E-mail: support@trackthehours.com

The terms listed below may apply to Your access to and use of the Software Services in Yasgar Technology Group, Inc.'s, hereinafter referred to as "YTG", Time and Expense Tracking SaaS. The YTG Software as a Service (SaaS) Terms of Service and Acceptable Use Policy apply to all Software Services. If You have questions related to these terms, please email Customer Service at support@trackthehours.com.

Executive Summary of YTG Software as a Service (SaaS) Terms of Service

The following list is provided as a convenience to summarize the following Terms of Service for the convenience of perspective customers. This summary should not be used for any final decision on the suitability of this service for your use, or the use by the origanization that you represent.

  • Your data is yours, you can export it at will.
  • We do not sell or loan your personally identifiable information or contact information, including your e-mail address(es).
  • We will communicate mainly via e-mail.
  • All billing statements and invoices will be electronic.
  • We are both bound to mandatory arbitration before seeking legal remedy.
  • If you are subscribed to the service where payment is required, that subscription will renew automatically until you deactivate all valid payment methods. Your subscription will cease at the end of the month your payment methods were deactivated.
  • You are bound by our Acceptable Use Policy. If you plan to do anything illegal or mischievous, please setup an account with our competitors.

 

YTG Software as a Service (SaaS) Terms of Service

The following terms apply to Your use of and access to YTG's Software Services (“SaaS Terms of Service”). In addition to these SaaS Terms of Service, Your use of and access to YTG's Software Services is governed by any Application Specific Terms, as well as any other written services and transaction materials that we provide or refer You to during the sales transaction (collectively, “Agreement”). For the purposes of this Agreement, “You” means You or the entity that You represent, including Your “End User(s),” which means the users who access Your Services.

For purposes of interpreting these SaaS Terms of Service, Software Service (“Service(s)”) means any software and application resources and services that You purchase from YTG, which may include software that provides productivity, messaging, collaboration, customer management, archiving, and other online-enabled functions. These services are licensed on a subscription basis and accessed or managed by a computer or other device across a network or internet connection and which are generally stored on servers or otherwise at a remote location that are not expressly identifiable to the user. “Service(s)” also includes any applications, programs, products, or software on Your account with us, as well as any other product or service that we offer or provide to You that references these SaaS Terms.

YTG may modify the Software Services, the SaaS Terms of Service, the Application Specific Terms, and the Online User Manual at any time in its sole discretion. Your continued use of the Software Services following any change will constitute Your acceptance of and agreement to be bound by the modified Agreement. If You do not agree with the modifications, Your sole and exclusive remedy is to stop using the Software Services.

By accepting this Agreement, the person accepting this Agreement represents and warrants that he or she is lawfully able to enter into contracts and, if entering into this Agreement on behalf of an entity, that he or she has the legal authority to bind such entity to the terms and conditions of this Agreement. By accepting this Agreement, You agree that You are bound by the terms and conditions of this Agreement.

