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Terms and Conditions

Welcome to the YCS® Group Website, your gateway to digital consumer benefits. Before using this Website, please familiarize yourself with our “rules of the road.” In order to use this Website, you must agree to, and comply with, our Terms and Conditions of Use (the “Terms”), which govern not only purchases and transactions you make using this Website and any YCS® mobile application (including without limitation the iGiftback® Mobile Application (patent pending)) (collectively, the “YCS® Mobile Applications” and each a “YCS® Mobile Application”), but also what you may and may not do with our Website and any YCS® Mobile Application. Please read these Terms carefully, and feel free to contact us at info@ycsGroupllc.com if you have any questions.

YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS OF USE 

YCS® Group, LLC (sometimes hereinafter referred to as “YCS®) owns and operates this Website and the YCS® Mobile Applications. This site, along with any links contained in or accessible through this site, are hereinafter collectively referred to as our “Website” in these Terms.

BY USING THIS WEBSITE OR ANY YCS® MOBILE APPLICATION, YOU ACCEPT AND AGREE TO THESE TERMS, THE YCS® GROUP PRIVACY POLICY, THE OTHER POLICIES REFERENCED IN THESE TERMS, AND ANY ADDITIONAL TERMS THAT MAY APPLY TO ANY SPECIFIC PRODUCTS OR SERVICES THAT YOU MAY ELECT TO PURCHASE OR IN WHICH YOU MAY ELECT TO PARTICIPATE, IN EACH CASE AS THEY MAY BE REVISED FROM TIME TO TIME.

THESE TERMS CONSTITUTE A BINDING AGREEMENT BETWEEN YOU AND YCS® GROUP, LLC AND GOVERN YOUR USE OF THIS WEBSITE, ANY YCS® MOBILE APPLICATION, AND ANY PRODUCT OR SERVICE OFFERED BY AND/OR ACCESSED OR OBTAINED THROUGH THIS WEBSITE OR ANY YCS® MOBILE APPLICATION. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST IMMEDIATELY STOP ACCESSING AND USING THIS WEBSITE AND YCS® MOBILE APPLICATIONS, AND YOU MAY NOT OBTAIN OR USE ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE OR ANY YCS® MOBILE APPLICATION. YOUR CONTINUED USE OF THIS WEBSITE AND/OR ANY YCS® MOBILE APPLICATION SIGNIFIES YOUR CONTINUED 

ACCEPTANCE OF AND AGREEMENT TO THESE TERMS AND ANY CHANGES TO THEM. 

Permitted Uses 

This Website and YCS® Mobile Applications offer an interactive online platform operated by YCS® Group, LLC. Through this Website and YCS® Mobile Applications, users can obtain Value Passes containing a variety of discounts and promotions offered by our participating merchants (“Merchants”) and access to additional deals offered by participating Merchants. These products and services may be purchased and/or downloaded from YCS®, and are redeemable for goods and services from the issuing Merchants, subject to these Terms, the terms accompanying the particular Value Pass, your agreements with YCS®, and (to the extent you download, access and/or use any YCS® Mobile Application) the YCS® Mobile Application terms and conditions of use.

As a condition to your use of this Website and/or any YCS® Mobile Application, you represent, warrant, covenant and agree that:

  • You are:

 

(1) an individual person eighteen (18) years of age or older, are of the age of consent in your jurisdiction, and are using this Website and/or the YCS® Mobile Application solely for your own personal use, or

(2) an individual person thirteen (13) years of age or older but younger than eighteen (18) years of age, you have reviewed these Terms with your parent or legal guardian and your parent or legal guardian acknowledges and agrees to be bound with you by these Terms and approves of your use of the Website and/or the YCS® Mobile Application, you are of the age of consent in your jurisdiction, and you are using this Website and/or the YCS® Mobile Application solely for your own personal use, or

(3) you represent a not-for-profit or charitable organization, or a for-profit business (each an “Authorizing Entity”), and you are authorized to use this Website and the YCS® Mobile Application and to otherwise act on behalf of the Authorizing Entity that you represent;

  • You possess authority to create a binding legal obligation;
  • Your use of this Website and the YCS® Mobile Application will at all times comply with these Terms;
  • Your use of this Website, the YCS® Mobile Application, and/or any product or service offered by or obtained through this Website and/or any YCS® Mobile Application will not violate any law in any applicable jurisdiction;
  • If you elect to create an account, purchase any product or service, or download any data, product, application, information or service, you will only make legitimate purchases that comply with the letter and spirit of the terms of those offers;
  • You are responsible for protecting and safeguarding your password and any information that you disclose on or through, and obtain from or through, this Website and any YCS® Mobile Application, and for supervising and regulating

 

 

access to and use of any account you create on or using this Website and/or any YCS® Mobile Application, and you acknowledge and agree that you are responsible for your own use, and the use by anyone to whom you grant access, of this Website and the YCS® Mobile Application and any account you create on or using this Website and/or any YCS® Mobile Application;

  • You have all rights necessary to provide and disclose any information you submit to or through this Website and/or the YCS® Mobile Application;
  • Any information you submit to or through this Website and/or the YCS® Mobile Application is only about yourself and/or your Authorizing Entity; and
  • Any information you submit to or through this Website and/or the YCS® Mobile Application is accurate, true, current and complete.

