodic e-mails, mailings or telephone calls from YaShip with news or other information on events, services, discounts, special promotions, upcoming events or other offers from or on behalf of YaShip. If at any time you wish to stop receiving emails or mailings from YaShip, please send us an email to firstname.lastname@example.org with the phrase "Privacy Opt-out: YaShip Mailings" in the subject line, or write to us at the address provided below, and we will remove you from YaShip’ mailing list. Alternatively, for e-mail communications, you may opt out of receiving such communications by following the unsubscribe instructions set forth at the bottom of most promotional e-mail messages from YaShip.
Information Sharing Disclosure Requests
If you are a California resident, you have the right to request one Notice of Information-Sharing Disclosure per year which will identify the third parties with whom YaShip has shared the Personally Identifiable Information we have collected from you. You may request the Notice of Information-Sharing Disclosure by writing to us at PO Box 879, Stowe VT 05672 or by e-mailing us at DoYaShip@gmail.com. We will respond to your request for a Notice of Information-Sharing Disclosure within 30 days of receiving your request.
by phone: (802)-321-0915
by email: DoYaShip@gmail.com by writing to us at:
PO Box 879
Stowe VT 05672
Last Updated July 20, 2015
Welcome to the website for YaShip. Your use of our website at www.YaShip.com (the "Site") or any of the services offered on or through the Site, including, without limitation, our shipping services (the "Services") is subject to these Terms and Conditions (the "Terms"). As used in these Terms, the terms “you” and “your” refer to the individuals and companies that use the Site and the Services. Your use of the Site and/or your ordering of any Services constitutes your binding acceptance of these Terms, including any modifications made to the Terms. Read these Terms carefully and completely as they set forth your rights and obligations with respect to your use of the Site and the Services. If you do not wish to be bound by the Terms, you may not access or use the Site or use the Services.
Acceptance of the Terms
YaShip is pleased to provide the information on the Site conditioned upon your acceptance, without modification, of the terms, conditions and notices comprising the Terms. The Terms may be updated and modified by us from time to time without notice to you by posting revised Terms on the Site. You can review the most current version of the Terms at any time by clicking on the “Terms and Conditions” link from any page on the Site. We hope that you will find the information provided on the Site informative and useful. Please feel free to e-mail us with your thoughts about the Site or to request more information about YaShip or our Services.
YaShip has the right, but not the obligation, to take any of the following actions without providing any prior notice to you:
change or terminate all or any part of our Services;
restrict or terminate your access to all or any part of our Services; or
refuse, move, or remove any content that is available on the Site and any material that you submit to the Site.
Although YaShip provides a platform through the Site and the Services for arranging and facilitating the shipment of your items, you acknowledge that YaShip utilizes one or more third-party companies to transport those items and that other third parties may be involved in or responsible for picking up and delivering your packages. You acknowledge that you ship your packages using the Services at your sole risk. In the event that your item(s) are damaged or lost during shipment, or do not arrive at the shipping destination within a timely manner due to a failure of YaShip or its third-party shipping company, you may request YaShip’s assistance with submitting any claims or complaints to the shipping company. Upon receiving timely and properly submitted information from you for such a claim or complaint, YaShip may share that information with its third-party business partners that were involved in handling that shipment (such as the shipping company). YaShip and/or its third-party business partners may contact you regarding these issues. YaShip and/or its third-party business partners may conduct a reasonable investigation into your claim, but in no event is YaShip required or obligated to investigate any claims pertaining to lost, damaged or delayed packages. You acknowledge and agree that your request for assistance from YaShip, and/or any reasonable investigation into your claim, does not entitle you to compensation or damages from YaShip, or any action or recourse by YaShip, and that a commercially reasonable investigation is your sole and exclusive remedy. You acknowledge that the Services are also subject to any terms imposed by subcontractors of YaShip and all third-party shipping companies.