  1. Mandatory Arbitration. As detailed in Section 6 below, we each agree to a mandatory arbitration provision that provides that (except for matters properly brought to small claims court) any claim, controversy, or dispute of any kind between You and YTG must be resolved by final and binding arbitration on an individual and not a class-wide or consolidated basis.
  2. Automatic Renewal. Your Software Services will automatically renew for subsequent monthly periods unless You remove your payment method from the payment methods section of your dashboard.
  3. Acceptable Use Policy. By using YTG’s Software Services, You agree that Your use will be subject to YTG’s Acceptable Use Policy (AUP), which can be found on YTGI.COM/legal.
  4. Our Policies. Services are subject to our business policies, practices, and procedures (“Policies”). You agree to adhere to all of our Policies when You use our Services. Our Policies are subject to change at any time with or without notice.
  5. Our Right to Change the Agreement and Your Related Rights. We may change any part of the Agreement at any time, including, but not limited to, rates, charges, how we calculate charges, discounts, promotions, packages, Services offered, technologies used to provide services, or Your terms of Service. We will provide You notice of material changes, and we may, but are not required to, provide You notice of non-material changes. Your remedy if You do not agree to the changes we have made to the Agreement is to discontinue use of the Services.
  6. ARBITRATION AND DISPUTE RESOLUTION. PLEASE READ THIS CAREFULLY; IT AFFECTS YOUR RIGHTS. In those rare instances where Your concern is not resolved to Your satisfaction through emails to our customer support, You and YTG each agree to try to resolve those disputes in good faith after You provide written notice of the dispute as set forth below. If the dispute is not resolved, You and YTG agree that the dispute will be resolved through individual binding arbitration or small claims court, instead of courts of general jurisdiction.
    1. Mandatory Arbitration and Waiver of Class Action. Instead of suing in court, You and YTG agree to arbitrate all Disputes (as defined below) on an individual, non-representative, basis. You agree that, by entering into this Agreement, You and YTG are waiving the right to a trial by jury or to participate in a class action or representative action. This agreement to arbitrate is intended to be broadly interpreted.
    2. In arbitration, there is no judge or jury. Instead Disputes are decided by a neutral third-party arbitrator in a more informal process than in court. In arbitration, there is limited discovery and the arbitrator’s decision is subject to limited review by courts. However, just as a court would, the arbitrator must honor the terms of the Agreement and can award damages and relief, including any attorneys’ fees authorized by law.
    3. “Disputes” shall include, but are not limited to, any claims or controversies against each other related in any way to or arising out of in any way our Services or the Agreement, including, but not limited to, coverage, Devices, billing services and practices, policies, contract practices (including enforceability), service claims, privacy, or advertising, even if the claim arises after Services have terminated. Disputes also include, but are not limited to, claims that: (a) You or an authorized or unauthorized user of the Services or Devices bring against our employees, agents, affiliates, or other representatives; (b) You bring against a third party, such as a retailer or equipment manufacturer, that are based on, relate to, or arise out of in any way our Services or the Agreement; or (c) that YTG brings against You. Disputes also include, but are not limited to, (i) claims in any way related to or arising out of any aspect of the relationship between You and YTG, whether based in contract, tort, statute, fraud, misrepresentation, advertising claims or any other legal theory; (ii) claims that arose before this Agreement or out of a prior Agreement with YTG; (iii) claims that are subject to on-going litigation where You are not a party or class member; and/or (iv) claims that arise after the termination of this Agreement.
    4. Dispute Notice and Dispute Resolution Period. Before initiating an arbitration or a small claims matter, You and YTG each agree to first provide to the other a written notice ("Notice of Dispute"), which shall contain: (a) a written description of the problem and relevant documents and supporting information; and (b) a statement of the specific relief sought. A Notice of Dispute to YTG should be sent to: YTG Services, Inc., Arbitration Officer, legal@trackthehours.com . YTG will provide a Notice of Dispute to You in accordance with the "Providing Notice To Each Other Under The Agreement" section of this Agreement. YTG will assign a representative to work with You and try to resolve Your Dispute to Your satisfaction. You and YTG agree to make attempts to resolve the Dispute prior to commencing an arbitration or small claims action. If an agreement cannot be reached within forty-five (45) days of receipt of the Notice of Dispute, You or YTG may commence an arbitration proceeding or small claims action.
    5. Arbitration Terms, Process, Rules and Procedures.
      1. Unless You and YTG agree otherwise, the arbitration will be conducted by a single, neutral arbitrator and will take place in the county of the last billing address of the Service. The arbitration will be governed by either: (a) rules that we mutually agree upon; or (b) the JAMS Comprehensive Arbitration Rules & Procedures (the “JAMS Rules”), as modified by this agreement to arbitrate, including the rules about the filing, administration, discovery and arbitrator fees. The JAMS rules are available on its website at jamsadr.com. Notwithstanding any JAMS Rule to the contrary or any other provision in arbitration rules chosen, by agreement, to govern the arbitration, we each agree that all issues regarding the Dispute are delegated to the arbitrator to decide, except that only a court (and not the arbitrator) shall decide any disagreements regarding the scope and enforceability of this agreement to arbitrate.
