Privacy & Cookies
You agree that you are responsible for maintaining the confidentiality of your account and password, for restricting access to your computer, and for all activities that occur under your password or your account. You agree: (a) that you will not disclose your Site password to anyone, (b) that you will not allow others to utilize your account, (c) to ensure that you fully exit from your account at the end of each session, (d) to immediately change your password if you become aware that your account has been compromised, (e) to immediately notify us of any unauthorized use of your password or account, or any other breach of security, and (f) that you will be solely responsible for safeguarding your password and for any actions taken under your password or account, whether authorized by you or not.
We honor the requirements set forth in the Digital Millennium Copyright Act. We therefore take reasonable steps to expeditiously remove from our Website or Services any infringing material that we become aware of. And if the Company becomes aware that one of its users has repeatedly infringed copyrights, we will take reasonable steps within our power to terminate the user’s account.
We make it easy for you to report suspected copyright infringement. If you believe that anything on the the website infringes a copyright that you own or control, please contact Us:
Attn: Linda Hedenblad Email: firstname.lastname@example.org
If you file a notice by mail with Us, it must comply with the requirements set forth at 17 U.S.C. 512(c)(3). That means the notice must:
● contain the physical or electronic signature of a person authorized to act on behalf of the copyright owner;
● identify the copyrighted work claimed to have been infringed;
● identify the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed, or access to which is to be disabled, and information reasonably sufficient to let us locate the material;
● provide your contact information, including your address, telephone number, and an email address;
● provide a personal statement that you have a good-faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
● provide a statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
SOFTWARE AVAILABLE ON THIS WEBSITE
All Software, including without limitation all code and active controls contained in this Website, is owned by Yes LMS and/or its suppliers and is protected by copyright laws and international treaty provisions. Any unlicensed reproduction or redistribution of any Software is expressly prohibited by law, and may result in severe civil and criminal penalties. Without limiting the foregoing, copying or reproduction of any Software to any other server or location for further reproduction or redistribution is expressly prohibited.
Intellectual property rights
You acknowledge that all intellectual property rights in the website and Services, and the Documents anywhere in the world belong to Yes LMS or our licensors, that rights in them are
licensed (not sold) to you, and that you have no rights in, or to, the Services or the Documents other than the right to use each of them in accordance with these Terms.
You acknowledge that you have no right to have access to the website or Services in source-code form.
You agree that all of Yes LMS’ trademarks, trade names, service marks, and other logos and brand features that are displayed via the website and Services (collectively, the “Marks”) are trademarks and the property of Yes LMS. You agree not to display or use Our Marks in any manner without Our prior permission. Sponsor and third party website trademarks are the property of the respective Sponsors and third parties. The display of any Sponsor or third parties trademarks via the website and Services does not necessarily mean that Yes LMS has an affiliation with these entities.
We try to keep the website and Services up and running and free of annoyances. But we make no promises that we will succeed.
THE WEBSITE AND SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE” AND TO THE EXTENT PERMITTED BY APPLICABLE LAW WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. IN ADDITION, WHILE Yes LMS ATTEMPTS TO PROVIDE A GOOD USER EXPERIENCE, WE DO NOT REPRESENT OR WARRANT THAT: (A) THE WEBSITE AND SERVICES WILL ALWAYS BE SECURE, ERROR-FREE, OR TIMELY; (B) THE WEBSITE AND SERVICES WILL ALWAYS FUNCTION WITHOUT DELAYS, DISRUPTIONS, OR IMPERFECTIONS; OR (C) THAT ANY Yes LMS CONTENT, USER CONTENT, THIRD PARTY CONTENT, MATERIALS OR INFORMATION YOU OBTAIN ON OR THROUGH THE WEBSITE OR SERVICES WILL BE TIMELY OR ACCURATE.
Yes LMS TAKES NO RESPONSIBILITY AND ASSUMES NO LIABILITY FOR ANY CONTENT OR MATERIALS OF ANY KIND THAT YOU, ANOTHER USER, OR A THIRD PARTY CREATES, UPLOADS, POSTS, SENDS, RECEIVES, OR STORES ON OR THROUGH OUR WEBSITE AND SERVICES. YOU UNDERSTAND AND AGREE THAT YOU MAY BE EXPOSED TO CONTENT THAT MIGHT BE OFFENSIVE, ILLEGAL, MISLEADING, OR OTHERWISE INAPPROPRIATE, NONE OF WHICH Yes LMS WILL BE RESPONSIBLE FOR.
Yes LMS DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY, OR USEFULNESS WITH RESPECT TO Yes LMS’ SERVICES, THE
WEBSITE, OR INFORMATION CONTAINED ON THE WEBSITE OR SERVICES INCLUDING ANY THIRD PARTY SITES OR THIRD PARTY LINKS.
TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS, YOU AGREE THAT THE COMPANY, ITS AFFILIATES, AGENTS AND THEIR RESPECTIVE OFFICERS, DIRECTORS, OWNERS AND EMPLOYEES WILL NOT BE LIABLE FOR ANY PERSONAL INJURY, EMOTIONAL DISTRESS, DEATH OR FOR ANY INDIRECT, DIRECT, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES, INCLUDING LOST PROFITS OR OTHERWISE, ARISING OUT OF OR RELATING IN ANY WAY TO THIS AGREEMENT, YOUR USE OF THE WEBSITE OR YOUR USE OF THE COMPANY’S SERVICES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF THE COMPANY OR ITS AFFILIATES, OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF OR RELIANCE ON THE WEBSITE OR SERVICES, OR FROM RELIANCE OR DAMAGE CAUSED BY: (I) INFORMATION, MATERIALS, USER CONTENT OR THIRD PARTY CONTENT POSTED ON THE WEBSITE OR SERVICES, (II) FROM THE INABILITY TO USE THE WEBSITE OR SERVICES, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE WEBSITE OR SERVICES (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH ANY THIRD PARTY OR LINKED SITES MADE AVAILABLE ON THE WEBSITE OR SERVICES FROM THIRD PARTY WEBSITES. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE WEBSITE OR SERVICES OR ANY INFORMATION THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE WEBSITE OR SERVICES. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW.
TO THE EXTENT PERMITTED BY LAW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, OR SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
User acknowledges and agrees that without the foregoing exclusions and limitations of liability, The Company would not be able to offer the website or services, and that such exclusions and
limitations of liability shall apply, even if they would cause user’s remedies under this agreement to fail of their essential purpose.
(c) your use or misuse of this Website or any of the Third Party Information, links, materials, products, or services available on or through this Website including any content you posted on the site; (d) any action of any person with whom you shared your password, account, computer, or other device; (e) any information or material you submitted to or posted on the Website; (f) any violation or infringement of any intellectual property, privacy, publicity, confidentiality, Fair Housing, or proprietary rights of any third-party, or any violation of any law or regulation, arising from your use of the Website; or (g) your use of the electronic signature lease execution functionality of the Website (including without limitation the enforceability of an electronically signed lease).
By using the website and Services you agree that the laws of the State of Wisconsin without regard to principles of conflict of laws, will govern this Agreement and any dispute of any sort that might arise between You and Yes LMS.
Disputes – Arbitration Notice
ANY DISPUTE RELATING IN ANY WAY TO YOUR USE OF THE WEBSITE OR SERVICES SHALL BE SUBMITTED TO CONFIDENTIAL BINDING ARBITRATION IN DANE COUNTY, WISCONSIN EXCEPT FOR INTELLECTUAL PROPERTY CLAIMS BROUGHT BY EITHER PARTY (WHICH FOR PURPOSES OF THIS SECTION DO NOT INCLUDE PRIVACY AND PUBLICITY CLAIMS) AND CLAIMS THAT MAY BE BROUGHT IN SMALL-CLAIMS COURT.
CONFIDENTIAL ARBITRATION UNDER THIS AGREEMENT SHALL BE RESOLVED EXCLUSIVELY UNDER THE CONSUMER ARBITRATION RULES THEN PREVAILING OF THE AMERICAN ARBITRATION ASSOCIATION (“AAA’S CONSUMER RULES”), EXCLUDING ANY RULES AND PROCEDURES GOVERNING OR PERMITTING CLASS OR REPRESENTATIVE ACTIONS. THE RULES ARE AVAILABLE AT THE AMERICAN ARBITRATION ASSOCIATION’S WEBSITE.
YOU AND Yes LMS AGREE TO EXPRESSLY WAIVE ANY RIGHTS TO FILE CLASS OR REPRESENTATIVE ACTIONS OR SEEK RELIEF ON A CLASS OR REPRESENTATIVE BASIS IN ANY JURISDICTION OR FORUM.
THE ARBITRATOR SHALL APPLY WISCONSIN LAW, AND THE ARBITRATOR’S AWARD SHALL BE BINDING AND MAY BE ENTERED AS A JUDGMENT IN ANY COURT OF COMPETENT JURISDICTION. THERE SHALL BE NO APPEAL FROM ANY AWARD OF THE ARBITRATOR. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, NO ARBITRATION UNDER THIS AGREEMENT SHALL BE JOINED TO AN ARBITRATION INVOLVING ANY OTHER PARTY SUBJECT TO THIS AGREEMENT, WHETHER THROUGH CLASS ARBITRATION PROCEEDINGS OR OTHERWISE. IF ANY PART OF THIS ARBITRATION PROVISION IS FOUND TO BE INVALID, UNENFORCEABLE OR ILLEGAL, THE REST OF THIS PROVISION SHALL REMAIN IN EFFECT.
