Terms & Condition
YbyZ Solutions operates this website, and the terms "we," "us," and "our" refer to YbyZ Solutions throughout the site. By accessing and/or using this website, you agree to follow and be bound by the Terms, which include all terms, conditions, policies, and notices stated on this website. If you do not agree to these Terms, you may not use the service. By engaging in our "Service," such as visiting our site or purchasing something from us, you agree to be bound by the Terms of Service, which include additional terms and conditions and policies available. These Terms of Service apply to all users of the site, including browsers, vendors, customers, merchants, and contributors of content. Before accessing or using our website, please carefully review these Terms of Service. By accessing or using any part of the site, you agree to be bound by these Terms of Service, and acceptance is expressly limited to these Terms of Service for any offer.
Please note that this agreement includes a binding arbitration clause and a class action waiver that affects your rights regarding any disputes with the Company. Please read it carefully. Additionally, any new features or tools added to the current store will also be subject to the Terms of Service, which you can review at any time on this page. We reserve the right to update, change, or replace any part of these Terms of Service by posting updates and/or changes on our website. You are responsible for checking this page periodically for changes. By continuing to use or access the website after any changes are posted, you accept those changes.
GENERAL
When making a purchase from www.ybyzsolutions.com, you understand and agree that YBYZ SOLUTIONS may share information about you and your transaction with other companies to process your transaction, ship your product, and authorize your credit card transaction. User content is the sole responsibility of the user, and YBYZ SOLUTIONS reserves the right to review and delete any user content that violates the terms of use or is illegal, offensive, or harmful to third parties. While we attempt to ensure that the information on this Service is complete, accurate, and current, we make no representation as to its completeness, accuracy, or currentness. We reserve the right to refuse service to anyone at any time. Your content, excluding credit card information, may be transferred unencrypted and adapted to technical requirements. You agree not to exploit any portion of the Service without express written permission from us. The headings in this agreement are for convenience only and will not affect these Terms.
By agreeing to these Terms of Service, you confirm that you are of legal age in your state or province of residence, or that you have provided us with consent to allow your minor dependents to use this site. You are not allowed to use our products for any illegal or unauthorized purpose and you must comply with the laws of your jurisdiction, including copyright laws. All materials provided by the Service, including information, images, graphics, logos, sounds, compilations, content and services (“Materials” or “Content”), are protected by copyright, trademark, patent, trade secret and other laws and are owned or controlled by YBYZ SOLUTIONS or their respective partners, vendors, licensors, agents, and/or representatives.
YBYZ SOLUTIONS reserves all rights in and to the Content not expressly granted to you under these Terms. You shall not modify, copy, store, print, reproduce, distribute, republish, host, perform, download, display, post, repost, transmit, or use the Materials and/or Content in any way without the prior express written permission of YBYZ SOLUTIONS. Additionally, you may not mirror or archive any Content contained on the Service on any other server without YBYZ SOLUTIONS’ prior express written permission.
You may not sublicense, assign, or transfer any licenses granted by YBYZ SOLUTIONS, and any attempt to do so shall be null and void. You may not copy, distribute, modify, reverse engineer, or create derivative works of the Materials or Content unless expressly permitted by YBYZ SOLUTIONS.
Nothing on the Service shall be construed to confer any license or ownership right in or to the Materials, under any of YBYZ SOLUTIONS intellectual property rights. Unauthorized use of any Materials on the Service may violate copyright laws, trademark laws, privacy and publicity laws, and/or communications regulations and statutes. Users are responsible for complying with all applicable laws and for maintaining the confidentiality of their account information and password. Users accept responsibility for all activities that occur under their account or password.
TERMINATION
Either you or YBYZ SOLUTIONS may choose to terminate your account or usage of this Service, with or without reason, at any time. We also reserve the right to change, suspend, or discontinue any aspect of this Service without prior notice. If you breach or violate any of the Terms, your Services will be terminated immediately.
The information provided on this site may not be accurate, complete, or current, and we cannot be held responsible for any errors. The material on this site is intended for general information purposes only and should not be solely relied upon to make important decisions. It is recommended that you consult more accurate, complete, or timely sources of information before making any decisions. Any reliance on the material on this site is at your own risk.
This site may also include historical information that may not be current and is provided for reference purposes only. We reserve the right to modify the content on this site at any time without prior notice, although we are not obligated to update any information. You acknowledge that it is your responsibility to monitor changes to our site.