Rates and Rate Adjustments
Rates generated on the YaShip website or by a YaShip customer service representative are based upon the information provided at the time of inquiry. Final rates will be based upon actual weights and dimensions of each shipment that is shipped and verified by a third party carrier. A shipment’s dimensions are calculated by the widest point of each side. If the actual weight or dimensions of the shipment exceeds the maximum allowed for the selected item, rates will be adjusted to reflect the next largest category and a $15 adjustment fee will be incurred. If a larger category does not exist, additional charges will be incurred for the weight or dimension exceeding maximum allowed in the largest category.
In the case that the information you entered was inaccurate enough to warrant a rate adjustment by the third-party carrier, fees may be incurred. Any and all additional charges and fees incurred will be charged to the credit card that was used to process the original shipment, without receiving additional authorization from you, our customer.
By using YaShip.com you acknowledge and agree that the final charges applicable to your shipment may not be known by YaShip, or charged to you, until YaShip receives a final invoice from the third-party shipping company (which in some cases may be several weeks following the date of your shipment). We reserve the right to charge your credit card (or other form of payment we have on file) upon our receipt of the final invoice from the third-party shipping company, without obtaining additional authorization from you. These may include but are not limited to: a fee for an unexpected residential delivery, incorrect address information having been entered at the time of the shipment, address correction, or a return to you.
Cancellations and Changes
You may obtain a full refund if you cancel a shipment that has not yet been scanned by the third party provider within 48 hours after the shipment was created by emailing the tracking number and your order number to: email@example.com.
It may take up to 30 days for the refund to appear on your credit card statement. In most cases, YaShip will process the refund within 5 business days. If, for any reason, there are fees involved in cancelling a shipment you will be refunded all but that/those fees (this is usually not the case).
Packaging, Insuring and Secure Delivery of Items
You are solely responsible for the packaging and insuring shipments with YaShip, or ship using the Services. If you desire to have your package locked, you must package it accordingly prior to pick-up. Finally, if you wish to insure your package, you must so indicate at the time of your order. YaShip shall have no liability for damage to, or loss of, packages resulting from poor packaging, failure to lock, failure to acquire insurance, or failure to require signature upon delivery.
You acknowledge and agree that the Services are intended to be used for the shipment of legally shippable items. You further acknowledge that YaShip, and its third-party shipping companies, as well as applicable laws prohibit the shipment of certain goods, as follows (collectively, the “Prohibited Items”):
firearms and ammunition;
drugs, including all illegal narcotics, all drugs prohibited by any jurisdiction through which your package will or may travel, as well as prescription medications;
lottery tickets or gambling devices in violation of the laws of any jurisdiction through which your package will or may travel;
hazardous materials, including, without limitation, hazardous or corrosive materials, explosives, flammable or combustible materials, infectious substances, poisons, dry ice, fireworks, or radioactive materials;
pressurized containers, including, without limitation, aerosol cans and CO2 cartridges;
animal or human remains;
cash, currency, or other negotiable items;
alcohol, or any goods containing alcohol, such as perfume or cologne;
any items that are likely to soil, impair or damage persons, other packages or equipment; or
any item that may, in YaShip’ sole and absolute discretion, violate the terms of any third-party shipping company, or any international, federal, state or local law, treaty, regulation, ordinance, or rule.
YaShip reserves the right to refuse, cancel, or hold any shipment that YaShip determines, in its sole or absolute discretion, violates, or may violate, these restrictions. Furthermore, YaShip reserves the right (on its behalf and its third-party shipping company’s behalf) to inspect any package to confirm compliance with these Terms.
Access to the Site and the Services
YaShip is providing you with the information and functionality in the Site. You are responsible for providing all equipment necessary to establish a connection to the Internet, access to the Internet, and any telephone, wireless or other connection and service fees associated with such access. The Site and the Services are available only to individuals and entities who can form legally-binding contracts under applicable law. Without limiting the foregoing, you must be 13 years of age or older to register for and/or use the Site. If you do not qualify, please do not use the Site. YaShip reserves the right to deny access and/or registration to the Site, or to refuse to provide the Services, to anyone at any time in its sole and absolute discretion.
