Terms and Conditions (the boring stuff)
The Yogi Coyote website may include some or all of the following: (a) a platform for the purchase and use of digital content, which allows end-users to purchase a subscription and stream pre-recorded audio and video content over the Internet for personal use, (b) an e-commerce site, which allows users to purchase products from the The Yogi Coyote or email suggestions with products.
PLEASE READ VERY CAREFULLY ALL OF THE FOLLOWING TERMS AND CONDITIONS FOR USE OF THE WEBSITE. BY ACCESSING AND/OR USING THE WEBSITE, YOU ARE AGREEING TO BE BOUND BY THE FOLLOWING TERMS OF USE AND PRIVACY POLICY.
ACCEPTANCE OF TERMS
My services are offered to you on the condition that you accept and agree to be bound by this agreement in its entirety without modification of any kind. By accessing and/or using this website, you agree to be bound by this agreement, whether you are a "visitor" (which means that you simply browse one or more of our websites) or you are a "registered user" (which means that you have registered to use the website and have subscribed to use one or more of the services). If you do not accept the terms of this agreement, kindly exit this website and discontinue any and all use immediately.
TERM AND CONDITIONS MODIFICATION
This agreement may be modified from time to time, and, to the greatest extent permitted by law, such modifications shall be effective upon posting. By accessing and/or using this website after any such modification is posted, you are agreeing to be bound by such modifications. Except as otherwise expressly provided herein, any new features, tools, products and/or services that change, augment, enhance or upgrade the current website and/or the services will be subject to this agreement.
GENERAL REGISTRATION REQUIREMENTS
Visitors are currently permitted to view only limited portions of the website prior to deciding whether to become a registered user. Full access is available only to registered users and, if a subscription is required, then only to registered users who are also paid subscribers. If you wish to become a registered user, you must register on our website, complete the registration procedures requested, and pay the required subscription fee, if any. Some aspects of this website are available to all registered users, and some are available only to registered users who have paid the required subscription fee and/or other charges, all of which are posted.
AGE REQUIREMENTS FOR ACCESS AND USE
By accessing and using this website, you acknowledge and agree that you are representing to me that you are over the age of 18 or are of legal age to form a legally binding contract, and you are not a person barred from purchasing or receiving products and services, under law. Registration, subscription, access to and use of this website or its services are not available to users under the age of 18 and are void where prohibited by applicable law.
REQUIREMENTS FOR BECOMING A REGISTERED USER
By completing the registration procedures, you acknowledge and agree that (a) you are representing to me that you are providing true, accurate, current and complete information about yourself as prompted, and (b) you are obliged to maintain and promptly update your registration data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or I have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, I reserve the right to suspend or terminate your account and refuse any and all current or future access to and/or use of the websites and/or services. Bummer.
CHILDREN
Due to the nature of the Internet, I cannot prevent minors from visiting this site. However, this website is not directed toward children under the age of 13 and I never knowingly collect information from children under the age of 13. If you believe that a child has provided information to me through the website, please contact me by email at jack@theyogicoyote.com. I will use my best efforts to remove all of the information provided by the child from my system. See the privacy policy set forth below for additional information about the online privacy of children.
MEMBER ACCOUNT, PASSWORD AND SECURITY
As a registered user, you are required to choose a password and provide your email address. You may be asked for additional information regarding your account. You are responsible for maintaining the confidentiality and security of your password and all other account information, and you are fully responsible and liable for all access to and use of the website and/or services that occur under your password or account. You agree to (a) immediately notify me by e-mailing jack@theyogicoyote.com of any unauthorized use of your password or account or any other breach of security, and (b) ensure that you log out from your account at the end of each session. The Yogi Coyote (that’s me) will not be liable for any loss or damage arising from your failure to comply.
