TERMS OF SERVICE (TERMS AND CONDITIONS OF USE)

By accessing and using YELLOWSUBGROUP.COM, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using YELLOWSUBGROUP.COM particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the TOS.

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE FOLLOWING TERMS, PLEASE DO NOT USE THIS SITE.

We reserve the right to modify these Terms at any time. Such modifications shall be effective immediately without prior notice to you. However, such notice, if given, may be given by any means including the posting of new Terms at YELLOWSUBGROUP.COM. Your continued use of this Site after such notice shall be deemed to constitute acceptance of any modified Terms.

This site and its components are offered for informational purposes only; YELLOWSUBGROUP.COM shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the site, and shall not be responsible or liable for any error or omissions in that information.

 

COPYRIGHT / TRADEMARK

  1. Intellectual Property

Customer shall have no right, title, or interest in the trade names, trademarks, trade dress, copyrights, patents, domain names, product names, catalogs or any other intellectual property rights (“IP”) reserved by YELLOWSUBGROUP.COM, or any IP owned by manufacturers and/or suppliers to YELLOWSUBGROUP.COM. All materials contained on YELLOWSUBGROUP.COM web site are subject to the ownership rights of YELLOWSUBGROUP.COM and its manufacturers and/or suppliers. Customer shall have no right to copy or use any IP of YELLOWSUBGROUP.COM or its manufacturers and/or suppliers without YELLOWSUBGROUP.COM permission.

 

COMPLIANCE WITH LAWS

  1. 2. Product Compliance and Suitability

Jurisdictions have varying laws, codes and regulations governing construction, installation, and/or use of products for a particular purpose. Certain products may not be available for sale in all areas. YELLOWSUBGROUP.COM does not guarantee compliance or suitability of the products it sells with any laws, codes or regulations, nor does YELLOWSUBGROUP.COM accept responsibility for construction, installation and/or use of a product. It is customer’s responsibility to review the product application and all applicable laws, codes and regulations for each relevant jurisdiction to be sure that the construction, installation, and/or use involving the products are compliant.

 

ACKNOWLEDGEMENT OF LIMITED LICENSE

  1. Acknowledgement of Limited License

YELLOWSUBGROUP.COM, hereby grants you a personal, nonexclusive, nontransferable license to browse and access the Site only for personal, noncommercial purposes other than to purchase items for your own use or resale through the Site.

 

PRODUCT CATALOG AND SITE ERRORS

  1. Product Catalog and Site Errors

We try to be as accurate as possible. However, YELLOWSUBGROUP.COM does not in any way assume any responsibility or liability for product content, title, description, specification or pricing errors, inaccuracy, or incompleteness. In the event a product or service listed on YELLOWSUBGROUP.COM has incorrect information or incorrect pricing due to some typographical, informational, technical or other error, YELLOWSUBGROUP.COM shall at its sole discretion have the right to refuse and/or cancel any order of sold product or service and immediately amend, correct and/or remove the inaccurate information. Prices and promotions are subject to change.

 

PRODUCT WARRANTY POLICY

  1. Warranty Disclaimer and Limitations of Liability

EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY YELLOWSUBGROUP.COM. YELLOWSUBGROUP.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YELLOWSUBGROUP.COM ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. YELLOWSUBGROUP.COM EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE EXTENT PERMISSIBLE. YELLOWSUBGROUP.COM LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY.

  1. Limited Warranty

ALL PRODUCTS SOLD ARE WARRANTED BY YELLOWSUBGROUP.COM ONLY TO CUSTOMERS FOR: (i) RESALE; OR (ii) USE IN BUSINESS, GOVERNMENT OR ORIGINAL EQUIPMENT MANUFACTURE. YELLOWSUBGROUP.COM WARRANTS PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF TWO (2) YEARS AFTER THE DATE OF PURCHASE FROM YELLOWSUBGROUP.COM, UNLESS OTHERWISE STATED. PROVIDED THAT YELLOWSUBGROUP.COM ACCEPTS THE PRODUCT FOR RETURN DURING THE LIMITED WARRANTY PERIOD, YELLOWSUBGROUP.COM MAY, AT ITS OPTION: (i) REPAIR; (ii) REPLACE; OR (iii) REFUND THE AMOUNT PAID BY CUSTOMER. CUSTOMER MUST RETURN THE PRODUCT TO YELLOWSUBGROUP.COM, SHIPPING COSTS PREPAID. YELLOWSUBGROUP.COM REPAIR, REPLACEMENT, OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY.

  1. Warranty Product Return

Before returning any product, customer shall: (i) write or call YELLOWSUBGROUP.COM; (ii) if emailing YELLOWSUBGROUP.COM, provide the date, the original invoice number, the stock number, and a description of the defect; or (iii) call YELLOWSUBGROUP.COM at (770) 317-6408 , and provide the date, the original invoice number, the stock number, and a description of the defect. Proof of purchase is required in all cases.

