Terms & Conditions

1. Eligibility and Age Restrictions

• Users must be at least 18 years of age (or the age of majority in your jurisdiction, whichever is older) and have the legal capacity and authority to enter into a binding agreement in order to create a profile. By creating a profile, you represent and warrant that you meet these age and capacity requirements and that you have the legal capacity and authority to consent to the collection, use, sharing, and commercial use of data as described in Section 9 (Data Privacy, Ownership, and Usage) and in the Privacy Policy. YERP reserves the right to request proof of age at any time and to suspend or terminate any account if YERP reasonably believes the user does not meet the age or capacity requirements.
• Minors may only participate under a parent or legal guardian's account and must be individually registered for each event. The parent or legal guardian represents and warrants that they: (i) have the legal capacity and authority under applicable law to agree to these Terms of Use on behalf of each minor participant; (ii) have obtained all necessary consents required under applicable law (including, without limitation, the Children's Online Privacy Protection Act (COPPA) and similar state laws) to permit YERP's collection, use, sharing, and other processing of the minor's personal information as described in Section 9 and the Privacy Policy; and (iii) assume full responsibility for the minor's participation in all activities and compliance with these Terms of Use.

2. Scope of Activities

YERP is a platform for planning and participating in outdoor activities, including but not limited to:

• Camping, climbing, hiking, mountain biking, water sports, track riding, off-roading, and more.
• By using YERP, you acknowledge that these activities inherently involve risks, including physical harm, equipment damage, weather conditions, and interactions with strangers.

3. Geographical Use

YERP currently operates within the United States and these Terms are governed by the laws of the State of South Carolina, without regard to its conflict of law principles. The YERP platform is intended for use only by persons located in the United States. If you access or use the YERP platform from outside the United States, you do so at your own risk and are responsible for compliance with local laws. YERP reserves the right to limit availability of the platform or any features to any person, geographic area, or jurisdiction at any time.

4. Prohibited Behaviors

Users agree to refrain from conduct that is illegal, unsafe, harmful, harassing, or otherwise inconsistent with these Terms of Use or the safe and respectful use of the YERP platform, including but not limited to the following:

• Abstain from engaging in illegal activities, including but not limited to the use, possession, distribution, or sale of illegal substances.
• Avoid unsafe practices (including reckless operation of vehicles or equipment, failure to follow posted rules or instructions, or bypassing safety protocols) and discriminatory, harassing, or abusive behavior toward any person.
• Cooperate with YERP in cases of investigation or legal action involving user behavior.
• Understand that accounts involved in prohibited behaviors may, in YERP's sole discretion, be suspended, limited, or terminated, and that YERP may remove or modify related content, restrict access to certain features or events, or take other steps it deems appropriate to protect users, hosts, the public, and the YERP platform.
• Acknowledge and agree that YERP reserves the right to disclose user information (including personal information and User Content) to law enforcement, governmental authorities, and other third parties when YERP believes in good faith that such disclosure is necessary or appropriate, including without limitation to: (i) comply with applicable law, regulation, legal process, or governmental request; (ii) enforce these Terms or investigate potential violations; (iii) detect, prevent, or address fraud, security, or technical issues; (iv) respond to user support requests; or (v) protect the rights, property, or safety of YERP, its users, or the public as required or permitted by law.

5. Host Responsibilities

Hosts are independent third parties and are not employees, agents, or representatives of YERP. Hosts are required to:

• Provide detailed and accurate information about their events, including skill level, required gear, anticipated conditions, and any safety precautions or rules applicable to participation.
• Acknowledge that, unless expressly stated otherwise in their event listing, they are not licensed professionals, guides, instructors, tour operators, or common carriers, and that they are solely responsible for their own acts and omissions and for compliance with all applicable laws and regulations governing their events, including obtaining any required permits, licenses, or insurance. Hosts must maintain adequate liability insurance coverage for their events and activities. You understand and agree that YERP does not supervise, direct, or control hosts or their events, does not verify or endorse hosts' credentials, licenses, qualifications, or representations, and is not responsible or liable for any acts, omissions, representations, misrepresentations, breaches, or failures of hosts or other participants.