In consideration of your use of the Site and/or the Services, you agree to be subject to certain obligations. For any personal information (relating to you or your customers) that you provide to us through the Site, you agree to provide true, accurate, current and complete information as prompted and you further agree that you will not use the Site for any purpose that is unlawful or prohibited by the Terms. If you provide any information that is untrue, inaccurate, incomplete or not current, or if YaShip has reasonable grounds to suspect that such information is untrue, inaccurate, incomplete or not current, YaShip has the right to refuse any and all current or future use of the Site (or any portion thereof) or the Services. YaShip shall have no liability for any packages that are lost or stolen as a result of your failure to provide accurate and complete information.
Account and Password Security
In order to use certain features of the Site or applicable Services, you may have to register and create a password-protected account (your "Account"). You agree and acknowledge that you will not allow others to utilize your Account. You are responsible for maintaining the confidentiality of your password and Account, and are fully responsible for all activities that occur under your password and Account. You agree to: (i) immediately notify YaShip of any unauthorized use of your password or Account or any breach of security, and (ii) ensure that you fully exit from your Account at the end of each session (unless you wish to keep your session open, in which case you will remain logged into your Account for a time period determined by YaShip; however, please note that leaving your session open may increase the chance of unauthorized use of your Account). You further agree not to use anyone else's password on the Site or attempt to gain access to the accounts of other members. YaShip cannot and will not be liable for any loss or damage arising from your failure to comply with this provision. YaShip reserves the right (but not the obligation) to terminate your access to your Account at any time without notice for any reason whatsoever.
Use of the Site
In addition to all of the other restrictions contained in these Terms, but without limitation, you will not use the Site to:
engage in commercial activity, including, without limitation, commercial use of the Site or the Services, except for the purpose of arranging or scheduling shipping services for yourself or your customers;
reproduce, copy, display, store, perform, re-post, publish, transmit, distribute, sell, offer for sale, license, modify, create derivative works, or otherwise use any portion of the content offered on the Site for other than your own personal, non-commercial use;
reformat or frame any portion of the web pages that are part of the Site or Services;
create user accounts by automated means or under false, misleading or fraudulent pretenses;
copy or modify the HTML code used to generate web pages on the Site;
use any device, software, or procedure that interferes with the proper working of the Site or Services, or otherwise attempt to interfere with the proper working of the Site or the Services;
take any action that imposes, or may impose in YaShip’ sole discretion, an unreasonable or disproportionately large load on our IT infrastructure;
modify, adapt, translate or reverse engineer any portion of the Site or Services;
transmit or disseminate viruses, corrupted files, or any other similar software or programs that may damage or adversely affect the operation of another's computer, the Site, or any software, hardware or other related equipment;
disrupt or otherwise interfere with the Site or the networks or servers used by YaShip;
impersonate any person or entity or misrepresent your connection or affiliation with a person or entity;
collect or store, or attempt to collect or store, personal information about other Site users; or
engage in illegal activity.
YaShip reserves the right (but not the obligation) to terminate your access to the Site at any time without notice for any reason whatsoever.
