TERMS OF SERVICE

Last Updated: December 18, 2023

Important: These Terms require all disputes between us to go through binding arbitration instead of government court.  That means you waive any right to have disputes decided (1) by a judge or jury and (2) in class or representative actions.  You can opt-out of arbitration for thirty (30) days after you agree to these Terms.  To opt-out, see Section 8(k) under Dispute Resolution below.

 

We provide brief summaries at the beginning of each section to make it easier for you to read and understand this agreement.  The summaries do not replace the text of each section, and you should still read each section in its entirety.

1.       Introduction

This is a contract between you and us.  You can contact us if you have any questions or concerns.  If you do not understand or agree to these Terms, don’t use the Services.

The Agreement:

By accessing or using our Services, you agree to be bound by these Terms of Service (“Terms”) and Our Policies described below (together, the “Agreement”).   It’s important that you read this Agreement carefully before you accept it.  This Agreement governs your use of the online platform and other products and services (which we call the “Services”) made available by Four Thousand Weeks, LLC (“we”, “us”, “our” and “YayDay”). 

Updates:

These Terms are effective as of the Last Updated date above.  We may update these Terms from time to time, in which case we will update the Last Updated date at the top of these Terms. 

If we make significant changes, we’ll do our best to notify you.  For example, we may email the address associated with your Account or place a prominent notice on the login or homepage of the Services.  Changes to this Agreement do not create a renewed opportunity to opt out of arbitration (if applicable).

But it’s your sole responsibility to review these Terms from time to time to view the current Terms.  By using or accessing the Services after the Last Updated date, you accept the current Terms. 

If you do not accept a change to the Terms, you must stop accessing and using the Services immediately.

Contact Us:

You may contact us regarding the Services or these Terms at: our support page, team@myyayday.com or PO Box 7671 Chatsworth Ave. Larchmont, NY 10538.

2.       Eligibility and Responsibilities

By using the Services, you represent and warrant that you comply with these restrictions.

(a)     In these Terms, “you” and “your” means you as the user of the Services.

(i)       Age:  You must be 16 or older to use the Services, or otherwise of legal age to form a binding contract in your jurisdiction.  If you are under the age of majority where you live, but are 16 or older, you are only permitted to use the Services if your parent or guardian accepts these Terms on your behalf prior to use of the Services.  By using the Services, you affirm that you are of legal age to enter into this Agreement and to use the Services.

(ii)      Business use:  If you use the Services on behalf of a company, then “you” includes you and that entity, and you represent and warrant that (i) you are authorized to bind the company to these Terms, and (ii) you agree to these Terms on the company’s behalf.

(b)     No Healthcare Advice.

  • You understand that the Services do not provide medical advice, diagnosis or treatment. You agree that you will not use the Services for that purpose. The content of the Services, including any third-party websites we may link to, are provided for informational purposes only. You should consult with your physician or other healthcare professional (collectively, “Healthcare Professional”) regarding any medical or health-related diagnosis or treatment options.

  • Always consult your Healthcare Professional after reviewing all information provided by the manufacturer of a product or on any product packaging, before using any medical, nutritional or homeopathic product and before adopting any treatment for a health problem. Everyone is different, and the way you react to a particular product may be significantly different from the way other people react. You should also ask your Healthcare Professional about any interactions between any medication you are currently taking and our products.

(e)     YayDay employees, consultants and agents may publicly describe their experiences with specific YayDay products. Any comments made by such employees, consultants and agents that are not endorsed specifically by YayDay are strictly their own personal views made in their personally capacity. These comments are not claims made by YayDay nor do they represent the view or position of YayDay.

(f)      You are responsible for all your activity in connection with the Services.  This includes any choice to purchase and use any Product, the content you send through the Services and the accuracy of information you give us so that we can provide the Services to you.  Most importantly, you represent and warrant that you will not use the Services that in any way violates applicable law, Outside Terms or our Policies.

3.       Other Applicable Terms

Our policies and certain third-party terms apply to you when use the Services.

(a)     Our Policies.  These policies and terms also form part of the Agreement between us:

(i)       Our Privacy Policy describes how we collect and process personal information when you use the Services;

(ii)      our Acceptable Use Policy describes permitted and prohitibed use of the Services; and

  • any other policies, guidelines or terms we make available on the Platform.

You agree that we may modify, delete, and make additions to statements, policies, and notices, with or without notice to you, and for similar guides, statements, policies, and notices applicable to your use of the Services by posting an updated version on the applicable webpage. 