6. User Agreement on Gear and Safety

Users acknowledge, agree, and represent that:

• They are solely responsible for inspecting their gear and ensuring it meets industry safety standards, is appropriate for the specific activity and conditions, and is used, maintained, and stored in accordance with manufacturer instructions and applicable laws and regulations. YERP does not inspect, certify, or warrant any gear, equipment, vehicles, or other items used in connection with any activity or event.
• All gear must be within applicable certification dates (if any) and in good working condition, and any failure to repair, replace, or remove defective, expired, or unsafe gear is solely at the user's own risk.

7. Acknowledgment of Risks

By using YERP, you agree to:

• Acknowledge and voluntarily assume all inherent and incidental risks associated with all supported activities, whether known or unknown, including those that may arise from your own actions or inactions, the actions or inactions of others (including hosts and other participants), the condition of any equipment, facilities, or premises, and the natural environment.
• Provide a detailed and informed acknowledgment and assumption of risks, including but not limited to:
  • Physical injury (including sprains, fractures, concussions, and other trauma), serious bodily injury, permanent disability, or death.
  • Property damage, loss, or theft, including damage to or loss of personal gear, vehicles, and other equipment.
  • Adverse weather or environmental conditions (such as heat, cold, rain, snow, wind, lightning, changing terrain, rockfall, water conditions, wildlife, and other natural hazards).
  • Risks of meeting, communicating with, traveling with, and relying on strangers or third parties (including hosts and other participants) for activities, transportation, advice, or equipment.

8. Emergency Situations

Users are solely responsible for their emergency preparedness and for taking all appropriate safety precautions before, during, and after any activity or event, including:

• Carrying first aid kits.
• Knowing local emergency numbers and procedures.
• Having adequate insurance coverage (including health, accident, and liability insurance as appropriate for the activities).
• Understanding and complying with all applicable laws, regulations, and posted rules or restrictions.

9. Data Privacy, Ownership, and Usage

YERP's collection, use, sharing, and protection of personal information and other data are described in a separate Privacy Policy. The Privacy Policy is incorporated into and made a part of these Terms of Use. By agreeing to these Terms of Use or by accessing or using the YERP platform, you acknowledge that you have read, understand, and agree to the Privacy Policy, as it may be updated from time to time in accordance with its terms.

For purposes of these Terms of Use and the Privacy Policy, the following apply:

"User Content" means any content, information, photos, videos, text, reviews, profile details, event descriptions, and other materials that you submit, post, upload, or otherwise make available through the YERP platform. As between you and YERP, you retain ownership of your User Content, subject to the rights and licenses you grant to YERP under these Terms of Use.

"Usage Data" means data and information generated through or in connection with your access to or use of the YERP platform, including, without limitation: account registration information; device and browser information; IP address; identifiers and information associated with cookies and similar technologies; log files; pages and features used; clicks, taps, and interactions; approximate location information; event search and participation history; preferences; and other technical, diagnostic, performance, and usage-related data.

"Aggregated Data" and "De-Identified Data" mean data that has been combined with other data or modified so that it does not reasonably identify, and is not reasonably capable of being linked to, any specific individual person or household, taking into account the means reasonably likely to be used. YERP will not attempt to re-identify Aggregated Data or De-Identified Data to an identifiable individual, except as permitted by applicable law (for example, for security, fraud prevention, or legal compliance).

As between you and YERP, YERP owns all right, title, and interest in and to the YERP platform and all software, technology, know-how, and Usage Data associated with it (excluding your User Content), together with all Aggregated Data and De-Identified Data derived from or based on User Content or Usage Data, subject in each case to applicable privacy and data protection laws and the Privacy Policy.

