YOPE Terms of Use

The nitty-gritty of YOPE services and terms

Below is every last detail of your membership. If you have any questions feel free to reach out to our team!

Last Updated: July 27, 2020

Welcome to YOPE! We are a subscription service that provides our users with access to financial education video modules streamed and financial consultation. These Terms of Use are entered into by and between YOPE, LLC., A New York Limited Liability Company (“YOPE”, “company”, “Us”), and its Users and visitors to the Sites, and together with the Privacy Policy, govern those persons’ access to the Sites, as well as any content or functionality of the Services, whether as a visitor or a User. 

By accessing or using the Service, you agree to comply with and be bound by the terms and conditions set forth in this user agreement (the “Terms” or “Agreement”), whether or not you become a registered user of the Service. Failure to use the Service in accordance with these Terms and Privacy Policy may subject you to civil and criminal penalties.

INFORMATION PROVIDED TO MEMBERS OR USERS IS FOR GENERAL EDUCATIONAL PURPOSES ONLY AND IS NOT INVESTMENT OR FINANCIAL ADVICE. NOTHING SAID TO MEMBERS SHOULD BE CONSIDERED AN OFFER, SOLICITATION OF AN OFFER, OR ADVICE TO BUY OR SELL SECURITIES. MEMBERS MUST DO THEIR DUE DILIGENCE. IF YOU DO AGREE TO THESE TERMS AND CONDITIONS OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE.

Changes 

Company reserves the right to change or modify these Terms at any time and in our sole discretion. If we make changes to these Terms, we will provide notice of such changes, such as by sending an email notification, providing notice through the Sites or updating the “Last Updated” date at the beginning of these Terms. By continuing to access or use the Sites or order, receive or use Services, you confirm your acceptance of the revised Terms and all of the terms incorporated therein by reference. We encourage you to review the Terms frequently to ensure that you understand the terms and conditions that apply when you access or use the Sites or order, receive or use the Services. 

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter. 

Minors

By accessing and using the Service, you represent, warrant, and affirm that you are at least 18 years of age, an emancipated minor, or have acquired a parent or guardian’s consent. The Service is not intended to be accessed or utilized by children less than 18 years of age. If your use of the Service is illegal or otherwise prohibited in the jurisdiction where you are located, you are prohibited from accessing and utilizing the Service. If you are accessing the Service on behalf of some other entity, you represent and warrant that you are authorized to do so.



Your Personal Data Rights & General Data Protection Regulation (GDPR)

How we use your data and your data privacy rights are covered under our Privacy Policy (Insert Web address) and are hereby integrated into these Terms and Conditions. If you have questions concerning your data rights and our obligations under the GDPR please consult our Privacy Policy. Our Privacy Policy covers a variety information about your data rights including but not limited to our obligations and rights as a processor, obligations and rights of the controller, subject matter of data processing, duration of data processing, nature and purpose of data processing, type of personal data collected, categories of data subjects collected, and special categories of personal data collected.

YOPE Service

Company makes available an online-based personal finance subscription service called YOPE. You may purchase a paid Membership for one or more of the services or products offered by the Company. Your paid Membership will only give you access to the particular Company product for which you have registered. Although the Company in its discretion may allow users to use one or more of its other Services if you meet requirements, you will not be a Member of those other Services without registering for it specifically.

  1. The price and payment procedures are permanently accessible on the Websites.
  2. All prices stated include all relevant local taxes.
  3. We reserve the right to change the cost of any of our Services. If you are not happy with the cost of any Services, you may cancel your Membership in accordance with these Terms & Conditions.
  4. All Return Shipping fees are paid by the Customer.  
  5. To the extent permitted by applicable laws and regulations, no refunds will be offered (except in exceptional circumstances such as major service failures). There will be no refund of any payment made by you for a paid Membership if you haven’t cancelled your contract according to these Terms & Conditions.

YOPE Content

You may view YOPE content through the YOPE service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such YOPE content. YOPE will use technologies to verify your geographic location. The number of devices on which you may simultaneously watch is limited. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.

We continually update the YOPE service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, and promotional features, availability of YOPE content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.

Some YOPE content is available for temporary streaming and offline viewing on certain supported devices (“offline titles”). Limitations apply, including restrictions on the number of offline titles per account, the maximum number of devices that can contain offline titles, the time period within which you will need to begin viewing offline titles and how long the offline titles will remain accessible. Some offline titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that offline title, the offline title will not be playable while you are in that country.

