Thanks for being a Yellow Box fan and visiting us here at Yellow Box Shop Online!
These terms and conditions (“Terms”) govern and apply to anyone accessing or using the website located at https://www.yellowboxshoes.com/, our mobile application(s), our blog(s), and any other website(s) or online presences owned and/or operated by or Yellow Box Corporation (including any of its subsidiaries or corporate affiliates, collectively, "Yellow Box Shop Online", "Yellow Box Corporation" "we", "us", or "our") and any of their associated websites or online services (collectively, our “Services”).
Please take some time to review these Terms for our Services. By accessing or using the Services, including purchasing any products through the Services, you represent, warrant, understand and agree: (1) to accept, comply with, and be bound by these Terms; (2) that you have the right, authority, and capacity to abide by these Terms; (3) to comply with all applicable laws, rules and regulations concerning your access to and use of the Services; and (4) you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or another applicable jurisdiction. Certain services may be subject to additional terms, guidelines or rules, which will be available in conjunction with those relevant services, and those additional terms will become part of these Terms when you use those services.
Yellow Box Corporation reserves the right to update, change, modify or otherwise alter these Terms at any time. If any material changes are made to these Terms, we will notify you by posting the revised Terms on the Services or notifying you through the Services. Any access or use of the services by you after the changes go into effect shall constitute and be deemed your agreement to these terms. If you do not want to be bound by these Terms, do not use or access any part of the Services.
Yellow Box Corporation may terminate the Services, or any portion thereof; any website or webpage within the Services; or any products or services offered through the Services; or terminate your right to access or use the Services, or any portion thereof; without notice and at any time for any reason. In the event of such termination, you are no longer authorized to access the Services. The restrictions imposed on you with respect to the any content or information you may have received from, or provided to Yellow Box Corporation (as defined herein), and the disclaimers, indemnities, and limitations of liabilities set forth in these Terms, shall each survive such termination.
- Your Access To and Use of the Services
Your agreement to these terms herein grants you a non-exclusive, limited, and revocable license to view (and where appropriate, interact with) the Content on these Services, but only while accessing these Services.
Unless authorized in writing by Yellow Box Corporation, you may use the Services solely for personal, non-commercial use. You agree to only access or use the Services solely for legal purposes as allowed by these Terms. International users accessing our Services may be subject to additional rules and regulations, per your legal jurisdiction.
- Restrictions on Use of these Services
You understand, and agree, that you are strictly prohibited from duplicating, downloading, publishing, republishing, adapting, modifying, displaying, transmitting, or otherwise distributing the Content and/or the Services for any commercial use (whether for profit or not), or for any other purpose other than as may be expressly permitted in these Terms. You also agree not to deep-link to the Services or any website or webpage thereof for any purpose, unless specifically authorized by Yellow Box Shop Online or Yellow Box Corporation. Use of any trademarks of Yellow Box Shop Online as metatags on other networks is also strictly prohibited.
You agree that your license limits you to visiting, viewing, interacting, and retaining a copy of any websites or webpages of the Services, or any other content (digital or otherwise) received from Yellow Box Shop Online or Yellow Box Corporation solely for informational, non-commercial, or personal use.
- Unauthorized Use of these Services
You agree that you shall not use any automatic or manual conduct, device, process, software, program, algorithm, methodology or routine (including, but not limited to, a "robot," "spider" or other similar process or functionality) to interfere (or attempt to interfere) with, damage, disable or impose an unreasonable burden or load on, the operation of the Services, or transmit any worms or viruses or any code of a destructive nature on or to the Services.
You agree that you shall not attempt other unauthorized access or linking to the Services, such as unauthorized "framing" of the Services; or attempt to interact with the Services through unauthorized means, such as use of any robot, spider, or other automated device on the Services.
You agree that you shall not use the Services for any illegal, obscene, abusive, offensive, harassing, improper or objectionable purpose; to sell, or offer to sell, any goods or services; to conduct, or forward, surveys, contests, or chain letters; or for any other purpose that is prohibited by these Terms.
Yellow Box Corporation reserves the right to investigate any illegal and/or unauthorized use of the Services, and take appropriate legal action including, without limitation, any civil, criminal, or injunctive redress.