 

Prohibited Uses 

This Website, other YCS® websites, and the YCS® Mobile Applications are the private property of YCS® Group, LLC. Your use of this Website, any other YCS® website, and any YCS® Mobile Application must comply with all laws and these Terms. YCS® reserves the right to restrict or terminate your access and use privileges and to seek such remedies as we see fit if we determine, in our sole discretion, that you have used or are using this Website, any other YCS® website or any YCS® Mobile Application in any manner that violates these Terms or any law or infringes or inhibits any other user’s enjoyment of this Website, any other YCS® website or any YCS® Mobile Application. We further reserve the right, in our sole discretion, to remove any content, assist law enforcement in prosecuting any criminal offense, and/or assert or assist in any civil or criminal legal action relating to any content or use of this Website, any other YCS® website and/or any YCS® Mobile Application.

If we determine, in our sole discretion, that you have committed fraud or falsified information in connection with your use of this Website, any other YCS® website or any YCS® Mobile Application, we will immediately terminate your access to this Website, other YCS® websites and YCS® Mobile Applications, and we reserve the right to seek any other remedies we deem appropriate, including without limitation an action against you for any and all damages suffered by YCS® and its Associates (as defined below), legal recourse to appropriate law enforcement authorities, and alerting your Internet Service Provider of any fraudulent activity we associate with you and/or your email address and/or your device and/or your use of this Website, any other YCS® website or any YCS® Mobile Application.

You may not use this Website, any other YCS® website or any YCS® Mobile Application in any way that:

  • is unlawful, fraudulent or deceptive;

 

  • uses technology or other means to access unauthorized content or non-public spaces;

 

 

  • uses or launches any automated system or process (including without limitation “bots,” “robots,” “spiders,” “crawlers,” or “offline readers”) to access unauthorized content or non-public spaces;

 

  • attempts or is intended to introduce viruses or any other harmful computer code, file or program that interrupts, impairs, destroys or limits the functionality of any computer software, hardware, system or network or telecommunications or other equipment;

 

  • attempts or is intended to damage, disable, injure, overburden or impair servers or networks used by or for YCS® or others;

 

  • attempts or is intended to gain unauthorized access to any computer network, server or system owned, controlled or used by or for YCS® or others;

 

  • attempts or is intended to obtain unauthorized access to any other user’s or customer’s account(s) with YCS® or others;

 

  • facilitates, encourages or promotes conduct that would result in criminal or civil liability;

 

  • violates these Terms (including without limitation any of the YCS® policies, terms and conditions incorporated by reference in these Terms) and/or your agreements with YCS® (including without limitation the End User Agreement) in any manner;

 

  • republishes, redistributes, re-transmits or creates derivative works from any text, pictures, music, bar codes, video, data, hyperlinks, displays, information or other content associated with or contained on this Website, any other YCS® website or any YCS® Mobile Application (“Content”);

 

  • copies, reproduces or stores any Content other than for your own personal, non-commercial use and as may occur incidentally in the normal course of use of this Website, any other YCS® website or any YCS® Mobile Application;

 

  • attempts or is intended to remove, modify or change any Content;

 

  • attempts or is intended to license or sell any Content or any information obtained on or through this Website, any other YCS® website or any YCS® Mobile Application;

 

  • fails to comply with any applicable policies, terms or conditions of any third-party (including without limitation Apple, Inc. and Google Inc.);

 

 

  • harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other person (including but not limited to rights of publicity and other proprietary or personal rights); or

 

  • infringes, violates, misuses or misappropriates the intellectual property rights or other proprietary or property rights of any other person.

 

Ownership of this Website, other YCS® websites, the YCS® Mobile Applications, and their Content 

This Website, other YCS® websites, the YCS® Mobile Applications, all content and information provided on or via this Website, any other YCS® website and any YCS® Mobile Application (other than data and information provided by the user or by participating Merchants), and the infrastructure and source code used to provide this Website, any other YCS® website, any YCS® Mobile Application, and such content and information, are proprietary to YCS® Group, LLC. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any Content or software, or (except to the extent expressly permitted by these Terms and/or your agreements with YCS® Group, LLC) any products or services, obtained from, on or through this Website, any other YCS® website or any YCS® Mobile Application.

Your Ability to Access this or Any Other YCS® Website and any YCS® Mobile Application; Interruptions in Service 

We cannot guarantee the continuous, uninterrupted, or error-free operation of this Website, any other YCS® website or any YCS® Mobile Application, or any product or service offered through this Website, any other YCS® website or any YCS® Mobile Application. Circumstances may arise when all, or certain features, parts or Content, of this Website, another YCS® website or a YCS® Mobile Application, or any product or service offered through this Website, such other YCS® website or such YCS® Mobile Application, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.

You acknowledge and agree that, due to circumstances both within and outside our control, this Website, any other YCS® website or any YCS® Mobile Application, or any product or service offered through this Website, any other YCS® website or any YCS® Mobile Application, may be interrupted, suspended or terminated, and that neither YCS® Group, LLC nor its affiliate companies nor their respective employees, contractors, officers, directors, representatives, agents, partners or subsidiaries will be liable to you or to any third-party for any unavailability, modification, interruption, suspension, termination or withdrawal of this Website, any other YCS® website or any YCS® Mobile Application, or any product or service offered through this Website, any other YCS® website or any YCS® Mobile Application, or any features, parts or Content of this Website, any other YCS® website or any YCS® Mobile Application.Revised 04-29-15 Page 6 6920605 v4

 

YCS® reserves the right, in its sole discretion, to deny service or limit access to this Website, any other YCS® website or any YCS® Mobile Application, or any product or service offered through this Website, any other YCS® website or any YCS® Mobile Application, to any user or any account, at any time and for any reason.

