Terms & Conditions | Website & WiFi
If you do not agree to the Terms of Use, discontinue using the site immediately!

Updated February 7, 2024
 
WEBSITE TERMS & CONDITIONS

By using this site, you signify your Assent and Agreement to these Terms of Use. If you do not agree to these Terms of Use, do not use the site.

Restrictions on Use of Materials

Materials in this website are copyrighted and all rights are reserved. Text, graphics, databases, HTML code, and other intellectual property are protected by international copyright laws, and may not be copied, reprinted, published, reengineered, translated, hosted, or otherwise distributed by any means without explicit permission from Yrka Technologies, LLC.

YOU MUST BE 18 OR OLDER TO AGREE TO THIS AGREEMENT AND USE THIS SITE

This agreement must be completed, understood and agreed to by a person over 18. If a parent or guardian wishes to permit a person under 18 to access this site, he or she should email Yrka Technologies, LLC at info @ yrkatech.com with his or her explicit permission and acceptance of full legal responsibility. If you are not yet 18 or are accessing this site from any country where this material is prohibited, please exit now as you do not have proper authorization.

Database Ownership, License, and Use

Yrka Technologies, LLC warrants, and you accept, that Yrka Technologies, LLC is the owner of the copyright of the Databases of Links to articles and resources available from time to time through yrkatech.com, salesprotoceo.com, and erikcharlesrussell.com. Yrka Technologies, LLC and its contributors reserve all rights and no intellectual property rights are conferred by this agreement.

Yrka Technologies, LLC grants you a non-exclusive, non-transferable license to use database(s) accessible to you subject to these Terms and Conditions. The database(s) may be used only for viewing information or for extracting information to the extent described below.

You agree to use information obtained from Yrka Technologies, LLC’s databases only for your own private use or the internal purposes of your home or business, provided that is not the selling or broking of information, and in no event cause or permit to be published, printed, downloaded, transmitted, distributed, reengineered, or reproduced in any form any part of the databases (whether directly or in condensed, selective or tabulated form) whether for resale, republishing, redistribution, viewing, or otherwise.

Nevertheless, you may on an occasional limited basis download or print out individual pages of information that have been individually selected, to meet a specific, identifiable need for information which is for your personal use only, or is for use in your business only internally, on a confidential basis. You may make such limited number of duplicates of any output, both in machine-readable or hard copy form, as may be reasonable for these purposes only. Nothing herein shall authorize you to create any database, directory or hard copy publication of or from the databases, whether for internal or external distribution or use.

Liability

The materials in this site are provided “as is” and without warranties of any kind either express or implied. Yrka Technologies, LLC disclaims all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose. Yrka Technologies, LLC does not warrant that the functions contained in the materials 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. Yrka Technologies, LLC does not warrant or make any representations regarding the use or the results of the use of the materials in this site in terms of their correctness, accuracy, reliability, or otherwise. You (and not Yrka Technologies, LLC assume the entire cost of all necessary servicing, repair or correction. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to you.

Under no circumstances, including, but not limited to, negligence, shall Yrka Technologies, LLC be liable for any special or consequential damages that result from the use of, or the inability to use, the materials in this site, even if Yrka Technologies, LLC or a Yrka Technologies, LLC’s authorized representative has been advised of the possibility of such damages. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages, so the above limitation or exclusion may not apply to you. In no event shall Yrka Technologies, LLC’s total liability to you for all damages, losses, and causes of action (whether in contract, tort, including but not limited to, negligence or otherwise) exceed the amount paid by you, if any, for accessing this site.

Facts and information at this website are believed to be accurate at the time they were placed on the website. Changes may be made at any time without prior notice. All data provided on this website is to be used for information purposes only. The information contained on this website and pages within, is not intended to provide specific legal, financial or tax advice, or any other advice, whatsoever, for any individual or company and should not be relied upon in that regard. The services described on this website are only offered in jurisdictions where they may be legally offered. Information provided in our website is not all-inclusive, and is limited to information that is made available to Yrka Technologies, LLC and such information should not be relied upon as all-inclusive or accurate.

