Terms of service

Overview

Welcome to Yool. This website and store are operated by Yool Innovations, Inc. ("Yool," "we," "us," or "our"). Yool provides this website, including its information, content, features, tools, products, and related services (collectively, the "Services"), to offer customers a curated shopping experience. The Services are powered by Shopify, which provides the ecommerce platform that enables us to offer the Services.

These Terms of Service (the "Terms"), together with the policies expressly referenced in them, govern your access to and use of the Services and purchases from Yool. Please read them carefully. They contain important provisions concerning orders, warranties, limitations of liability, dispute resolution, and other legal rights and obligations.

By accessing or using the Services, creating an account, or placing an order, you agree to these Terms. If you do not agree, do not use the Services. Our Privacy Policy explains how we collect, use, disclose, and otherwise process personal information. It is a notice of our privacy practices and is not intended to limit any privacy right that cannot lawfully be limited.

Nothing in these Terms excludes, restricts, or modifies any right or remedy that cannot lawfully be excluded, restricted, or modified under applicable consumer-protection law.

Section 1 Access and Accounts

You must be at least the age of majority in your state, province, or territory of residence to create an account or place an order. If you permit a minor to use the Services through a device or account you own or control, you are responsible for that use to the extent permitted by law.

You agree to provide accurate, current, and complete information and to update it as reasonably necessary. You represent that you have the right to provide all information submitted through the Services.

You are responsible for safeguarding your account credentials and for activity conducted through your account, except to the extent caused by Yool's failure to use reasonable security measures or otherwise provided by applicable law. Notify us promptly at support@yoolgoods.com if you suspect unauthorized access. You may not sell, assign, license, or transfer your account.

We may refuse registration, require verification, or suspend or restrict access when reasonably necessary to protect Yool, customers, or the Services; investigate suspected fraud or misuse; comply with law; or enforce these Terms.

Section 2 Our Products

We try to describe and display products accurately. Screen settings, lighting, manufacturing variations, and other factors may cause colors, dimensions, texture, or appearance to differ from images. Product images are illustrative unless expressly stated otherwise.

We may correct descriptions, update products, discontinue products, or limit quantities or availability by person, household, order, geographic area, or jurisdiction. These rights do not permit Yool to avoid an accepted order or any mandatory consumer right. If a material correction affects an accepted order, we will notify you and provide any cancellation or other remedy required by law.

Any product-specific warranty expressly provided by Yool or a manufacturer is in addition to rights that cannot be waived under applicable law.

Section 3 Orders

Submitting an order is an offer to purchase. An automated acknowledgment confirms receipt but does not necessarily constitute acceptance. Yool accepts an order when we send an acceptance or shipping confirmation, or otherwise expressly confirm acceptance. We may decline or cancel an order before acceptance for reasons including unavailability, pricing or description errors, suspected fraud, payment issues, resale activity, shipping restrictions, or legal requirements.

If we cancel an order after payment authorization or capture, we will void the authorization or refund the amount paid for the cancelled portion, subject to normal payment-processing times. We may contact you using the email address, billing address, shipping address, or telephone number supplied with the order.

Review your order before submission. We will try to honor requested changes or cancellations, but cannot guarantee them after processing begins. Your purchases are subject to our Refund Policy, except where applicable law provides greater rights.

Products are offered for personal or household use. You may not purchase for unauthorized resale, export, sanctions evasion, or other unlawful commercial activity. We may impose reasonable quantity limits or reject orders that reasonably appear to violate this restriction.

Section 4 Prices Billing Taxes and Import Charges

Prices, discounts, and promotions may change without notice before an order is placed. Unless stated otherwise, the price applicable to an accepted order is the price shown at checkout, subject to correction of obvious errors as permitted by law. Promotional terms control if they expressly conflict with these Terms.

Shipping charges and applicable taxes are disclosed at checkout. For Canadian orders, duties, brokerage fees, import taxes, or similar government-imposed charges may apply unless checkout expressly states they are included. We will not add undisclosed mandatory non-government charges after checkout. Currency is displayed at checkout; your payment provider may impose conversion or foreign-transaction fees.

