YOPE Terms of Use

Yope Terms and Agreements

YOPE Terms of Use

Overview:

Welcome to YOPE! We are a subscription service that provides our users with access to financial education video modules streamed over the internet and to internet-connected devices and we pair users with a YOPE Financial Consultant to provide professional help.

You have accepted these Terms of Use, which govern your use of our service. As used in these Terms of Use, "YOPE service," "our service" or "the service" means the service provided by YOPE for watching YOPE content and use of our Financial Consultants, including all video modules, website, and user interfaces, as well as all content and software associated with our service.

You agree to the Arbitration Agreement and class action waiver described in Section 14 to resolve any disputes with YOPE (except for matters that may be taken to small claims court).

Please note that these Terms of Use include hyperlinks that may be accessed only through our website. You may need to visit www.yopetoday.com/Yope-Terms-Of-Use to review these hyperlinked terms.

  1. Acceptance of Terms of Use
    1. These Terms of Use, which include our Privacy Statement (www.yopetoday.com/Yope-Privacy-Policy) govern your use of the YOPE service. By visiting, using, browsing our service or taking part in consultations, you accept and agree to these Terms of Use. If you do not agree to these Terms of Use, do not use the service.
    2. The YOPE service is provided by YOPE, LLC.
  2. Changes to Terms of Use. YOPE may, from time to time, change these Terms of Use, including the Privacy Statement. Such revisions shall be effective immediately; provided however, for existing members, such revisions shall, unless otherwise stated, be effective 7 days after posting. We will endeavor to post prior versions of the Terms of Use, if any, for the preceding 12-month period. You can see these prior versions by visiting our website (www.yopetoday.com/YOPE-Prior-Terms).
  3. Privacy. Personally identifying information is subject to our Privacy Statement, the terms of which are incorporated herein. Please review our Privacy Statement to understand our practices.
  4. Communication Preferences. By using the YOPE service, you consent to receiving electronic communications from YOPE relating to your account. These communications may involve sending emails to your email address provided during registration, or posting communications on the YOPE service, or in the "Dashboard" and will include notices about your account (e.g., payment authorizations, change in password or Payment Method, confirmation e-mails and other transactional information) and are part of your relationship with YOPE. You agree that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing. You should maintain copies of electronic communications by printing a paper copy or saving an electronic copy. You also consent to receiving certain other communications from us, such as newsletters about new YOPE features and content, special offers, promotional announcements and customer surveys via email or other methods. If you no longer want to receive certain non-transactional communications, simply opt-out by clicking ‘unsubscribe’ at the bottom of any email communication from YOPE. Please review our Privacy Statement (www.yopetoday.com/Privacy) for further detail on our marketing communications.
  5. Membership, Billing and Cancellation
    1. Membership
      1. Ongoing Membership. Your YOPE membership will continue month-to-month and automatically renew unless and until you cancel your membership or we terminate it. You must have Internet access and provide us with a current, valid, accepted method of payment (as such may be updated from time to time, "Payment Method") to use the YOPE service. We will bill the monthly membership fee to your Payment Method. You must cancel your membership before it renews each month in order to avoid billing of the next month's membership fees to your Payment Method.
      2. Differing Memberships. We may offer a number of membership plans, including special promotional plans or memberships with differing conditions and limitations. Any materially different terms from those described in these Terms of Use will be disclosed at your sign-up or in other communications made available to you. Some promotional memberships are offered by third parties in conjunction with the provision of their own products and services. We are not responsible for the products and services provided by such third parties. We reserve the right to modify, terminate or otherwise amend our offered membership plans.
    2. Billing
      1. Recurring Billing. By starting your YOPE membership and providing or designating a Payment Method, you authorize us to charge you a monthly membership fee at the then current rate, and any other charges you may incur in connection with your use of the YOPE service, such as taxes or possible transaction fees, to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
      2. Price Changes. We reserve the right to adjust pricing for our service or any components thereof in any manner and at any time as we may determine in our sole and absolute discretion. Except as otherwise expressly provided for in these Terms of Use, any price changes to your service will take effect following email notice to you.
      3. Billing Cycle. The membership fee for our service will be billed at the beginning of the paying portion of your membership and each month thereafter unless and until you cancel your membership. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying membership. Membership fees are fully earned upon payment. We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your YOPE membership or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership. Visit our website and click on the "Edit Account Details" link on the "Dashboard" or “Home” page or to see the commencement date for your next renewal period. We may authorize your Payment Method in anticipation of membership or service-related charges. As used in these Terms of Use, "billing" shall indicate a charge, debit or other payment clearance, as applicable, against your Payment Method. Unless otherwise stated differently, month or monthly refers to your billing cycle.