  1. Manufacturers Warranty

For information on a specific manufacturer’s warranty, please contact YELLOWSUBGROUP.COM at (770) 317-6408.

 

MATERIAL SAFETY DATA SHEETS

  1. Material Safety Data Sheets

Material Safety Data Sheets (“MSDS”) for OSHA defined hazardous substances are supplied by the manufacturers and/or suppliers. YELLOWSUBGROUP.COM MAKES NO WARRANTIES AND EXPRESSLY DISCLAIMS ALL LIABILITY TO ANY CUSTOMER OR USER WITH RESPECT TO THE ACCURACY OF THE INFORMATION OR THE SUITABILITY OF THE INFORMATION IN ANY MSDS. CUSTOMER END USER IS SOLELY RESPONSIBLE FOR ANY RELIANCE ON OR USE OF ANY INFORMATION, AND FOR USE OR APPLICATION OF ANY PRODUCT. For MSDS requests, call (770) 317-6408.

 

CONFLICT OF TERMS

  1. Governing Law

These Terms shall be governed exclusively by the laws of the State of OKLAHOMA and controlling U.S. federal law, without regard to the choice or conflicts of law provisions of any jurisdiction. You expressly agree that any litigation or dispute arising between you and YELLOWSUBGROUP.COM related, in any way, to the Site and/or these Terms, and/or any and all disputes, actions, claims, or causes of action related thereto, shall be initiated and maintained only in the state or federal courts situated in the State of OKLAHOMA. You agree to the personal jurisdiction, subject matter jurisdiction, and venue of these courts. Because some jurisdictions do not permit the choice of law and jurisdiction, these requirements may not apply to you.

  1. Severability

If any portion of these terms and conditions is found to be invalid or unenforceable by a court of competent jurisdiction, the invalid or unenforceable term shall be severed from these terms and conditions, and the remaining terms and conditions shall be valid and fully enforceable as written.

  1. Force Majeure

YELLOWSUBGROUP.COM shall not be liable for any delay in, or impairment of, performance resulting in whole or in part from any force majeure event, including but not limited to acts of God, labor disruptions, acts of war, acts of terrorism (whether actual or threatened), governmental decrees or controls, insurrections, epidemics, quarantines, shortages, communication or power failures, fires, accidents, explosions, inability to procure or ship product or obtain permits and licenses, inability to procure supplies or raw materials, severe weather conditions, catastrophic events, or any other circumstance or cause beyond the reasonable control of YELLOWSUBGROUP.COM in the conduct of its business.

  1. No Third Party Benefit

The provisions stated herein are for the sole benefit of the parties, and confer no rights, benefits or claims upon any person or entity that is not a party.

  1. Indemnity

You agree to defend, indemnify and hold harmless YELLOWSUBGROUP.COM, our affiliates, and our respective employees, contractors, agents, officers, and directors from all liabilities, claims, and expenses (including reasonable attorneys’ fees) that arise out of your use of YELLOWSUBGROUP.COM, your connection to YELLOWSUBGROUP.COM, your violation of these Terms or any other applicable policy, your violation of any rights of another, or breach of any representation or warranty made by you under these Terms, whether you are a registered user or not. You are solely responsible for your actions when using this Site.

  1. Assignment

Customer shall not assign any order, or any interest therein, without the prior written consent of YELLOWSUBGROUP.COM. Any actual or attempted assignment without YELLOWSUBGROUP.COM prior written consent shall entitle YELLOWSUBGROUP.COM to cancel such order upon notice to customer.

ADDITIONAL TERMS AND CONDITIONS RELATED TO EXPORT OF YELLOWSUBGROUP.COM PRODUCTS

IN ADDITION TO THE STANDARD TERMS AND CONDITIONS, EXPORT SALES OF YELLOWSUBGROUP.COM PRODUCTS WILL BE GOVERNED BY THE FOLLOWING ADDITIONAL TERMS AND CONDITIONS. IN THE EVENT OF A CONFLICT BETWEEN STANDARD TERMS AND CONDITIONS AND THE ADDITIONAL EXPORT TERMS, THE ADDITIONAL EXPORT TERMS SHALL PREVAIL.

  1. Order Acceptance

Customer acknowledges that no order shall be deemed accepted unless and until it is verified and accepted by YELLOWSUBGROUP.COM. Customer further consents that submission of its order shall subject customer to the jurisdiction of the federal courts of the U.S., and of the State of

OKLAHOMA, where acceptance occurred.