You grant YERP a worldwide, non-exclusive, transferable, sublicensable (solely to service providers and partners performing services on YERP's behalf), royalty-free, perpetual (except as provided in the Privacy Policy with respect to personal information), and irrevocable (except as provided in the Privacy Policy with respect to personal information) license to use, host, store, reproduce, modify, adapt, create derivative works from (such as by re-formatting or translating), publish, display, perform, distribute, and otherwise exploit your User Content and related Usage Data in connection with: (i) operating, maintaining, securing, and providing the YERP platform and related services; (ii) product development and improvement, including training and enhancing models, features, and recommendations; (iii) internal research, analytics, quality assurance, and debugging; (iv) enforcing these Terms of Use and our policies; and (v) marketing, promoting, and advertising the YERP platform and related services.

Subject to applicable law and the Privacy Policy, YERP may use your User Content (for example, public reviews, photos, or event descriptions you choose to make visible to others), your profile information, and Usage Data to: (i) personalize your experience on the YERP platform; (ii) provide recommendations and promotional content; and (iii) conduct marketing and advertising, including interest-based or targeted advertising and measurement of the effectiveness of such marketing and advertising, on the YERP platform, on YERP's own channels (such as email or social media), and on third-party websites and services.

To support these purposes, and as further described in the Privacy Policy, YERP may share certain information, including Usage Data and, where applicable, identifiers associated with cookies and similar technologies, with third-party service providers and partners that perform services on our behalf, such as hosting, analytics, advertising, measurement, security, and customer support. These partners may include, for example, analytics and advertising providers such as Google, Meta/Facebook, Amazon, and similar vendors, who may use such information to provide services to YERP and to help deliver, measure, and improve advertising and analytics, subject to their own privacy policies and applicable law.

YERP may create, use, disclose, license, and otherwise commercialize Aggregated Data and De-Identified Data for any lawful purpose, including without limitation analytics, research, benchmarking, business intelligence, and the development, marketing, and improvement of products and services. YERP will not sell or license information in a form that identifies you personally to third parties for their own independent marketing purposes, except: (i) as permitted by applicable law; (ii) as described in the Privacy Policy, including where we have provided any legally required notice and obtained any legally required consent; and (iii) in connection with a merger, acquisition, bankruptcy, reorganization, sale of assets, or similar corporate transaction involving YERP.

Depending on where you live, you may have choices and rights regarding certain uses and disclosures of your personal information, including the ability to opt out of (or, in some cases, opt in to) interest-based advertising, certain types of profiling or targeted advertising, and the "sale" or "sharing" of personal information as those terms may be defined under applicable law. The Privacy Policy explains how you can exercise these choices and rights (for example, by adjusting settings within your account, using browser or device controls, or contacting YERP), and provides any additional notices required under applicable law.

The YERP platform and our third-party partners use cookies, pixels, software development kits (SDKs), and other tracking technologies to operate the service, remember your preferences, understand how the platform is used, customize content, and deliver and measure advertising (including interest-based or targeted advertising). You can manage certain cookies and tracking technologies through your browser or device settings and, where applicable, through tools or preferences described in the Privacy Policy. Your ability to use such controls may be limited to certain types of cookies or may affect the availability or functionality of some features of the YERP platform.

If there is any conflict between these Terms of Use and the Privacy Policy with respect to the collection, use, sharing, or protection of personal information, the Privacy Policy will control to the extent of the conflict, and these Terms of Use will otherwise continue to apply. Subject to applicable law and the Privacy Policy, YERP may retain personal information, User Content, Usage Data, Aggregated Data, and De-Identified Data for as long as reasonably necessary for the purposes described in these Terms of Use and the Privacy Policy, including to operate and improve the YERP platform, maintain business records, comply with legal obligations, resolve disputes, enforce our agreements, and protect YERP and its users, and such retention may, where permitted by applicable law, be for an indefinite period.