The availability of YOPE content to watch will change from time to time, and from country to country. The quality of the display of the YOPE content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your internet connection. Hd, ultra hd and hdr availability is subject to your internet service and device capabilities. Not all content is available in all formats, such as hd, ultra hd or hdr. Default playback settings on cellular networks exclude hd, ultra hd and hdr content. The minimum connection speed for sd quality is 0.5 mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 mbps per stream is recommended to receive hd content (defined as a resolution of 720p or higher). A download speed of at least 25.0 mbps per stream is recommended to receive ultra hd (defined as a resolution of 1080p or higher) and hdr content. You are responsible for all internet access charges. Please check with your internet provider for information on possible internet data usage charges. YOPE makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching YOPE content will vary based on a number of factors, including your location, available bandwidth at the time, the YOPE content you have selected and the configuration of your device.

Financial Consultant

YOPE assigns members with a Financial Consultant. Financial Consultants are employed by YOPE. Financial Consultants provide guidance and support to members. Members are assigned Financial Consultants based on that members module purchases coupled with what that member writes in their profile pertaining to what area(s) of personal finance they need help with. 

Members are given three free 30 minute consultations within 365 days of joining YOPE- which renews annually. Members are limited to one free 30 minute consultation every 30 days.

INFORMATION PROVIDED BY FINANCIAL CONSULTANTS TO MEMBERS IS FOR GENERAL EDUCATIONAL PURPOSES ONLY AND IS NOT INVESTMENT OR FINANCIAL ADVICE. NOTHING SAID TO MEMBERS SHOULD BE CONSIDERED AN OFFER, SOLICITATION OF AN OFFER, OR ADVICE TO BUY OR SELL SECURITIES. MEMBERS MUST DO THEIR DUE DILIGENCE.

We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.



Membership, Billing and Cancellation

Your YOPE membership will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the YOPE service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.

Differing Memberships

We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.

Billing

By starting your YOPE membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the YOPE service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.

Price Changes

We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.

No Refunds

There are no refunds or credits for partially used periods. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.

Payment Methods

You may edit your Payment Method information by visiting our website and clicking on the “Edit Account Details” link then click “Update Billing Info”, available in your “Dashboard” and at the top of the pages of the YOPE website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges.

Automatic Renewal

We automatically renew all paid Memberships before the expiry of the term of the paid Membership (where permitted by applicable law). When you first subscribe for your paid Membership, you acknowledge that when your paid Membership expires it will automatically renew for the duration and at the cost indicated to you at your initial purchase. Where required by applicable law, the renewal date will be specified in a renewal notice provided to you. If you do not want your paid membership to automatically renew, you must cancel your paid membership in accordance with the process set out below in these terms & conditions.

Cancellation of Automatic Renewal

If you are a paying Member and you did not cancel your paid you may apply for cancellation at the latest 24 hours before the date of renewal of the subscription. If you cancel your paid membership less than 24 hours before the expiry of the term of your paid Membership, your paid membership will be automatically renewed in accordance with these terms & conditions (where allowed by applicable law).

The cancellation of your paid membership will be effective upon the expiry of the relevant paid period and you will have full use of our services until that time. No refund is applicable unless applicable law or these terms & conditions otherwise provide.

Cancellation of Your Membership by the Company

If we cancel a Member’s Membership for that Member’s breach of these Terms & Conditions, the Member shall not be entitled to a refund for the period remaining to elapse until the expiry of the account, without prejudice to any damages sought by us as compensation for the loss suffered.

If we cancel a Member’s Membership in its sole discretion for reasons other than that Member’s breach of these Terms & Conditions, the Member shall be entitled to a refund for the period remaining to elapse until the expiry of the account. 

WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED YOPE CONTENT. 

If you signed up for YOPE using your account with a third party as a Payment Method, and wish to cancel your YOPE membership at any time you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the YOPE service through that third party. You may also find billing information about your YOPE membership by visiting your account with the applicable third party.

 

Accounts and Registration

To access some features of the Web Browser or Application, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, credit card information, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. When you register, you will be asked to provide a password. You are solely responsible for maintaining the confidentiality of your account and password, or other third-party login. You accept responsibility for all activities that occur under your account. If you have reason to believe that your account is no longer secure, you must immediately notify us via our Help Center.

The Relationship between Us and Our Users

Company is neither a Program provider nor an educational institution. Users are not employees of Company. Company is not responsible for interactions between Users. 

User Code of Conduct

In using the Services, you must behave in a civil and respectful manner at all times. 

