TERMS OF USE

YALIVTA (“Yalivta”), AS A CONVENIENCE TO YOU, GRANTS YOU ACCESS TO ITS WEBSITES, ACCESSIBLE VIA WWW.YALIVTA.COM AND ITS SUBDOMAINS (COLLECTIVELY, THE "SITES"), CONDITIONED ON YOUR ACCEPTANCE OF THE TERMS, CONDITIONS AND NOTICES CONTAINED HEREIN (THESE "TERMS OF USE"). FOR THE PURPOSES OF THESE TERMS OF USE, "CONTENT" MEANS, COLLECTIVELY, ANY TEXT, IMAGES, GRAPHICS, SOFTWARE, SOURCE CODE, APPLICATIONS, SPECIFICATIONS, AUDIO FILES, VIDEOS, ARTICLES, TRADEMARKS, LOGOS AND OTHER INFORMATION OR CONTENT AVAILABLE THROUGH THE SITES THAT ARE NOT SUBMISSIONS (AS THAT TERM IS DEFINED BELOW), INCLUDING BUT NOT LIMITED TO THE DESIGN, STRUCTURE, SELECTION, COORDINATION, EXPRESSION, “LOOK AND FEEL” AND ARRANGEMENT OF SUCH CONTENT.

1. Acceptance of Terms.

PLEASE READ THESE TERMS OF USE AND YALIVTA'S PRIVACY POLICY CAREFULLY. BY USING THE SITES, YOU AGREE TO THESE TERMS OF USE, AND YOU CONSENT TO THE COLLECTION, USE AND DISCLOSURE OF INFORMATION AS DESCRIBED IN THESE TERMS OF USE AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO THESE TERMS OF USE AND THE TERMS AND CONDITIONS OF OUR PRIVACY POLICY, YOU MUST EXIT THE SITE IMMEDIATELY AND DISCONTINUE ANY USE OF THE SITES AND ANY OF THEIR CONTENT. YOUR USE OF THE SITES SHALL BE DEEMED TO BE YOUR AGREEMENT TO ABIDE BY EACH OF THE TERMS SET FORTH BELOW. YALIVTA CAN CHANGE THESE TERMS AT ANY TIME BY POSTING UPDATED TERMS OF USE ON THE SITES OR BY SENDING REGISTERED USERS AN EMAIL NOTICE OF THE CHANGES. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOU SHALL CEASE USING THE SITES. IF YOU DO NOT CEASE USING THESE SITES, YOU WILL BE DEEMED TO HAVE ACCEPTED THE CHANGE. These Terms of Use do not alter in any way the terms or conditions of any other agreement you may have with Yalivta or its affiliates for other products or services.

You are also subject to the Yalivta Privacy Policy.

These Terms of Use were updated as of June 22, 2015.

2. Use and Restrictions.

The Sites may be accessed and used only by individuals who can form legally binding contracts under applicable laws, and who are not barred from using the Sites under applicable laws.

Yalivta recognizes the privacy interests of children and Yalivta encourages parents and guardians to take an active role in their children’s online activities and interests. The website is not intended for children under the age of 13.  Yalivta does not target its services or the website to children under 13.  Yalivta does not knowingly collect personal information from children under the age of 13. You agree not to upload any information or images of any person under the age of 13 years old.

IF YOU ARE UNDER THE AGE OF MAJORITY (which is 18 years old in Canada), then your parent or guardian must consent to you using the Sites, and your parent or guardian may be liable for some or all of your activities on the Sites. Because of this, and because Yalivta encourages parents and guardians to be aware of your online activities and interests, you should make your parent or guardian aware that you are using the Sites – as this User Agreement and your use of the Sites affect their legal rights and obligations.

