YAHOO SHOPPING TERMS & CONDITIONS

THESE TERMS CONTAIN LIMITATIONS OF OUR LIABILITY IN SECTION 3.a.

U.S. USERS: THESE TERMS CONTAIN A BINDING ARBITRATION AGREEMENT AND CLASS ACTION AND JURY TRIAL WAIVER CLAUSES IN SECTION 3 BELOW, WHICH ARE APPLICABLE TO ALL U.S. USERS.

ACCEPTANCE OF TERMS & CONDITIONS.

These Yahoo Shopping Terms & Conditions (“Shopping Terms”) set forth the additional terms and conditions that apply to your use of Yahoo Shopping, located at https://shopping.yahoo.com, including when Yahoo Shopping features may be used across the Yahoo network (“Yahoo Shopping”).  Use of Yahoo Shopping is also subject to the Yahoo Terms of Service located at /us/en/yahoo/terms/otos/index.html and the Yahoo Privacy Policy located at /us/en/yahoo/privacy/index.html. Together, Shopping Terms and all applicable terms, conditions, and policies referenced in this paragraph or incorporated therein constitute the “Agreement” for purposes of Yahoo Shopping. By using or participating in Yahoo Shopping, you agree to the terms of the Agreement.

Yahoo reserves the right to update and change, at any time without notice to you, this Agreement including all documents incorporated by reference. You can find the most recent version of these Shopping Terms at /us/en/yahoo/terms/product-atos/shopping/index.html and the most recent versions of the Yahoo Terms of Service and the Yahoo Privacy Policy at the URLs listed above. You should check these documents regularly for any updates. Your continued use of Yahoo Shopping and the rest of the Yahoo network, including any of its features, will constitute acceptance of any modified terms. In the event of any conflict or inconsistency between these Shopping Terms and the Yahoo Terms of Service incorporated herein, these Shopping Terms will prevail, govern, and control with respect to any matters pertaining to Yahoo Shopping and the Yahoo Terms of Service will prevail, govern, and control with respect to all other matters.  

As used herein, “Yahoo” shall refer to Yahoo Inc. and its affiliates and may be referred to herein as “we,” “us,” and “our.”  References to “you” and “your” in these Shopping Terms mean you, the user accessing Yahoo Shopping.

1. Overview of Yahoo Shopping

   1. Yahoo Shopping is a destination brought to you by Yahoo dedicated to inspiring and informing our users. If you see an item on Yahoo Shopping that you want to purchase, you will be directed to a third party merchant site to make your purchase. You cannot buy the items you see on Yahoo Shopping directly from Yahoo, but Yahoo may receive a share of revenue from purchases you make via links from our pages. You may be able to compare prices, view promotions, shop by category, read editors’ recommendations and product reviews, and more, in some cases subject to availability and eligibility. Some of the features on Yahoo Shopping may require you to login with a Yahoo account. Yahoo accounts are free and can be obtained by signing up here.

   2. Key Features on Yahoo Shopping

      1. Price Comparison: Yahoo Shopping displays price comparisons of specific items across select merchants, which should help you to identify the lowest price from those merchants. There may be a limit to the number of price comparisons that are displayed on Yahoo Shopping. Yahoo Shopping receives regular, but not immediate, updates on changes to product information, including details like price, from third parties. The prices and other information shown on Yahoo Shopping may not be the most current with what is available on the market and results may vary.

      2. Deals: Yahoo Shopping displays information about merchant promotions, which may include discount codes or timelines for any such promotions. Yahoo does not guarantee the accuracy, availability, or validity of information such as discount codes and promotion timelines, which Yahoo receives from third parties. Additional terms and conditions may apply to your use of discount codes or promotions. Any discounts and promotions offered are subject to cancellation.

2. Third Party Merchants on Yahoo Shopping

   1. Products and services shown on Yahoo Shopping are only available for purchase, if at all, from third party merchants on their respective sites. Yahoo does not endorse any third party merchant and it does not endorse, warrant, or guarantee the products or services available through any third party merchant or your dealings with any third party merchant. Purchases made from third party merchants are subject to their applicable terms and conditions, including their privacy policies. Yahoo reserves the right to remove any third party merchant, as well as any or all of their products and services, from Yahoo Shopping.