PRESERVATION AND DISCLOSURE OF ACCOUNT INFORMATION AND USER CONTENT
You acknowledge and agree that The Yogi Coyote (me, again) may access, preserve and disclose your account information and user content if required to do so by law or in a good faith belief that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce this agreement; (c) respond to claims that any site content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect my rights, property or personal safety, the other users of this website and/or services, and the public. However, under no other circumstances will I intentionally disclose your account information to any third party except as otherwise provided in the privacy policy, which is set forth below.
SUBSCRIPTION FEES AND PAYMENT
Access to some of my website and services is subject to a subscription fee. This is payable in U.S. dollars or other currency as applicable. You will be required to provide your credit card number and other information at the time of your initial registration. Your credit card will automatically be charged at the time of your subscription or the end of your free trial, and regularly thereafter based on the terms of your subscription, and you hereby authorize me to charge your credit card for the then-applicable subscription fee. The Fee is non-refundable. I reserve the right to change or modify the fee or payment schedule (including, without limitation, increasing prices and charging a fee for upgrades) at any time. Plans priced in currencies other than U.S. dollars are subject to adjustment due to fluctuations in exchange rates. I will make my best effort to provide you with reasonable notice prior to making any fee changes or modifications, with the exception of exchange rate changes.
If I am unable to effect automatic payment via your credit card, I will attempt to notify you via email and your account will be disabled until payment is received. You are responsible for notifying me of any changes to your credit card information and to update your information if your credit card has expired. I may suspend, terminate and/or otherwise interrupt your access to the services if you fail to so notify me of changes.
You agree to pay your account balance on time. You are responsible and liable for any costs and expenses, including attorney and collection fees, that I may incur in its efforts to collect any remaining balances due from you. This paragraph will in no way limit any other remedies available to me. You are required to notify me of any billing problems/discrepancies within 30 (thirty) days after they first appear on your credit card account statement by sending a written notice to jack@theyogicoyote.com. If you do not notify me within the time allowed, you waive any right to dispute such problems or discrepancies.
CONTENT
The content available on this website and the services generally consists of (a) content owned by me, including but not limited to the trademarks, trade dress and “look and feel” of my website and content created and/or acquired and owned by The Yogi Coyote (me) (“the yogi coyote content”), (b) content owned by third parties and licensed to me for specified uses and the services (“third-party content”), and (c) content that may be posted and/or otherwise uploaded to this website and/or the services by you (“user content”). As between you and other registered users, however, the content posted by other registered users is considered to be “third-party content.” All of these things are lumped into “website content”.
GEOGRAPHIC LIMITATIONS
Due to certain licensing restrictions placed on my offerings, some content may not be available in your geographic location, and therefore, cannot be viewed. If at any time you feel this inhibits your experience upon purchasing a subscription, please contact me. I will work with you in order to remedy the situation.
YOUR CONTENT IS YOURS
I do not claim ownership rights in any user content that you post on this website or otherwise make available through my services. Subject to the non-exclusive license contained below (“License to Your Content”), as between me and you, you will retain all intellectual property rights that you may have in any user content that originates with you.
In order to be able to offer you the use of my website and services pursuant to this agreement, you are required to grant a license to me to use and distribute your user content. This enables me to permit other visitors and registered users to view and share your user content (like in Facebook shares), and to display your user content in other places within this website. Accordingly, by posting, displaying, publishing, transmitting, or otherwise making available (individually collectively) any user content on or through this website or my services, you hereby grant to me a non-exclusive (meaning you can license the user content to other parties as well), fully-paid, royalty-free, perpetual, irrevocable, worldwide license (including the right to sublicense) to use, copy, modify, adapt, translate, create derivative works, publicly perform, publicly display, store, reproduce, transmit, distribute, and otherwise make available such user content on and through this website and/or my services, in print, or in any other format or media now known or hereafter invented, without any obligation of notification, compensation, attribution or consent. Notwithstanding the foregoing, I will not use your user content to create commercial products such as books. You may contact me at jack@theyogicoyote.com to request the removal of certain user content you have posted, but I have no obligation to do so. In any case, a back-up or residual copy of any user content posted by you may remain on The Yogi Coyote’s servers after the user content appears to have been removed from the websites and/or my services. You represent and warrant that: (i) you own all right, title and interest in all user content posted by you on or through my website or services, or otherwise have the right to grant the license set forth in this section, and (ii) the posting of your user content on or through this website and/or the services does not require the knowledge or consent of any third party and does not violate the privacy rights, publicity rights, copyrights, trademarks, patents, trade secrets, contract rights, confidentiality, or any other rights of any third party.
