THIS IS THE TERMS OF USE AGREEMENT FOR YOUR CITY MY CITY (“YCMC”) WEBSITE. THE WEBSITE IS HOSTED BY YCMC, WHICH IS A DIVISION OF ESCO, LTD. PLEASE READ THIS AGREEMENT CAREFULLY AS IT TELLS YOU ABOUT YOUR RIGHTS AND RESPONSIBILITIES RELATING TO YOUR USE OF THE YCMC WEBSITE.

The following are the terms and conditions (“Terms”) that govern your use of our site and the services offered to you on our site. By using our site you agree to be bound by and to follow these Terms, any amendments to the Terms, and all applicable laws and regulations governing our website. If you do not agree to these Terms, please do not use our site and exit immediately. We reserve the right to change these Terms at any time, effective immediately upon posting on this site, so check back regularly for changes. It is your responsibility to review the Terms on a regular basis to understand the Terms that are currently in effect.

Intellectual Property Rights

All information, including, without limitation, text, graphics, logos, buttons, icons, images, audio and video clips and software, and how it is compiled, collected, arranged and assembled ("Content") included on this site is owned or licensed to YCMC, and is protected by United States and international copyright and database rights laws. Any unauthorized copying or other use of the Content is strictly prohibited.

The Content is provided to you “as is” and is intended only for your personal use. You may not download, reproduce, upload, copy, transmit, post, broadcast, display, sell, license or otherwise distribute in any manner whatsoever the Content without the prior written approval of the respective owners, which may be granted or denied in such owners’ sole and absolute discretion. YCMC reserves all rights except those that are expressly granted to you pursuant to this Agreement. 

Graphics, logos and service and product names are trademarks of YCMC or of the indicated owners. Nothing contained in this website grants or should be construed as granting any license or right to use any trademark or service mark displayed on the website without the prior written approval of the owner of such mark, which shall be in such owners’ sole and absolute discretion. 

Use of Services

YCMC is intended for US residents only. Subject to your compliance with our terms and conditions, we grant you a personal, non-exclusive, non-transferrable, limited privilege to access and use the site solely for your personal, non-commercial use. This privilege does not include any resale or commercial use of YCMC.

The reselling of items purchased on YCMC is strictly prohibited. If it becomes known to YCMC that you are purchasing items for any other website and or third party platform/marketplace all open orders will be cancelled and you will be prohibited from ordering again. YCMC reserves the right to cancel any orders, or unused earned gift cards without notice.

Product Descriptions and Depictions

YCMC understands the importance of the product descriptions and pictures in your decision to purchase the product and makes every effort to make sure that they are accurate. Despite our efforts, the colors we use to describe our products, as well as the capabilities of your computer monitor, will affect how they appear on your screen. We cannot fully guarantee that the product will be exactly as it is shown or described on this website, or that the product descriptions will be complete or without errors. If you receive a product and it is not what you expected, your sole remedy will be to return it in the same condition as you received it for a refund.

Your Account

You are responsible for maintaining the confidentiality of your password and restricting access to your computer. You are solely responsible for what happens with your account and all purchases that are made on your account. This website is not allowed to be used by children under the age of 13. Any purchases made for children must be completed by adults. YCMC reserves the right to refuse service, terminate your account, remove or edit content or cancel orders as it determines may be necessary. 

Indemnity

You agree to indemnify YCMC and ESCO, Ltd., and their respective employees, officers, directors and stockholders from and against any claims, damage, expense, cost or liability, including without limitation reasonable attorneys fees, arising out of or in connection with your use of the website or your breach of these Terms or the Privacy Policy. This indemnity includes, but is not limited to, any infringement of a third party’s intellectual property rights.

Jurisdictional and Other Issues

Unless otherwise specified, the materials in this site are presented solely for the purposes of marketing YCMC and its services, and assisting in the promotion of our partners’ available products and services. We control and operate this site from our offices in Baltimore, MD, U.S.A. We make no claim that our content is appropriate for use outside of the United States. If you choose to use this site from outside of the United States, you are solely responsible for compliance with your local laws.

These Terms shall be governed by and construed in accordance with the laws of Maryland, without giving effect to any principles of conflicts of law. If any provision of these Terms should be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms (or modified to comply with law, if necessary), and shall not affect the validity and enforceability of any remaining provisions.

The material in this site could include technical inaccuracies or typographical errors. YCMC may make changes or improvements to our Site or to its Content at any time. THE CONTENT ON THIS SITE IS PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESSED OR IMPLIED, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW. YCMC DISCLAIMS ALL WARRANTIES OR MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. YCMC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE CONTENT WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. YCMC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF OR THE RESULT OF THE USE OF THE CONTENT ON THIS SITE IN TERMS OF ITS CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE ABOVE EXCLUSION MAY NOT APPLY TO YOU, TO THE EXTENT THAT APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES. YOU AGREE THAT YOUR ACCESS TO AND USE OF THE YCMC WEBSITE IS CONDUCTED AT YOUR SOLE RISK.

If you live in a jurisdiction that does not allow the above warranties, then they do not apply to you to the extent that they are deemed to be unenforceable. In such case, you may have additional rights. Regardless, in no event shall YCMC be liable or responsible to you for any claims, damages, losses, expenses or causes of action in excess of the amount that you paid for accessing this website.

This website may contain downloadable materials as well as links to external sites. YCMC is not responsible for, and has no control over, the content of such downloadable materials or external sites. You understand that YCMC cannot and does not guarantee or warrant that files or software of any kind, or from any source, available for downloading through this website, will be free of infection or viruses, worms, or other code or defects that manifest contaminating or destructive properties.

ND: 4838-3344-9480, v. 2