We may, at any time and without prior notice, modify or discontinue the Service (or any part or content thereof) or change the prices of our products and services. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
The website may offer certain products or Services that are exclusively available online, with limited quantities and subject to our Refund Policy, which can be found by following the provided link. We have taken measures to accurately display the colors and images of our products, but we cannot guarantee the accuracy of your computer monitor's display. We reserve the right, but are not obligated, to limit sales of our products or Services based on person, geographic region, or jurisdiction, on a case-by-case basis. We may also limit the quantities of products or Services offered, and reserve the right to change descriptions and pricing of any products at any time, without prior notice. Any product or Service offer made on this site is void where prohibited. We cannot guarantee that any purchased products or Services, information, or other materials will meet your expectations, or that any errors in the Service will be corrected.
We retain the right to decline any order you make with us and may, at our discretion, restrict or cancel quantities bought per person, household, or order. Such limitations may include purchases made through the same customer account, credit card, or shipping/billing address. If we decide to modify or cancel an order, we will try to inform you by using the email address or billing address/phone number you provided during the order placement. We reserve the right to deny or limit orders that, according to our own assessment, appear to be placed by dealers, resellers, or distributors.
By shopping at our store, you accept to provide up-to-date, accurate, and complete information regarding both purchases and account details. You are obliged to update your account and other data, such as email address, credit card number, and expiration date, in a timely manner. This allows us to fulfill your orders and contact you when necessary.
For more details, please review our Refund Policy
OPTIONAL TOOLS
We may grant you access to third-party tools that are beyond our control or monitoring. You acknowledge and agree that we offer such tools "as is" and "as available," with no warranty, representation, or condition of any kind and without endorsement. We shall not be liable for any damages arising from or related to your use of optional third-party tools.
If you choose to use any of the optional tools provided on the website, you do so entirely at your own risk and discretion. You should ensure that you are familiar with and agree to the terms of use provided by the relevant third-party provider(s).
Additionally, we may introduce new features and/or Services through the website in the future, including new tools and resources. Such new features and/or Services shall also be governed by these Terms of Service.
THIRD PARTY LINKS
Content, products, and Services available through our Service may contain materials from third parties. Additionally, this site may contain links to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy of any third-party materials or websites. We do not warrant and will not have any liability or responsibility for any materials, products, or Services of third parties.
We cannot be held liable for any harm or damages related to the purchase or use of goods, Services, resources, content, or any other transactions made in connection with any third-party websites. Before engaging in any transaction, we recommend that you carefully review the policies and practices of the third party and ensure that you understand them. If you have any complaints, claims, concerns, or questions regarding third-party products, please direct them to the third party.
SUBMISSIONS
Unless otherwise provided by YBYZ SOLUTIONS, any comments, feedback, information, or data submitted to YBYZ SOLUTIONS through or in connection with the Service (collectively, "Submissions") shall be considered non-confidential and become the property of YBYZ SOLUTIONS. You acknowledge that you may retain copyright ownership of any images you upload, but by submitting Submissions, you grant YBYZ SOLUTIONS an express license to use such images in any way it sees fit and to create compilations and derivative works of the images in all media, now or later developed. Except for the rights retained by you as described above, you agree to assign to YBYZ SOLUTIONS all worldwide rights, titles, and interests, including intellectual property rights, in the Submissions, as consideration for the use of the Service. You represent and warrant that you have the right to grant these rights to YBYZ SOLUTIONS.
YBYZ SOLUTIONS may use and disseminate your Submissions without restriction for any purpose. You acknowledge that you are solely responsible for your Submissions and their legality, reliability, appropriateness, originality, and copyright. You agree not to submit any Submissions that (a) defame, abuse, harass, threaten, or invade the privacy rights of others; (b) are bigoted, hateful, or offensive in any racial or other way; (c) contain violence, vulgarity, obscenity, pornography, or sexually explicit content; or (d) harm or are reasonably likely to harm any person or entity.
YBYZ SOLUTIONS has the right, but not the obligation, to refuse or remove any Submission that violates these Terms of Use. YBYZ SOLUTIONS may also disclose any Submission or personally identifiable information to third parties if it believes in good faith that such disclosure will help to enforce these Terms of Use, comply with laws or protect the safety or security of any person or property. YBYZ SOLUTIONS may remove Submissions at any time for any reason.
To comply with federal, state and international law, all Submissions must be true and respect the rights of privacy and publicity. You must obtain consent before uploading an image or likeness of another person, especially if they are under 18 years of age. If you fail to obtain consent, YBYZ SOLUTIONS reserves the right to cancel or suspend your account. Additionally, YBYZ SOLUTIONS may cancel or suspend your account if it believes that you are using the Service for improper purposes or purposes that are inconsistent with its business.
