General

Use of the Website

The following Terms & Conditions and any other rules (collectively, the “T&C”) posted on the website, www.theyard.com, www.theyard.nyc, www.workattheyard.com and affiliated sites, microsites and mobile sites (collectively, the “Site”) constitute an agreement between The Yard and affiliates (collectively, “The YARD”, “we”, “our”, “us”) and you, the visitor, governing your access and use of all content and functionalities available at the Site.

By accessing the Site, you warrant and represent to The YARD that you are legally entitled to do so and to make use of information made available via the website, and accept and consent to the practices described in the T&C.  

Site visitors wishing to use our services must read and agree to be bound by our policies relating to those services.  In particular, we draw your attention to our policies relating to the terms of purchase, which will be provided to you upon your purchase, and our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site (the “Privacy Policy”). If you are under the age of 18, you may only use the Site or any of this Site’s services with involvement of a parent or guardian, and you must let your parent or guardian know about The YARD’s Privacy Policy and T&C before you register to use this Site or any of this Site’s services.

Your use of the Site constitutes your agreement to follow and be bound by the T&C. We reserve the right, at any time in our sole discretion, to update, change, modify, add or remove any portion of the T&C at any time without prior notice, including, without limitation, terminating the authorization, rights and license granted in the T&C. Your continued use of the Site following any change(s) shall signify your agreement to be bound by the modified T&C. For this reason, we encourage you to review the T&C whenever you use the Site.  If you do not agree to any change to the T&C, then you must immediately stop using the Site.

We reserve the right, at any time in our sole discretion, to: terminate, change, suspend or discontinue any aspect of the Site or any service, content, feature or product offered through the Site, with or without notice; charge fees in connection with the use of the Site; modify and/or waive any fees charged in connection with the Site; and/or offer opportunities to some or all users of the Site. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through the Site.

The Site and all of its materials, including, but not limited to, its software or HTML code, scripts, text, artwork, photographs, images, video, and audio (collectively, “Materials”) are protected by copyright laws and other U.S. and international laws and treaties. All Materials are provided through the Site as a service to The YARD’s current and prospective visitors and may be used only for personal, informational, and product ordering purposes and only if you also retain all copyright and other proprietary notices contained on the Materials. No right, title or interest in our Materials is conveyed to you. This is a limited non-exclusive, non-transferable, non-sublicensable license, not a transfer of title of our Materials, and such license is subject to the following restrictions: you may not copy, reproduce, publish, transmit, distribute, perform, display, post, modify, create derivative works from, sell, license or otherwise exploit this site or any of its Materials without our prior written permission; you may not access or use this Site for any competitive or commercial purpose; nor may you permit any copying of our Materials. Any unauthorized copying, alteration, distribution, transmission, performance, display, or other use of these Materials is prohibited. We may revoke this limited license at any time for any or no reason. All rights not expressly granted are reserved by us, as applicable.

Personal Information

Your submission of personal information through the Site is governed by our Privacy Policy, which can be reached by clicking on the “Privacy Policy” link. The T&C fully incorporates by reference the terms and conditions of the Privacy Policy.

Contact

We always love hearing from our valued members and prospective members. Please contact us with any questions, concerns, feedback, or if you need any assistance with your purchase. We can be reached by email at hello@theyard.com and by phone at 646-403-3343.

Your Communications

We may, but are not obligated to, use-in any way we see fit-any ideas, suggestions, customer reviews, proposals, plans, concepts, creative ideas, know-how, text, photographs, images or techniques (“User Submissions”) contained in any communication you send to the Site or provide to us for any purpose whatsoever including, but not limited to, advertising; promotion; entertainment; commercial purposes; and developing, manufacturing and marketing products. Accordingly, we may, at any time, without restriction, use, edit, alter, copy, reproduce, disclose, display, publish, remove, prepare derivative works from, perform, distribute, translate, exhibit, broadcast, or otherwise exploit the User Submissions, in whole or in part, in any form, media or technology (e.g., broadcast and cable television, radio, mobile transmission, and the internet), now known or hereafter developed, all without any payment to or further authorization by you.

You understand that such User Submissions may be accessed and viewed by others, including by the general public, and, whether or not such User Submissions are published, The YARD does not guarantee any confidentiality with respect to any User Submissions. You are solely responsible for your own User Submissions and the consequences of their publication on our Site (assuming we choose to post them once submitted). We reserve the right to determine in our sole discretion whether User Submissions are appropriate; whether they comply with the T&C, our standards, and applicable law; and whether they may be posted or removed.  The YARD has the right but not the obligation to monitor and edit or remove any User Submissions.

Prohibited Uses of Website and Services

You shall not post, transmit, redistribute, upload, or promote any communications, content or materials that: contain corrupted files, viruses, malware or any other similar software files, the intent of which is to damage the operation of another’s computer; are unlawful, threatening, harassing, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, sexually explicit, hateful, profane, indecent, racially or ethnically derogatory, or otherwise objectionable; violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right; contain chain letters or pyramid schemes; contain any unsolicited advertising, promotional materials, or other forms of solicitation to other users, individuals or entities; impersonate any person, business or entity, including us (our brands, lines of business, subsidiaries, and affiliated companies) and our employees and agents; use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead The YARD or third parties as to the origin of any communications; encourage conduct that would constitute a criminal offense; give rise to civil liability; violate any law; or exhibit any conduct that, in our judgment, restricts, impairs, interferes or inhibits any other user from using or enjoying the Site and/or our related services and products. You are solely responsible for any comments you make and their accuracy. The YARD takes no responsibility and assumes no liability for any comments posted by you or any third party.

