This Yoto Website Terms of Use (the "Agreement") applies to the software website, including any user manuals or help files contained therein and any modifications, updates, revisions or enhancements thereto (the "Website"), received by you from Yoto, Inc trading as Yoto® ("Yoto"). By accessing the software website, you agree to be bound by the terms of this Agreement.

You may use the Website only if you can form a binding contract with the Company, and only in compliance with this Agreement and all applicable local, state, national, and international laws, rules and regulations.

Any use or access to the Website by anyone under the age of 18 is strictly prohibited and in violation of this Agreement.

You agree to comply with all United States and foreign laws related to use of the Website.

You may not use the Website if you are a resident of a country embargoed by the United States, or are a foreign person or entity blocked or denied by the United States government.

Any use of the Website by a User that is not eligible under and according to these Terms of Service, is prohibited and is at the own risk of such User.

1. License Grant; License Restrictions.
   Yoto provides the Website and licenses its use solely pursuant to the terms stated below:
   • You are granted a limited license to access and make personal use of the Website and not to modify it, or any portion of it, except with express written consent of Yoto. This license does not include any resale or commercial use of the Website or its contents; any derivative use of the Website or its contents; or any use of data mining, robots, or similar data gathering and extraction tools; taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure.
   • The Website or any portion of the Website may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without our express written consent. You may not reverse-engineer, disassemble, or decompile the Licensed Website (or any content therein) or otherwise attempt to discover the source code or structural framework of the Licensed Website (or any content therein).
   • The Website may be used by you on any authorized devices, which you own or control and for which the Website is designed to operate;
   • You may not assign, sell, distribute, lease, rent, sublicense, or transfer the Website (or any content therein) or this license or disclose the Website (or any content therein) to any other person. You may not make the Website (or any content therein) available over a network where it could be used by multiple devices at the same time;
   • Yoto may terminate this Agreement and the license granted hereunder at any time for any reason or no reason. This Agreement and the license granted hereunder automatically terminates if you fail to comply with any provision of this Agreement. You agree upon termination to destroy the Website, together with all copies, modifications, and merged portions in any form, including any copy on any devices that you own or control.
   • Any unauthorized or unlawful use terminates the permission or license granted by Yoto.
2. Other Limitations.
   • The Website is not designed for non-English speakers.
   • The Website has not been developed to meet your individual requirements. It is therefore your responsibility to ensure that the facilities and functions of the Website meet your requirements.
   • To use any Website, you must have a device that is compatible with the Website. Yoto does not warrant that the Website will be compatible with your device. You may use data in connection with the Website and/or Third Party services and may incur charges from your wireless provider for these services. You agree that you are solely responsible for any such charges.
   • Yoto is not responsible for your access to the internet, data networks and/or devices which can access the internet and operate the Website. If you wish to use the Website and/or services, you should ensure you have a compatible internet-enabled device and a sufficient internet connection available.
   • Yoto assumes no responsibility and shall not be liable for any damages to or viruses that may infect your computer equipment or other property on account of your access to, use of or your downloading of any materials, data, text or images from Yoto.
3. Terms of Use; Legal Disclaimer.
   • Use of any of the information and data contained in the Website (all such information shall be referred to as "Content") is entirely at your own risk.
   • YOTO provides the Website "AS IS" and with all faults. No Warranties are expressed and none shall be implied. Yoto specifically excludes any implied warranties of merchantability, fitness for a particular purpose and non-infringement. Yoto does not warrant that use of the Website will be uninterrupted or error free.
   • Yoto attempts to be as accurate as possible. However, Yoto does not warrant that the contents of this Website is accurate, complete, reliable, current or error-free. Changes or updates to the contents of the Website may occur without notice.
   • Price and availability information is subject to change without notice.
   • Neither Yoto, its suppliers, partners, suppliers, affiliates nor any other party involved in creating, producing, or delivering the Website is liable for any direct, indirect, incidental, special, consequential, punitive or other damages whatsoever including business interruption, loss of use, data, information, profits (regardless of the form of action, including but not limited to contract, negligence or other tortious act) arising out of or in connection with your access or use of the Website even if Yoto has been advised of or foresees the possibility of any damages occurring.
   • Yoto expressly disclaims all representations and warranties and/or liability relating to all interactions, of any nature, you may have with any of the Providers referenced in the Website, the Content or participating with Yoto. You agree to look solely to such Providers, not Yoto in regard to any legal claims of any nature or other matter whatsoever arising out of such interactions.