  1. Sales Tax and Duties, Import Fees

YELLOWSUBGROUP.COM is required to charge federal, state, local tax, applicable duties, and import fees on products, or for providing a valid exemption certificate. Customer assumes responsibility for, and unconditionally guarantees payment or reimbursement of, all applicable taxes, fees, licenses, import duties, and expenses as may be applicable. When placing an order, customer shall indicate which products are tax exempt.

  1. Shipping Charges and Freight Policy

Freight is prepaid to U.S. airport or port of exit for single shipment orders of U.S. $100 or more of product (before tax and freight) using routing of YELLOWSUBGROUP.COM choice. Other shipments are freight collect from YELLOWSUBGROUP.COM. Customer shall be responsible for obtaining insurance. At YELLOWSUBGROUP.COM option, this freight policy may be subject to special terms and conditions for certain export orders. If any item is backordered that qualifies for freight prepayment, that item will be shipped prepaid as customer’s exclusive remedy. Title and risk of loss for products shall transfer at the delivery point. At YELLOWSUBGROUP.COM request, customer or its freight forwarder shall provide copies of any export, shipping, or import documentation prepared by customer or its freight forwarder related to sales to customer by YELLOWSUBGROUP.COM.

  1. Export Controls and Related Regulations

Customer represents and warrants that it is not designated on, or associated with, any party designated on any of the U.S. government restricted parties lists, including without limitation, the U.S. Commerce Department Bureau of Industry and Security (“BIS”) Denied Persons List; Entity List or Unverified List; the U.S. Treasury Department Office of Foreign Assets Control (“OFAC”) Specially Designated Nationals and Blocked Persons List; or the U.S. State Department Directorate of Defense Trade Controls (“DDTC”) Debarred Parties List. Customer shall comply with all applicable U.S. economic sanctions and export control laws and regulations, including without limitation, the regulations administered by OFAC, the Export Administration Regulations administered by BIS, and the International Traffic in Arms Regulations administered by DDTC.

  1. Dispute Resolution

Actions for breaches of these terms and conditions may be brought by YELLOWSUBGROUP.COM, at its option, before any U.S. or foreign judicial court of competent jurisdiction. At YELLOWSUBGROUP.COM, disputes between customer and YELLOWSUBGROUP.COM, including all claims for nonperformance, shall be finally settled by arbitration in the State of OKLAHOMA , U.S., in accordance with the Commercial Arbitration Rules (“Rules”) of the American Arbitration Association, by a single arbitrator appointed in accordance with the Rules, applying these terms and conditions and consistent provisions of the federal and state laws (except conflict of law rules) of the State of OKLAHOMA, U.S. The language of the arbitration shall be English.

  1. Permits, Export, and Import Licenses

Customer shall be responsible for obtaining any licenses or other official authorizations that may be required by the country of importation and/or under the Export Administration Regulations, International Traffic in Arms Regulations, Toxic Substances Control Act, or other applicable laws or regulations.

  1. Governing Law; Limitations

The rights and obligations of the parties under these terms and conditions shall not be governed by the provisions of the 1980 United Nations Convention of Contracts for the International Sale of Goods or the United Nations Convention on the Limitation Period in the International Sale of Goods. Rather, these terms and conditions shall be governed by the laws of the State of OKLAHOMA , U.S., including its provisions of the Uniform Commercial Code, but excluding its conflict of law rules. Notwithstanding the foregoing, any legal action by customer with respect to any transaction must be commenced within one (1) year after the cause of action has arisen.

 

TERMS AND CONDITIONS OF SALE

By accessing and using YELLOWSUBGROUP.COM, you accept and agree to be bound by the terms and provisions of this agreement. In addition, when using YELLOWSUBGROUP.COM particular services, you shall be subject to any posted guidelines or rules applicable to such services, which may be posted and modified from time to time. All such guidelines or rules are hereby incorporated by reference into the Terms of Service and Terms and Conditions of Sale.

ANY PARTICIPATION IN THIS SITE WILL CONSTITUTE ACCEPTANCE OF THIS AGREEMENT. IF YOU DO NOT AGREE TO ABIDE BY THE FOLLOWING TERMS, PLEASE DO NOT USE THIS SITE.

We reserve the right to modify these Terms at any time. Such modifications shall be effective immediately without prior notice to you. However, such notice, if given, may be given by any means including the posting of new Terms at YELLOWSUBGROUP.COM. Your continued use of this Site after such notice shall be deemed to constitute acceptance of any modified Terms.

 

PAYMENT POLICY

  1. Payments

YELLOWSUBGROUP.COM accepts Paypal, and all major credit cards, including: Visa, MasterCard, American Express and Discover. Customer agrees to assume responsibility for, and unconditionally guarantees payment of all purchases made by customer, its subsidiaries and its affiliates. Each of customer’s subsidiaries and affiliates purchasing from YELLOWSUBGROUP.COM are jointly and severally liable for purchases with the customer, and the customer is also acting as agent for its subsidiaries and affiliates.