Transmission of Information 

Because we do not control the security of information transmitted over the Internet, other networks you use to access this Website or another YCS® website, or the networks, phones or devices by which you choose to access any YCS® Mobile Application, we cannot be, and are not, responsible for the security of any information that you choose to transmit to YCS® and/or this Website and/or another YCS® website and/or any YCS® Mobile Application while it is being transmitted, or for any data that are lost during transmission.

You are solely responsible for maintaining the confidentiality and security of information sent from or using, or stored on, your computer, phone or device. You are solely responsible for all transactions and activities (whether authorized or unauthorized) undertaken by anyone or anything on, with or using this Website, any other YCS® website or any YCS® Mobile Application using your account, password, registration and/or login information. You agree to notify YCS® immediately of any suspected unauthorized transaction(s) associated with this Website, any other YCS® website or any YCS® Mobile Application, or any other suspected breach of security involving this Website, any other YCS® website or any YCS® Mobile Application. YCS® Group, LLC shall not be responsible for any loss arising from the theft, misappropriation, disclosure or misuse of your information in connection with unauthorized or fraudulent transactions related to this Website, any other YCS® website or any YCS® Mobile Application. You shall be solely responsible for taking precautions to safeguard your information stored on your computer, phone or mobile device, including without limitation use of passwords and other protective features.

Your Consent 

By using this Website, any other YCS® website or any YCS® Mobile Application, you and any Authorizing Entity that you represent consent to our collection and use of your (and its) information, in accordance with the YCS® GROUP PRIVACY POLICY.

YCS® uses Google Analytics, a website and mobile application analytical product offered by Google Inc. (“Google”), to collect and evaluate data on who uses this Website, any other YCS® website, any YCS® Mobile Application, and the products and services offered via YCS® websites and YCS® Mobile Applications, on what devices and where they come from, how end users use the YCS® Mobile Applications and YCS® websites, how the YCS® Mobile Applications and YCS® websites are performing and any issues with their performance, and to help identify ways to improve the YCS® Mobile Applications and YCS® websites to make users’ use of the YCS® Mobile Applications and YCS® websites more enjoyable and convenient. In order to provide these analytical

  • harasses, abuses, stalks, threatens, defames, or otherwise infringes or violates the rights of any other person (including but not limited to rights of publicity and other proprietary or personal rights); or · infringes, violates, misuses or misappropriates the intellectual property rights or other proprietary or property rights of any other person.

Ownership of this Website, other YCS® websites, the YCS® Mobile Applications, and their Content This Website, other YCS® websites, the YCS® Mobile Applications, all content and information provided on or via this Website, any other YCS® website and any YCS® Mobile Application (other than data and information provided by the user or by participating Merchants), and the infrastructure and source code used to provide this Website, any other YCS® website, any YCS® Mobile Application, and such content and information, are proprietary to YCS® Group, LLC. You agree not to modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, sell or re-sell any Content or software, or (except to the extent expressly permitted by these Terms and/or your agreements with YCS® Group, LLC) any products or services, obtained from, on or through this Website, any other YCS® website or any YCS® Mobile Application. Your Ability to Access this or Any Other YCS® Website and any YCS® Mobile Application; Interruptions in Service We cannot guarantee the continuous, uninterrupted, or error-free operation of this Website, any other YCS® website or any YCS® Mobile Application, or any product or service offered through this Website, any other YCS® website or any YCS® Mobile Application. Circumstances may arise when all, or certain features, parts or Content, of this Website, another YCS® website or a YCS® Mobile Application, or any product or service offered through this Website, such other YCS® website or such YCS® Mobile Application, become unavailable (whether on a scheduled or unscheduled basis) or are modified, suspended or withdrawn by us, in our sole discretion, without notice to you.

You acknowledge and agree that, due to circumstances both within and outside our control, this Website, any other YCS® website or any YCS® Mobile Application, or any product or service offered through this Website, any other YCS® website or any YCS® Mobile Application, may be interrupted, suspended or terminated, and that neither YCS® Group, LLC nor its affiliate companies nor their respective employees, contractors, officers, directors, representatives, agents, partners or subsidiaries will be liable to you or to any third-party for any unavailability, modification, interruption, suspension, termination or withdrawal of this Website, any other YCS® website or any YCS® Mobile Application, or any product or service offered through this Website, any other YCS® website or any YCS® Mobile Application, or any features, parts or Content of this Website, any other YCS® website or any YCS® Mobile Application.

End Users. End users may cancel any YCS® Mobile Application at any time by simply terminating, removing, deleting and discontinuing use of the YCS® Mobile Application. There is no charge to end users to download and access YCS® Mobile Applications, and end users will receive no refund or other payment for cancelling any YCS® Mobile Application.

End users who purchase Value Passes may cancel a Value Pass and receive a full cash refund of the end user’s purchase price for the Value Pass so long as:

(1) the end user provides notice that it is cancelling and returning the Value Pass, by email to YCS® customer support [info@ycsGroupllc.com] within seven (7) calendar days following the end user’s purchase of the Value Pass, and

(2) none of the offers or discounts contained on the Value Pass have been used or redeemed prior to the end user cancelling and returning the Value Pass, and

(3) the end user deletes and removes the Value Pass from the end user’s device.

The end user must include in his or her cancellation notice the name and email address associated with the Value Pass and/or any receipt received by the end user for his or her purchase. The end user will continue to be responsible for payment for any other products or services obtained by the end user that the end user does not cancel and return in the manner described in this Cancellation and Refund Policy.

No refund will be made for any Value Pass where any of the offers or discounts contained on the Value Pass have been used or redeemed. 

