Last Modified: May 18, 2023
YearOne allows you to interact with us, provides you the opportunity to contact us directly, and may provide you with access to and use of certain products and services. While we want you to enjoy the experience of YearOne, we also want you to understand the terms and conditions to which you agree when using YearOne.
EligibilityYearOne is offered and available to Users who are 18 years of age or older. By using YearOne, you represent and warrant that you are of legal age to form a binding contract with us. If you do not meet this requirement, you are not permitted to access or use YearOne.
Use of YearOne and its features and registration to be a Member ("Membership") are void where prohibited. By using YearOne and its features, you represent and warrant that (a) you are not a minor and may otherwise enter into and form binding contracts under applicable law; (b) all registration information you submit is truthful and accurate; (c) you will maintain the accuracy of such information; and (d) your use of YearOne and its features does not violate any applicable law or regulation.
Accessing the Website and Account Security
We reserve the right to withdraw or amend YearOne and any service or material we provide on YearOne, at our sole discretion without notice. We will not be liable if for any reason all or any part of YearOne is unavailable at any time or for any period. From time to time, we may restrict access to some parts or all of YearOne to Users, including Members.
You are responsible for both:
- Making all arrangements necessary for you to have access to YearOne.
If you register to become a Member, you will be asked to provide an email address and password. You are solely responsible for maintaining the confidentiality of this information. You are not permitted to allow anyone else to use your user name and password to log into YearOne. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
You must notify us immediately if you suspect any unauthorized use of your account or access to your password. You are solely responsible for any and all use of your account, so please be vigilant in protecting its confidentiality.
Your Use of YearOne
- In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
- For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate Content, asking for personally identifiable information, or otherwise.
- To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.
- To impersonate or attempt to impersonate PocketMentor, a PocketMentor employee, another User, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of YearOne, or which, as determined by us, may harm the PocketMentor or Users of YearOne, or expose them to liability.
Additionally, you agree not to:
- Use YearOne in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of YearOne, including their ability to engage in real time activities through YearOne.
- Use any robot, spider, or other automatic device, process, or means to access YearOne for any purpose, including monitoring or copying any of the material on YearOne.
- Use any device, software, or routine that interferes with the proper working of YearOne.
- Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
- Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of YearOne, the server on which YearOne is stored, or any server, computer, or database connected to YearOne.
- Attack YearOne via a denial-of-service attack or a distributed denial-of-service attack.
- Otherwise attempt to interfere with the proper working of YearOne.
Intellectual Property Rights
YearOne and its Contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
Our company name, the terms YEARONE, our logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the PocketMentor or its affiliates or licensors. You shall not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Content You Upload
By displaying, publishing Content on the Site, or otherwise submitting Content to us (collectively, "posting"), you hereby grant to PocketMentor an irrevocable, perpetual, worldwide, royalty-free, non-exclusive license to use, modify, delete from, add to, create derivative works of, publicly perform, publicly display, reproduce and distribute (and to sublicense the foregoing rights through multiple tiers of licensees) such Content on or through YearOne. From time to time, we may remove Content from YearOne, permanently or temporarily.
User ContributionsYearOne may contain message boards, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively "Interactive Services") that allow Users to post Content (collectively, "User Contributions") on YearOne. All User Contributions must comply with the following our Content Standards.
You represent and warrant that: (a) you own the Content posted by you on or through YearOne or otherwise have the right to grant the licenses set forth above, and (b) the posting of your Content on or through YearOne does not violate the privacy rights, publicity rights, contract rights, intellectual property or any other rights of any person or entity. You agree to be fully responsible for and to pay any and all royalties, fees, and any other monies owing any person or entity by reason of any Content posted by you.
User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
- Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
- Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
- Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
- Be likely to deceive any person.
- Promote any illegal activity, or advocate, promote, or assist any unlawful act.
- Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
- Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
- Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
- Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Reporting Claims of Copyright Infringement
We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from YearOne infringe your copyright, you may request removal of those materials (or access to them) from YearOne by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), if you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.
Our designated copyright agent to receive DMCA Notices is:
Please be aware that if you knowingly materially misrepresent that material or activity on YearOne is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
Counter Notification Procedures
If you believe that material you posted on YearOne was removed or access to it was disabled by mistake or misidentification, you may file a counter notification with us (a "Counter Notice") by submitting written notification to our copyright agent designated above. The DMCA allows us to restore the removed content if the party filing the original DMCA Notice does not file a court action against you within 10 business days of receiving the copy of your Counter Notice.
