Terms & Conditions

Terms

Welcome to the website of Yes LMS LLC (collectively the “Company”, “Yes LMS” “website” “site” “we” or “us”). Yes LMS is the owner of certain proprietary web based cloud application Learning Management Software (the “Services”).

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Service”), govern your (“Your” “You” or  “User”) access to and use of this website (the “Website”) and use of the Services.

Please read the Terms of Service carefully before you start to use the Website or Services. By using the Website or Services, you accept and agree to be bound and abide by these Terms of Service and our Privacy Policy incorporated herein by reference (“Privacy Policy“) available atYesLMS.com. If you do not want to agree to these Terms of Service or the Privacy Policy, you must not access or use the Website or Services.

This Website  and Services are offered and available to users who are 18 years old or older. By using this Website or Services you represent and warrant that you    are of legal age to form a binding contract with the Company. If you are not 18 years old or older, you must not access or use the Website or Services.

ARBITRATION NOTICE AND CLASS ACTION WAIVER: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION  SECTION BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND US WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION AND YOU WAIVE YOUR RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS.

Be advised that Yes LMS, including its employees are not offering or providing any financial or legal advice on its website or through its Services.

CERTAIN USE LIMITATIONS

The Company grants you a non-exclusive, non-transferable, limited permission to access and display the Web pages within this site as a user, customer or potential customer of the Services provided you comply with these Terms  of Use, and all copyright, trademark, and other proprietary notices remain intact. You  may only      use a crawler to crawl this Web site as permitted by this Web site’s robots.txt protocol, and the Company may block any crawlers in its sole discretion. The use authorized under this agreement is non-commercial in nature (e.g., you may not sell the content you access on or through this Web site.) All other use of this site is prohibited. All rights not expressly granted herein are reserved.

You may not copy, modify, distribute, sell, or lease any part of our Services, nor may you  reverse engineer or attempt to extract the source code of that software,  unless applicable laws prohibit these restrictions or you have our written permission to do so.

Except for the limited permission in the preceding paragraphs, the Company does not grant you any express or implied rights or licenses under any patents,  trademarks, copyrights, or other proprietary or intellectual property rights. You may not mirror any of the content from this site on another Website or in any other media. Any software and other materials that are made available for downloading, access, or other use from this site with their own license terms will be governed by such terms, conditions, and notices. Your  failure to comply with such terms or  any of the terms on this site will result in automatic termination of any rights granted to you, without prior     notice, and you must immediately destroy all copies of downloaded materials in your possession, custody or control.

You  agree that at any time in our sole discretion, without notice to you and without liability  of any kind, we may make improvements and/or changes to this    Website, restrict or terminate your access to or use of any part or all of the Website, or refuse, move, or remove any material that you submitted to the Website.

You represent, warrant, and agree that any information or materials you submit to or post on the Website  (a)  shall be true,  accurate,  and  current; (b)  will not,  directly or indirectly, violate, infringe or breach any duty toward or rights of any person or entity,  including without limitation any copyright, trademark, service   mark, trade secret, other intellectual property, publicity or privacy, or Fair Housing right; (c) will not be fraudulent, misleading, hateful, tortious, defamatory, slanderous, libelous, abusive, violent, threatening, profane, vulgar or obscene; (c) will not harass others, promote bigotry, racism, hatred or harm against any individual or group, promote discrimination based on race, sex, religion, nationality, sexual orientation or age, or otherwise interfere with another’s use of the    Website; (d) will not promote illegal or harmful activities; and (e) will not be illegal, unlawful or contrary to any applicable laws or regulations where created, displayed, or accessed.

You  agree not to (and not to assist any third party to): (a) engage in commercial use of the Website  or any content on the Website; (b) 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 Website  for other than your   own personal, non-commercial use; (c) remove any copyright, trademark or other proprietary rights notices contained in or on     the Website or any content or other material obtained via the Website or any services on the Website; (d) use any robot, spider,  site search/retrieval application,  or  other automated device, process or means to access, retrieve or index any portion of the Website, such as for purposes of constructing or populating a searchable database of business or property reviews; (e) collect or harvest any information about other users for any purpose; (f) reformat or frame any portion of the web       pages that are part of the Website; (g) create user accounts by automated means or under false, misleading or fraudulent pretenses; (h) create or transmit unwanted electronic communications such as spam to other users or otherwise interfere with other users enjoyment of the Website; (i) transmit any viruses, worms, defects, Trojan horses or other items of a destructive nature; (j) use the Website  to violate the security of any computer network, crack passwords or security  encryption codes, or transfer or store illegal material, including any material that may be deemed threatening or obscene; (k) copy or modify the HTML code  used to generate web pages on the Website; (l) use any device, software or procedure that interferes with the proper working of the Website,  or otherwise attempt to  interfere with the proper working of the Website; (m) take any action that imposes an

