LEGAL NOTICE: PLEASE READ ALL THE PROVISIONS OF THIS AGREEMENT CAREFULLY. YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS WILL CONSTITUTE A BINDING AND ENFORCEABLE AGREEMENT BETWEEN YOU AND THE WEBSITE.
By joining, you are purchasing Yatmo LLC's product, program, or a coaching service and becoming a Client/Subscriber and are entering into a binding and enforceable contract, and you (“Member”; “Subscriber” ; “You”; “Your”) agree to be bound by these Terms and Conditions (the “Agreement”). If you register for one of our programs, it is paid in full or if a payment plan was selected, it will renew automatically every 30 days until paid in full and will be billed at the rate specified on the order page, in accordance with these Terms and Conditions. This agreement is subject to change at any time, and changes may be effective without notice upon each Subscriber.
DEFINITIONS – The term “Site”, as referred to in these terms and conditions shall mean – the Site for which you are purchasing a username and password (login) in order gain access to that site and enjoy its contents and benefits of our program. This agreement applies to but is not limited to the following websites: www.jedientrepreneurs.com. The term “Member” or “Membership”, as referred to in the terms and conditions shall mean -The holder (Subscriber) of a valid username and password (login) for the Site during the term of membership. Membership is non-transferable and non-assignable. The term “Subscriber”, as referred to in the terms and conditions shall mean – The End-user, Consumer, of the services of the Site and holder of a valid username and password (login) for the Site. By becoming a Subscriber, you hereby authorize the imposition of charges to your credit card or other approved facility for all membership fees as well as for any further goods and/or services at, through and/or from or pertaining to the site. The term “Login”, as referred to in the terms and conditions shall mean – The combination of unique username and password that is sold by, and used to access, the Site. A Login is a non-exclusive, non-transferable license for that individual member, and no other, to use the Site for a period of time. The term “Bookmarking”, as referred to in the terms and conditions shall mean – The act of placing a web page (URL) into a temporary file on the Subscribers browser so that the subscriber may return to that page at a future date directly, without passing through any pages that may have been precedent.
SUBSCRIPTION FEES – If a payment plan was selected, the subscriber is responsible for paying periodic subscription fees according to the then-current terms of the Site. Subscription fees are non-refundable passed the first 30 days from the date of the original purchase. See “Refunds” section below to learn about our refund policy. Subscriber hereby authorizes the Site or its billing agent, to charge subscriber’s credit card (or other approved facility) to pay for the ongoing cost of subscription automatically every 30 days until paid in full, billed at the rate specified on the order page.
AUTOMATIC RENEWAL – If a payment plan was selected, subscription fees are automatically renewed, and therefore automatically credit card or check debited, at the end of the original term selected, for a like period of time.
NON-ASSIGNABILITY/THEFT OF LOGIN – Your Membership, username and password (login), may not be assigned or transferred to any other person or entity. Subscriber must promptly inform the Site of any apparent breach of security, such as loss, theft, or unauthorized disclosure or use of a username or password. Until the Site is notified, by e-mail, or by telephone, of any breach in security, the Subscriber will remain personally liable for any unauthorized use of the Service. Subscriber is and shall be personally liable for, and shall defend, indemnify and hold harmless the Site and any agency acting on its behalf from any and all damages (including loss of profits, loss of property, fines and penalties), losses and costs (including attorneys’ fees) resulting from any attempted or actual unauthorized downloading or other duplication whether solely by Subscriber or with or under the authority of any other including governmental agency.
TERMINATION/CANCELLATION – Subscription to the Service may be terminated at any time, and without cause, by either the Site or the Subscriber upon notification of the other party by electronic or conventional mail, or by telephone, fax or filling out the cancellation request form. When termination is requested by a member, subscription fees are NOT refunded. Subscribers are liable for charges incurred until payment is maid in full, billed at the rate specified on the order page. Credit card users may be subject to a pre-authorization. The pre-authorization is not a charge to the credit card. However, the then applicable subscription charge may be reserved against the Member’s available credit card limit. The Site will not be held responsible for bank charges, fees or penalties due to overdrawn or delinquent Subscriber accounts. Contact your credit card issuing financial institution for details.
