Terms of Service

Last Updated: October 26, 2023

Welcome to yondernest.com. These Terms of Service ("Terms") govern your access to and use of the yondernest.com website and any related services, content, and applications (collectively, the "Service") provided by yondernest.com ("we," "us," "our," or the "Company").

Please read these Terms carefully before using the Service. By accessing or using the Service, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to all of these Terms, you are not authorized to use the Service.

1. Acceptance of Terms

By accessing, browsing, or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. These Terms constitute a legally binding agreement between you and yondernest.com.

We reserve the right to modify, update, or replace these Terms at any time at our sole discretion. We will provide notice of significant changes by posting the new Terms on the Service and updating the "Last Updated" date. It is your responsibility to check this page periodically for changes. Your continued use of the Service following the posting of any changes constitutes acceptance of those changes.

2. Use of Service

The Service is provided for your personal, non-commercial use, unless otherwise explicitly agreed in writing by yondernest.com.

2.1 Eligibility

You must be at least 18 years of age, or the age of majority in your jurisdiction, to use the Service. By using the Service, you represent and warrant that you meet all eligibility requirements.

2.2 Account Registration

Certain features of the Service may require you to register for an account. You agree to provide accurate, current, and complete information during registration and to update such information to keep it accurate. You are responsible for safeguarding your account password and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account.

2.3 Service Modifications and Availability

We reserve the right to modify, suspend, or discontinue, temporarily or permanently, the Service or any part of it with or without notice. We will not be liable to you or any third party for any modification, suspension, or discontinuance of the Service.

3. User Responsibilities

You are solely responsible for your conduct and any data, text, files, information, or other materials that you submit, post, or display on or via the Service.

3.1 Prohibited Activities

You agree not to engage in any of the following prohibited activities:

• Using the Service for any illegal purpose or in violation of any local, state, national, or international law.
• Harassing, abusing, threatening, or intimidating any other users of the Service.
• Impersonating any person or entity, or falsely stating or misrepresenting your affiliation with a person or entity.
• Interfering with or disrupting the Service or servers or networks connected to the Service.
• Attempting to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures.
• Using any robot, spider, scraper, or other automated means to access the Service for any purpose without our express written permission.
• Uploading or transmitting viruses, worms, or any other malicious code.
• Violating the intellectual property rights or other proprietary rights of yondernest.com or any third party.

3.2 User Content

You retain ownership of any content you submit or post ("User Content"). By submitting User Content, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Service and our business.

You are solely responsible for your User Content and the consequences of posting it. We reserve the right to remove any User Content that we determine, in our sole discretion, violates these Terms.

4. Intellectual Property

4.1 Our Property

The Service and its original content, features, functionality, design, and layout are and will remain the exclusive property of yondernest.com and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of yondernest.com.

4.2 Third-Party Property

The Service may contain content, features, or functionality that are owned by third parties. Such content is provided for your convenience only. All third-party trademarks and copyrights are the property of their respective owners.

5. Limitation of Liability

5.1 Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE.

5.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL YONDERNEST.COM, ITS DIRECTORS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; (III) ANY CONTENT OBTAINED FROM THE SERVICE; AND (IV) UNAUTHORIZED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

5.3 Indemnification

You agree to defend, indemnify, and hold harmless yondernest.com and its licensees and licensors, and their employees, contractors, agents, officers, and directors, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees), resulting from or arising out of a) your use and access of the Service, by you or any person using your account and password; b) a breach of these Terms, or c) User Content posted