You authorize Yool and its payment processors to charge the selected payment method for the order total and any amounts you expressly approve. You represent that you are authorized to use the payment method and agree to provide accurate billing information. Payment authorization does not require us to accept an order.

Section 5 Shipping Delivery Title and Risk of Loss

Yool currently ships to addresses in the United States and Canada where delivery is available. Shipping options, charges, and estimated timeframes are shown at checkout or in our Shipping Policy. Delivery estimates are not guaranteed unless we expressly state otherwise.

We will use commercially reasonable efforts to ship within the stated timeframe. If we cannot ship within the promised timeframe, or within the period required when no timeframe is stated, we will provide the notice, delay option, cancellation right, and refund required by applicable law. Carrier, customs, weather, labor, security, and other events outside our reasonable control may affect delivery after shipment, but do not eliminate rights that applicable law gives you.

For consumer purchases, title and risk of loss pass to you when the product is delivered to you or a person you designate at the delivery address, except to the extent applicable law provides otherwise. A carrier is not your designated recipient merely because Yool selected or engaged it. If you authorize delivery without a signature, delivery to an alternate location, or delivery to another person, risk may pass upon completion of that authorized delivery to the extent permitted by law.

You are responsible for providing a complete and accurate delivery address. If a shipment is returned or requires redelivery because of an address error you supplied or your refusal to accept a conforming delivery, we may charge reasonable additional shipping costs or deduct them from a refund where permitted by law and disclosed in our Refund Policy.

Contact support@yoolgoods.com promptly regarding a delayed, missing, misdelivered, or damaged package. Any request that you notify us within a stated period helps us investigate and is not intended to waive a non-waivable legal right.

Section 6 Intellectual Property

The Services and their content, including text, graphics, images, video, audio, product presentation, software, design, selection, and arrangement, are owned by or licensed to Yool and are protected by applicable intellectual-property laws. Yool's names, logos, product names, designs, and slogans are trademarks of Yool or its licensors. Shopify and third-party marks belong to their respective owners.

Subject to these Terms, Yool grants you a limited, revocable, non-exclusive, non-transferable license to access and use the Services for lawful personal, non-commercial purposes. You may not copy, reproduce, modify, distribute, publicly display, publicly perform, republish, sell, license, create derivative works from, reverse engineer, download, store, or transmit Service content except as enabled by ordinary browser functionality, expressly authorized in writing by Yool, or permitted by law. No other license is granted, and all rights not expressly granted are reserved.

Section 7 Optional and Third Party Tools

We may provide access to tools, integrations, or features supplied by third parties. Unless we expressly state otherwise, Yool does not control or endorse those tools. They may be governed by separate terms and privacy notices.

To the fullest extent permitted by law, optional third-party tools are provided on an "as available" basis without warranties by Yool. Your use is voluntary and at your risk. This provision does not limit liability that cannot lawfully be limited or Yool's responsibility for its own representations or conduct.

New features and tools that Yool provides as part of the Services are subject to these Terms unless separate terms are presented.

Section 8 Third Party Links

The Services may link to or display content, websites, products, or services supplied by third parties. Yool does not control and is not responsible for third-party content, security, availability, practices, or transactions. A link does not imply endorsement.

Review the third party's terms and privacy practices before interacting or transacting with it. Disputes concerning a third party's products or services should ordinarily be directed to that third party. Nothing in this section excludes responsibility that applicable law assigns to Yool.

Section 9 Relationship with Shopify

Shopify provides the ecommerce platform used for the Services, but purchases from the Yool store are transactions between you and Yool. Shopify is not the seller of Yool products. To the fullest extent permitted by law, Shopify and its affiliates are not responsible for Yool products, fulfillment, or the sales contract between you and Yool.

Nothing in these Terms releases a claim that cannot lawfully be released or affects rights you may have under terms directly between you and Shopify.