   2. Yahoo receives information such as (without limitation) product description, pricing, merchant promotions and timelines, product availability, product images, and similar information from third parties. Yahoo does not guarantee the completeness, accuracy, or timeliness of any such information.

   3. Third party merchants are responsible for all fulfillment of purchased products and services (including, without limitation, shipping, returns, and exchanges). Third party merchants are responsible for charging, collecting, and remitting all applicable sales, use, excise, VAT, and other similar taxes or shipping and handling costs that arise out of your orders and those costs may not be reflected in the price displayed on the Yahoo network.

   4. Third party merchants are responsible for all customer service related to any products and services for sale and any purchases. For questions about any products or services for sale, or any orders you placed with a merchant linked to by Yahoo, please contact the merchant directly. Additionally, please contact the merchant for customer service related to the applicable purchase, fulfillment, fraud and any claims, refunds, chargebacks, reversals, or unauthorized charges.

   5. Without limitation to any terms set forth in this Agreement, Yahoo Entities (as defined in the Yahoo Terms of Service) shall not have and hereby disclaim any and all liability or responsibility for any products or services that you purchase from a third party merchant. 

3. General Terms.

   1. LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE AND UNDERSTAND THAT YAHOO ENTITIES WILL NOT BE LIABLE FOR: ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, TREBLE OR OTHER MULTIPLES OF DAMAGES, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY PRODUCTS OR SERVICES YOU PURCHASE. YAHOO ENTITIES ARE NOT RESPONSIBLE FOR ANY LOST PROFITS, LOST REVENUES, LOST BUSINESS OPPORTUNITIES, DIMINUTION IN VALUE, INCLUDING ANY ALLEGED LOSS OR DIMINUTION IN VALUE OF PERSONAL INFORMATION, OR ANY OTHER LOSSES (COLLECTIVELY, “LOSSES”) ARISING FROM OR IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING, BUT NOT LIMITED TO, LOSSES RESULTING FROM OR IN CONNECTION WITH: THE DELETION OF, ALTERATION OF, MIS-DELIVERY OF, OR FAILURE TO STORE DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; THE LIMITING, SUSPENSION OR TERMINATION OF YOUR ACCOUNT; YOUR DOWNLOADING OR SHARING OF INFORMATION, INCLUDING PERSONAL INFORMATION, VIA THE SERVICES; THE UNAUTHORIZED ACCESS TO YOUR ACCOUNT OR ANY DATA MAINTAINED OR TRANSMITTED BY THE SERVICES; LINKS PROVIDED BY THE SERVICES OR THIRD PARTIES TO EXTERNAL SITES OR RESOURCES; YOUR DEALINGS WITH OR PARTICIPATION IN PROMOTIONS OF ADVERTISERS OR THIRD PARTIES FOUND ON OR THROUGH THE SERVICES; OR ANY GOODS OR SERVICES SOLD BY SUCH ADVERTISERS OR THIRD PARTIES. YAHOO ENTITIES WILL NOT BE LIABLE FOR PROBLEMS CAUSED BY OTHERS, THE WRONGFUL OR UNLAWFUL ACTIONS OF THIRD PARTIES, OR AN ACT OF GOD. THE LIMITATIONS AND EXCLUSIONS IN THIS AGREEMENT  WILL APPLY WHETHER OR NOT YAHOO HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY LOSSES ARISING.

      TO THE FULLEST EXTENT PERMITTED BY LAW AND EXCEPT AS OTHERWISE STATED IN THIS SECTION 3, YAHOO ENTITIES ARE NOT LIABLE IN CONNECTION WITH ANY DISPUTES THAT ARISE OUT OF OR RELATE TO THIS AGREEMENT OR SERVICES FOR ANY AMOUNT GREATER THAN THE AMOUNT YOU PAID TO US FOR THE SERVICES, WHICH DOES NOT INCLUDE ANY AMOUNTS PAID TO THIRD PARTY MERCHANTS.