Links and Marks

The owner of this site is not necessarily affiliated with sites that may be linked to this site and is not responsible for their content. The linked sites are for your convenience only and you access them at your own risk. Links to other websites or references to products, services or publications other than those of Yrka Technologies, LLC and its subsidiaries and affiliates at this website, do not imply the endorsement or approval of such websites, products, services or publications by Yrka Technologies, LLC or it’s subsidiaries and affiliates.

Certain names, graphics, logos, icons, designs, words, titles or phrases at this website may constitute trade names, trademarks or service marks of Yrka Technologies, LLC or of other entities. The display of trademarks on this website does not imply that a license of any kind has been granted. Any unauthorized downloading, re-transmission, or other copying of modification of trademarks and/or the contents herein may be a violation of federal common law trademark and/or copyright laws and could subject the copier to legal action.

Confidentiality of Codes, Passwords and Information

You agree to treat as strictly private and confidential any Subscriber Code, username, user ID, or password which you may have received from Yrka Technologies, LLC, and all information to which you have access through password-protected areas of Yrka Technologies, LLC’s websites and will not cause or permit any such information to be communicated, copied or otherwise divulged to any other person whatsoever.

Other Legal Stuff

These Terms of Use will apply to every access to yrkatech.com, salesprotoceo.com, and erikcharlesrussell.com. Yrka Technologies, LLC reserves the right to issue revisions to these Terms of Use by publishing a revised version of this document on this site: that version will then apply to all use by you following the date of publication. Each access of information from Yrka Technologies, LLC will be a separate, discrete transaction based on the then prevailing terms.

This Terms of Use and the license granted may not be assigned or sublet by You without Yrka Technologies, LLC’s written consent in advance.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the State of New York, as it is applied to agreements entered into and to be performed entirely within such jurisdiction.

To the extent you have in any manner violated or threatened to violate Yrka Technologies, LLC and/or its affiliates’ intellectual property rights, Yrka Technologies, LLC and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court, and you consent to exclusive jurisdiction and venue in such courts.

Any other disputes will be resolved as follows:

If a dispute arises under this agreement, we agree to first try to resolve it with the help of a mutually agreed-upon mediator. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

If any provision of this agreement is void or unenforceable in whole or in part, the remaining provisions of this Agreement shall not be affected thereby.

WIFI TERMS & CONDITIONS

General

This WiFi Service is an Internet access service provided by Yrka Technologies, LLC which gives you with access to the Internet via a wireless access point (or points) (each a “Hotspot​“) utilizing one or more of the 802.11a/b/g/n protocols commonly referred to as “WiFi” (the “Service​“). These “Terms and Conditions” between you and Yrka Technologies, LLC set out duties and responsibilities associated with use of the Service. You are solely responsible for all access to and use of the Service including any breach of these Terms and Conditions by you or any user of your device. For the purposes of these Terms and Conditions, “you” means you and every person you authorize to use the Service. By accessing the Service, you agree to these Terms and Conditions and Yrka Technologies, LLC’s Privacy Policy. If you do not wish to be bound by these Terms and Conditions, you may not access or use the Service. Yrka Technologies, LLC may modify these Terms and Conditions at any time without your consent or authorization, including modification or termination of the Service, or any components thereof. Yrka Technologies, LLC will notify you of any changes to these Terms and Conditions by posting notice of the modified Terms and Conditions on the “Login” or “Intercept” page that is presented to you when you first access the Service from a “Hotspot”. You agree to periodically review the then-current Terms and Conditions and/or Privacy Policy in order to be aware of any modifications and your continued use of the Service shall be deemed to be your acceptance of the modified Terms and Conditions and/or Privacy Policy, as applicable. If you do not agree to any modification of these Terms and Conditions, you agree that you will be unable to use the Service.

