YUPIX Terms of Use

Welcome, and thank you for your interest in YPX Realty LLC. (“ YUPIX ,” “ we ,” “ our ,” or “ us ”) and our website at YPXRealty.com , along with our related websites, videos, renderings, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “ Service ”). These Terms of Use are a legally binding contract between you and YUPIX regarding your use of the Service.  

PLEASE READ THE FOLLOWING TERMS AND CONDITIONS CAREFULLY:  

BY ACCESSING OR USING THE SERVICE , YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING YUPIX’S PRIVACY POLICY (TOGETHER, THESE “ TERMS ”). IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO USE THE SERVICE. YOUR USE OF THE SERVICE, AND YUPIX’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY YOU AND YUPIX TO BE BOUND BY THESE TERMS.  

  1. NOTICES AND DISCLAIMERS  
    1. ARBITRATION NOTICE . EXCEPT FOR CERTAIN KINDS OF DISPUTES DESCRIBED IN SECTION  16 , YOU AGREE THAT DISPUTES ARISING UNDER THESE TERMS WILL BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND BY ACCEPTING THESE TERMS, YOU AND YUPIX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING.  
    2. UNIT, PROPERTY AND PROJECT NOTICE. YOU HAVE READ, UNDERSTOOD AND AGREE TO THE TERMS AND CONDITIONS SET FORTH IN SECTION 5 WITH RESPECT TO THE 3D RENDERINGS OF PROPERTIES.    
    3. TELEMARKETING NOTICE. YOU AGREE TO RECEIVE TEXTS AND/OR CALLS FROM OR ON BEHALF OF YUPIX AT THE PHONE NUMBER YOU PROVIDE TO US AS FURTHER DESCRIBED IN SECTION 9 THESE TEXTS AND/OR CALLS WILL INCLUDE APPOINTMENT REMINDERS, PERSONALIZED RECOMMENDATION AND SURVEYS. YOU UNDERSTAND AND AGREE THAT THESE TEXTS AND/OR CALLS MAY BE CONSIDERED TELEMARKETING UNDER APPLICABLE LAW, THEY MAY BE SENT USING AN AUTOMATIC TELEPHONE DIALING SYSTEM OR OTHER AUTOMATED TECHNOLOGY, AND YOUR CONSENT IS NOT A CONDITION OF ANY PURCHASE. 
    4. HEALTH WARNING. YUPIX PRESENTATIONS MAY CONTAIN FLASHING LIGHTS THAT MAY NOT BE SUITABLE FOR USERS WITH PHOTOSENSITIVE EPILEPSY. USER DISCRETION IS ADVISED.  

  2. YUPIX Service Overview . YUPIX provides its users with the unique opportunity to experience computerized visualizations and social interactions in a virtual reality environment and two-dimensionally on computers and other devices. 
     
  3. Eligibility . You must be at least 18-years old to use the Service; if you are under the age of 18, your parent or guardian must agree to these Terms on your behalf and both you and your parent or guardian agree to be bound by these Terms. By agreeing to these Terms, you represent and warrant to us that: (a) you can form a binding contract with us; (b) you have not previously been suspended or removed from the Service; and (c) your registration and your use of the Service is in compliance with any and all applicable laws and regulations. If you are an entity, organization, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.

  4. Accounts and Registration . To access some features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you will be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at privacy@YUPIX.com.  

