Terms of Service
Last updated: January 12, 2017
Thanks for using our services. These Terms of Service (“Terms”) govern your use of the YESPLEASE services, including our website, our mobile applications, and any websites (or portions thereof) or mobile applications that are operated by YESPLEASE (the “Services”), and are entered into by you and YesPlease.io LLC, a Delaware Limited Liability Company (“YESPLEASE”).
By using our Services, you are agreeing to these terms and acknowledge our Privacy Policy. Please read both these Terms and the Privacy Policy carefully.
The Services comprise a platform that enables you to engage with media or advertisements (“Content” or “Recipes”) and to order featured goods or baskets of goods (“Goods”), which will be delivered to you at a specified location or, if available and you choose, for you to pick up at a physical location. In many cases, third parties are used including retailers, third party logistics providers, delivery companies, and online grocers (collectively, “Third Party Providers”).
When you use the Services to place an order for Goods, you authorize the purchase and delivery of those Goods by us or one of our Third Party Providers. Unless otherwise specified, you acknowledge and agree that YESPLEASE is acting as your agent in placing and/or delivery of Goods purchased by you and are not the seller of the goods to you. You agree that your purchase is being made from one of our Third Party Providers, that Third Party Provider is the merchant of record, and that you own the goods when they are purchased at the applicable store. You agree that YESPLEASE or its Third Party Providers may obtain a credit card authorization for your credit card to cover the cost of the goods you have purchased from the retailer and any Services fees, and your card will be charged for the goods purchased by you and any applicable fees.
You also acknowledge and agree that, except as expressly provided for otherwise in these Terms or a separate agreement between you and YESPLEASE, YESPLEASE does not form any employment or agency relationship with you and does not hold title to any Goods that you order through the Services.
1. Using our Services
You must follow any policies made available to you within the Services, and agree you will not misuse our Services. For example, do not place orders on behalf of someone who has not given you authorization to do so. Do not interfere with our Services or try to access them using a method other than the intended interface. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.
YESPLEASE grants you a limited, non-exclusive, non-transferable, and revocable license to use the Services for their intended purposes subject to your compliance with these Terms and our policies. You may not copy, modify, distribute, sell, or lease any part of the Services. Unless such restriction is prohibited by law or you have our written permission, you may not reverse engineer or attempt to extract the source code of the Services. You may only access the Services through the interfaces that we provide for that purpose. You may not “scrape” the Services through automated means. You may not interfere or attempt to disrupt our Services.
Some parts of our Services may allow you to upload or submit content (such as text, images, video, recipes, and other materials). You retain all rights in any content that you upload or submit, and are solely responsible for that content. You also assume responsibility for ensuring compliance with any uploaded material, and will to the best of your ability, properly and fairly represent that material. You will not use that material to intend to cause harm or mislead any others (e.g. – uploading a recipe for a vegan soup that contains meat, inserting non-edible or poisonous products like bleach in recipes advertised for consumption). You grant YESPLEASE a non-exclusive, royalty-free, worldwide, transferable, sub-licensable license to use, store, publicly display, publicly perform, reproduce, modify, create derivative works from, and distribute any such content for the purposes of operating, providing, and improving the Services. YESPLASE may, in its sole discretion, remove or take down any content that you upload or submit to the Services for any reason, including violation of these Terms or any other policies.
If you are using YESPLEASE on behalf of a business or other entity, you represent and warrant that you have the necessary authority to bind that business or entity to these Terms and that you are agreeing to these Terms on behalf of that business or entity.
In order to use the Services, you may need to create a user account. You agree that your are responsible for all conduct and transactions that take place on or using your account and that you will take precautions to keep your password and other account information secure. YESPLEASE reserves the right to decline orders, terminate or revoke accounts, and/or remove posts or shared content at any time in its sole discretion.
Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.
By creating a user account, you agree to accept and receive communications from us and, when in relation to an order, our Third Party Providers or Partners including via e-mail, text message, calls, push notifications, etc. If you do not wish to receive promotional emails, text messages, or other communications, you may opt out of such communications at any time.
In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications. We may introduce new features, change existing features, or remove features from the Services at any time and without notice. If you provide us with any feedback on or comments regarding the Services, you grant YESPLEASE the right to use such feedback or comments for any purpose without restriction or payment to you.
2. Your Content in our Services
Some of our Services allow you to upload, submit, store, send or receive content. You retain ownership of any intellectual property rights that you hold in that content. When you upload, submit, store, send or receive content to or through our Services, you give YESPLEASE (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the purpose of operating, promoting, and improving our Services, and to develop new ones. This license continues even if you stop using our Services. You are responsible for making sure you have the necessary rights to grant us this license for any content that you submit to our Services.