   2. BINDING ARBITRATION AGREEMENT. AGREEMENT TO ARBITRATE FOR U.S. USERS. EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION 3.b., YOU AND WE BOTH AGREE TO RESOLVE ANY AND ALL DISPUTES, CONTROVERSIES OR CLAIMS THAT IN ANY WAY ARISE OUT OF OR RELATE TO THIS AGREEMENT OR FROM ANY SERVICES YOU RECEIVE FROM US (OR FROM ANY ADVERTISING FOR ANY SUCH SERVICES), INCLUDING ANY DISPUTES BETWEEN YOU AND OUR EMPLOYEES OR AGENTS (“DISPUTE(S)”), ONLY BY ARBITRATION ON AN INDIVIDUAL BASIS OR IN SMALL CLAIMS COURT. YOU UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT, ARBITRATION OR A SMALL CLAIMS ACTION WILL BE THE SOLE AND EXCLUSIVE MEANS OF RESOLVING ANY DISPUTE BETWEEN US. YOU ALSO UNDERSTAND THAT BY AGREEING TO THIS AGREEMENT, YOU AND WE ARE GIVING UP THE RIGHT TO BRING A CLAIM IN COURT OR IN FRONT OF A JURY (EXCEPT FOR MATTERS THAT MAY BE BROUGHT IN SMALL CLAIMS COURT), AND THAT YOU AND WE ARE GIVING UP THE RIGHT TO PROCEED WITH ANY CLASS ACTION OR OTHER REPRESENTATIVE ACTION. WHILE ARBITRATION PROCEDURES MAY BE DIFFERENT THAN COURT PROCEDURES, AN ARBITRATOR CAN AWARD YOU INDIVIDUALLY THE SAME DAMAGES AND RELIEF AS A COURT, AND JUDGMENT ON THE AWARD RENDERED BY THE ARBITRATOR MAY BE ENTERED AND ENFORCED IN ANY COURT HAVING JURISDICTION THEREOF. THE PARTIES UNDERSTAND THAT ABSENT THIS MANDATORY PROVISION, THEY WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. THEY FURTHER UNDERSTAND THAT, IN SOME INSTANCES, THE COSTS OF ARBITRATION COULD EXCEED THE COSTS OF LITIGATION AND THE RIGHT TO DISCOVERY MAY BE MORE LIMITED IN ARBITRATION THAN IN COURT. We also both agree that:

      1. Notice of Dispute. If either you or we intend to arbitrate under this Agreement, the party seeking arbitration must first notify the other party of the Dispute in writing at least 30 days in advance of initiating the arbitration. Notice to us should be sent either by mail to Yahoo, Attn: Disputes, 770 Broadway, New York, NY 10003, USA; or disputes@yahooinc.com. Notice to you will be to your email address(es) and street address(es), if any, that we have in our records at the time the notice is sent. The notice must describe the nature of the claim and the relief being sought. If we are unable to resolve the Dispute within 30 days, either party may then proceed to file a claim for arbitration.

      2. Arbitration Procedure. The Federal Arbitration Act applies to this Agreement. Except for small claims court cases, any and all Disputes will be resolved by arbitration administered by the American Arbitration Association ("AAA"). The AAA will apply the Commercial Arbitration Rules to the arbitration of any Dispute pursuant to this Agreement, unless you are an individual and use the Services for personal or household use, in which case the AAA's Consumer Arbitration Rules will apply (excluding any rules or procedures governing or permitting class actions). You can get procedures (including the process for beginning an arbitration), rules and fee information from the AAA (www.adr.org). This Agreement governs to the extent they conflict with the AAA’s Commercial Arbitration Rules or Consumer Arbitration Rules.

      3. Small Claims Court Option. As an alternative to arbitration, you may bring an individual action in small claims court in your county of residence (or if a business, your principal place of business) or Santa Clara County, California provided that your Dispute meets the requirements of the small claims court.