(b)     Outside Links, Materials and Terms.  The Services may link to, include or make available content, data, information, or materials from third parties or otherwise interoperate, integrate, or be used in connection with third party services (“Outside Materials”).  Outside Materials may be subject to additional legal terms (“Outside Terms”) made available by their third-party provider. 

(c)     This Agreement does not apply to Outside Materials.  By using the Services, you acknowledge and agree that we are not responsible for, and disclaim all liability for, any act or omission of any provider of Outside Materials, the performance thereof, or the provisions of Outside Terms.  We do not warrant, endorse Outside Materials or otherwise guarantee their interoperation, integration, or support with the Services.  We are also not a party to Outside Terms.  You have sole discretion whether to purchase or connect to any Outside Materials, and your use of any Third-Party Offering is governed solely by the terms of such Outside Materials.  If you have any complaints in connection with any Outside Materials or Outside Terms, please contact the third party provider directly, your state Attorney General or the Federal Trade Commission at www.ftc.gov.

4.       Access; Accounts

(a)     Access info & Accounts.  You may be required to provide information about yourself to access or use the Services, or to create an account with a user identifier, like a username, and authentication method, like a password (“Account”).  You agree to provide us with accurate, complete and updated information for your Account and access to the Services.  Log into your Account to make edits or changes.  We may also reject, or require that you change any Services-specific information, such as your username or password, in our sole discretion.  You represent and warrant that any such information, including Account information, is and will remain accurate and complete.  You acknowledge and agree that we have no liability whatsoever for errors and omissions in the information you give us so that we can provide the Services (“Customer Data”). 

(b)     Contact us immediately at team@myyayday.com if you know or have any reason to suspect that your Account or password have been stolen, misappropriated or otherwise compromised, or in case of any actual or suspected unauthorized use of your Account.

(c)     Suspension and Termination. We reserve the right to suspend, disable, or delete your Account and/or the Services (or any part of the foregoing) with or without notice, for any or no reason.

(d)     Terms Survive.  If your access is severed, or Account is deleted or terminated by you or by us for any reason, these Terms continue and remain enforceable between you and us, and you will not be entitled to any refund for purchases made.  Termination will not limit any of our other rights or remedies at law or in equity.  Your information will be maintained and deleted in accordance with our Privacy Policy. 

5.       Pricing, Subscriptions and Payment

You can buy a Subscription or make a la carte purchases of our Products.  Susbscriptions automatically renew until canceled.

(a)     General.  We offer great subscription options (“Subscriptions”) and may also sell certain products on a one-time or a la carte basis (all paid purchases, “Products”).  Our paid content is available through subscriptions of various durations or as a-la-carte purchases Depending on the Product, you may be able to purchase paid Services through your device’s native app store or another third-party provider (collectively, “App Store”).  See App Store Purchases for terms that apply to Products bought through an App Store.  See Native Purchases for terms that apply when you buy Products from us.

(b)     Subscriptions. 

(i)       Duration.  Our Subscriptions are continuous.  Subscriptions begin the date you first purchase a Subscription and renew on a recurring basis (each, a “Period”) for periods of the same duration as your initial Subscription period until canceled.  However, we may discontinue your Subscription in the event of a Dispute between us, or if you have previously requested a chargeback that we have successfully challenged.

(ii)      Pricing changes.  We reserve the right to change the cost of our Subscriptions and other Products at any time.  Any change will only become effective only after the expiration of your current Subscription period and after we provide you with notice of such change no fewer than fifteen (15) days before the end of the then-current Period. 

(c)     Purchases. 

(i)       Payments.  You agree that we may charge your credit card, debit card, or other payment mechanism selected by you and approved by us (“Payment Method”), at the time of your Product purchase (including at the beginning of each Subscription Period), all amounts due and owing in connection with your use of the Services, as shown in your Product purchase page, on your Order Form or otherwise ordered by through the Services (“Charges”).  You must complete payment for your Products through our third-party payments provider (“Payment Processor”).  You agree to promptly update your Payment Method to allow for timely payment.  Changes made to your Payment Method will not affect Charges that we submit to your chosen Payment Method before we could reasonably act on your changes.  Additionally, you agree that we may use any updated Payment Method information provided by your issuing bank or payment network. 