DONT BE A JERK
This website and my services may include features that permit you to post user content, which includes and applies to (but is not limited to) content of your own, comments on the user content posted by others, and communications with other registered users. Such user content includes but is not limited to: information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials. You acknowledge and agree that you shall not use this website or my services to post or other transmit user content that:
is patently offensive and/or promotes racism, bigotry, hatred or physical harm of any kind against any group or individual.
harasses or advocates harassment of another person.
exploits people in a sexual or violent manner.
contains sexual nudity, violence, or offensive subject matter.
solicits personal information from anyone under the age of eighteen (18).
provides any telephone numbers, street addresses, last names or email addresses of anyone other than your own.
promotes information that you know is false or misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous.
violates any intellectual property or other proprietary right of any third party, including content that promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices, or providing pirated music or links to pirated music files.
involves the transmission of "junk mail," "chain letters," or unsolicited mass mailing, instant messaging, "spimming," or "spamming".
contains restricted or password-only access pages or hidden pages or images (those not linked to or from another accessible page).
furthers or promotes any criminal activity or enterprise or provides instructional information about illegal activities including, but not limited to making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses.
solicits passwords or personal identifying information for commercial or unlawful purposes from other members.
involves commercial activities and/or sales without our prior written consent, such as contests, sweepstakes, barter, advertising, or pyramid schemes.
includes a photograph of another person that you have posted without that person's consent or, in the case of children under the age of eighteen (18), parental consent, or otherwise constitutes an invasion of an individual's privacy or infringement of publicity rights.
contains a virus or other harmful component.
RESPONSIBILITY FOR YOUR CONTENT
You (not me) are entirely responsible for all user content that you upload, post, email, transmit or otherwise make available via this websites and/or my services. I do not control the user content posted on this website and/or my services and, as such, I cannot and do not guarantee the accuracy, integrity or quality of such user content. You acknowledge and agree that, by using this website and my services, you may be exposed to user content that you deem offensive, indecent or objectionable. Under no circumstances am I liable in any way for any user content, including, but not limited to, any errors or omissions, or any loss or damage of any kind incurred as a result of the use of any user content posted, emailed, transmitted or otherwise made available via this websites and/or my services.
REJECTION AND/OR REMOVAL OF USER CONTENT
You acknowledge and agree that I may (or may not) pre-screen user content posted on this website, but that I shall have the right (but not the obligation) at my sole discretion to pre-screen, edit, refuse, and/or remove any user content or portion thereof that is available via this website and/or my services, for any reason, including but not limited to my determination that any such user content is not appropriate for this website and/or my services, or just because I feel like it. Without limiting the foregoing, and by way of example only, I have the absolute right to remove from this website and/or my services any user content that violates this agreement or is otherwise objectionable. I also reserve the right to restrict, suspend, or terminate your access to all or any part of this website and/or my services at any time, for any or no reason, with or without prior notice, and without liability. If you become aware of misuse of this website and/or my services by any person, please contact me by email at jack@theyogicoyote.com.
LIMITED LICENSE
I hereby grant to registered users a limited, personal, revocable, non-sublicensable license to display a single copy of my content and third-party content located on or available through my website or services (excluding any software code therein) solely for your single, personal, non-transferable and non-commercial use in connection with viewing this website and using the services during the term of your registration. All such use is subject to the terms and conditions set forth in this agreement and may be terminated by me as set forth in this agreement. Except for user content posted by you, you may not copy, store, modify, translate, publish, broadcast, transmit, distribute, perform, display, make available, or sell any of this website’s content for any purpose whatsoever.
