Welcome to Yagratis. These Terms & Conditions apply to the Yagratis website. As used in these Terms & Conditions, “Yagratis”, “us”, or “we” refers to Yagratis.
YOUR USE OF THIS WEBSITE IS GOVERNED BY THESE TERMS & CONDITIONS
BY ACCESSING OR OTHERWISE USING THE SITE YOU AGREE TO THESE TERMS & CONDITIONS. Any person or entity who interacts with the Site through the use of crawlers, robots, browsers, data mining or extraction tools, or other functionality, whether such functionality is installed or placed by such person or entity or a third party, is considered to be using the Site. If at any time you do not accept all of these Terms & Conditions, you must immediately stop using the Site. Certain areas within the Site may be governed by additional terms (“Additional Terms”). By using those areas of the Site, you agree to the Additional Terms. The Additional Terms are incorporated into these Terms & Conditions, and any reference to these Terms & Conditions includes the Additional Terms.
All content included on the Site, such as text, graphics, logos, images, audio clips, video, data, music, software, Application updates, and other material (collectively “Content”) is owned or licensed property of Yagratis or its suppliers or licensors and is protected by copyright, trademark, patent, or other proprietary rights. The collection, arrangement, and assembly of all Content on the Site is the exclusive property of Yagratis and protected by U.S. and international copyright laws. Yagratis and its suppliers and licensors expressly reserve all intellectual property rights in all Content.
LICENSE AND ACCESS
Yagratis grants you a limited license to access and make personal use of the Site and the Content for NONCOMMERCIAL PURPOSES ONLY and only to the extent such use does not violate these Terms & Conditions including, without limitation, the prohibitions listed in the “UNLAWFUL OR PROHIBITED USES” section of these Terms & Conditions. You may download, print, and copy Content for personal, noncommercial purposes only, provided you do not modify or alter the Content in any way, delete or change any copyright or trademark notice, or violate these Terms & Conditions in any way. Accessing, downloading, printing, posting, storing, or otherwise using the Site or any of the Content for any commercial purpose, whether on behalf of yourself or on behalf of any third party, constitutes a material breach of these Terms & Conditions. The Site is intended for use by individuals 13 years of age or older. If you are under 18, you may use this Site only with involvement of a parent or guardian.
UNLAWFUL OR PROHIBITED USES
The Site may only be used for lawful purposes in accordance with the terms of the license granted in these Terms & Conditions. As a condition of your use of this Site, you warrant to Yagratis that you will not use the Site for any purpose that is unlawful or prohibited by these Terms & Conditions. Whether on behalf of yourself or on behalf of any third party, YOU MAY NOT:
• make any commercial use of the Site or its Content, including making any collection or use of any product listings, descriptions, prices, or images;
• download, copy, or transmit any Content for the benefit of any other merchant;
• use or attempt to use any engine, software, tool, agent, data, or other device or mechanism (including browsers, spiders, robots, avatars, or intelligent agents) to navigate or search the Site other than the search engine and search agents provided by Yagratis or generally publicly available browsers;
• frame, mirror, or use framing techniques on any part of the Site without Yagratis express prior written consent;
• make any use of data extraction, scraping, mining, or other data gathering tools, or create a database by systematically downloading or storing Site content, or otherwise scrape, collect, store, or use any Content, product listings, descriptions, prices, or images, except pursuant to the limited license granted by these Terms & Conditions;
• use any meta tags or any other hidden text utilizing Yagratis name or marks;
• misrepresent the identity of a user, impersonate any person or entity, falsely state or otherwise misrepresent your affiliation with any person or entity in connection with the Site, or express or imply that we endorse any statement you make;
• use a buying agent to conduct transactions on the Site;
• conduct fraudulent activities on the Site;
• violate or attempt to violate the security of the Site, including, without limitation: (i) accessing data not intended for you or logging onto a server or an account that you are not authorized to access; (ii) trying to change the behavior of the Site; (iii) attempting to probe, scan, or test the vulnerability of a system or network, or to breach security or authentication measures; (iv) attempting to interfere with service to any user, host, or network, including, without limitation, via means of submitting malware to the Site, overloading, “flooding,” “spamming,” “mailbombing,” or “crashing”; (v) forging any header or any part of the header information in any email or posting; or (vi) forging communications on behalf of the Site (impersonating the Yagratis Site) or to the Site (impersonating another user);
• send unsolicited or unauthorized email on behalf of Yagratis, including promotions and/or advertising of products or services;
• tamper with the Site or use or attempt to use any device, software, routine, or data that interferes or attempts to interfere with the working or functionality of the Site or any activity being conducted on the Site;
• use the Site to defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights of others, including others’ privacy rights or rights of publicity;
• harvest or collect personally identifiable information about other users of the Site;
• restrict or inhibit any other person from using the Site (including, without limitation, by hacking or defacing any portion of the Site);
• use the Site to advertise or offer to sell or buy any goods or services without Yagratis’s express prior written consent;
• reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any portion of, use of, or access to the Site;
• modify, adapt, translate, reverse engineer, decompile, or disassemble any portion of the Site; or
• remove any copyright, trademark, or other proprietary rights notice from the Site or materials originating from the Site.