By using the interactive features and areas of the Sites, you further agree not to create, post, share or store any of the following:

  • User Content that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
  • Content that may violate any applicable Federal, State, Local, or International law or regulation;
  • User Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party or otherwise create liability or violate any local, state, national or international law;
  • User Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
  • User Content that contains or depicts any statements, remarks or claims that do not reflect your honest views and experiences;
  • User Content that impersonates, or misrepresents your affiliation with, any person or entity;
  • User Content that contains any unsolicited promotions, political campaigning, advertising or solicitations;
  • User Content that contains any private or personal information of a third party without such third party’s consent;
  • User Content that references alcohol irresponsibly, such as references to overconsumption or use by minors;
  • User Content that contains any viruses, corrupted data or other harmful, disruptive or destructive files or content; or
  • User Content that, in our sole judgment, is objectionable or that restricts or inhibits any other person from using or enjoying the Sites or Services, or that may expose Company or others to any harm or liability of any type.

Although we have no obligation to screen, edit or monitor User Content, we reserve the right, and have absolute discretion, to remove, screen or edit User Content posted or stored on the Sites at any time and for any reason, and you are solely responsible for creating backup copies of and replacing any User Content you post or store on the Sites at your sole cost and expense.

Deletion

You may delete your account at any time. 

Accounts on the Free plan may be deleted from the Sites if they remain inactive (i.e., the user fails to log in) for a continuous period of at least six (6) months. 

Accounts on paid plans will remain active unless you explicitly ask us to delete it when you cancel your paid plan. 

Upon termination, all licenses granted by Company will terminate. In the event of account deletion for any reason, your Program content may no longer be available. Company is not responsible for the loss of such content.

Content Rights and Licenses

The Sites, and all Content other than User Content and all software available on the Sites or used to create and operate the Sites, is and remains the property of Company, and is protected under the Copyright Act of 1976, as amended, and other intellectual property laws of the United States and any foreign jurisdiction where the Sites are accessed, and all rights to the Sites, such Content, and such software are expressly reserved. 

All trademarks and service marks, whether registered or unregistered, as well as product names and company names or logos, displayed or mentioned on the Sites are the property of their respective owners. 

You must not use such marks without the prior written permission of the owner of the marks. Reference to any products, services, processes, or other information, by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, or recommendation thereof by Company.

Limited License for Services

User Content is and remains that User’s property, and Company’s only right to that User Content is the limited licenses to it granted in these Terms of Use. 

Company grants you a limited, non-exclusive license to access and use the Services for your own personal and commercial purposes. This license is personal to you and may not be assigned or sublicensed to anyone else. Except as expressly permitted by Company in writing, you will not reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble the Services. Nor will you take any measures to interfere with or damage the Services. All rights not expressly granted by Company are reserved.

Limited License to Company

While Company does not claim any ownership interest in your User Content, we do need the right to use your User Content to the extent necessary to operate the Sites and provide the Services, now and in the future. 

By posting or distributing Content to or through the Sites, each User grants to Company, and its affiliates and subsidiaries, a non-exclusive, royalty-free, transferable, worldwide license and right to display, publicly perform, reproduce, distribute, publish, modify, adapt, create derivative works of, and otherwise use such User Content that you upload, transmit, or post on the Sites or through the Services, in the manner in and for the purposes for which the Sites from time to time uses such User Content. 

If your User Content is intended for the use by other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Sites, as described in the section titled Company’s Limited License of Content to Users.

Limited License to Copy Content

Company grants to Users a limited, revocable, non-exclusive, non-sublicensable license to access the Sites and to view, copy, and print the portions of the Content available to Users on the Sites. 

Such license is subject to these Terms of Use, and specifically conditioned upon the following:

  • Users may only view, copy, and print such portions of the Content for their own personal use;
  • Users may not modify or otherwise make derivative works of the Sites or Content, or reproduce, distribute, or display the Sites or any Content (except for page caching) except as expressly permitted in these Terms of Use;
  • Users may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content;
  • Users may not use the Sites or Content other than for their intended purposes.

Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms of Use may be construed as conferring any license to intellectual property rights, whether by estoppels, implication, or otherwise. 

Company may revoke this license at any time for any reason or no reason, and shall not be liable to any User for any purported interference with business or contractual relations, in tort or otherwise.



Intellectual Property

Users may not engage in any activity on or through the Sites, including transmitting or using User Content that infringes or otherwise makes unauthorized use of another party’s copyright, trademark, or other intellectual property or proprietary rights. 

We will respond to legitimate requests made pursuant to the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA”) and trademark law, and we retain the right to remove Content from the Sites that Company believes in good faith infringes on any third party’s intellectual property rights upon notice from the owner of such intellectual property, or their agent. 