(ii)      Collection of Charges.  We will suspend or cancel your Subscription if our Payment Processor is unable to process payment using your existing payment information.  If we are unable to collect Charges through your Payment Method, we may, to the extent not prohibited by applicable law, take any other steps we deem necessary to collect such Charges from you and that you will be responsible for all costs and expenses we incur to collect your Charges, such as collection fees, court costs, and attorneys’ fees.  You further agree that, to the extent not prohibited by applicable law, we may collect interest at the lesser of 1.5% per month or the highest amount permitted by law on any Charges not paid when due.

(iii)     Taxes.  Products may be priced to add or include applicable local taxes (such as sales taxes or VAT), as presented to you at the time of your Product or Subscription offer.

(iv)    No Refunds.  Except as provided under Refunds below, payments for Products and Subscriptions are nonrefundable and there are no credits for partially used Periods. 

(v)     Cancelation.  To cancel a Subscription, log into your Account and follow the instructiosn to cancel your Subscription.  You may also contact us to cancel a Subscription. 

(d)     Order Acceptance; Shipment. Once we receive your order for an Offering, we will provide you with an order confirmation. Your receipt of an order confirmation, however, does not signify our acceptance of your order, nor does it constitute confirmation of our offer to sell; we are simply confirming that we received your order.  We reserve the right at any time after receiving your order to accept or decline your order for any reason and in our sole discretion.  If we cancel an order after you have already been billed, then we will refund the billed amount. Title and risk of loss for any purchases of physical products pass to you upon our delivery to our carrier. We reserve the right to ship partial orders (at no additional cost to you).  For more information, see our Shipping & Refunds Policy. While deliveries may be scheduled for a specified arrival, we cannot guarantee delivery by any specific date or time.

(e)     Promotional Codes.  We may offer certain promotional, referral, discount, and coupon codes or similar offers (“Promos”) that may be redeemed for discounts on future Products or other features related to the Services, subject to any additional terms that we establish.  We may withdraw Promo codes or redemptions if we learn they have been used or created in a fraudulent or deceptive manner (such as creating inauthentic traffic or accounts to earn referral Promos).  You agree that Promos: (i) must be used in a lawful manner; (ii) must be used for the intended audience and purpose; (iii) may not be duplicated, sold or transferred in any manner, or made available by you to the general public (whether posted to a public forum, coupon collecting service, or otherwise), unless expressly permitted by us; (iv) may be disabled or have additional conditions applied to them by us at any time for any reason; (v) may only be used pursuant to the specific terms that we establish; (vi) are not valid for cash or other credits or points; and (vii) may expire prior to your use. 

(f)      Free Trials.   We may offer you a free trial of a Subscriptions for a limited period of time.  The specific terms of your free trial will be provided at offer registration.  At the end of your free trial, we (or our Payment Processor) will begin billing your payment method on a recurring basis for your Subscription (plus any applicable taxes and other charges).  If your free trial is purchased through the Services, we will notify you of upcoming Subscription conversion to the extent required by applicable law based on your billing location.  See Cancelation above for help with canceling a free trial.  Please note that you may not receive a notice from us that your free trial is ending or that the paid portion of your Subscription has begun.  We reserve the right to modify or terminate the availability of free trials at any time, without notice, in our sole discretion.

(g)     Refunds.  Generally, all purchases are final and nonrefundable, and there are no refunds or credits for partially used periods, except if applicable law in your jurisdiction provides for refunds.

(i)       For subscribers residing in the EU, EEA, UK, and Switzerland:  In accordance with local law, you are entitled to a full refund during the 14 days after the Subscription begins.  This 14-day period commences when your Subscription starts.

(ii)      Please contact us if you believe that applicable law in your jurisdiction entitles you to a refund.

(h)     Gift Cards.  Tangible and/or digital gift cards containing stored money value may be offered by us for certain purchases on the Services (“Gift Cards”).  You acknowledge that we make no warranties with respect to your Gift Card balance, and we are not responsible for any unauthorized use, alteration, theft, or destruction of a Gift Card or Gift Card code that results from any action by you or a third party.  You also acknowledge that we may suspend or prohibit use of your Gift Card if your Gift Card or Gift Card code has been reported lost or stolen, or if we believe your Gift Card balance is being used suspiciously, fraudulently, or in an otherwise unauthorized manner.  If your Gift Card code stops working, your only remedy is for us to issue you a replacement Gift Card code.  By purchasing a Gift Card, you represent and warrant to us that use of the Gift Card will comply with these Terms and all applicable laws, rules and regulations, and the Gift Card will not be used in any manner that is misleading, deceptive, unfair or otherwise harmful to consumers.  Gift Cards cannot be used to purchase other gift cards, reloaded, resold, used for payment outside of the Services, used for unauthorized marketing, sweepstakes, advertising, or other promotional purposes, redeemed for more than face value, transferred for value, redeemed for cash, or returned for a cash refund (except to the extent required by law).  Gift Cards do not expire, and we will not assess a service fee or dormancy fee with respect to a Gift Card.

