Terms and Conditions

At YATA, our mantra is that “You Are The A" which for us stands for Athlete or any other positive A that resonates with you. Our priority is to serve our customers with new products that we stand behind selling to you as an athlete.

Last Updated/ Effective Date: August 1, 2024

The shopyata.com website is owned and operated by YATA LLC, a Florida limited liability company

(“YATA”, “we”, “our”, or “us”). These Terms of Use (these “Terms”) are intended to make you aware

of the terms and conditions for your use of our website and any related content or information (the

“Site”). We reserve the right to update and modify these Terms at any time without prior notice. Any

modifications to these Terms will be effective immediately upon posting of the updated Terms on the

Site. Your continued use of the Site following a notice of updated Terms constitutes your acceptance to be

bound by any changes.

PLEASE READ THESE TERMS CAREFULLY. THESE TERMS FORM A LEGALLY

ENFORCEABLE AGREEMENT. BY USING THE SITE, ACCESSING ANY INFORMATION FROM

THIS SITE, INCLUDING SUBSCRIBING TO OUR NEWSLETTER, OR MANIFESTING YOUR

ASSENT TO THESE TERMS IN ANY OTHER MANNER, YOU HEREBY UNEQUIVOCALLY AND

EXPRESSLY AGREE TO BE BOUND BY, AND SHALL BE SUBJECT TO, THESE TERMS OF

USE. IF YOU DO NOT UNEQUIVOCALLY AGREE TO THESE TERMS OF USE, YOU MAY NOT

USE OR OTHERWISE ACCESS THE SITE, SUBSCRIBE TO OUR NEWSLETTER, POST OR

DOWNLOAD CONTENT, OR ANY OTHER INFORMATION TO OR FROM THE SITE.

1. Site Generally; Prohibited Uses.

1.1. Site Generally. At YATA, we combine our passion for fitness and quality workout

materials to provide a collection of washable, reusable, and sweat absorbent indoor bike

seat covers (“Products”). You can use the Site to learn more about YATA and our

Products. By accessing the Site, you represent and warrant that (i) all information you

submit is accurate and truthful and you will maintain the accuracy of such information;

and (ii) you are legally permitted to use and access the Site and take full responsibility for

your access, selection and use of the Site.

1.2. Prohibited Uses. You may use the Site only for lawful purposes and in accordance with

these Terms. You shall not use the Site in any way that (i) is fraudulent, deceptive,

threatening, abusive, harmful, harassing, tortuous, defamatory, vulgar, obscene, libelous,

or otherwise objectionable or illegal; (ii) infringes or violates the intellectual property

rights or proprietary rights, or rights of publicity or privacy, or other rights of any third-

party; (iii) misrepresents the source or identity of you or any material, information or

content you provide; (iv) uploads, installs, constitutes, or embeds malware, virus(es),

worm(s), Trojan horse(s), or other harmful content or code, or violates the security of

another computer network; (v) impersonates, or falsely indicates a relationship or an

affiliation with, any person or entity; (vi) engages in or furthers any fraudulent, abusive,

or otherwise illegal activity; (vii) sends or causes the transmission of unauthorized

communications, spam, or junk mail; (viii) unleashes manual or automated software,

devices, or other processes to “crawl” or “spider” any page or content of the Site; (ix)

decompiles, reverse engineers, or otherwise attempts to obtain the source code of the

Site; or (x) removes, obscures, or alters any notices or links on the Site or any of the

features or tools of the Site.

1.3. Newsletter. You are able to sign up for our email newsletter with an email address and/or

additional information as may be requested. You may not use a name, email, or phone

number of another person or entity with the intent to impersonate that person. You shall

provide YATA with accurate, complete and updated information. You may unsubscribe

from our newsletter by clicking the unsubscribe link provided at the end of the

newsletter. YATA reserves the right to control its subscriber list, refuse the addition of

any new subscriber, and we may discontinue or cease distributing our newsletter to any

or all subscribers at our sole discretion.

1.4. Communications and Text Messaging. As part of our Site, you may request to receive

more information about YATA and its Products, and you hereby agree that we may

contact you via the means you select and those contacts are subject to these Terms,

including the following provisions.