The Sites are provided solely as a convenience to you for non-commercial use. You may access and use the Sites only in accordance with all applicable laws and regulations and with these Terms of Use. You acknowledge and agree that Yalivta, in its sole discretion and without notice or any further obligation to you, may temporarily suspend or permanently discontinue and refuse any and all current and future, access to or use of the Sites. You further agree that you will not: (a) resell for commercial purposes products purchased through use of the Sites; (b) resell or make commercial use of the Sites or Content therein; (c) modify, distribute, transmit, display, perform, reproduce, publish, license, create derivative works of, transfer, or sell any Content; (d) collect or use any product listings or descriptions; (e) use any data mining, robots, or similar data gathering and extraction methods from the Sites; (f) other than for your use of the Sites as expressly permitted in these Terms of Use, access or attempt to access any systems or servers on which the Sites are hosted or modify or alter the Sites in any way; (g) forge headers, create a false identity or otherwise manipulate identifiers in order to deceive others or disguise the origin of any Content or other information transmitted to or via the Sites; (h) use, frame or utilize framing techniques to enclose any Yalivta trademark, logo or other proprietary information (including the images found at the Sites, the content of any text or the layout/design of any page or form contained on a page) without Yalivta’s express written consent; or (i) use any meta tags or any other “hidden text” utilizing a Yalivta name, trademark, or product name without Yalivta’s express written consent.

Any unauthorized use of the Sites will terminate the permission or license granted by these Terms of Use, will result in you being barred from use of the Sites, and may violate applicable law including copyright laws, trademark laws (including trade dress), and communications regulations and statutes.

3. Copyright

The Content and the Sites, as well as the selection and arrangement thereof, are the sole property of Yalivta and/or its licensors and are protected by patent, copyright, trademark and other intellectual property laws and may not be used except in accordance with these Terms of Use or with Yalivta’s express written consent. Other than as necessary for your use of the Sites in accordance with these Terms of Use, Yalivta grants no other privileges or rights in the Content to you, and you must keep intact all patent, copyright, trademark and other proprietary notices on the Content. Any Content owned by Yalivta's licensors might be subject to additional restrictions. Except as expressly provided in these Terms of Use, no part of the Sites and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way to any other computer, server, Web site or other medium for publication or distribution or for any commercial enterprise, without Yalivta’s express prior written consent.

4. Trademark

All trademarks, service marks, trade names, logos and trade dress, whether registered or unregistered that appear on the Sites (collectively the "Marks") are proprietary to Yalivta or such Marks' respective owners. You may not display or reproduce the Marks other than with the prior written consent of Yalivta, and you may not remove or otherwise modify any trademark notices from any Content. The Marks are protected by trademark, trade dress, copyright, and various other intellectual property rights and unfair competition laws.

In addition, all visual design and navigational features of the Sites including page headers, custom graphics, button icons, and scripts are trademarks, service marks, trade names and/or trade dress of Yalivta or their respective owners, and may not be copied, imitated, or used, in whole or in part, without the prior written permission of Yalivta.

The trade-mark YALIVTA is the proprietary trade-mark of Yalivta, or is used under license by Yalivta and is registered or pending registration at the Canadian Intellectual Property Office, U.S. Patent and Trademark Office, and in various other jurisdictions around the world.

5. Your Account

In order to purchase products or services through the use of the Sites, you must establish an account with Yalivta. You are solely responsible for (i) maintaining the security and confidentiality of your account and your account password; (ii) restricting access to your computer and your account; and (iii) keeping your email address listed on your account current. You are solely responsible and liable for all activities, including, without limitation, all purchases of products and services through the use of the Sites that occur under your account or your account password.

You acknowledge and agree that Yalivta may access, preserve, and disclose your account information, all Submissions (as defined below), all communications to and from you, all information relating to your use of the Sites, and all information relating to the use of the Sites under your account or account password if Yalivta is required to do so by law or legal process or if Yalivta determines, in its sole discretion, that such action is necessary to protect the rights of Yalivta, third parties, and other users of the Sites or for purposes of responding to your request for customer service.  Yalivta’s right to disclose any such information shall govern over any terms of our Privacy Policy.

6. Terms of Sale

All product sales from the Sites are governed by any terms of sale that may be posted on the Sites. You should refer to our terms of sale to learn more about applicable product warranties, our return policy, and shipping terms. By ordering and/or accepting delivery of the products, you agree to be bound by these terms of sale. The terms of sale are subject to change without prior notice at any time, in Yalivta’s sole discretion so you should review the terms of sale each time you make a purchase. Risk of loss and title for the products purchased from the Sites passes to you upon delivery of the products to the carrier. Additional information may be found in our FAQ and online shopping sections of the Sites.