INFORMATION FOR USERS
To use the Service, you must be 18 years of age or older and not have been previously suspended by YBYZ SOLUTIONS. By creating an account, you confirm that you have the legal capacity to use the Service and agree to comply with the Terms of Use. Your account is for your personal use only, and you may not authorize others to use it or transfer it to another person or entity.
To create an account, you must provide a valid email address, physical mailing address, a username, and a password, all subject to YBYZ SOLUTIONS Privacy Policy. If you provide false or inaccurate information, YBYZ SOLUTIONS may terminate your account and prevent you from accessing the Service. Only one account per person is allowed, and creating multiple accounts may result in account termination.
You may share information with other users or colleagues who have their own YBYZ SOLUTIONS account. YBYZ SOLUTIONS may track your use of the Service and suggest actions or activities based on your browsing and selection history, unless you opt out. YBYZ SOLUTIONS may also send text messages to verify your account. To modify your account settings, visit www.ybyzsolutions.com.
DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITIES
YBYZ SOLUTIONS and any third-party providers shall not be liable for any indirect, punitive, special, exemplary, incidental, or consequential damages, or for any damages to your property, including computer and telecommunication equipment, or loss of data, content, images, revenue, profits, use or other economic advantage, arising out of or in connection with these terms, including but not limited to the accessing or use of, or inability to use, the website and the services associated therewith, even if the party from which damages are being sought or the third-party provider has been previously advised of the possibility of such damages. This limitation of liability shall not apply in the event of a breach by the customer or related to its indemnity obligations. However, this paragraph shall not affect the rights listed below in the section titled "Indemnities." YBYZ SOLUTIONS does not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free, and we do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that we may remove the Service for indefinite periods of time or cancel the Service at any time without notice to you. Your use of the Service is at your sole risk, and the Service and all products and services delivered to you through the Service are provided "as is" and "as available" without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement. In no case shall YBYZ SOLUTIONS, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind arising from your use of any of the Service or any products procured using the Service, or for any other claim related in any way to your use of the Service or any product. This includes, but is not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content (or product) posted, transmitted, or otherwise made available via the Service, even if advised of their possibility. Our liability shall be limited to the maximum extent permitted by law in jurisdictions where the exclusion or limitation of liability for consequential or incidental damages is not allowed.
Indemnity: By using this website and purchasing YbyZ products, you agree to indemnify and hold harmless YbyZ Solutions, its officers, directors, employees, and agents, from any claims, debts, liabilities, demands, obligations, costs, expenses, actions, causes of action, and claims for relief, including those brought by any third party, arising out of or in connection with your use of this website or any YbyZ Solutions product.
REPRESENTATION AND WARRANITES
By accepting these Terms, Users confirm that they possess the legal capacity and authority to do so. YBYZ SOLUTIONS guarantees that it will offer the Service according to its usual business practices, as deemed appropriate by YBYZ SOLUTIONS, at its sole and absolute discretion.
DISCLAIMER OF WARRANTIES
Unless stated otherwise by YBYZ SOLUTIONS, the materials on the website are provided "as is" and are to be used as contracted herein. Except for the express warranties stated in these terms, YBYZ SOLUTIONS and its third-party providers disclaim all express or implied representations, warranties, guaranties, and conditions regarding the website, materials, and goods and services associated with it. This includes but is not limited to any implied representations, warranties, guaranties, and conditions of merchantability, fitness for a particular purpose, title, non-infringement, and quality of goods and services, except to the extent that such disclaimers are legally invalid. YBYZ SOLUTIONS and its third-party providers do not guarantee the reliability, availability, timeliness, quality, suitability, truth, accuracy, or completeness of the website and the goods, services, and/or materials associated with it or the results that you may obtain by accessing or using them. YBYZ SOLUTIONS and its third-party providers do not represent or warrant that the operation or use of the website or materials will be timely, secure, uninterrupted, or error-free, or that the quality of any products, services, information, or other material obtained through the website will meet your requirements. Additionally, they do not warrant that the goods, services, materials, or systems that make the services and website available are free of viruses or other harmful components. You acknowledge that YBYZ SOLUTIONS and its third-party providers do not control the transfer of data over communications facilities, including the internet, and that the website and services and/or materials associated with it may be subject to limitations, delays, and other problems inherent in the use of such communication facilities. YBYZ SOLUTIONS is not responsible for any delays, delivery failures, or other damage resulting from such problems. Except where expressly provided otherwise by YBYZ SOLUTIONS, the website and the goods, services, and/or materials associated with it are provided to you on an "as is" basis. YBYZ SOLUTIONS expressly disclaims any warranty related to the quality of goods and/or services and the persons or businesses referenced on the website. You use third-party providers and affiliated services at your own risk and assume all risks related to their use.