Reproduction and Downloading

You agree to use the YOPE service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these terms of use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the YOPE service without express written permission from YOPE, LLC. 

You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the YOPE service; use any robot, spider, scraper or other automated means to access the YOPE service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the YOPE service; insert any code or product or manipulate the content of the YOPE service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the YOPE service, including any software viruses or any other computer code, files or programs.

Consent to ESIGN and Electronic Communications

This Consent to ESIGN and Electronic Communications (“E-Sign Consent”) constitutes your consent to receive disclosures, communications and other information in electronic form from YOPE, LLC. (“Company”) and its affiliates and third-party providers.

“We”, “us” and “our” refers to Company, and their affiliates. “You” or “your” refers to the person providing this consent. “Communications” means any membership agreements and other customer agreements, disclosures, privacy policies, bank account statements, transaction histories, loan applications, loan agreements, notices, responses to claims, fee schedules, and all other information in connection with your Company account and related products or services, including but not limited to information that we are required by law to provide to you in writing, such as Truth in Lending Act disclosures and tax forms.  

Consumer Consent:

Before completing any transaction with us, you will be asked to agree to this E-Sign Consent, which constitutes your agreement to the following:

  • We may provide disclosures required by law and any other information concerning your legal rights and duties and your account and related products and services to you electronically.
  • Your electronic signature on agreements and documents has the same effect as if you physically signed the document with a pen.
  • You will not contest the legal effectiveness, validity, enforceability or use of the electronically stored copies of any agreements electronically signed by you based on the fact that the terms were accepted electronically.
  • You have the hardware and software and other technology described in the “Minimum Requirements” section below necessary to receive, review, download and save any Communications sent electronically. 
  • You have an active email account and have provide us with correct and up-to-date information relating to that account.

This consent applies to any transaction undertaken through Company in the past, to all future disclosures and communications on your account, to all future transactions with us, and to other Communications that we provide to you electronically.

Your consent is effective immediately and will remain in effect until you tell us that you no longer agree to receive Communications electronically by sending us notice in the manner described in the “Withdrawing Consent; Paper Communications” section below.

Minimum Requirements

To electronically receive, view and save or print the Communications, you must have a personal computer or mobile device with a connection to the internet that is equipped with the following, and an operating system that supports these requirements:

  • A current version of Google Chrome, Mozilla Firefox, Microsoft Internet Explorer, Safari or other internet browser that we support 
  • Adobe Acrobat Reader installed on your device or the ability to view Hyper Text Markup Language (HTML)
  • Either a printer, a hard drive or other storage device

We will provide you with notice of any significant change in the hardware or software requirements needed to access or retain Communications electronically.  Your continued use of our electronic services after receiving notice of updates to these requirements constitutes your acceptance of the changes and your reaffirmation of this E-Sign Consent.

Withdrawing Consent; Paper Communications 

Prior to creating a Company account, you may withdraw your consent to electronic disclosures by exiting the Site or the App. Additionally, you are free to withdraw your consent to receive electronic Communications at any time if you choose to. You agree that if you withdraw your consent or request paper copies of Communications, we may close your Company account or otherwise restrict, revoke or terminate your account and your access to other products and services we provide, subject to the terms of any additional agreement we have with you. Such termination does not exterminate any obligations you may have to Company, Meta or their affiliates. To the extent permitted by law, we may also charge you a reasonable service charge for the delivery of paper copies of any Communication.

If you decide to withdraw your consent, the legal effectiveness, validity and/or enforceability of prior electronic Communications will not be affected.

Legal Effect

Your consent to this E-Sign Consent means that Communications we provide to you electronically shall have the same effect as if provided in paper form. A message alerting you that Communications are available electronically, provided that the Communications are made available electronically, shall have the same meaning as if we had provided them to you in paper form, regardless of whether you actually view them, unless you have withdrawn your consent pursuant this E-Sign Consent, prior to receiving such Communications.

DISPUTE PROCESS

THESE CLAUSES CONTAIN MANY OF YOUR RIGHTS IN CASE OF A DISPUTE, PLEASE REVIEW THESE RIGHTS CAREFULLY. 

Assumption of Risk

You are solely responsible for ensuring that your use of the Sites complies with applicable law and does not violate the rights of any third party, including, without limitation, intellectual property rights. 

You assume all liability for any claims, suits or grievances filed against you, including, but not limited to, all damages related to your use of the Sites.