10. Arbitration and Disputes

Any dispute, claim, or controversy arising out of or relating to these Terms of Use, the YERP platform, or any activity or event arranged through or in connection with the YERP platform (collectively, "Disputes"), will be resolved exclusively and finally through individual, binding arbitration, and not in court, except as expressly permitted in this Section 10 and except to the extent such agreement to arbitrate is prohibited by applicable law.

Arbitration will be administered by the American Arbitration Association ("AAA") under its applicable rules in effect at the time the arbitration is initiated (including, as applicable, the AAA Consumer Arbitration Rules), which are incorporated by reference into this Section 10. Unless the parties agree otherwise or applicable AAA rules require a different arrangement, the arbitration will be conducted by a single neutral arbitrator and will take place in the county (or parish) of your primary residence or another mutually agreed location, with the option for the parties and witnesses to participate remotely (for example, by telephone, video conference, or written submissions) where permitted by the arbitrator. The arbitrator has the exclusive authority to resolve all Disputes, including any questions about the interpretation, validity, applicability, scope, or enforceability of these Terms of Use or this arbitration agreement, except that a court (not the arbitrator) will decide the enforceability of the class action waiver in this Section 10.

Each party will be responsible for its own attorneys' fees and costs in connection with any arbitration or other legal proceeding, except where applicable law or the AAA rules provide otherwise, or except that if you prevail on a claim for which you are entitled to attorneys' fees under applicable statute, the arbitrator may award reasonable attorneys' fees as provided by such statute. The payment of filing, administration, and arbitrator fees will be governed by the AAA rules. If you demonstrate that the costs of arbitration would be prohibitive compared to the costs of litigation, YERP will pay any portion of the AAA filing, administration, and arbitrator fees that the arbitrator determines is necessary to prevent the arbitration from being cost-prohibitive for you, consistent with applicable law.

Notwithstanding any agreement to arbitrate, either you or YERP may elect to bring an individual claim in a small-claims court of competent jurisdiction (or an equivalent court of limited jurisdiction), so long as the claim is within that court's jurisdictional limits and remains an individual (non-class, non-representative) claim.

In addition, you acknowledge and agree that YERP may seek temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction (rather than through arbitration) to protect or enforce its intellectual property or proprietary rights, confidential information, or rights relating to the security, integrity, or operation of the YERP platform (including to prevent unauthorized access, scraping, or misuse of the platform), without waiving the right to compel arbitration of any related claim for damages or other relief.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AND YERP AGREE THAT: (i) ANY ARBITRATION OR OTHER PROCEEDING UNDER THIS SECTION 10 WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL ACTION; (ii) NEITHER YOU NOR YERP WILL BE A CLASS REPRESENTATIVE, CLASS MEMBER, OR OTHERWISE PARTICIPATE IN ANY CLASS, COLLECTIVE, REPRESENTATIVE, OR PRIVATE ATTORNEY GENERAL PROCEEDING IN CONNECTION WITH ANY DISPUTE; AND (iii) THE ARBITRATOR MAY AWARD RELIEF (INCLUDING MONETARY, INJUNCTIVE, AND DECLARATORY 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.

If a court of competent jurisdiction determines that any part of this class/collective/representative action waiver is unenforceable as to a particular claim or request for relief, then that claim or request for relief (and only that claim or request for relief) must be litigated in court and not in arbitration, and the remainder of this Section 10 will continue to apply. By agreeing to these Terms of Use, you and YERP each waive any constitutional and statutory rights to sue in court (other than in small-claims court as permitted above) and to have a trial in front of a judge or a jury. Instead, in arbitration there is no judge or jury, and court review of an arbitration award is limited. This arbitration agreement will be governed by the Federal Arbitration Act and will survive termination of your account and any expiration or termination of these Terms of Use. If any portion of this Section 10 (other than the class action waiver addressed above) is found to be invalid or unenforceable, that portion will be severed, and the remainder of this Section 10 will continue in full force and effect.