- Additional licenses
- Linking to the Services
If Yellow Box Corporation authorizes you to deep-link your website or a service offered by your website to the Services, in addition to, and notwithstanding anything to the contrary, you understand and agree that: (1) Yellow Box Corporation has no obligation to continue to provide or make the service or the Services available; (2) all conditions, disclaimers and limitations on use set forth in these Terms remain in full force and effect; (3) all intellectual property rights relating to Yellow Box Corporation and its technology and Content, including all ownership rights, remain the exclusive property of Yellow Box Corporation; (4) you will be solely responsible for the data and content that you publish on your website; and (5) Yellow Box Corporation may terminate your access to the Services at any time in its sole discretion.
Yellow Box Corporation reserves the right, but not the obligation, to remove any linked source if it contains or features any unacceptable content, as determined at Yellow Box Corporation’s sole discretion. Unacceptable content include, but are not limited to, (i) offensive, harmful and/or abusive language, including, without limitation, expletives, profanities, obscenities, harassment, vulgarities, sexually-explicit language, and hate speech, (ii) references to illegal activity, malpractice, purposeful overcharging, or false advertising, (iii) personal attacks, threats of physical confrontations, and/or sexual harassment, (iv) language that violates the standards of good taste or the standards of this Services, (v) content that is illegal, or a violation of any federal, state, or local law or regulation, or the rights of any other person or entity, (vi) language that is intended to impersonate other users, or is offensive, or uses inappropriate user names, or (vii) content that is encrypted or that contains viruses, Trojan horses, worms, time bombs, bots or other computer programming routines that are intended to damage, interfere with, intercept or appropriate any system, data or the Services.
- Additional software or applications ("apps")
Yellow Box Corporation may make available software or applications that you can download (to your computer or mobile device) to access and use the Services. As long as you comply with these Terms, you have the right to use the software to access and use the Services for your own personal use. This license is for the sole purpose of enabling you to use and enjoy the Services in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of the Services or included software, nor may you reverse-engineer or attempt to extract the source code of that software, except where those restrictions are prohibited by law, or you have obtained the expressed written permission of Yellow Box Corporation.
In the event that you download and/or install our software from the Apple App Store, Google Play or other app store or distribution platform (collectively, an “App Provider”) on your mobile device, or any other device, you acknowledge and agree that:
- These Terms are concluded between us, and not with the App Provider, and that Yellow Box Corporation (not the App Provider), is responsible for our software.
- The App Provider has no obligation to furnish any maintenance and support services with respect to our software or handle any warranty claims.
- The App Provider is not responsible for addressing any claims you have or any claims of any third-party relating to our software, such as, product liability claims, consumer protection claims, intellectual property infringement claims, or any claim that our software fails to conform to any applicable legal or regulatory requirement.
- The App Provider is a third-party beneficiary of these Terms as related to your license of our software, and the App Provider will have the right to enforce these Terms as related to your license of our software against you.
- You must also comply with all applicable third-party terms of service when using our software.
- You agree that from time to time, our software may download upgrades, updates and additional features from us in order to improve, enhance and further develop the software. You will not modify, create derivative works of, decompile or otherwise attempt to extract source code from us, unless you are expressly permitted to do so under an open source license or we give you express written permission.
- Linking to the Services
- Restrictions on Use of these Services
- Revocation of License
Any unauthorized use terminates the permission or license granted to you by Yellow Box Corporation, in addition to all rights at law or in equity.
- Use of these Services
The Services operated by Yellow Box Shop Online, including but not limited to this website (https://www.yellowboxshoes.com/), has e-commerce functions and is intended to facilitate the offering for sale of our products by Yellow Box Corporation, as well as to provide access to other informational and promotional materials. The Services may be used in a manner consistent with this purpose, and only within the context of the products, services and information set forth on here.
- Account Registration
Certain functions of these Services (including this website) may require registration -- including facilitating the purchase products, or posting reviews. You may only create and use an account for your own personal use. If you register or provide information to us in any manner, you agree to provide only true, accurate, current and complete information.