      2. The Federal Arbitration Act (“FAA”) applies to this Agreement and arbitration provision. We each agree that the FAA’s provisions—not state law—govern all questions of whether a Dispute is subject to arbitration. To the extent that this agreement to arbitrate conflicts with the JAMS Policy on Consumer Arbitrations Pursuant to Pre-Dispute Clauses Minimum Standards for Procedural Fairness (the “Minimum Standards”), the Minimum Standards in that regard will apply. However, nothing in this paragraph will require or allow You or YTG to arbitrate on a class-wide, representative or consolidated basis.
      3. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND YTG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and YTG expressly 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. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
      4. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim. YOU AND YTG AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY PUTATIVE CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both You and YTG expressly 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. If any portion of this provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void.
      5. We each are responsible for our respective costs, including our respective counsel, experts, and witnesses. YTG will pay for any filing or case management fees associated with the arbitration and the professional fees for the arbitrator’s services.
      6. An arbitrator’s award will be a written statement of the disposition of each claim and will also provide a concise written statement of the essential findings and conclusions which form the basis of the award. The arbitrator’s decision and award is final and binding, with some limited court review under the FAA, and judgment on the award may be entered in any court with jurisdiction.
      7. As an alternative to arbitration, we may resolve Disputes in small claims court in the county of Your most recent billing address. In addition, this arbitration agreement does not prevent You from bringing Your Dispute to the attention of any federal, state, or local government agency. Such agencies can, if the law allows, seek relief against YTG on Your behalf.
  7. Consent to Electronic and Email Communications. You agree to electronic invoice delivery via email, confirm Your ability to access Your invoice online, and understand that You can change electronic delivery at any time. You also agree that You will promptly provide YTG with an updated email address if Your email address changes. YTG reserves the right to use the email address that You provide to communicate with You about the Software Services. YTG may also use Your email to tell You about YTG products and services unless You have asked not to receive marketing emails from YTG. Further, You understand and agree that the email address that You provide constitutes Your Data and is subject to the provisions of this Agreement relating to Your Data, including Sections 13 through 17.
  8. Electronic Signature and Disclosure Consent Notice. You agree to the use of electronic documents and records in connection with Your registration for Software Services and all future documents and records in connection with Software Services—including without limitation this electronic signature and disclosure notice—and that this use satisfies any requirement that we provide You these documents and their content in writing. If You do not agree, do not accept this Agreement. You have the right to receive a paper copy of all documents and records. You may (i) obtain a paper copy of any document or record (free of charge), (ii) withdraw Your consent to the use of electronic documents and records, or (iii) update Your contact information by sending an e-mail to TrackTheHours.com or updating Your information at TrackTheHours.com. To receive or access electronic documents and records, You must have the following equipment and software: (a) a device that is capable of accessing the Internet; (b) an Internet browser that supports HTML 4.0 and 128-bit SSL encryption, such as Microsoft Internet Explorer™ 7 and higher, Firefox 3 and higher, Chrome 3.0 and higher; and (c) software that permits You to receive and access Portable Document Format or “PDF” files, such as Adobe Acrobat Reader 8.0 or higher. To retain documents and records, Your device must have the ability to download and store PDF files. Your access to this page verifies that Your system and device meets the above receipt, access, and retention requirements. You accept the terms and conditions of Your order by signing the Agreement or, for online orders, by checking the Accept and Continue button
  9. Application Specific Terms. Each Software Service may be subject to Application Specific Terms, which will be provided when You purchase, access, or use a specific Software Service. You are subject to and responsible for compliance with all Application Specific Terms for the respective Software Services that You purchase, access, or use.
  10. Third Party Content and Services. Third Party Content and Services may be made available to You by parties other than YTG through the Software Services. YTG does not make any representations or warranties regarding any Third Party Content and Services. Your use of Third Party Content and Services is at Your sole risk.
  11. Online User Manual. YTG provides instructions for using the Software Services in YTG’s Online User Manuals, which are accessible on each page of the application as context sensitive help. Please refer to the Online User Manuals for details regarding the use and administration of Your Software Services as well as any support that You may receive.