unreasonable or disproportionately large load on our IT infrastructure; (n) modify,  adapt, translate, or reverse engineer any portion of the Website; (o) use the  Website to violate any law or regulation, including but not limited to Fair Housing laws and regulations, or (p) usethe Website for any purpose that is unlawful or prohibited or unauthorized by these Terms of Use.

PAYMENT

For Services offered on a payment or subscription basis, the following terms apply, unless Company or its third party affiliates notify you otherwise in writing. You are also bound by the SaaS Customer Agreement. This Agreement also incorporates by reference and includes program ordering and payment terms provided to you on the website for the Services:

• Payments will be billed to you in U.S. dollars, and your account will be debited when you subscribe and provide your payment information, unless stated otherwise in the program ordering or payment terms on the website for the Services.
• The Company utilizes the services of a third party payments processor to process all credit card payments you make for Services offered by the Company.
• You must pay with one of the following:
• A valid credit card acceptable to Company;
• A valid debit card acceptable to Company;
• Sufficient funds in a checking or savings account to cover an electronic debit of the payment due; or
• By another payment option Company provides to you in writing such as paper check.
• If your payment and registration information is not accurate, current, and complete and you do not notify us promptly when such information changes, we  may suspend or terminate your account and refuse any use of the Services.
• If you do not notify us of updates to your payment method (e.g., credit card expiration date), to avoid interruption of your service, we may participate in programs supported by your card provider (e.g., updater services, recurring billing programs, etc.) to try to update your payment information, and you  authorize us to continue billing your account with the updated information that we obtain.
• Company will automatically renew your monthly, quarterly, or annual Services at  the then-current rates, unless the Services are cancelled or terminated  under this Agreement.
• Additional cancellation or renewal terms may be provided to you on the website for the Services.

USE WITH YOUR MOBILE DEVICE

Use of the Website may be available through a compatible mobile device, Internet access and may require software. You agree that you are  solely  responsible  for these requirements, including any applicable changes, updates and fees as well as the terms of your agreement with your mobile device and telecommunications provider.

THE COMPANY MAKES NO WARRANTIES OR REPRESENTATIONS OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED AS TO:

• THE AVAILABILITY OF  TELECOMMUNICATION SERVICES FROM YOUR PROVIDER AND ACCESS TO THE SERVICES AT ANY TIME OR FROM ANY LOCATION;
• ANY LOSS, DAMAGE, OR OTHER SECURITY INTRUSION OF THE TELECOMMUNICATION SERVICES; AND
• ANY DISCLOSURE OF INFORMATION TO THIRD PARTIES OR FAILURE TO TRANSMIT ANY DATA, COMMUNICATIONS OR SETTINGS CONNECTED WITH THE SERVICES.

THIRD PARTY INFORMATION, MATERIALS, PRODUCTS, AND SERVICES

This Website features information, materials, products, and services provided by third parties, which may include  content  providers,  payment  processors,  advertisers, and other users (collectively, the Third Party Information). All such information, materials, products, and services made available by a third party  are those of the third party and not us. We  make no representation or warranty with respect to, nor do we guarantee or endorse, and we disclaim any express or   implied warranty relating to, the accuracy, completeness, quality, timeliness, non-infringing nature, legality, condition, or reliability of any third party information, materials, products, or services.

You agree that we have no responsibility or duty to review, pre-screen, or approve, and that we shall not be responsible or liable for, any third party information, materials, products, or services or any loss or damage of any kind suffered by you or any third party arising out of or relating to any of them.

If you choose to communicate or contract with any third party, or use any information, materials, services or products of any third party, you agree that you will  address any issues or disputes regarding such matters directly with the third party,  and not us. You  acknowledge that   your participation in any services provided by    a third party or purchase of any product from a third party will constitute your consent to such third party’s terms of service or terms of use with respect to such   service or product.

