Terms And Conditions

Terms of Service
last updated Oct 15, 2017
Welcome to Your People Are Your Power! Your People Are Your Power (“YPAYP”)
provides our website located at www.yourpeopleareyourpower.com (the “Site”)
and our relaxation and self-improvement services accessible via our Site. To make
these Terms easier to read, the Site and our services are collectively called the
“Services.” Please read these Terms of Service (the “Terms”) carefully because
they govern your use of our Services.
Agreement to Terms
By using our Services, you agree to be bound by these Terms. If you don’t agree to
be bound by these Terms, do not use the Services.
Privacy Policy
Please refer to our Privacy Policy for information on how we collect, use and
disclose information from our users. You acknowledge and agree that your use of
the Services is subject to our Privacy Policy.
Changes to Terms or Services
We may modify the Terms at any time, in our sole discretion. If we do so, we’ll let
you know either by posting the modified Terms on the Site or through other
communications. It’s important that you review the Terms whenever we modify
them because if you continue to use the Services after we have posted modified
Terms on the Site, you are indicating to us that you agree to be bound by the
modified Terms. If you don’t agree to be bound by the modified Terms, then you
may not use the Services anymore. Because our Services are evolving over time
we may change or discontinue all or any part of the Services, at any time and
without notice, at our sole discretion.
Arbitration Notice
Unless you opt out of arbitration within 30 days of the date you first agree to
these terms by following the opt-out procedure specified in the “Arbitration”
section below, and except for certain types of disputes described in the
“Arbitration“ section below, you agree that disputes between you and YPAYP
will be resolved by binding, individual arbitration and you are waiving your
right to a trial by jury or to participate as a plaintiff or class member in any
purported class action or representative proceeding.
Who May Use the Services
You may use the Services only if you are 16 years or older and are not barred from
using the Services under applicable law. To make a purchase via the Services
(described in the Section titled “Purchases” below), you must be 18 years or older
and capable of forming a binding contract.
Registration and Your Information
If you want to use certain features of the Services you’ll have to create an account
It’s important that you provide us with accurate, complete and up-to-date
information for your Account and you agree to update such information, as needed,
to keep it accurate, complete and up-to-date. If you don’t, we might have to
suspend or terminate your Account. You agree that you won’t disclose your Account
password to anyone and you’ll notify us immediately of any unauthorized use of
your Account. You’re responsible for all activities that occur under your Account,
whether or not you know about them.
Using the Services
Via the Services, users can select from a variety of options to create customized
relaxation and self-improvement sessions. You can also use the paid functionality
of the Services to utilize the enhanced functionality of the Services or purchase
items that are offered for sale through the Services (the “Products”), as described in
further detail under the Section titled “Purchases” below.
You understand and agree that the Services, Products and any other information
you learn from YPAYP are not intended, designed, or implied to diagnose, prevent,
or treat any condition or disease, to ascertain the state of your health, or to be a
substitute for professional medical care. Not all activities described on the Services
or Products are suitable for everyone. Do not use the Services while driving,
operating heavy machinery, or performing other tasks that require attention and
concentration. You understand and agree that you are solely responsible for your
use of the Services.
YPAYP offers certain enhanced features of the Services which you can purchase
as a monthly, yearly or lifetime subscription (“Subscription”). A description of
features associated with Subscriptions is available via the Services. When you
purchase a Subscription or a Product (each, a “Transaction”), we may ask you to
supply additional information relevant to your Transaction, such as your credit card
number, the expiration date of your credit card and your address(es) for billing and
delivery (such information, “Payment Information”). You represent and warrant that
you have the legal right to use all payment method(s) represented by any such
Payment Information. The amounts due and payable by you for a Transaction
through the Services will be presented to you before you place your order. If you
choose to initiate a Transaction via the Services, you authorize us to provide your
Payment Information to third party service providers so we can complete your
Transaction and agree (a) to pay the applicable fees and any taxes; (b) that YPAYP
may charge your credit card or third party payment processing account, including,
but not limited to, your account with the app store or distribution platform (like the
Apple App Store, Google Play or the Amazon Appstore) where the App is made
available (each, an “App Provider”), for verification, pre-authorization and payment
purposes; and (c) to bear any additional charges that your App Provider, bank or
other financial service provider may levy on you as well as any taxes or fees that
may apply to your order. You’ll receive a confirmation email after we confirm the
payment for your order. Your order is not binding on YPAYP until accepted and
confirmed by YPAYP. All payments made are non-refundable and non-transferable
except as expressly provided in these Terms.