Orders placed on the Canadian website can only be shipped within Canada. If you would like to ship an order to the United States or outside of North America, you may only do so by ordering from the US/International website. Shipments outside of the US will be subject to import duties and taxes, which are the responsibility of the recipient. Please be aware that shipping charges do not include international taxes or duties and, depending on local rules, you may be required to pay local taxes and duties to release your order from customs on arrival. Contact the customs office in the destination country for information about any applicable duties or taxes. If an order is placed on shop.yalivta.com and then refused, you will be responsible for the original shipping costs, as well as any duties, taxes and/or customs charges that were incurred in shipping the package. These amounts will be subtracted from your merchandise refund.

7. Electronic Communications

You consent to receive electronic communications from Yalivta either in the form of email sent to you at the email address listed on your account or by communications posted on the Sites. You acknowledge and agree that any electronic communication in the form of such email or posting on the Sites shall satisfy any legal requirement that such communication be in writing.

8. Submissions

You acknowledge that you are responsible for the information, profiles, goals, opinions, messages, comments, photos, videos and any other content or material that you submit, upload, post or otherwise make available on or through the Sites (each a "Submission") and through the services available in connection with the Sites, and that you, and not Yalivta, have full responsibility for each such Submission you make, including its legality, reliability, appropriateness, and trademark, copyright and other intellectual property ownership. Unless otherwise explicitly stated herein or in the Yalivta Privacy Policy, you agree that any Submission provided by you in connection with the Sites is provided on a non-proprietary and non-confidential basis. You agree that Yalivta is free to use a Submission for the purpose of providing you and others with use of the Sites and their functionality and providing you with the associated products and services, and you grant Yalivta a sub licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) link to, utilize, use, publicly perform, publicly display, reproduce, distribute, edit, adapt, modify and prepare derivative works of the Submission. In addition, to the extent any Submission contains your or any other person’s name, likeness, voice or biographical information (“Personal Rights”), you hereby grant and will cause such other person to grant to Yalivta a sub licensable, transferable, perpetual, nonexclusive, worldwide, royalty-free license to (in any media, whether now known or not currently known or invented) exploit or use such Personal Rights for any advertising or marketing of Yalivta or Yalivta products and services (in any media, whether now known or not currently known or invented). Submissions shall be considered non-confidential and Yalivta is under no obligation to treat such Submissions as proprietary information except pursuant to Yalivta's Privacy Policy applicable to personally identifiable information.

You further agree that you will not upload, post or otherwise make available on the Sites any material protected by copyright, trademark, patent, trade secret or any other proprietary right without the express permission of the owner of such copyright, trademark, patent, trade secret or other proprietary right owned by a third party, and the burden of determining whether any material is protected by any such right is on you. You shall be solely liable for damage resulting from your account, or any infringement of copyrights, trademarks, patents, or other proprietary rights, or any violations of rights of privacy or publicity, or any other harm resulting from any Submission that you make.

You represent and warrant that: (i) you own all Submissions posted by you on or through the Sites or otherwise have the right to grant the licenses to Yalivta set forth in this section, and (ii) your Submission is accurate and not misleading and (iii) the posting of your Submissions on or through the Sites does not violate the privacy rights, publicity rights, personality rights, patent rights, trade-secrets, trademark rights, copyrights, contract rights or any other rights of any person or entity or violate any applicable law, rule, regulation or order. You agree to pay for all royalties, fees, damages and any other monies owing any person by reason of any Submissions posted by you to or through the Sites. When submitting Submissions to or otherwise using the Sites and/or the services, you agree not to, without limitation:

Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.

Use racially, ethnically, or otherwise offensive language.

Discuss or incite illegal activity.

Use explicit/obscene language or solicit/post sexually explicit images (actual or simulated).

Post anything that exploits children or minors or that depicts cruelty to animals.

Post any copyrighted or trademarked materials without the express permission from the owner of such copyright or trademark.

Post any person’s name, likeness, voice or biographical information without the express permission from such person (or if that person is a minor, from that person’s parent or legal guardian).

Disseminate any unsolicited or unauthorized advertising, promotional materials, 'junk mail', 'spam', 'chain letters', 'pyramid schemes', or any other form of such solicitation.