REFUNDS POLICY – Refunds for coaching, consulting, mentoring and masterminds are ONLY granted within the first 72 hours from the date of purchase. Once coaching, consulting, mentoring or mastermind begin – there are no refunds.
ACCESS TO THE PRIVATE FACEBOOK GROUP IS CONTINGENT ON ACCEPTABLE BEHAVIOR AND CONDUCT INSIDE THE GROUP. WE RESERVE THE RIGHT AT ANY TIME TO CHANGE WHAT ACCESS IS INCLUDED IN THIS PACKAGE. FURTHERMORE, WE RESERVE THE RIGHT TO REMOVE ANYONE FROM THE PRIVATE FACEBOOK GROUP IF WE DEEM THEIR BEHAVIOR PROMOTIONAL, INCONSISTENT, NEGATIVE, OR COUNTERPRODUCTIVE TO THE OVERALL PROGRESS OF THE STUDENT GROUP. NO REFUNDS WILL BE GIVEN AFTER 30 DAYS, AND NO REFUNDS WILL BE GIVEN TO THOSE THAT HAVE BEEN REMOVED FROM THE PRIVATE FACEBOOK GROUP DUE TO UNACCEPTABLE BEHAVIOR.
GRANT OF LIMITED LICENSE WITH RESERVATIONS – Memberships to the Site are provided for personal, non-commercial use by customers of the Site. As customers, visitors to the Site hereby granted a single copy license to download (on a single computer only) or print copies of any of the information found on the Site for personal, non-commercial use only.
Commercial use of the Site, or any material located on it, is strictly prohibited. In addition, you may not modify any of the materials found on the Site; use them for any public display, performance, sale or rental; remove, modify or alter any copyright or other proprietary notice, or trademarks there from; or transfer any material located on the Site to any other person. The Site reserves the right to terminate this license at any time if you breach the terms of this agreement, in which case you will be obligated to immediately destroy any information downloaded, printed or otherwise copied from the Site. Access to and use of the Site is through a combination of a username and a password (login). Each Subscriber must keep his or her login strictly confidential. For security reasons, the Site will not release passwords for any reason, to anyone other than the Subscriber, except as may be specifically required by law or court order. Unauthorized access to the Site is a breach of this Agreement and a violation of law. You acknowledge and agree that all materials contained at the Site are proprietary and constitute valuable intellectual property owned by the Site or its administrator (“Company”) or others who have licensed use of such materials to the Company. You acknowledge and agree that as such You may only access, view, download, receive and otherwise use the materials available at the Site only as authorized by the Company. You acknowledge that you understand that the Company does not authorize access to any part of the Site in any manner contrary to the express provisions of this Agreement. You further represent and warrant to the Company that your agreement to these terms and conditions constitutes an agreement that You shall not access, or attempt to access any materials available at the Site in a manner not expressly authorized by the Company. You agree and warrant that You shall at no time access view download, receive or otherwise use, or cause or enable others to access, view, download, receive or otherwise use materials directly or indirectly in places which the Company does not authorize such access, viewing, downloading, receipt or other use. You hereby acknowledge that you understand that the Company does not authorize the accessing, viewing, downloading, duplication, receiving, transmission, broadcasting or other use of the materials contained on the Site to or by and person, INCLUDING YOU, who is located in any of the areas designated as PROHIBITED AREAS above. You further acknowledge that you understand and agree that any and all unauthorized access, viewing, downloading, receipt, duplication or other use of materials from the Site, in which You are directly or indirectly involved, including, but not limited to accessing, viewing, downloading, receiving or other use of materials in PROHIBITED AREAS in an manner shall constitute intentional infringement(s) of the Company’s and potentially others’ intellectual property rights and other rights in such materials and shall further constitute a violation of trademark and other rights including, but not limited to rights of privacy.
BOOKMARKING – Bookmarking to a page on the Site whereby the Warning page(s) and/or terms and conditions are by-passed shall constitute an implicit acceptance of the terms and conditions herein and an explicit acknowledgement of age of majority.