Access

In order to access the Service, you must login to your Facebook or Twitter account using their respective “OAuth” authorization procedure, or by supplying your name and e-mail to Yrka Technologies, LLC, or, if available, as a guest and not supplying any additional information. By authorizing Yrka Technologies, LLC to access your Facebook account, you hereby grant Yrka Technologies, LLC access to certain information in your Facebook profile, including but not necessarily limited to: basic information including (but not limited to) age, birthdate, name, gender, location, email address; extended profile information including (but not limited to) events, check-ins, “likes”, interests, friends, friends of friends, groups, etc.; and, other information which the OAuth procedure allows Yrka Technologies, LLC to access. By authorizing Yrka Technologies, LLC to access your Twitter account, you hereby grant Yrka Technologies, LLC access to certain information in your Twitter profile, including but not necessarily limited to: screen name, name, location, profile picture; and, other information which the OAuth procedure allows Yrka Technologies, LLC to access. If at any point the information Yrka Technologies, LLC requires by your access necessitates a higher level of Facebook or Twitter profile access through OAuth authorization, these Terms and Conditions shall be amended accordingly and Yrka Technologies, LLC will notify you of said changes in the manner set forth above.

Furthermore, by agreeing to allow Yrka Technologies, LLC to access your Facebook or Twitter profile through the OAuth procedure, you hereby agree to any and all terms and conditions imposed on you by Facebook, Inc. or Twitter in connection with the OAuth procedure, your use of the Facebook or Twitter website and any and all sites and/or applications or other data or content in connection therewith.

Linking of MAC Address to Personally Identifiable Information.​ You understand and agree that by engaging in certain Identification Activities, you are permitting us to: a) store and access your Personally Identifiable Information; b) link your Personally Identifiable Information to the MAC address and your location, as offered by the device with which you access the Internet and/or our WiFi service; and, c) use your Personally Identifiable Information in such other ways which accord with the terms and conditions herein set forth.

Indemnity

You agree to indemnify and hold Yrka Technologies, LLC, its directors, officers, shareholders, affiliates, agents and suppliers harmless from all liabilities and expenses related to any violation of these Terms and Conditions by you or any user of your device, or in connection with your or their use of the Service. While using the Service, you may not post, transmit or otherwise distribute information constituting or encouraging conduct that would constitute a criminal offence or give rise to civil liability, or otherwise use the Service in a manner which is contrary to law or to Yrka Technologies, LLC’s then-current policies or would serve to restrict or inhibit any other user from using or enjoying the Service or the Internet. Without limiting the foregoing, you agree not to use the Service for any commercial purpose not otherwise permitted by these Terms and Conditions.

Acceptable Use Policy

You are responsible for your use of the Services. You shall not use or allow others to use the Service if such use:

– is for, or results in, any illegal, abusive, annoying or offensive activities, including making available offensive content, the commission or encouragement of a criminal offence, stalking, harassment, spamming, disrupting or interfering with the Internet, any network, computers, or other devices, transmission of a virus or other harmful component, defamation, intellectual property infringement, or interference with other clients’ service;

– consumes excessive network capacity in Yrka Technologies, LLC’s reasonable opinion, or causes its network, or its ability to provide services to others, to be adversely affected;

– is for multi-media streaming, continuous data transmission or broadcasts, automatic data feeds, automated machine to machine connections or peer-to-peer (P2P) file sharing, voice over Internet protocol or any other application that is not made available to you by Yrka Technologies, LLC which uses excessive network capacity;

– is to provide a substitute or back-up for private lines or dedicated data connections such as DSL;or

– is to operate any server system (including email, web, or other kind of server).

You shall not threaten abuse or harass any Yrka Technologies, LLC employee or representative. You shall not (a) commit, attempt to commit, or allow others to commit or attempt to commit, any fraud against Yrka Technologies, LLC including fraudulently obtaining Services, or (b) transform outbound communications into incoming communications or otherwise attempt to avoid applicable charges, or (c) otherwise abuse the Service or allow others to do any of the foregoing. You shall not resell, transfer, distribute, share or exploit for commercial purposes any Service. You must follow all other service and security regulations issued or adopted by Yrka Technologies, LLC. Yrka Technologies, LLC reserves the right to limit or lockout your use should such use be in contravention of these Terms and Conditions. In addition, Yrka Technologies, LLC, and the owner or proprietor of the site at which the Services are being offered at your time of access to the Services and/or a Hotspot (collectively, the “Service Provider(s)​“) each reserve the right to limit or restrict your usage or the speeds at which you receive the Service at their discretion.