Examples of Limitations on Use
Any non-commercial reuse of any portion of this website’s content by a registered user that falls within what is allowed as “fair use” under the United States copyright and trademark law is permitted. In addition to the limitations set forth in Section 18 above (“Limited License”), and by way of example only, no commercial storage, use, reproduction or transmission of any website content is permitted under any circumstances. This website and my services may not be used in connection for any commercial purposes except as specifically approved in writing and in advance by yours truly. Unauthorized framing of or linking to any of this website is prohibited. Commercial advertisements and other commercial content, affiliate links, and other forms of solicitation will be removed from this website and my services without notice and may result in termination of registration and subscription and denial of access to and use of this website and my services.
HEALTH AND MEDICAL CONCERNS
Some of this website’s content includes information and instruction relating to exercise and fitness, and some of the products and services available relate to exercise and fitness. You acknowledge and agree that the following warnings and disclaimers shall apply to all such information, instruction, products and services.
Before participating in any exercise program or using any fitness products or services that may be described and/or made accessible in or through my website and/or my services, I strongly recommend that you consult with a physician or other healthcare provider. I am not a licensed medical care provider, am not rendering personal medical advice or treatment, and have no expertise in advising on, diagnosing, examining, or treating medical conditions of any kind, or in determining the effect of any specific exercise on a medical condition.
This website and my services are not intended to be a substitute for professional medical advice, diagnosis, or treatment. You acknowledge and agree that when participating in any exercise or exercise program, and/or when using any fitness products or services, there is the possibility of physical injury and/or death, and you assume the risk and responsibility for any such results.
You should never disregard medical advice or delay seeking it because of a statement you have read on this website and/or my services. This website and my services should not be used in lieu of advice given by qualified medical professionals such as your doctor or registered dietitian. It is important that this website and my services are used only in conjunction with qualified medical guidance. If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical or medical condition, please seek the advice of your doctor prior to using this website and/or my services.
You should always consult your doctor before beginning an exercise or dietary program. Keep the following checklist in mind when developing your program in conjunction with your health care provider, but also bear in mind that the checklist is not exhaustive and does not take the place of a consultation with your healthcare provider:
After exercise do you frequently experience chest pains?
Do you get dizzy when you exercise?
Are you breathless after exercising?
Do you take medication for high blood pressure?
Do you have joint problems?
Do you have a medical condition, which might need special attention when exercising, for example diabetes?
Have you been physically active in the past?
Do you have a heart condition that requires supervised physical activity?
If you experience any discomfort or pain during an exercise routine you must immediately cease the activity and seek the assistance of a physician.
RESERVATION OF RIGHTS
All content shall be protected by copyright, trademark, patent, trade secret and other laws. I own and retain my respective rights, title and interest in and to my respective content subject only to the limited licensed granted to registered users as set forth above.
OTHER SITES
This website may contain third-party advertising and/or links to other sites owned by third parties (i.e. advertisers, affiliate partners, strategic partners, or others). However, the inclusion of a link on my website does not imply that I investigated, evaluated and/or endorsed any third party website. I can’t be responsible for examining or evaluating, and I can’t warrant the products or offerings of, any of these businesses, entities or individuals, or the accuracy of the content of their advertising or websites. I do not assume any responsibility or liability for the actions, products, services, and/or content of any such websites. Before you purchase goods or services from a third party and/or use any third-party website, you should review the applicable terms of use and privacy policies for such websites. If you decide to access any such linked websites, you do so at your own risk.
INTERNATIONAL USE
Due to the global nature of the Internet, you acknowledge and agree that you are obliged to comply with all applicable laws, rules and regulations regarding the access to and use of this website and my services. By way of example only, you acknowledge and agree that you are obliged to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside, and that restrictions on access to and/or use of some site content may apply to users based on their place of domicile, residence and/or use.