You may also be presented with the opportunity to link your account to various webmail, social networking, and other online accounts. You may only link your own accounts. We will access and retrieve your account information from these sites on your behalf (in some cases, by using your username and password) to make certain information or services available to you through the Services. By linking your other accounts, you expressly authorize us to access your account information from those third-party accounts, on your behalf as your agent and permit us to access, use and, in some cases, store your account information to accomplish the foregoing.
For any portion of the Services that requires a user name and/or password, you are responsible for all use of your account (under any user name or password) and for ensuring that all use of your account complies fully with the provisions of these Terms. You shall be responsible for protecting the confidentiality of your user name(s) or password(s), if any. You are responsible for maintaining the security of your account, and you are fully responsible for all activities and actions that occur in connection with the account. If we issue a username and/or password to you, you agree to protect such information by, among other things, keeping your password and other information relating to your account confidential. If, notwithstanding the foregoing obligation, you allow another party to use your account, you will be responsible for all use of the Services and all other activities performed by the party using your account.
You must immediately notify us of any unauthorized uses of your account or any other breaches of security. We will not be liable for any acts or omissions by you, including but not limited to any damages of any kind incurred as a result of such acts or omissions. If you delete your account, we may still need to retain certain information for record keeping, administrative, legal and technical purposes, and there may also be residual information that will remain within our databases and other records, which will not be removed or changed.
By registering for an account, you grant us permission to send emails, offers, promotions and other marketing material to you via email. You may unsubscribe at any time.
- Product Information and Specifications
All features, content, specifications, products and prices of products and services described or depicted on across these Services, or on this website, are subject to change at any time without notice.
Yellow Box Shop Online makes every effort to visually present our products as accurately as possible on the Services. However, the actual image(s) or overall shopping experience you experience (including the color and proportions of product images you see), will depend on many factors beyond our control -- including, significantly, your computer or mobile device, and the "web browser" that you use to access our Services. Therefore, unfortunately, we cannot guarantee that your computer will display, and therefore for you to see, our products or Services depicted accurately or correctly. Likewise, the information on the Services may occasionally be inaccurate, incomplete or out-of-date. We make no representation as to the completeness, accuracy or currentness of any information on the Services. For example, products included on this Services may be unavailable, may have different attributes than those listed, or may actually carry a different price than that stated on the Services.
Although Yellow Box Shop Online makes every effort to avoid such issues, you understand, and agree, that the Services cannot be held liable for product- or service- misrepresentations as a result of technological or platform incompatibilities, or other aspects beyond the control of Yellow Box Shop Online.
- Sweepstakes, Contents and Promotions
- Terms of Sale
By placing an order with Yellow Box Shop Online (whether at the website located https://www.yellowboxshoes.com/, third-party marketplaces, or any other online (or offline) avenues where Yellow Box Shop Online is the explicitly-named vendor and/or seller), you are (i) offering to purchase a product, (ii) representing that you are of legal age to form a binding contract, and (iii) representing that all information you provide to us in connection with such order is true and accurate and you are an authorized user of the payment method provided. Your receipt or possession of an "order confirmation" does not, in itself, constitute 's acceptance of an order. We retain the right to refuse any request made by you.
Prior to acceptance of your order, Yellow Box Shop Online may require verification of the provided information.
At any time after receipt of your order, and for any reason whatsoever, Yellow Box Shop Online reserves the right to accept or decline your order, or any portion thereof, even after your receipt of an "order confirmation" from . In the event that an item is listed and/or sold at an incorrect price, either due to typographical or other error, Yellow Box Shop Online shall have the right to refuse, or cancel, any such order placed for the incorrect price, regardless of whether the order is being, or has already been, processed.
In the event that your order is cancelled, if payment has already been made, or if your account has has already been charged for the purchase, Yellow Box Shop Online shall credit your account, against your original form of payment(s). The amount credited may be subject to additional adjustments, including, but not limited to, adjustments as a result of disqualification from any promotional terms or other stated, or negotiated, terms of sale.
All features, specifications, products, prices of products and services, discounts, promotions and offers described on our Services are subject to change at any time, and Yellow Box Shop Online reserves the right to make changes to them without notice to you. Yellow Box Shop Online reserves the right, without prior notice, to limit the order quantity on any product and/or refuse service to any customer.