Provision of Customer Information
If you are business client of YaShip, you agree that before you provide any of your customers’ personal information to YaShip or enter such information into the Site that you will first obtain permission from your customers to do so. YaShip shall not be responsible or liable for any business client's failure to obtain appropriate consent from its customers before using Site or the Services
Limits on Liability
Hooker Estates, Inc., its respective affiliates and subsidiaries and all of their respective officers, directors, employees, shareholders, members, managers, successors, agents (the “Hooker Estates Parties”), and relevant third parties, including, without limitation, advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors will not be liable for:
Any loss of or damage to any caused by a delay in the shipped items, to the extent such loss, damage or delay is attributable to a third party that (a) provides shipping and/or transport services shipped items; (b) receives shipment of the shipped items from YaShip or its shipping provider; and/or (c) provides, or is responsible for providing, the shipped items to YaShip or its shipping provider for shipment;
Any loss of, or damage to, any personal items left in your box prior to shipping, including, without limitation, jewelry, radar detectors, glasses, mobile phones, or portable media players;
your shipment, or attempted shipment, of any Prohibited Items;
loss or damage to items prior to pick-up by YaShip or its shipping provider or after delivery by YaShip or its shipping provider;
the content of any website not controlled, owned, or operated by YaShip that is accessed from or linked to this Site;
the content, services or information provided by any website purporting to be operated by YaShip, but not actually affiliated with, controlled, owned, or operated by YaShip;
any damages or injury caused by, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure;
the contents of any communication, message, or information posted by you or other third parties; and
any direct, indirect, incidental, special, exemplary, punitive or consequential damages (including loss of use, data or profits, cost of procuring substitute products or business interruption) whether based on contract, warranty, tort (including negligence), strict liability or any other legal theory, arising out of or in connection with these Terms, your access and use of or inability to access or use the Site or the Services, even if YaShip has been advised of the possibility of such damages.
Without limiting the foregoing, in no event shall Hooker Estates Parties total aggregate liability to any user of the Services, including any liability for any damage or loss of any package or item(s), exceed the lesser of the actual value of any items lost or damaged or $500. In the event that any monies are paid by the Hooker Estates Parties to any user, such payment shall be such user’s sole and exclusive remedy.
All offers, invitations, discounts, promotional codes, packages and pricing are subject to change at any time. The information on the Site may contain inaccuracies and typographical errors, including, but not limited to, inaccuracies relating to pricing or availability that are applicable to your transaction. YaShip shall not assume any responsibility or liability for any such inaccuracies, errors or omissions, and shall have no obligation to honor transactions or information affected by such inaccuracies. YaShip reserves the right to make changes, corrections, cancellations and/or improvements to the information on the Site, and to the products and Services described on the Site, at any time without notice, including after confirmation of a transaction.
It is solely your responsibility to evaluate the accuracy, completeness, and usefulness of all opinions, advice, statements, representations, services, and other information provided through the Site. You acknowledge that you may not rely on any content on the Site. YaShip does not endorse or represent the reliability, accuracy or quality of any information, or non-YaShip goods, services or products displayed or advertised on the Site. We make no representations or warranties, express or implied, with respect to the information provided on this Site.
Third Party Websites and Services
Although we hope that you will find the material on this Site informative, the material and links to third-party websites and resources that may be included on the Site are provided for informational purposes only. Providing links to these sites by us should not be interpreted as endorsement or approval by YaShip of the organizations sponsoring these sites or their products or services. We make no representations or warranties, express or implied, with respect to the information provided on this Site or any third-party website or service which may be accessed by a link from this Site, including any representations or warranties as to accuracy or completeness. Because YaShip has no control over third-party websites and resources, you acknowledge and agree that YaShip is not responsible or liable for, and does not endorse, the availability, accuracy, completeness or authenticity of information available through such websites, resources or services, your use or your exchange of any information with such websites or services, or the content, statements, representations, advertising, products, services or other materials on or available from such third-party sites or resources. You further acknowledge and agree that YaShip shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused in connection with your use or reliance on any such content, information, goods, or services available on or through any such site or resource. If you decide to access any such third-party websites, resources or services, or to transact with such third party for their products, properties or services, you do so entirely at your own risk. By leaving this Site, you may be subject to the terms and conditions and the privacy policies of such third party websites.