Use any robot, spider, scraper or other automated means to access the Sites.

Take any action that imposes an unreasonable or disproportionately large load on our infrastructure.

Alter the opinions, goals, profiles or comments posted by others on the Sites.

This list of prohibitions provides examples and is not complete or exclusive. Yalivta reserves the right in its sole discretion to (a) terminate your access to your account; (b) terminate your ability to post to the Sites (or the services) and (c) refuse, delete, modify, edit or remove any Submissions; with or without cause and with or without notice, for any reason or no reason, or for any action that Yalivta determines is inappropriate or disruptive to this Sites or to any other user of the Sites and/or services. Yalivta may report to law enforcement authorities any actions that may be illegal, and any reports it receives of such conduct. When legally required or at Yalivta's discretion, Yalivta will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Sites or on the Internet.

Yalivta takes no responsibility and assumes no liability for any Submissions posted or uploaded by you or any third party, or for any mistakes, defamation, slander, libel, omissions, falsehoods, obscenity, pornography or profanity you may encounter. As a provider of interactive services, Yalivta is only a forum and is not liable for any statements, representations, or Submissions provided by its users in any public forum or personal home page.

These prohibitions do not require Yalivta to monitor, police or remove any Submissions or other information submitted by you or any other user.

9. Feedback / Idea Submission

If you submit any feedback or ideas about our products and services, suggestions for new products or improvements to products, designs, data, analysis, concepts, sketches, models, plans, expressions of ideas, or any other materials (collectively an “Idea”) to the Sites, you hereby assign and agree to assign to Yalivta all right, title and interest in and to the Idea. You hereby irrevocably assign and transfer to Yalivta all rights in and derived from the Submissions or Idea that you may have including without limitation, all ownership of and rights to use, sell and commercialize intellectual property including but not limited to inventions, patents, trade-secrets and copyright, throughout the world, the right to file applications for registration of such rights, and the assignment and transfer of any accrued causes of action related thereto.

In addition to the assignment above, you grant to Yalivta and its assignees a perpetual, irrevocable, exclusive fully-paid up and royalty-free license to use any Ideas, expression of Ideas or other materials you submit to Yalivta without restrictions of any kind and without any payment or other consideration of any kind, or permission or notification, to you or any third party. The license shall include, without limitation, the irrevocable right to use, manufacture, reproduce, prepare derivative works, combine with other works, alter, translate, distribute copies, display, perform, and license the Idea, and all rights therein, in the sole name of Yalivta or its designees throughout the universe in perpetuity in any and all media or form now or hereafter known. In return for Yalivta permitting you to use the Sites and Yalivta’s review and consideration of your Idea, you further agree that the terms below shall apply to any Submissions or Idea and to any additional material previously or later submitted, until such time as Yalivta otherwise agrees in writing:

To the best of your knowledge, the Idea represents your own original work, you have all necessary rights to disclose the Idea to Yalivta and in doing so for Yalivta’s review and/or use of the Idea, will not infringe upon any other individual’s or entity’s rights.

You understand that disclosure of your Idea to Yalivta does not establish a relationship or obligate Yalivta to treat the Idea (or any related materials) as secret or confidential.

You understand that Yalivta has no obligation, either expressly or implied, to develop or use your Idea and that no compensation is due to you or anyone else for any inadvertent or intentional use of that Idea, related Ideas or Ideas derived from your Idea. You understand that Yalivta assumes no obligation with respect to any Idea.

Yalivta will give your Idea such consideration as is warranted by its sole judgment. Yalivta’s review of your Idea shall not be construed as any recognition of the novelty or originality of the Idea. Yalivta is not obligated to give reasons for rejecting your Idea or to reveal Yalivta’s activities that are related to the subject matter of the submitted Idea.

Any discussion between Yalivta and you relating to the Idea, shall not prejudice Yalivta in any way, or be construed as recognition of the novelty, originality, priority, other rights or value of the submitted Idea. Further, Yalivta’s consideration or its discussions with you will not in any way impair Yalivta’s right to contest the validity or infringement of your rights.

