Legal Notices
Terms of Use
Yellowbryk makes information, products, and services available on this website, subject to the
following terms and conditions ("Terms"). By accessing this site, you agree to be bound by these
Terms. Further, your use of this website is subject to those additional terms and conditions provided
by Yellowbryk and, subject to Yellowbryk’s sole discretion, applicable to certain information, products,
and services offerings available through this website. The Additional Terms include, but are not
limited to, sales agreements, receipts, license agreements, supplementary user agreements, and
the Privacy Policy and Consent for Linking ("Additional Terms"). The Additional Terms are hereby
incorporated by reference into these Terms (if there is any conflict between the Additional Terms and
these Terms, the former shall prevail). Yellowbryk reserves the right to change these Terms, and/or
the products, services, prices, and programs mentioned in this website, at any time, at its sole
discretion, without notice. Yellowbryk reserves the right to seek all remedies available by law and in
equity for any violation of these Terms. Any rights not expressly granted herein are reserved.
1. If you are using this website on behalf of your employer, you represent that you are authorized to
accept these terms and conditions on your employer's behalf. Further, you acknowledge that you are
13 years of age or older, and, if under the age of 18, are using this website under the active
supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are
not allowed to use this website or transmit or otherwise submit personal information to Yellowbryk.
2. Any digital content that is made available to download by or through this website ("Software") is the
copyrighted work of Yellowbryk and/or its suppliers. Use of the Software is governed by the terms of
the end user license agreement, if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to install any Software that is accompanied by or
includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for downloading solely for use by end users according to the License
Agreement. Any reproduction or redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators will
be prosecuted to the maximum extent permitted under law and equity.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THESE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, YELLOWBRYK
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Any Software which is downloaded from this website for or on behalf of the United States of America,
its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Yellowbryk, 3739 Balboa Street, San
Francisco, California, 94121.
3. You may download, view, copy, and print documents incorporated in these documents (the
"Documents") from this website subject to the following: (a) the Documents may be used solely for
personal, informational, non-commercial purposes; and (b) the Documents may not be modified or
altered in any way. You may not use, download, upload, copy, print, display, perform, reproduce,
publish, license, post, transmit, or distribute any information from this website in whole or in part
without the express written authorization of Yellowbryk. Documents specified above do not include the
design or layout of this website or any other Yellowbryk owned, operated, licensed, or controlled
website. Elements of Yelllowbryk websites are protected by trade dress, trademark, unfair
competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic,
sound, or image from any Yellowbryk website may be copied or retransmitted unless expressly
permitted in writing by Yellowbryk.
4. YELLOWBRYK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION CONTAINED IN THE INFORMATION, CONTENT,
DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE.
ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED
FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND.
YELLOWBRYK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, DOCUMENTS, AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL
YELLOWBRYK AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS
WEBSITE.
THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS
WEBSITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YELLOWBRYK AND/OR ITS
RESPECTIVE SUPPLIERS MAY, BUT IS NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR
CHANGES IN THE INFORMATION, SERVICE(S), PRODUCT(S), AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
5. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to Yellowbryk’s Copyright Agent. ALL INQUIRIES FAILING TO FOLLOW
THIS PROCEDURE WILL NOT RECEIVE A RESPONSE. See Copyright Information.
6. THE LINKS IN THIS WEBSITE WILL LET YOU LEAVE YELLOWBRYK’S SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF YELLOWBRYK AND YELLOWBRYK IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. YELLOWBRYK IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
YELLOWBRYK IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY YELLOWBRYK OF THIS WEBSITE.
7. YELLOWBRYK INCLUDING ITS EMPLOYEES, DOES NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW
PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN YELLOWBRYK’S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO YELLOWBRYK. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
YELLOWBRYK MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED
AS CONFIDENTIAL OR PROPRIETARY.
8. "Forum" means a discussion group, chat area, bulletin board, news group, feedback, letter to
Yellowbryk, its webmaster or employees, or e-mail function offered as part of this website. You agree
not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false
or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry,
racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights,
including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk
mail," "spam" or chain letters; or (g) violates any laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish
any content containing a solicitation of funds, promotion, advertising, solicitation for goods or
services, or other commercial matter. You agree not to solicit other users of this website to use or join
or become members of any commercial online or offline service or other organization. Except where
expressly authorized by Yellowbryk, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or
submitting any content to Yellowbryk, you acknowledge that such content is nonconfidential and
automatically grant (or warrant that the owner of such rights has expressly granted) Yellowbryk a
perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt,
publish, transmit and distribute such content in any form, medium, or technology now known or later
developed. In addition, you warrant that all so-called moral rights in the content have been waived.