Process

    1. CONTACT US – You agree to contact us with your complaint prior to filing for any arbitration. 

 

  • FILE COMPLAINT – You and Company agree that any dispute must be commenced or filed by you or Company within one (1) year of the date the dispute arose, otherwise the underlying claim is permanently barred (which means that you and Company will no longer have the right to assert such claim regarding the dispute). 
  • ARBITRATION – You and Company agree that (a) any arbitration will occur in the State of New York, (b) arbitration will be conducted confidentially by a single arbitrator in accordance with the rules of the Judicial Arbitration and Mediation Services (“JAMS”), which are hereby incorporated by reference, and (c) that the state or federal courts of the State of New York and the United States, respectively, have exclusive jurisdiction over any appeals and the enforcement of an arbitration award. You may also litigate a Dispute in the small claims court located in the county of your billing address if the Dispute meets the requirements to be heard in small claims court.

 

 

California Civil Code Section 1789.3 Compliance

Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about Company must be addressed to our agent for notice and sent via certified mail to that agent. For our agent’s most current contact information, please send a request to staff@YOPE.club

California websites users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 400 R Street, Suite 1080, Sacramento, California, 95814, or by telephone at (916) 445-1254 or (800) 952-5210.

Communications

You consent to receive electronic communications, and you agree that all agreements, notices, disclosures, and other communications we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communication be in writing. 

You hereby agree to the use of electronic signatures, contracts, orders, and other records, and to electronic delivery of notices, policies, and records of transactions initiated or completed by us or via the site. 

Third Party Integration

In providing the Service, Company makes available various third party tools to process payments (i.e. Stripe or PayPal). Company is not responsible for and cannot be held liable for the performance of any third party services, the security of their service, or their collection or use of any of your information.

Disclaimer of Warranties

COMPANY DOES NOT WARRANT THAT ANY CONTENT ON THE SITE, DOCUMENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE CONTENT IN THIS SITE COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. COMPANY CANNOT ENSURE THAT ANY FILES, DOCUMENTS OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE. COMPANY DOES NOT VERIFY FOR ACCURACY ANY FINANCIAL INFORMATION PROVIDED TO US FROM THIRD-PARTIES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM USED IN CONNECTION WITH THE SERVICE) OR LOSS OF DATA THAT RESULTS FROM THE USE OF THE SERVICE OR THE DOWNLOAD OR USE OF SUCH MATERIALS OR CONTENT.SOME JURISDICTIONS MAY PROHIBIT A DISCLAIMER OF WARRANTIES AND THEREFORE THIS DISCLAIMER WOULD NOT BE APPLICABLE IN THOSE JURISDICTIONS. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM JURISDICTION TO JURISDICTION.YOUR SOLE REMEDY AGAINST COMPANY FOR DISSATISFACTION, IS TO STOP USING THE SITE OR ANY SUCH CONTENT.

Limitation of Liability

To the fullest extent permitted by applicable law, in no event shall the Company parties be liable for any indirect, special, incidental, or consequential damages of any kind (including, but not limited to, loss of revenue, income or profits, loss of use or data, loss or diminution in value of assets or securities, or damages for business interruption) arising out of or in any way related to the access to or use of the sites or content (including, but not limited to, user content, third party content and links to third party sites), or the order, receipt or use of any product, or otherwise related to these terms (including, but not limited to, any damages caused by or resulting from reliance on any information obtained from any Company party, or from events beyond the Company parties’ reasonable control, such as site interruptions, deletions of files or emails, errors or omissions, defects, bugs, viruses, trojan horses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to the Company parties’ records, programs or systems), regardless of the form of action, whether based in contract, tort (including, but not limited to, simple negligence, whether active, passive or imputed) or any other legal or equitable theory (even if the party has been advised of the possibility of such damages and regardless of whether such damages were foreseeable).

Indemnification

To the fullest extent permitted by applicable law, you agree to indemnify, defend and hold harmless Company, and our respective past, present and future employees, officers, directors, contractors, consultants, equity holders, suppliers, vendors, service providers, parent companies, subsidiaries, affiliates, agents, representatives, predecessors, successors and assigns (individually and collectively, the “Company Parties”), from and against all actual or alleged Company Party or third party claims, damages, awards, judgments, losses, liabilities, obligations, penalties, interest, fees, expenses and costs of every kind and nature whatsoever, whether known or unknown, foreseen or unforeseen, matured or unmatured, or suspected or unsuspected, in law or equity, whether in tort, contract or otherwise (collectively, “Claims”), including, but not limited to, damages to property or personal injury, that are caused by, arise out of or are related to 

  1. Any use or misuse of the Sites, Content or Services by you or any third party you authorize to access or use such Sites, Content or Services, 
  2. Any User Content you create, post, share or store on or through the Sites or our pages or feeds on third party social media platforms, 
  3. Any Feedback you provide, 
  4. Your violation of these terms, and your violation of the rights of another. 