DISCLAIMERS – THE MATERIALS ON THE SITE ARE PROVIDED “AS IS” WITHOUT ANY EXPRESSED OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY OR FITNESS FOR A PARTICULAR PURPOSE. THE SITE OFFERS NO ASSURANCE OF UNINTERRUPTED OR ERROR FREE SERVICE. THE SITE DOES NOT WARRANT THE ACCURACY OR COMPLETENESS OF THE INFORMATION, TEXT, GRAPHICS, LINKS OR OTHER ITEMS CONTAINED ON THE SITE. ANY OF THE INFORMATION OFFERED ON THE SITE MAY CHANGE AT ANY TIME WITHOUT NOTICE. TO THE EXTENT SUBSCRIBER IS LOCATED WHERE SUCH DISCLAIMER IS INAPPLICABLE OR RESTRICTED, THE DISCLAIMER MAY NOT APPLY AND SUBSCRIBER MAY HAVE LEGAL RIGHTS WHICH VARY FROM STATE TO STATE OR JURISDICTION. THE SITE AND THE SITE OWNER MAKE NO REPRESENTATION AS TO ANY OF THE INFORMATION FOUND AT THE SITE. SHOULD THE MATERIALS OR SERVICES PROVIDED PROVE DEFECTIVE AND/OR CAUSE ANY DAMAGE TO EQUIPMENT OR ANY LOSS OR INCONVENIENCE TO SUBSCRIBER OR ANYONE CLAIMING THROUGH SUBSCRIBER, SUBSCRIBER ASSUMES THE ENTIRE COST AND RESPONSIBILITY FOR SAME. IN THE EVENT THE SITE OR THE SITE OWNER ARE FOUND LIABLE FOR ANY FAILURE TO PERFORM, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY OR OTHERWISE AND REGARDLESS OF WHETHER BASED UPON BREACH OF CONTRACT, NEGLIGENCE OR ANY OTHER CLAIM OR CAUSE OF ACTION, THE MAXIMUM LIABILITY OF THE SITE AND THE SITE OWNER SHALL BE FOR NO MORE THAN THE AMOUNT OF THE SUBSCRIPTION FEE PAID BY OR ON BEHALF OF THE SUBSCRIBER FOR THE PRECEDING MONTH. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY. HOWEVER, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY SHALL THE SITE OR THE SITE OWNER, OR ANY OF THEIR SUPPLIERS, LICENSEES, AGENTS OR OTHER SUBSCRIBERS BE LIABLE, TO SUBSCRIBER OR OTHERS FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OF ANY CHARACTER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSSES OF ANY KIND, INCLUDING BUT NOT LIMITED TO, LOSS OF GOOD WILL, WORK STOPPAGE, COMPUTER OR OTHER EQUIPMENT FAILURE OR MALFUNCTION.
Subscribers are responsible for providing all personal computer and communications equipment necessary to gain access to the Site. All materials on the Site are proprietary, constitute valuable intellectual property, are copyrighted and are protected under treaty provisions and worldwide copyright laws. The Site’s materials may not be reproduced, copied, edited, published, transmitted or uploaded in any way without written permission. Except as expressly stated in the limited license provision of these terms and conditions, purchase of a Membership does not grant any express or implied right to you under any of its trademarks, copyrights or other proprietary information. Except for third party advertisements or communications, for which neither the Site nor the Site owner, screen nor endorse, the Site’s contents are controlled and operated by the Site owner. No representation is made that the materials available on the Site are appropriate or available for use in other locations, and access to them from jurisdictions where their contents are illegal is prohibited.
These terms and conditions are to be governed and construed by Florida law. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded. In the event of a dispute arising out of or relating to these terms and conditions, or your use of or access to the Site, litigation must be brought in state or federal court in the City of Boise, ID. If the Site enables Subscribers to share information with other Subscribers, Subscribers agree not to submit, publish, or display on the Service any defamatory, inaccurate, abusive, threatening, racially offensive, or illegal material. Transmission of such material that violates any federal, state, or local law, is prohibited and is a breach of this Agreement. Subscribers agree not to engage in advertising to, or solicitation of other Subscribers to buy or sell any products or services through the Site without prior written consent. Subscribers are responsible for information they send, or display through the Site even if a claim should arise after termination of service. All messages shall be deemed to be readily accessible to the general public. Do not use the Site for any communication for which the sender intends only the sender and the intended recipient(s) to read. Notice is hereby given that all messages entered into this Site can and may be read by the operators of the Site, whether or not they are the intended recipient(s).