11. Indemnity Clause

You agree to indemnify, defend, and hold harmless YERP and the YERP Parties (defined below), together with hosts, from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (i) your access to or use of the YERP platform; (ii) your participation in, attendance at, or organization of any activity or event found through, arranged through, or connected with the YERP platform; (iii) your breach of these Terms of Use or any applicable law or regulation; (iv) your violation of the rights of any third party (including hosts, other users, or members of the public); (v) any allegation that your acts or omissions caused or contributed to personal injury, death, or property damage; or (vi) your User Content or any claim that your User Content infringes, misappropriates, or violates any third party's intellectual property or other rights, except in each case to the limited extent directly caused by YERP's own willful misconduct or gross negligence where such limitation is not prohibited by applicable law. "YERP Parties" means YERP's officers, directors, employees, agents, affiliates, successors, and assigns. Your obligations under this Section 11 apply in addition to, and without limitation of, the assumption-of-risk and release/waiver provisions in Section 7 and the responsibility allocations in Sections 4 through 6.

12. Fees, Payments, and In-App Purchases

Use of some features of the YERP platform is free, and YERP may charge fees for other features, products, services, content, or in-app purchases (collectively, "Paid Features"), including without limitation subscriptions, premium functionality, or access to certain events or offerings. If you choose to access or use any Paid Features, you agree to pay all applicable fees and any associated taxes, and you acknowledge that such fees may be billed on a one-time or recurring basis, as disclosed to you at the time of purchase or enrollment.

YERP may implement new fees or modify existing fees for current or future Paid Features from time to time. If YERP implements a new or modified fee, YERP will provide notice in advance, for example by posting an update on the YERP platform, updating these Terms of Use, or sending you an email or in-app notification, and such changes will apply prospectively unless otherwise required by applicable law. You agree to pay the fees in effect at the time you incur them and any applicable taxes, duties, or similar governmental assessments that may be imposed on your use or purchase of Paid Features. Unless expressly stated otherwise at the time of purchase or in YERP's then-current payment or refund policies, all fees and taxes paid to YERP are non-refundable.

If a Paid Feature is offered on a subscription or other recurring basis, the applicable fees will be billed in advance of the subscription or renewal period disclosed to you via the YERP platform. By enrolling in a recurring Paid Feature, you authorize YERP (and YERP's designated third-party payment processors) to automatically charge the payment method you designate via the YERP platform for the then-applicable fees, together with any applicable taxes and other charges, at the start of each renewal period until you cancel in accordance with any cancellation instructions provided via the YERP platform or in YERP's then-current payment or refund policies. You may cancel a recurring Paid Feature at any time, but cancellation will generally be effective at the end of the then-current billing period, and any refunds, credits, or proration (if any) will be governed solely by YERP's posted payment and refund policies in effect at the time of cancellation, except to the extent otherwise required by applicable law.

You represent and warrant that you are authorized to use any payment method you designate via the YERP platform. You authorize YERP and its designated third-party payment processors to charge your designated payment method for the total amount of any fees and applicable taxes owed in connection with your use of any Paid Features. If your payment method cannot be verified, is invalid, is declined, or is otherwise not acceptable, your purchase or access to Paid Features may be suspended, cancelled, downgraded, or otherwise affected. YERP may, in its discretion, correct or instruct its payment processors to correct any errors or mistakes in billing and may issue refunds or credits in accordance with YERP's then-current payment and refund policies. Payment processing services are provided by third-party providers, and your use of such services may be subject to the terms and conditions and privacy policies of those providers, which are separate from these Terms of Use and for which YERP is not responsible.