Section 10 Privacy and Electronic Communications

Our Privacy Policy describes Yool's processing of personal information. Shopify may separately process personal information as described in its privacy materials. Service providers, including Shopify, may process information in jurisdictions outside your state, province, territory, or country, subject to applicable law and contractual safeguards where required.

Transactional messages concerning accounts, orders, security, or requested support are part of providing the Services. Marketing communications are sent only as permitted by applicable law, and you may use the unsubscribe method provided. Unsubscribing from marketing does not prevent necessary transactional messages.

If these Terms conflict with a non-waivable privacy right or an applicable privacy notice requirement, the law and the applicable notice control. Consent to these Terms is not consent to processing for which separate consent is legally required.

Section 11 Feedback Reviews and User Content

If you voluntarily submit a review, image, suggestion, idea, or other content ("User Content"), you retain ownership of any rights you hold. You grant Yool a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to host, store, reproduce, adapt, publish, translate, distribute, display, and otherwise use the User Content in connection with operating, improving, and promoting Yool and the Services. This license continues for content already used or incorporated into materials, subject to applicable privacy and consumer law.

You represent that you have the necessary rights to submit the User Content; that it is accurate as to your experience; that you will disclose material incentives or relationships; and that it does not violate law, these Terms, or another person's rights. You may not submit unlawful, deceptive, defamatory, infringing, obscene, abusive, or malicious content or malware.

We may moderate, decline, remove, or retain User Content in our reasonable discretion, subject to law. We are not obligated to keep submissions confidential, pay for them, publish them, or respond. We may use consumer reviews only in a manner consistent with applicable law and will not restrict an honest review merely because it is unfavorable.

Section 12 Errors Inaccuracies and Omissions

Information on the Services may occasionally contain errors or omissions involving descriptions, pricing, promotions, availability, shipping charges, or transit times. We may correct errors and update information. Before order acceptance, we may reject or cancel an affected order. After acceptance, we may make a material change or cancel only as permitted by applicable law, and will provide notice and any required refund or choice.

If an obviously incorrect price or material description affected your order, we may contact you to confirm whether you wish to proceed at the correct price or with the corrected information. We will not charge a higher price without your express agreement.

Section 13 Prohibited Uses

You may use the Services only for lawful purposes and in accordance with these Terms. You may not:

·    violate law or another person's rights;

·    engage in fraud, deception, harassment, abuse, threats, defamation, impersonation, or harmful conduct;

·    introduce malware or interfere with the operation, integrity, security, or availability of the Services;

·    bypass access controls, rate limits, robot exclusions, CAPTCHAs, or other security measures;

·    scrape, harvest, extract, or collect content or personal information by automated or manual means except with our written authorization or as permitted by law;

·    use the Services or their content to train, develop, or improve an artificial-intelligence or machine-learning model without our written authorization;

·    send spam, phishing messages, chain letters, or unauthorized advertising;

·    reproduce, resell, or commercially exploit the Services or their content except as expressly authorized; or

·    assist or attempt any prohibited conduct.

Ordinary use of a standard web browser, assistive technology, or a search-engine crawler that complies with our published instructions is not prohibited merely because it uses automation.

Section 14 Automated Agents

For this section, an "Agent" is software that takes autonomous or semi-autonomous actions for a person or entity, including an AI agent, purchasing agent, bot, or automated browser. An ordinary browser feature or assistive technology used under direct human control is not an Agent solely for that reason.

An Agent may access or interact with the Services only if Yool has authorized that category of access or the access is otherwise permitted by law. Yool may condition, rate-limit, block, or revoke Agent access and may require use of a designated interface or API.

An authorized Agent must:

·    accurately identify itself in requests using the identification method Yool specifies, including an accurate user-agent string where applicable;

·    not impersonate a human, conceal automation, defeat CAPTCHAs, evade blocks, rotate identifiers to avoid limits, or circumvent access controls;

·    comply with robots instructions, technical documentation, rate limits, and written restrictions;

·    truthfully respond to mechanisms designed to identify automated access;

·    avoid collecting personal information or restricted content except as authorized and lawful; and

·    not place an order, accept legal terms, provide consent, or make a representation for a person unless that person has authorized the Agent to do so.