Products are made available and sold while supplies last. All prices and products advertised are subject to change. In the event that price is quoted without currency, the price is assumed to be quoted in U.S. dollars.
- Taxes, Duties, Excises, and Other
Yellow Box Shop Online will on occasion, on your behalf, collect, declare, remit, or otherwise facilitate taxes and duties that may be relevant to your purchase. However, Yellow Box Shop Online facilitate anything beyond what is required of Yellow Box Shop Online or Yellow Box Corporation by law, or what is immediately known or necessary to facilitate shipment of product, or fulfilment of services, purchased by you. Depending on your local jurisdiction, your responsibilities as a purchaser, or recipient, (which may include, but are not limited to, taxes, duties, excises, or otherwise) may extend beyond those that Yellow Box Shop Online facilitate on your behalf. These obligations may include, but are not limited to, declaring and remitting "use" taxes for "out of state" purchases. Any tax or duty obligations that Yellow Box Shop Online files and remits on your behalf is stated on your order receipts or other customer documentation and will be explicitly labelled as such. If you have further questions, or require more detailed documentation, please contact customer service.
Yellow Box Shop Online does not, in any way, claim or warrant that your order from Yellow Box Shop Online, nor your price paid to Yellow Box Shop Online, will enable you to take possession of ordered products or services "free and clear" -- Yellow Box Shop Online's obligation ends at the execution of delivery in accordance to agreed terms of sale. In the event that such extenuating circumstances arise, the customer agrees to indemnify Yellow Box Shop Online and Yellow Box Corporation of any additional taxes and duties, or other legal responsibilities. You also indemnify Yellow Box Shop Online against any loss, financial or otherwise, above what is nominally insured by our freight carriage, in the event that your order is detained, seized, damaged, or destroyed in the course of transit. Unless otherwise explicitly stated, the risk of loss and title for product(s) purchased by you, this risk passes to you upon our delivery of the product(s) to the carrier.
Please see our Customer Care information pages and other related webpages for the most up-to-date information on terms of sale, including information on shipping, delivery and tracking, the ordering and payment process, returns, refunds and exchanges, pricing, gift cards, product availability, no resale policy, and other helpful information. Yellow Box Shop Online reserves the right to restrict delivery to addresses within or outside of the United States.
- Account Registration
- Interactions with our Services
- Your Communications with Us
Neither Yellow Box Shop Online nor Yellow Box Corporation shall have any liability whatsoever for any unaccepted or unprocessed email instructions or requests, or for any loss or damage arising from or in connection with any unauthorized use by third-parties of any information that you send by email. If you would like to transmit sensitive information to us, please contact us to arrange a more secure means of communication.
- Content you create or provide ("User-Generated Content")
By Submitting User Generated Content to the Services, you grant, represent, and warrant, that you have the right to grant, to Yellow Box Shop Online, its affiliates, agents and licensees, an irrevocable, perpetual, non-exclusive, fully-paid, worldwide or otherwise unlimited license to use, copy, perform, display, reproduce, publish, distribute, sub-license, and otherwise disclose, prepare derivative works thereof, or incorporate into other works, your User Generated Content, for any purpose without restriction and without providing any attribution or compensation to you. You also agree to indemnify Yellow Box Corporation for all claims arising from or in connection with any claims to any rights in any of your User-Generated Content. You further irrevocably waive any "moral rights" or other rights with respect to attribution of authorship or integrity of materials regarding any User-Generated Content that you may have under any applicable law or under any legal theory. This clause will survive in the event that your license to use the Services is revoked or otherwise invalidated, or the termination of this Agreement, for any reason.
Such User Generated Content will not be treated as confidential information. In addition, by posting or allowing Yellow Box Shop Online or a third-party to post User Generated Content to any public area of the Services, you grant Yellow Box Corporation all rights necessary to prohibit any subsequent aggregation, display, copying, duplication, reproduction, or exploitation of the User Generated Content by any party, and for any purpose.