6.       Content

(a)     While using our Services, you will have access to: (i) content that you upload or provide while using our Services (“Your Content”); (ii) content that other users upload or provide while using our Services (“User Content”); and (iii) content that we provide on and through our Services (“Our Content”).  In this agreement, “content” includes, without limitation, all text, images, video, audio, or other material on our Services.

(b)     Your Content

You are responsible for Your Content.  Don’t share anything that you wouldn’t want others to see, that would violate this Agreement, or that may expose you or us to legal liability.

You are solely responsible and liable for Your Content, and, therefore, you agree to indemnify, defend, release, and hold us harmless from any claims made in connection with Your Content.

You represent and warrant to us that the information you provide to us or any other user is accurate, and that you will update your account information as necessary to ensure its accuracy.

You acknowledge and agree that Your Content may be viewed by other users, and, notwithstanding these Terms, other users may share Your Content with third parties.  By uploading Your Content, you represent and warrant to us that you have all necessary rights and licenses to do so and automatically grant us a license to use Your Content in connection with the Platform for so long as Your Content remains in or associated with your Account.

You understand and agree that we may monitor or review Your Content, and we have the right to remove, delete, edit, limit, or block or prevent access to any of Your Content at any time in our sole discretion.  Furthermore, you understand and agree that we have no obligation to display or review Your Content.

  • Your License. By creating an account and providing Your Content, you grant us a worldwide, perpetual, transferable, sub-licensable, royalty-free right and license to host, store, use, copy, display, reproduce, adapt, edit, publish, translate, modify, reformat, distribute and otherwise make available Your Content, including any information you authorize us to access from any Social Login or other third-party sources (if applicable), in whole or in part, and for the uses contemplated by this Agreement and any other purpose permitted by this Agreement and in any format or medium, subject only to our Privacy Policy and applicable law.

(d)     User Content

You will have access to User Content—but it is not yours, and you may not copy or use User Content for any purpose except as contemplated by these Terms.

Other users will also share content on our Services.  User Content belongs to the user who posted the content and is stored on our servers and displayed at the direction of that user.

You do not have any rights in relation to User Content, and, unless expressly authorized by us, you may only use User Content to the extent that your use is consistent with this Agreement, including our Acceptable Use Policy.  You may not copy the User Content or use User Content for commercial purposes, to spam, to harass, or to make unlawful threats.  We reserve the right to terminate your Account if you misuse User Content.

(e)     Our Content

We own all other content on our Services.

(i)       Ownership.  Any other text, content, graphics, user interfaces, trademarks, logos, sounds, artwork, images, and other intellectual property appearing on our Services is owned, controlled or licensed by us and protected by copyright, trademark and other intellectual property law rights.  All rights, title, and interest in and to Our Content remains with us at all times. 

(ii)      Except for the limited rights and licenses expressly granted under this Agreement, nothing in this Agreement grants, by implication, waiver, estoppel, or otherwise, to you or any third party, any right, title, or interest in or to Our Content, the Services or other intellectual property provided in connection with this Agreement.

7.       Disclaimers, Limits on Liability & Indemnification

Our Services are provided ‘as is.’  We do not make, and cannot make, any representations about the content or features of our Services.

(a)     Warranties.
(i)       Except as stated elsewhere in these Terms, the Services and all content are provided “as is” without warranty of any kind.  To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, including the warranties of merchantability, title, non-infringement of third parties’ rights, or fitness for a particular purpose.
(ii)      Use of the Services and the transmission of messages through the Services is done at your own discretion and risk.  No advice or information, whether oral or written, obtained by you from us or through the Services will create any warranty that is not expressly stated in these Terms.
(iii)     Some jurisdictions do not allow the exclusion of implied warranties or limitations on how long an implied warranty may last.  To the extent permissible, any implied warranties that cannot be excluded are limited to ninety (90) days, or such longer period as applicable law requires.