      4. No Refunds. PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
      5. Payment Methods. You may edit your Payment Method information by visiting our website and clicking on the "Edit Account Details” link then click “Update Billing Info”, available in your “Dashboard” and at the top of the pages of the YOPE website. If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges.
      6. Cancellation. You may cancel your YOPE membership at any time, and you will continue to have access to the YOPE service through the end of your monthly billing period. WE DO NOT PROVIDE REFUNDS OR CREDITS FOR ANY PARTIAL-MONTH MEMBERSHIP PERIODS OR UNWATCHED YOPE CONTENT. To cancel, go to the "Edit Account Details" page on our website, click the “Cancel” link and follow the instructions for cancellation. If you cancel your membership, your account will automatically close at the end of your current billing period. To see when your account will close, click "Edit Account Details" on our website or in your "Dashboard". If you signed up for YOPE using your account with a third party as a Payment Method, and wish to cancel your YOPE membership at any time you may need to do so through such third party, including by visiting your account with the applicable third party and turning off auto-renew, or unsubscribing from, the YOPE service through that third party. You may also find billing information about your YOPE membership by visiting your account with the applicable third party.
  6. YOPE Service
    1. You must be 13 years of age, or the age of majority in your province, territory or country, to become a member of the YOPE service. Individuals under the age of 13, or applicable age of majority, may utilize the service only with the involvement of a parent or legal guardian, under such person's account and otherwise subject to these Terms of Use.
    2. The YOPE service and any content viewed through our service are for your personal and non-commercial use only. During your YOPE membership, we grant you a limited, non-exclusive, non-transferable, license to access the YOPE service and view YOPE content through the service. Except for the foregoing limited license, no right, title or interest shall be transferred to you. You agree not to use the service for public performances.
    3. You may view YOPE content through the YOPE service primarily within the country in which you have established your account and only in geographic locations where we offer our service and have licensed such YOPE content. YOPE will use technologies to verify your geographic location. THE NUMBER OF DEVICES ON WHICH YOU MAY SIMULTANEOUSLY WATCH IS LIMITED. The number of devices available for use and the simultaneous streams may change from time to time at our discretion.
    4. We continually update the YOPE service, including the content library. In addition, we continually test various aspects of our service, including our website, user interfaces, service levels, plans, promotional features, availability of YOPE content, delivery and pricing. We reserve the right to, and by using our service you agree that we may, include you in or exclude you from these tests without notice. We reserve the right in our sole and absolute discretion to make changes from time to time and without notice in how we offer and operate our service.
    5. Some YOPE content is available for temporary streaming and offline viewing on certain supported devices (“Offline Titles”). Limitations apply, including restrictions on the number of Offline Titles per account, the maximum number of devices that can contain Offline Titles, the time period within which you will need to begin viewing Offline Titles and how long the Offline Titles will remain accessible. Some Offline Titles may not be playable in certain countries and if you go online in a country where you would not be able to stream that Offline Title, the Offline Title will not be playable while you are in that country.
    6. You agree to use the YOPE service, including all features and functionalities associated therewith, in accordance with all applicable laws, rules and regulations, or other restrictions on use of the service or content therein. Except as explicitly authorized in these Terms of Use, you agree not to archive, download, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, offer for sale, or use content and information contained on or obtained from or through the YOPE service without express written permission from YOPE, LLC.. You also agree not to: circumvent, remove, alter, deactivate, degrade or thwart any of the content protections in the YOPE service; use any robot, spider, scraper or other automated means to access the YOPE service; decompile, reverse engineer or disassemble any software or other products or processes accessible through the YOPE service; insert any code or product or manipulate the content of the YOPE service in any way; or, use any data mining, data gathering or extraction method. In addition, you agree not to upload, post, e-mail or otherwise send or transmit any material designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with the YOPE service, including any software viruses or any other computer code, files or programs.