If you have any concerns or objections regarding charges, you agree to raise them
with us first and you agree not to cancel or reject any credit card or third party
payment processing charges unless you have made a reasonable attempt at
resolving the matter directly with YPAYP.
YPAYP reserves the right to not process or to cancel your order in certain
circumstances, for example, if your credit card is declined, if we suspect the
request or order is fraudulent, or in other circumstances YPAYP deems appropriate
in its sole discretion. YPAYP also reserves the right, in its sole discretion, to take
steps to verify your identity in connection with your order. You may need to provide
additional information to verify your identity before completing your Transaction
(such information is included within the definition of Payment Information). YPAYP
will either not charge you or refund the charges for orders that we do not process or
Title, Risk of Loss
The risk of loss and title for Products purchased by you pass from YPAYP to you on
shipment from YPAYP’s facility. All shipments are governed in accordance to
YPAYP’s standard Shipping Terms.
Return Policy
If for any reason, you are not satisfied with the Product you have purchased and
you want to return the Product, please refer to our Return Policy for information on
how you may return eligible Products.
Subscriptions Automatically Renew Until You Cancel & How to Cancel
Your Subscription
All amounts are payable and charged: (i) for one-off purchase (e.g. lifetime
Subscription), at the time you place your order; and (ii) For monthly or yearly
subscriptions, at the beginning of the subscription and, because each such
subscription renews automatically for an additional period equal in length to
the expiring subscription term until you cancel it, at the time of each renewal
until you cancel, using the Payment Information you have provided. You must
cancel your monthly or yearly Subscription before it renews to avoid the billing of
the fees for the next Subscription period. If you purchase your Subscription via the
Site, you can cancel the renewal of your subscription at any time by contacting
us by email at support@YPAYP.com. If you purchase your Subscription via an App
Provider, you can cancel the renewal of your subscription at any time with the
App Provider. You will not receive a refund for the fees you already paid for your
current subscription period and you will continue to receive the Services ordered
until the end of your current Subscription period.
Changes to Price Terms for Subscriptions
YPAYP reserves the right to change its pricing terms for Subscriptions at any time
and YPAYP will notify you in advance of such changes becoming effective.
Changes to the pricing terms will not apply retroactively and will only apply for
Subscription renewals after such changed pricing terms have been communicated
to you. If you do not agree with the changes to YPAYP’s pricing terms then you may
choose not to renew your Subscription in accordance with the section
“Subscriptions Automatically Renew Until You Cancel & How to Cancel Your
Future Functionality
You agree that your purchases are not contingent on the delivery of any future
functionality or features, or dependent on any oral or written public comments made
by YPAYP regarding future functionality or features.
We welcome feedback, comments and suggestions for improvements to the
Services or Products (“Feedback”). You can submit Feedback by emailing us at
feedback@YPAYP.com. You grant to us a non-exclusive, worldwide, perpetual,
irrevocable, fully-paid, royalty-free, sublicenseable and transferable license under
any and all intellectual property rights that you own or control to use, copy, modify,
create derivative works based upon and otherwise exploit the Feedback for any
Content and Content Rights
For purposes of these Terms, (i) “Content” means text, graphics, images, music,
software, audio, video, works of authorship of any kind, and information or other
materials that are posted, generated, provided or otherwise made available through
the Services; and (ii) “User Content” means any Content that users (including you)
provide to be made available through the Services. Content includes without
limitation User Content.
Content Ownership
YPAYP does not claim any ownership rights in any User Content and nothing in
these Terms will be deemed to restrict any rights that you may have to use and
exploit your User Content. Subject to the foregoing, YPAYP and its licensors
exclusively own all right, title and interest in and to the Services and Content,
including all associated intellectual property rights. You acknowledge that the
Services and Content are protected by copyright, trademark, and other laws of the
United States and foreign countries. You agree not to remove, alter or obscure any
copyright, trademark, service mark or other proprietary rights notices incorporated
in or accompanying the Services or Content.