LINKS TO THIRD PARTY SITES

This Website may contain links, inline frames, feeds, embedded content to or from websites (collectively, Third Party Links or “Links”) operated by parties  other than Yes LMS. Such links are provided for your convenience only, and do not indicate any endorsement of the material on such websites  or  any  association  with their operators. You  agree that Yes  LMS is  not responsible or liable for such websites, the availability or contents of such websites, any products or services   they offer, or any damages any of the foregoing may cause you.

IN NO EVENT SHALL THE COMPANY OR ITS AFFILIATES  BE LIABLE FOR ANY DAMAGES SUFFERED  BY  A  USER  (WHETHER CONSEQUENTIAL, DIRECT, INCIDENTAL, EXEMPLARY, INDIRECT, PUNITIVE, SPECIAL OR OTHERWISE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH, ANY LINKED SITE OR THIRD PARTY WEBSITE OR RELATED SERVICES, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, STRICT LIABILITY, TORT OR OTHER

THEORIES OF LIABILITY, AND ALSO REGARDLESS OF WHETHER Yes LMS WAS GIVEN ACTUAL OR CONSTRUCTIVE NOTICE THAT SUCH DAMAGES WERE POSSIBLE.

Linking to this site

The Company consents only to links to this website in which the link and the pages that are activated by the link do not: (a) create frames around any page on this Web site or use other techniques that alter in any way the visual presentation or appearance of any content within this site; (b)  misrepresent  your  relationship  with  the Company; (c) imply that the Company approves or endorses you, your Web site, or your service or product offerings; and (d) present false o r misleading impressions about the Company or otherwise damage the goodwill associated with the Company name or trademarks. As a further condition to being permitted to    link to this site, you agree that the Company may at any time, in its sole discretion, terminate permission to link to this Web site. In such event, you agree to immediately remove all links to this Web site and to cease any related use of the Company trademarks.

The Website utilizes Google Maps, Google Translate and related content licensed to us b y Google and its licensors. By using the  Google  Maps  and  Google  Translate features available on the Website, you are agreeing to be bound by the applicable policies, terms and conditions of Google.

The Content of Others

Much of the content (content on our Services and the website is produced by users and other third parties (third party content) and may contain      content or materials (œmaterials) from publishers or other Users. Whether that content is posted publicly or sent privately, the content is  the  sole  responsibility  of the person or organization that submitted it. Although Yes   LMS reserves the right to review all content that appears on the website or Services and to remove      any content that violates these Terms, we do not necessarily review all of it. So we cannot and do not take responsibility for any content that others provide through the website or Services.

Any opinions, advice, statements, services, offers, or other information or content expressed or made available by Users and third parties, including information providers or any other users of the Website or Services, are those of the respective author(s) or distributor(s) and not of Yes LMS.

You  are responsible for your use of the website and Services and for any Content you provide, including compliance with applicable laws, rules, and regulations.  As such, you should only provide Content that you are comfortable sharing with others.

Any use or reliance on any Content or materials posted via the website or Services or obtained by you through the website or Services is at your own risk. We  do      not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the website or Services or endorse any opinions expressed via the website or Services. You understand that by using the website or Services, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All Content is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the website or Services and, we cannot take responsibility for such Content.

We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us, as described in our Copyright policy. Through these Terms,  we make clear that we do not want the website or Services put to bad uses. But because we do not review all content, we cannot guarantee     that content on the website or Services will always conform to our Terms.

You may be able to post User Content. You must not post any User Content that is threatening, abusive, unlawful, misleading, fraudulent, discriminatory, libelous, defamatory, obscene or otherwise objectionable, or that contains ethnic, sexual, racial or other discriminating slurs. You must also not post any User Content that contains proprietary information, trade secrets, confidential information, solicitations, advertisements, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing), or encourages or causes spamming or flooding.

You are prohibited from posting any User Content containing state, government or federal identification information or numbers (whether your own or of another person), such as national identification number,  social security number, passport number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information could possibly cause identity theft. The Company may remove any such identification information, but we are under no obligation to do so and have no responsibility and disclaim all liability or damages for any user posting of such identification information.

The Company reserves the right to disclose all User Content and other relevant or related information, and the circumstances surrounding their transmission, to any third party in connection with operating the Site and Services; to protect itself, its affiliates, its partners and its users or visitors; and to comply with legal obligations   or governmental requests. What this means is that we may honor law enforcement or court-mandated requests such as subpoenas or search warrants to reveal a user’s electronic address and identity, or other properly requested information.