(b)     Limitations of Liability.  Except for the indemnity obligations stated below, to the fullest extent allowed by applicable law, under no circumstances and under no legal theory will either of us be liable to the other with respect to the subject matter of this Agreement for:
(i)       Any indirect, special, incidental, or consequential damages of any kind, or
(ii)      Any amount, in the aggregate, in excess of the greater of (1) $100 or (2) the amounts paid and/or payable by you to us for paid Services in the three-month period preceding the applicable claim.
For clarity, this means we will not be liable for: loss of information, unauthorized access to or loss of Customer Data, Your Content or any other data, the cost of procuring alternative goods or services, internet failures, or our failure to provide technical or other support services.  These limits apply to all claims, obligations and liabilities relating to this Agreement, even if we, our affiliates, licensors or suppliers are aware of the possibility that you may incur these damages, and even if these limited remedies fail of their essential purpose.  In each case, however, these limitations apply only to the extent they are not prohibited by applicable law.

(c)     Indemnification.  To the fullest extent allowed by applicable law, you agree to indemnify and hold harmless Four Thousand Weeks, LLC, its affiliates, officers, agents, employees, and partners from and against any and all claims, liabilities, damages (actual and consequential), losses and expenses (including attorneys’ fees) arising from or in any way related to any third party claims relating to (i) your use of the Services (including any actions taken by a third party using your access to Subscriptions), and/or (ii) your violation of this Agreement or of law.  In the event of such a claim, suit, or action, we will notify you using the contact information we have for your account (provided that failure to deliver such notice shall not eliminate or reduce your indemnification obligations hereunder).

8.       Dispute Resolution

In the event of a dispute, you and YayDay agree to try to resolve it informally first.  If we can’t resolve it in 60 days, we agree to arbitrate the claim, instead of going to court.  You may opt-out of arbitration within 30 days of agreeing to this Agreement, as described below.

You agree to resolve disputes with YayDay through binding arbitration, except as described in this Section 8 (“Arbitration Provision”).  The parties expressly waive the right to bring or participate in any kind of class, collective, or mass action, private attorney general action, or any other representative action.  You may opt-out of this Arbitration Provision within thirty (30) days of accepting these Terms under Section 8(k)9(k).

(a)     Covered Disputes.  You and YayDay agree that any dispute or claim between you and YayDay arising out of or relating to this Agreement or the Services (a “Dispute”) will be resolved by binding arbitration, rather than in court.  A Dispute includes any claim or dispute relating to the Services, their access and use, your Account, or any aspects of your relationship or transactions with YayDay, as well as disputes that arose or involve facts occurring before the effectiveness of this Agreement as well as claims that may arise after the termination of this Agreement. 

(b)     Exceptions to Arbitration.  This Arbitration Provision does not require arbitration of the following types of claims brought by either you or YayDay:

(i)       small claims court actions, if the requirements of the court are met and the claims are only on an individual basis; and

(ii)      claims pertaining to intellectual property rights, including trademarks, trade dress, domain names, trade secrets, copyrights and patents.

(c)     Informal Dispute Resolution First.  Like you, we want to resolve Disputes without resorting to arbitration.  If you have a Dispute with us, before initiating arbitration, you agree to mail an individualized request (“Pre-Arbitration Demand”) to team@myyayday.com so that we can work together to resolve the Dispute.  This Section 8(c)  is a condition precedent to commencing arbitration, and that the arbitrator will dismiss any arbitration filed without fully and completely complying with these informal dispute resolution procedures.

(i)       A Pre-Arbitration Demand is only valid when it pertains to, and is on behalf of, a single individual.  A Pre-Arbitration Demand brought on behalf of multiple individuals is invalid as to all. 

(ii)      The Pre-Arbitration Demand must include: (i) your name, telephone number, mailing address, and email address associated with your account; (ii) the name, telephone number, mailing address and email address of your counsel, if any; (iii) a description of your Dispute; and (iv) your signature. 

(iii)     Likewise, if YayDay has a Dispute with you, YayDay will send an email with its individualized Pre-Arbitration Demand, including the requirements listed above, to the email address associated with your Account. 

(iv)    If the Dispute is not resolved within sixty (60) calendar days of when either you or YayDay submitted a Pre-Arbitration Demand, an arbitration can be brought. 

(v)     This Section 8(c) does not apply to claims brought under the exception to arbitration in Section 8(b). 