TAKE-DOWN NOTICES UNDER THE DMCA
I will receive and evaluate notices of copyright infringement and take appropriate actions under the Digital Millennium Copyright Act, Title 17, United States Code, Section 512(c)(2) (“DMCA”). Written notices of claimed copyright infringement must be in strict compliance with all terms and conditions of the DMCA and must be submitted according to the procedures set forth in the DMCA.
REGISTERED USER DISPUTES
You are solely responsible for your interactions with other registered users. I reserve the right, but have no obligation, to monitor disputes between you and other users.
TERM AND TERMINATION
This Agreement, as it may be modified from time to time, shall remain in full force and effect for so long as it is posted on any of the Website or until terminated by The Yogi Coyote or by you.
You may terminate your status as a Registered User and cancel your account at any time and for any reason, by notifying us by email at info@yogais.com, but any such termination and cancellation will be effective only after The Yogi Coyote has processed the request. If you cancel your account prior to the expiration of your pre-paid subscription period, you will forfeit the Fees paid for any unused portion of your subscription, which are non-refundable. However, you will be able to continue viewing premium content until the expiration of your current pre-paid subscription period. You also acknowledge and agree that the cancellation of your account is your sole right and remedy with respect to any dispute with The Yogi Coyote (Enter Eleven Films LLC).
The Yogi Coyote reserves the right to suspend or terminate your status as a Registered User, cancel your account, and disable your access to the Website and Services at any time, with or without notice to you, with or without cause, and without liability to you. The Yogi Coyote shall have no liability to you or any third party because of such suspension or termination or related action for any reason except as follows: (a) If The Yogi Coyote elects do so with cause, then no refund of any unused portion of a pre-paid subscription is owing, and (b) if The Yogi Coyote elects to do so without cause, then The Yogi Coyote will refund any unused portion of a pre-paid subscription.
The following sections shall survive any termination of this Agreement, your account, and/or your use of the Service: Section 9 (“Preservation and Disclosure of Account Information and User Content”), Section 12 (“Content”), Section 13 (“Ownership of Content”), Section 14 (“License to Your Content”), Section 16 (“Responsibility for Your User Content”), Section 17 (“Rejection and/or Removal of User Content”), Section 20 (“Health and Medical Concerns”), Section 21 (“Reservation of Rights”), Section 22 (“Other Sites”), Section 23 (“International Use”), Section 25 (“Registered User Disputes”), Section 27 (“Disclaimer of Warranties”), Section 28 (“Waiver of Claims”), Section 29 (“Limitation of Liability”), Section 30 (“Severability”), Section 31 (“Indemnity”), and Sections 34 through 40.
Upon suspension or termination, The Yogi Coyote shall have no obligation to save any User Content that you may have posted or otherwise provided, and we reserve the right to permanently delete and destroy any of your personal information and/or User Content.
DISCLAIMER OF WARRANTIES
You acknowledge and agree that this website and my services are offered without warranties of any kind whatsoever. The disclaimer of warranties includes, but is not limited to, the following.
Your use of this website and my services is at your sole risk. I expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement, with respect to the service, the websites, and any third party websites with which they are linked.
I am not responsible or liable for any loss, damage, injury or health problems that may result from your use of this website and/or other aspects of my services, including but not limited to training programs, recipes, products, services, events and/or information that you may learn about on this website or from my services, and/or any action or inaction on your part as a result of information you have obtained from this websites and/or my services. By way of example only, if you engage in any exercise or diet program that you receive or learn about through the my website or services, and/or if you use any product or service that you receive or learn about through this website and/or my services, you agree that you do so voluntarily, after consulting an appropriate health professional of your choice, and at your own risk, and you agree to release and discharge me from any and all claims or causes of action, known or unknown, arising out of the foregoing.
I make no warranty that this website or my services, content, and/or the information, products and services available through this website or my services will meet your expectations or requirements, or that you will achieve any particular results from the use of any of the foregoing, or that this website or my services will be uninterrupted, timely, secure, error-free, or free of any harmless components (including viruses, malware, spyware, or comparable components).