You agree to promptly notify Company of any third party Claims, cooperate with the Company Parties in defending such Claims and pay all fees, costs and expenses associated with defending such Claims (including, but not limited to, attorneys’ fees and expenses, court costs, costs of settlement and costs of pursuing indemnification and insurance). 

You further agree that the Company Parties shall have control of the defense or settlement of any third party Claims. This indemnity is in addition to, and not in lieu of, any other indemnities set forth in a written agreement between you and Company.

Children

This Site is not directed at individuals under the age of eighteen (18) or individuals under the age of nineteen (19) in the state of Alabama. Company does not knowingly collect personal information from any individual under the age of eighteen (18) or under the age of nineteen (19) in the state of Alabama at this Site.

Collection and Use of Bank Account Information

As part of our information collection and underwriting processes, in addition to any bank account information that you provide to us directly, we may receive information on additional bank accounts in which you have an ownership interest through third-parties. We may consider these additional accounts to be part of the application process and may use the information on these additional accounts in determining your eligibility for a loan or extension of credit, and as applicable criteria bearing on creditworthiness. By applying, you authorize us to use all information received as part of our scoring and underwriting processes, including all bank accounts in which you have an ownership interest for this purpose.

Consumer Credit Inquiry and Reporting Agreement

I authorize YOPE, LLC., agents, contractors, employees, successors, assigns and affiliates (collectively, “Company”) to contact any persons or companies, including credit reporting agencies, to verify information Company may require now, and in the future, while attempting or providing financial, investment and credit services for or to me or collecting any debt due. I also authorize and consent to Company using such information for other purposes, including obtaining applicable criteria bearing on my creditworthiness, to administer any loan or account I may obtain, for other credit-related purposes connected with any loan or account I may obtain or maintain, to offer other products and services, and for any other uses and purposes permitted by law. Company may make inquiries and requests and receive credit reports, including credit history and standing, from time to time pertaining to me from any consumer credit reporting agency. I understand, acknowledge and agree that Company’s inquiries concerning my credit history and standing, and requests to receive credit reports, may appear on my credit report and may affect or impact my credit score. I agree that information concerning any loan or extension of credit I receive may be reported to consumer credit reporting agencies. Late payments, missed payments or other defaults may be reflected in my credit report. Nothing herein contained shall require Company to extend credit to me.
I acknowledge and agree that I have the right to obtain a copy of my credit report from a consumer reporting agency, that I may be charged a reasonable fee, and that I have a right to dispute inaccurate information by contacting the consumer reporting agency directly.

Identity Theft

If you are a victim of identity theft and provide to a Credit Reporting Agency (CRA) a copy of a valid police report or a valid investigative report made by a Department of Motor Vehicles investigator with peace officer status describing your circumstances, the following shall apply:

  • You may request that any information listed on the report as allegedly fraudulent be blocked so that it cannot be reported. The CRA must promptly notify you if the information is blocked.
  • Information may be unblocked, based upon a preponderance of evidence. The permanently blocked information shall be unblocked if the information was blocked due to a material misrepresentation of the facts by you or fraud, or if you agree that the information is blocked in error, or if you knowingly obtained possession of goods, services, or moneys as a result of the blocked transactions. The CRA must promptly notify you if the information is unblocked.

Entire Agreement

These Terms of Use incorporate by reference any notices contained on the Sites, including within the Privacy Policy, and constitute the entire agreement with respect to access to and use of the Sites, Services, and Content. 

Severability 

If any provision of these Terms of Use is deemed unlawful, void, or unenforceable by a court of law exercising proper jurisdiction, that provision shall be deemed severed from the remaining provisions and shall not affect their validity and enforceability. 

No Waiver 

No waiver of any provision hereof shall be valid unless in writing signed by the parties. Any failure to enforce any right or remedy hereunder shall not operate as a waiver of the right to enforce such right or remedy in the future or of any other right or remedy.

Arbitration

You and Company agree to arbitrate Disputes through binding arbitration. You and Company agree to waive your and Company’s respective rights to have any and all Disputes arising from or related to these Terms, or the Sites, Content or Services (including, without limitation, Third Party Purchases), resolved in a court, and to waive your and Company’s respective rights to a jury trial. 

No Class Actions

You and Company agree that there will be no class arbitration or arbitration in which an individual attempts to resolve a Dispute as a representative of another individual or group of individuals. 