      4. Arbitration Location. Unless you and we agree otherwise, the arbitration must take place, or the small claims action must be filed, in the county of your primary residence or Santa Clara County, California.

      5. Arbitration Fees and Expenses. We will reimburse any filing fee that the AAA charges you for arbitration of the Dispute. If you provide us with signed written notice that you cannot pay the filing fee, we will pay the fee directly to the AAA. If the arbitration proceeds, we will also pay any administrative and arbitrator fees charged later.

      6. Settlement Offers. We may, but are not obligated to, make a written settlement offer anytime before or during arbitration. The amount or terms of any settlement offer may not be disclosed to the arbitrator unless and until the arbitrator issues an award on the claim. If you do not accept the offer and the arbitrator awards you an amount of money that is more than our offer but less than $5,000, we agree to: (a) pay you $5,000 instead of the lower amount awarded, (b) pay your reasonable attorney’s fees and costs, and (c) reimburse any arbitration filing fees and arbitrator fees and expenses incurred in connection with the arbitration of your Dispute. If the arbitrator awards you more than $5,000 and we are not challenging the award, then we will pay you the amount of the award.

      7. Severability. If any part of this agreement to arbitrate is found by a court of competent jurisdiction to be unenforceable, the court will reform the agreement to the extent necessary to cure the unenforceable part(s), and the parties will arbitrate their Dispute(s) without reference to or reliance upon the unenforceable part(s). However, if for any reason the Class Action Waiver set forth below in Subsection 3.c cannot be enforced as to some or all of the Dispute, then the agreement to arbitrate will not apply to that Dispute or portion thereof. Any Disputes covered by any deemed unenforceable Class Action Waiver provision may only be litigated in a court of competent jurisdiction, but the remainder of the agreement to arbitrate will be binding and enforceable. To avoid any doubt or uncertainty, the parties do not agree to class arbitration or to the arbitration of any claims brought on behalf of others.

   3. CLASS ACTION WAIVER FOR U.S. USERS. THIS AGREEMENT DOES NOT ALLOW CLASS OR COLLECTIVE ARBITRATIONS, EVEN IF THE AAA PROCEDURES OR RULES WOULD. NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE ARBITRATOR MAY AWARD MONEY OR INJUNCTIVE RELIEF ONLY IN FAVOR OF THE INDIVIDUAL PARTY SEEKING RELIEF AND ONLY TO THE EXTENT NECESSARY TO PROVIDE THE RELIEF WARRANTED BY THAT PARTY'S INDIVIDUAL CLAIM. ARBITRATION OR COURT PROCEEDINGS HELD UNDER THIS AGREEMENT CANNOT BE BROUGHT, MAINTAINED OR RESOLVED ON BEHALF OF OR BY A CLASS, AS A PRIVATE ATTORNEY-GENERAL, OR IN ANY OTHER REPRESENTATIVE CAPACITY. IN ADDITION, INDIVIDUAL PROCEEDINGS CANNOT BE COMBINED WITHOUT THE CONSENT OF ALL OF THE PARTIES. ANY QUESTION REGARDING THE ENFORCEABILITY OR INTERPRETATION OF THIS PARAGRAPH WILL BE DECIDED BY A COURT AND NOT THE ARBITRATOR.

   4. JURY TRIAL WAIVER FOR U.S. USERS. IF FOR ANY REASON A DISPUTE PROCEEDS IN COURT RATHER THAN THROUGH ARBITRATION, YOU AND WE AGREE THAT THERE WILL NOT BE A JURY TRIAL. YOU AND WE UNCONDITIONALLY WAIVE ANY RIGHT TO TRIAL BY JURY IN ANY ACTION, PROCEEDING OR COUNTERCLAIM IN ANY WAY ARISING OUT OF OR RELATING TO THIS AGREEMENT. IN THE EVENT OF LITIGATION, THIS PARAGRAPH MAY BE FILED TO SHOW A WRITTEN CONSENT TO A TRIAL BY THE COURT.

Last updated: September 2024