IF THE ENTIRE ARBITRATION PROVISION IS FOUND TO BE INVALID OR UNENFORCEABLE, THEN THE PARTIES CONSENT TO PERSONAL JURISDICTION AND EXCLUSIVE VENUE IN THE STATE COURT LOCATED IN DANE COUNTY, WISCONSIN.
If you initiate the arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Rules.
Yes LMS’ performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Yes LMS’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of this Website or information provided to or gathered by Yes LMS with respect to such use.
You may contact Yes LMS regarding this Website at the following email address: email@example.com. Yes LMS has designated the following email address to receive notifications of claimed copyright infringement involving this Website at firstname.lastname@example.org. Please include in your notice a description of the copyrighted work, a description of where the material you claim is infringing is located on the Website, a statement that you are the copyright owner or its agent, and your address, telephone number, and email address.
RIGHTS TO SYNDICATE IMAGES, CONTENT, AND LISTINGS: You hereby grant to
Yes LMS, its subsidiaries, affiliates, and related companies, a perpetual and irrevocable license to copy, modify, display, distribute, create derivative works from, or otherwise use, any and all content that are displayed or submitted to this Website.
Severability: In the event that any portion of this agreement is found to be unenforceable by a court of competent jurisdiction, the remaining portions shall remain in full force and effect to the degree necessary to preserve the intent of the parties.
NOTICES: Any notice required or permitted to be given under this agreement shall be in writing and shall be deemed to have been duly given: when received if personally delivered; when transmitted if transmitted by electronic mail (Email) and a receipt is obtained; the day after it is sent if delivered by overnight delivery service and a receipt is obtained; and five days after it is sent if mailed, first class certified mail, return receipt requested, proper postage prepaid. In each case notices shall be sent to the last known address of the other party.
California Consumer Privacy Act
If you wish to have YesLMS LLC not sell your personal information to a third party, please click: Do Not Sell My Personal Information file, download it, fill out the request, and submit the opt out request to email@example.com.
You may have other rights in addition to the right to opt out of the sale of personal information to third parties. Please scroll down to view the California Consumer Privacy Act tab for an explanation of those rights.
California Consumer Privacy Act
Financial institutions collect personal information necessary to offer and provide financial products and services, as well as permitted by federal, state, and local law. The purposes for which YesLMS LLC and its affiliates collect personal information include, but are not limited to:
● Operational Purposes. Includes offering and providing financial products and services, processing and fulfilling payments and other transactions, and to service existing or prospective accounts, products and service offerings.
● Security and Fraud Detection. Includes verifying consumer’s identities, detection of security incidents, protecting against malicious, deceptive, fraudulent or illegal activity and supporting prosecution of such activity.
● Marketing and Data Analytics. This includes advertising and marketing initiatives and services, data analytics and quality assurance reviews.
● Legal and Regulatory Obligations. Includes collection, disclosure, and storage of data necessary to comply with statutory or regulatory requirements.
● Employment Purposes. Includes collection, disclosure, and storage of personal information necessary for job application and recruitment processes, employment, termination, and benefits related activities.
● Other notified purposes. For any other purposes disclosed to you at the time we collect your information or pursuant to your consent.
The categories of personal information that YesLMS LLC may collect include:
● Personally, Identifiable Information. This includes, but is not limited to, personal identifiers such as name, alias, address, social security number, passport number, e-mail address, Internet Protocol address and other online identifiers, and other similar identifiers.
● Financial and Medical Information. This can include data from consumer reports, personal financial statements, information accessed providing lockbox services to health-related entities.
● Protected Class Characteristics. Includes information about race, color, religion or creed, national origin, sex, age, disability, veteran status, genetic information, citizenship status.
● Commercial Information. Includes records of real or personal property, products or services purchased, obtained, or considered and other consuming histories and tendencies.
● Biometric Information. Biometric data that can be used to establish identity; includes voice, finger, eye and facial prints or recognition.
● Internet or Other Web or Network Activity. Includes browsing and search history, and interactions with websites, advertisements, and applications.
● Geolocation Data.
● Audio, Electronic, Visual, or Similar Information.
● Professional or Employment Information.
● Education Information.
● Inferences. Insights that we use to build a profile about you; includes profiles, preferences, and behaviors drawn from collection and analytics of any of the other categories of personal information collected.
The business or commercial purpose for which YesLMS may disclose your personal information, include but are not limited to:
● For all of the stated purposes above for which YesLMS may collect personal information.
● Auditing Purposes. Related to our interaction with you and concurrent transactions, including, but not limited to, counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with those specifications and other standards.