Without limiting the generality of the foregoing, YATA offers a mobile messaging

program (the “SMS/MMS Program”). The SMS/MMS Program allows Users to receive

SMS/MMS mobile messages by affirmatively opting into the SMS/MMS Program, such

as through online or application-based enrollment forms. Regardless of the opt-in method

you utilized to join the SMS/MMS Program, you agree that this Section and these Terms

apply to your participation in the SMS/MMS Program. By participating in the

SMS/MMS Program, you agree to receive autodialed or prerecorded marketing mobile

messages at the phone number associated with your opt-in, and you understand that

consent is not required to make any purchase from us. While you consent to receive

messages sent using an autodialer, the foregoing shall not be interpreted to suggest or

imply that any or all of our mobile messages are sent using an automatic telephone

dialing system (“ATDS” or “autodialer”). Message and data rates may apply.

User Opt Out: If you do not wish to continue participating in the SMS/MMS Program,

you agree to reply STOP to any mobile message from us in order to opt out of the

SMS/MMS Program. You may receive an additional mobile message confirming your

decision to opt out. You understand and agree that the foregoing options are the only

reasonable methods of opting out. You also understand and agree that any other method

of opting out, including, but not limited to, texting words other than those set forth above

or verbally requesting one of our employees to remove you from our list, is not a

reasonable means of opting out.

If at any time you intend to stop using the mobile telephone number that has been used to

subscribe to the SMS/MMS Program, including canceling your service plan or selling or

transferring the phone number to another party, you agree that you will complete the User

Opt Out process set forth above prior to ending your use of the mobile telephone number.

You understand and agree that your agreement to do so is a material part of these Terms.

You further agree that, if you discontinue the use of your mobile telephone number

without notifying us of such change, you agree that you will be responsible for all costs

(including attorneys’ fees) and liabilities incurred by us, or any party that assists in the

delivery of the mobile messages, as a result of claims brought by individual(s) who are

later assigned that mobile telephone number. This duty and agreement shall survive any

cancellation or termination of your agreement to participate in the SMS/MMS Program.

YOU AGREE THAT YOU SHALL INDEMNIFY, DEFEND, AND HOLD US

HARMLESS FROM ANY CLAIM OR LIABILITY RESULTING FROM YOUR

FAILURE TO NOTIFY US OF A CHANGE IN THE INFORMATION YOU HAVE

PROVIDED, INCLUDING ANY CLAIM OR LIABILITY UNDER THE TELEPHONE

CONSUMER PROTECTION ACT, 47 U.S.C. § 227, et seq., OR SIMILAR STATE

AND FEDERAL LAWS, AND ANY REGULATIONS PROMULGATED

THEREUNDER RESULTING FROM US ATTEMPTING TO CONTACT YOU AT

THE MOBILE TELEPHONE NUMBER YOU PROVIDED.

Program Description: Without limiting the scope of the SMS/MMS Program, users that

opt into the SMS/MMS Program can expect to receive messages concerning the

marketing and sale of digital and physical products, services, and events.

Cost and Frequency: Message and data rates may apply. The SMS/MMS Program

involves recurring mobile messages, and additional mobile messages may be sent

periodically based on your interaction with us.

Support Instructions: For support regarding the SMS/MMS Program email us at

hello@shopyata.com. Please note that the use of this email address is not an acceptable

method of opting out. Opt outs must be submitted in accordance with the procedures set

forth above.

MMS Disclosure: The SMS/MMS Program will send SMS TMs (terminating messages)

if your mobile device does not support MMS messaging.

As part of the SMS/MMS Program, you may receive promotional offers from time to

time. Such promotional offers may not be combined with other financial offers. To be

eligible to make use of such promotional offers, you must be a subscriber at the point of

purchase.

1.5. Right to Modify. YATA reserves the right, in its sole discretion and without prior notice,

to change, modify, discontinue, terminate, or suspend all or part of the Site. YATA will

not be liable if, for any reason, all or any part of the Site is unavailable at any time for

any period.