You agree that you shall not use the Services to Submit any User Generated Content that is (i) not related to appropriate subject matters, (ii) misleading to others, (iii) unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libellous, pornographic, indecent, invasive of another's privacy, hateful, offensive, or racially-, ethnically- or otherwise objectionable, (iv) anything you do not have a right to Submit under any contractual relationships, (v) infringing of any patent, trademark, trade secret, copyright, or other proprietary rights of any third-party, (vi) contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Services, including but not limited to a virus, trojan horse, worm, or time bomb, or (vii) intentionally or unintentionally in violation of any applicable local, state, national or international law, or any rules or regulations having the force of law.
In the event that you do not wish for Yellow Box Corporation to use your User Generated Content, please do not Submit such User Generated Content to the Services. Please note that any User Generated Content does not represent the advice, views, opinions or beliefs of Yellow Box Shop Online or Yellow Box Corporation; Yellow Box Corporation also makes no claim of accuracy of any such User Generated Content. You understand and agree that you are solely responsible for any User Generated Content that you Submit and you may be held legally liable for such User Generated Content.
Yellow Box Shop Online reserves the right to remove any User Generated Content from the Services at any time and for any reason.
- Your Communications with Us
- Content provided on our Services
All information, text, graphics, images, photographs, logos, illustrations, descriptions, data, designs, icons, video clips, audio clips, sounds, files, trademarks, copyrighted material, trade dress, interfaces, software, specifications, catalogs, literature, advertisements, titles, names, User Generated Content (as defined below) and any other materials provided on the Services are owned by Yellow Box Corporation and/or third parties, and are collectively referred to as "Content." The Content may contain omissions, errors, or may be out of date. Yellow Box Shop Online reserves the right, in its sole discretion, to change, delete, update, modify or otherwise alter the Content at any time without providing notice to you. The Content is provided for informational purposes only and is not binding on Yellow Box Corporation in any way, except to the extent that it is specifically indicated to be so.
We do not control, approve, sponsor or endorse any third-party Content, products or services and make no representations regarding, and are not liable or responsible for the accuracy, completeness, timeliness, reliability or availability of any third-party Content, products or services. Any third-party Content, products or services posted on, transmitted through, or linked to from the Services are the sole responsibility of the third-party originator of such Content. Links to any third-party Content are provided for your convenience only. If you choose to access any third-party Content, you do so at your own risk. You acknowledge and agree that Yellow Box Corporation is not responsible, nor liable, for any loss or damage of any sort incurred as a result of accessing a third-party website, or any dealings with any third-party website, operator thereof, or any third-party content, products or services.
Any concerns regarding Content and/or availability of hyper-links of a third-party on the Services, which are not controlled by Yellow Box Shop Online, or Yellow Box Corporation, should be directed to the third-party that controls such Content or hyper-link. If you believe we have provided a hyper-link to a third-party website that contains infringing or illegal Content, products or services, we ask that you notify us at the address noted below so that we may evaluate whether, in our sole discretion, to disable or remove it from the Services.
- Intellectual Property
The website and all Content (as defined below), features and functionality (including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof) that appears as part of or on the Services are the property of Yellow Box Shop Online, Yellow Box Corporation, and/or a third-party (which may be indicated by a link to or from an external source, or otherwise). Content is provided through the Services “AS IS”, and you agree that the use of and reliance on any Content is at your own risk, and that under no circumstances shall Yellow Box Shop Online be liable for any Content or for any loss or damage of any kind incurred as a result of your use of any Content made available via the Services.
Yellow Box Corporation owns any and all intellectual property rights relating to the Yellow Box brand, trade name, trade dress, and other content including: copyright, trademark, service mark, trade name, trade dress, proprietary logo, insignia, business identifier, and/or other Text and Graphics that has or provides the "look and feel" of the "Yellow Box" brand image, as well as all of the Content, including the Text, Graphics, Programming, photographs, video and audio contained herein (the "Intellectual Property").
