End User License Agreement
Updated on 2023-04-27
Definitions and key terms
To help explain things as clearly as possible in this EULA, whenever reference is made to any of these terms, they are strictly defined as: the term “EULA”; and “EULA”.
Of these terms, they are strictly defined as:
● Cookie: small amount of data generated by a website and stored by your web browser. It is used to.
Identify your browser, provide analytics, remember information about you, such as your language preference or
login information.
● Company: when this policy mentions “Company”, “we”, “us”, “us” or “our”, it refers to Yellowstone Silversmiths, which is responsible for your information under this EULA.
● Platform: Yellowstone Silversmiths’ Internet website, web application or public-facing digital application.
● Country: where Yellowstone Silversmiths or the owners/founders of Yellowstone Silversmiths is located, in this case is the United States
● Device: any device connected to the Internet, such as a phone, tablet, computer or any other device that can be used to visit Yellowstone Silversmiths and use the services.
● Service: means the service provided by Yellowstone Silversmiths as described in the relative terms (if they are available) and on this platform.
● Third Parties: refers to advertisers, contest sponsors, promotional and marketing partners, and others who. Provide our content or whose products or services we believe may be of interest to you.
● Website: the Yellowstone Silversmiths site, which can be accessed through this URL:
https://yellowstonesilversmiths.com/
● You: a person or entity that is registered with Yellowstone Silversmiths to use the Services.
Introduction
This End User License Agreement (the “Agreement”) is a binding agreement between you (“End User”, “you” or “your”) and.
(“Company”, “we”, “us”, “us” or “our”). This Agreement governs the relationship between you and us, and your use of the Company.
Yellowstone Silversmiths. Throughout this Agreement, End User and Company may be referred to as a “Party” or, collectively, the “Parties”.
collectively, the “Parties.” If you are using the Platform on behalf of your employer or other entity (an “Organization”) for whose benefit you are using the Platform or who owns or controls the means of your use of the Platform.
platform or who owns or controls the means by which you use or access the platform, the terms “End User,”you” and “your” shall be used to refer to you.
end user”, “you” and “your” shall apply collectively to you as an individual and to the Organization. If you use or purchase a license to the Platform on behalf of an Organization, you hereby acknowledge, warrant and agree that you have the authority to 1) purchase a license to the platform on behalf of the Organization; 2) bind the Organization to the terms of this Agreement.
By downloading, installing, accessing or using the Platform, you: (a) affirm that you have all permissions and authorizations (b) if you are using the Platform pursuant to a license purchased by an organization, that you are authorized by the Organization to access and use the Platform. by an organization, that you are authorized by that organization to access and use the Platform; (c) you acknowledge that you have read and understand this agreement; (d) if you are using the Platform pursuant to a license purchased
and that you understand this agreement; (d) you represent that you are of sound mind and of legal age (18 years of age or older) to enter into a binding agreement; and (e) you acknowledge that you have read and understand this agreement; and a binding agreement; and (e) you agree to be legally bound by the terms and conditions of this agreement.
If you do not agree to these terms, do not download, install, access or use the software. If you have already downloaded the software, remove it from your computing device.
Yellowstone Silversmiths is licensing, not selling, the Application to you for use strictly in accordance with the terms of this Agreement
License
Subject to the terms of this Agreement and, if applicable, the terms provided in the License Agreement, Yellowstone Silversmiths grants to you a limited, non-exclusive, perpetual, revocable, non-transferable license to Silversmiths grants you a limited, non-exclusive, perpetual, revocable, non-transferable license to:
(a) Download, install and use the Software on one (1) Computing Device for each single user license you have.
Purchased and obtained. If you have multiple Computing Devices on which you wish to use the Software, you agree to purchase a license for the number of devices you wish to use the Software on.
For the number of devices you wish to use;
(b) Access, view and use on such Computing Device the End User Provided Materials made available in the Software or otherwise accessible on such Computing Device.
Available in the Software or otherwise accessible through the Software, strictly in accordance with this Agreement, and any other terms and conditions applicable to such End User Provided Materials;
(c) Install and use the trial version of the Software on any number of Computing Devices for a trial period of fifteen (15) days.
(c) Install and use the trial version of the Software on any number of Computing Devices during a single fifteen (15) day trial period after installation.