If you deploy or authorize an Agent, you are responsible for its instructions and actions to the extent permitted by law. Yool may require verification before relying on an Agent's transaction or instruction and may reject, suspend, or cancel activity reasonably suspected to be unauthorized, fraudulent, erroneous, or noncompliant. Yool does not guarantee that the Services will function with any Agent.

Section 15 Suspension and Termination

You may stop using the Services at any time. We may suspend, restrict, or terminate access when reasonably necessary to enforce these Terms, protect the Services or others, address fraud or security concerns, comply with law, or discontinue the Services. When reasonably practicable, we will provide notice; however, immediate action may be necessary for security, fraud, legal, or operational reasons.

Termination does not affect accepted orders unless we separately cancel them in accordance with these Terms and applicable law. Accrued payment obligations and provisions that by their nature should survive will continue, including provisions concerning intellectual property, User Content licenses, disclaimers, liability limits, indemnification, disputes, and general contract terms.

Section 16 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, AND EXCEPT FOR ANY EXPRESS WRITTEN WARRANTY PROVIDED BY YOOL, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE." YOOL DISCLAIMS IMPLIED WARRANTIES RELATING TO THE SERVICES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. YOOL DOES NOT WARRANT THAT THE SERVICES WILL ALWAYS BE AVAILABLE, SECURE, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS.

PRODUCTS MAY ALSO BE SUBJECT TO EXPRESS OR IMPLIED WARRANTIES THAT CANNOT BE DISCLAIMED OR LIMITED UNDER APPLICABLE LAW, INCLUDING CONSUMER-GOODS WARRANTIES AND STATUTORY GUARANTEES. NOTHING IN THESE TERMS DISCLAIMS, EXCLUDES, OR LIMITS THOSE RIGHTS. PRODUCT-SPECIFIC REPRESENTATIONS AND EXPRESS WARRANTIES, IF ANY, APPEAR ON THE PRODUCT PAGE, PACKAGING, OR ACCOMPANYING MATERIALS.

Information provided through the Services is general information and is not professional advice. You are responsible for evaluating whether a product is suitable for your intended use, subject to any representation or warranty Yool makes and your mandatory legal rights.

Section 17 Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, YOOL AND ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS, AND SERVICE PROVIDERS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES, OR FOR LOST PROFITS, REVENUE, SAVINGS, DATA, OR GOODWILL, ARISING FROM OR RELATED TO THE SERVICES OR PRODUCTS, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED THAT SUCH DAMAGES WERE POSSIBLE.

TO THE FULLEST EXTENT PERMITTED BY LAW, YOOL'S AGGREGATE LIABILITY ARISING FROM OR RELATED TO A PRODUCT, ORDER, OR THE SERVICES WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO YOOL FOR THE PRODUCT OR ORDER GIVING RISE TO THE CLAIM OR (B) US $100.

THESE LIMITATIONS DO NOT APPLY TO LIABILITY THAT CANNOT LAWFULLY BE EXCLUDED OR LIMITED, INCLUDING, WHERE APPLICABLE, LIABILITY FOR FRAUD, WILLFUL MISCONDUCT, GROSS NEGLIGENCE, DEATH OR PERSONAL INJURY CAUSED BY NEGLIGENCE, VIOLATION OF NON-WAIVABLE CONSUMER RIGHTS, OR ANY OTHER LIABILITY FOR WHICH A LIMITATION IS PROHIBITED. SOME JURISDICTIONS DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU.

Section 18 Indemnification

To the fullest extent permitted by law, you will indemnify and defend Yool and its affiliates, officers, directors, employees, and agents against third-party claims, losses, liabilities, damages, judgments, and reasonable legal fees arising from your unlawful or willful misuse of the Services; your material breach of Sections 6, 11, 13, or 14; or User Content that infringes another person's rights.