Rights in User Content Granted by You
By making any User Content available through Services you hereby grant to
YPAYP a non-exclusive, transferable, sublicenseable, worldwide, royalty-free
license to use, copy, modify, create derivative works based upon, distribute, publicly
display, publicly perform and distribute your User Content in connection with
operating and providing the Services and Content to you and to other users.
Rights in Content Granted by YPAYP
Subject to your compliance with these Terms, YPAYP grants you a limited, nonexclusive, non-transferable, non-sublicenseable license to download, view, copy
and display the Content solely in connection with your permitted use of the
Services and solely for your personal and non-commercial purposes.
Rights and Terms for Apps
Rights in App Granted by YPAYP
Subject to your compliance with these Terms, YPAYP grants you a limited nonexclusive, non-transferable, non-sublicenseable license to download and install a
copy of the App on a mobile device or computer that you own or control and to run
such copy of the App solely for your own personal non-commercial purposes.
YPAYP reserves all rights in and to the App not expressly granted to you under
these Terms. You may not copy the App, except for making a reasonable number of
copies for backup or archival purposes. Except as expressly permitted in these
Terms, you may not: (i) copy, modify or create derivative works based on the App;
(ii) distribute, transfer, sublicense, lease, lend or rent the App to any third party; (iii)
reverse engineer, decompile or disassemble the App; or (iv) make the functionality
of the App available to multiple users through any means.
Additional Terms for App Store Apps
If you accessed or downloaded the App from the Apple Store, then you agree to
use the App only: (i) on an Apple-branded product or device that runs iOS (Apple’s
proprietary operating system software); and (ii) as permitted by the “Usage Rules”
set forth in the Apple Store Terms of Service.
If you accessed or downloaded the App from an App Provider, then you
acknowledge and agree that:
● These Terms are concluded between you and YPAYP, and not with App
Provider, and that, as between YPAYP and the App Provider, YPAYP, is
solely responsible for the App.
● App Provider has no obligation to furnish any maintenance and support
services with respect to the App.
● In the event of any failure of the App to conform to any applicable warranty,
you may notify App Provider and App Provider will refund the purchase price
for the App to you (if applicable) and, to the maximum extent permitted by
applicable law, App Provider will have no other warranty obligation
whatsoever with respect to the App. Any other claims, losses, liabilities,
damages, costs or expenses attributable to any failure of an App to conform
to any warranty will be the sole responsibility of YPAYP.
● App Provider is not responsible for addressing any claims you have or any
claims of any third party relating to the App or your possession and use of
the App, including, but not limited to: (i) product liability claims; (ii) any claim
that the App fails to conform to any applicable legal or regulatory
requirement; and (iii) claims arising under consumer protection or similar
● In the event of any third-party claim that the App or your possession and use
of the App infringes that third party’s intellectual property rights, YPAYP will
be solely responsible for the investigation, defense, settlement and
discharge of any such intellectual property infringement claim to the extent
required by these Terms.
● App Provider and its subsidiaries are third-party beneficiaries of these Terms
as related to your license of the App, and that, upon your acceptance of the
terms and conditions of these Terms, App Provider will have the right (and
will be deemed to have accepted the right) to enforce these Terms as related
to your license of the App against you as a third party beneficiary thereof.
● You must also comply with all applicable third-party terms of service when
using the App.
● You agree to comply with all U.S. and foreign export laws and regulations to
ensure that neither the App nor any technical data related thereto nor any
direct product thereof is exported or re-exported directly or indirectly in
violation of, or used for any purposes prohibited by, such laws and
regulations. By using the App you represent and warrant that: (i) you are not
located in a country that is subject to a U.S. Government embargo, or that
has been designated by the U.S. Government as a “terrorist supporting”
country; and (ii) you are not listed on any U.S. Government list of prohibited
or restricted parties.
