Terms of Use (DRAFT – attorney review)

This document is a draft for attorney review. It is not in effect, is not a contract, and is not legal advice. It describes how Latitude 65 Technologies LLC, an Alaska limited liability company ("Latitude 65," "we," "us"), intends to operate YayNo™ ("YayNo," the "service") at getyayno.com and in related mobile applications. A lawyer must rewrite and approve this before any public launch.

By creating an account or posting a review, you agree to these terms once they are in effect. If you do not agree, do not use the service.

Who we are

YayNo is a verified-customer review platform. It is intended to be a nationwide service. The operator is Latitude 65 Technologies LLC. Contact details for legal notices will be published here before launch (address, email, and, if appointed, a registered DMCA agent).

Eligibility and age

YayNo is for people who are at least 13 years old. If you are under 13, do not create an account or submit personal information. If you are between 13 and 17, you may use the service only with a parent or guardian's permission, to the extent applicable law requires it. Counsel should confirm whether a higher age (16 or 18) should apply in some places.

You must provide accurate account information and keep your password confidential. One person may hold one personal account.

Who can post a review

• Only people who show they were customers may post a review, through an onsite QR scan, a confirmed receipt, invoice or contract, or a single-use link from the business.
• One review per business every 90 days, and you can update it after that (period subject to change and to counsel's review).
• You may not review a business you own, work for, or compete with, or one where you have any other material connection, except as the Content & Review Guidelines allow with disclosure. On YayNo, owners and staff cannot review their own business.
• Reviews must be your own honest experience. If you received any incentive, you must disclose it. Incentives may not be tied to a particular rating.

Asking a business for a quote

Some listings let you request a quote or send a question. That form is not a review. Sending it does not verify you as a customer and does not let you post a verified review. If the business accepts, YayNo sends them the name, email, phone number, and message you entered. The form says this before you submit. If you include a phone number, you are asked to agree that the business may call or text you about that request only. A lawyer still needs to review calling, texting (TCPA), and marketing email (CAN-SPAM) rules before this is live.

Your content

• You keep ownership of what you write and of photos you upload.
• You grant Latitude 65 a worldwide, non-exclusive, royalty-free license to host, display, reproduce, adapt for formatting, and distribute that content on the service and in reasonable promotional excerpts (for example a "Most Yayed" highlight), for as long as the content remains on the service.
• You represent that your content is accurate to your knowledge, is your own experience, and does not violate the law or these terms.
• Only you can remove a review you wrote. You can withdraw it, or ask us to remove it, from your account. A business, a claimed listing, or any other user cannot remove it, hide it, or ask us to remove it.
• We may remove or refuse content that breaks the Content & Review Guidelines or the law, or that a court order or a valid DMCA notice requires us to take down. We do not edit the words of a review. Honest negative reviews are not removed because a business asks, and businesses cannot pay to remove, hide, or reorder reviews. See the Business Terms and the FTC Consumer Reviews and Testimonials Rule, 16 CFR Part 465.

Businesses

• A business can post a public response and can file a policy dispute. A dispute needs a category and an explanation, and it only places the review in our moderation queue. It does not hide or remove the review. We notify the business of the outcome.
• The author of a disputed review is notified, and can respond or edit. If they do neither, the review stays up. A passed response window is not a takedown.

Platform role and Section 230

Reviews are the opinions of their authors, not of Latitude 65. Verification shows that someone was a customer. It does not confirm every statement they make. Latitude 65 is a provider of an interactive computer service and, consistent with 47 U.S.C. § 230, is not the speaker or publisher of user content. We do not edit reviews to change their meaning. Counsel must confirm the final wording of this section.

Proof documents and identity documents

Receipts, invoices, contracts, and government-ID images are used only to verify a review or a business claim, to prevent fraud, and to handle disputes. They are never posted publicly. See the Privacy Policy for retention periods and access rules.

Business accounts

If you claim or manage a business listing, the Business Terms also apply. Paid tools, if offered, never change ratings or which reviews are shown.

Account deletion and data rights

You may request deletion of your account from your account page, or by emailing the contact address published before launch. Published reviews may be retained in de-identified form ("Deleted user") unless you also ask us to withdraw them and we can do so consistent with the law and these terms. Privacy rights under state law are described in the Privacy Policy.

Acceptable use

You may not: create fake accounts or fake reviews; scrape the service in a way that overloads it or evades technical limits; probe for vulnerabilities except under the Security Policy; post illegal content, malware, or another person's private information; interfere with verification or QR codes; or use the service to threaten or harass.

Disclaimers and liability

THE SERVICE IS PROVIDED "AS IS." TO THE FULLEST EXTENT THE LAW ALLOWS, LATITUDE 65 DISCLAIMS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Counsel must draft a limitation of liability, indemnification, and any dispute-resolution clause (including whether disputes are heard in Alaska courts, and whether arbitration or a class-action waiver is appropriate). Those clauses are intentionally not included in this draft so they can be written by a lawyer.

Governing law

Counsel should confirm that Alaska law will govern, without regard to conflict-of-law rules, and should confirm the forum for disputes.

Changes

We may update these terms. Once they are in effect, we will post the new version and, for material changes, provide additional notice where the law requires it.

Contact

Legal notices: to be designated before launch. Until then, this draft is not an invitation to send formal legal process to an unpublished address.

Other drafts: Terms of Use · Privacy Policy · Content & Review Guidelines · Content & Review Guidelines · Business Terms · Founding 1,000 terms · Refunds · Legal Takedown & Dispute Process · DMCA Policy