 

Governing Law and Venue – New York 

Any Dispute between the parties that is not subject to arbitration, shall be resolved in the state or federal courts of the State of New York and the United States, respectively, sitting in the State of New York. 

Contact

YOPE, LLC.

PO Box 151 New York, NY 10026

Email: Staff@YOPE.club



 

Yope Terms and Agreements

YOPE Terms of Use

Overview:

Welcome to YOPE! We are a subscription service that provides our users with access to financial education video modules streamed over the internet and to internet-connected devices and we pair users with a YOPE Financial Consultant to provide professional help.

You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, “YOPE service,” “our service” or “the service” means the service provided by YOPE for watching YOPE content and use of our Financial Consultants, including all video modules, website, and user interfaces, as well as all content and software associated with our service.

You agree to the Arbitration Agreement and class action waiver described in Section 14 to resolve any disputes with YOPE (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website. You may need to visit www.yopetoday.com/Yope-Terms-Of-Use to review these hyperlinked terms.

  1. Acceptance of Terms of Use
    1. These Terms of Use, which include our Privacy Statement (www.yopetoday.com/Yope-Privacy-Policy) govern your use of the YOPE service. By visiting, using, browsing our service or taking part in consultations, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the service.
    2. The YOPE service is provided by YOPE, LLC.
  2. Changes to Terms of Use. YOPE may, from time to time, change these Terms of Use, including the Privacy Statement. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 7 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting our website (www.yopetoday.com/YOPE-Prior-Terms).
  3. Privacy. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
  4. Communication Preferences. By using the YOPE service, you consent to receiving electronic communications from YOPE relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the YOPE service, or in the “Dashboard” and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with YOPE. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new YOPE features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply opt-out by clicking ‘unsubscribe’ at the bottom of any email communication from YOPE. Please review our Privacy Statement (www.yopetoday.com/Privacy) for further detail on our marketing communications.
  5. Membership, Billing and Cancellation
    1. Membership
      1. Ongoing Membership. Your YOPE membership will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, “Payment Method”) to use the YOPE service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month’s membership fees to your Payment Method.
      2. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
    2. Billing
      1. Recurring Billing. By starting your YOPE membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the YOPE service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
      2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
      3. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your YOPE membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the “Edit Account Details” link on the “Dashboard” or “Home” page or to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, “billing” shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
      4. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members (“credits”). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
      5. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the “Edit Account Details” link then click “Update Billing Info”, available in your “Dashboard” and at the top of the pages of the YOPE website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, “Cancellation” below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges.
      6. Cancellation. You may cancel your YOPE membership at any time, and you will continue to have access to the YOPE service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED YOPE CONTENT. To cancel, go to the “Edit Account Details” page on our website, click the “Cancel” link and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click “Edit Account Details” on our website or in your “Dashboard”. If you signed up for YOPE using your account with a third party as a Payment Method, and wish to cancel your YOPE membership at any time you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the YOPE service through that third party. You may also find billing information about your YOPE membership by visiting your account with the applicable third party.
  6. YOPE Service
    1. You must be 13 years of age, or the age of majority in your province, territory or country, to become a member of the YOPE service. Individuals under the age of 13, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person’s account and otherwise subject to these Terms of Use.
    2. The YOPE service and any content viewed through our service are for your personal and non-commercial use only. During your YOPE membership, we grant you a limited, non-exclusive, non-transferable, license to access the YOPE service and view YOPE content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
    3. You may view YOPE content through the YOPE service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such YOPE content. YOPE will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
    4. We continually update the YOPE service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of YOPE content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
    5. Some YOPE content is available for temporary streaming and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
    6. You agree to use the YOPE service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the YOPE service without express written permission from YOPE, LLC.. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the YOPE service; use any robot, spider, scraper or other automated means to access the YOPE service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the YOPE service; insert any code or product or manipulate the content of the YOPE service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the YOPE service, including any software viruses or any other computer code, files or programs.
    7. The availability of YOPE content to watch will change from time to time, and from country to country. The quality of the display of the YOPE content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. YOPE makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching YOPE content will vary based on a number of factors, including your location, available bandwidth at the time, the YOPE content you have selected and the configuration of your device.
    8. YOPE assigns members with a Financial Consultant. Financial Consultants are employed by YOPE. Financial Consultants provide guidance and support to members. Information provided by Financial Consultants to members is for general educational purposes only and is not investment or financial advice. Nothing said to members should be considered an offer, solicitation of an offer, or advice to buy or sell securities. Members must do their due diligence.Members are assign Financial Consultants based on that members module purchases coupled with what that member writes in their profile pertaining to what area(s) of personal finance they need help with. Members are given three free 30 minute consultations within 365 days of joining YOPE- which renews annually. Members are limited to one free 30 minute consultation every 30 days.