    7. The availability of YOPE content to watch will change from time to time, and from country to country. The quality of the display of the YOPE content may vary from device to device, and may be affected by a variety of factors, such as your location, the bandwidth available through and/or speed of your Internet connection. HD, Ultra HD and HDR availability is subject to your Internet service and device capabilities. Not all content is available in all formats, such as HD, Ultra HD or HDR. Default playback settings on cellular networks exclude HD, Ultra HD and HDR content. The minimum connection speed for SD quality is 0.5 Mbps; however, we recommend a faster connection for improved video quality. A download speed of at least 5.0 Mbps per stream is recommended to receive HD content (defined as a resolution of 720p or higher). A download speed of at least 25.0 Mbps per stream is recommended to receive Ultra HD (defined as a resolution of 1080p or higher) and HDR content. You are responsible for all Internet access charges. Please check with your Internet provider for information on possible Internet data usage charges. YOPE makes no representations or warranties about the quality of your watching experience on your display. The time it takes to begin watching YOPE content will vary based on a number of factors, including your location, available bandwidth at the time, the YOPE content you have selected and the configuration of your device.
    8. YOPE assigns members with a Financial Consultant. Financial Consultants are employed by YOPE. Financial Consultants provide guidance and support to members. Information provided by Financial Consultants to members is for general educational purposes only and is not investment or financial advice. Nothing said to members should be considered an offer, solicitation of an offer, or advice to buy or sell securities. Members must do their due diligence.Members are assign Financial Consultants based on that members module purchases coupled with what that member writes in their profile pertaining to what area(s) of personal finance they need help with. Members are given three free 30 minute consultations within 365 days of joining YOPE- which renews annually. Members are limited to one free 30 minute consultation every 30 days.
    9. We may terminate or restrict your use of our service, without compensation or notice if you are, or if we suspect that you are (i) in violation of any of these Terms of Use or (ii) engaged in illegal or improper use of the service.
  7. Passwords & Account Access
    1. The member who created the YOPE account and whose Payment Method is charged is referred to here as the Account Owner. The Account Owner has access and control over the YOPE account. The Account Owner's control is exercised through use of the Account Owner's password and therefore to maintain exclusive control, the Account Owner should not reveal the password to anyone. In addition, if the Account Owner wishes to prohibit others from contacting YOPE Customer Service and potentially altering the Account Owner's control, the Account Owner should not reveal the Payment Method details (e.g., last four digits of their credit or debit card, or their email address if they use PayPal) associated with their account. You are responsible for updating and maintaining the truth and accuracy of the information you provide to us relating to your account.
    2. In order to provide you with ease of access to your account and to help administer the YOPE service, YOPE implements technology that enables us to recognize you as the Account Owner and provide you with direct access to your account without requiring you to retype any password or other user identification when you revisit the YOPE service, which includes accessing via YOPE devices or website.
    3. You should be mindful of any communication requesting that you submit credit card or other account information. Providing your information in response to these types of communications can result in identity theft. Always access your sensitive account information by going directly to the YOPE website and not through a hyperlink in an email or any other electronic communication, even if it looks official. YOPE reserves the right to place any account on hold anytime with or without notification to the member in order to protect itself and its partners from what it believes to be fraudulent activity. YOPE is not obligated to credit or discount a membership for holds placed on the account by either a representative of YOPE or by the automated processes of YOPE.
  8. Disclaimers of Warranties and Limitations on Liability
    1. THE YOPE SERVICE AND ALL CONTENT THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE YOPE SERVICE, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YOPE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE YOPE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YOPE SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, YOPE READY DEVICES, AND YOPE SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
    2. TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL YOPE, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
    3. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
    4. NOTHING IN THESE TERMS OF USE SHALL AFFECT ANY NON-WAIVABLE STATUTORY RIGHTS THAT APPLY TO YOU. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.
    5. Nothing on this website should be considered an offer, solicitation of an offer, or advice to buy or sell securities.
    6. Information provided by YOPE is for general educational purposes only and is not investment or financial advice. You should consult with an attorney or other professional to determine what may be best for your individual needs.
    7. While YOPE has tried to provide accurate and timely information, and have relied on sources we believe to be reliable, YOPE does not make any guarantee or other promise as to any results that may be obtained from using our content or our Financial Consultants. No one should make any investment decision without first conducting their own research and due diligence. To the maximum extent permitted by law, YOPE disclaims any and all liability in the event any information, consultation, commentary, analysis, opinions, advice and/or recommendations prove to be inaccurate, incomplete or unreliable, or result in any investment or other losses.