  5. UNIT, PROPERTY AND PROJECT DISCLAIMER. THE INFORMATION CONTAINED HEREIN DOES NOT CONSTITUTE AN OFFER OF SALE OR A SOLICITATION OF OFFERS TO PURCHASE UNITS. ALL 3D RENDERINGS ARE CONCEPTUAL FOR REPRESENTATIONAL, ILLUSTRATIVE AND INFORMATIONAL PURPOSES ONLY AND SUBJECT TO VARIANCES. “ VARIANCES ” MAY INCLUDE, BUT ARE NOT LIMITED TO THE FEATURES, FINISHES, FIXTURES, AMENITIES, FLOOR PLANS, LAYOUTS, ROOM SIZES, ROOM SHAPES, FURNITURE, CABINETS, FURNISHINGS, LIGHT EXPOSURE AND VIEWS. ALL VARIANCES AND OTHER IMPROVEMENTS REPRESENTED ARE NOT TO SCALE OR SHOWN IN THEIR FINAL LOCATIONS AND ORIENTATIONS AS-BUILT. OPTIONS AND UPGRADES FEATURED IN 3D RENDERINGS MAY OR MAY NOT BE AVAILABLE FOR PURCHASE, AND ARE NOT REPRESENTATIVE OF THE STANDARD FEATURES OF THE PROJECT AS PRESENTLY PLANNED. ALL VARIANCES AND SPECIFICATIONS AND PLANS ARE SUBJECT TO CHANGE WITHOUT NOTICE TO YOU. ALL FURNITURE, ART, VARIANCES AND ITEMS OF FINISH AND DECORATION OF THE UNITS WITHIN THE PROJECT ARE FOR ILLUSTRATIVE PURPOSES ONLY, AND WILL NOT BE INCLUDED IN THE UNIT UNLESS OTHERWISE PROVIDED IN THE PURCHASE AND SALE DOCUMENTS. YUPIX AND THE PROPERTY DEVELOPER MAKE NO REPRESENTATIONS REGARDING ANY VARIANCES INCLUDING ANY VIEW FROM A PARTICULAR UNIT AND LIGHT EXPOSURE AT ANY TIME INCLUDING ANY EXISTING OR FUTURE CONSTRUCTION. VIEWS SHOWN IN THE 3D RENDERINGS ARE FOR ILLUSTRATIVE PURPOSES ONLY AND NOT GUARANTEED IN THE FINAL CONSTRUCTION OF THE PROJECT AND CANNOT BE RELIED UPON AS THE ACTUAL VIEW FROM ANY PARTICULAR UNIT WITHIN THE PROJECT. VIEWS WILL DIFFER DEPENDING ON CONDITIONS SUCH AS FLOOR PLAN, LOCATION, AND EXTERIOR ATTRIBUTES AND SUBJECT TO CHANGE IN THE FUTURE DUE TO CONSTRUCTION OF BUILDINGS ON ADJACENT OR NEIGHBORING PROPERTIES. THE INFORMATION AND MATERIALS DESCRIBED HEREIN SHOULD NOT BE RELIED UPON BY YOU OR ANY PERSON OR ENTITY FOR ANY REASON OTHER THAN TO GAIN INTEREST IN OBTAINING ADDITIONAL INFORMATION REGARDING THE PROJECT.  

  6. Licenses  
    1. Limited License . Subject to your complete and ongoing compliance with these Terms, YUPIX grants you, solely for your personal, non-commercial use, a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service.  
    2. License Restrictions . Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.  
    3. Feedback . We respect and appreciate your thoughts and comments. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service or property shown in the 3D renderings (“ Feedback ”), then you hereby grant YUPIX an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.  

  7. Ownership; Proprietary Rights . The Service is owned and operated by YUPIX. The visual interfaces, graphics, design, 3D environments, compilation, information, data, computer code (including source code or object code), products, software, services, and all other elements of the Service provided by YUPIX (“ Materials ”) are protected by intellectual property and other laws. All Materials included in the Service are the property of YUPIX or its third-party licensors. Except as expressly authorized by YUPIX, you may not make use of the Materials. There are no implied licenses in these Terms and YUPIX reserves all rights to the Materials not granted expressly in these Terms.  

  8. Third-Party Terms . The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“ Third-Party Components ”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.  

  9. Communications  
    1. Email . We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.  
    2. Text Messaging & Phone Calls . You agree that YUPIX and those acting on our behalf may call and send you text (SMS) messages at the phone number you provide us. These calls and messages may include operational calls or messages about your use of the Service, as well as marketing calls or messages. Calls and text messages may be made or sent using an automatic telephone dialing system. Standard data and message rates may apply whenever you send or receive such calls or messages, as specified by your carrier. IF YOU WISH TO OPT OUT OF MARKETING CALLS AND TEXT MESSAGES FROM YUPIX, YOU CAN EMAIL MARKETING@YUPIX.COM OR TEXT THE WORD “STOP” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES. IF YOU WISH TO OPT OUT OF ALL CALLS AND TEXT MESSAGES FROM YUPIX, YOU CAN EMAIL MARKETING @YUPIX.COM OR TEXT THE WORD “STOPALL” TO THE NUMBER FROM WHICH YOU ARE RECEIVING THE MESSAGES, HOWEVER YOU ACKNOWLEDGE THAT OPTING OUT OF RECEIVING ALL MESSAGES MAY IMPACT YOUR USE OF THE SERVICE. You may continue to receive calls and text messages for a short period while we process your request, including a message confirming the receipt of your opt-out request. Your agreement to receive marketing calls and texts is not a condition of any purchase on or use of the Service.  