You acknowledge and agree that content contained in the Site or information presented to you through the Site may be protected by copyright, trademark, or patent law, or other proprietary rights and laws. Except as expressly authorized by YaShip or its affiliates, you agree not to modify, distribute, copy, reproduce or create derivative works based on the proprietary portions of this Site, in whole or in part. You may not reverse engineer, decompile, or disassemble the Site or its underlying technologies, except to the extent the foregoing restriction is expressly prohibited by applicable law. Those portions of the Site owned by YaShip are the copyright of YaShip. All rights reserved. You agree that all of YaShip’ trademarks, trade names, service marks, logos and service names are trademarks and are property of YaShip (the "YaShip Marks"). You agree not to display or use in any manner the YaShip Marks, without the express prior permission of YaShip.
No Reproduction or Resale
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Site, use of the Site, or access to the Site.
You agree to indemnify, defend and hold Hooker Estates, Inc., its respective affiliates and subsidiaries and all of their respective directors, officers, members, managers, employees, agents, successors and relevant third parties including advertisers, distribution partners, referral partners, service providers, licensors, licensees, consultants and contractors (collectively the “YaShip Indemnified Parties”) harmless from and against any claims, demands, liabilities, losses, costs, damages or expenses including reasonable attorneys’ fees and costs, directly or indirectly, arising out of or in any way relating to: (i) your negligence or misconduct; (ii) your information or any other materials contributed to or submitted through the Site or the Services, including without limitation information associated with your account; (iii) your conduct, including your use of the Site and Services; (iv) your connection to the Site; (v) any violation or breach of these Terms; (vi) your violation or infringement of any intellectual property, privacy, publicity, confidentiality, proprietary or other rights of any person or entity; or (vii) your shipment, or attempted shipment, of Prohibited Items (collectively, the “Claims”). You are solely responsible for defending any such Claims, and for payment of losses, costs, damages or expenses resulting from the foregoing to both a third party and to the YaShip Indemnified Parties. YaShip shall have the right, in its sole discretion, to select its own legal counsel to defend the YaShip Indemnified Parties from any Claims (but by doing so shall not excuse your indemnity obligations) and you shall be solely responsible for the payment of all of YaShip’ reasonable attorneys’ fees incurred in connection therewith. You shall notify YaShip immediately if you become aware of any actual or potential claims, suits, actions, allegations or charges that could affect your or YaShip’ ability to fully perform their respective duties or to exercise its rights under these Terms. You shall not, without the prior written approval of YaShip, settle, dispose or enter into any proposed settlement or resolution of any Claim (whether having been finally adjudicated or otherwise) brought against you, if such settlement or resolution results in any obligation or liability for any of the YaShip Indemnified Parties.
YaShip does not assume responsibility to you or others for any failure by YaShip to enforce the provisions contained in the Terms.
You agree that YaShip, in our sole discretion and with or without notice, may terminate your use of the Site (or any part thereof), or the Services, for any reason, including, without limitation, for lack of use or if YaShip believes that you have violated or acted inconsistently with the letter or spirit of the Terms. YaShip may also in its sole discretion and at any time discontinue providing the Site, or any part thereof, or the Services, with or without notice. You agree that any termination of your access to the Site or the Services under any provision of the Terms may be effected without prior notice, and acknowledge and agree that YaShip may immediately bar any further access to the Site or the Services. Further, you agree that YaShip shall not be liable to you or any third party for any termination of your access to the Site or the Services.
You acknowledge that YaShip may establish general practices and limits concerning your use of the Site. You agree that YaShip has no responsibility or liability for the failure of the Site and the deletion of other content maintained or transmitted by the Site. YaShip reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site (or any part thereof) or the Services with or without notice. You agree that YaShip shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or the Services. You further acknowledge that YaShip reserves the right to change these general practices and limits at any time, in our sole discretion, with or without notice.
Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT
YOUR USE OF THE SITE AND THE SERVICES IS AT YOUR SOLE RISK. THE SITE AND INFORMATION AND MATERIAL IN THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITH RESPECT TO THE SITE, THE INFORMATION AND MATERIALS ON THE SITE, AND THE SERVICES YASHIP EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OR THAT THE SITE WILL BE WITHOUT ERROR OR INVULNERABLE TO VIRUSES, WORMS, OR OTHER HARMFUL SOFTWARE OR HARDWARE. YOU HEREBY ACKNOWLEDGE THAT THE SITE OR THE SERVICES MAY NOT BE AVAILABLE DUE TO ANY NUMBER OF FACTORS INCLUDING, WITHOUT LIMITATION, PERIODIC SYSTEM MAINTENANCE, SCHEDULED OR UNSCHEDULED, ACTS OF GOD, UNAUTHORIZED ACCESS, VIRUSES, DENIAL OF SERVICE OR OTHER ATTACKS, TECHNICAL FAILURE OF THE SITE, TELECOMMUNICATIONS INFRASTRUCTURE, OR DISRUPTION, AND THEREFORE YASHIP EXPRESSLY DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTY REGARDING SITE USE AND/OR AVAILABILITY, ACCESSIBILITY, SECURITY OR PERFORMANCE CAUSED BY SUCH FACTORS.
YASHIP MAKES NO WARRANTY THAT (i) THE SITE AND INFORMATION AND MATERIAL THEREIN WILL MEET YOUR REQUIREMENTS, (ii) THE FUNCTIONS CONTAINED IN THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE OR INFORMATION AND MATERIALS THEREIN WILL BE ACCURATE, RELIABLE, OR AVAILABLE, (iv) ANY ERRORS IN THE SITE OR INFORMATION OR MATERIALS THEREIN WILL BE CORRECTED, AND (v) THE SITE AND ITS CONTENTS AND SERVER THAT MAKES THE SITE AVAILABLE ARE FREE OF ANY VIRUSES OR OTHER HARMFUL COMPONENTS.
ANY MATERIAL, INFORMATION, PRODUCTS OR SERVICES DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM YASHIP OR THROUGH OR FROM THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE AGREEMENT.
YASHIP EXPRESSLY DISCLAIMS, AND MAKES NO WARRANTY REGARDING, THE SERVICES PROVIDED BY ITS THIRD PARTY SHIPPING COMPANIES.
EXCLUSIONS AND LIMITATIONS. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Exclusions and Limitations
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
YaShip shall not be liable for any delay in performing, or failure to perform its obligations under this Agreement, resulting from any cause beyond its reasonable control, including, without limitation, acts of God, fire, extreme temperatures, high winds, lightning, strikes, energy interruptions, labor disputes, natural disaster, fire, flood, storm, slide, earthquake, epidemics, power failure, inability to obtain equipment, supplies or other facilities, labor disputes, terrorism, criminal activity, governmental demands or requirements, inclement weather, war, declared or undeclared, or the acts of government (each, a "Force Majeure Event"). If affected by a Force Majeure Event, YaShip shall be excused from performance to the extent made necessary by such event.
You and YaShip agree that the Terms and the relationship between you and YaShip shall be governed by and construed in accordance with the laws of the State of Vermont without regard to its conflict of laws analysis. You and YaShip hereby irrevocably and unconditionally submit to the jurisdiction of courts located within the county of Lamoille, VT or the United States District Court in Burlington, VT for the for purposes of all legal proceedings arising out of or relating to the Terms and agree not to commence any legal proceedings related thereto except in such court. You and YaShip irrevocably waive, to the fullest extent permitted by law, any objection that you/it may now or hereafter have to the laying of the venue of any proceeding brought in any such court or any claim that a legal proceeding commenced in such court has been brought in an inconvenient forum.
YaShip’ failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision unless acknowledged and agreed to by YaShip in writing.
If any provision of these Terms is held to be illegal, invalid or unenforceable under any present or future laws, such provision shall be fully severable, and the remaining provisions shall constitute the parties’ agreement.
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to the Terms or use of the Site must be filed within two (2) years after such claim or cause of action arose or be forever barred.
The section headings and sub-headings contained in the Terms are for convenience only and have no legal or contractual effect.