TERMS & CONDITIONS/REFUND POLICY
INTRODUCTION
Welcome to https://yea-frame.com, one of the most exciting sites on the web. The content of the pages of this website is for your general information and use only. This Agreement contains the complete terms and conditions that apply to your participation in our website, registrations and any communication between you and YEA-FRAME. By using this Web site, its tools, products and services, you agree to be bound by its terms of use and shall comply thereof. This Agreement, which together with our "Privacy & Cookies Policy" describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings regarding the Site, the content, products and services provided by or through the Site, and the subject matter of this Agreement. We may revise these terms of use at any time by amending this page. You are expected to check this page prior to each use of the site to take notice of any changes we have made, as they are binding on you. By continuing to use this Site, you agree to any changes. This page was last updated on 6/7/2019. If you disagree with any part of these terms, then you may not access this service.
The term "us", "we" or “our” refers to the owner of the website. The term "you" or “Your” refers to the user or viewer of our website. “YEA-FRAME” refers to YEA-FRAME, its owner, its associates, sublicensees and/or its affiliates.
LICENSURE
YEA-FRAME "Plan Kit" system is copyrighted and cannot be resold. The license granted upon purchase is to build only one (1) YEA-FRAME. The build must coincide with the YEA-FRAME model which was ordered. If additional builds are required, you can purchase through our "Products" page. If more than one (1) additional build is needed, please use our "Contact" form to inquire about special pricing of multiple units.
HOW & WHEN PRODUCTS ARE DELIVERED
Immediately upon a "Confirmed" transaction, a sufficient amount of file downloads will be available for the product(s) ordered. You will be given a thirty (30) day period in which to download. For your convenience, all downloadable files (including 1/4"=1' scaled plans and a materials list) will be able to be printed on standard 8.5" x 11" letter (ANSI) size paper.
Upon a "Confirmed" order, an email will be sent to the registered email address within ten (10) days with instructions on how to view the restricted assembly videos (only these videos will show the required technical information needed for assembly). Do understand that the further along the prototype is built, more videos (both public and restricted) will become available.
All plans are ready to be downloaded and the materials lists have been completed. Due to limited videos at this point, support will be provided to ensure the success of your build. Keep in mind that obtaining your building permits, clearing land and the building of your foundation, should keep you busy, while more videos are being produced. Update - Passed rough plumbing inspection on 5/9/19
An official unique Build Identification Number (B.I.N.) certificate, will be sent to your registered email address within two hundred (200) days.
To check the status of your order, or to download files, please visit the "Orders" page atop of the site.
(All days noted above, will begin from the first day after the day in which the order has been "Confirmed".)
REFUND POLICY
Unlike physical products purchased at a store, once our work has been seen, it cannot be unseen, therefore, due to the nature of our downloadable digital products, we do not offer refunds, or a credit towards other products. However, within thirty (30) days, if you change you mind about your purchase and you have not yet downloaded any of the corresponding product files, we will gladly issue you a refund upon your request.
SAFETY
YEA-FRAME is as safe (or as dangerous) to build as any other structure. While building, health and safety must be absolutely paramount. It is everyone's responsibility to ensure their own safety through such means including, but not limited to: wearing protection gear (such as sunscreen, eye, ear, foot, knee, head, harness, etc.), lifting correctly and remaining sober while working. Keep work areas clean and orderly and be aware of your surroundings at all times. Use equipment/tools (that are in proper working order) in the way that they are designed. Also, be sure to use safe building techniques to prevent slips, trips and falls. Please visit Occupational Safety and Health Administration's (OSHA) "Fall Prevention Campaign" to learn more about how you can improve safety on the job site. Peruse the many other links within their site that can further assist with the crew's safety. Regularly take a minute to discuss safety openly with fellow crew, it may just save someone's life!
One's safety precautions may not be the same as others, in YEA-FRAME assembly videos, you may see practices that you may deem to be unsafe, while others may think that safety precautions taken were excessive. It is your (and the crew's) responsibility and nobody else's to ensure that you and your crew are building in a safe environment, in a safe manner at all times.
PRODUCT DESIGN
YEA-FRAME, having been peer reviewed by construction industry professionals, has been designed with best building practices to meet most building codes throughout the country, however in certain jurisdictions, snow loads, wind loads, seismic zones and soil bearing requirements, engineer or architect approval may be necessary. Please check with your local building department/code enforcement office prior to undertaking the project.