3. Transactions involving Alcohol
You may have the option to order alcohol-related products in some locations. You agree that you will comply with all applicable laws and not cause YESPLEASE or its Third Party Providers to ignore, circumvent, or break any applicable laws. If you receive your delivery in the United States, you agree that you are 21 year of age or older if you order alcohol products. If you receive your delivery in another country, you agree that you are of legal age to purchase alcohol products in the relevant jurisdiction. If you order alcohol products, you understand and acknowledge that neither YESPLEASE nor its Third Party Providers can or are required to accept your order of alcohol products, and the alcohol products will only be delivered if the retailer accepts your order. You agree that, upon delivery of alcohol products, the recipient will provide valid government-issued identification proving their age to the delivery provider delivering the alcohol products and that the recipient will not be intoxicated when receiving delivery of such products. You agree that if any applicable legal requirements for the delivery of alcohol are not met, YESPLEASE reserves the right to cancel the alcohol-related portion of your order.
4. Third-party Products and Content
5. Warranties and Disclaimers
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YESPLEASE DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. IN ADDITION, YESPLEASE MAKES NO REPRESENTATION, WARRANTY, OR GUARANTEE REGARDING THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, OR AVAILABILITY OF THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR GOODS REQUESTED THROUGH THE USE OF THE SERVICES, OR THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE. YESPLEASE DOES NOT GUARANTEE THE QUALITY, SUITABILITY, SAFETY OR ABILITY OF DELIVERERS, THIRD PARTY PROVIDERS, OR RETAILERS. YOU AGREE THAT THE ENTIRE RISK ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY YESPLEASE OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, REMAINS SOLELY WITH YOU.
YOU AGREE THAT NEITHER YESPLEASE NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS IS RESPONSIBLE FOR THE FITNESS OR CONDUCT OF ANY THIRD PARTY PROVIDER OR FOR ANY SERVICES PROVIDED BY ANY THIRD PARTY PROVIDER. NEITHER YESPLEASE NOR ITS AFFILIATES, RETAIL PARTNERS, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY CLAIM, INJURY OR DAMAGE ARISING IN CONNECTION WITH THE ACTS OR OMISSIONS OF ANY THIRD PARTY PROVIDER.
IF YOU HAVE A DISPUTE WITH ONE OR MORE THIRD PARTY PROVIDERS, YOU AGREE TO RELEASE YESPLEASE (INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) FROM ANY CLAIMS, DEMANDS AND DAMAGES OF EVERY KIND AND NATURE, KNOWN AND UNKNOWN, SUSPECTED AND UNSUSPECTED, DISCLOSED AND UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED TO SUCH DISPUTES.
SOME JURISDICTIONS PROVIDE FOR CERTAIN WARRANTIES, LIKE THE IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL WARRANTIES.
6. Limitation of Liability
IN NO EVENT SHALL YESPLEASE (INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR DELETION, CORRUPTION, LOSS OF DATA, LOSS OF PROGRAMS, FAILURE TO STORE ANY INFORMATION OR OTHER CONTENT MAINTAINED OR TRANSMITTED BY THE SERVICES, SERVICE INTERRUPTIONS, OR FOR THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES) ARISING OUT OF OR IN CONNECTION WITH THE SERVICES, OR THESE TERMS, HOWEVER ARISING INCLUDING NEGLIGENCE, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL YESPLEASE (INCLUDING OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SHAREHOLDERS, RETAIL PARTNERS, LICENSORS, AND SUPPLIERS) BE LIABLE FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY AND/OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO PHYSICAL DAMAGES, BODILY INJURY, DEATH AND/OR EMOTIONAL DISTRESS AND DISCOMFORT) ARISING OUT OF YOUR USE OF THE SERVICES, ANY SERVICES PROVIDED BY PERSONAL SHOPPERS OR THIRD PARTY PROVIDERS, OR ANY PRODUCTS REQUESTED BY YOU OR DELIVERED TO YOU, EVEN IF WE OR OUR AGENTS OR REPRESENTATIVES KNOW OR HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YESPLEASE, ITS AFFILIATES, CONTENT CREATORS, RETAIL PARTNERS, LICENSORS, SUPPLIERS AND DISTRIBUTORS WILL NOT BE LIABLE FOR AGGREGATE LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES, ANY SERVICES PROVIDED BY THIRD PARTY PROVIDERS, OR ANY GOODS REQUESTED BY YOU FOR MORE THAN THE AMOUNTS PAID BY YOU TO YESPLEASE FOR THE PAST 12 MONTHS OF THE SERVICES.
THIS PROVISION APPLIES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
7. Indemnification
You agree to defend, indemnify and hold harmless YESPLEASE and its officers, directors, employees, agents, shareholders, affiliates,and retail partners (each, an "Indemnified Party") from and against any losses, claims, actions, costs, damages, penalties, fines and expenses, including without limitation attorneys' and experts’ fees and expenses, that may be incurred by an Indemnified Party arising out of, relating to or resulting from your unauthorized use of the Services or from any breach by you of these Terms, including without limitation any actual or alleged violation of any law, rule or regulation.
8. Disputes & Arbitration
If you have a dispute with YESPLEASE arising out of your use of the Services, this Section applies. You agree to contact us first and attempt to work out any such dispute amicably.
For residents of the United States, you agree to the following mandatory arbitration provisions:
Mandatory Arbitration: If we’re unable to work out a solution amicably, both you and YESPLEASE agree to resolve any disputes arising out of your use of the Services or these Terms through binding arbitration or small claims court.