You acknowledge and declare that (a) you have read and fully understand these terms and appreciate the nature, extent and consequences of this Agreement, (b) the submission of your Idea to Yalivta is entirely voluntary and non-confidential, and (c) Yalivta, directly or indirectly, may (i) be working on the same Idea or a similar Idea to the Idea, or (ii) already know of such Idea from other sources, or (iii) simply wish to develop this Idea or as similar to the Idea on its own.

You agree that, except to the extent that these terms are superseded by a separate agreement in writing by you and Yalivta, you hereby irrevocably release and forever discharge Yalivta and its affiliates and subsidiaries from any and all actions, causes of actions, claims, damages, liabilities and demands, whether absolute or contingent and of any nature whatsoever, which you now have or hereafter can, shall or may have against Yalivta and its affiliates and subsidiaries or their respecting successors and assigns with respect to the Submissions or Idea, including, without limitation, in respect of how Yalivta and its affiliates and subsidiaries, directly or indirectly, use the Submissions or Idea.

10. Modifications

Any Content offered or posted on the Sites is subject to modification or discontinuation at any time and from time to time without notice or obligation to you. Without limiting the foregoing, Yalivta reserves the right, in its sole discretion, to charge fees for the use or purchase of, or access to, any products, services or Content offered through the Sites, at any time and from time to time.

11. Indemnification

You agree to defend, indemnify and hold harmless Yalivta, its affiliates and their respective directors, officers, employees and agents against any losses, liabilities, claims, expenses (including attorney’s fees) arising out of your account, your use of the Site, and your Ideas, Submissions and any Personal Rights contained therein.

12. Links to Third Party Websites

The Sites may contain links to websites and other resources operated by third parties other than Yalivta. Such links are provided solely as a convenience to you. Yalivta does not control such websites, and is not responsible for the content, products, services or information offered by any third parties. The inclusion of links to such websites on the Sites does not imply any endorsement of any website or the content, products or services offered, advertised, endorsed or promoted by any third party, or of any company or person. If you decide to access any third party websites or acquire any third party products or services, you do so entirely at your own risk, and you may be subject to the terms and conditions and the privacy policies imposed by such third parties.

13. Warranties and Disclaimer

THE SITE, SUBMISSIONS AND ANY CONTENT PROVIDED VIA THE SITE, INCLUDING LINKS, ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITH NO WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IVIVVA DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, WITH RESPECT TO THE SITE, SUBMISSIONS, THE CONTENT AND ANY PRODUCTS OR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OR CONDITIONS OF MERCHANTABLE QUALITY, MERCHANTABILITY, DURABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FREEDOM FROM ERRORS, OMISSIONS, COMPUTER VIRUSES OR OTHER MALICIOUS OR UNAUTHORIZED CODE OR PROGRAMS, AND IMPLIED WARRANTIES OR CONDITIONS ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE. IN ADDITION, YALIVTA DOES NOT REPRESENT OR WARRANT THAT THE SITE, SUBMISSIONS, CONTENT OR ANY PRODUCTS, SERVICES OR ANY OTHER INFORMATION ACCESSIBLE VIA THE SITE IS SECURE, ACCURATE, COMPLETE OR CURRENT OR THAT ANY PARTICULAR PRODUCTS OR INVENTORY WILL BE AVAILABLE AT ANY PARTICULAR STORE. AS A CONDITION OF YOUR USE OF THE SITE, YOU WARRANT TO YALIVTA THAT YOU WILL NOT USE THE SITES FOR ANY PURPOSE THAT IS UNLAWFUL OR PROHIBITED BY THESE TERMS OF USE.

IN ADDITION, THE SITES MAY CONTAIN TYPOGRAPHICAL ERRORS OR INACCURACIES AND MAY NOT BE COMPLETE OR CURRENT. YALIVTA THEREFORE RESERVES THE RIGHT TO CORRECT ANY ERRORS, INACCURACIES OR OMISSIONS (INCLUDING AFTER AN ORDER HAS BEEN SUBMITTED) AND TO CHANGE OR UPDATE INFORMATION AT ANY TIME WITHOUT PRIOR NOTICE. PLEASE NOTE THAT SUCH ERRORS, INACCURACIES OR OMISSIONS MAY RELATE TO PRICING AND AVAILABILITY, AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, YALIVTA RESERVES THE RIGHT TO CANCEL OR REFUSE TO ACCEPT ANY ORDER PLACED BASED ON INCORRECT PRICING OR AVAILABILITY INFORMATION. WE APOLOGIZE FOR ANY INCONVENIENCE.

