Terms of Use

Last Revised December 7, 2020

Welcome to Y.O.L.O. By Amiracle Baby (YOLO). Please review the following terms and conditions of use, including an Arbitration Agreement, which govern your use of the Sites (the “Agreement”).

YOUR USE OF THE SITES CONSTITUTES YOUR AGREEMENT TO FOLLOW AND BE BOUND BY THE AGREEMENT. WE RESERVE THE RIGHT TO UPDATE OR MODIFY THIS AGREEMENT AT ANY TIME WITHOUT PRIOR NOTICE. FOR THIS REASON, WE ENCOURAGE YOU TO REVIEW THE AGREEMENT WHENEVER YOU USE OUR SITE. IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE THE SITE.

Site Transactions

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event we make a change to or cancel an order, we will attempt to notify you by contacting the email and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

Site Contents

Unless otherwise noted, the Sites, and all features and materials on the Sites, including text, images, illustrations, designs, icons, photographs, video clips and other content, and the copyrights, trademarks, trade dress and/or other intellectual property in such materials (collectively, the “Contents”), are owned, controlled or licensed by Y.O.L.O. By Amiracle Baby, and other trademarks appearing on the Sites are the trademarks of approved subsidiaries.

YOLO and the Contents are intended solely for personal, non-commercial use. You may download or copy the Contents and other downloadable materials displayed on the Sites for your personal use only. No right, title or interest in any downloaded Content is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell or exploit in any way any of the Contents or the Site.

Unless otherwise specified, the Site and the Contents are intended to promote Y.O.L.O. By Amiracle Baby’s products and services available in Jamaica. The Site is controlled and operated by Y.O.L.O. By Amiracle Baby from its home office in Kingston, Jamaica. One or more certificates (patents) may apply to the Site, including without limitation: Companies of Jamaica’s certificate.

The content on this site does not constitute medical advice. You should consult your doctor before beginning any exercise, training or athletic program. Y.O.L.O. is not responsible for any medical or health problems that may result from your engaging in any activities described on this site or from any information you obtain from this site. If you ever feel discomfort or pain, you should not continue.

Errors, Inaccuracies, and Omissions

Information on our Site may contain typographical errors, inaccuracies, or omissions that relate to product descriptions, pricing, promotions, offers, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information or cancel orders if any information on the Site is inaccurate at any time without prior notice (including after you have submitted your order).

User Comments, Feedback, and Other Submissions

Y.O.L.O. is pleased to hear from you and welcomes your comments regarding our products and services. While we value your feedback, we are unable to accept or consider any creative ideas, suggestions, proposals, plans, or other materials submitted by you (collectively, “Proposals”) other than those we have specifically requested. The intent of this policy is to avoid the possibility of future misunderstandings when projects developed by Y.O.L.O.’s C.E.O. might seem to be similar to Proposals. Accordingly, we ask that you not send Proposals to anyone at Y.O.L.O. through any communication channel.

If you send certain specific submissions at our request (for example, contest entries, customer reviews or photographs), or without a request from us you send creative ideas, suggestions, customer reviews, photographs, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use your Comments in any medium. Y.O.L.O. is and shall be under no obligation (1) to maintain Comments in confidence; (2) to pay compensation for Comments; or (3) to respond to Comments. We have the right but not the obligation to monitor and edit or remove any Comments.

You agree that your Comments will not violate any right of any third party, including copyright, trademark, privacy or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Site. You may not use a false email address, pretend to be someone other than yourself, or otherwise mislead Y.O.L.O. or third parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. Y.O.L.O. takes no responsibility and assumes no liability for any Comments posted by your or any third party.

Personal Information Submitted Through Y.O.L.O.

Your submission of personal information through Y.O.L.O. is governed by our privacy policy, which can be reached by clicking on the “Privacy Policy” link located in the footer section of the Site. This Agreement incorporates by reference the terms and conditions of the Privacy Policy.

Notice and Procedure for Making Claims of Copyright Infringement

Y.O.L.O. respects the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide the written information specified below:

• An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
• A description of the copyrighted work that you claim has been infringed upon;
• A description where the material that you claim is infringing is located on the site;
• Your address, telephone number, and email address;
• A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
• A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Contact us

Please note that this procedure is exclusively for notifying Y.O.L.O. that your copyrighted material has been infringed.

Product Information

The prices displayed on the Site are quoted in Jamaican Dollars.
Certain promotions are available exclusively online through the Site. These products may have limited quantities and are subject to return or exchange only through the Site according to the applicable return policy.

We have made every effort to display as accurately as possible the colors and styles of our products that appear at Y.O.L.O. We cannot guarantee that the display of any color or style on your computer or mobile device will be accurate.

Pricing Policy

The strike through or listed price represents a price at which we previously offered the product, or a comparable product, online, recently or in a past season or year, or the value of a similar item in the market. It may not represent the price in effect online or elsewhere in the market on any particular day or in every location.

Right to Change Sites

We reserve the right, at any time in our sole discretion, to modify, suspend or discontinue Y.O.L.O. or any service, content, feature or product offered through Y.O.L.O., with or without notice; charge fees in connection with the use of Y.O.L.O.; modify and/or waive any fees charged in connection with Y.O.L.O.; and/or offer opportunities to some or all users of Y.O.L.O.. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site, or any service, content, feature or product offered through Y.O.L.O.

The site may contain links to other websites that are not under the control of Y.O.L.O.. Y.O.L.O. has no responsibility for the linked websites nor does linking constitute an endorsement of any linked website. If you use the links, you will leave Y.O.L.O. and your activities may be governed by other terms and conditions and privacy practices. Links are provided solely for your convenience and information.

Indemnification

You agree to defend, indemnify and hold Y.O.L.O. harmless from and against any and all claims, damages, costs and expenses, including attorneys’ fees, due to your use of the Site and/or your breach of any representation, warranty, or other provision of the Agreement.

DISPUTE RESOLUTION AND ARBITRATION AGREEMENT

Informal Dispute Resolution.

Mindful of the high cost of legal disputes, not only in dollars but also in time and energy, both you and Y.O.L.O. agree to the following dispute resolution procedure: In the event of any controversy, claim, action or dispute arising out of or related to any transaction conducted on the Site, or the breach, enforcement, interpretation, or validity of this Agreement or any part of it (“Dispute”), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent;

(1) to Y.O.L.O. Contact us, or (2) to you at: your last-used billing address or the billing and/or shipping address in your online profile and/or email address listed in your profile.

Both you and Y.O.L.O. agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration or filing any claim against the other party.

Arbitration Agreement.

To the extent you cannot resolve any Dispute through the informal dispute resolution procedure described above, a Dispute shall be resolved through binding individual arbitration. You agree to give up your right to go to court to assert or defend your rights under this Agreement and with respect to any Dispute. You and Y.O.L.O. expressly delegate to the arbitrator the authority to determine the arbitrability of any Dispute, including the scope, applicability, validity, and enforceability of this arbitration provision.

Termination

With the exception of the Arbitration Agreement, which shall survive the termination of these terms, these terms are effective unless and until terminated by either you or Y.O.L.O.. You may terminate this Agreement at any time. Y.O.L.O. also may terminate this Agreement at any time without notice, and accordingly may deny you access to the Site, if in our sole judgment you fail to comply with any term or provision of the Agreement. The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this Agreement for all purposes.