Although we have no obligation to do so, we may monitor User Content, and reserve the right to delete any User Content or portion thereof that, that in the Company’s sole discretion, violates the above rules, including any User Content that is unrelated to the specific area of the Site or Services on which it is   posted, or that is an advertisement, or other commercial message, or that the Company determines in its sole discretion to be inappropriate. If you believe that any User Content violates this Agreement or our policies, we encourage you to report the content or conduct to us so that we may have the opportunity to consider whether to remove the content or not. Just so there is no ambiguity in these terms and conditions, the Company does not have any obligation to remove any User Content, and whether User Content is deemed to be inappropriate or violates any Company policy will always remain within the sole discretion of the Company.

Please take note of the following: Section 230 of the U.S. Communications Decency Act provides that:

• Treatment of publisher or speaker

No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content  provider.

• Civil liability No provider or user of an interactive computer service shall be held liable on account of-

• any action voluntarily taken in good faith to restrict access to or availability of materialthat the provider or user considers to be obscene, lewd, lascivious,      filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or
• any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph  (1).

License to User Content and Feedback

You retain your rights to any Content you submit, post or display on or through the website  or Services. “What’s yours is yours” you own your Content (and  your photos and videos are part of the Content).

By submitting, posting or displaying Content on or through the website or Services, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed). This license authorizes us to make your Content available to the rest of the world and to let others do the same. You  agree that this     license includes the right for Yes  LMS to provide, promote, and improve the website or Services and to make Content submitted to or through the website or     Services available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Yes  LMS, or other companies, organizations or individuals,   may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the website or  Services.

You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content that you submit.

Only to the extent as permitted by law, if you post content or submit material to the Company, including photographs or material you grant us a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, sublicensable right and license to use, sell,  make,  sublicense,  reproduce, distribute, perform, display,  prepare derivative works from and otherwise exploit all such content and materials for the purpose of publishing material on the    Services, the Company’s website or its publisher partners, maintaining the Company website and promoting the Company without restriction. You  further grant to the Company, its affiliates, and sublicensees the right to use your user name, user name, and/or trademarks and logos in connection with any such User Content or Company marketing materials or content that we might publish or display on the site or Services.

As a user of the site or Services, you represent, warrant and acknowledge that: (i) you own the User Content that you submit, display,  post or otherwise make   available on or through the Site or Services, or that you otherwise have the right to grant the license set forth in this section, (ii) that all such User Content, and its submission, display, posting or availability on or through the Site or Services does not violate any applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or any other rights of any person or entity, and (iii) such submission, posting, display or availability on or through the Site   or services does not result in or cause any breach of contract between you and any third party. You  further agree to pay for all royalties, fees, damages, and any       other monies of any kind owed to any person or entity by reason of such User Content. You agree to defend, indemnify and hold harmless the Company and its  affiliates and sublicensees from all claims of any kind resulting from any such User Content. If you desire to request to revoke the license granted by you in this  Section for any such User Content, you must email Us at info@yeslms.comwith a copy of your passport or national identity card (for identity verification purposes)  and request removal of such User Content. Your certified letter of request to remove such User Content must include (a) your name, address, telephone number, and email address; (b) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (c) identification  of  the User Content for which the license is to be revoked,  and  please  provide all necessary information reasonably sufficient to allow the Company to locate and  remove such User Content on the Site or Services; (d) a written statement certifying that you have a good faith belief that you are the rights holder or authorized by    the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request   to remove the user content is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content that you desire to be removed from the site or Services.

Only if you desire to do so voluntarily, you may offer feedback to the Company about the functionality and performance of the Site, including, without limitation, identifying  ways to modify the site, potential errors, making improvements, fixing bugs, or enhancements (Feedback). By providing Feedback, you hereby  grant to the Company a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable right and license to use, sell, make sublicense, reproduce,  perform, distribute, display, prepare derivative works from and otherwise exploit all such Feedback for any  purpose  without  restriction.  You  agree  that  the Company may disclose any or all Feedback to any third party in any manner, and you agree that the Company may sublicense any or all  Feedback  in  any  form  to any third party without restriction. By providing any Feedback, you agree that your provision of such Feedback is unsolicited, gratuitous and without restriction,   and will not put the Company under any confidentiality, fiduciary, or other any obligation, and that the Company is free to use such Feedback without any  additional compensation to you, and that we are free to disclose such Feedback on a non-confidential basis or otherwise to anyone. You  further acknowledge that,  by accepting any Feedback, we do not waive any rights to use similar or related ideas previously known to the Company,  or developed or created by its employees, or derived from sources other than you.