14. Limitation of Liability

YALIVTA AND ITS PARENT, AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, LICENSORS AND THIRD PARTY PARTNERS WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY, MULTIPLIED OR CONSEQUENTIAL DAMAGES, LOST PROFITS OR REVENUES OR FAILURE TO REALIZE EXPECTED SAVINGS, OR ANY DAMAGES WHATSOEVER, WHETHER OR NOT SUCH PARTY HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER THEORY, INCLUDING, WITHOUT LIMITATION, ARISING OUT OF OR IN CONNECTION WITH ANY LOSS OR OTHER DAMAGES IN CONNECTION WITH ANY UNAVAILABILITY OR NONPERFORMANCE OF THE SITE, ERRORS, OMISSIONS, VIRUSES AND MALICIOUS CODE. THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.

Certain laws do not allow limitations on implied warranties or conditions, or the exclusion or limitation of certain damages. If these laws apply, some or all of the above disclaimers, exclusions, or limitations, may not apply to you, and you may have additional rights to those contained herein.

15. Copyright and Trademark Infringements

Notification:

Yalivta respects the intellectual property rights of others, and we ask you to do the same. Yalivta may, in appropriate circumstances and at our discretion, terminate service and/or access to the Sites for users who infringe the intellectual property rights of others. If you believe that your work is the subject of copyright infringement and/or trademark infringement and appears on our Sites, please provide Yalivta’s designated agent the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. §512 (“DMCA”):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Identification of the copyrighted and/or trademarked work claimed to have been infringed, or, if multiple works at a single online site are covered by a single notification, a representative list of such works at that site.

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled at the Sites, and information reasonably sufficient to permit Yalivta to locate the material. (This usually means providing us with a link to the specific URL of the sub-page with the material, along with a detailed description of the location of the material on that subpage.)

Information reasonably sufficient to permit Yalivta to contact you as the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted.

A statement is required that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright and/or trademark owner, its agent, or the law.

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Yalivta's agent for notice of claims of copyright or trademark infringement on the Sites can be reached as follows:

By mail:
Attention: Brand Protection
400 – 1818 Cornwall Ave
Vancouver, BC
V6J 1C7
Canada

Please also note that for copyright infringements under Section 512(f) of the U.S. Copyright Act, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.

16. Governing Law

All litigation, court proceedings, arbitration proceedings, mediation proceedings, lawsuits, court hearings and other hearings or actions initiated in connection with the Sites and/or the Content must and will be venued exclusively in Oakville, ON, Canada. These Terms of Use and the relationship between you and Yalivta will be governed by the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, without giving effect to principles of conflict of laws of any jurisdiction. The International Sale of Goods Act of Ontario and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Use or to the transactions contemplated by these Terms of Use.

17. Miscellaneous

If any provision of these Terms of Use is held to be invalid, illegal or unenforceable in any respect under any applicable law or rule in any jurisdiction, such invalidity, illegality or unenforceability will not affect the effectiveness or validity of any provision in any other jurisdiction, and these Terms of Use will be reformed, construed and enforced in such jurisdiction as if such provision had never been contained herein. Any headings or titles herein are for convenience only. The official language of these Terms of Use exclusively shall be, and all communications and agreements between Yalivta and you and any proceedings in connection with these Terms of Use and/or your use of the Sites, exclusively shall be made in, the English language. Yalivta and you waive any rights we may have under any other law to have these Terms of Use written in another language, and any translation of this Terms of Use will be for convenience only. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Yalivta as a result of these Terms of Use, our Privacy Policy or any use of the Sites. Yalivta's performance of these Terms of Use is subject to existing laws and legal process, and nothing contained in these Terms of Use or our Privacy Policy is in derogation of Yalivta’s right to comply with law enforcement requests or requirements relating to your use of the Sites or information provided to or gathered by Yalivta with respect to such use. These Terms of Use and our Privacy Policy constitute the entire agreement between you and Yalivta with respect to the Sites, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Yalivta with respect to the Sites.