9. We reserve the right to release information to the proper authorities, as a result of a violation of
these Terms, our standards, or unlawful acts, if the information is subpoenaed and/or if we deem it
necessary and/or appropriate. Further, you agree that Yellowbryk may, in its sole discretion, at any
time terminate your access to this website and any account(s) you may have in connection with this
website. Access to this website may be monitored by Yellowbryk.
10. These Terms shall be governed and constructed in accordance with the laws of the State of
California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or
proceeding arising out of or related to this Agreement shall be an appropriate state court in San
Francisco Country, California, or appropriate federal court located in San Francisco, California. If for
any reason a court of competent jurisdiction finds any provision of these Terms, or any portion
thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so
as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force
and effect.
11. You shall defend or settle at your sole expense any claim or suit, including without limitation any
proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency
or commission, (collectively, an "Action") against Yellowbryk and/or each of its affiliates, directors,
officers, agents, employees, or licensees (collectively, the "Indemnitee") to the fullest extent permitted
by law arising out of or in connection with: (1) an assertion that the information, content, or other
materials or services provided or made available by you, or the use thereof, may infringe any
copyright, trademark, or other intellectual property rights of any individual or entity, or are a
misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory,
disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under
these Terms; (3) your use of this website, including the information, content, services, and/or
products provided therein; and/or (4) any content provided by you in a Forum. You shall indemnify and
hold harmless the Indemnitee from and against any and all damages, costs, liabilities, and attorneys'
fees incurred in defending and/or resolving such Action. The foregoing indemnities shall survive
expiration or termination of this Agreement.
12. Notices to Yellowbryk under this Agreement shall be sufficient only if in writing and transmitted via
personal delivery or delivered by a major commercial rapid delivery courier service or by certified or
registered mail, return receipt requested, to: Yellowbryk, Attention: Legal Department, 3739 Balboa
Street, San Francisco, California 94121.
13. These Terms contain the entire agreement between you and Yellowbryk with respect to this
website and supersede all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Yellowbryk with respect to this website. You hereby
acknowledge that you shall have no power or authority to assume or create any obligation or
responsibility on behalf of Yellowbryk. These Terms may only be modified, and a party may only waive
its rights under these Terms, by a written document executed by both parties. Any failure to enforce
any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof.
following terms and conditions ("Terms"). By accessing this site, you agree to be bound by these
Terms. Further, your use of this website is subject to those additional terms and conditions provided
by Yellowbryk and, subject to Yellowbryk’s sole discretion, applicable to certain information, products,
and services offerings available through this website. The Additional Terms include, but are not
limited to, sales agreements, receipts, license agreements, supplementary user agreements, and
the Privacy Policy and Consent for Linking ("Additional Terms"). The Additional Terms are hereby
incorporated by reference into these Terms (if there is any conflict between the Additional Terms and
these Terms, the former shall prevail). Yellowbryk reserves the right to change these Terms, and/or
the products, services, prices, and programs mentioned in this website, at any time, at its sole
discretion, without notice. Yellowbryk reserves the right to seek all remedies available by law and in
equity for any violation of these Terms. Any rights not expressly granted herein are reserved.
1. If you are using this website on behalf of your employer, you represent that you are authorized to
accept these terms and conditions on your employer's behalf. Further, you acknowledge that you are
13 years of age or older, and, if under the age of 18, are using this website under the active
supervision of a parent, legal guardian, or other responsible adult. Children under the age of 13 are
not allowed to use this website or transmit or otherwise submit personal information to Yellowbryk.
2. Any digital content that is made available to download by or through this website ("Software") is the
copyrighted work of Yellowbryk and/or its suppliers. Use of the Software is governed by the terms of
the end user license agreement, if any, which accompanies or is included with the Software
("License Agreement"). An end user will be unable to install any Software that is accompanied by or
includes a License Agreement, unless he or she first agrees to the License Agreement terms.
The Software is made available for downloading solely for use by end users according to the License
Agreement. Any reproduction or redistribution of the Software not in accordance with the License
Agreement is expressly prohibited by law, and may result in civil and criminal penalties. Violators will
be prosecuted to the maximum extent permitted under law and equity.
WITHOUT LIMITING THE FOREGOING, COPYING OR REPRODUCTION OF THE SOFTWARE TO ANY
OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS
EXPRESSLY PROHIBITED, UNLESS SUCH REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY
PERMITTED BY THE LICENSE AGREEMENT ACCOMPANYING SUCH SOFTWARE.
THE SOFTWARE IS WARRANTED, IF AT ALL, ONLY ACCORDING TO THESE TERMS OF THE
LICENSE AGREEMENT. EXCEPT AS WARRANTED IN THE LICENSE AGREEMENT, YELLOWBRYK
HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE SOFTWARE,
INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
Any Software which is downloaded from this website for or on behalf of the United States of America,
its agencies and/or instrumentalities ("U.S. Government"), is provided with Restricted Rights. Use,
duplication, or disclosure by the U.S. Government is subject to restrictions as set forth in
subparagraph (c)(1)(ii) of the Rights in Technical Data and Computer Software clause at DFARS
252.227-7013 or subparagraphs (c)(1) and (2) of the Commercial Computer Software - Restricted
Rights at 48 CFR 52.227-19, as applicable. Manufacturer is Yellowbryk, 3739 Balboa Street, San
Francisco, California, 94121.