This obligation does not apply to the extent a claim results from Yool's negligence, willful misconduct, breach of these Terms, or violation of law, and it does not require an individual consumer to indemnify Yool for ordinary, good-faith personal use of a product or the Services. Yool will give reasonably prompt notice of an indemnified claim and may control its defense with counsel of its choice. You will reasonably cooperate. Yool will not agree to a settlement that imposes an admission of fault or a non-monetary obligation on you without your consent, not to be unreasonably withheld.

Section 19 Severability

If a provision of these Terms is found unlawful, void, or unenforceable, it will be enforced to the maximum extent permitted and, if necessary, severed or modified as narrowly as permitted. The remaining provisions will remain in effect. A court may decline modification where applicable law instead requires the entire provision to be void.

Section 20 Waiver and Entire Agreement

A failure or delay by Yool to enforce a provision is not a waiver. A waiver must be in writing and applies only to the specific instance stated.

These Terms and the policies and product-specific terms expressly incorporated into them form the entire agreement between you and Yool concerning the Services and purchases, except for any separate written agreement signed by Yool. If incorporated terms conflict, product-specific or transaction-specific terms control for that product or transaction, followed by these Terms, unless applicable law requires otherwise.

Nothing in this section excludes a representation, warranty, right, or remedy that cannot lawfully be excluded. No ambiguity will automatically be construed against either party solely because that party drafted the language.

Section 21 Assignment

You may not assign or transfer these Terms or your account without Yool's prior written consent. Yool may assign these Terms to an affiliate or in connection with a merger, reorganization, financing, sale of assets, or transfer of the Services, provided the assignment does not reduce non-waivable consumer rights. Any other assignment by Yool will be made as permitted by law. Unauthorized attempted assignments are void to the extent permitted by law.

Section 22 Governing Law and Disputes

Except where the law of your place of residence mandatorily applies, these Terms and disputes between you and Yool are governed by California law, without regard to conflict-of-laws principles.

Except where applicable law gives you the right to bring a claim elsewhere, the state courts located in Los Angeles County, California, and the United States District Court for the Central District of California will have exclusive jurisdiction, and you and Yool consent to personal jurisdiction in those courts. You may bring an eligible individual claim in small claims court in any venue permitted by applicable law.

If you are a consumer, this section does not deprive you of mandatory protections or access to courts or tribunals in your state, province, territory, or country of residence. In particular, Canadian consumers retain all non-waivable rights and remedies under applicable federal, provincial, and territorial law. Nothing in these Terms requires arbitration or waives a right to participate in a class proceeding where such a waiver would be prohibited or unenforceable.

Before filing a claim, you and Yool are encouraged, but not required where prohibited by law, to send a written description of the issue and requested resolution and allow 30 days for an informal response. Notices to Yool may be sent to support@yoolgoods.com or the mailing address in Section 25. This informal process does not extend a limitation period unless the parties agree in writing or law provides otherwise.

Section 23 Headings and Interpretation

Headings are for convenience only. "Including" means "including without limitation." The singular includes the plural where context permits. Electronic records and signatures may be used as permitted by law. If these Terms are translated, the English version controls to the extent permitted by law; mandatory language laws and rights remain unaffected.

Section 24 Changes to These Terms

The current version of these Terms will be posted on this page with its effective date. We may revise these Terms prospectively to reflect changes to the Services, business practices, law, security needs, or other legitimate reasons.

Material changes will be communicated in the manner and with the advance notice required by applicable law. Unless law permits otherwise, changes do not retroactively alter an accepted order or a dispute that arose before the new effective date. If affirmative consent is legally required, the change will apply only after that consent is obtained. Continued use after the effective date constitutes acceptance only to the extent permitted by law. If you do not agree to revised Terms, you must stop using the Services.

Section 25 Contact Information

Questions about these Terms or the Services may be sent to:

Yool Innovations, Inc.

11135 Rush St., Unit ESouth El Monte, CA 91733 United States

support@yoolgoods.com