    8. Content contained on or made available through our website is not intended to and does not constitute legal advice or investment advice and no attorney-client relationship is formed. Your use of the information on our website or materials linked from the Web is at your own risk.
    9. Decisions based on information contained on this site are the sole responsibility of the user, and in exchange for using this site, you agree to hold YOPE and its affiliates harmless against any claims for damages arising from any decision you make based on such information.
  9. Intellectual Property
    1. Copyright. The YOPE service, including all content provided on the YOPE service, is protected by copyright, trade secret or other intellectual property laws and treaties.
    2. Trademarks. YOPE is a registered trademark of YOPE, LLC.
  10. Governing Law. Terms of Use shall be governed by and construed in accordance with the laws of the state of New York, U.S.A. without regard to conflict of laws provisions. These terms will not limit any consumer protection rights that you may be entitled to under the mandatory laws of your state of residence.
  11. Applications. You may encounter third-party applications (including, without limitation, websites, widgets, software, or other software utilities) ("Application(s)") that interact with the YOPE service. These Applications may import data related to your YOPE account and activity and otherwise gather data from you. These Applications are provided solely as a convenience to you, and YOPE is not responsible for such Applications. SUCH APPLICATIONS ARE OWNED OR OPERATED BY THIRD PARTIES THAT ARE NOT RELATED TO WITH OR SPONSORED BY YOPE AND MAY NOT BE AUTHORIZED FOR USE WITH OUR SERVICE IN ALL COUNTRIES. USE OF AN APPLICATION IS AT YOUR OWN OPTION AND RISK.
  12. Use of Information Submitted. YOPE is free to use any comments, information, ideas, concepts, reviews, or techniques or any other material contained in any communication you may send to us ("Feedback"), including responses to questionnaires or through postings to the YOPE service, including the YOPE website and user interfaces, worldwide and in perpetuity without further compensation, acknowledgement or payment to you for any purpose whatsoever including, but not limited to, developing, manufacturing and marketing products and creating, modifying or improving the YOPE service. In addition, you agree not to enforce any "moral rights" in and to the Feedback, to the extent permitted by applicable law. Please note YOPE does not accept unsolicited materials or ideas for YOPE content, and is not responsible for the similarity of any of its content or programming in any media to materials or ideas transmitted to YOPE. Should you send any unsolicited materials or ideas, you do so with the understanding that no additional consideration of any sort will be provided to you, and you are waiving any claim against YOPE and its affiliates regarding the use of such materials and ideas, even if material or an idea is used that is substantially similar to the material or idea you sent.
  13. Customer Support. To inquire more information about our service and its features, or if you need assistance with your account, please email YOPE (info@yopetoday.com). In the event of any conflict between these Terms of Use and information provided by Customer Support or other portions of our website, these Terms of Use will control.
  14. Arbitration Agreement
    1. If you are a YOPE member in the United States (including its possessions and territories), you and YOPE agree that any dispute, claim or controversy arising out of or relating in any way to the YOPE service, these Terms of Use and this Arbitration Agreement, shall be determined by binding arbitration or in small claims court. Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. You agree that, by agreeing to these Terms of Use, the U.S. Federal Arbitration Act governs the interpretation and enforcement of this provision, and that you and YOPE are each waiving the right to a trial by jury or to participate in a class action. This arbitration provision shall survive termination of this Agreement and the termination of your YOPE membership.
    2. If you elect to seek arbitration or file a small claim court action, you must first send to YOPE, by certified mail, a written Notice of your claim ("Notice"). The Notice to YOPE must be addressed to: General Counsel, PO Box 151 New York, NY 10026 ("Notice Address"). If YOPE initiates arbitration, it will send a written Notice to the email address used for your membership account. A Notice, whether sent by you or by YOPE, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If YOPE and you do not reach an agreement to resolve the claim within 90 days after the Notice is received, you or YOPE may commence an arbitration proceeding or file a claim in small claims court.
    3. You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after YOPE receives notice at the Notice Address that you have commenced arbitration, YOPE will reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
    4. The arbitration will be governed by the Commercial Arbitration Rules (the "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless YOPE and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
    5. If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision explaining the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of YOPE's last written settlement offer made before an arbitrator was selected (or if YOPE did not make a settlement offer before an arbitrator was selected), then YOPE will pay you the amount of the award or US$5,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
    6. YOU AND YOPE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and YOPE agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. 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 warranted by that party's individual claim.
  15. Survival. If any provision or provisions of these Terms of Use shall be held to be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall remain in full force and effect.