(d) Receive updates and new features as they become available for a period of one (1) year from the date you purchased the license for the Software.
You purchased the Software license.
Restrictions
You agree not to and will not permit others to:
● License, sell, rent, lease, assign, assign, distribute, transmit, transmit, host, subcontract, disclose, or commercially exploit the
Application or make the Application available to any third party.
● Modify, make derivative works, disassemble, decrypt, reverse compile or reverse engineer any part of the Application.
Reverse compile or reverse engineer any part of the Application.
● Remove, alter or obscure any proprietary notices (including any copyright or trademark notices)
of Yellowstone Silversmiths or its affiliates, partners, suppliers or licensors of the Application.
Intellectual Property
All intellectual property rights, including copyrights, patents, patent disclosures and inventions (patentable or unpatentable), service marks, trademarks, trade secrets, know-how and other intellectual property inventions (whether patentable or not), trademarks service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names and domain names. Confidential information, trade dress, trade names, trade dress, logos, corporate names and domain names.
Together with all goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) that are a part of the
intellectual property rights”) that are part of the Software that are otherwise owned by Yellowstone Silversmiths shall at all times remain the exclusive property of Yellowstone Silversmiths. Shall remain the exclusive property of Yellowstone Silversmiths (or its suppliers or licensors, if applicable). Nothing in this Agreement grants you (or any Organization) a license to the Intellectual Property Rights of Yellowstone Silversmiths.
You agree that this Agreement grants you a limited license to use the Yellowstone
Silversmiths Intellectual Property Rights, solely as part of the Software (and not independently thereof), and only during the Term of the license granted to you below.
License granted to you hereunder. Accordingly, your use of the Yellowstone Silversmiths Intellectual Property Rights, regardless of the term of the License Term.
Yellowstone Silversmiths independently of the Software or outside the scope of this Agreement will be considered an infringement of Yellowstone Silversmiths’ Intellectual Property Rights.
Of Yellowstone Silversmiths’ Intellectual Property Rights. However, this shall not limit any claim that Yellowstone Silversmiths may have for breach of contract in the event of your breach of a term or condition of this Agreement.
This Agreement. You shall use the highest standard of care to safeguard all Software (including all copies of the Software) against infringement, misappropriation, misappropriation, misuse or misappropriation. Software (including all copies thereof) against infringement, misappropriation, theft, misuse or unauthorized access. Except as expressly granted in this Agreement, Yellowstone Silversmiths reserves and shall retain all right, title and interest in and to the Software, including all rights, title and interest in and to the Software, including all rights, title and interest in and to the Software.
The Software, including all copyrights and copyrightable subject, trademarks and , patents and copyrightable subject matter, patents and patentable subject, trade secrets, and other intellectual property rights, registered, unregistered, granted, applied for, or both existing or that may be created, relating thereto.
You (or the Organization, if applicable) shall retain ownership of all Intellectual Property Rights in the Work Product(s) that you create through or with the work products you create through or with the assistance of the Software.
Your suggestions
Any reviews, comments, ideas, improvements or suggestions (collectively, “Suggestions”) that you provide to Yellowstone Silversmiths with respect to the Application shall remain the sole and exclusive property of Yellowstone Silversmiths.
Silversmiths with respect to the Application shall remain the sole and exclusive property of Yellowstone Silversmiths. Yellowstone Silversmiths shall be free to use, copy, modify, publish, or redistribute the Suggestions for any purpose and in any manner without any credit or compensation to you.
Modifications to the Application
Yellowstone Silversmiths reserves the right to modify, suspend, or discontinue, temporarily or permanently, the Application or any service to which you connect, with or without notice and without liability to you.
Application Updates
Yellowstone Silversmiths may, from time to time, provide enhancements or improvements to the features/functionality of the Application, which may include patches, bug fixes, updates, upgrades, enhancements and other modifications.
Application, which may include patches, bug fixes, updates, upgrades, enhancements and other modifications (“Updates”).
Updates may modify or remove certain features and/or functionality of the Application. You agree that Yellowstone Silversmiths is under no obligation to (i) provide Updates or (ii) continue to provide you with or enabling particular features and/or functionalities of the Application.
You further agree that all Updates will (i) be considered an integral part of the Application and (ii) be subject to the terms and conditions of this Agreement.