3D images are for illustration purposes only. Builds may appear different than images, as they are unique due to individual preferences such as exterior finishes, doors and windows. Interior floor images do not include knee walls, which makes the floor area larger, however keep in mind that headroom is most important. Stairs shown may need to be rotated, or changed to straight, L-shaped, or U-shaped to meet local building codes for rise, run and headroom.
USE OF THE SITE & PROHIBITIONS
This site allows you to view informational pages, purchase products, register as a user and communicate with us. You understand and agree that you will use this site including its tools and services with full sense of responsibility and in a manner that is consistent with these terms and in such a way as to ensure compliance with all applicable laws and regulations.
You are prohibited to use our site, including its services and or tools if you are not able to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from using our sites, services, or tools.
You must not misuse our site and/or it’s rating system by knowingly introducing viruses, trojans, worms, logic bombs or other material, which is malicious or technologically harmful. You must not attempt to gain unauthorized access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offense under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
ELECTRONIC COMMUNICATIONS
When you visit YEA-FRAME and send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail, or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
POSTING PHOTOS
After first contacting us through the "Contact" form, instructions will be given for you to send a Maximum of 3 photos, no more than 1MB each of your build. Please include your name as you would like it to appear (recommended format is your first name, followed by the first letter of your last name), Model number (either #2424 or #2436), as well as location (city/town and state only). Designer reserves the right to crop/edit/resize as necessary and whether to post images or not. Images containing, but not limited to: Alcohol, drugs, lewdness, nudity, tobacco, vulgar language, as well as discriminatory, political and religious views will not be allowed. In other words, if you wish for them to appear on this site, keep them appropriate without stirring up controversy!
REGISTRATION INFORMATION
For you to complete the sign-up process in our site, you must provide your full legal name, address, a valid email address, phone number and any other information needed in order to complete the signup process. You must be 18 years or older and be responsible for keeping your password secure at all times. Any information provided by you or gathered by the site or third parties during any visit to the site shall be subject to the terms of the our "Privacy & Cookies Policy". By using our site, you consent to such processing and you warrant that all data provided by you is accurate
OWNERSHIP OF MATERIALS AND CONTENT ON SITE
The Web allows people throughout the world to share valuable information, ideas and creative works. To ensure continued open access to such materials, we all need to protect the rights of those who share their creations with us. Although we make the Site freely accessible, we don't intend to give up our rights, or anyone else's rights, to the materials appearing on them. The information, materials, products and content displayed on the site shall remain the property of YEA-FRAME and/or its licensors, and are protected by copyright, trademark and other intellectual property laws. This material includes, but is not limited to, the design, layout, look, appearance and graphics. You acquire no proprietary interest in any such rights. Furthermore, you may not remove or obscure the copyright notice or any other notices contained in the site or anything retrieved or downloaded from them. Any unauthorized use of the text, images, audio, and video displayed on the Site may violate copyright laws, trademark laws, the laws of privacy and publicity and civil and criminal statutes.
The use of the information, material and content by you, or anyone authorized by you, is prohibited unless expressly permitted by these Terms and Conditions or express permission is provided elsewhere on the Site. To the extent information is available from a third party, User should contact that third party directly. You hereby acknowledge that all rights, titles and interests, including but not limited to rights covered by the Intellectual Property Rights, in and to the site, and that You will not acquire any right, title, or interest in or to the site except as expressly set forth in this Agreement. You will not modify, adapt, translate, prepare derivative works from, recompile, reverse engineer, disassemble or otherwise attempt to derive source code from any of our services, software, or documentation, or create or attempt to create a substitute or similar service or product through use of or access to the Program or proprietary information related thereto.
All trademarks reproduced in this website which are not the property of, or licensed to, the operator are acknowledged on the website.
You may view and print contents from the Site subject to the following conditions: (a) the content may be used solely for information purposes; and (b) the content may not be modified or altered in any way. You may not republish, distribute, prepare derivative works, or otherwise use the content other than as explicitly permitted herein.
LINKS, FRAMES AND METATAGS
Links from our site
Where our site contains links to other sites and resources provided by third parties, these links are provided for your convenience to provide information only. We have not reviewed each third party website and have no responsibility for such third party websites or their content. We may or may not endorse the third party websites or make representations about them or any material contained in them. Your linking to any other site is entirely at your own risk. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. Advertisers and other content providers are responsible for ensuring that material submitted for inclusion on the Site complies with international and national law. YEA-FRAME is not responsible for any third party content or error, omission or inaccuracy in any advertising material. When accessing a site via our website, we advise you check their terms of use and privacy policies to ensure compliance and determine how they may use your information.