You may be required to register with Yagratis in order to access certain services or areas of the Site. With respect to any such registration, we may refuse to grant to you the user name you request. Your user name and password are for your personal use only. If you use the Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. In addition to all other rights available to Yagratis including those set forth in these Terms & Conditions, Yagratis reserves the right, in its sole discretion, to terminate your account, refuse service to you, or cancel orders.
MODIFICATION AND TERMINATION
Yagratis may at any time: (i) modify or discontinue any part of the Site; (ii) charge, modify, or waive fees required to use the Site; or (iii) offer opportunities to some or all Site users. Yagratis reserves the right to make changes to these Terms & Conditions at any time, and such changes will be effective immediately upon being posted on the Site. Each time you use the Site, you should review the current Terms & Conditions. You can determine when these Terms & Conditions were last revised by referring to the “LAST UPDATED” legend at the top of these Terms & Conditions. Your continued use of the Site will indicate your acceptance of the current Terms & Conditions; however, any material change to these Terms & Conditions after your last usage of the Site will not be applied retroactively. Except for such material changes, the Terms & Conditions that were in effect at the time any claim or dispute arose between you and us will be applied.
Yagratis reserves the right, without notice and in its sole discretion, to terminate your account or your use of the Site and to block or prevent future access to and use of the Site (i) if you violate any of these Terms & Conditions, (ii) for any other reason, or (iii) for no reason. Upon any such termination, your right to use the Site will immediately cease.
You agree that we shall not be liable to you or any third party for any termination of your access to the Site. Upon termination, all provisions of these Terms & Conditions which are by their nature intended to survive termination, all representations and warranties, all limitations of liability, and all indemnities shall survive such termination.
USER REVIEWS, COMMENTS, AND SUBMISSIONS
Yagratis welcomes your reviews, comments, and other communications, photos, videos, or any other content that you submit through or to the Site, or any content or information you publish through any social media and allow Yagratis to feature, such as your name, social media handle, accompanying text, and any images from your social media accounts (e.g. Twitter™, Instagram™, Pinterest™) (collectively, “User Content”) as long as the User Content submitted by you complies with these Terms & Conditions as well as Yagratis’s General Review Writing Guidelines, which are incorporated into these Terms & Conditions in their entirety. User Content will not include any photographs or images you submit as part of a Transaction (as defined below). You agree that any User Content: will be accurate; will not violate or facilitate the violation of any law or regulation; will not violate any right of a third party, including copyright, trademark, privacy, or publicity rights; will not cause injury to any person or entity; and will not contain, or provide links to, obscene, profane, or threatening language, malware, political campaigning, commercial solicitation, chain letters, mass mailings, any form of “spam”, or any material that could be considered harmful, sexually explicit, indecent, lewd, violent, abusive, or degrading. You are solely responsible for the User Content you submit, and Yagratis assumes no liability for any User Content submitted by you. You acknowledge and agree that we reserve the right (but have no obligation) to do any or all of the following, in our sole discretion: (i) monitor User Content; (ii) alter, remove, or refuse to post or allow to be posted any User Content; and/or (iii) disclose any User Content, and the circumstances surrounding its transmission, to any third party. For any User Content you submit, you grant to Yagratis a non-exclusive, sub-licensable, fully paid-up, perpetual, irrevocable, royalty-free, transferable right and license to use, display, perform, transmit, copy, modify, delete, adapt, publish, translate, create derivative works from, sell and distribute such User Content and to incorporate the User Content into any form, medium, or technology, now known or hereafter developed, throughout the world, all without compensation to you. For this reason, do not send us any User Content that you do not wish to license to us, including any confidential information or any original creative materials such as stories, product ideas, computer code or original artwork. In addition, you grant to Yagratis the right to include the name provided along with the User Content submitted by you; provided, however, Yagratis shall have no obligation to include such name with such User Content. We are not responsible for the use or disclosure of any personal information that you voluntarily disclose in connection with any User Content you submit. You represent and warrant that you have all rights necessary for you to grant the licenses granted in this section. You further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials regarding User Content that you may have under any applicable law under any legal theory.