  12. Upgrades and Maintenance. YTG will perform standard upgrades and maintenance of the Services, which may occur without any prior notice. YTG will make all reasonable efforts to provide maintenance and upgrades during off-peak hours.
  13. Your Data. You are solely responsible for Your Data, including: (a) compliance with all applicable laws, the AUP, this Agreement, and any policies and procedures of YTG; (b) any claims relating to Your Data; (c) any claims that Your Data infringes, misappropriates, or otherwise violates the rights of any other person or entity; and (d) backing up Your Data. You agree that YTG needs access to and use of certain information about You and Your access to and use of the Software Services to provide and improve the Software Services as further described in section 16. Therefore, any restrictions on use and disclosure of information by YTG set forth anywhere, except for in this Agreement, do not apply to such data accessed or used by YTG.
  14. Use of Data. On an on-going basis, You authorize and consent to YTG (“Data Users”) collecting and using Your Data and information about Your access and use of the Software Services (including without limitation times and methods of access, services utilized, types of information stored, names, addresses, telephone numbers, account numbers, internet protocol addresses, etc.) in order to provide and improve the Software Services or to comply with applicable law or any court order or request of any governmental or regulatory authority. In addition, You authorize YTG to aggregate such data together in an anonymous form for use by YTG for any legal purpose in YTG’s discretion and without compensation to You.
  15. Third Party Providers’ Privacy Policies. YTG does not currently share any data with Third Party Profiders, except in the case of billing information used in the process of managing Your recurring payments.
  16. Security and Unauthorized Access. YTG will implement reasonable measures designed to help You secure Your Data against unauthorized access or disclosure. However, You are responsible for properly configuring and using the Software Services and taking Your own steps to maintain appropriate security of Your Data. Any IDs and passwords are for only Your own use. YTG does not have knowledge of Your Data, including the content, quantity, or value of Your Data. You are solely responsible for the loss of Your Data, including without limitation all losses resulting from third party attacks. Third party attacks include, without limitation, hacks, intrusions, distributed denial-of-service attacks, or any other third party actions intended to cause harm to or disrupt the Software Services. You hereby release YTG and its Third Party Providers from any and all liability arising from the loss of Your Data. YTG and its Third Party Providers are not responsible to You or any other person or entity for any unauthorized access to or use of Your Data or the Software Services unless the access or use results from YTG’s failure to meet its obligations set forth in this section.
  17. Your Privacy. Our Privacy Policy is available on our website. To review the policy, visit Our Privacy Policy . This policy may change from time to time.
    1. You agree that we may contact You for Service-related reasons through the contact information that You provide, through the Services to which You subscribe, or through other available means, including text message, email, fax, recorded message, mobile, residential or business phone, or mail.
  18. Remote Access. If You contact YTG for technical assistance, YTG or its agents may need remote access to Your computer. If You specifically consent at the time of access, You grant YTG and each of their agents permission to view, access, install software on, and control Your computer, smart phone, or other device for the limited purpose of activating, supporting, maintaining, upgrading, and repairing the Software Services. You may authorize account administrators to make changes to Your Services, which will include the authority to make upgrades and additional purchases. You are responsible for any changes to Your Services made by a person You authorize, and those changes will be treated as modifications to this Agreement.
  19. Prohibited Uses. YTG, on behalf of itself and its Third Party Providers, reserves the right, without notice or limitation, to limit or restrict Your use of the Software Services or to deny, terminate, end, modify, disconnect, or suspend Software Services to You if YTG or any of its Third Party Providers, in their sole discretion, determines action is necessary to protect other parties or YTG's or any of its Third Party Providers’ systems, networks, or business from harm or degradation. Without limiting the foregoing, You will not use the Software Services or permit any other person to use the Software Services: (a) in violation of the AUP; (b) in a manner that would cause YTG, any Third Party Provider or any of YTG’s or any such Third Party Providers’ vendors or service providers to violate any applicable law, including any laws applicable to the import or export of products, services, computer software, or data; (c) in connection with any activity where the failure or fault of the Software Services could lead to death or injury of any person or damage to any physical property of any person.
  20. Credit Checks & Credit Information. We agree to provide You Services on the condition that You have and maintain satisfactory credit according to our standards and policies. You agree to provide information that we may request or complete any applications that we may provide You to facilitate our review. We rely on the credit information You furnish, credit bureau reports or other data available from commercial credit reference services, and other information (such as payment history with us) to determine whether to provide or continue to provide You Services. We may provide Your payment history and other account billing/charge information to any credit reporting agency or industry clearinghouse.