(d)     Arbitration Procedure.  If, after completing the informal process in Section 8(c), either you or YayDay wishes to initiate arbitration, the initiating party must serve the other party with a demand for arbitration.  Any demand for arbitration by you will be sent to the YayDay address in Section 8(c). YayDay will send any arbitration demand to the email address associated with your YayDay account or to your counsel, if any.  You and YayDay agree that the Federal Arbitration Act (“FAA”) governs this Arbitration Provision.  If the FAA cannot apply, then the state laws governing arbitration procedures where you reside apply.

(i)       The arbitration will be administered by National Arbitration and Mediation (“NAM”) under its operative Comprehensive Dispute Resolution Rules and Procedures, available at https://www.namadr.com/resources/rules-fees-forms. This Agreement will govern to the extent it conflicts with the arbitration provider’s rules.  If the applicable arbitration provider is not available to arbitrate, the parties will select an alternative arbitration provider.  If the parties cannot agree on an appropriate alternative arbitration provider, the parties will ask a court of competent jurisdiction to appoint an arbitrator pursuant to 9 U.S.C. § 5. To the extent there is a dispute over which arbitration provider has jurisdiction, a NAM arbitrator will be appointed to resolve that dispute.

(ii)      Arbitration hearings will take place through videoconferencing by default, unless you and YayDay agree upon another location in writing.  A single arbitrator will be appointed.  The arbitrator may award damages, declaratory or injunctive relief, and recoverable costs.  Any arbitration award may be enforced (such as through a judgment) in any court with jurisdiction.  An arbitration award will have no preclusive effect in another arbitration or court proceeding involving YayDay and a different individual.  The arbitrator will have the exclusive authority to resolve all threshold arbitrability issues, including whether this Agreement is applicable, unconscionable, or enforceable, as well as any defense to arbitration.  However, a court has exclusive authority to rule on the Class Action Waiver in Section 8(f), including any claim that the section is unenforceable, illegal, void or voidable, or that it has been breached.

(iii)     If a request to proceed in small claims court is made after an arbitration has been initiated, but before an arbitrator has been appointed, such arbitration will be administratively closed.  Any controversy over the small claims court’s jurisdiction will be determined by the small claims court. 

(e)     Jury Trial Waiver.  You and YayDay hereby waive any constitutional and statutory rights to sue in court and have a trial in front of a judge or a jury.  You and YayDay are instead electing that all Disputes will be resolved by arbitration under this Arbitration Provision, except as specified in Section 8(b) above.  Court review of an arbitration award is subject to very limited review.  Discovery may be limited in arbitration, and procedures are more streamlined than in court.

(f)      Class Action Waiver.  You and YayDay agree that, except as specified in Section 8(g) below, each of us may bring claims against the other only on an individual basis and not on a class, collective, representative, or mass action basis. 
(i)       The parties hereby waive all rights to have any Dispute be brought, heard, administered, resolved, or arbitrated on a class, collective, representative, or mass action basis.  Subject to this Arbitration Provision, 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 to the party’s individual claim. 
(ii)      Notwithstanding anything to the contrary in this Arbitration Provision, if a court decides, in a final nonappealable decision, that the limitations of this Section 8(f) are invalid or unenforceable as to a particular claim or request for relief (such as a request for public injunctive relief), you and YayDay agree that that particular claim or request for relief (and only that particular claim or request for relief) will be severed from the arbitration and will be pursued in the courts specified in Section 10(viii).