3. You may download, view, copy, and print documents incorporated in these documents (the
"Documents") from this website subject to the following: (a) the Documents may be used solely for
personal, informational, non-commercial purposes; and (b) the Documents may not be modified or
altered in any way. You may not use, download, upload, copy, print, display, perform, reproduce,
publish, license, post, transmit, or distribute any information from this website in whole or in part
without the express written authorization of Yellowbryk. Documents specified above do not include the
design or layout of this website or any other Yellowbryk owned, operated, licensed, or controlled
website. Elements of Yelllowbryk websites are protected by trade dress, trademark, unfair
competition, and other laws and may not be copied or imitated in whole or in part. No logo, graphic,
sound, or image from any Yellowbryk website may be copied or retransmitted unless expressly
permitted in writing by Yellowbryk.
4. YELLOWBRYK AND/OR ITS RESPECTIVE SUPPLIERS MAKE NO REPRESENTATIONS ABOUT
THE SUITABILITY OF THE INFORMATION CONTAINED IN THE INFORMATION, CONTENT,
DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS WEBSITE FOR ANY PURPOSE.
ALL SUCH INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS ARE PROVIDED
FOR YOUR USE AT YOUR OWN RISK AND "AS IS" WITHOUT WARRANTY OF ANY KIND.
YELLOWBRYK AND/OR ITS RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THIS INFORMATION, CONTENT, DOCUMENTS, AND RELATED
GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN NO EVENT SHALL
YELLOWBRYK AND/OR ITS RESPECTIVE SUPPLIERS BE LIABLE FOR ANY SPECIAL, INDIRECT,
OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER RESULTING FROM LOSS OF
USE, DATA, OR PROFITS, WHETHER IN AN ACTION OF EQUITY, CONTRACT, NEGLIGENCE, OR
OTHER TORTIOUS ACTION, ARISING OUT OF OR IN CONNECTION WITH THE USE OR
PERFORMANCE OF SOFTWARE, INFORMATION, CONTENT, DOCUMENTS, RELATED GRAPHICS,
PROVISION OF OR FAILURE TO PROVIDE SERVICES AVAILABLE FROM OR THROUGH THIS
WEBSITE.
THE INFORMATION, CONTENT, DOCUMENTS, AND RELATED GRAPHICS PUBLISHED ON THIS
WEBSITE COULD INCLUDE TECHNICAL INACCURACIES, ERRORS, OR OMISSIONS. CHANGES
ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. YELLOWBRYK AND/OR ITS
RESPECTIVE SUPPLIERS MAY, BUT IS NOT OBLIGATED TO, MAKE IMPROVEMENTS AND/OR
CHANGES IN THE INFORMATION, SERVICE(S), PRODUCT(S), AND/OR THE PROGRAM(S)
DESCRIBED HEREIN AT ANY TIME.
5. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright
infringement should be sent to Yellowbryk’s Copyright Agent. ALL INQUIRIES FAILING TO FOLLOW
THIS PROCEDURE WILL NOT RECEIVE A RESPONSE. See Copyright Information.
6. THE LINKS IN THIS WEBSITE WILL LET YOU LEAVE YELLOWBRYK’S SITE. THE LINKED SITES
ARE NOT UNDER THE CONTROL OF YELLOWBRYK AND YELLOWBRYK IS NOT RESPONSIBLE
FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY
CHANGES OR UPDATES TO SUCH SITES. YELLOWBRYK IS NOT RESPONSIBLE FOR
WEBCASTING OR ANY OTHER FORM OF TRANSMISSION RECEIVED FROM ANY LINKED SITE.
YELLOWBRYK IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND THE
INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY YELLOWBRYK OF THIS WEBSITE.
7. YELLOWBRYK INCLUDING ITS EMPLOYEES, DOES NOT ACCEPT OR CONSIDER UNSOLICITED
IDEAS, INCLUDING IDEAS FOR NEW ADVERTISING CAMPAIGNS, NEW PROMOTIONS, NEW
PRODUCTS OR TECHNOLOGIES, PROCESSES, MATERIALS, MARKETING PLANS, OR NEW
PRODUCT NAMES. PLEASE DO NOT SEND ANY ORIGINAL CREATIVE ARTWORK, SAMPLES,
DEMOS, OR OTHER WORKS. THE SOLE PURPOSE OF THIS POLICY IS TO AVOID POTENTIAL
MISUNDERSTANDINGS OR DISPUTES WHEN YELLOWBRYK’S PRODUCTS OR MARKETING
STRATEGIES MIGHT SEEM SIMILAR TO IDEAS SUBMITTED TO YELLOWBRYK. IF, DESPITE OUR
REQUEST THAT YOU NOT SEND US YOUR IDEAS AND MATERIALS, YOU STILL SEND THEM,
YELLOWBRYK MAKES NO ASSURANCES THAT YOUR IDEAS AND MATERIALS WILL BE TREATED
AS CONFIDENTIAL OR PROPRIETARY.