Links to Other Websites

This Site may contain links to other websites that are not under the control of The YARD.  The YARD has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. Links are provided solely for the convenience and information of the Site’s users. You acknowledge and agree that your linking to other websites, your use of such websites, and your use of any information, material, products and services offered by such websites, are solely at your own risk.

Trademarks

The trademarks, trade names, brand names, trade dress, names, images, logos and service marks (collectively “trademarks”) displayed on this website are registered and unregistered trademarks of The YARD and its affiliates, and they are protected by U.S. and international laws and treaties. Nothing contained on this website should be construed as granting any license or right to use any trademark without the prior written permission of The YARD.

Errors or Omissions

Occasionally there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel transactions if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your purchase of products or services).

Disclaimer

The materials on the Site are provided “as is” and “as available” and without warranties of any kind, either express or implied, including without limitation, warranties of title, implied warranties of merchantability, fitness for a particular purpose or non-infringement of intellectual property. Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, the foregoing disclaimer may not apply to you. The YARD expressly disclaims any duty to update or revise the materials on the Site, although The YARD may modify the materials at any time without notice. The YARD reserves the right to block or deny access to the Site to anyone at any time for any reason. Your use of the Site is at your sole risk, and you assume full responsibility for any costs associated with your use of the Site. The YARD shall not be liable for any damages of any kind related to your use of the Site.

Limitation of Liability

In no event will The YARD be liable to any party for any direct, indirect, incidental, special, consequential or punitive damages for use of this Site or any other hyperlinked web sites including, without limitation, lost profits or revenues, costs of replacement, business interruptions, loss of data or damages resulting from use of or reliance on the information present, even if The YARD is expressly advised about the possibility of such damages. In some jurisdictions, limitations of liability are not permitted. In such jurisdictions, the foregoing limitations on liability may not apply to you.

Indemnification

You agree that you will not use this Site for any unlawful purpose, or for any purpose prohibited by the T&C.  You agree to defend, indemnify and hold The YARD, its members, licensees, employees, agents, owners, affiliates and principals harmless from and against any and all claims, actions, disputes, damages, costs and expenses, including attorneys’ fees, arising from or related to your use of the Site and/or your breach of any representation, warranty, or other provision of the T&C.

Termination

The T&C constitute an agreement which is effective unless and until terminated by either you or The YARD. You may terminate this agreement at any time by e-mailing hello@theyard.com and refraining from further use of the Site.  The YARD may also terminate the T&C at any time and may do so immediately without notice, and hence deny the user access to the Site, if in The YARD’s sole discretion, the user fails to comply with any term or provision in the T&C. In the event this T&C is terminated, the user must destroy all materials downloaded or otherwise obtained from this Site, as well as copies of such materials. Your obligations and liabilities incurred prior to termination of the T&C shall survive the termination of this agreement for all purposes. The T&C constitutes the entire agreement between you and The YARD relating to the subject matter addressed herein.

Applicable laws

Use of the Site shall in all respects be governed by the laws of the state of New York, regardless of the laws that might be applicable under principles of conflicts of law. Subject to the satisfaction of the terms and conditions contained in the Section of this T&C entitled “Dispute Resolution,” all actions or proceedings relating, directly or indirectly, to use of the Site or The YARD’s services or products shall be resolved solely in courts located within the City, State and County of New York and you consent and agree to submit to the exclusive jurisdiction of these courts.  You hereby irrevocably agree to waive any right to a jury trial of any such claim or cause of action.

Dispute Resolution

Mindful of the high cost of litigation, not only in dollars but also in time and energy, both you and The YARD agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of the T&C (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party (by first class or registered mail) describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to: The YARD, at 246 5th Avenue, 2nd Floor, New York, NY 10001; or to you at: at the last email address that you provide to the YARD, or any other physical address you provide to The YARD. Both you and The YARD agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration, litigation or filing any claim against the other party.

Class Action Waiver

All actions or proceedings to brought to resolve any Dispute will be conducted solely on an individual basis. Both You and The YARD will not seek to have the Dispute heard as a class action or in any other proceeding in which either party acts or proposes to act in a representative capacity. No proceeding will be combined with another without the prior written consent of both you and The YARD, as well as, any other party affected by the proceedings.

Non-Waiver

The YARD’s failure to insist upon strict enforcement of any provision of this agreement shall not be construed as a waiver of any provision or right thereunder.

Severability

You agree that the terms of this T&C are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law to the fullest extent permitted under the law as nearly as possible to reflect the original intentions of the parties, and the remaining terms of the T&C will remain in full force and effect.

DMCA COMPLIANCE

If you believe any content on the Site infringes your copyright, you should immediately send a notice of any such potential infringement to The YARD’s Copyright Agent. Your notice must meet the requirements of the Digital Millennium Copyright Act (as required under 17 U.S.C. §512) by providing the following information:

1. An identification of the copyrighted work claimed to have been infringed;

2. An identification of the material that you claim is infringing so that we may locate it on the site;

3. Your address, telephone number and email address;

4. A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent or the law;

5. A statement by you that the above information in your notice is accurate, made under penalty of perjury, and that you are authorized to act on behalf of the owner of the copyright interest involved; and

6. Your signature.

The notice should be mailed to:

The Yard
Attn: Copyright Agent
246 5th Avenue, Second Floor

New York, NY 10001

Upon receipt of notice as described above, The YARD will take whatever action, in its sole discretion, it deems appropriate.