The Services as a whole, and all Content thereon, is protected by copyright, trade dress, and trademark laws of the United States, as well as international treaties, conventions and the laws of other countries, as applicable. Except as may be expressly permitted by Yellow Box Corporation, you may not use, reproduce, copy, modify, publish, transmit, distribute, perform, display, download, license, enter into a database, create derivative works from, reverse engineer, frame, transfer, or sell any Content obtained from, through or on this Services, in whole or in part, for any purpose -- public, commercial, or otherwise. Any use of the Content, except as specifically provided in these Terms, is strictly prohibited.
All other Content, including product names, names of services, trademarks, service marks and other intellectual property is the property of their respective owners, as indicated, and may only be used as permitted.
- Offline Conduct
Although Yellow Box Shop Online cannot monitor the conduct of its users of this Services, it is a violation of these Terms to use any information obtained from our Services in order to harass, abuse or harm another person (including any customers, community contributors or participants to our Services; current or former employees of Yellow Box Corporation; or affiliated third-party companies, and their employees, providing services on, or through, our Services), or in order to contact, advertise, solicit or sell to any persons without his/her prior explicit consent.
- Monitoring of information
Yellow Box Shop Online does not assume any obligation to review or monitor the content or other information submitted to these Services by third-parties. You assume the risk of verifying the accuracy of such information posted through independent investigation. Notwithstanding the foregoing, we may, at our discretion, review information submitted to these Services for any purpose whatsoever; and we reserve the right, at our sole discretion, to remove, edit or reject any information submitted to these Services for any reason whatsoever.
- Violation of These Terms
You agree that monetary damages may not provide a sufficient remedy to Yellow Box Shop Online or Yellow Box Corporation for violations of these Terms, and you consent to injunctive or other equitable relief for such violations.
- General Legal Provisions
These Terms, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms will be governed by the laws of the State of California in the United States, without regard to conflicts of legal principles, as if this Agreement were a contract wholly-entered into and wholly-performed within the State of California. You hereby consent to the exclusive jurisdiction and venue of courts in the County of Los Angeles, California, U.S.A., for all disputes arising out of or relating to accessing or using this Services. Access to, or use of, this Services is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this paragraph. In the event of any legal action to enforce or interpret the terms of this Agreement, the prevailing party in such action shall be entitled to recover its reasonable attorneys' fees and costs. No joint venture, partnership, employment or agency relationship exists between you and Yellow Box Shop Online, or Yellow Box Corporation, as a result of these Terms or use of the Services.
If any provision in these Terms is invalid or unenforceable under applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the remaining provisions will continue in full force and effect, and the invalid unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision. The performance of these Terms by Yellow Box Corporation is subject to existing laws and legal process, and nothing contained in this these Terms is in derogation of Yellow Box Corporation's right to comply with law enforcement requests or requirements.
All rights not expressly granted herein are hereby reserved. These Terms are the entire and final agreement regarding your access to the Services. A printed version of these Terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
- Disclaimer of Warranties & Limitations of Liability
Your consent and agreement to the following disclaimers and limitations is a material inducement for us to permit you to access these Services. Your use of these Services, and the obligations and liabilities of us in respect of your use of these Services, is expressly limited as follows:
- Disclaimer of Warranties
These Services and its content, including all products sold, is provided "as is" and without any warranty whatsoever. We disclaim any and all express and/or implied warranties whatsoever, to the maximum extent permitted by law, including without limitation, the warranties of merchantability, title, non-infringement of third-parties rights, and fitness for particular purpose.
Your use of these Services and products, and/or reliance on any of its content is at your own risk.
Yellow Box Corporation does not warrant that the functions or content contained on these Services will be uninterrupted, accurate or error-free. You, and not Yellow Box Corporation, assume the cost of all necessary servicing, repair, or correction in the event that there is any loss or damage arising from or in connection with the use of these Services or its content. Yellow Box Corporation does not warrant or make any representation whatsoever regarding the use, or the result of use, of the content of this website related to accuracy, reliability or otherwise. The content on these Services may include errors (including, without limitation, technical or typographical errors), and Yellow Box Corporation reserves the right to make changes or improvements to this website at any time, with or without notice.
Neither Yellow Box Shop Online, Yellow Box Corporation, nor any other person or entity associated with the design or maintenance of this website shall be held liable, or responsible in any way, for any damage, loss, injury, or malfunction associated with your use of these Services.