Content is also provided by third party visitors to the Site. Please note that Site visitors may post content that is inaccurate, misleading, or deceptive. Yagratis neither endorses nor is responsible for any opinion, advice, information, or statements made by third parties. Yagratis will not be liable for any loss or damage caused by your reliance on such information or materials. The opinions expressed by third parties reflect solely the opinions of the individuals who submitted such opinions and may not reflect the opinions of Yagratis.
If you wish to purchase any product or service made available through the Site (each such purchase, a “Transaction”), you may be asked to supply certain information relevant to your Transaction including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information. YOU REPRESENT AND WARRANT THAT YOU HAVE THE LEGAL RIGHT TO USE ANY CREDIT CARD(S) OR OTHER PAYMENT METHOD(S) UTILIZED IN CONNECTION WITH ANY TRANSACTION. By submitting such information, you grant to Yagratis the right to provide such information to third parties for purposes of facilitating the completion of Transactions initiated by you or on your behalf. Verification of information may be required prior to the acknowledgment or completion of any Transaction.
All descriptions, images, references, features, content, specifications, products, and prices of products and services described or depicted on the Site are subject to change at any time without notice. Certain weights, measures, and other descriptions are approximate and are provided for convenience purposes only. The inclusion of any products or services on the Site does not imply or warrant that these products or services will be available. It is your responsibility to ascertain and obey all applicable local, state, federal, and international laws (including minimum age requirements) in regard to the receipt, possession, use, and sale of any item purchased from this Site. By placing an order, you represent that the products ordered will be used only in a lawful manner. Yagratis reserves the right, with or without prior notice, to do any one or more of the following: (i) limit the available quantity of or discontinue any product or service; (ii) impose conditions on the honoring of any coupon, coupon code, promotional code, or other similar promotion; (iii) bar any user from making or completing any or all Transaction(s); and (iv) refuse to provide any user with any product or service. You agree to pay all charges that may be incurred by you or on your behalf through the Site, at the price(s) in effect when such charges are incurred including, without limitation, all shipping and handling charges. In addition, you remain responsible for any taxes that may be applicable to your Transactions.
Yagratis or our agents may call or text by telephone regarding your account or your Transactions. You agree that we may place such calls or texts using an automatic dialing/announcing device. You agree that we may make such calls or texts to a mobile telephone or other similar device. You agree that we may, for training purposes or to evaluate the quality of our service, listen to and record phone conversations you have with us.
PAYMENT, CANCELLATION, CHANGES, AND RENEWAL
Only valid credit cards or a Yagratis Debit Card can be used to enroll Yagratis Subscriptions and to make subscription service purchases. You cannot use a debit card, other than the Yagratis Debit Card, to pay for Yagratis orders.
Yagratis strives to display as accurately as possible the colors of the products shown on the Site; however, Yagratis cannot and does not guarantee that your monitor’s display of any color will be accurate.