  10. Prohibited Conduct . By using the Service, you agree not to:  
    • use the Service for any illegal purpose or in violation of any local, state, national, or international law;  
    • violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right;  
    • access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by YUPIX;  
    • interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law;  
    • interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service;  
    • perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identify, accessing any other Service account without permission, or falsifying your age or date of birth;  
    • sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section  7 ) or any right or ability to view, access, or use any Materials; or  
    • attempt to do any of the acts described in this Section  10 or assist or permit any person in engaging in any of the acts described in this Section  10.
       
  11. Modifications to the Terms and Service  
    1. Modification of Terms . We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service.  If you do not agree to the modified Terms, then you should discontinue your use of the Service. Except as expressly permitted in this Section  11 , these Terms may be amended only by a written agreement signed by authorized representatives of the parties to these Terms.  
    2. Modification of the Service . YUPIX reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. YUPIX will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service.   

  12. Term and Termination   
    1. Term . These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in Section  12.2 .  
    2. Termination . If you violate any provision of these Terms, then your authorization to access the Service and these Terms automatically terminate. In addition, YUPIX may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time by deleting it in your account profile or by contacting customer service at YUPIX@YUPIX.com.  
    3. Effect of Termination . Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorized to access your account or the Service; (c) you must pay YUPIX any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and all definitions and Sections 0 , 5 , 6.3 , 7 , 9.1 , 12.3 , 13 through 17 will survive.  

  13. Indemnity . To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify YUPIX, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “ YUPIX Entities ”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (1) your unauthorized use of, or misuse of, the Service; (2) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (3) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.  

  14. Disclaimers; No Warranties by YUPIX  
    1. THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. YUPIX DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. YUPIX DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND YUPIX DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED.  
    2. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR YUPIX ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE YUPIX ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT.  
    3. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION  14 APPLY TO THE FULLEST EXTENT PERMITTED BY LAW. YUPIX DOES NOT DISCLAIM ANY WARRANTY OR OTHER RIGHT THAT YUPIX IS PROHIBITED FROM DISCLAIMING UNDER APPLICABLE LAW.  

  15. Limitation of Liability  
    1. TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL THE YUPIX ENTITIES BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, OR ANY OTHER INTANGIBLE LOSS) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR YOUR INABILITY TO ACCESS OR USE, THE SERVICE OR ANY MATERIALS OR CONTENT ON THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT ANY YUPIX ENTITY HAS BEEN INFORMED OF THE POSSIBILITY OF DAMAGE.  
    2. EXCEPT AS PROVIDED IN SECTIONS 16.5 AND  16.6 AND TO THE FULLEST EXTENT PERMITTED BY LAW, THE AGGREGATE LIABILITY OF THE YUPIX ENTITIES TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE USE OF OR ANY INABILITY TO USE ANY PORTION OF THE SERVICE OR OTHERWISE UNDER THESE TERMS, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF: (a) THE AMOUNT YOU HAVE PAID TO YUPIX FOR ACCESS TO AND USE OF THE SERVICE IN THE 12 MONTHS PRIOR TO THE EVENT OR CIRCUMSTANCE GIVING RISE TO THE CLAIM AND (b) US$100.  
    3. EACH PROVISION OF THESE TERMS THAT PROVIDES FOR A LIMITATION OF LIABILITY, DISCLAIMER OF WARRANTIES, OR EXCLUSION OF DAMAGES IS INTENDED TO AND DOES ALLOCATE THE RISKS BETWEEN THE PARTIES UNDER THESE TERMS. THIS ALLOCATION IS AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. EACH OF THESE PROVISIONS IS SEVERABLE AND INDEPENDENT OF ALL OTHER PROVISIONS OF THESE TERMS. THE LIMITATIONS IN THIS SECTION  15 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE.  