CLASS ACTION WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES' INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE ACTION, OR NON-PAGA REPRESENTATIVE PROCEEDING (COLLECTIVELY “CLASS ACTION WAIVER”). THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS OR ENGAGE IN ANY CLASS ARBITRATION. YOU AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND YESPLEASE ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
In any lawsuit in which (1) the complaint is filed as a class action, collective action or non-PAGA representative action; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the Class Action Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the Class Action Waiver shall be severable from this Agreement and in such instances, the class action, collective action and/or non-PAGA representative action must be litigated in a civil court of competent jurisdiction and not as a class, collective or non-PAGA representative arbitration.
PAGA WAIVER: TO THE EXTENT PERMISSIBLE BY LAW, THERE WILL BE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE BROUGHT, HEARD, OR ARBITRATED ON A GROUP BASIS OR IN ANY ACTION IN WHICH A PARTY SEEKS TO REPRESENT OTHER INDIVIDUAL(S) IN A PRIVATE ATTORNEY GENERAL ACTION (“PAGA WAIVER”). PAGA CLAIMS MAY ONLY BE ARBITRATED ON AN INDIVIDUAL BASIS.
In any lawsuit in which (1) the complaint is filed as a private attorney general action seeking to represent any individual(s) other than the named plaintiff; and (2) the civil court of competent jurisdiction in which the complaint was filed finds the PAGA Waiver is unenforceable (and such finding is confirmed by appellate review if review is sought), the PAGA Waiver shall be severable from this Agreement and in such instances, the private attorney general action must be litigated in a civil court of competent jurisdiction and not as a private attorney general arbitration.
Notwithstanding any other clause contained in this Agreement, any claim that all or part of the Class Action Waiver or PAGA Waiver is invalid, unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. The Class Action Waiver and PAGA Waiver shall be severable when a dispute is filed as an individual action and severance is necessary to ensure that the individual action proceeds in arbitration.
Opt-out of Mandatory Arbitration: You can decline this mandatory arbitration provision within 30 days of accepting these Terms by emailing us at support@yesplease.io with your first and last name and stating your intent to opt-out of the arbitration provision. Note that opting out of this arbitration provision does not affect any other part of these Terms, including the provisions regarding controlling law or in which courts any disputes must be brought.
Arbitration Procedures and Location: The arbitration shall be administered by JAMS under its Comprehensive Rules in effect at the time the arbitration demand is made. The current rules, effective July 1, 2014, can be found here: http://www.jamsadr.com/rules-comprehensive-arbitration/. JAMS arbitration rules can be found here: http://www.jamsadr.com/rules-clauses/. In the event of any conflict between the rules and this Agreement, this Agreement shall apply. The Parties agree to submit to the jurisdiction of a single neutral arbitrator selected in accordance with the JAMS Comprehensive Rules.
The arbitration will be held in the United States county where you live or work, the State of Delaware, or any other location we mutually agree upon in writing.
Arbitration Fees: The JAMS rules will govern payment of all arbitration fees and each party will be responsible for their own fees under those rules.
9. Controlling Law
These Terms will be governed by the laws of the State of Delaware, without respect to its conflicts of laws principles. Any claims arising out of or relating to these Terms or use of the Services that are not subject to Section 8 (Disputes & Arbitration) of these Terms shall be brought exclusively in the federal or state courts of the State of Delaware, USA, and you and YESPLEASE consent to the personal jurisdiction of those courts.
10. Entire Agreement & Severability
These Terms, subject to any amendments, modifications, or additional agreements you enter into with YESPLEASE, shall constitute the entire agreement between you and YESPLEASE with respect to the Services and any use of the Services. If any provision of these Terms is found to be invalid by a court competent jurisdiction, that provision only will be limited to the minimum extent necessary and the remaining provisions will remain in full force and effect.
11. Modifying and Terminating our Services
We are constantly changing and improving our Services. We may add or remove functionalities or features, and we may suspend or stop a Service altogether. You can stop using our Services at any time, acknowledging the details in Sections 1, 2, and 5 through 14. YESPLEASE may also stop providing Services to you, or add or create new limits to our Services at any time.
12. No Waiver
YESPLEASE’s failure to monitor or enforce a provision of these Terms does not constitute a waiver of its right to do so in the future with respect to that provision, any other provision, or these Terms as a whole.
13. Assignment
You may not assign any of your rights, licenses, or obligations under these Terms. Any such attempt at assignment by you shall be void. YESPLEASE may assign its rights, licenses, and obligations under these Terms without limitation.
14. Changes to the Terms
We may make changes to these Terms from time to time. When we do so, we will post the most current version of the Terms on our website and, if a revision to the Terms is material, we will notify you of the new Terms (for example, by email or a notification on our Services). Changes to these terms will not apply retroactively. If you do not agree to the modified terms, you should discontinue your use of the Services.
18. Contact Information
If you have any questions, complaints or comments about the Services contact us at:
YesPlease.io LLC
Chicago, Illinois 60614
support@yesplease.io