LIMITATIONS ON QUANTITY
Yagratis does not offer additional discounts on large orders of a single item or on large orders of many individual items. In addition, we reserve the right to limit quantities on orders placed by the same account, on orders placed by the same credit card, and on orders that use the same billing or shipping address. We will notify you if such limits are applied. Yagratis reserves the right to prohibit purchases of any merchandise to resellers. Resellers are defined as a company or an individual that purchases goods with the intention of selling them rather than using them.
AVAILABILITY, ERRORS, AND INACCURACIES
If an item is out of stock, Yagratis may, in its sole discretion and at no extra cost to you, substitute another item for the out-of-stock item if Yagratis, in its sole discretion, determines that the identical brand and product is available in a form that is of equal or greater value, for example, larger quantity, packaged with a trial sample, or with updated product packaging.
Yagratis’s acknowledgement of an order means that your order request has been received; it does not mean that your order has been accepted or shipped or that the price or availability of an item has been confirmed. Yagratis makes a conscientious effort to describe and display its products and services accurately on the Site. Despite these efforts, a small number of items on the Site may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Site and in our advertising on other sites. As a result, we cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. Yagratis reserves the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice. We apologize for any inconvenience. As part of our shipping procedures, we verify the availability and the price before an item is shipped. If an item’s correct price is lower than our stated price, we will charge the lower amount and ship you the item. If an item’s correct price is higher than our stated price, if the item is no longer available, or if we determine that there were inaccuracies in our product information, we will cancel your order and notify you of such cancellation via email. Please see our Pricing Policy for more details. The Pricing Policy is incorporated into these Terms & Conditions in its entirety.
RISK OF LOSS
Except as otherwise set forth herein, the risk of loss for and title to products purchased on the Site passes to the purchaser upon delivery to the carrier.
If you are not fully satisfied with your purchase you may return it in accordance with the Return Policy. The Return Policy is incorporated into these Terms & Conditions in its entirety.
Forward Looking Statements
The Site, and any documents issued by us and available through the Site, may contain forward-looking statements, which are based on our current assumptions and expectations. These statements are typically accompanied by the words “expect,” “may,” “could,” “believe,” “would,” “might,” “anticipates,” or words of similar import. Forward-looking statements also include statements or other passages primarily relevant to expected future events or that can only be evaluated by events that will occur in the future. All such forward-looking statements are intended to enjoy the protection of the safe harbor for forward-looking statements contained in the Private Securities Litigation Reform Act of 1995, as amended. Although we believe there is a reasonable basis for the forward-looking statements, our actual results could be materially different. The most important factors which could cause our actual results to differ from our forward-looking statements are set forth on our description of risk factors in our Annual Report on Form 10-K, Quarterly Reports on Form 10-Q or Current Reports on Form 8-K, which should be read in conjunction with the forward-looking statements on the Site. Forward-looking statements speak only as of the date they are made, and we do not undertake any obligation to update any forward-looking statement. In addition, please note that information contained in the Site shall not be included as part of, or incorporated by reference into (nor shall it be deemed to be a part of or incorporated by reference into), any prospectus or offering memorandum of Yagratis used in connection with the offering or sale of securities.
Third-Party Financial Information
We provide links and access to third-party web sites or services that contain information that is provided as a service to those interested in the information. Yagratis neither regularly monitors nor assumes responsibility for the content of third parties’ statements or web sites. Accordingly, Yagratis does not endorse or adopt these web sites or any information contained therein. Yagratis makes no representations or warranties whatsoever regarding their accuracy or completeness.
DISCLAIMERS OF WARRANTIES
Yagratis cannot and does not represent or warrant that the Site or its server will be error-free, uninterrupted, free from unauthorized access (including third-party hackers or denial of service attacks), or otherwise meet your requirements.