● Debugging/Repair Activity. Debugging to identify and repair errors that impair, or may impair, existing system and application functionality
● Short-term transient use for our purposes.
● For services performed on our behalf by a service provider or performing services on behalf of a business for which YesLMS LLC is a service provider. Includes, but is not limited to, maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, advertising, marketing, or analytic services, or providing such similar services on behalf of a business or service provider.
YesLMS has not sold personal information in the preceding 12 months. YesLMS LLC may choose to sell the above categories of personal information for any of the business or commercial purposes listed above in the future. If you would like to opt out of the sale of your personal information in the event YesLMS does sell personal information in the future, you can submit an opt-out request by clicking:
Do Not Sell My Personal Information file, make a download, fill it out, and submit it to firstname.lastname@example.org.
Personal information does not include publicly available information made available from federal, state, or local records.
Your CCPA Rights
The California Consumer Privacy Act (CCPA) provides California residents rights regarding the collection and use of their personal information, subject to certain exceptions. An authorized party may submit requests on your behalf. The authorized party must provide a valid power of attorney, or proof of registration with the California Secretary of State as an authorized agent on your behalf.
Generally, California residents have the following rights:
● To request a disclosure of the personal information that has been collected; the categories of sources from which the information was collected; the business or commercial purpose for collecting or selling the personal information; the categories of third parties with which the personal information may be shared; and access to the specific personal information in a portable format.
● To request that a business delete any personal information about the consumer, subject to certain exceptions.
● To opt out of the sale of personal information to third parties at any time please click on the Do not sell my personal information file, make a download, fill it out the request and submit it to email@example.com.
● To not be denied a product or service, charged a different price or rate, or denied a discount or other benefit because the consumer exercised any of his/her rights under the CCPA.
Who does CCPA apply to?
CCPA applies to California residents only. For purposes of CCPA, a California resident is a person who currently lives in California or is domiciled in California but is outside of the state for a temporary or transitory purpose. The rights described above do not apply to residents of other U.S. states or persons who reside outside of the United States.
There are certain activities, information, and circumstances involving the collection, use, processing, sale, or disclosure of personal information that are exempt or excluded from CCPA. CCPA exemptions and exclusions include, but are not limited to:
Personal information collected or sold if every aspect of the commercial transaction takes place wholly outside of California.
Deidentified or aggregate consumer information.
GLBA: The CCPA does not apply to personal information collected, processed, sold or disclosed pursuant to Gramm-Leach-Bliley Act and its implementing regulations (GLBA). GLBA is the federal law that regulates the collection, disclosure, and safeguarding of individuals’ nonpublic personal information who obtain financial products or services primarily for personal, family, or household purposes from a financial institution. For example, if you are a California resident and you have a personal financial product with us, such as a personal credit card, the CCPA rights do not apply to the personal information associated with that account. There are other types of personal information that are not covered by the rights and limitations in the CCPA.
Fair Credit Reporting Act: CCPA does not apply to any activity involving the collection, maintenance, disclosure, sale, communication, or use of any personal information bearing on an individual’s credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, or mode of living by a consumer reporting agency, user or furnisher of consumer reports as defined under the Fair Credit Reporting Act.
Business-to-Business Relationships: Until January 1, 2021, CCPA access and deletion requests do not apply to personal information that (1) reflects written or verbal communications or transactions between YesLMS and you, and (2) was collected while you were acting in the capacity of an employee, owner, officer, director, or contractor of a company, in the context of YesLMS’s LLC business relationship with that company. For these purposes, a company includes sole proprietors, partnerships, non-profits, and government entities.
Employment Related Activity: Until January 1, 2021, CCPA access, opt out, and deletion requests do not apply to personal information that is (1) collected about you in the course of acting as a former or current job applicant, employee, owner, director, officer, or contractor of YesLMS, and (2) used solely in the context of that role. This exemption also applies to personal information of others collected in the course of your acting in one of these roles, if it is your emergency contact information or necessary to administer your benefits.
What can I expect if I exercise any of my rights?
You will not receive a confirmation to a request to opt-out. Consistent with applicable law, we will opt you out of sales at your request.
You will receive a response to your verified request within 45 days of submission, unless we notify you prior to the 45 days that the delivery date of response will be extended by an additional 45 days. Along with the response to the verified request, you will receive a copy of certain information YesLMS LLC has collected on you during the 12 months immediately preceding the date of your verified request. This will include any information provided in your verified consumer request form. YesLMS LLC is not obligated to provide a response more than twice in a 12-month period; this period begins upon your submission of the verified consumer request.
Consistent with applicable law, we will delete your personal information in response to your request.
LAST MODIFIED JUNE 30, 2020