    9. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
  7. Passwords & Account Access
    1. The member who created the YOPE account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the YOPE account. The Account Owner’s control is exercised through use of the Account Owner’s password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting YOPE Customer Service and potentially altering the Account Owner’s control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
    2. In order to provide you with ease of access to your account and to help administer the YOPE service, YOPE implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the YOPE service, which includes accessing via YOPE devices or website.
    3. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the YOPE website and not through a hyperlink in an email or any other electronic communication, even if it looks official. YOPE reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. YOPE is not obligated to credit or discount a membership for holds placed on the account by either a representative of YOPE or by the automated processes of YOPE.
  8. Disclaimers of Warranties and Limitations on Liability
    1. THE YOPE SERVICE AND ALL CONTENT THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE YOPE SERVICE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOPE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE YOPE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOPE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, YOPE READY DEVICES, AND YOPE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL YOPE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
    4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
    5. Nothing on this website should be considered an offer, solicitation of an offer, or advice to buy or sell securities.
    6. Information provided by YOPE is for general educational purposes only and is not investment or financial advice. You should consult with an attorney or other professional to determine what may be best for your individual needs.
    7. While YOPE has tried to provide accurate and timely information, and have relied on sources we believe to be reliable, YOPE does not make any guarantee or other promise as to any results that may be obtained from using our content or our Financial Consultants. No one should make any investment decision without first conducting their own research and due diligence. To the maximum extent permitted by law, YOPE disclaims any and all liability in the event any information, consultation, commentary, analysis, opinions, advice and/or recommendations prove to be inaccurate, incomplete or unreliable, or result in any investment or other losses.
    8. Content contained on or made available through our website is not intended to and does not constitute legal advice or investment advice and no attorney-client relationship is formed. Your use of the information on our website or materials linked from the Web is at your own risk.
    9. Decisions based on information contained on this site are the sole responsibility of the user, and in exchange for using this site, you agree to hold YOPE and its affiliates harmless against any claims for damages arising from any decision you make based on such information.
  9. Intellectual Property
    1. Copyright. The YOPE service, including all content provided on the YOPE service, is protected by copyright, trade secret or other intellectual property laws and treaties.
    2. Trademarks. YOPE is a registered trademark of YOPE, LLC.
  10. Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
  11. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) (“Application(s)”) that interact with the YOPE service. These Applications may import data related to your YOPE account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and YOPE is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY YOPE AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
  12. Use of Information Submitted. YOPE is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us (“Feedback”), including responses to questionnaires or through postings to the YOPE service, including the YOPE website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the YOPE service. In addition, you agree not to enforce any “moral rights” in and to the Feedback, to the extent permitted by applicable law. Please note YOPE does not accept unsolicited materials or ideas for YOPE content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to YOPE. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against YOPE and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
  13. Customer Support. To inquire more information about our service and its features, or if you need assistance with your account, please email YOPE (info@yopetoday.com). In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
  14. Arbitration Agreement
    1. If you are a YOPE member in the United States (including its possessions and territories), you and YOPE agree that any dispute, claim or controversy arising out of or relating in any way to the YOPE service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and YOPE are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your YOPE membership.
    2. If you elect to seek arbitration or file a small claim court action, you must first send to YOPE, by certified mail, a written Notice of your claim (“Notice”). The Notice to YOPE must be addressed to: General Counsel, PO Box 151 New York, NY 10026 (“Notice Address”). If YOPE initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by YOPE, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). If YOPE and you do not reach an agreement to resolve the claim within 90 days after the Notice is received, you or YOPE may commence an arbitration proceeding or file a claim in small claims court.
    3. You may download or copy a form Notice and a form to initiate arbitration at http://www.adr.org. If you are required to pay a filing fee, after YOPE receives notice at the Notice Address that you have commenced arbitration, YOPE will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
    4. The arbitration will be governed by the Commercial Arbitration Rules (the “AAA Rules”) of the American Arbitration Association (“AAA”), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at http://www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless YOPE and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
    5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of YOPE’s last written settlement offer made before an arbitrator was selected (or if YOPE did not make a settlement offer before an arbitrator was selected), then YOPE will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
    6. YOU AND YOPE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and YOPE agree otherwise, the arbitrator may not consolidate more than one person’s claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
  15. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.