Please be aware that if you knowingly materially misrepresent that material or activity on the Website was removed or disabled by mistake or misidentification, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.
It is our policy in appropriate circumstances to disable or terminate the accounts of users who are repeat infringers.
We are not responsible for and make no warranties, express or implied, as to any Content on YearOne, including, without limitation with respect to the accuracy and reliability of the Content, including User Content, whether caused by us, by Users, by any of the equipment or programming associated with or utilized by YearOne, or otherwise. The User Content does not necessarily reflect our opinions or policies. Content, including User Contributions, may contain links to other websites. We are not responsible for the Content, accuracy or opinions expressed on such websites, and such websites are not necessarily investigated, monitored or checked for accuracy or completeness by PocketMentor.
Inclusion of any linked website on YearOne does not imply our approval or endorsement of the linked website. When you access these third party sites, you do so at your own risk. We take no responsibility for third party advertisements or third party applications that are posted on or through YearOne, nor do we take any responsibility for the goods or services provided by our advertisers. We are not responsible for the conduct, whether online or offline, of any User of YearOne including, without limitation, any Content posted by any User.
We assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any User or Member communication. We are not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of any email or players due to technical problems or traffic congestion on the Internet or on any portion of YearOne or combination thereof, including any injury or damage to Users or to any person's computer related to or resulting from participation or downloading materials in connection with YearOne.
Under no circumstances shall we be responsible for any loss or damage, including personal injury or death, resulting from use of YearOne, from any User Content posted on or through YearOne or from the conduct of any Users, whether online or offline. Additionally, we shall have no liability for any viruses or anything beyond our control. We are not responsible for any damage to your computer, software, modem, telephone or other property resulting from your use of YearOne. We will not be liable to you if you are unable to access information through YearOne.
Some states do not allow the exclusion or limitation of certain warranties and/or liabilities, so certain above limitations or exclusions may not apply to you.
The Site is provided "AS-IS" and as available and YearOne expressly disclaims any warranty of fitness for a particular purpose or non-infringement. We cannot guarantee and do not promise any specific results from use of YearOne.
Limitation of Our Liability
IN NO EVENT SHALL WE BE LIABLE FOR ANY DAMAGE, CLAIM OR LOSS INCURRED BY YOU, INCLUDING WITHOUT LIMITATION COMPENSATORY, INCIDENTAL, DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, IRRESPECTIVE OF WHETHER WE HAVE BEEN INFORMED OF, KNEW OF, OR SHOULD HAVE KNOWN OF THE LIKELIHOOD OF SUCH DAMAGES. THIS LIMITATION APPLIES TO ALL CAUSES OF ACTION IN THE AGGREGATE INCLUDING WITHOUT LIMITATION BREACH OF CONTRACT, BREACH OF WARRANTY, DEFAMATION, NEGLIGENCE, STRICT LIABILITY, MISREPRESENTATION, AND OTHER TORTS, AS WELL AS THIRD-PARTY CLAIMS. IF THE WARRANTY EXCLUSIONS OR LIMITATIONS OF LIABILITY SET FORTH IN THIS USE AGREEMENT ARE FOR ANY REASON HELD UNENFORCEABLE OR INAPPLICABLE, YOU AGREE THAT OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED U.S. DOLLARS ($100).
EACH OF THE PARTIES HEREBY KNOWINGLY, VOLUNTARILY AND INTENTIONALLY WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF ANY LITIGATION (INCLUDING BUT NOT LIMITED TO ANY CLAIMS, COUNTERCLAIMS, CROSS-CLAIMS, OR THIRD PARTY CLAIMS) ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS AGREEMENT.. FURTHER (COLLECTIVELY, "CLAIMS"), EACH PARTY HERETO CERTIFIES THAT NO REPRESENTATIVE OR AGENT OF EITHER PARTY HAS REPRESENTED, EXPRESSLY OR OTHERWISE, THAT SUCH PARTY WOULD NOT IN THE EVENT OF SUCH LITIGATION, SEEK TO ENFORCE THIS WAIVER OF RIGHT TO JURY TRIAL PROVISION. ANY CLAIMS YOU MAY HAVE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED. EACH OF THE PARTIES ACKNOWLEDGES THAT THIS SECTION IS A MATERIAL INDUCEMENT FOR THE OTHER PARTY ENTERING INTO THE TERMS.
Your Comments and Concerns
All feedback, comments, requests for technical support, and other communications relating to YearOne should be directed to [email protected].