Except as otherwise provided in this Cancellation and Refund Policy, YCS® reserves the right to issue refunds or credits at YCS®’s sole discretion. If YCS® issues a refund or credit, YCS® is under no obligation to issue the same or similar refund or credit in the future.

YCS® reserves the right to make changes to its products and services at any time. If YCS® temporarily reduces or eliminates any charge for content, access, products or services that the end user is currently paying under different terms, the end user will not be entitled to a refund.

If any or all of YCS®’s digital products become temporarily unavailable, the end user will not receive a refund. YCS® reserves the right to issue refunds or credits at YCS®’s sole discretion. If YCS® issues a refund or credit, YCS® is under no obligation to issue the same or similar refund or credit in the future.

YCS® reserves the right to suspend or terminate an end user’s access to this Website, any other YCS® website, any YCS® Mobile Application, any Value Pass, or any other product or service made available via this Website, any other YCS® website or any YCS® Mobile Application for any reason, with or without notice and without further obligation. The end user will not be entitled to a refund or credit in such circumstances.

It is the end user’s responsibility to familiarize himself or herself with YCS®’s Cancellation and Refund Policy. By using this Website or any other YCS® website, downloading any YCS® Mobile Application, and/or purchasing Value Passes or other products or services via any YCS® Mobile Application, this Website or any other YCS® website, the end user acknowledges that he or she has read and understands, and agrees with and fully accepts the terms of, this Cancellation and Refund Policy. If the end user does not agree with or fully accept the terms of YCS®’s Cancellation and Refund Policy, YCS® asks that the end user not place an order with us and that he or she terminate his or her access to and use of this Website, any other YCS® website and any YCS® Mobile Application.

Merchants, Non-Profit Organizations, and For-Profit Entities. Merchants, non-profit organizations, and for-profit entities purchase products or services from YCS® pursuant to contracts that they enter into with YCS®. Merchants, non-profit organizations, and for-profit entities shall have only those termination, cancellation and/or refund rights as are expressly provided in the agreements they enter into with YCS®.

Ownership of Information; Downloading of Materials; Retransmission and Redistribution of Data 

Unless otherwise noted, all right, title and interest in and to all products, services and information made available through this Website, any other YCS® website and/or any YCS® Mobile Application, in all languages, formats and media, including all copyrights and trademarks therein, are and shall continue to be the exclusive property of YCS® Group, LLC and/or its data providers or Merchants. To the extent that this Website, any other YCS® website, any YCS® Mobile Application, or any product or service offered through this Website, any other YCS® website or any YCS® Mobile Application contains information from third-parties pursuant to rights granted as a matter of law (such as principles of “fair use”), YCS® Group, LLC owns all right, title, and interest (including copyright) in the selection, arrangement and presentation of such information on this Website, any other YCS® website, any YCS® Mobile Application, and all products and services offered through this Website, any other YCS® website or any YCS® Mobile Application, as well as in the selection, arrangement, and presentation of all other content on this Website, any other YCS® website, any YCS® Mobile Application, and all products and services offered through this Website, any other YCS® website or any YCS® Mobile Application. ANY COPYING, DISTRIBUTING, TRANSMITTING, POSTING, LINKING, DEEP LINKING, OR OTHERWISE MODIFYING OF THIS WEBSITE, ANY OTHER YCS® WEBSITE OR ANY YCS® MOBILE APPLICATION WITHOUT THE EXPRESS WRITTEN PERMISSION OF YCS® GROUP, LLC IS STRICTLY PROHIBITED.

This Website, other YCS® websites and the YCS® Mobile Applications contain copyrighted material, trademarks, and other proprietary information, including but not limited to text, software, photographs and images, and graphics. The entire content of this Website, other YCS® websites and the YCS® Mobile Applications is protected under United States copyright laws.

Your City Sampler®, YCS®, iGiftback®, and other YCS® trademarks, service marks, graphics, logos, slogans, and brand names used in connection with this Website, other YCS® websites and the YCS® Mobile Applications, and the products and services offered through this Website, other YCS® websites and the YCS® Mobile Applications, are the trademarks or registered trademarks of YCS® Group, LLC (the “YCS® Marks”). Other trademarks, service marks, graphics, logos, slogans, and brand names used in connection with this Website, other YCS® websites and the YCS® Mobile Applications, and the products and services offered through this Website, other YCS® websites and the YCS® Mobile Applications, are the trademarks of their respective owners (collectively, the “Merchant Marks”). None of the YCS® Marks or the Merchant Marks may be copied, imitated or used, in whole or in part, without the express prior written permission of YCS® Group, LLC and/or any other applicable trademark holder. This Website, other YCS® websites, the YCS® Mobile Applications and the Content are protected by copyright, trademark, patent, and trade secret laws, international treaties, and other proprietary rights, and contain security components that protect digital information only as authorized by YCS® or the Content owner. This Website, other YCS® websites, the YCS® Mobile Applications and the Content may only be used as and to the extent expressly permitted by these Terms, your agreements with YCS®, and (to the extent you download, access and/or use any YCS® Mobile Application) the YCS® Mobile Application terms and conditions of use.