YOUR RESPONSIBLITIES
Users will comply with all applicable local, state, national and foreign laws, treaties, regulations and conventions in connection with your use of the Service, including without limitation those related to data privacy, international communications, and the exportation of technical or personal data from locations other than the location from which YBYZ SOLUTIONS controls and operates the Service associated therewith.
MANDATORY ARBITRATION AND WAIVER OF CLASS ACTION FOR RESOLVING DISPUTES
We provide the following procedure to assist you in resolving any complaint or dispute (as defined below) that may arise between you and YBYZ SOLUTIONS or its Third Party Providers while using this Service. Please carefully review this section. Our Customer Service Department, reachable at [email protected], is available to address most of your concerns. However, if our Customer Service Department cannot resolve your complaint or dispute, you agree to follow the steps outlined below for resolving any dispute you may have with us.
Step 1. Notice of Dispute
Prior to pursuing any legal action, it is necessary to attempt resolution of any complaint or dispute with us through our designated Notice of Dispute process. To initiate this process, you must submit a "Notice of Dispute" along with any relevant documents or information via U.S. Mail to the following address:
YbyZ Solutions
Attn: Notice of Dispute
PO Box 1962
West Covina CA 91793
Once we receive your Notice of Dispute, containing your information, facts regarding your dispute, and your remedy; both parties will make efforts to resolve the dispute through informal negotiations within sixty (60) days from the date of receiving the Notice. If an agreement cannot be reached within this timeframe, either you or we may initiate an arbitration proceeding or file a small claims action, as outlined below.
You acknowledge and agree that the term "Dispute" in these Terms of Use is intended to have the broadest possible meaning. It encompasses any dispute, legal action, or controversy between you and us concerning the Website, the Services, the Terms of Use (or any violation thereof) - regardless of whether it arises from a contract, warranty, tort, laws, or regulations. This term also encompasses any dispute regarding the validity, enforceability, or scope of this arbitration provision.
Step 2: Arbitration
If your dispute remains unresolved to your satisfaction within 60 days from the date we received your Notice of Dispute, both parties (you and us) agree to resolve all disputes through arbitration. Additionally, as explained below, there may be circumstances where either party has the option to pursue an individual action in a Small Claims Court for specific claims. You acknowledge that arbitration or a small claims action will be the sole and exclusive means of resolving any dispute with us, and the Federal Arbitration Act governs this agreement.
By agreeing to arbitration, you waive the right to engage in litigation (or participate as a party or class member) in a court before a judge or jury, except in the case of Small Claims Court. Instead, a neutral arbitrator will be responsible for resolving all disputes.
You may read more about arbitration at: www.adr.org.
Costs
In the event that you initiate an arbitration proceeding with the AAA (American Arbitration Association), you will be responsible for any associated fees. Furthermore, if we prevail in the arbitration, we reserve the right to seek and recover our attorneys' fees and costs, as determined by the arbitrator and in accordance with applicable law.
Choice of Law and Forum Selection
You acknowledge that this agreement and any claims or disputes arising from it are governed by the laws of the State of California, regardless of California's conflict of laws principles. Unless you and we agree otherwise, if the arbitration agreement stated above is determined not to apply to you or a specific claim or dispute by the arbitrator or a court order, you agree that any disputes or claims against us will be subject to the jurisdiction of a state or federal court located in Los Angeles County, California. You further agree to submit to the personal jurisdiction of such courts for the purpose of litigating any such claims or actions.
Governing Law & Exclusive Venue
The use of the Service and any claims related to YBYZ SOLUTIONS will be governed by the laws of the State of California and will be litigated within the State of California. Any disputes, actions, claims, or causes of action arising from these Terms of Use or the Service will be exclusively subject to the jurisdiction of the state and federal courts located in California. The choice of law and exclusive venue in California apply to you regardless of your location while accessing the Website, even if you are accessing it from outside of the United States of America.