THE SITE AND ALL INFORMATION, CONTENT, MATERIALS , PRODUCTS, SERVICES, AND USER CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SITE (COLLECTIVELY, THE “SITE CONTENTS”) ARE PROVIDED BY Yagratis ON AN “AS IS,” “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND. Yagratis MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SITE, THE ACCURACY OR COMPLETENESS OF THE SITE CONTENTS, OR THAT EMAILS SENT FROM Yagratis ARE FREE OF MALWARE OR OTHER HARMFUL COMPONENTS. YOU EXPRESSLY AGREE THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. Yagratis WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE SITE OR THE SITE CONTENTS INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, CONSEQUENTIAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES, UNLESS OTHERWISE SPECIFIED IN WRITING. TO THE FULL EXTENT PERMITTED BY LAW, Yagratis DISCLAIMS ANY AND ALL REPRESENTATIONS AND WARRANTIES WITH RESPECT TO THE SITE AND THE SITE CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE, MERCHANTABILITY, AND FITNESS FOR A PARTICULAR PURPOSE OR USE.
CERTAIN PROVIDERS OF PRODUCTS MAY SEPARATELY PROVIDE LIMITED REPRESENTATIONS AND/OR WARRANTIES REGARDING THEIR PRODUCTS. THIS DISCLAIMER DOES NOT APPLY TO SUCH PRODUCT WARRANTIES.
Yagratis DOES NOT REPRESENT OR WARRANT THAT THE NUTRITION, INGREDIENT, ALLERGEN, AND OTHER PRODUCT INFORMATION ON OUR SITE IS ACCURATE OR COMPLETE SINCE THIS INFORMATION IS PROVIDED BY THE PRODUCT MANUFACTURERS OR SUPPLIERS AND ON OCCASION MANUFACTURERS MAY MODIFY THEIR PRODUCTS AND UPDATE THEIR LABELS. WE RECOMMEND THAT YOU DO NOT RELY SOLELY ON THE INFORMATION PRESENTED ON OUR SITE AND THAT YOU CONSULT THE PRODUCT’S LABEL OR CONTACT THE MANUFACTURER DIRECTLY IF YOU HAVE A SPECIFIC DIETARY CONCERN OR QUESTION ABOUT A PRODUCT.
The Site is controlled and operated by Yagratis from the United States, and is not intended to subject Yagratis to the laws or jurisdiction of any state, country or territory other than that of the United States. Yagratis does not represent or warrant that the Site or any part thereof is appropriate or available for use in any particular jurisdiction other than the United States. In choosing to access the Site, you do so on your own initiative and at your own risk, and you are responsible for complying with all local laws, rules and regulations. We may limit the Site’s availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES SHALL Yagratis OR ITS EMPLOYEES, DIRECTORS, OFFICERS, OR AGENTS BE LIABLE FOR ANY DIRECT OR INDIRECT LOSSES OR DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OR INABILITY TO USE THE SITE. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS), WHETHER IN CONTRACT OR TORT, EVEN IF Yagratis HAS BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. EACH PROVISION OF THESE TERMS & CONDITIONS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS TO ALLOCATE THE RISKS UNDER THE AGREEMENT BETWEEN YOU AND Yagratis. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Yagratis. THE LIMITATIONS IN THIS SECTION WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE(S). IF YOU ARE DISSATISFIED WITH THE SITE, ANY CONTENT ON THE SITE, OR THESE TERMS & CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE OF THE SITE IS AT YOUR SOLE RISK. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OF LIABILITY SET FORTH ABOVE, SO THIS LIMITATION OF LIABILITY MAY NOT APPLY TO YOU, AND YOU MAY HAVE RIGHTS ADDITIONAL TO THOSE CONTAINED HEREIN.
INDEMNIFICATION AND DEFENSE
As a condition of the use of the Site, you agree to defend, indemnify, and hold harmless Yagratis and its respective employees, directors, officers, agents, vendors, and suppliers from and against any liabilities, losses, investigations, inquiries, claims, suits, damages, costs, and expenses (including, without limitation, reasonable attorneys’ fees and expenses) (each, a “Claim”) arising out of or otherwise relating to your use of the Site, including without limitation any User Content submitted by you and Claims alleging facts that if true would constitute a breach by you of these Terms & Conditions.