LINKS TO THIRD PARTY SITES – This Site may contain links to other sites which are controlled by third parties. Those linked sites are not under the control of the Site owner or operator and this Site is not responsible for the contents of any linked site or any link contained in a link site. The Site is providing those links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Site of any other linked site.
MODIFICATION – The Site reserves the right, in its discretion, to change or modify all or any part of these Terms and Conditions at any time for any reason or no reason. Changes to the cancellation or refund terms and rate increases will be effective fifteen (15) days notice to existing subscribers. Any other changes will be effective immediately once they are posted on the Site. Your continued use of the Site constitutes your binding acceptance of these Terms and Conditions, including any changes made by the Site, as permitted above. If you desire not to be bound by any modification of these Terms and Conditions, you should stop using the website. The updated, online version of these Terms and Conditions shall supersede any prior version.
AUTHORIZATIONS AND PERMISSION TO SEND EMAILS TO YOU – You hereby authorize and permit notices, advertisements, E-mail and other communications to be sent to You from Company or its authorized agents, assigns, representatives, advertisers and contractors by means of e-mail, including without limitation e-mails, advertisements, notices and other communications. Moreover, You agree that Your authorization and permission to Company to send You such materials and communications shall continue to be in effect unless and until You notify Company that You wish to be deleted from Company’s email list. The subscriber hereby warrants and represents that he or she is over the age of 18, and in all respects is qualifiedand competent to enter into this agreement. Forward Looking Statements & Customer Testimonials – Movement Marketers, or other company staff forward looking statements that may or may not reflect your experience with Movement Marketer’s offers. You agree that you understand that some or all of the testimonials on the this website are for promotional purposes and may or may not be from real users. These testimonials are used to reflect an average or non typical user experience and are strictly for promotional purposes.
These Terms of Service (collectively, these “Terms of Service”) are agreed to as of this day by you (the “User,” “you” or “your”) and Yatmo, LLC ("Yatmo"). These Terms of Service set forth the terms and conditions that apply to your access to and use of jedientrepreneurs.com and our related technology systems (collectively, the “Website”). These Terms of Service also set forth the terms and conditions that apply to the use of the Website and any User’s subscription or purchase of any online service or product offered by Yatmo (collectively, “Online Services”).
Compliance with These Terms of Service
If you are a resident of the United States (including its possessions and territories), you agree to the Arbitration Agreement and class action waiver described in the
Section below to resolve any disputes with Yatmo (except for matters that may be taken to small claims court).
Using our Website and Online Services
You shall not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, create derivative works of or make commercial use of the content on our Website (“Content”). You shall also not, and you shall not attempt to or otherwise authorize, encourage, or support a third party’s attempts to, circumvent, re-engineer, decrypt, break, or otherwise alter or interfere with our Website in any manner. You shall also not reproduce, modify, distribute, sell, or otherwise transfer any rights in and/or to any Content. You shall not metatag, provide links to, frame, or mirror our Website without the prior express written permission of Yatmo.
You acknowledge that you are solely responsible for providing and maintaining all equipment, hardware, software and means of communication, and charges for all related services, for your access to and use of the Website and our Online Services.
Intellectual Property Rights
The name Yatmo and other trade names, URLs, and Website domain names owned and/or operated by Yatmo, and their graphics, logos, page headers, button icons, scripts, and service names are copyrights, service marks, trademarks and/or trade dress of Yatmo (collectively, the “Proprietary Marks”). You may not use the Proprietary Marks without the prior express written permission of Yatmo, which permission may be withheld in Yatmo's sole discretion. Yatmo makes no proprietary claim to any third party names, trademarks, or service marks appearing on our Website. Any third party names, trademarks, and service marks are property of their respective owners.