18. Gift Cards Terms and Conditions

Compliance with Laws

By purchasing a gift card (“Gift Card”) offered by Yalivta, you are certifying and representing to Yalivta that the activities in connection with which the Gift Cards will be used will comply with these terms and conditions and the terms and conditions found on the back of the Gift Card, (collectively the “Gift Card Terms and Conditions”), all applicable laws, rules and regulations, and that the Gift Cards will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to guests. In addition, you agree to defend and indemnify Yalivta and its subsidiaries and affiliates from and against any claims, expenses or liabilities made against or incurred by any of them in connection with your use of the Gift Cards or violation of the Gift Card Terms and Conditions. You agree to release Yalivta from and against any and all claims, expenses or liabilities you have or may have against or incurred in connection with your use of the Gift Cards or violation of any of the Gift Card Terms and Conditions.

Redemption

Gift Cards are only redeemable for purchases at Yalivta retail online at www.yalivta.com. The Gift Card balance will be reduced by the amount of each purchase. If a purchase exceeds the balance, the difference must be paid with cash or other payment method accepted by Yalivta.

Balance Inquiries:

For balance inquiries please contact us.

Returns:

All returns for purchases made with a Yalivta Gift Card will result in credit to a Gift Card or issuance of a new Gift Card in the amount of the return.

Our Policies:

Gift Cards cannot be returned, resold, transferred for value, redeemed for cash or applied to any other account, except to the extent required by law. Gift Cards cannot be replaced or be redeemed for cash, except where the balance is less than $10 (or its equivalent in local currency) or as otherwise required by law. Gift Cards can only be sold in any amount over $10.00 to a maximum of $1000. Gift Cards never expire or accrue fees. Guests are advised to read the Gift Card Terms and Conditions carefully.

Risk of Loss:

The risk of loss and title for Gift Cards pass to the purchaser upon sale. Gift Cards are like cash. We are not responsible if a Gift Card is lost, stolen, destroyed or used without your permission. We cannot trace them or refund them.

Fraud:

Yalivta will have the right to close guest accounts and request alternative forms of payment if Yalivta believes such Gift Card has been fraudulently obtained.

Not for promotional use

Yalivta Gift Cards may be used as personal or business gifts, but may not be used in connection with any marketing, advertising or other promotional activities (including without limitation via Web sites, Internet advertisements, email, telemarketing, direct mail, newspaper and magazine advertisements, and radio and television broadcasts.)

Use of Yalivta’s name, logo, trade dress (including any image/likeness of the cards) or trademarks (or those of any of its subsidiaries or affiliates) in connection with the purchase or use of Yalivta Gift Cards is strictly prohibited. Furthermore, the use of Yalivta Gift Cards in any manner that states or implies that any person, Website, business, product or service is endorsed or sponsored by, or otherwise affiliated with Yalivta or any of its subsidiaries or affiliates is prohibited.

Limitation of Liability:

YALIVTA MAKES NO WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO GIFT CARDS, INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. IN THE EVENT A GIFT CARD CODE IS NON-FUNCTIONAL, YOUR SOLE REMEDY, AND OUR SOLE LIABILITY, SHALL BE THE REPLACEMENT OF SUCH GIFT CARD. CERTAIN LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU.

Disputes:

Any dispute relating in any way Gift Cards in which the aggregate total claim for relief sought on behalf of one or more parties shall be adjudicated in the province of Ontario and the federal laws of Canada and you consent to exclusive jurisdiction and venue in such courts.

General Terms:

When you purchase, receive or redeem a Yalivta Gift Card, you agree that the laws of the province of Ontario and the federal laws of Canada, without regard to principles of conflict of laws, will govern these Gift Card Terms and Conditions. Yalivta reserves the right to change the Gift Card Terms and Conditions from time to time in its discretion. All Gift Card Terms and Conditions are applicable to the extent permitted by law.

19. Questions or Concerns

If you have any concerns about material which appears on this Website, please contact us by emailing us at: info@yalivta.com or by writing to us at:

Yalivta
2751 Coventry Rd.
Oakville, Ontario
L6H 5V9
Canada