  21. Fees; Payment. YTG may change the price for any Software Service at any time. YTG will provide You with regular monthly invoices of the charges incurred by You and billing data or other billing records. If payment is not received in full by the due date on Your bill, late fees may be assessed, in amounts up to the maximum amount permitted by law in the state of Your billing address. In the event of non-payment, YTG reserves the right to suspend Your Services. YTG may also charge You any costs YTG pays to a collection agency to collect unpaid balances from You. YTG’s monthly charges for the Software Services exclude taxes, YTG Surcharges, and state and local fees, if applicable.
  22. Your Bill. Your bill provides You notice of Your charges. It reflects monthly recurring charges (usually billed one bill cycle in advance), fees, taxes, Surcharges and subscription charges. Bill cycles and dates may change from time to time. Your bill may also include other important notices (for example, changes to Your Agreement, to Your Service, legal notices, etc.). Unless prohibited by law, other charges (for example, data Services or taxes and surcharges) will not include itemized detail but will be listed as total charges for a category. You will not receive paper bills.
  23. Taxes & Government Fees. You agree to pay all federal, state, and local taxes, fees, and other assessments that we’re required by law to collect and remit to the government on the Services that we provide to You. These charges may change from time to time without advance notice. If You’re claiming any tax exemption, You must provide us with a valid exemption certificate. Tax exemptions generally won’t be applied retroactively.
  24. Offers. YTG can cancel offers early or extend offers without notice. Not all offers are available in all markets or locations.
  25. Subscription Charges. Subscription charges are not refunded or prorated if Your Software Service is terminated or modified before Your subscription period ends. Your subscription period begins on the date Your order is provisioned and You will be automatically charged on Your invoice until You cancel or notify YTG of Your choice to not renew Your subscription. If Your right to use Software Services expires, or is suspended, cancelled, or terminated, You will not receive any refund for the remaining subscription period.
  26. Temporary Suspension.
    1. YTG may temporarily suspend Your right to access or use any or all of the Software Services immediately if YTG determines that:
      1. Your use of or access to the Software Services: (i) may pose a security risk to YTG, any Third Party Provider, the Software Services, or any other person; (ii) may adversely affect YTG, any Third Party Provider, or any of the Software Services; (iii) may subject YTG, any Third Party Provider, or any other person to liability; or (iv) may be fraudulent or unlawful;
      2. You may be in breach of this Agreement, including if You are delinquent with respect to any payment owed to YTG or any other person pursuant to this Agreement; or
    2. If YTG suspends Your right to access or use any or all of the Software Services:
      1. You remain responsible for all fees and charges incurred prior to the date of the suspension; and
      2. You remain responsible for all fees and charges due for any Software Services to which You continue to have access or use.
  27. Term and Termination. This Agreement will remain in effect until YTG or You terminate it in accordance with the Agreement.
    1. Your Termination. You may terminate this Agreement at any time by going to the Track The Hours Support page at Track The Hours Support in Your browser and providing the date of the termination of your service at least five (5) days prior to the requested termination date.
    2. YTG’s Termination. YTG may immediately terminate this Agreement at any time if You breach this Agreement or if Your service is suspended, by providing You with written notice of the termination (including notice via email or other electronic means). YTG may terminate this Agreement at any time for any other or no reason by providing You with written notice five (5) days prior to the termination (including notice via email or other electronic means).
  28. Effect of Termination. Upon termination or expiration of this Agreement, (a) all Your rights under the Agreement terminate immediately; and (b) You remain responsible for all fees and charges incurred prior to the date of the termination. Unless YTG terminates this Agreement or any Software Service for cause, during the 30 days following termination: (i) YTG will not erase Your Data; (ii) You may retrieve Your Data from the Software Services provided that You have paid any fees or charges owed to YTG for the Software Service provided prior to the date of termination; and (iii) YTG will provide You with assistance in retrieving Your Data in accordance with YTG’s then applicable policies. You agree that YTG has no obligation to retain Your Data and that Your Data may be irretrievably deleted after 30 days following termination.
  29. Proprietary Rights
    1. As between You and YTG, You own all right, title, and interest in and to Your Data except that You hereby grant YTG and its Third Party Providers a nonexclusive license to use Your Data anywhere in the World only to the extent strictly necessary to provide the Software Services and as set forth in this Agreement.
    2. You represent and warrant that: (a) You own or otherwise have the right to use, as contemplated by this Agreement and the Software Services, all right, title, or interest in and to Your Data; and (b) Your Data and YTG’s and its Third Party Providers’ use of Your Data as contemplated in this Agreement will not infringe, misappropriate, or otherwise violate any proprietary rights of any third party or any applicable law.