Duration and Termination
This Agreement will remain in effect until terminated by either you or Yellowstone Silversmiths.
Yellowstone Silversmiths may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without notice.
This Agreement will terminate immediately, without prior notice from Yellowstone Silversmiths, in the event that you fail to comply with any of the provisions of this Agreement. You may also terminate this Agreement by deleting the Application and all copies of the Application from your computer. From your computer.
Upon termination of this Agreement, you must cease all use of the Application and delete all copies of the Application from your computer.
Termination of this Agreement will not limit any of Yellowstone Silversmiths’ rights or remedies at law or in equity in the event of a breach by you (during the term of this Agreement) of any of your obligations under this Agreement.
Indemnification
You agree to indemnify, defend and hold harmless Yellowstone Silversmiths and its officers, directors, employees, agents, affiliates, successors and assigns from and against any and all losses, damages, liabilities, deficiencies, claims, actions, suits, judgments, settlements, settlements, interest, awards, penalties, fines, costs, or costs and expenses, deficiencies, claims, actions, suits, judgments, settlements, settlements, interest, awards, penalties, fines, costs or expenses of any kind, including reasonable attorney’s of any kind, including reasonable attorneys’ fees, arising out of or relating to: i) your use or misuse of the Software; ii) your failure to comply with any applicable law, regulation or governmental directive; iii) your breach of this Agreement; or iv) your agreement or relationship with an Organization (if applicable) or any third party. You further agree that Yellowstone Silversmiths assumes no responsibility or liability for any information or content that you submit or make available through this Software or content made available to you by third parties.
No Warranties
The Application is provided to you “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind.
of any kind. To the fullest extent permitted by applicable law, Yellowstone Silversmiths, on its own behalf and on behalf of its affiliates and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory, statutory or otherwise.
Express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties which may arise from course of dealing, course of performance course of dealing, course of performance, usage or trade practice. Without limiting the foregoing, Yellowstone Silversmiths makes no warranty or commitment, and does not makes no warranty or commitment, and makes no representation of any kind, that the Application will meet your requirements, achieve the
requirements, will achieve its intended results, will be compatible or operate with any other software, application, system or services, operate without interruption, meet performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Any errors or defects can or will be corrected. Without limiting the foregoing, neither Yellowstone Silversmiths nor any supplier of Yellowstone Silversmiths makes any
representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content and materials or products included therein; (ii) that the Application will be uninterrupted or error-free; (iii) that the Application will be uninterrupted or error-free; (iv) that the Application will be uninterrupted or error-free; or (iii) as to the accuracy, reliability or currency of any information or content provided through the Application; or (iv) that the Application will be uninterrupted or error-free; (v) as to the accuracy, reliability or currency of any information or content provided through the Application; or
Application; or (iv) that the Application, its servers, content or emails sent from or on behalf of Yellowstone Silversmiths are free of errors.
Yellowstone Silversmiths are free of viruses, scripts, Trojan horses, worms, malware, time bombs or other harmful components. Harmful components.
Some jurisdictions do not allow the exclusion or limitations of implied warranties or limitations on a consumer’s applicable statutory rights, so the exclusion or limitations of implied warranties may not apply to you.
Applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to you.
in your case.
Limitation of Liability
Notwithstanding any damages you may incur, the aggregate liability of Yellowstone Silversmiths and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount of any such damages.
Suppliers under any provision of this Agreement, and your exclusive remedy for all the foregoing shall be limited to the amount actually paid by you for the Application.
Actually paid by you for the Application. To the fullest extent permitted by applicable law, in no event will Yellowstone Silversmiths or its suppliers be
liable for any special, incidental, indirect or consequential damages of any kind (including, but not limited to, damages for loss of profits, for loss of data or other information, for business interruption, for personal injury, for loss of privacy arising out of or in connection with the privacy arising out of or in any way connected with the use of or inability to use the Application, third party software and/or third party hardware used in the
software and/or third party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if Yellowstone Silverstone Agreement), even if Yellowstone Silversmiths or any Supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to you the above limitation or exclusion may not apply to you.