You agree not to do any of the following:
● Post, upload, publish, submit or transmit any Content that: (i) infringes,
misappropriates or violates a third party’s patent, copyright, trademark, trade
secret, moral rights or other intellectual property rights, or rights of publicity
or privacy; (ii) violates, or encourages any conduct that would violate, any
applicable law or regulation or would give rise to civil liability; (iii) is
fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene,
pornographic, vulgar or offensive; (v) promotes discrimination, bigotry,
racism, hatred, harassment or harm against any individual or group; (vi) is
violent or threatening or promotes violence or actions that are threatening to
any person or entity; or (vii) promotes illegal or harmful activities or
● Use, display, mirror or frame the Services, or any individual element within
the Services, YPAYP’s name, any YPAYP trademark, logo or other
proprietary information, or the layout and design of any page or form
contained on a page, without YPAYP’s express written consent;
● Access, tamper with, or use non-public areas of the Services, YPAYP’s
computer systems, or the technical delivery systems of YPAYP’s providers;
● Attempt to probe, scan, or test the vulnerability of any YPAYP system or
network or breach any security or authentication measures;
● Avoid, bypass, remove, deactivate, impair, descramble or otherwise
circumvent any technological measure implemented by YPAYP or any of
YPAYP’s providers or any other third party (including another user) to protect
the Services;
● Attempt to access or search the Services or download Collective Content
from the Services through the use of any engine, software, tool, agent,
device or mechanism (including spiders, robots, crawlers, data mining tools
or the like) other than the software and/or search agents provided by YPAYP
or other generally available third party web browsers;
● Send any unsolicited or unauthorized advertising, promotional materials,
email, junk mail, spam, chain letters or other form of solicitation;
● Use any meta tags or other hidden text or metadata utilizing a YPAYP
trademark, logo URL or product name without YPAYP’s express written
● Use the Services for any commercial purpose or the benefit of any third party
or in any manner not permitted by these Terms;
● Forge any TCP/IP packet header or any part of the header information in any
email or newsgroup posting, or in any way use the Services to send altered,
deceptive or false source-identifying information;
● Attempt to decipher, decompile, disassemble or reverse engineer any of the
software used to provide the Services;
● Interfere with, or attempt to interfere with, the access of any user, host or
network, including, without limitation, sending a virus, overloading, flooding,
spamming, or mail-bombing the Services;
● Collect or store any personally identifiable information from the Services from
other users of the Services without their express permission;
● Impersonate or misrepresent your affiliation with any person or entity;
● Violate any applicable law or regulation; or
● Encourage or enable any other individual to do any of the foregoing.
Although we’re not obligated to monitor access to or use of the Services or Content
or to review or edit any Content, we have the right to do so for the purpose of
operating the Services, to ensure compliance with these Terms, and to comply with
applicable law or other legal requirements. We reserve the right, but are not
obligated, to remove or disable access to any Content, at any time and without
notice, including, but not limited to, if we, at our sole discretion, consider any
Content to be objectionable or in violation of these Terms. We have the right to
investigate violations of these Terms or conduct that affects the Services. We may
also consult and cooperate with law enforcement authorities to prosecute users
who violate the law.
Links to Third Party Websites or Resources
The Services and App may contain links to third-party websites or resources. We
provide these links only as a convenience and are not responsible for the content,
products or services on or available from those websites or resources or links
displayed on such websites. You acknowledge sole responsibility for and assume
all risk arising from, your use of any third-party websites or resources.
We may terminate your access to and use of the Services, at our sole discretion, at
any time and without notice to you. You may cancel your Account at any time by
sending an email to us at support@YPAYP.com. If you purchase Subscription via
an App Provider, you should also cancel your Subscription with the App Provider
directly. Upon any termination, discontinuation or cancellation of Services or your
Account, all provisions of these Terms which by their nature should survive will
survive, including, without limitation, ownership provisions, warranty disclaimers,
limitations of liability, and dispute resolution provisions.
Warranty Disclaimers
The Services, Products and Content are provided “as is,” without warranty of
any kind. Without limiting the foregoing, we explicitly disclaim any warranties
of merchantability, fitness for a particular purpose, quiet enjoyment or noninfringement and any warranties arising out of course of dealing or usage of
We make no warranty that the Services or Products will meet your requirements or
be available on an uninterrupted, secure, or error-free basis. We make no warranty
regarding the quality, accuracy, timeliness, truthfulness, completeness or reliability
of any Content.