Certain materials may be made available for download from this Website and/or other YCS® websites and/or via a YCS® Mobile Application. Subject to these Terms, the YCS® GROUP PRIVACY POLICY, your agreements with YCS®, and (to the extent you download, access and/or use any YCS® Mobile Application) the YCS® Mobile Application terms and conditions of use, YCS® grants you limited permission to download products and services that you purchase through this Website, any other YCS® website and/or any YCS® Mobile Application and to download and copy materials relating to the products and services that you so purchase solely for your internal or personal, non-commercial use; provided that all copyright notices and trademark registrations appearing on the originals are duplicated on all copies thereof; and provided further that you do not modify the materials in any way. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

You agree that you will not transmit, post, upload, or otherwise make available on or using this Website, any other YCS® website or any YCS® Mobile Application any information, content or material that is protected by copyright, trademark or any other proprietary right without the express written permission of the owner of the copyright, trademark or other right thereto. You will be solely responsible and liable for any damage resulting from infringement of any copyright, trademark or proprietary right or

any other harm that may result from such a submission or posting. By submitting information, content or material to any public area on this Website, any other YCS® website or any YCS® Mobile Application:

(1) you warrant and represent that the owner of such information, content or material expressly grants YCS® a worldwide, royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, distribute, and create derivative works from such information, content and material, and to incorporate the same in other works in any form, media or technology now known or hereafter developed for as long as any copyright may exist in such material; and

(2) you permit any other user to access, view, store or reproduce such information, content or material for his or her personal use; and

(3) you grant YCS® the right to edit, copy, publish, distribute, and create derivative works from any such information, content and material.

Without limiting any other right or remedy available to YCS®, at law or in equity, the limited permission herein granted to you will automatically terminate in the event you breach these Terms, the YCS® GROUP PRIVACY POLICY, your agreements with YCS®, the YCS® Mobile Application terms and conditions of use, or any general terms and conditions of our products and services. Any breach of the aforementioned terms, conditions and agreements may subject you to civil and/or criminal liability for (among other things) copyright, trademark or other intellectual property infringement, and breach of contract.

EXCEPT AS OTHERWISE EXPRESSLY PERMITTED BY THESE TERMS, YOU AGREE NOT TO REPRODUCE, RETRANSMIT, DISSEMINATE, SELL, LICENSE, DISTRIBUTE, PUBLISH, DISPLAY, BROADCAST, PERFORM, CREATE DERIVATIVE WORKS FROM, OR CIRCULATE ANY YCS® PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION ANY YCS® MOBILE APPLICATION, OR INFORMATION OR CONTENT MADE AVAILABLE THROUGH THIS WEBSITE, ANY OTHER YCS® WEBSITE, ANY YCS® MOBILE APPLICATION, OR ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE, ANY OTHER YCS® WEBSITE OR ANY YCS® MOBILE APPLICATION, IN ANY MANNER OR FOR ANY PURPOSE (WHETHER PERSONAL OR BUSINESS) WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF YCS® GROUP, LLC AND/OR ITS PARTICIPATING MERCHANTS. IN ADDITION, YOU SHALL NOT, WITHOUT THE PRIOR EXPRESS WRITTEN CONSENT OF YCS® GROUP, LLC AND ANY AFFECTED PARTICIPATING MERCHANT, MAKE COPIES OF ANY INFORMATION, SOFTWARE, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THIS WEBSITE, ANY OTHER YCS® WEBSITE OR ANY YCS® MOBILE APPLICATION, INCLUDING BUT NOT LIMITED TO TRANSLATING, DISASSEMBLING OR CREATING DERIVATIVE WORKS. IN THE EVENT THAT YCS® GROUP, LLC PROVIDES EXPRESS WRITTEN

CONSENT TO ANY SUCH ACTION OR USE, YOU SHALL ENSURE THAT ALL COPYRIGHT NOTICES AND TRADEMARK REGISTRATIONS APPEARING ON THE ORIGINALS ARE DUPLICATED ON ALL COPIES THEREOF, AND THAT THESE NOTICES AND REGISTRATIONS ARE NOT ALTERED OR OBSCURED IN ANY WAY.

YOU FURTHER AGREE NOT TO USE YCS® PRODUCTS OR SERVICES, OR INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE, ANY OTHER YCS® WEBSITE, ANY YCS® MOBILE APPLICATION, OR ANY PRODUCT OR SERVICE OFFERED THROUGH THIS WEBSITE, ANY OTHER YCS® WEBSITE OR ANY YCS® MOBILE APPLICATION, FOR ANY UNLAWFUL PURPOSE, AND AGREE TO COMPLY WITH REASONABLE REQUESTS TO PROTECT THE RESPECTIVE RIGHTS OF YCS® GROUP, LLC, ITS AFFILIATES, ITS LICENSORS, ITS DATA PROVIDERS AND ITS PARTICIPATING MERCHANTS IN THE PRODUCTS AND SERVICES, AND IN THE INFORMATION MADE AVAILABLE THROUGH THIS WEBSITE, ANY OTHER YCS® WEBSITE, ANY YCS® MOBILE APPLICATION, AND THE PRODUCTS AND SERVICES OFFERED THROUGH THIS WEBSITE, ANY OTHER YCS® WEBSITE AND ANY YCS® MOBILE APPLICATION.

Our Data Providers’ and/or Merchants’ Requirements 

These Terms are subject to any requirements of YCS®’s data providers or Merchants under their distinct agreements with YCS®, including such additional financial and contractual requirements as may be imposed by such data providers or Merchants from time to time.

Privacy 

You acknowledge that any personal information, and any other information, that you provide through this Website, any other YCS® website and/or any YCS® Mobile Application will be collected, stored, and used by YCS® in accordance with the YCS® GROUP PRIVACY POLICY. Please review the YCS® GROUP PRIVACY POLICY [http://ycsGroupllc.com/privacy-policy], which also governs your use of YCS®’s products and services, to understand how we collect, store and use your information.

