Terms and Conditions
PLEASE READ THE FOLLOWING TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS WEBSITE. By accessing and using this site, all users agree to be bound by the following terms and conditions and all applicable laws. If you do not agree to these terms and conditions, please refrain from using this site.
Copyright
The entire content of this site, including but not limited to text, photos, graphics, or code, is copyrighted as a collective work under United States and other copyright laws and is the property of YGS America Corporation, henceforth referred to as Pro Club Inc. This collective work includes works licensed to Pro Club Inc. Copyright 2022, Pro Club Inc. ALL RIGHTS RESERVED. Permission is granted to electronically copy and print hard copy portions of this site solely for the purpose of placing an order with Pro Club Inc or purchasing Pro Club Inc products. You may display and, subject to any expressly stated restrictions or limitations regarding specific material, download or print portions of the material from different areas of the site solely for your own non-commercial use, or to place an order with Pro Club Inc or to purchase Pro Club Inc products. Any other use, including but not limited to the reproduction, distribution, display, or transmission of the content of this site, is strictly prohibited unless authorized by Pro Club Inc. Additionally, you agree not to alter or remove any proprietary notices from materials downloaded from the site.
Trademarks
All trademarks, service marks, and trade names used on this site are trademarks or registered trademarks of Pro Club Inc.
Warranty Disclaimer
This site and the materials and products on this site are provided “as is” without any warranties, whether express or implied. To the fullest extent permissible by applicable law, Pro Club Inc disclaims all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Pro Club Inc does not warrant that the functions contained in the site will be uninterrupted or error-free, that defects will be corrected, or that this site or the server that makes it available are free of viruses or other harmful components. Pro Club Inc does not make any warranties or representations regarding the use of the materials on this site in terms of their correctness, accuracy, adequacy, usefulness, timeliness, reliability, or otherwise. Some states do not allow limitations or exclusions on warranties, so the above limitations may not apply to you.
Limitation of Liability
Pro Club Inc shall not be liable for any special or consequential damages resulting from the use of, or the inability to use, the materials on this site or the performance of the products, even if Pro Club Inc has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.
Typographical Errors
In the event that a Pro Club Inc product is mistakenly listed at an incorrect price, Pro Club Inc reserves the right to refuse or cancel any orders placed for products listed at the incorrect price. Pro Club Inc reserves the right to refuse or cancel any such orders, whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is canceled, Pro Club Inc will issue a credit to your credit card account in the amount of the incorrect price.
Color
We have made every effort to display the colors of our products as accurately as possible. However, the colors you see on your monitor will depend on your monitor settings. We cannot guarantee that the colors you see on your monitor are accurate.
Term & Termination
These terms and conditions are applicable to you upon your access to the site and/or upon completing the registration or shopping process. These terms and conditions, or any part of them, may be terminated by Pro Club Inc without notice at any time, for any reason. The provisions related to Copyrights, Trademarks, Disclaimer, Limitation of Liability, Indemnification, and Miscellaneous shall survive any termination.
Notice
Pro Club Inc may deliver notice to you by means of e-mail, a general notice on the site, or by other reliable methods to the address you have provided to Pro Club Inc.
Miscellaneous
Your use of this site shall be governed in all respects by the laws of the state of California, U.S.A., without regard to choice of law provisions, and not by the 1980 U.N. Convention on contracts for the international sale of goods. You agree that jurisdiction over and venue in any legal proceeding directly or indirectly arising out of or relating to this site (including but not limited to the purchase of Pro Club Inc products) shall be in the state or federal courts located in Los Angeles County, California. Any cause of action or claim you may have regarding the site (including but not limited to the purchase of Pro Club Inc products) must be commenced within one (1) year after the claim or cause of action arises. Pro Club Inc’s failure to insist upon or enforce strict performance of any provision of these terms and conditions shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any of these terms and conditions. Pro Club Inc may assign its rights and duties under this Agreement to any party at any time without notice to you.
Use of Site
Harassment in any manner or form on the site, including via e-mail, chat, or by the use of obscene or abusive language, is strictly forbidden. Impersonation of others, including a Pro Club Inc or other licensed employee, host, or representative, as well as other members or visitors on the site, is prohibited. You may not upload to, distribute, or otherwise publish through the site any content which is libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable, and that may constitute or encourage a criminal offense, violate the rights of any party, or otherwise give rise to liability or violate any law. You may not upload commercial content on the site or use the site to solicit others to join or become members of any other commercial online service or organization.
Participation Disclaimer
Pro Club Inc does not and cannot review all communications and materials posted to or created by users accessing the site and is not responsible for the content of these communications and materials. You acknowledge that by providing you with the ability to view and distribute user-generated content on the site, Pro Club Inc is merely acting as a passive conduit for such distribution and is not undertaking any obligation or liability relating to any contents or activities on the site. However, Pro Club Inc reserves the right to block or remove communications or materials that it determines to be (a) abusive, defamatory, or obscene, (b) fraudulent, deceptive, or misleading, (c) in violation of a copyright, trademark, or other intellectual property rights of another, or (d) offensive or otherwise unacceptable to Pro Club Inc at its sole discretion.
Indemnification
You agree to indemnify, defend, and hold harmless Pro Club Inc, its officers, directors, employees, agents, licensors, and suppliers (collectively the “Service Providers”) from and against all losses, expenses, damages, and costs, including reasonable attorneys’ fees, resulting from any violation of these terms and conditions or any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the site using your Internet account.
Third-Party Links
In an effort to provide increased value to our visitors, Pro Club Inc may link to sites operated by third parties. However, even if the third party is affiliated with Pro Club Inc, Pro Club Inc has no control over these linked sites, all of which have separate privacy and data collection practices, independent of Pro Club Inc. These linked sites are only for your convenience and you access them at your own risk. Nonetheless, Pro Club Inc seeks to protect the integrity of its website and the links placed upon it and therefore requests any feedback not only on its own site but also on sites it links to (including if a specific link does not work).
Communications
You agree that Pro Club Inc may send you electronic mail to inform you about any changes to Pro Club Inc’s site, products, services, or for any other purposes Pro Club Inc deems appropriate.