Service Availability

The Service is only available where Hotspot facilities exist. Yrka Technologies, LLC assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to the unavailability of the Service in your geographical area, in particular, due to changes in the location and configuration of Hotspots.

Performance Levels

Yrka Technologies, LLC does not guarantee the performance of the Service. You understand that any content that you may access through the Service may be subject to network management in order to ensure that all users of the Services receive reasonable access to the Services.

Security & Privacy

Yrka Technologies, LLC respects your privacy and protects your private information according to its Privacy Policy. Notwithstanding the foregoing, Yrka Technologies, LLC will not be responsible for any corrupted files or viruses which affect the user of the Service. It is your responsibility to safeguard your system, through appropriate means (e.g. using commercially available software), from theft, unauthorized use or system corruption. Any detriment caused to the network as a result of your failure to properly secure your system may result in the immediate termination of your access to the Service. Yrka Technologies, LLC does not ensure or guarantee privacy for users of the Service. Any such use shall be at your sole risk and Yrka Technologies, LLC, its affiliates and its agents shall be relieved from all liability in connection therewith. Hotspots represent additional security risks as compared with wired Internet connection because access to your compatible device is possible without being physically connected to your device, therefore, it is strongly recommended that you (and it is your responsibility to) ensure that the configuration of your device is secure. In order to work with the widest variety of devices, you acknowledge that the Hotspots do not provide any level of encryption (such as WEP, WPA or other encryption and authentication mechanisms).

Service Bandwidth Resale or Redistribution Prohibited

Resale or redistribution of bandwidth or any other part of the Service for any purpose is strictly forbidden. Failure to comply with this condition will result in immediate cancellation of access to the Services.

IP Address / Host Name

Any IP address assigned to you by Yrka Technologies, LLC is the property of Yrka Technologies, LLC at all times. IP addresses may change each time you access at Hotspot, or anytime at the discretion of Yrka Technologies, LLC without prior notice to you. Yrka Technologies, LLC assumes no liability whatsoever for any claims, damages, losses or expenses arising out of or otherwise relating to any change in IP Addressing.

User Information

Your messages may be the subject of unauthorized third party interception and review. An individual with Internet access can cause damage, incur expenses and enter into contractual obligations while on the Internet. All such matters are your responsibility. Yrka Technologies, LLC has no obligation to monitor the Service. However, you agree that Yrka Technologies, LLC reserves the right to monitor the Service electronically from time to time and to disclose any information necessary to satisfy any laws, regulations or other governmental request or as necessary to operate the Service or to protect itself or others.

No Liability For Content

Be aware that some content, products or services (“Content​“) available with or through the Service may be offensive to you or may not comply with applicable laws where you access the Services. You understand that neither Yrka Technologies, LLC nor any of its affiliates attempt to censor or monitor any such Content. You assume total responsibility and risk for access to or use of such Content and for use of the Internet. Yrka Technologies, LLC and its affiliates assume no liability whatsoever for any claims or losses arising out of or otherwise relating to access to or use of such Content.

Limited Warranty

The Service is provided by Yrka Technologies, LLC on an “as is” and “as available” without warranties or conditions of any kind. You are responsible for the use and compatibility of the Service with any equipment, software, services and/or other materials not provided by Yrka Technologies, LLC (“Third Party Equipment and Services​“). Yrka Technologies, LLC disclaims all responsibility for determining compatibility between the Service and any Third Party Provided Equipment and Services. Neither Yrka Technologies, LLC, its affiliates, agents and/or suppliers warrant the performance, availability, uninterrupted use or operation of the Service or any deliverable provided under these Terms and Conditions. The entire risk as to the availability, quality and performance of the Service or any deliverable provided under these Terms and Conditions is with you. YOUR SERVICE PROVIDER(S) MAKES NO EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND WHATSOEVER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE OR NON-INFRINGEMENT, OR IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, WITH REGARD TO THE SERVICE, HARDWARE, SOFTWARE OR ANY OTHER DELIVERABLES PROVIDED HEREUNDER, OR ANY MERCHANDISE, INFORMATION, CONTENT OR SERVICE PROVIDED ON THE INTERNET AND ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED ARE, TO THE EXTENT PERMITTED BY APPLICABLE LAW, HEREBY EXCLUDED.