In addition, you consent to YCS®’s sharing of your information with Google and to Google’s collection, storage and use of your information. The collection, analysis, storage and use of your information by Google is subject to Google’s Privacy Policy [http://www.google.com/intl/en/policies/privacy/]. YCS® is not responsible for Google’s collection, analysis, storage or use of any data about you. You are encouraged to review Google’s Privacy Policy, as well as the Google Analytics Terms of Service [http://www.google.com/analytics/terms/us.html] and the Google Terms of Service [http://www.google.com/intl/en/policies/terms/] to familiarize yourself with how Google collects, stores and uses your information.

External Links 

This Website includes links to external sites operated by third-party vendors. We have included these links to provide you with access to information that you may find useful, and in particular about how information you provide YCS® may be accessible to and used by those third-party vendors. YCS® is not responsible for the content of these sites or for anything provided on or by these sites. YCS® does not guarantee that these sites will be continuously available or secure. Your use of any third-party site, and the use of any information transmitted to any such site, is governed by that site’s terms of use, privacy policies, and any other policies prescribed by the operator of the site.

Disclaimer of Warranties 

By using this Website, any other YCS® website and/or any YCS® Mobile Application, you expressly agree that your use of this Website, any other YCS® website and any YCS® Mobile Application, and of any products or services offered through this Website, any other YCS® website and/or any YCS® Mobile Application, are at your sole risk, and that you are solely responsible for any damage to your mobile device, phone, computer, network or computer system or loss of data that results from your use of this Website, any other YCS® website and/or any YCS® Mobile Application or your downloading or accessing of any YCS® Mobile Application or any such material.

This Website, all other YCS® websites and all YCS® Mobile Applications, as well as the products and services offered by way of this Website, any other YCS® website and/or any YCS® Mobile Application, and all information, content, materials, and other products and services included or offered on or otherwise made available to you through this Website, any other YCS® website and/or any YCS® Mobile Application, are provided on an “AS IS”/“WITH ALL FAULTS” and “AS AVAILABLE” basis.

Neither YCS® Group, LLC nor its affiliated companies nor any of their respective employees, contractors, officers, directors, representatives, agents, partners, subsidiaries, or anyone involved in developing, creating or providing this Website, any other YCS® website, any YCS® Mobile Application or any Content (collectively, “Associates”) warrant that the use of this Website, any other YCS® website or any YCS® Mobile Application will be uninterrupted or error-free, nor do they warrant the accuracy, integrity or completeness of the data, content or information provided on this Website, any other YCS® website or any YCS® Mobile Application, the products or services offered through this Website, any other YCS® website and/or any YCS® Mobile Application, or the products or services offered by any participating Merchant or any related promotional or informational material.

YCS® makes no representation or warranty that any product or service, or any quantity or volume of products or services, offered by YCS® is suitable or appropriate for any particular customer. YCS® makes no representation or warranty that any content, product or service provided on this Website, any other YCS® website or any YCS® Mobile Application is applicable to, or appropriate for use in, locations outside the United States.

YCS® makes no representations or warranties of any kind, express, implied or statutory, as to the operation of this Website, any other YCS® website, any YCS® Mobile Application, as to any product or service, or as to any information, content, materials, or other products or services included on or otherwise made available to you on or via this Website, any other YCS® website, any YCS® Mobile Application, or any YCS® product or service (including without limitation any YCS® Value Pass). This Website, any other YCS® website, any YCS® Mobile Application, and all information provided through this Website, any other YCS® website and/or any YCS® Mobile Application, is subject to change without notice.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YCS® GROUP, LLC AND ITS ASSOCIATES DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY REPRESENTATIONS OR WARRANTIES OF TITLE OR ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS THAT THIS WEBSITE, ANY OTHER YCS® WEBSITE, ANY YCS® MOBILE APPLICATION OR ANY INFORMATION, CONTENT, PRODUCT OR SERVICE PROVIDED BY OR OBTAINED USING THIS WEBSITE, ANY OTHER YCS® WEBSITE OR ANY YCS® MOBILE APPLICATION IS MERCHANTABLE, OF SATISFACTORY QUALITY, RELIABLE, ACCURATE, FIT FOR A PARTICULAR PURPOSE, USE OR NEED, FREE FROM INFRINGEMENT OF THIRD-PARTY INTELLECTUAL PROPERTY RIGHTS, FREE OF DEFECTS OR ERRORS, ABLE TO OPERATE ON AN UNITERRRUPTED BASIS, THAT YOUR USE OF THIS WEBSITE, ANY OTHER YCS® WEBSITE OR ANY YCS® MOBILE APPLICATION COMPLIES WITH APPLICABLE LAWS, THAT INFORMATION TRANSMITTED USING OR IN CONNECTION WITH THIS WEBSITE, ANY OTHER YCS® WEBSITE OR ANY YCS® MOBILE APPLICATION (INCLUDING WITHOUT LIMITATION AS PART OF ANY ONLINE PAYMENT FEATURE) WILL BE SUCCESSFULLY, ACCURATELY OR SECURELY TRANSMITTED, OR THAT ANY DEFECTS IN THIS WEBSITE, ANY OTHER YCS® WEBSITE OR ANY YCS® MOBILE APPLICATION WILL BE CORRECTED. NO ORAL ADVICE OR WRITTEN INFORMATION PROVIDED BY YCS® OR ANY ASSOCIATE SHALL CREATE A WARRANTY.