The Terms of Use, along with the Privacy Policy, encompass the complete agreement between the parties regarding the use of the Website, and they override any previous or contemporaneous communications that may conflict or supplement them. YBYZ SOLUTIONS reserves the right to modify these Terms of Use or any policies related to the Service at any time and at its discretion, with such changes becoming effective upon their posting on this page. It is recommended that you periodically visit this page to review the current Terms of Use, as they are binding upon you. Specific provisions of these Terms of Use may be replaced by explicitly designated legal notices or terms found on specific pages of the Website, which may be posted from time to time. Your continued use of the Service following any such changes or postings signifies your acceptance of those changes. If any provision in these Terms of Use is deemed invalid or unenforceable by a court of competent jurisdiction, such provision(s) will be interpreted to reflect the intentions of the invalid or unenforceable provision(s), while all other provisions remain fully effective.
You may only assign these Terms of Use with the prior written approval of YBYZ SOLUTIONS. Any assignment attempted in violation of this section will be considered void. YBYZ SOLUTIONS retains the right to engage third-party providers in delivering the Service and/or associated Materials. In the event of any litigation arising from these Terms of Use, including disputes over interpretation, performance, or similar matters, the prevailing party will be entitled to receive reasonable attorneys' fees, expenses, court costs, and costs incurred for expert witnesses and other relevant individuals involved in the prosecution or defense of the said litigation. YBYZ SOLUTIONS reserves all rights not explicitly granted in these Terms of Use.
UNITED STATES ONLY
Unless explicitly stated otherwise, the Service is intended for use exclusively within the United States. We do not warrant that the Service is suitable or accessible for use in other locations. If you choose to access the Service from outside the United States, you do so at your own risk. Regardless of your location, you are solely responsible for complying with any relevant local laws.
Mobile Service Terms and Conditions
Updated 6/9/2023
The mobile message service (referred to as the "Service") provided by YbyZ Solutions is operated by YbyZ Solutions ("YbyZ Solutions," "we," or "us"). By using the Service, you agree to be bound by these terms and conditions ("Mobile Terms"). We reserve the right to modify or discontinue the Service or any of its features without prior notice. Additionally, we may revise these Mobile Terms at any time, and your continued use of the Service after the effective date of such changes signifies your acceptance of the modified terms.
By giving consent to YbyZ Solutions' SMS/text messaging service, you agree to receive recurring SMS/text messages from YbyZ Solutions or on behalf of YbyZ Solutions through your wireless provider, using the mobile number you provided. This includes instances where your mobile number is listed on any state or federal Do Not Call list. Text messages may be sent using an automatic telephone dialing system or other technology. Service-related messages may include updates, alerts, and information (such as order updates or account alerts). Promotional messages may include promotions, specials, and other marketing offers (such as cart reminders).
You acknowledge that signing up for this program is not mandatory to make any purchases, and your consent is not a requirement for any transactions with YbyZ Solutions. Your participation in this program is entirely voluntary.
The Service itself is provided free of charge by YbyZ Solutions. However, you are responsible for any fees or charges associated with text messaging imposed by your wireless provider. Message frequency may vary, and message and data rates may apply. We recommend reviewing your mobile plan and contacting your wireless provider for specific details. You bear sole responsibility for all charges related to SMS/text messages, including those incurred from your wireless provider.
You may opt-out of the Service at any time by texting STOP or click the unsubscribe link (where available) to cancel. After opting out, you will receive a single confirmation text message to verify your opt-out status. Unless you initiate further communication, no additional messages will be sent to your mobile device. If you have subscribed to other YbyZ Solutions mobile message programs and wish to cancel those as well, unless required by applicable law, you must opt out separately from each program by following the instructions provided in their respective mobile terms.
We reserve the right to change the short code or telephone number used to operate the Service at any time. In such cases, we will notify you of these changes. Please note that if you send any messages, including STOP or HELP requests, to a short code or telephone number that we have changed, there is a possibility that we may not receive those messages, and we will not be held responsible for fulfilling requests made in such messages.
The wireless carriers supporting the Service are not liable for any delays or failures in message delivery. It is your responsibility to provide us with a valid mobile number. If you obtain a new mobile number, you will need to sign up for the program again using your new number.
To the extent permitted by applicable law, you agree that we will not be held liable for any failed, delayed, or misdirected delivery of information through the Service, any errors in such information, or any actions you may or may not take based on the information or the Service.
We value your privacy. For details on how we collect and use your personal information, please refer to our Privacy Notice.
If you have any questions regarding these terms or need to contact us for any reason:
[email protected]