2. Online Orders.

2.1. Products. We make Products available on our Site for purchase.

2.2. Payment and Billing Information. By providing a credit card or other payment method

that we accept, you represent and warrant that you are authorized to use the designated

payment method and that you authorize us (or our third-party payment processor) to

charge your payment method for the total amount of your purchase of Products

(including any applicable taxes and other charges) (collectively, as applicable, an

“Order”). If the payment method cannot be verified, is invalid or is otherwise not

acceptable, your Order may be suspended or cancelled. You must resolve any payment

method problems before we proceed with your Order. You authorize us (or our third

party-payment processor) to charge your payment method for the corresponding amount

for your Order. We reserve the right to cancel or refuse any Order for any reason at any

time, including after an Order has been submitted, whether or not the Order has been

confirmed.

2.3. Pricing and Availability. All prices on our Site are shown in U.S. dollars and applicable

taxes and other charges, if any, are additional. We reserve the right to adjust prices as we

may determine in our sole discretion, at any time and without notice, including without

limitation, as based on geographic or other criteria as we may establish from time to time.

All of our Products are subject to availability, and we reserve the right to impose quantity

limits on any Order, to reject all or part of an Order, to discontinue offering certain

Products.

2.4. Taxes. As applicable, you are responsible for, and agree to pay, all taxes, fees, and

surcharges set by any governmental agency or taxing authority. You agree to indemnify

and hold us harmless for any liability for tax in connection with the purchase of Products.

2.5. Shipping and Handling. You agree to pay any shipping and handling charges shown at

the time you make a purchase. We reserve the right to increase, decrease, add or

eliminate shipping and handling charges from time to time. Generally, shipping is

handled by a third-party courier. When you purchase a Product from our Site, any

shipping times shown are estimates only. Actual delivery dates may vary.

2.6. Refunds; Returns. Returns and refunds are subject to our Return and Refund Policy.

2.7. Lifetime Warranty. We offer a Lifetime Warranty Policy for our Products.

3. Submissions; Content.

3.1. Your Submissions. You represent and warrant that (i) all information submitted to us

(including all information you submit through our Site) is complete and accurate, and (ii)

you have the right to provide us with all such information. You agree not to impersonate

any individual or make or provide any misleading, false, or defamatory statements or

information. You hereby authorize us to use such information in connection with the Site

and to offer Products to you, subject to the other provisions of these Terms.

3.2. Content on the Site. “Content” means information, text, links, graphics, photos, audio,

videos, or other materials or arrangements of materials uploaded, downloaded, or

appearing on the Site (collectively, the “Content”). The Content we provide on the Site is

not guaranteed to be accurate and may contain errors, omissions, or non-binding

estimates. We reserve the right to update and modify such Content at any time and at our

discretion.

4. Intellectual Property; License Grant.

4.1. Grant of License. YATA grants you a limited, non-exclusive, non-transferable, non-

sublicenseable, revocable license to access and make personal use of the Site, including

the Content we make available, for the purposes contemplated on the Site. This license

does not include any resale or commercial use of the Site or any Content associated with

the Site. You may not use the Site or any Content for any illegal purpose.

4.2. YATA Intellectual Property. Ownership of all right, title, and interest in and to all

intellectual property rights (including all registered and unregistered rights granted or

applied for, now or hereafter existing, in or related to patent, trademark, service mark,

copyright, trade secret rights, or other intellectual property rights) in the Site, and all

related Content therein (other than your data and submissions) and shall remain with

YATA or its licensors. You acquire only the right to use and access the Site pursuant to

these Terms, and you do not acquire any ownership rights or title in or to the Site. We

may immediately terminate your access to our Site if we believe you are breaching these

Terms or not using the Site as authorized.

4.3. Site or Product Feedback. In addition to the rights granted in Section 2.1, you also grant

YATA an exclusive, transferable, sublicensable, worldwide, royalty-free irrevocable

license to use and commercialize any suggestions, ideas, enhancement requests,

feedback, recommendations or other similar information provided by you relating to our

Site, Products, or business, including feedback on new potential products or

improvements to the Site.

5. Term; Termination. These Terms remain in effect until the earlier of (i) the date which you

delete, or we terminate your access to the Site; or (ii) the date we cease making our Site available.

6. Link to Third Party Sites. The Site may provide links to other websites. We do not endorse,

warrant or guarantee the products or services available through any third-party offer (or any other third-

party products or services advertised on or linked from our Sites), whether or not sponsored, and we are

not an agent or broker or otherwise responsible for the activities or policies of those websites. If you elect

to use or purchase services or products from any third-party or elect to provide, or grant access to, your

information to any third-party, you and your information are subject to their terms and conditions and

privacy policy. We are not responsible for the products and services offered by any third-party.