  16. Dispute Resolution and Arbitration  
    1. Generally . In the interest of resolving disputes between you and YUPIX in the most expedient and cost effective manner, and except as described in Section  16.2 and 16.3 , you and YUPIX agree that every dispute arising in connection with these Terms, the Service, and communications from us will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Service, or any communications to or from us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND YUPIX ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.  
    2. Exceptions . Despite the provisions of Section  16.1 , nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
    3. Opt-Out . If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section  16 within 30 days after the date that you agree to these Terms by sending a letter to YUPIX Inc., Attention: Legal Department – Arbitration Opt-Out, 2811 NW 5 Ave, Miami, FL 33127 that specifies: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“ Opt-Out Notice ”). Once YUPIX receives your Opt-Out Notice, this Section  16 will be void and any action arising out of these Terms will be resolved as set forth in Section  17.2 . The remaining provisions of these Terms will not be affected by your Opt-Out Notice.  
    4. Arbitrator . Any arbitration between you and YUPIX will be settled under the Federal Arbitration Act and administered by the American Arbitration Association (“ AAA ”) under its Consumer Arbitration Rules (collectively, “ AAA Rules ”) as modified by these Terms. The AAA Rules and filing forms are available online at www.adr.org, by calling the AAA at +1-800-778-7879, or by contacting YUPIX. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.  
    5. Notice of Arbitration; Process . A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified U.S. Mail or by Federal Express (signature required) or, only if that other party has not provided a current physical address, then by electronic mail (“ Notice of Arbitration ”). YUPIX’s address for Notice of Arbitration is: YUPIX Inc., 2811 NW 5 Ave, Miami, FL 33127. The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“ Demand ”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or YUPIX may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or YUPIX must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by YUPIX in settlement of the dispute prior to the award, YUPIX will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) US$10,000.   
    6. Fees . If you commence arbitration in accordance with these Terms, YUPIX will reimburse you for your payment of the filing fee, unless your claim is for more than US$10,000, in which case the payment of any fees will be decided by the AAA Rules. Any arbitration hearing will take place at a location to be agreed upon in the county and state of your [residence/billing address], but if the claim is for US$10,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the AAA Rules in the county (or parish) of your [residence/billing address]. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In that case, you agree to reimburse YUPIX for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.  
    7. No Class Actions . YOU AND YUPIX AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and YUPIX agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.  
    8. Modifications to this Arbitration Provision . If YUPIX makes any future change to this arbitration provision, other than a change to YUPIX’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to YUPIX’s address for Notice of Arbitration, in which case your account with YUPIX will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.  
    9. Enforceability . If Section  16.7 or the entirety of this Section  16 is found to be unenforceable, or if YUPIX receives an Opt-Out Notice from you, then the entirety of this Section  16 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section  17.2 will govern any action arising out of or related to these Terms.  

  17. Miscellaneous  
    1. General Terms . These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and YUPIX regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.  
    2. Governing Law . These Terms are governed by the laws of the State of Florida without regard to conflict of law principles. You and YUPIX submit to the personal and exclusive jurisdiction of the state courts and federal courts located within Miami-Dade County, Florida for resolution of any lawsuit or court proceeding permitted under these Terms. We operate the Service from our offices in Florida, and we make no representation that Materials included in the Service are appropriate or available for use in other locations.  
    3. Privacy Policy . Please read the YUPIX Privacy Policy (the “ Privacy Policy ”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The YUPIX Privacy Policy is incorporated by this reference into, and made a part of, these Terms.  
    4. Additional Terms . Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “ Additional Terms ”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.  
    5. Consent to Electronic Communications . By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.  
    6. Contact Information . The Service is offered by YUPIX Inc, located at 2811 NW 5 Ave, Miami, FL 33127. You may contact us by sending correspondence to that address or by emailing us at YUPIX@YUPIX.com.  
    7. Notice to California Residents . If you are a California resident, then under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at +1-800-952-5210 in order to resolve a complaint regarding the Service or to receive further information regarding use of the Service.  
    8. No Support . We are under no obligation to provide support for the Service. In instances where we may offer support, the support will be subject to published policies.  
    9. International Use . The Service is intended for visitors located within the United States. We make no representation that the Service is appropriate or available for use outside of the United States. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.  

Last Updated: Mar 14, 2023

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