8. "Forum" means a discussion group, chat area, bulletin board, news group, feedback, letter to
Yellowbryk, its webmaster or employees, or e-mail function offered as part of this website. You agree
not to upload, email, post, publish or otherwise transmit through a Forum any content that: (a) is false
or misleading; (b) is defamatory; (c) is harassing or invades another's privacy, or promotes bigotry,
racism, hatred or harm against any group or individual; (d) is obscene; (e) infringes another's rights,
including but not limited to intellectual property rights; (f) constitutes unsolicited bulk e-mail, "junk
mail," "spam" or chain letters; or (g) violates any laws or regulations.
Forums shall be used in a noncommercial manner only. You shall not distribute or otherwise publish
any content containing a solicitation of funds, promotion, advertising, solicitation for goods or
services, or other commercial matter. You agree not to solicit other users of this website to use or join
or become members of any commercial online or offline service or other organization. Except where
expressly authorized by Yellowbryk, you agree not to collect or store personal data about other users.
By uploading, emailing, posting, publishing or otherwise transmitting content to any Forum or
submitting any content to Yellowbryk, you acknowledge that such content is nonconfidential and
automatically grant (or warrant that the owner of such rights has expressly granted) Yellowbryk a
perpetual, royalty-free, irrevocable, nonexclusive right and license to use, reproduce, modify, adapt,
publish, transmit and distribute such content in any form, medium, or technology now known or later
developed. In addition, you warrant that all so-called moral rights in the content have been waived.
9. We reserve the right to release information to the proper authorities, as a result of a violation of
these Terms, our standards, or unlawful acts, if the information is subpoenaed and/or if we deem it
necessary and/or appropriate. Further, you agree that Yellowbryk may, in its sole discretion, at any
time terminate your access to this website and any account(s) you may have in connection with this
website. Access to this website may be monitored by Yellowbryk.
10. These Terms shall be governed and constructed in accordance with the laws of the State of
California without regard to conflicts of law provisions. Sole and exclusive jurisdiction for any action or
proceeding arising out of or related to this Agreement shall be an appropriate state court in San
Francisco Country, California, or appropriate federal court located in San Francisco, California. If for
any reason a court of competent jurisdiction finds any provision of these Terms, or any portion
thereof, to be unenforceable, that provision shall be enforced to the maximum extent permissible so
as to affect the intent of these Terms, and the remainder of these Terms shall continue in full force
and effect.
11. You shall defend or settle at your sole expense any claim or suit, including without limitation any
proceeding, investigation or claim by a self-regulatory organization, state or federal securities agency
or commission, (collectively, an "Action") against Yellowbryk and/or each of its affiliates, directors,
officers, agents, employees, or licensees (collectively, the "Indemnitee") to the fullest extent permitted
by law arising out of or in connection with: (1) an assertion that the information, content, or other
materials or services provided or made available by you, or the use thereof, may infringe any
copyright, trademark, or other intellectual property rights of any individual or entity, or are a
misappropriation of any individual or entity's trade secret, or contain any libelous, defamatory,
disparaging, pornographic, or obscene materials; (2) any breach by you of your obligations under
these Terms; (3) your use of this website, including the information, content, services, and/or
products provided therein; and/or (4) any content provided by you in a Forum. You shall indemnify and
hold harmless the Indemnitee from and against any and all damages, costs, liabilities, and attorneys'
fees incurred in defending and/or resolving such Action. The foregoing indemnities shall survive
expiration or termination of this Agreement.
12. Notices to Yellowbryk under this Agreement shall be sufficient only if in writing and transmitted via
personal delivery or delivered by a major commercial rapid delivery courier service or by certified or
registered mail, return receipt requested, to: Yellowbryk, Attention: Legal Department, 3739 Balboa
Street, San Francisco, California 94121.
13. These Terms contain the entire agreement between you and Yellowbryk with respect to this
website and supersede all prior or contemporaneous communications and proposals, whether
electronic, oral or written, between you and Yellowbryk with respect to this website. You hereby
acknowledge that you shall have no power or authority to assume or create any obligation or
responsibility on behalf of Yellowbryk. These Terms may only be modified, and a party may only waive
its rights under these Terms, by a written document executed by both parties. Any failure to enforce
any provision of these Terms shall not constitute a waiver thereof or of any other provision hereof.