The Content, downloads, and other data and information viewable on, contained in, or downloadable from our Website and the Proprietary Marks, and all other intellectual property, proprietary rights, or other rights related to tangible and intangible property which are used, developed, comprising, embodied in, or provided in connection with our Website and Online Services (collectively, the “Intellectual Property”), including, without limitation, all text, graphics, charts, pictures, photographs, images, line art, icons, and renditions, are copyrighted or trademarked by, or otherwise licensed to, Yatmo or its Content suppliers. All software used for our Website (the “Software”) is the property of Yatmo or its software vendors and is protected by U.S. and international copyright laws. Viewing, reading, printing, downloading, or otherwise using the Intellectual Property does not entitle you to any ownership or intellectual property rights in and/or to the Intellectual Property or the Software.
You shall be solely responsible for any damage resulting from your infringement of Yatmo or any third party’s intellectual property rights regarding the Proprietary Marks, the Intellectual Property the Software, and/or any other harm incurred by Yatmo or any third party as a direct or indirect result of your copying, distributing, redistributing, transmitting, publishing, or using the same for purposes that are contrary to the terms and conditions of these Terms of Service or applicable law.
Notwithstanding anything to the contrary herein, links from the Website are provided as a convenience to the visitors thereof. No third party website that is linked to the Website or the content thereof has been developed by Yatmo and Yatmo has not reviewed, and is not responsible for, the content of any such third party websites.Yatmo makes no guarantees, representations, or warranties as to, and shall have no liability for, any content contained in or derived from any third party website.
By using our Website or using an Online Service, you consent to receive communications from Yamto electronically. Although Yamto may choose to communicate with you by other means, Yamto may also choose to solely communicate with you electronically by e-mail or by posting notices on our Website. You agree that all agreements, notices, disclosures, and other communications that Yatmo sends to you electronically satisfy any legal requirement that such communications be in writing.
Orders shipping to destinations outside the United States might incur duties and taxes. If duties and taxes are imposed on your order, they are due at time of delivery. Please consult your local customs office for more details about your country’s duties and taxes. We are not responsible for any import taxes, duties, or brokerages fees which may be incurred on your international order shipment.
Disclaimer of Warranties
ALL CONTENT CONTAINED ON YATMO's WEBSITE OR NEWSLETTER, OR ANY OTHER PRODUCTS OR MATERIALS PROVIDED BY OR THROUGH YATMO OR WHICH IS OTHERWISE DERIVED OR ACQUIRED BY ANY PERSON THEREFROM IS “AS IS”, “WHERE IS” AND “WITH ALL FAULTS”. YATMO MAKES NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. YATMO HEREBY SPECIFICALLY DISCLAIMES ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ANY AND ALL OTHER IMPLIED WARRANTIES. Notwithstanding any other agreement or other communications to the contrary, receipt or use of any content contained on the Website or Online Services, or that is derived or acquired by User therefrom at any time and through any means, whether directly or indirectly, represents such User’s acknowledgement of this Disclaimer of warranties and his or her agreement with the terms and conditions contained herein.
If you want to request a refund, or your services are malfunctioning or unavailable,
contact our customer service [email protected] to report the issue(s) you are experiencing. Yatmo may offer a refund however, we reserve the right to repair any malfunctioning or unavailable services in lieu of refunding them at the discretion of Yatmo.
To qualify for a refund, customers must comply with the following provisions.
1. If the you purchased the Self Study Program or Study with Joe & Jay Program and want a refund, the customer must contact our Customer Service Department at [email protected] within the first 30 days from the date of purchase of the program and show Yatmo that the You (the customer) did the work and You (the customer) is no not getting results. You (the customer) has to show Yatmo that the customer did the work and are not getting results in order to get a refund. Yatmo reserves the right to refuse a refund if the customer can not show the work was done correctly. Yatmo reserves the right to work with you (the customer) one on one to get you (the customer) results in lieu of refunding you (the customer) at the discretion of Yatmo. Refunds for our Self Study Program or Study with Joe & Jay Program are ONLY granted within the first 30 days from the date of purchase. After 30 days, ALL SALES ARE FINAL.