Links to other websites may contain affiliate links. If so, we may receive a commission if you purchase a particular product or take a particular action.
Links to our site
We welcome links to our service. You are free to establish a hypertext link to the "homepage" of this website, subject to the following conditions: you do not in any way imply that we are endorsing any services or products unless this has been specifically agreed with us; you do not misrepresent your relationship with us or present any false information about us; you do not link from a website that is not owned by you; and
your website does not contain content that is obscene, offensive, controversial, defamatory, threatening, inflammatory or degrading material or material which infringes the intellectual property or other rights of any third party or which is otherwise unlawful. This includes, but is not limited to the promotion or opposition of alcohol, gambling, illegal drugs, tobacco and weapons. By linking to this website, you agree that you have read and agree to be bound by this Links, Frames and Metatags Policy ("this Policy").
If you choose to link to our website in breach of any of our terms and conditions, you shall fully indemnify us for any loss or damage suffered as a result of your actions.
USE OF IDEAS
YEA-FRAME does not wish to receive any product, marketing, advertising or other ideas that are not covered by issued United States Patents. If you send, material or content to or via the Site by electronic mail or otherwise, including but not limited to any data, questions, comments, suggestions, or the like, and unless we indicate otherwise, all such information, material and content are, and will be treated, as non-confidential and proprietary. Anything you send or post to, or via, the Site may be used throughout the world in any media, including the right to use the name that you submit in connection with such content, by YEA-FRAME.com, for any purpose, including but not limited to reproduction, disclosure, transmission, retransmission, publication, republication, modification, adaptation, translation,broadcast, posting, archiving and creation of derivative works, without any compensation to you. These rights given by you and received by us are perpetual & irrevocable. Furthermore, YEA-FRAME is free to use, without any compensation to you, any ideas, concepts, know-how or techniques contained in any information, material or content you send or to or via the Site for any purpose whatsoever, including but not limited to developing, creating, manufacturing, marketing and selling products and services using such information, material and content. You represent and warrant that you own or otherwise control all of the rights to the content that you post: that the content is accurate: that use of the content you supply does not violate this policy and will not cause injury to any person or entity: and that you will indemnify YEA-FRAME for all claims resulting from content you supply. YEA-FRAME has the right but not the obligation to monitor and edit or remove any activity or content. YEA-FRAME takes no responsibility and assumes no liability for any content posted by you or any third party. This does not include personal data.
WARRANTY DISCLAIMER AND EXCLUSIONS / LIMITATIONS OF LIABILITY
We aim to update our site or any part of it regularly, and may change the content, products and services at any time. The information, content, products and services on the site are provided on an “as is” basis. If the need arises, we may restrict or suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material. . You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law. When you use the site and or participate therein, you understand and agree that you participate at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through this website meet your specific requirements.
YEA-FRAME will not be liable for any direct, indirect or consequential loss or damage incurred by any user in connection with our site/products or in connection with the use, inability to use, or results of the use of our site/products, any websites linked to it and any materials posted on it, including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data and/or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material;
loss of goodwill;
wasted management or office time; and
for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
In no case shall our liability, as well as the liability of our dealers, associates, agents and licensors, if any, arising out of any kind of legal claim (whether in contract, tort or otherwise) in any way connected with the Site, the Services, the Material, or the Products, exceed the total dollar amount that you paid to YEA-FRAME in the 12 months immediately preceding the event giving rise to such claim.
NON-WAIVER
Failure of YEA-FRAME to insist upon strict performance of any of the terms, conditions and covenants hereof shall not be deemed a relinquishment or waiver of any rights or remedy that the we may have, nor shall it be construed as a waiver of any subsequent breach of the terms, conditions or covenants hereof, which terms, conditions and covenants shall continue to be in full force and effect.
No waiver by either party of any breach of any provision hereof shall be deemed a waiver of any subsequent or prior breach of the same or any other provision.
MISCELLANEOUS
Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Florida, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state, province or country of residence.
The entire agreement between the parties with respect to the subject matter hereof is embodied on this agreement and no other agreement relative hereto shall bind either party herein.
Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person at any time without notice.
The provisions of this Agreement are independent of and separable from each other, and no provision shall be affected or rendered invalid or unenforceable by virtue of the fact that any other provision may be found invalid or unenforceable.
Unauthorized use of this website, including the products and services offered, may give rise to a claim for damages and/or be a criminal offense.
YEA-FRAME Management