 

PRODUCT WARRANTY POLICY

  1. Warranty Disclaimer and Limitations of Liability

EXCEPT AS SET FORTH HEREIN AND WHERE APPLICABLE, NO WARRANTY OR AFFIRMATION OF FACT OR DESCRIPTION, EXPRESS OR IMPLIED, IS MADE OR AUTHORIZED BY YELLOWSUBGROUP.COM. YELLOWSUBGROUP.COM DISCLAIMS ANY EXPRESS OR IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS. YELLOWSUBGROUP.COM ALSO DISCLAIMS ANY LIABILITY FOR CLAIMS ARISING OUT OF PRODUCT MISUSE, IMPROPER PRODUCT SELECTION, IMPROPER INSTALLATION, PRODUCT MODIFICATION, MISREPAIR OR MISAPPLICATION. YELLOWSUBGROUP.COM EXPRESSLY DISCLAIMS ANY LIABILITY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES TO THE EXTENT PERMISSIBLE. YELLOWSUBGROUP.COM LIABILITY IN ALL EVENTS IS LIMITED TO THE PURCHASE PRICE PAID FOR THE PRODUCT THAT GIVES RISE TO ANY LIABILITY

  1. Limited Warranty

ALL PRODUCTS SOLD ARE WARRANTED BY YELLOWSUBGROUP.COM ONLY TO CUSTOMERS FOR: (i) RESALE; OR (ii) USE IN BUSINESS, GOVERNMENT OR ORIGINAL EQUIPMENT MANUFACTURE. YELLOWSUBGROUP.COM WARRANTS PRODUCTS AGAINST DEFECTS IN MATERIALS AND WORKMANSHIP UNDER NORMAL USE FOR A PERIOD OF TWO (2) YEARS AFTER THE DATE OF PURCHASE FROM YELLOWSUBGROUP.COM, UNLESS OTHERWISE STATED. PROVIDED THAT YELLOWSUBGROUP.COM ACCEPTS THE PRODUCT FOR RETURN DURING THE LIMITED WARRANTY PERIOD, YELLOWSUBGROUP.COM MAY, AT ITS OPTION: (i) REPAIR; (ii) REPLACE; OR (iii) REFUND THE AMOUNT PAID BY CUSTOMER. CUSTOMER MUST RETURN THE PRODUCT TO YELLOWSUBGROUP.COM, SHIPPING COSTS PREPAID. YELLOWSUBGROUP.COM REPAIR, REPLACEMENT, OR REFUND OF AMOUNTS PAID BY CUSTOMER FOR THE PRODUCT SHALL BE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY.

  1. Warranty Product Return

Before returning any product, customer shall: (i) write or call YELLOWSUBGROUP.COM; (ii) if emailing YELLOWSUBGROUP.COM, provide the date, the original invoice number, the stock number, and a description of the defect; or (iii) call YELLOWSUBGROUP.COM at (770) 317-6408, and provide the date, the original invoice number, the stock number, and a description of the defect. Proof of purchase is required in all cases.

  1. Manufacturers Warranty

For information on a specific manufacturer’s warranty, please contact YELLOWSUBGROUP.COM at (770) 317-6408.

 

RETURN POLICY

  1. Returns

We will accept returned products for a full refund or exchange within 30 days if they are in their original condition, accompanied by an original receipt. All products must be returned in the same condition in which they were originally delivered: in its original packaging (if applicable), unused, and undamaged.

Products received after 30 days of receipt date and/or opened, used or damaged will not be accepted.

Certain products will be subject to a 15% restocking fee . Products that are “New Factory Sealed” are subject to the return policy of the manufacturer.

  1. Non-Returnable Products

Strengths Intro 101, Strengths Activation Workshop, Strengths Mastery Training

  1. Shipping Costs

If a product is defective or a processing error resulting in the shipment of an incorrect item has occurred, YELLOWSUBGROUP.COM will cover the shipping cost of returning the item, including the cost of insurance. For all other returns, customers are solely responsible for shipping and insurance costs associated with returns.

  1. Termination of Use

You agree that YELLOWSUBGROUP.COM, in its sole discretion, may terminate your access to all or part of these Terms. Any suspected fraudulent, abusive or illegal activity will be grounds for terminating your relationship.

Upon termination, regardless of the reasons therefore, your right to use services on YELLOWSUBGROUP.COM immediately cease. Further, you acknowledge and agree that we may immediately deactivate or delete your account and all related information in your account and/or bar any further access to YELLOWSUBGROUP.COM. We shall not be liable to you or any third party for any claims or damages arising out of any termination or any other actions taken by us in connection with such termination.