   • Yoto is not liable for any damages or injury caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, wireless network failure, theft or destruction or unauthorized access to, alteration of, or use of information, whether for breach of contract, tortious behavior, negligence, or under any other cause of action.
   • In no event will the aggregate liability for actual direct damages arising out of this agreement or the use or performance of the website of Yoto, its affiliates or any of their respective directors, officers, employees or agents exceed $500. In no event will Yoto, its affiliates or any of their respective directors, officers, employees or agents be liable for any lost profits, sales, business, data, costs of procurement of substitute goods or services or any indirect, special, incidental, or consequential damages resulting from the use of the website or otherwise arising from this agreement, and notwithstanding any failure of essential purpose of any limited remedy.
   • Because some jurisdictions do not allow the exclusion of implied warranties or the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to all users. If a user of the Website is dissatisfied with any portion of the Website, or with any of these terms of use, the sole and exclusive remedy for the user is to discontinue using the Website.
   • All of the Providers are independent of Yoto. Any information or advice received from a Provider comes from the Provider, and not from Yoto.
   • Yoto will not be liable for any professional advice you obtain from a Provider. You acknowledge your reliance on any Providers or information provided by Providers is solely at your own risk and you assume full responsibility for all risk associated therewith.
   • You acknowledge that your ability to lawfully access Provider Services, including, but not limited to, remote consultations, may be conditioned upon your location. You agree not to access remote consultations from a Provider unless you are in a location lawfully served by the Provider.
   • Yoto does not guarantee the availability of Provider Services.
4. Provider/Client Relationship.
   • You acknowledge and agree that Yoto is not a referral service and does not recommend or endorse any particular provider. Yoto does not undertake any responsibility in relation to the quality of the advice or the manner in which it is provided by the Providers profiled in the Website.
   • Yoto serves only as an intermediary function that facilitates connections between Providers and Website users. You acknowledge that none of the Providers are employed by Yoto.
   • You acknowledge that the Providers are not obligated to provide you services and that Yoto cannot guarantee that your requests for services will be satisfied and/or satisfied within a timely manner. You acknowledge that your requests for services should be directed to Providers and not to Yoto. Yoto cannot be relied upon to make appointments or obtain services in any particular timeframe. We recommend that you use reasonable discretion, and in the event you do not receive feedback within a reasonable time, we recommended that you contact your Provider or local emergency service directly.
   • In addition, you acknowledge that you are under no obligation to accept an appointment for services once it has been offered. You acknowledge and understand that, if you are in need of emergency services, you should contact your local emergency services agency or provider. You acknowledge that any Provider which you choose to access has the sole responsibility for the professional care and/or provided to you. Yoto assumes no responsibility or liability, of any nature whatsoever, for any claims, that may result from your interaction with a Provider.
   • You also understand that in creating Provider Profiles, Yoto relies, in part, upon information provided by third-parties, including information provided by the Providers themselves. Yoto is not and cannot be held liable or responsible for inaccurate, incomplete, or misleading information (collectively, "misinformation") given to it by third parties, whether or not Yoto could have discovered such misinformation. Yoto does not maintain insurance coverage on behalf of any of the Providers.
   • You understand that Yoto is not responsible or liable for any costs, expenses, or charges, of any nature whatsoever, in connection with the professional services provided to you by a Provider.
5. Third-Party Links and Information.
   • The Website contains links to third-party materials that are not owned or controlled by Yoto. Yoto does not endorse or assume any responsibility for any such third-party websites, websites, information, content, data, materials, products, or services (collectively "Third-party Offering."=") Such links are provided for your reference and convenience only. The inclusion of any link does not imply endorsement, investigation or verification by Yoto of the linked Third-Party Offering. Your use of the linked Third-party Offering may be subject to terms and conditions contained in these Third-party Offerings, which you should locate and review.
   • Yoto urges you to use discretion when you access any third party linked to the Website. You will need to make your own independent judgement regarding your interaction with any Third Party, including the purchase and use of any products or services accessible through them. Yoto recommends that you verify the fees of such services. Yoto is not responsible for any fees or costs incurred for any services provided to you by Third Parties, or for the quality of such external services.