Any refunds, chargebacks, cancellations, or adjustments related to fees you pay to YERP for Paid Features (including subscriptions and in-app purchases) will be handled in accordance with YERP's then-current payment, billing, and refund policies, which are incorporated by reference into these Terms of Use. You are responsible for reviewing any such policies before making a payment, enrolling in a subscription, or completing an in-app purchase. To the fullest extent permitted by applicable law, YERP is not responsible for, and will have no liability arising from, any payments you choose to make to other users or hosts outside of the YERP platform or in a manner not expressly supported by YERP's approved payment methods, except where YERP has actual knowledge of fraudulent activity and fails to take reasonable action.

13. Termination of Use

YERP reserves the right to suspend or terminate accounts, with prior written notice (except in cases of imminent harm, illegal activity, or material breach), for:

• Violations of these Terms of Use.
• Engagement in prohibited behavior.

14. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (i) YERP AND THE YERP PARTIES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES) ARISING OUT OF OR RELATING TO YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE YERP PLATFORM OR ANY ACTIVITY OR EVENT, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE) AND EVEN IF YERP HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES; AND (ii) YERP'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OF USE, THE YERP PLATFORM, OR ANY ACTIVITY OR EVENT WILL NOT EXCEED THE GREATER OF (A) ONE HUNDRED DOLLARS ($100) OR (B) THE TOTAL AMOUNT, IF ANY, PAID BY YOU TO YERP IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE LIABILITY, EXCEPT THAT THIS LIMITATION SHALL NOT APPLY TO (I) YERP'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, (II) PERSONAL INJURY OR DEATH CAUSED BY YERP'S NEGLIGENCE, (III) FRAUD OR FRAUDULENT MISREPRESENTATION, OR (IV) ANY OTHER LIABILITY THAT CANNOT BE LIMITED UNDER APPLICABLE LAW. THE LIMITATIONS IN THIS SECTION 14 WILL APPLY EVEN IF ANY LIMITED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU TO THE EXTENT PROHIBITED BY APPLICABLE LAW.

15. User Agreement Renewal

Users acknowledge that these Terms of Use may be updated from time to time in accordance with Section 16 (Changes to These Terms of Use), and that continued access to or use of the YERP platform after such updates become effective constitutes the user's acceptance of the updated Terms of Use.

16. Changes to These Terms of Use

YERP reserves the right to modify, amend, or update these Terms of Use at any time, in its sole discretion, by posting the updated Terms of Use on the YERP platform with a new "Effective" date. If YERP makes material changes to these Terms of Use, YERP will provide notice of such changes through the YERP platform, by email to the address associated with your account, or by other reasonable means. Your continued access to or use of the YERP platform after the effective date of any updated Terms of Use constitutes your acceptance of such updated Terms of Use. If you do not agree to any updated Terms of Use, you must stop accessing and using the YERP platform and may close your account. Material changes to the arbitration provisions in Section 10 will not apply to any Dispute for which you provided written notice to YERP before the effective date of the change. Users may reject material changes to the arbitration provisions by providing written notice to YERP within thirty (30) days of the effective date, in which case the prior arbitration provisions will continue to govern any disputes between the parties.

By creating a profile or continuing to use YERP, you acknowledge that you have read, understood, and agreed to these Terms of Use (including any updates made in accordance with Section 16 (Changes to These Terms of Use)), including without limitation Section 9 (Data Privacy, Ownership, and Usage) and the Privacy Policy, and that you consent to YERP's collection, use, sharing, and commercial exploitation of data (including Usage Data, Aggregated Data, and De-Identified Data) as described therein, subject to your rights under applicable privacy laws including the right to opt-out of the sale or sharing of personal information where required by law. If you do not agree to these Terms of Use (including any updated Terms of Use), you must not create a profile and must stop accessing or using the YERP platform. Failure to comply with these terms may result in suspension or termination of access to the platform.