You will indemnify and hold harmless YPAYP and its officers, directors, employee
and agents, from and against any claims, disputes, demands, liabilities, damages,
losses, and costs and expenses, including, without limitation, reasonable legal and
accounting fees, arising out of or in any way connected with (i) your access to or
use of the Services or Content or (ii) your violation of these Terms.
Limitation of Liability
Neither YPAYP nor any other party involved in creating, producing, or
delivering the Services, Products or Content will be liable for any incidental,
special, exemplary or consequential damages, including, but not limited to,
lost profits, loss of data or goodwill, service interruption, computer damage
or system failure or the cost of substitute Services or Products arising out of
or in connection with these terms or from the use of or inability to use the
Services, Products or Content, whether based on warranty, contract, tort
(including negligence), product liability or any other legal theory, and whether
or not YPAYP has been informed of the possibility of such damage, even if a
limited remedy set forth herein is found to have failed of its essential
purpose. Some jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, so the above limitation may
not apply to you.
In no event will YPAYP’s total liability arising out of or in connection with
these terms or from the use of or inability to use the Services, Products or
Content exceed the amounts you have paid to YPAYP for use of the Services,
Products or Content or fifty dollars ($50), if you have not had any payment
obligations to YPAYP, as applicable. The exclusion and limitations of
damages set forth above are fundamental elements of the basis of the
bargain between YPAYP and you.
Dispute Resolution
Governing Law
These Terms and any action related thereto will be governed by the laws of the
State of California without regard to its conflict of laws provisions.
Agreement to Arbitrate
You and YPAYP agree that any dispute, claim or controversy arising out of or
relating to these Terms or the breach, termination, enforcement, interpretation or
validity thereof or the use of the Services, Products or Content (collectively,
“Disputes”) will be settled by binding arbitration, except that each party retains the
right: (i) to bring an individual action in small claims court and (ii) to seek injunctive
or other equitable relief in a court of competent jurisdiction to prevent the actual or
threatened infringement, misappropriation or violation of a party’s copyrights,
trademarks, trade secrets, patents or other intellectual property rights (the action
described in the foregoing clause (ii), an “IP Protection Action”). Without limiting the
preceding sentence, you will also have the right to litigate any other Dispute if you
provide YPAYP with written notice of your desire to do so by email at
support@YPAYP.com within thirty (30) days following the date you first agree to
these Terms (such notice, an “Arbitration Opt-out Notice”). If you don’t provide
YPAYP with an Arbitration Opt-out Notice within the thirty (30) day period, you will
be deemed to have knowingly and intentionally waived your right to litigate any
Dispute except as expressly set forth in clauses (i) and (ii) above. The exclusive
jurisdiction and venue of any IP Protection Action or, if you timely provide YPAYP
with an Arbitration Opt-out Notice, will be the state and federal courts located in the
Northern District of California and each of the parties hereto waives any objection
to jurisdiction and venue in such courts. Unless you timely provide YPAYP with an
Arbitration Opt-out Notice, you acknowledge and agree that you and YPAYP are
each waiving the right to a trial by jury or to participate as a plaintiff or class
member in any purported class action or representative proceeding. Further,
unless both you and YPAYP otherwise agree in writing, the arbitrator may not
consolidate more than one person’s claims, and may not otherwise preside over
any form of any class or representative proceeding. If this specific paragraph is
held unenforceable, then the entirety of this “Dispute Resolution” section will be
deemed void. Except as provided in the preceding sentence, this “Dispute
Resolution” section will survive any termination of these Terms.
Arbitration Rules
The arbitration will be administered by the American Arbitration Association (“AAA”)
in accordance with the Commercial Arbitration Rules and the Supplementary
Procedures for Consumer Related Disputes (the “AAA Rules”) then in effect, except
as modified by this “Dispute Resolution” section. (The AAA Rules are available at
www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal
Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process
A party who desires to initiate arbitration must provide the other party with a written
Demand for Arbitration as specified in the AAA Rules. (The AAA provides a general
Demand for Arbitration form and a separate form for Demand for Arbitration for
California residents.) The arbitrator will be either a retired judge or an attorney
licensed to practice law and will be selected by the parties from the AAA’s roster of
arbitrators. If the parties are unable to agree upon an arbitrator within seven (7)
days of delivery of the Demand for Arbitration, then the AAA will appoint the
arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure
Unless you and YPAYP otherwise agree, the arbitration will be conducted in the
county where you reside. If your claim does not exceed $10,000, then the
arbitration will be conducted solely on the basis of the documents that you and
YPAYP submit to the arbitrator, unless you request a hearing or the arbitrator
determines that a hearing is necessary. If your claim exceeds $10,000, your right to
a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the
arbitrator will have the discretion to direct a reasonable exchange of information by
the parties, consistent with the expedited nature of the arbitration.
