Yelp Elite Squad Terms

Last Updated on October 12, 2023

Welcome! These terms and conditions (the “Elite Terms”) govern your membership in the Yelp Elite Squad. As used throughout these Elite Terms, the terms “we”, “us”, “our”, and “Yelp” refer to Yelp Inc., a Delaware corporation with its headquarters at 350 Mission Street, 10th Floor, San Francisco, California, 94105. The term “Site” refers to Yelp’s websites and mobile applications, and the term “Yelp Event” means an event, party, gathering, promotion, contest, giveaway, meet-up or similar experience that is organized or hosted by Yelp.

PLEASE NOTE: THESE ELITE TERMS INCLUDE DISPUTE RESOLUTION PROVISIONS (SEE SECTION 7) THAT, WITH LIMITED EXCEPTIONS, REQUIRE THAT: (1) CLAIMS YOU BRING AGAINST YELP BE RESOLVED BY BINDING, INDIVIDUAL ARBITRATION, AND (2) YOU WAIVE YOUR RIGHT TO BRING OR PARTICIPATE IN ANY CLASS, GROUP, OR REPRESENTATIVE ACTION OR PROCEEDING.

By accepting, maintaining or renewing membership in the Yelp Elite Squad, you are agreeing to these Elite Terms.

1. QUALIFICATIONS
You represent that you: (a) are at least 21 years old (or otherwise over the legal drinking age in your jurisdiction), (b) have the requisite power and authority to enter into these Elite Terms, and (c) have read, understood and agreed to Yelp’s Terms of Service, Content Guidelines, and Event Terms and Conditions, all of which are incorporated by reference as if fully set forth herein.

You are required to use your real name as well as post a real (and clear) photo of your face on your Yelp profile page. As an Elite Squad member, we expect you to abide by these Elite Terms and to uphold high standards of decency and honesty on and off the Site.

Business owners and individuals closely affiliated with the management or ownership of a business (e.g., the spouse or partner of a business owner, the general manager or social media manager of a business, etc.) and individuals who work for a Non-Eligible Business (as defined below) cannot join the Yelp Elite Squad. If you currently or in the future fall within one of these categories and are therefore ineligible to be a Yelp Elite Squad member, you are required to let us know immediately by emailing feedback@yelp.com. A “Non-Eligible Business” includes any business that operates or offers local search or local review products, features, services or platforms, and any reputation management or review management businesses. Yelp reserves the right to determine, in its sole discretion, whether any particular work qualifies as work for a Non-Eligible Business or whether any particular business qualifies as a Non-Eligible Business.

2. REVIEWS AND OTHER CONTRIBUTIONS
You acknowledge and agree that:

- You are solely responsible for what you post on the Site;

- Your reviews and other contributions are not submitted on behalf of or at the direction of Yelp or anyone else;

- You will not post reviews as a result of being solicited by a business;

- You will not solicit (i.e., ask other Yelp users to post) reviews for any business;

- You will not accept any form of compensation (e.g., free goods or services, discounts, gift cards, contest entries, or any other incentive) in exchange for posting a review on the Site; and

- You will not offer or accept compensation to remove or modify reviews that you have posted on the Site.

Accepting any form of compensation in exchange for posting a review on the Site is prohibited by Yelp’s Terms of Service and will result in revocation of your Elite status, closure of your Yelp account, and/or potentially other repercussions.

3. YELP EVENTS
By attending or participating in a Yelp Event, you agree to abide by Yelp’s Event Terms and Conditions.

Because Yelp Events typically provide event guests with complimentary and/or special access to goods, services, and experiences, guests are prohibited from posting reviews, photos, and other content related to the Yelp Event on a participating business’s Yelp page. Instead, guests are welcome to post such content on the separate Yelp page created specifically for the Yelp Event.

4. PHOTOS AND VIDEO
Yelp and its event sponsors and vendors sometimes create photos and videos (“Media”) at Yelp Events, and later use the Media for promotional purposes. If you attend a Yelp Event, you may appear in such Media and your attendance constitutes your consent to its use in this manner. Similarly, if you create your own Media at a Yelp Event and provide it to us, you grant us a world-wide, perpetual, non-exclusive, royalty-free, assignable, sublicensable, transferable license to use that Media, and further represent that any attendees that appear in your Media have consented to such use. To the extent that an individual who appears in your Media is under the age of 18, you represent that you have obtained consent from that individual’s parent and/or legal guardian to provide the Media to Yelp and for Yelp and its event sponsors and vendors to use it as set forth in this paragraph.

5. ASSUMPTION OF RISK, RELEASE OF LIABILITY, AND INDEMNITY
(a) Assumption of Risk. During the course of your membership and participation in the Yelp Elite Squad, including at Yelp Events, accidents or other things can happen. We ask that you do your part to help limit the possibility that you or someone else might get injured. You agree to carefully consider the inherent risks in any activities that you choose to take part in and to take reasonable precautions before you choose to attend any event or participate in any activity related to the Yelp Elite Squad. For example, you should ensure that you are in good physical health before engaging in any physical activity at a Yelp Event, and you should always drink responsibly given the risks associated with drinking and participating in activities while your judgment may be impaired. Note too that other Elite Squad members and/or Yelp Event guests may themselves create risk to you despite their best intentions. Further, you understand that in addition to Yelp Events, you may from time to time be invited to participate in events that are organized by other members of the Yelp Elite Squad, or other Yelp users, but which are not organized or hosted by Yelp. If you choose to attend such non-Yelp events, you understand that Yelp is not responsible for any injuries or accidents that you might sustain.