YCS® MAKES NO REPRESENTATION OR WARRANTY THAT ANY PRODUCT, SERVICE, INFORMATION, CONTENT, OR OTHER MATERIAL OBTAINED BY YOU USING THIS WEBSITE, ANY OTHER YCS® WEBSITE OR ANY YCS® MOBILE APPLICATION WILL MEET YOUR EXPECTATIONS. YCS® DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD-PARTY IN CONNECTION WITH OR RELATED TO YOUR USE OF THIS WEBSITE, ANY OTHER YCS® WEBSITE OR ANY YCS® MOBILE APPLICATION.

YCS® DOES NOT WARRANT THAT THIS WEBSITE, ANY OTHER YCS® WEBSITE, ANY YCS® MOBILE APPLICATION, OR ANY PRODUCT, SERVICE, INFORMATION, CONTENT, MATERIALS OR DATA INCLUDED ON OR

OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, ANY OTHER YCS® WEBSITE, ANY YCS® MOBILE APPLICATION, ANY PRODUCT OR SERVICE, YCS®’s SERVERS, OR ELECTRONIC COMMUNICATIONS SENT FROM YCS® ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

Some states do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you.

Limitation of Liability 

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NEITHER YCS® GROUP, LLC NOR ITS ASSOCIATES SHALL BE LIABLE (i) WITH RESPECT TO YOUR USE OF THIS WEBSITE, ANY OTHER YCS® WEBSITE OR ANY YCS® MOBILE APPLICATION, ANY YCS® PRODUCT OR SERVICE, OR ANY INFORMATION, CONTENT, MATERIALS, DATA, OR OTHER PRODUCTS OR SERVICES INCLUDED ON, PROVIDED, OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THIS WEBSITE, ANY OTHER YCS® WEBSITE, ANY YCS® MOBILE APPLICATION, OR ANY YCS® PRODUCT OR SERVICE, OR (ii) WITH RESPECT TO YOUR USE OF ANY THIRD-PARTY MERCHANT PAYMENT PROCESSING COMPANY OR ACCOUNT, OR (iii) FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOSS, THEFT OR CORRUPTION OF INFORMATION OR DATA, YOUR INABILITY TO USE THIS WEBSITE, ANY OTHER YCS® WEBSITE OR ANY YCS® MOBILE APPLICATION, OR COMPUTER, DEVICE, PHONE OR SYSTEM FAILURE OR MALFUNCTION, IN EACH CASE EVEN IF YCS® AND/OR SUCH ASSOCIATE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM. YOUR SOLE REMEDY IS TO CEASE USE OF THIS WEBSITE, ANY OTHER YCS® WEBSITE AND ANY YCS® MOBILE APPLICATION. IF YOU OR YOUR AUTHORIZING ENTITY ASSERTS A CLAIM AGAINST YCS® AND/OR ITS ASSOCIATES FOR ANY REASON (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER CLAIM), THE AGGREGATE LIABILITY (IF ANY) OF YCS® AND ITS ASSOCIATES SHALL BE LIMITED TO THE ACTUAL AMOUNT OF FEES OR COMPENSATION YOU PAID TO YCS® UNDER YOUR AGREEMENTS WITH YCS® DURING THE SIX MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GIVES RISE TO SUCH AN ALLEGATION OF LIABILITY.

NO ACTION, REGARDLESS OF FORM, ARISING OUT OF OR IN CONNECTION WITH THIS WEBSITE, ANY OTHER YCS® WEBSITE, ANY YCS® MOBILE APPLICATION, OR THESE TERMS MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE EVENT GIVING RISE TO SUCH CAUSE OF ACTION.

YCS® shall not be liable for any act or omission of any member, volunteer, agent, servant, employee or representative of you or your organization.

You hereby acknowledge that the limitations in these Terms shall apply to all products, services, content, data, information and materials available through this Website, any other YCS® website and any YCS® Mobile Application.

Indemnification 

You agree to indemnify, defend and hold harmless YCS® Group, LLC, its affiliated companies, and their respective employees, contractors, officers, directors, representatives, agents, partners, subsidiaries, and anyone involved in developing, creating or providing this Website, any other YCS® website, any YCS® Mobile Application or any Content (each an “Indemnified Party”), from and against any and all claims, demands, losses, causes of action, suits, liability, damages, fines, penalties, costs and expenses (including but not limited to attorney’s fees) (collectively, “Claims”), incurred by an Indemnified Party arising out of or related to:

(i) your use or misuse of any YCS® Mobile Application, this Website, any other YCS® website, or any YCS® product or service;

(ii) any product or service purchased or downloaded by you in connection with this Website, any other YCS® website or any YCS® Mobile Application;

(iii) your violation of these Terms (including without limitation any of the YCS® policies, terms and conditions incorporated by reference in these Terms) or any applicable terms, conditions or policies of Apple, Inc. or Google Inc.;

(iv) your negligence;

(v) your violation or alleged violation of any rights of any third-party;

(vi) any information submitted or otherwise provided by you or your Authorizing Entity to YCS® or any other Indemnified Party, or that you or your Authorizing Entity transmit or otherwise make available using this Website, any other YCS® website or any YCS® Mobile Application; and

(vii) any dispute, litigation, claim or lawsuit between an Indemnified Party and a third-party caused by or arising out of your conduct, actions, or omissions.

To the fullest extent permitted by law, the foregoing indemnification obligations will apply regardless of any fault, negligence or alleged breach of contract by YCS® and/or any other Indemnified Party.

You acknowledge and agree that you are responsible for all use of this Website, any other YCS® website and any YCS® Mobile Application using your account, password and/or login information or credentials and/or your computer, system, phone, or mobile device, and that these Terms apply to any and all such uses.