    3. As between You and YTG, YTG owns all right, title, and interest in and to the Software Services and derivatives thereto. YTG hereby grants You a limited, personal, nonexclusive, non-transferable, nonsublicenseable license to access and use the Software Services solely in accordance with this Agreement and the Application Specific Terms. You may not use or access the Software Services for any purpose other than as expressly permitted by this Agreement. You will not: (i) alter, modify, tamper with, or create derivative works of any of the Software Services or any of the content or materials constituting a part thereof; (ii) reverse engineer, disassemble, or decompile any Software Services; (iii) resell or sublicense any of the Software Services. You will not assert or assists any other person in asserting any claim of patent or intellectual property infringement against YTG with respect to any of the Software Services You have used. Nothing in this Agreement grants to You any right to use any trademark, trade name, service mark, or other designation of origin of YTG.
  30. Disclaimers. UNLESS EXPRESSLY PROVIDED IN WRITING OTHERWISE, WE MAKE NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING (TO THE EXTENT ALLOWED BY LAW) ANY IMPLIED WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE CONCERNING YOUR SERVICES. WE DON’T PROMISE UNINTERRUPTED OR ERROR-FREE SERVICES AND DON’T AUTHORIZE ANYONE TO MAKE WARRANTIES ON OUR BEHALF. YTG PROVIDES THE SERVICES, INCLUDING ANY SOFTWARE SERVICES, ON AN “AS IS” AND “AS AVAILABLE” BASIS WITH ALL FAULTS, ERRORS, AND DEFECTS. YOUR USE OF AND ACCESS TO THE SOFTWARE SERVICES IS AT YOUR SOLE RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE RESULTING FROM YOUR USE. YTG and its Third Party Providers do not guarantee any results or the accuracy of any results that You may obtain from the Software Services. You agree that the Software Services are subject to limitations and restrictions outside of YTG’s and its Third Party Providers’ control. YTG and its Third Party Providers do not warrant that: (i) Your use of the Software Services will meet Your requirements; (ii) the Software Services will be uninterrupted, error-free, or completely secure; or (iii) data provided through the Software Services will be accurate. You understand and acknowledge that there are risks inherent in internet connectivity that could result in the loss of Your privacy, confidential information, and property. You agree that no data transmitted over YTG networks or the Internet is guaranteed to be secure. YTG and its Third Party Providers do not guarantee that any data that You submit to YTG or its Third Party Providers will be free from unauthorized intrusion.
  31. You Agree That We Are Not Responsible For Certain Problems. You agree that neither we nor our parent, subsidiary, or affiliate companies, nor our vendors, suppliers, or licensors are responsible for any damages, delay, interruption or other failure to perform resulting from: (a) anything done or not done by someone else; (b) providing or failing to provide Services, (c) Data Content or information accessed while using our Services; (d) information or communication that is blocked by a spam filter; (d) damage to any computer or equipment used in connection with the Software Services or damage to or loss of any information stored on Your computer, equipment, or YTG storage space from Your use of the Services or (f) damage to Your computer or equipment from viruses, worms, or downloads of malicious content, materials, data, text, images, video, or audio; or (i) things beyond our control, including for example, weather-related phenomena, fire, earthquake, hurricane, etc.), riot, strike, war, terrorism, or government orders or acts. You should implement appropriate safeguards to secure Your computer, or equipment and to backup Your information stored on each.
  32. Limitation of Liability. TO THE EXTENT ALLOWED BY LAW, OUR LIABILITY FOR MONETARY DAMAGES FOR ANY CLAIMS THAT YOU MAY HAVE AGAINST US IS LIMITED TO NO MORE THAN THE PROPORTIONATE AMOUNT OF THE SERVICE CHARGES ATTRIBUTABLE TO THE AFFECTED PERIOD. UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, MULTIPLE, OR SPECIAL DAMAGES OF ANY NATURE WHATSOEVER ARISING OUT OF OR RELATED TO PROVIDING OR FAILING TO PROVIDE SERVICES INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF BUSINESS, OR COST OF REPLACEMENT PRODUCTS AND SERVICES. YTG WILL NOT BE LIABLE FOR LOSS OF DATA ARISING OUT OF OR IN CONNECTION WITH THE SOFTWARE SERVICES.
  33. Relationship of the Parties. This Agreement is a sales/purchase agreement and does not create an employeremployee relationship, agency, association, joint venture, partnership, landlord-tenant, or lessor-lessee relationship or other form of legal entity or business enterprise between the parties, their agents, employees, or affiliates.
  34. Definitions
    1. “Application Specific Terms” means the separate rules, descriptions, software license agreements, acceptable use policies, terms and conditions specific to certain Software Services.
    2. “Third Party Content and Services” means any tools, applications, software, content, data, text, images, video or audio content, or other services or materials made available to You by any third party other than YTG in connection with the Software Services.
    3. “Third Party Provider” means any vendors or suppliers other than YTG that provide any of the underlying products and services that comprise the Software Services.
    4. “Your Data” means any of Your personally identifiable information, Your personal health information and any other data that You upload, copy to or in any way submit to YTG or transmit via the Software Services. Your Data does not include any data You submit to any parties other than YTG by any means.