APPLICABLE LAW; DISPUTES
YOU AGREE THAT ALL MATTERS RELATING TO YOUR ACCESS TO OR USE OF THE SITE AND ALL MATTERS ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS, INCLUDING ALL DISPUTES, WILL BE GOVERNED BY THE LAWS OF THE STATE OF STATE_NAME, UNITED STATES OF AMERICA, WITHOUT REGARD TO STATE_NAME’S CHOICE OF LAW PRINCIPLES. YOU FURTHERMORE AGREE THAT THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL ACTION ARISING OUT OF OR RELATED TO THESE TERMS & CONDITIONS SHALL BE THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF STATE_NAME, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. IF SUBJECT MATTER JURISDICTION (INCLUDING DIVERSITY JURISDICTION) DOES NOT EXIST IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF STATE_NAME, THEN THE EXCLUSIVE FORUM AND VENUE FOR ANY SUCH ACTION SHALL BE THE COURTS OF THE STATE OF STATE_NAME LOCATED IN HENNEPIN COUNTY, AND YOU SUBMIT TO THE PERSONAL JURISDICTION OF THAT COURT. THE MAKING OF CLAIMS OR RESOLUTION OF DISPUTES PURSUANT TO THIS AGREEMENT SHALL BE IN YOUR INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU AGREE THAT TO THE EXTENT PERMITTED BY APPLICABLE LAW: (1) ANY AND ALL DISPUTES, CLAIMS, AND CAUSES OF ACTION ARISING OUT OF OR CONNECTED WITH THE SITE AND/OR THESE TERMS & CONDITIONS WILL BE RESOLVED INDIVIDUALLY IN THE FORUM DESIGNATED IN THIS SECTION, WITHOUT RESORT TO ANY FORM OF CLASS ACTION; AND (2) ANY AND ALL CLAIMS, JUDGMENTS, AND AWARDS WILL BE LIMITED TO ACTUAL THIRD-PARTY, OUT-OF-POCKET COSTS INCURRED (IF ANY), BUT IN NO EVENT WILL ATTORNEYS’ FEES BE AWARDED OR RECOVERABLE.
These Terms & Conditions, including policies and information linked from or incorporated herein, constitute the entire agreement between you and Yagratis with respect to the Site and supersede all prior or contemporaneous communications, agreements, and proposals with respect to the Site. No provision of these Terms & Conditions shall be waived except pursuant to a writing executed by the party against whom the waiver is sought. No failure to exercise, partial exercise of, or delay in exercising any right or remedy under these Terms & Conditions shall operate as a waiver or estoppel of any right, remedy, or condition. If any provision of these Terms & Conditions is held invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not be affected or impaired. You may not assign, transfer, or sublicense any of your rights or obligations under these Terms & Conditions without our express prior written consent. We will not be responsible for failure to fulfill any obligation due to causes beyond our control.
What Information Is Collected?
Types of information we collect may include:
• Mailing address
• E-mail address
• Phone (or mobile) number
• Date of birth or age
• Driver’s license number
• Credit/debit card number
• Purchase/return/exchange information
• Registry or list information
• Your mobile device information (e.g., device model, operating system version, device date and time, unique device identifiers, mobile network information)
• How you use our sites and mobile applications, search terms, pages you visit on our mobile applications, and application performance, as discussed further below
• Geo-location and in-store location (with your consent)
• Facebook ID, profile picture, gender, age range, friends’ IDs (with your consent)
• Google ID, profile picture (with your consent)
If you choose not to provide information we may not be able to provide you with requested products, services or information.
Automated Information Collection
We may connect information collected automatically with information we already have about you in order to identify you as a Yagratis guest. If we are able to identify you as a Yagratis guest we may, for example, link your activity on our website to your activity in a Yagratis store or on one of our mobile applications. This allows us to provide you with a personalized experience regardless of how you interact with us – online, in store, mobile, etc.
In order to provide the best guest experience possible, we also use automated information collection technologies for reporting and analysis purposes. We examine metrics such as how you are shopping on our website, in our stores, and on our mobile applications, the performance of our marketing efforts, and your response to those marketing efforts.