- Limitation of Liability
In no event shall Yellow Box Corporation, and/or its subsidiaries, affiliates, related companies, suppliers, advertisers, sponsors, third-party service providers, and their respective employees, officers, directors, and agents, be liable for any incidental, consequential, punitive, indirect or special damages, (including, without limitation, damages for loss of use, data or profits, arising from or connected in any way with the services, contributions, materials, content, comments, products, services, software, or provision of or failure to provide services, made available or obtained through this services or any third-party website(s), or otherwise arising out of the use of the services) whether based on warranty, contract, tort, negligence, strict liability, or any other legal theory, and whether or not Yellow Box Shop Online, or Yellow Box Corporation, is advised of the possibility of such damages.
Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the limitations set forth in this paragraph may not apply to you. If the foregoing limitations are held inapplicable or unenforceable for any reason, then the maximum liability of Yellow Box Corporation to you for any type of damages suffered by you, or arising out of or in connection with, shall be limited to the total damages for which Yellow Box Corporation shall be liable, which shall be limited to the cost of the item(s) purchased plus shipping, taxes, or duties assessed or collected on customer's behalf (if an applicable order exists), or fifty U.S. Dollars ($50) in aggregate, whichever is the lesser.
- Release and Indemnification
You, on behalf of your successors, assigns, heirs, and personal representatives hereby irrevocably and fully release Yellow Box Corporation, and its subsidiaries, Affiliates and each of their officers, directors, employees, assigns, agents and representatives from and against any and all suits, claims, actions, causes of action, arbitration, liabilities, obligations, damages, losses, penalties or fines known or unknown, arising out of or in connection with (a) your use of the Services; (b) the use of any information accessed by you from the Services; and (c) the use of products sold or used from these Services.
You agree to indemnify, defend and hold harmless Yellow Box Shop Online, and Yellow Box Corporation, its third-party vendors, manufacturers, agents, distributors, corporate affiliates, officers, directors, and employees from and against any and all claims, actions, demands, liabilities, costs and expenses, including, without limitation, reasonable attorney's fees, (a) made by any third-party due to or arising out of any Content Submitted, posted, or otherwise provided by you to the Services, Yellow Box Corporation and/or its third-party licensors, licensees or advertisers, and/or (b) resulting from your breach of any provision of these Terms, any warranty you provide herein, or otherwise arising in any way out of your use of the Services or purchase of the products or services therefrom. Yellow Box Corporation reserves the right to take exclusive control and defense of any such claim otherwise subject to indemnification by you, in which event you will cooperate fully with Yellow Box Corporation in asserting any available defenses.
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. therefore some of the exclusions and/or limitations stated above may not apply to you.
- Third-Party Websites
- Recourse and/or Remedy
If you are dissatisfied with any portion of these Services, or with any of these terms, your sole and exclusive remedy is to discontinue using the Services.
- Disclaimer of Warranties
- Entire Agreement
- Waiver and Severability
- Modification/Termination of Services
In the event of termination of the Services, you will still be bound by your obligations under these Terms and any additional terms, including the warranties made by you, and by the disclaimers and limitations of liability set forth herein. Neither Yellow Box Shop Online nor Yellow Box Corporation shall not be liable to you, or any third-party, for any damages resulting from the termination of your access to the Services, or any portion thereof.
- Entire Agreement
This document was last updated on 03/11/2015
Copyright and Trademarks
All materials on the Services (as well as the organization and layout of the Services) are owned and copyrighted or licensed by Yellow Box Shop Online and/or Yellow Box Corporation, its corporate affiliates or its third-party vendors. No reproduction, distribution, or transmission of the copyrighted materials on the Services is permitted without the written permission of Yellow Box Corporation. Any rights not expressly granted herein are reserved by Yellow Box Corporation.
Yellow Box, Yellow Box Footwear, the "sunflower" logo (and derivatives), and all other related names, logos, product and service names, designs and slogans are trademarks of Yellow Box Corporation, or its affiliates or licensors. Such marks cannot be used without the prior written permission of Yellow Box Corporation.
For more information on any copyrights or trademarks of Yellow Box Corporation, please contact our offices.