You understand that your attendance and participation at Yelp Events and/or non-Yelp events is voluntary, and you agree to assume responsibility for any resulting injuries to the fullest extent permitted under applicable law.

(b) Release of Liability. You (for yourself, your heirs, personal representatives, or assigns, and anyone else who might make a claim on your behalf) hereby release, waive, discharge, and covenant not to sue Yelp and its respective parent companies, subsidiaries, affiliates, officers, directors, partners, shareholders, members, agents, employees, vendors, sponsors, and volunteers from any and all claims, demands, causes of action, damages, losses or expenses (including court costs and reasonable attorneys’ fees) which may arise out of, result from, or relate in any way to your membership in the Yelp Elite Squad, except, of course, for any gross negligence or willful misconduct on our part.

(c) Indemnity. You agree to indemnify and hold harmless Yelp, its parents, subsidiaries, and affiliates, and all of their officers, directors, employees, agents, and representatives against any and all third-party claims, actions, losses, damages, liabilities, costs, and expenses (including but not limited to attorneys’ fees and court costs) arising out of or relating to your negligence or reckless or willful misconduct in connection with your Yelp Elite Squad membership or your participation at events.

6. TERMINATION
While we hope not to, Yelp may terminate your Yelp Elite Squad membership and/or prohibit your attendance at any Yelp Event at any time if you fail to abide by these Elite Terms, or for any or no reason, without notice or liability of any kind. You may terminate your Yelp Elite Squad membership and these Elite Terms at any time by sending notice to feedback@yelp.com. In the event of any termination, whether by you or us, Sections 4-9 of these Elite Terms will continue in full force and effect.

7. ARBITRATION, DISPUTES, AND CHOICE OF LAW
(a) Arbitration. EXCEPT AS DESCRIBED IN SUBSECTION (B) BELOW, ANY CLAIM, CAUSE OF ACTION, REQUEST FOR RELIEF OR DISPUTE THAT MIGHT ARISE BETWEEN YOU AND YELP MUST BE RESOLVED BY ARBITRATION ON AN INDIVIDUAL BASIS; YOU AND WE AGREE THAT EACH MAY BRING OR PARTICIPATE IN CLAIMS AGAINST THE OTHER ONLY IN OUR RESPECTIVE INDIVIDUAL CAPACITIES, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. UNLESS BOTH YOU AND YELP AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE OR JOIN THE CLAIMS OF OTHER PERSONS OR PARTIES WHO MAY BE SIMILARLY SITUATED, AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING. YOU AND YELP EXPRESSLY WAIVE THE RIGHT TO TRIAL BY A JURY.

(b) Exceptions. Notwithstanding the other provisions of these Elite Terms, claims brought by you or Yelp that could be brought in small claims court, if permitted by the rules of that court, or (b) claims related to intellectual property (like copyrights and trademarks) are not subject to arbitration and may be brought in court. You or Yelp may seek relief for non-arbitrable claims in any small claims court of competent jurisdiction. All other non-arbitrable claims are subject to the exclusive jurisdiction in, and the exclusive venue of, the state and federal courts located within San Francisco County, California, and you consent to the personal jurisdiction of these courts for the purpose of litigating any such claim. Any issues relating to the scope and enforceability of the arbitration provision will be resolved by the arbitrator. If any claim cannot be arbitrated in accordance with this provision, then only that claim may be brought in court and all other claims remain subject to arbitration.

(c) Arbitration Rules and Forum. Arbitration shall be administered by the American Arbitration Association (“AAA”) in accordance with its Consumer Arbitration Rules then in effect. For more information, visit www.adr.org. Arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator may award damages to you individually as a court could, including declaratory or injunctive relief, but only to the extent required to satisfy your individual claim. The arbitrator will not have the power to commit errors of law, and the award may be vacated or corrected through judicial review by a court of competent jurisdiction under the California Arbitration Act for any such error. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, Yelp will pay all filing, AAA, and arbitrator’s fees and expenses. We waive any right to seek an award of attorneys’ fees and expenses in connection with any non-frivolous arbitration between you and us.

(d) Choice of Law. California law will govern these Elite Terms (to the extent not preempted or inconsistent with federal law) without regard to conflict of law provisions.

8. TRANSLATIONS
While we may translate these Elite Terms into other languages for your convenience, any inconsistencies among the different versions will be resolved in favor of the English version.

9. GENERAL TERMS
You understand that being part of the Yelp Elite Squad does not make you an employee, independent contractor, representative, or agent of Yelp. You agree that you will not represent yourself as an employee, independent contractor, representative, or agent of Yelp. Any inconsistencies between these Elite Terms and Yelp’s Terms of Service or Content Guidelines will be resolved in favor of the Elite Terms. We reserve the right to modify, update, or discontinue the Yelp Elite Squad and these Elite Terms at our sole discretion, at any time, for any or no reason, and without notice or liability. Any failure on Yelp’s part to exercise or enforce any right or provision of the Elite Terms does not constitute a waiver of such right or provision. If any provision of the Elite Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that the Elite Terms shall otherwise remain in full force and effect and enforceable.