Yagratis Automated Collection
and around our stores for security purposes and for operational purposes such as measuring traffic patterns and tracking in-stock levels.
How Is Your Information Used?
Examples of how we use the information we collect include:
• Product and Service Fulfillment
• Fulfill and manage purchases, orders, payments, and returns/exchanges
• Respond to requests for information about our products and services on our website
• Connect with you regarding guest service via our contact center, guest service desk, or on social media or internet chat platforms
• Provide services such as Gift Registry or a shopping list
• Conduct a transaction where we collect information required by law (for example, pseudoephedrine or age-restricted purchases)
• Internal Operations
• Improve the effectiveness of our website, stores, mobile experience, and marketing efforts
• Conduct research and analysis, including focus groups and surveys
• Perform other business activities as needed, or as described elsewhere in this policy
• Prevention of Fraud and Other Harm
• Prevent fraudulent transactions, monitor against theft and otherwise protect our guests and our business (e.g. product recalls)
• Legal Compliance
• For example, assist law enforcement and respond to legal/regulatory inquiries
How Is Your Information Shared?
We may share the information we collect with companies that provide support services to us (such as printers, e-mail providers, mobile marketing services, analytics providers, web hosting providers, call center/chat providers, sweepstakes vendors, payment processors, coupon delivery vendors, data enhancement services, or fraud prevention providers) or that help us market our products and services. These companies may need information about you in order to perform their functions.
We may disclose information we collect when we believe disclosure is appropriate to comply with the law; to enforce or apply applicable terms and conditions and other agreements; to facilitate the financing, securitization, insuring, sale, assignment, bankruptcy, or disposal of all or part of our business or assets; or to protect the rights property or safety of our company, our guests or others.
What Choices Do You Have?
If you do not wish to receive promotional e-mails from us, email [email protected] or call 805-983-8581 to opt out. You may still receive select emails from us if you have requested them through one of our services such as Weekly Ad Reminders, Gift Reminders, or E-mail Me when Available notifications. You can discontinue these e-mails by canceling your subscription to these services.
You also have the ability to unsubscribe from promotional e-mails via the opt out link included in each promotional e-mail.
Sharing with Other Companies (for their marketing purposes)
If you do not wish us to share the personal information we have collected with other unaffiliated companies (for their marketing purposes), email this request to [email protected] with your first and last name and complete mailing address or call PHONE to opt out.
Cookies, Tracking, and Interest-Based Advertising
The help function of your browser should contain instructions on how to set your computer to accept all cookies, to notify you when a cookie is issued, or to not receive cookies at any time. If you set your device to not receive cookies at any time, certain personalized services cannot be provided to you, and accordingly, you may not be able to take full advantage of all of our features (i.e. you will be able to browse the site, but will not be able to make a purchase).
How Do You Access and Update Your Personal Information?
In order to keep your personal information accurate and complete, you can access or update some of it in the following ways:
• If you have created a Yagratis account, you can log in to review and update your account information, including contact, billing, and shipping information.
• Email [email protected] or call 805-983-8581 with your current contact information and the personal information you would like to access. We will provide you the personal information requested if reasonably available, or will describe the types of personal information we typically collect.
How Is Your Personal Information Protected?
We maintain administrative, technical, and physical safeguards to protect your personal information. When we collect or transmit sensitive information such as a credit or debit card number, we use industry standard methods to protect that information. However, no e-commerce solution, website, mobile application, database or system is completely secure or “hacker proof.” You are also responsible for taking reasonable steps to protect your personal information against unauthorized disclosure or misuse.
“Phishing” is a scam designed to steal your personal information. If you receive an e-mail that looks like it is from us asking you for your personal information, do not respond. We will never request your password, username, credit card information, or other personal information through e-mail.
Children’s Personal Information
We recognize the particular importance of protecting privacy where children are involved. We do not knowingly collect personal information online from children under the age of 13. If a child under the age of 13 has provided us with personal information online, we ask that a parent or guardian email [email protected] or call 805-983-8581.