You expressly assume the risk, by way of example, of deletion, non-delivery or failure to store postings of user content, communications, personalized settings, or data, and you acknowledge that I make no warranties regarding the foregoing.
Any material downloaded or otherwise obtained through this website or my services is accessed at your own discretion and risk, and you will be solely responsible for any loss or damage to your computer system or loss of data that results from the download of any such material.
WAIVER OF CLAIMS
You hereby waive, release and discharge me from and against any claims that you may be entitled to make by reason of any use of your user content authorized under this agreement and/or by reason of your participation in any of the communications and social networking features of this website or my services, including but not limited to, and by way of example only, any claims based on copyright infringement, trademark infringement, rights of privacy or publicity, defamation and otherwise.
LIMITATION OF LIABILITY
To the fullest extent permitted by applicable laws, I will in no event be liable to you or any third party for any indirect, consequential, exemplary, incidental, special or punitive damages, including lost profit damages arising from or in connection with any use of this website or my services, and/or any website with which they are linked, and/or any content, information, products or services accessible through this website and/or my services, even if I have been advised of the possibility of such losses or damages. Notwithstanding anything to the contrary contained herein, the aggregate liability me to you for any cause whatsoever and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to me.
SEVERABILITY
Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, in certain jurisdictions, some of the above limitations of liability may not apply to you. In any such case, and/or if any terms or conditions of this agreement are held to be invalid for any reason whatsoever, this agreement shall remain in full force and effect on its remaining terms and conditions of this agreement unless and until terminated by me. Furthermore, if any term or condition of this agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the intentions of the parties as reflected in the invalidated provision.
INDEMNITY
You agree to indemnify, defend, and hold me harmless from any and all third party claims, losses, liability, damages, and/or costs (including reasonable attorney fees and costs) arising from your breach of the terms of this agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. I will use my reasonable best efforts to notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, or cost.
ADDITIONAL TERMS
I may also require you to follow additional rules, guidelines or other conditions in order to participate in certain promotions or activities available through this website, to obtain certain premium site content, and/or for other reasons. In addition, certain additional terms will govern your subscription to my services and any purchases you make through the online store. These additional terms will be posted on the relevant portions of this website or on the portions of this website that describe the specific promotions, content, or activities. These additional terms are incorporated by reference in this agreement, and you agree to comply with them when you participate in those promotions, purchase items from my online store, or otherwise engage in activities governed by such additional terms.
MODIFICATION AND DISCONTINUATION
I reserve the right at any time to modify, edit, delete, suspend or discontinue, temporarily or permanently this website and/or my services, or any portion thereof, with or without notice. You agree that I will not be liable to you or to any third party for any such modification, editing, deletion, suspension or discontinuance of this websites and/or my services.
ENTIRE AGREEMENT
This Agreement, together with any other terms and conditions referenced herein (including without limitation the privacy policy and additional terms), constitutes the entire agreement between you and I and governs your use of this website and services, superseding any prior agreements between you and I with respect to this website and/or my services.
NO WAIVER
My failure to exercise or enforce any right and/or remedy under this agreement shall not constitute a waiver of such right and/or remedies.
STATUTE OF LIMITATIONS
You acknowledge and agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of this website, my services or this agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred.
RELATIONSHIP OF THE PARTIES
You and I both acknowledge and agree that I am independently contracted, dealing at arm’s length with each other in connection with the licensing of intellectual property rights and the provision of services. No partnership, joint venture, joint authorship, employment, fiduciary, agency or other relationship is created between us.
NOTICES AND QUESTIONS
If you have any questions regarding this Agreement, please contact me by email at contact@theyogicoyote.com. Except as otherwise specified elsewhere in this Agreement, notices to The Yogi Coyote may be given at the foregoing email and postal addresses, and notices to you may be given at the address provided to us at the time of registration and/or the purchase of goods and services from The Yogi Coyote.