Confidential information

The Company does not want to receive confidential or proprietary information from you through our website. Please note that any  information  or  material  sent  to the Company will be deemed NOT to be confidential. By sending the Company any information or material, you grant the Company an unrestricted, irrevocable license to copy,  reproduce, publish, upload, post, transmit, distribute, publicly display,  perform, modify, create derivative works from, and otherwise freely use, those materials or information. You also agree that the Company is free to use any ideas, concepts, know-how, or techniques that you send us for any purpose. However, we will not release your name or otherwise publicize the fact that you submitted materials or other information to us  unless:  (a)  we  obtain  your permission to use your name; or (b) we first notify you that the materials or other information you submit to a particular part of this site will b e published  or  otherwise used with your name on it; or (c) we are required to do so by law. Personally-identifiable information that you submit to the Company for the purpose of receiving products or services will be handled in accordance with our privacy policies.

Global availability

Information the Company publishes on the Internet may contain references or cross references to the Company’s products, programs and services that are not announced or available in your country. Such references do not imply that the Company intends to announce or make available such products, programs, or services    in your country.

PRIVACY

You agree that we may collect, use, and share information about you in any manner permitted by the Privacy Policy posted on this Website.

YOUR ACCOUNT

You  agree that you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer,  and for all activities that occur under your password or your account. You agree: (a) that you will not disclose your Site password to anyone, (b) that you will not allow others to utilize  your account, (c) to ensure that you fully exit from your account at the end of each session, (d) to immediately change your password if you become aware that your account has been compromised, (e) to immediately notify us of any unauthorized use of your password or account, or any other breach of security,  and (f) that you   will be solely responsible for safeguarding your password and for any actions taken under your password or account, whether authorized by you or not.

Respecting Copyright

We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Website or  Services any infringing material that we become aware of. And if the Company becomes aware that one of its users  has  repeatedly infringed copyrights, we will    take reasonable steps within our power to terminate the user’s account.

We make it easy for you to report suspected copyright infringement. If you believe that anything on the the website infringes a copyright that you own or control, please contact Us:

Yes LMS

Attn: Linda Hedenblad Email: info@yeslms.com

If you file a notice by mail with Us, it must comply with the requirements set forth at 17 U.S.C. § 512(c)(3). That means the notice must:

●     contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;

●     identify the copyrighted work claimed to have been infringed;

●     identify 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, and information reasonably sufficient to let us locate the material;

●     provide your contact information, including your address, telephone number, and an email address;

●     provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and

●     provide 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  copyright owner.

SOFTWARE AVAILABLE ON THIS WEBSITE

Any software that is made available to download from this Website (“Software”) is the copyrighted work  of Yes  LMS  and/or  its  suppliers. Your  use  of  any Software is governed by the terms of the end user license agreement, if any, that accompanies or is included with the Software. You  may not install or use any  Software that is accompanied by or includes a license agreement unless you first agree to the license agreement terms. For any Software not accompanied by a     license agreement, Yes LMS hereby grants to you, the user,  a personal, non-transferable license to use the Software solely for viewing and otherwise using this  Website in accordance with these Terms of Use. You agree to keep intact all copyright and other proprietary notices.

All Software, including without limitation all code and active controls contained in this Website, is owned by Yes LMS and/or its suppliers and is protected by copyright laws and international treaty provisions. Any unlicensed reproduction or redistribution of any Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of any Software to any other server or location for further reproduction  or redistribution is expressly prohibited.

Intellectual property rights

You  acknowledge that all intellectual property rights in the website and Services, and the Documents anywhere in the world belong to Yes  LMS or our licensors,    that rights in them are licensed (not sold) to you, and that you have no rights in, or to, the Services or the Documents other than the right to use each of them in accordance with these  Terms.

You acknowledge that you have no right to have access to the website or Services in source-code form.