You agree to comply with these Terms, your agreements with YCS®, and (to the extent you download, access and/or use any YCS® Mobile Application) the YCS® Mobile Application terms and conditions of use, and to indemnify, defend and hold harmless the Indemnified Parties from and against any and all Claims arising from any use of your account, password and/or login information or credentials and/or your computer, system, phone, or mobile device, whether or not such use is expressly authorized by you.

You are solely responsible for your interactions with Merchants and other users of this Website, any other YCS® website and any YCS® Mobile Application. To the fullest extent permitted by law, you hereby release the Indemnified Parties from any and all Claims related to any product or service of a Merchant, any action or inaction of a Merchant (including without limitation any Merchant’s failure to comply with terms of any discount, give-away, promotion or offer or to comply with applicable law), and any conduct or speech (whether online or offline) of any other user, any Merchant or any other third-party.

These indemnification obligations will survive any termination of your relationship with YCS®, your use of this Website, any other YCS® website, any YCS® Mobile Application, or any YCS® products or services, and/or your agreements with YCS®.

YCS® reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification, in which event you will cooperate in asserting any available defenses.

Waiver of Jury Trial 

Any and all disputes between you and/or your Authorizing Entity, on the one hand, and YCS® Group, LLC and/or any Associate, on the other hand (collectively, the “Parties”), relating to or arising out of your purchase of any YCS® product or service, your use of this Website, any other YCS® website or any YCS® Mobile Application, your agreements with YCS®, or any promises or performances related thereto (each a “Transaction” and collectively, “Transactions”), that result in a lawsuit shall solely be resolved by a judge-tried, non-jury trial. THE PARTIES HEREBY WAIVE AND RELEASE ANY AND ALL RIGHTS TO TRIAL BY JURY WITH REGARD TO ANY AND ALL DISPUTES, DISAGREEMENTS, LAWSUITS, LITIGATION, CAUSES OF ACTION, CONTROVERSIES OR CLAIMS ARISING BETWEEN THE PARTIES IN CONNECTION WITH ANY TRANSACTION, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHER CLAIMS, OR ARISING FROM THE ACTS OR OMISSIONS OF EITHER PARTY IN THE COURSE OF THE PERFORMANCE OF ANY TRANSACTION.

Governing Law 

These Terms, their interpretation, validity and effect, are governed by and shall be construed and interpreted in accordance with the laws of the State of Missouri (without giving effect to its conflict of laws principles). You irrevocably consent and submit to the exclusive jurisdiction of the federal and/or state courts situated in Clay County, Missouri for purposes of any dispute, disagreement, lawsuit, litigation, cause of action, controversy or claim arising out of or related to these Terms or the use of this Website, any other YCS® website, any YCS® Mobile Application, or any YCS® product or service. You agree that you shall not raise, and you hereby waive, any defense based upon venue, inconvenience of forum, or lack of personal jurisdiction in any such legal action.

Modification or Termination of this Website, Any Other YCS® Website, or any YCS® Mobile Application; Modification of YCS® Policies, Terms and Conditions 

Notwithstanding any provision in these Terms, YCS® reserves the right, in its sole discretion, at any time and without notice, to change or modify from time to time and/or terminate (i) this Website, (ii) any YCS® Mobile Application, (iii) any other YCS® website, (iv) any products or services made available via this Website, any other YCS® website and/or any YCS® Mobile Application, and/or (v) these Terms or any other YCS® policies, terms and conditions. Your use of this Website, any other YCS® website or any YCS® mobile application following any such change constitutes your agreement to follow and be bound by these Terms as changed (including all applicable YCS® policies, terms and conditions as changed).

If you are dissatisfied with this Website, any other YCS® website or any YCS® Mobile Application or any YCS® policies, terms, conditions, products or services at any time, your sole and exclusive remedy is to cease using this Website, any other YCS® website and/or any YCS® Mobile Application and/or such products and/or services. Notwithstanding any other provision of these Terms or your agreements with YCS®, YCS® reserves the right, in its sole discretion, to terminate or suspend your access to this Website, any other YCS® website, any YCS® Mobile Application, or any YCS® products or services at any time.

We encourage you to revisit this Website and review these Terms from time to time to ensure that you remain informed of any changes and in compliance with these Terms.

Changes or modifications to any written agreement that you have signed or entered into with YCS® are not valid unless the same are in a writing signed by you and an authorized YCS® representative.

No Waiver 

No delay or failure by YCS® to enforce any of these Terms at any time shall in any way affect, limit or waive any of YCS®’s rights thereafter to enforce and compel strict

compliance with every one of these Terms whether for past or future actions on the part of any person. Neither the receipt or acceptance by YCS® of any funds nor the reliance of any person on YCS®’s actions shall be deemed to constitute a waiver of any part of these Terms.

Severability 

If any provision of these Terms is held by a tribunal of competent jurisdiction to be illegal, invalid or otherwise unenforceable, then to the fullest extent permitted by law: (i) that provision shall be deemed severable from these Terms, all other parts of these Terms shall remain valid and enforceable, and the invalidity or unenforceability of the allegedly defective provision shall not invalidate or render unenforceable any other part of these Terms; and (ii) the allegedly defective provision shall be deemed modified to the extent necessary in the tribunal’s opinion to render it enforceable while preserving to the fullest extent possible the intent of the provision; and (iii) such finding of invalidity, illegality or unenforceability shall not affect the validity, legality or enforceability of such provision in any other jurisdiction.