Acceptance of Terms
This website, located at yakimadealer.com (“Website”), is owned and operated by UPPmarket, Inc. (“Site Operator”) as an authorized agent of Yakima Products, Inc (Yakima).
This Website provides users with access to information and materials about Yakima and its dealers and distributors. These materials may include information related to certain products and services ("Products and Services") offered by Yakima. The Website also contains text, pictures, graphics, logos, button items, images, works of authorship, and other content (collectively, with all information and material about Yakima, Products and Services, shall be referred to as "Content"). This Website is intended for use only by users who are at least 18 years of age.
Password Accounts, Passwords, and Security – When accessing the Portal, you are entirely responsible for maintaining the confidentiality of your password and account and for any and all activities that occur under your account. You agree to (a) immediately notify Yakima of any unauthorized use of your account or any other breach of security of which you become aware, and (b) exit completely from your account at the end of each online session. Yakima will not be liable for any loss that you or your employer may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Yakima or another party due to someone else using your account or password. You may not use anyone else's account at any time, without the permission of the account holder.
Limited License and Site Access; All Rights Reserved – Yakima hereby grants you a limited license to access and make personal use of this Website and the Content, but not to download (other than page caching) or modify it, or any portion of it, except with express written consent of Yakima (e.g., downloading of PDF forms, applications, dealer agreements, etc.). This license does not include any resale or commercial use of this Website or the Content; any derivative use of this Website or the Content; or any use of data mining, robots, or similar data gathering and extraction tools. This Website or any portion of this Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without the express written consent of Yakima. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of Yakima without Yakima express written consent. You may not use any meta-tags or any other "hidden text" utilizing any of Yakima name(s) or service marks without the express written consent of their owners. The Site Operator or Yakima (and/or its direct and indirect (through one or more intermediaries) parent entities, subsidiary entities and/or affiliated entities and/or the respective third-party owners of Content) retains all right, title, and interest in this Website and any Content, features, Products and Services offered on this Website, including any and all intellectual property rights. Yakima (or the respective third-party owners of Content) reserves all rights not expressly granted. Any unauthorized use terminates the permission or license granted by Yakima
Copyright – ©2021 Yakima Products, Inc. All rights reserved.
Except as otherwise expressly stated, all Content appearing on this Website is the copyrighted work of Yakima or its third-party content suppliers and is protected by U.S. and international copyright laws. The compilation (meaning the collection, arrangement and assembly) of all Content is also the exclusive property of Yakima and is protected by U.S. and international copyright laws. Yakima shall not be liable for any damages or claims arising out of or related to your use of the Content.
If you believe that any Content on this Website violates or infringes upon your intellectual property rights pursuant to Title 17, United States Code, Section 512(c)(2), please notify Yakima immediately by contacting us as indicated in the "Contacting Yakima" section of this Policy with all specifics necessary for Yakima to consider and respond to your complaint. You may be asked to provide additional information and follow additional procedures for Yakima to act on your complaint.
Trademarks and Service Marks – Certain trademarks are the service marks and trademarks of Yakima or one of its affiliates. The domain name for this Website, all page headers, custom graphics, and button icons are service marks, trademarks, logos, and/or trade dress of Yakima. All other trademarks, service marks, trade dress, product names, company names or logos, whether registered or not, on the Website are the property of their respective owners. In addition to complying with all applicable laws, you agree that you will not use any such trademarks, service marks, trade dress, or other logos from this Website without the prior written authorization of Yakima.
Connection Requirements – You are responsible for providing and maintaining, at your own risk, option and expense, any hardware, software and communication lines required to access and use this Website, and Yakima reserves the right to change the access configuration of this Website at any time without prior notice.
Prohibited Use – Any use or attempted use of this Website (i) for any unlawful, unauthorized, fraudulent or malicious purpose, or (ii) that could damage, disable, overburden, or impair any server, or the network(s) connected to any server, or (iii) interfere with any other party's use and enjoyment of the Website, or (iv) to gain unauthorized access to any other accounts, computer systems or networks connected to any server or systems through hacking, password mining or any other means, or (v) to access systems, data or information not intended by Yakima to be made accessible to a user, or (vi) attempt to obtain any materials or information through any means not intentionally made available by Yakima, or (vii) any use other than the business purpose for which it was intended, is prohibited.