17. Acknowledgment and Agreement; Severability

BY CLICKING "I AGREE" OR BY CREATING AN ACCOUNT, CREATING A PROFILE, OR ACCESSING OR USING THE YERP PLATFORM IN ANY WAY, YOU REPRESENT AND WARRANT THAT: (A) YOU ARE AT LEAST 18 YEARS OF AGE (OR THE AGE OF MAJORITY IN YOUR JURISDICTION, WHICHEVER IS GREATER) AND HAVE THE LEGAL CAPACITY TO ENTER INTO THIS AGREEMENT; (B) IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS; AND YOU: (i) ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND VOLUNTARILY ACCEPT AND ASSUME ALL RISKS DESCRIBED IN THESE TERMS OF USE (INCLUDING WITHOUT LIMITATION SECTION 7 (ACKNOWLEDGMENT OF RISKS)) AND THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU RELEASE, WAIVE, AND AGREE NOT TO SUE YERP AND THE YERP PARTIES WITH RESPECT TO CLAIMS AND LOSSES ARISING FROM SUCH RISKS, SUBJECT TO ANY LIMITATIONS EXPRESSLY STATED IN THESE TERMS OF USE, EXCEPT FOR CLAIMS ARISING FROM YERP'S GROSS NEGLIGENCE, WILLFUL MISCONDUCT, FRAUD, OR ANY OTHER CLAIMS THAT CANNOT BE WAIVED UNDER APPLICABLE LAW; (ii) AGREE TO THE DISPUTE RESOLUTION AND ARBITRATION PROVISIONS IN SECTION 10 (INCLUDING THE AGREEMENT TO INDIVIDUAL, BINDING ARBITRATION AND THE CLASS, COLLECTIVE, AND REPRESENTATIVE ACTION WAIVER AND JURY-TRIAL WAIVER SET FORTH THEREIN), WHICH YOU HAVE HAD THE OPPORTUNITY TO REVIEW AND UNDERSTAND, AND ACKNOWLEDGE THAT YOU ARE WAIVING YOUR RIGHT TO A JURY TRIAL AND TO PARTICIPATE IN CLASS ACTIONS; AND (iii) ACKNOWLEDGE AND AGREE TO YERP'S DATA PRACTICES, OWNERSHIP, LICENSE RIGHTS, AND SHARING/DISCLOSURE OF INFORMATION AS DESCRIBED IN SECTION 9 (DATA PRIVACY, OWNERSHIP, AND USAGE) AND IN THE PRIVACY POLICY, INCLUDING YERP'S RIGHTS TO USE, SHARE, AND COMMERCIALIZE USER CONTENT, USAGE DATA, AGGREGATED DATA, AND DE-IDENTIFIED DATA, IN EACH CASE AS PERMITTED BY APPLICABLE LAW. YOU RETAIN ALL OWNERSHIP RIGHTS IN YOUR USER CONTENT, AND YERP'S RIGHTS ARE LIMITED TO THE LICENSE GRANTED IN SECTION 9. IF YOU DO NOT AGREE TO THESE TERMS OF USE (INCLUDING, WITHOUT LIMITATION, SECTIONS 7, 9, AND 10) OR THE PRIVACY POLICY, YOU MUST NOT CREATE AN ACCOUNT OR USE THE YERP PLATFORM. BY CONTINUING TO USE THE YERP PLATFORM AFTER ANY MODIFICATIONS TO THESE TERMS OF USE, YOU AGREE TO BE BOUND BY SUCH MODIFICATIONS, PROVIDED THAT YERP WILL PROVIDE YOU WITH REASONABLE NOTICE OF MATERIAL CHANGES AND, FOR MATERIAL CHANGES TO SECTIONS 9 (DATA PRIVACY, OWNERSHIP, AND USAGE) OR 10 (DISPUTE RESOLUTION AND ARBITRATION), YOU WILL HAVE THE RIGHT TO TERMINATE YOUR ACCOUNT WITHIN THIRTY (30) DAYS OF NOTICE WITHOUT PENALTY IF YOU DO NOT AGREE TO SUCH CHANGES.