Trademark Information

You agree that all of Yes LMS’s trademarks, trade names, service marks, and other logos and brand features that are displayed via the website and Services (collectively, the “Marks”) are trademarks and the property of Yes LMS. You agree not to display or use Our Marks in  any  manner  without  Our  prior permission. Sponsor and third party website trademarks are the property of the respective Sponsors and third parties. The display of any Sponsor or third parties trademarks via the website and Services does not necessarily mean that Yes LMS has an affiliation with these entities.

Disclaimers

We try to keep the website and Services up and running and free of annoyances. But we make no promises that we will succeed.

THE  WEBSITE  AND  SERVICES  ARE  PROVIDED  “AS  IS”  AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES O F ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY,  FITNESS  FOR A PARTICULAR  PURPOSE,  TITLE, AND  NON-INFRINGEMENT.  IN ADDITION,  WHILE Yes LMS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO  NOT  REPRESENT  OR WARRANT  THAT:  (A)  THE  WEBSITE AND  SERVICES  WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE WEBSITE AND SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY Yes LMS CONTENT, USER CONTENT, THIRD PARTY  CONTENT,  MATERIALS  OR  INFORMATION  YOU OBTAIN ON OR THROUGH THE WEBSITE OR SERVICES WILL BE TIMELY OR ACCURATE.

Yes LMS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT OR MATERIALS OF ANY KIND THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT  THAT  MIGHT  BE  OFFENSIVE,  ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Yes LMS WILL BE RESPONSIBLE FOR.

Yes LMS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO Yes LMS’ SERVICES, THE

WEBSITE, OR INFORMATION CONTAINED ON THE WEBSITE OR SERVICES INCLUDING ANY THIRD PARTY SITES OR THIRD PARTY LINKS.

TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT THE COMPANY, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS AND EMPLOYEES WILL NOT  BE  LIABLE  FOR  ANY  PERSONAL  INJURY,  EMOTIONAL DISTRESS, DEATH OR FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR

OTHERWISE,  ARISING  OUT  OF  OR  RELATING  IN  ANY WAY  TO THIS AGREEMENT, YOUR USE OF THE WEBSITE OR YOUR USE OF THE COMPANY’S SERVICES WHETHER SUCH CLAIM IS  BASED  ON  WARRANTY,  CONTRACT,  TORT  (INCLUDING  NEGLIGENCE),  INDEMNITY, OR  OTHERWISE,  EVEN  IF  THE  COMPANY  OR  ITS  AFFILIATES,  OR  THEIR  THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND  NOTWITHSTANDING  THE  FAILURE  OF  ESSENTIAL PURPOSE  OF ANY REMEDY.  SUCH  LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE WEBSITE OR SERVICES, OR FROM RELIANCE OR DAMAGE CAUSED BY: (I) INFORMATION, MATERIALS, USER CONTENT OR THIRD PARTY CONTENT POSTED ON THE WEBSITE OR SERVICES, (II) FROM THE INABILITY TO USE THE WEBSITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED  BY  THIRD  PARTIES).  THIS  LIMITATION  SHALL  ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED  THROUGH  ANY  THIRD  PARTY  OR LINKED SITES MADE AVAILABLE ON THE WEBSITE OR SERVICES FROM THIRD PARTY WEBSITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO LOST PROFITS, OR LOST DATA. S U C H LIMITATION SHALL FURTHER APPLY WITH RESPECT  TO  THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR SERVICES OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED   IN  ANY  WAY   TO,   THE   WEBSITE   OR   SERVICES.   SUCH   LIMITATION   SHALL APPLY  NOTWITHSTANDING A N Y FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.

TO THE EXTENT PERMITTED BY LAW  THE EXCLUSION OR LIMITATION  OF CERTAIN  DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS  AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

User acknowledges and agrees that without the foregoing exclusions and limitations of liability,  The Company would not be able to offer the website or services, and that such exclusions and limitations of liability shall apply, even if they would cause user’s remedies under this agreement to fail of their essential purpose.

INDEMNIFICATION

To the fullest extent permitted by law, you agree to indemnify and hold Yes LMS and its members, managers, officers, employees, and affiliates harmless from and against all claims, demands, suits, damages, losses, liabilities, and expenses, including reasonable attorney’s fees, arising out of or relating to (a) your breach of  any of these Terms of Use or other terms of use contained on this Website; (b) your negligence, misconduct, or other wrongful act or omission;

(c) your use or misuse of this Website  or any of the Third Party Information, links, materials, products, or services available on or through this Website including    any content you posted on the site; (d) any action of any person with whom you shared your password, account, computer, or other device; (e) any information or material you submitted to or posted on the Website;  (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality, Fair Housing,   or proprietary rights of any third-party, or any violation of any law or regulation, arising from your use of the Website;  or (g) your use of the electronic signature    lease execution functionality of the Website (including without limitation the enforceability of an electronically signed lease).