7. Warranty; Disclaimers. TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SITE

(AND ALL RELATED CONTENT) IS PROVIDED BY US “AS IS” AND “AS AVAILABLE.” TO

THE MAXIMUM EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE EXPRESSLY

PROVIDED HEREIN OR IN AN ORDER FOR PRODUCTS EXECUTED BY AN AUTHORIZED

REPRESENTATIVE OF YATA, YATA EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY

KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THE IMPLIED

WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE,

TITLE, AND NON-INFRINGEMENT. YATA MAKES NO WARRANTY THAT THE SITE WILL

MEET YOUR REQUIREMENTS, THAT USE OF THE SITE WILL BE UNINTERRUPTED, TIMELY,

SECURE, OR ERROR FREE.

8. Limitation of Liability. TO THE FULLEST EXTENT PERMITTED UNDER APPLICABLE

LAW, OUR TOTAL LIABILITY AND YOUR EXCLUSIVE REMEDY UNDER OR RELATED TO

THESE TERMS AND THE SITE IS LIMITED TO DIRECT MONEY DAMAGES, NOT EXCEEDING

ONE HUNDRED US DOLLARS ($100). THE EXISTENCE OF MULTIPLE CLAIMS DOES NOT

ENLARGE THE LIMIT. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO

EVENT WILL YATA BE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, INDIRECT,

SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES, LOST PROFITS OR REVENUE, LOST OR

DAMAGED DATA, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE)

OR OTHERWISE, EVEN IF WE ARE AWARE OF THE POSSIBILITY OF SUCH LOSS OR

DAMAGE. LIABILITY RELATING TO ORDERS FOR PRODUCTS WILL BE SUBJECT TO THE

TERMS AND CONDITIONS THEREOF.

9. Indemnification. You shall indemnify, defend, and hold harmless YATA against any and all

loss, damage, or expense (including legal fees reasonable incurred in the defense of any claim) incurred

by YATA as a result of any claim, action, or proceeding arising out of or related to: (i) your use or misuse

of the Site, except to the extent caused by YATA’s gross negligence, misconduct, or fraud; (ii) your

actual or alleged violation of these Terms or applicable law; (iii) your infringement or violation of any

intellectual property, proprietary, or privacy rights of any third-party; and (iv) injury to any person or

property arising from acts of negligence, bad faith, willful misconduct or reckless disregard by you

relating to these Terms or the Site.

10. General Provisions.

10.1. Relationship of the Parties. These Terms does not establish any relationship of

partnership, joint venture, employment, franchise or agency between you and us. You

may not bind YATA or incur obligations on our behalf.

10.2. Assignment. You shall not assign these Terms, or any of the rights or obligations

hereunder without the prior written consent of YATA. Assignments made in violation of

this section will be null and void and of no force or effect. These Terms binds and inures

to the benefit of the parties and their respective permitted successors and assigns.

10.3. Entire Agreement; Severability. These Terms sets forth the entire and exclusive

understanding between you and YATA regarding its subject matter and your use of the

Site and any orders for Products. If any provision in these Terms is invalid or

unenforceable, that provision shall be construed, limited, modified or, if necessary,

severed, to the extent necessary, to eliminate its invalidity or unenforceability, and the

other provisions of these Terms shall remain unaffected.

10.4. Waiver. No waiver by YATA of any right or provision under these Terms shall

constitute a subsequent or continuing waiver of such right or provision or any other rights

or provisions under these Terms. Failure to act or delay in acting by YATA shall not

constitute a waiver of any right or remedy.

10.5. Governing Law; Venue. These Terms shall be governed by and construed in accordance

with the laws of the State of Florida, without regard to conflict of law provisions thereof.

Any legal proceedings that arise under These Terms shall be brought in state or federal

courts located in Palm Beach County, Florida.

10.6. Survival. Those provisions that by their nature are intended to survive termination or

expiration of these Terms shall so survive.

10.7. Contact. All inquiries about these Terms may be directed to YATA at

hello@shopyata.com.