Limitation of Liability

In the event of any breach by Yrka Technologies, LLC, its affiliates, suppliers, or agents, including any breach of a fundamental term of these Terms and Conditions or any negligence, your exclusive remedy shall be to terminate your access to the Services. Other than the foregoing remedy, under no circumstances shall Yrka Technologies, LLC, its affiliates or its agents be liable to you or any third party for: (i) any direct, indirect, special, or consequential damages, including, without limitation, loss of profits and loss of business opportunities that result in any way from these Terms and Conditions, including your use of the Service or access to the Internet, Content or any part thereof, or your reliance on or use of information, services or merchandise provided on or through the Service, or that result from mistakes, omissions, interruptions, deletion or corruption of data, information or files, errors, defects, delays in preparations, or transmission, or failure of performance, or (ii) any losses or expenses (including legal fees) arising out of, or in connection with any allegation, claim, suit or other proceeding based upon a contention that the use of the Service by you or a third party through your account infringes the intellectual property rights or contractual rights of any third party.

User Suspension

These Terms and Conditions may be terminated by you by ceasing to utilize the Services. Yrka Technologies, LLC may suspend or restrict the Service, at any time without notice, or terminate these Terms and Conditions, including your right to access or use the Service, at any time if: (i) the operation or efficiency of the Service is impaired by your use of the Service; or (ii) you have breached of any term or condition of these Terms and Conditions. Yrka Technologies, LLC shall have no responsibility to notify any third party providers of services, merchandise or information of such termination or suspension. Any termination of your right to use and/or access the Service and/or these Terms and Conditions shall not relieve you from any liability accruing hereunder prior to the time that such termination becomes effective.

Third Party Beneficiary

The Service Provider(s) are third party beneficiaries of these Terms and Conditions and as such are entitled to its protections and may enforce the rights afforded by these Terms and Conditions.

Miscellaneous

These Terms and Conditions and all documents and policies referenced herein, constitute the entire agreement and understanding between Yrka Technologies, LLC and you pertaining to the subject matter hereof and shall supersede and replace all prior agreements, understandings and representations, written or oral, regarding such subject matter. Failure by Yrka Technologies, LLC 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. If any of the provisions contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions contained herein. Where any provision of these Terms and Conditions conflicts with an applicable tariff, the tariff shall supersede these Terms and Conditions only in respect of the conflicting provision. These Terms and Conditions shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein. Yrka Technologies, LLC may assign its rights and obligations under these Terms and Conditions to any affiliated entity without your prior written consent. You may not assign or transfer these Terms and Conditions. In no event shall Yrka Technologies, LLC be liable for any failure to comply with these Terms and Conditions if such failure results from any condition or event beyond the reasonable control of Yrka Technologies, LLC, including, but not limited to, fire, flood, earthquake, any elements of nature or acts of God, theft, riot, strike or other labour disturbance, power failure or war.

Termination

These Terms of Use agreement are effective until terminated by either party. You may terminate this agreement at any time by destroying all materials obtained from any and all Yrka Tech site(s) and all related documentation and all copies and installations thereof, whether made under the terms of this agreement or otherwise. This agreement will terminate immediately without notice at Yrka Technologies, LLC’s sole discretion, should you fail to comply with any term or provision of this agreement. Upon termination, you must destroy all materials obtained from this site and any and all other yrkatech.com, salesprotoceo.com, and erikcharlesrussell.com site(s) and all copies thereof, whether made under the terms of this agreement or otherwise.

About Us

Yrka Technologies, LLC is a trailblazer in mobile marketing technology for small businesses. Our software helps your business drive in store visits, increase repeat traffic, and engage with consumers like nothing else.

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