MODIFICATION OF TERMS OF USE

Yes LMS reserves the right to change these Terms of Use, and any other terms of use on the Website, at any time in its sole discretion, without  prior  notice  and without liability to you of any kind, by posting the modified Terms of Use or other terms of use on this Website. By using the Website after our posting  of  any  changes to these Terms  of Use or other terms of use (other than simply to read the modified terms and delete your account), you agree to the changes and  the  modified terms. All changes shall be effective immediately upon posting, shall apply prospectively only, and no change shall apply to any dispute, controversy or  claim pending or in progress at, or arising before or out of events occurring before, the time of the change, or alter any provisions with respect to a matter occurring prior to the time of the change.

Applicable Law

By using the website and Services you agree that the laws of the State of Wisconsin without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and Yes LMS.

Disputes – Arbitration Notice

ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE OR SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN DANE COUNTY, WISCONSIN EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN  SMALL- CLAIMS COURT.

CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.

YOU AND Yes LMS AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR  SEEK  RELIEF  ON A  CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.

THE  ARBITRATOR  SHALL APPLY  WISCONSIN  LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE  NO  APPEAL  FROM  ANY AWARD  OF  THE  ARBITRATOR.  TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL B E JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT  TO THIS AGREEMENT,  WHETHER  THROUGH  CLASS ARBITRATION  PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS  FOUND TO BE INVALID,  UNENFORCEABLE OR ILLEGAL, THE REST OF  THIS PROVISION SHALL REMAIN IN EFFECT.

IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE COURT LOCATED IN DANE COUNTY, WISCONSIN.

If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules.

Yes  LMS’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Yes  LMS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website  or information provided to or gathered by     Yes LMS with respect to such use.

You may not assign or transfer any of your rights or obligations under these Terms of Use, in whole or in part, without our prior written consent, and any attempted assignment in violation of the foregoing will be null and void and of no force or effect. We may assign any and all of our rights  and  obligations  under  these  Terms  of Use freely at any time without notice. Subject to the foregoing, these Terms of Use will bind and inure to the benefit of your and our successors and permitted assigns.

Our failure to exercise or enforce any right or provision shall not affect our right to exercise or enforce such right or provision at any time thereafter, nor shall our waiver of any breach or default of these Terms of Use constitute a waiver of any subsequent breach or default or a waiver of the provision itself.

Whereas the Website has a feature that enables translation of these Terms  of Use into a language other than English, the Terms  of Use will be governed by the  English language version.

If any part of these Terms of Use is determined to be invalid or unenforceable pursuant to applicable law, then the invalid or unenforceable provision will be

deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of these Terms of Use shall continue in effect.

These Terms of Use constitute the entire agreement between you and Yes LMS with respect to this Website, except as otherwise indicated in these Terms of Use.

CONTACT INFORMATION

You  may contact Yes  LMS regarding this Website  at the following email address:   info@yeslms.com. Yes  LMS has designated the following email address to   receive notifications of claimed copyright infringement involving this Website at info@yeslms.com. Please include in your notice a description of the copyrighted work, a description of where the material you claim is infringing is located on the Website,  a statement that you are the copyright owner or its agent, and your   address, telephone number, and email address.

RIGHTS TO SYNDICATE IMAGES, CONTENT, AND LISTINGS: You hereby grant to Yes LMS, its subsidiaries, affiliates, and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use, any and all content that are displayed or submitted to this Website.

Severability: In the event that any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect to the degree necessary to preserve the intent of the parties.

NOTICES: Any notice required or permitted to be given under this agreement shall be in writing and shall be deemed to have been duly given: when received if personally delivered; when transmitted if transmitted by electronic mail (Email) and a receipt is obtained; the day after it is sent if delivered by overnight delivery service and a receipt is obtained; and five days after it is sent if mailed, first class certified mail, return receipt requested, proper postage prepaid. In each case      notices shall be sent to the last known address of the other party.

LAST MODIFIED JUNE 30, 2020

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