   • If you access a Third Party Offering from the Website or share your information on or through any Third Party Offering , you do so at your own risk, and you understand that this Agreement and Yoto Privacy Policy do not apply to your use of such Third Party Offering. You expressly relieve Yoto from any and all liability arising from your use of any Third-party Offering. Additionally, your dealings with or participation with any Third Party, including but not limited to Providers or other entities found in the Website or Content, including payment and delivery of goods and/or services, and any other terms (such as warranties) are solely between you and such Third Party. You agree that Yoto shall not be responsible for any loss or damage of any sort relating to your dealings with such Third Parties.
6. Invoices/Receipts.
   • Yoto is not able to issue an invoice, receipt or any other documentation of payment or use of any Provider or service. Any requests for such documentation should be addressed to the Provider directly, and Yoto does not guarantee the availability of such documentation.
7. Monitoring.
   • Yoto is under no obligation to monitor the Website and assumes no responsibility or liability should its content be modified or altered in any way without Yoto's consent.
8. Logo.
   • You may not use any Yoto logo or other proprietary graphic or trademark of Yoto without our express written permission.
9. Governing Law; Exclusive Jurisdiction; Waiver of Rights.
   • This Agreement is governed by the laws of the Commonwealth of Pennsylvania, U.S.A. without regard to its conflicts of laws principles. You agree that the federal or state courts sitting in Philadelphia, Pennsylvania shall be the exclusive courts of jurisdiction and venue for all claims and other actions relating to your access to, or use of, the Website. Yoto makes no representations regarding access to or use of the Website in other locations. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this Agreement. You are responsible for compliance with applicable laws. The United Nations Convention on Contracts for the International Sale of Goods is expressly disclaimed.
   • WITH RESPECT TO ANY CLAIM OR OTHER ACTION RELATED TO THIS AGREEMENT, YOU AND YOTO HEREBY WAIVE, TO THE FULLEST EXTENT ALLOWED BY LAW, ANY RIGHT TO TRIAL BY JURY AND ANY RIGHT TO PURSUE OR TO PARTICIPATE AS A PLAINTIFF OR AS A CLASS MEMBER IN ANY CLAIM ON A CLASS OR CONSOLIDATED BASIS OR IN A REPRESENTATIVE CAPACITY.
10. Assignment.
    • You may not assign or sublicense any of your rights or delegate any of your obligations under this Agreement without the prior written consent of Yoto. Any such assignment or sublicense shall be null and void. Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties, their respective successors and permitted assigns.
11. Notice.
    • Yoto may at any time revise the Terms and Conditions by updating this posting. Yoto may deliver notices to you Under this agreement by updating the "Last updated" date of this License Agreement. You are encouraged to periodically review the Terms of Use to stay informed of updates. You will be deemed to have been made aware of, will be subject to, and will be deemed to have accepted the changes in any revised Terms of Use by your continued use of the Website after the date such revised Terms of Use is posted.
    • All notices required to be sent to Yoto hereunder shall be in writing and shall be deemed to have been given when delivered by first-class U.S. mail to the address listed below:
      Yoto, Inc
      1950 Butler Pike #127,
      Conshohocken, Pennsylvania 19428, USA
12. Severability.
    • If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions of this Agreement will remain in full force and effect.
13. Waiver.
    • The waiver by either party of a breach of any provision of this Agreement or the failure by either party to exercise any right hereunder shall not operate or be construed as a waiver of any subsequent breach or as a waiver of such right or any other right.
14. Export Administration.
    • You agree to comply fully with all relevant export laws and regulations of the United States ("Export Laws") to assure that neither the Website nor any direct product thereof is (1) exported, directly or indirectly, in violation of Export Laws; or (2) are used for any purposes prohibited by the Export Laws, including, without limitation, nuclear, chemical, or biological weapons proliferation.
15. Indemnification.
    • You agree to indemnify and hold harmless Yoto, its affiliates and their respective directors, officers, employees and agents against any and all claims, and all related damages, costs and expenses, arising out of or related to your access to or use of the Website.
    • You agree to defend, indemnify and hold Yoto, its providers, partners, affiliates and related companies harmless from any and all liabilities, costs and expenses, including reasonable legal fees related to any violation of these Terms and Conditions and/or your violation of any third-party right, including without limitation any right of privacy or Intellectual Property Rights and/or your violation of any applicable law, rule or regulation.
16. Privacy Policy.
    • You acknowledge and agree that your access to and use of the Website is subject to Yoto's privacy policy located at www.yotoinc.com/privacy (the "Privacy Policy").
17. Entire Agreement.
    • This Agreement, including the Privacy Policy, shall constitute the complete agreement between the parties and supersede all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement. This Agreement may not be modified or amended except in writing signed by a duly authorized representative of each party; no other act, document, usage or custom shall be deemed to amend or modify this agreement.
18. Survival.
    • The provisions of Section 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, and 17 shall survive the termination of this agreement. This documentation and the corresponding software are the property of Yoto and are licensed to the user under the terms of the Yoto Website Terms of Use. Unauthorized use or copying of the software, or any other associated materials is a violation of state, federal and international laws.