In addition, in connection with your use of the Website, you agree you will not:
a) Upload or transmit any message, information, data, text, software or images, or other content ("Material") that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, or otherwise objectionable, or that may invade another's right of privacy or publicity;
b) Create a false identity for the purpose of misleading others or impersonate any person or entity, including, without limitation, any Yakima representative, or falsely state or otherwise misrepresent your affiliation with a person or entity;
c) Upload or transmit any material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);
d) Upload files that contain viruses, trojan horses, worms, time bombs, cancel-bots, corrupted files, or any other similar software or programs that may damage the operation of another's computer or property of another;
e) Delete any author attributions, legal notices or proprietary designations or labels that you upload to any communication feature;
f) Use the Website’s communication features in a manner that adversely affects the availability of its resources to other users (e.g., excessive shouting, use of all caps, or flooding continuous posting of repetitive text);
g) Upload or transmit any unsolicited advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes" or any other form of solicitation, commercial or otherwise;
h) Violate any applicable local, state, national or international law;
i) Upload or transmit any material that infringes any patent, trademark, service mark, trade secret, copyright or other proprietary rights of any party;
j) Delete or revise any material posted by any other person or entity;
k) Manipulate or otherwise display the Website by using framing, mirroring or similar navigational technology or directly link to any portion of the Website other than the main homepage in accordance with the Limited License and Site Access outlined above;
l) Probe, scan, test the vulnerability of or breach the authentication measures of, this Website or any related networks or systems;
(m) Register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any Products and Services if you are not expressly authorized by such party to do so;
(n) Harvest or otherwise collect information about others, including e-mail addresses; or
(o) Use any robot, spider, scraper, or other automated or manual means to access this Website or copy any content or information on this Website.
No Yakima Editorial Control of Third-Party Content; No Statement as to Accuracy – To the extent that any of the Content included in the Website is provided by third party content providers or Users, Yakima has no editorial control or responsibility over such Content. Therefore, any opinions, statements, products, services or other information expressed or made available by third party suppliers or Users on this Website are those of such third-party suppliers or Users, respectively. Yakima does not represent or endorse the accuracy or reliability of any opinion, statement or other information provided by any third party, or represent or warrant that your use of the Content displayed on this Website or referenced content or service providers will not infringe rights of third parties not owned by or affiliated with Yakima.
Disclaimer – Content and other information contained on this Website has been prepared by Yakima as a convenience to its Users and is not intended to constitute advice or recommendations upon which a User may rely. Yakima has used reasonable efforts in collecting, preparing and providing quality information and material, but makes no warranty or guarantee about the accuracy, completeness, or adequacy of the Content or other information contained in or linked to this Website or any other Website maintained by Yakima. Users relying on Content or other information from this Website do so at their own risk.
The information and descriptions contained herein are not intended to be complete descriptions of the terms, exclusions and conditions applicable to the Products and Services, but are provided solely for general informational purposes; please refer to the relevant agreement between you and Yakima for complete terms and conditions. Should you purchase a product or service from Yakima or a third party, the terms and conditions applicable to that transaction will govern such entry or purchase, as applicable, and your use of this Website does not affect that purchase in any manner.
YOUR USE OF THIS WEBSITE IS AT YOUR SOLE RISK. ALL CONTENT, PRODUCTS AND SERVICES ARE PROVIDED ON AN "AS IS" OR "AS AVAILABLE" BASIS, AND YAKIMA AND THE SITE OPERATOR EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT AND SATISFACTORY QUALITY. NEITHER THE SITE OPERATOR NOR YAKIMA MAKE ANY WARRANTY THAT THE CONTENT IS ACCURATE, TIMELY, UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE, OR THAT ANY SUCH PROBLEMS WILL BE CORRECTED.
Limitation of Liability
YOU UNDERSTAND AND AGREE THAT NEITHER YAKIMA NOR THE SITE OPERATOR WILL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS, USE, DATA OR OTHER INTANGIBLE LOSSES, EVEN IF YAKIMA OR THE SITE OPERATOR HAS BEEN ADVISED OF THE POSSIBILITIES OF THOSE DAMAGES, RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE, PRODUCTS AND SERVICES OR CONTENT, THE COST OF OBTAINING SUBSTITUTE PRODUCTS AND SERVICES RESULTING FROM ANY LOSS OF DATA, INFORMATION, PRODUCTS AND SERVICES OBTAINED FROM PURCHASES OR TRANSACTIONS, OR STATEMENTS OR CONDUCT OF ANY THIRD PARTY, OR ANY OTHER MATTER RELATED TO THE WEBSITE, PRODUCTS AND SERVICES OR CONTENT. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE WEBSITE IS PREDICATED UPON YOUR WAIVER OF ANY RIGHT TO SUE THE SITE OPERATOR, YAKIMA AND ITS AFFILIATES DIRECTLY OR TO PARTICIPATE IN A CLASS ACTION SUIT FOR ANY LOSSES OR DAMAGES RESULTING FROM YOUR USE OF THE WEBSITE.
CERTAIN STATE LAWS 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, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
Restricted Rights – The information that is downloaded from this Website for or on behalf of the government of the United States of America and/or its agencies (the "U.S. Government") is provided with Restricted Rights. Use, duplication, or disclosure by the U.S. Government is subject to the restrictions set forth in DFARS 252.227-7013 and FAR 52.227-14 and 48 CFR 52.227-19, as applicable.
Yakima Products, Inc.
Attn: Legal Committee
4101 Kruse Way
Lake Oswego, OR 97035