Divisibility
If any provision of this Agreement is held to be unenforceable or invalid, such provision shall be changed and interpreted to achieve the objectives of such provision to the fullest extent possible under applicable law, and the remaining provisions shall continue in full force and effect. shall continue in full force and effect.
Disclaimer
No failure to exercise, or delay in exercising, by either party, any right or power under this Agreement shall operate as a waiver of that right or power.
This Agreement shall operate as a waiver of that right or power. The single or partial exercise of any right or power under this Agreement shall also not preclude the further exercise of any right or power under this Agreement.
Under this Agreement shall also not preclude the further exercise of that or any other right granted herein. In
In the event of any conflict between this Agreement and any purchase or other applicable terms, the terms of this Agreement shall govern.
Amendments to this Agreement
Yellowstone Silversmiths reserves the right, at its sole discretion, to modify or replace this Agreement at any time.
If a revision is material, we will provide at least 30 days’ notice before the new terms become effective.
New terms become effective. What constitutes a material change will be determined in our sole discretion.
If you continue to access or use our Application after the revisions become effective, you agree to be subject to the revised terms. If you do not agree to the new terms, you are no longer authorized to use the App.
Governing Law
The laws of the United States, excluding its conflicts of law rules, will govern this Agreement and your use of the Application. Your use of the
Application may also be subject to other local, state, national or international laws.
Changes to this Agreement
We reserve the sole right to make changes to this Agreement from time to time. Your continued access to and use of the Platform constitutes your agreement to be bound by and your acceptance of the then-current posted terms and conditions.
You acknowledge and agree to this Agreement (and any amendments thereto) each time you upload, access or use the Platform. Therefore, we therefore, we recommend that you review this Agreement regularly.
If, within thirty (30) days after the posting of changes or amendments to this Agreement, you decide that you do not agree to the updated terms, you may withdraw your acceptance of the amended terms by providing us with written notice of your withdrawal.
written notice of your withdrawal. Upon providing us with written notice of your withdrawal of your acceptance, you are no longer authorized to access or use the Platform.
No Employment or Agency Relationship
Nothing in this Agreement, or any part of the relationship between you and Yellowstone Silversmiths, is intended to create or shall be deemed or construed to create any relationship between you and Yellowstone Silversmiths other than that of Yellowstone Silversmiths.
To create nor shall it be deemed or construed to create a relationship between you and Yellowstone Silversmiths other than that of the end user end user of the Platform and the Services provided.
Equitable Relief
You acknowledge and agree that your breach of this Agreement would cause irreparable harm to Yellowstone Silversmiths for which monetary damages alone would be inadequate.
Which monetary damages alone would be inadequate. In addition to damages and any other remedies to which Yellowstone Silversmiths may be entitled, you acknowledge and agree that your breach of this Agreement would Yellowstone Silversmiths may be entitled to, you acknowledge and agree that we may seek injunctive relief to prevent the actual, threatened or continuing breach of this Agreement.
Headings
The headings in this Agreement are for reference only and shall not limit the scope of this Agreement or otherwise affect the interpretation of this Agreement.
Geographic Restrictions
The Company is headquartered in the United States and is provided for access and use primarily by persons located in the United States, and complies with U.S. laws and regulations.
United States, and complies with U.S. laws and regulations. If you use the Platform from outside the United States, you are solely responsible for compliance with local laws.
United States, you are solely and exclusively responsible for compliance with local laws.
Limitation on Time to File Claims
Any cause of action or claim you may have arising out of or related to this Agreement or the Platform must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim must be commenced within one (1) year after the cause of action accrues; otherwise, such cause of action or claim is permanently barred.
Complete Agreement
The Agreement constitutes the entire agreement between you and Yellowstone Silversmiths with respect to your use of the Application, and
supersedes all prior and contemporaneous written or oral agreements between you and Yellowstone Silversmiths.
You may be subject to additional terms and conditions that apply when you use or purchase other services from Yellowstone Silversmiths, which Yellowstone Silversmiths will provide to you at the time of such use or purchase.
Contact us at
Please feel free to contact us if you have any questions about this Agreement.
● Via email: info@yellowstonesilversmiths.com
● Through telephone number: +1 (805) 422-6298
● Via this link: https://yellowstonesilversmiths.com/
● Via this address: 120 Kainer ave Barrington City Barrington State. Illinois Cp60010