Arbitrator’s Decision
The arbitrator will render an award within the time frame specified in the AAA Rules.
The arbitrator’s decision will include the essential findings and conclusions upon
which the arbitrator based the award. Judgment on the arbitration award may be
entered in any court having jurisdiction thereof. The arbitrator’s award of damages
must be consistent with the terms of the “Limitation of Liability” section above as to
the types and amounts of damages for which a party may be held liable. The
arbitrator may award declaratory or injunctive relief only in favor of the claimant and
only to the extent necessary to provide relief warranted by the claimant’s individual
claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees
and expenses, to the extent provided under applicable law. YPAYP will not seek,
and hereby waives all rights it may have under applicable law to recover, attorneys’
fees and expenses if it prevails in arbitration.
Your responsibility to pay any AAA filing, administrative and arbitrator fees will be
solely as set forth in the AAA Rules. However, if your claim for damages does not
exceed $75,000, YPAYP will pay all such fees unless the arbitrator finds that either
the substance of your claim or the relief sought in your Demand for Arbitration was
frivolous or was brought for an improper purpose (as measured by the standards
set forth in Federal Rule of Civil Procedure 11(b)).
Notwithstanding the provisions of the “Modification” section above, if YPAYP
changes this “Dispute Resolution” section after the date you first accepted these
Terms (or accepted any subsequent changes to these Terms), you may reject any
such change by sending us written notice (including by email to
feedback@YPAYP.com) within 30 days of the date such change became effective,
as indicated in the “Last Updated” date above or in the date of YPAYP’s email to
you notifying you of such change. By rejecting any change, you are agreeing that
you will arbitrate any Dispute between you and YPAYP in accordance with the
provisions of this “Dispute Resolution” section as of the date you first accepted
these Terms (or accepted any subsequent changes to these Terms).
General Terms
These Terms constitute the entire and exclusive understanding and agreement
between YPAYP and you regarding the Services, Products and Content, and these
Terms supersede and replace any and all prior oral or written understandings or
agreements between YPAYP and you regarding the Services, Products and
Content. If any provision of these Terms is held invalid or unenforceable (either by
an arbitrator appointed pursuant to the terms of the “Arbitration” section above or
by court of competent jurisdiction, but only if you timely opt out of arbitration by
sending us an Arbitration Opt-out Notice in accordance with the terms set forth
above), that provision will be enforced to the maximum extent permissible and the
other provisions of these Terms will remain in full force and effect.
You may not assign or transfer these Terms, by operation of law or otherwise,
without YPAYP’s prior written consent. Any attempt by you to assign or transfer
these Terms, without such consent, will be null and of no effect. YPAYP may freely
assign or transfer these Terms without restriction. Subject to the foregoing, these
Terms will bind and inure to the benefit of the parties, their successors and
permitted assigns.
Any notices or other communications provided by YPAYP under these Terms,
including those regarding modifications to these Terms, will be given: (i) by YPAYP
via email; or (ii) by posting to the Services. For notices made by e-mail, the date of
receipt will be deemed the date on which such notice is transmitted.
YPAYP’s failure to enforce any right or provision of these Terms will not be
considered a waiver of such right or provision. The waiver of any such right or
provision will be effective only if in writing and signed by a duly authorized
representative of YPAYP. Except as expressly set forth in these Terms, the exercise
by either party of any of its remedies under these Terms will be without prejudice to
its other remedies under these Terms or otherwise.
Contact Information
If you have any questions about these Terms or the Services or Products, please
contact YPAYP at contact@yourpeopleareyourpower.com.
Software Credits