(g)     Batch Proceedings.  To increase the efficiency of administration and resolution of arbitrations, you and YayDay agree that if 25 or more similar arbitration demands (those asserting the same or substantially similar facts or claims, and seeking the same or substantially similar relief), presented by or with the assistance or coordination of the same law firm(s) or organization(s), within a one hundred and eighty (180) day period (“Mass Filing”), the parties agree:
(i)       to administer the Mass Filing in batches of 25 demands per batch (or less, if fewer than 25 remain) (“Batch Proceedings”) with only one batch filed, processed, and adjudicated at a time;
(ii)      to designate one arbitrator for each batch;
(iii)     to accept applicable fees, including any related fee reduction determined by NAM in its discretion;
(iv)    that no other demands for arbitration that are part of the Mass Filing may be filed, processed, or adjudicated until the prior batch of 25 is filed, processed, and adjudicated;
(v)     that fees associated with a demand for arbitration included in a Mass Filing, including fees owed by YayDay and the claimants, will only be due after your demand for arbitration is included in a set of batch proceedings and that batch is properly designated for filing, processing, and adjudication; and
(vi)    that the staged process of batched proceedings, with each set including 25 demands, will continue until each demand (including your demand) is adjudicated or otherwise resolved. 
(vii)   Any statutes of limitation, including the requirement to file within erighteen (18) months in Section 8(j) below, will remain tolled while any arbitration demands are held in abeyance.  While the Batch Proceedings are adjudicated, no other demand for arbitration that is part of the Mass Filing may be processed, administrated, or adjudicated, and no filing or other administrative costs for such a demand for arbitration will be due from either party to the arbitration provider.  If, contrary to this provision, a party prematurely files an , the parties agree that the arbitration provider must hold those demands in abeyance.
(viii)  All parties agree that arbitration demands are of a “substantially similar nature” if they arise out of or relate to the same event or factual scenario and raise the same or similar legal issues and seek the same or similar relief.  Any party may request that the arbitration provider appoint a sole standing administrative arbitrator (“Administrative Arbitrator”) to determine threshold questions such as (1) whether the Batch Proceeding process is applicable or enforceable, (2) whether particular demand(s) are part of a Mass Filing, and (3) whether demands within a Mass Filing were filed in accordance with this Agreement, including Section 8(c).   To expedite resolution of any such dispute by the Administrative Arbitrator, the parties agree that the Administrative Arbitrator may provide and use any procedures necessary to resolve the dispute promptly.  YayDay will pay the Administrative Arbitrator’s costs.
(ix)    The parties will work in good faith with the arbitrator to complete each Batch Proceeding within one hundred and twenty (120) calendar days of its initial pre-hearing conference.  The parties agree that the Batch Proceeding process is designed to achieve an overall faster, more efficient, and less costly mechanism for resolving Mass Filings.

(x)     This Batch Proceedings provision will in no way be interpreted as increasing the number of claims necessary to trigger the applicability of NAM’s Mass Filing Supplemental Dispute Resolution Rules and Procedures, or authorizing class arbitration of any kind.  Unless YayDay otherwise consents in writing, YayDay does not agree or consent to class arbitration, private attorney general arbitration, or arbitration involving joint or consolidated claims under any circumstances, except as set forth in this Section 8(g).

(h)     Settlement.  At least ten (10) calendar days before the date set for the arbitration hearing, you or YayDay may serve a written offer of judgment upon the other party to allow judgment on specified terms.  If the offer is accepted, the offer with proof of acceptance will be submitted to the arbitration provider, who will enter judgment accordingly.  If the offer is not accepted before the arbitration hearing or within thirty (30) calendar days after it is made, whichever occurs first, it will be deemed withdrawn, and cannot serve as evidence in the arbitration.  If an offer made by one party is not accepted by the other party, and the other party fails to obtain a more favorable award, the other party will not recover their post-offer costs and will pay the offering party’s costs from the time of the offer.

The parties agree that any disputes with respect to settlement offer(s) or offer(s) of judgment in a Mass Filing are to be resolved by a single arbitrator to the extent such offers contain the same material terms.  For arbitrations involving represented parties, the represented parties’ attorneys agree to communicate individual offer(s) of judgment to each and every arbitration claimant or respondent to whom such offers are extended.

(i)      Arbitration Costs.  Except as provided for in a Mass Filing under Section 8(g), your responsibility to pay any filing, administrative, and arbitrator costs will be solely as set forth in the applicable arbitration provider’s rules. 

(j)      18-Month Filing Deadline.  To the extent permitted by applicable Law, and notwithstanding any other statute of limitations, any claim or cause of action under this Agreement (with the exception of disputes under Section 8(b)(ii)) must be filed within eighteen (18) months after such claim or cause of action arose.  Otherwise, that claim or cause of action will be permanently barred.  The statute of limitations and any arbitration cost deadlines remain tolled during the required informal process under Section 8(c) above.

(k)     Opt-Out.  You may reject this Arbitration Provision and opt out of arbitration by sending an email to opt-out@myyayday.com within thirty (30) calendar days of creating your Account.  Your opt-out notice must be sent from the email address associated with your Account.  No one may opt-out another person.  Your notice to opt-out must include your first and last name, address, the email address associated with your YayDay account, and a clear statement that you decline this Arbitration Provision.  Opting out of this Arbitration Provision has no effect on any other arbitration agreements that you may enter into in the future with us.

(l)      Severability.  Except as provided in Section 8(f) above, if any provision of this Arbitration Provision is found to be illegal or unenforceable, then that provision will be severed.  The remaining provisions will still apply and will be interpreted to achieve the closest possible intent to the original intent of this section, inclusive of the severed provision.

9.       Additional Provisions

(a)     Feedback.  Any comments, feedback, notes, messages, ideas, suggestions or other communications (collectively, “Feedback”) you send us are our exclusive property.  By submitting Feedback, you assign any and all intellectual property rights in the Feedback to us.  We may, but are not required to use, the Feedback, including any intellectual property or proprietary rights therein, for any purpose whatsoever, without any attribution, financial compensation, or reimbursement of any kind to you or any third party. 

(b)     Injunctive Relief.  You agree that a breach of these Terms will cause irreparable injury to us for which monetary damages would not be an adequate remedy and we shall be entitled to equitable relief in addition to any remedies it may have hereunder or at law without a bond, other security or proof of damages.

(c)     California Residents.  If you are a California resident, in accordance with Cal.  Civ.  Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.

(d)     Modifications of Services.  We may change or discontinue any aspect, service or feature of the Services at any time, in our sole discretion.

(e)     Choice of Law.  These are governed by and construed in accordance with the laws of the State of California without resort to its conflict of law provisions.  Subject to Section 8, you and we agree to only bring Disputes and any other legal proceeding in the state and federal courts located in Los Angeles, California.  You and we agree that the United Nations Convention on Contracts for the International Sale of Goods will not apply to the interpretation or construction of these Terms.

(f)      No Third-Party Beneficiaries.  The parties agree there are no third-party beneficiaries intended under this Agreement.

(g)     No Joint Venture.  You hereby acknowledge and agree that you are not an employee, agent, partner, or joint venturer of Four Thousand Weeks, LLC.

(h)     Waiver.  The failure of either party to exercise, in any way, any right herein does not waive any further rights hereunder. 

(i)      Severability.  If any provision of this Agreement is found to be unenforceable or invalid, that provision will be limited or eliminated, to the minimum extent necessary, so that this Agreement shall otherwise remain in full force and effect and enforceable.

(j)      Entire Agreement.  This Agreement is the complete and exclusive statement of the mutual understanding between the parties as to its subject matter, and it supersedes and cancels all previous written and oral agreements, communications and other understandings relating thereto.

(k)     Force Majeure.  In no event will we be liable to you, or be deemed to have breached this Agreement, for any failure or delay in performing its obligations under the Agreement, to the extent such failure or delay is caused by any circumstances beyond our reasonable control.


Acceptable Use Policy

Last Updated: December 18, 2023

This Acceptable Use Policy (this “Policy”) supplements our Terms of Service (the “Terms”) by describing prohibited uses of our Services. 

Those Terms generally govern your use of any content, tools, features and functionality offered on or through www.myyayday.com (collectively, our “Services”), operated by Four Thousand Weeks, LLC (“YayDay”, “we” or “us”).  All capitalized terms used but not defined in this Policy are defined in the Terms.  

  1. Acceptable Use. While using the Services, you may not:
    • download, modify, copy, distribute, transmit, display, perform, reproduce, duplicate, publish, license, create derivative works from, or offer for sale any information contained on, or obtained from or through, the Services;
    • duplicate, decompile, reverse engineer, disassemble or decode the Services, or attempt to do any of the same;
    • use, reproduce or remove any copyright, trademark, service mark, trade name, slogan, logo, image, or other proprietary notation displayed on or through the Services;
    • use cheats, automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify or affect the Services;
    • exploit the Services for any commercial purpose, including without limitation communicating or facilitating any commercial advertisement or solicitation;
    • access or use the Services in any manner that could disable, overburden, damage, disrupt or impair the Services or interfere with any other party’s access to or use of the Services or use any device, software or routine that causes the same;
    • attempt to gain unauthorized access to, interfere with, damage or disrupt the Services, or the computer systems or networks connected to the Services;
    • circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Services;
    • use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, mines, scrapes or otherwise accesses the Services to monitor, extract, copy or collect information or data from or through the Services, or engage in any manual process to do the same;
    • introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems;
    • use the Services for illegal, harassing, unethical, or disruptive purposes;
    • violate any applicable law or regulation in connection with your use of the Services; or
    • access or use the Services in any way not expressly permitted by these Terms.
  2. Updating this Policy. As described in the Terms, we may update this Policy at any time in our sole discretion.  If we make substantial changes to this Policy, we will do our best to notify you, by providing notice through the Services, and by updating the Last Updated date above.  By continuing to access or use the Services after the Last Updated