2. In order to receive a refund, you must contact Our Customer Service Department at [email protected] (available 24 hours a day, 7 days a week). If a refund is warranted, you will be provided a refund to the payment method on file with Name of Company. In instances of fraud where the credit or debit card has been compromised or is no longer valid a credit will be issued to the customer’s account for future services, or an alternate method for the refund may be arranged.
3. In instances where a refund is warranted due to services malfunctioning or unavailable and agreed to by Yatmo, customers are restricted to receiving a refund for the time period of the reported malfunctioning or unavailable services. Multiple refunds for purchases processed in multiple months are not permitted unless there is a record of the customer contacting Yatmo to report the malfunctioning or unavailable services previously - i.e. We will only consider refunding the most recent month’s transaction not multiple past months, without a record of past reports by the customer and notwithstanding there is evidence submitted to prove such occurrence.
4. We reserve the right to refuse a refund to any customer who repeatedly requests refunds or who, in our
judgment, requests a refund in bad faith.
5. In all cases, in order for a refund to be processed, you will need to confirm the details of your account
and verify your identity.
6. A refund will be processed using automated processes and you will receive an email confirmation
when your refund has been processed by Yatmo. Please note that depending on the processing standards and procedures of the bank who administers your credit or debit card, a refund can take up to thirty (30) days to appear in your account or appear on your account statement. If there is a question as to the status of your refund, please contact our customer service at 719.377.9776.
If you initiate a chargeback or otherwise reverse a payment made with your credit or debit card without
first contacting Yatmo Customer Service at 719.377.9776, Yatmo may in its discretion terminate your account immediately. If Yamto successfully disputes the reversal, and the reversed funds are returned, you are not entitled to a refund or to have your account reinstated.
Physical Product Return Policy
Yamto’s Physical Product Return Policy applies to your purchase of any products from the Yamto through the Website (collectively, the “Product”). If you ordered an incorrect Product or need to return a Product for other reasons, you may return the Product to the Company for a refund within thirty (30) days of delivery of the Product to you, subject to the following terms and conditions:
You must first contact Yamto by e-mail at [email protected] by telephone at 719-377-9776 to request a Returned Material Authorization (RMA) number. Write the RMA number on the shipping label of each box to be returned. Please be advised that any Product returned without an RMA number or returned beyond 30 days of delivery of the Product to you, will not be accepted and will be returned to you at your expense.
Products must be un-opened in their original packaging to be accepted for return. If Yamto elects to accept the return of an opened Product (which it may decline in its sole discretion), such opened Products are subject to a 20% restocking fee.
Yamto does not reimburse shipping costs to return an item.
Return packages with insufficient postage will not be accepted.
Products must be returned and received by Yamto in original condition. We will not accept Products damaged in return transit, so please be sure to package the Product well and consider insuring the package. No returns/refunds/exchanges on discontinued items and clearance items.
If Products are originally purchased with a Gift Certificate Voucher, a Gift Certificate Voucher will be given as payment for return. Yatmo's refund policy only applies to Products, and does not apply to any courses, memberships, registrations or subscriptions to Online Services.
To return an item, please call 719-377-9776, and ship to the address we provide.
Membership and Billing
If you selected one of our payment options with recurring billing, by starting your program and providing or designating a Payment Method, you authorize us to charge you a monthly program fee at the then current rate, and any other charges you may incur in connection with your use of the Yatmo service to your Payment Method. You acknowledge that the amount billed each month may vary from month to month for reasons that may include differing amounts due to promotional offers, including gift card redemption and promotional code redemption, and you authorize us to charge your Payment Method for such varying amounts, which may be billed monthly in one or more charges.
If you selected one of our payment options with recurring billing, the program fee for our service will be billed at the beginning of the paying portion of your program and each month thereafter until paid in full. We automatically bill your Payment Method each month on the calendar day corresponding to the commencement of your paying program.
Program fees are fully earned upon payment.
We reserve the right to change the timing of our billing, in particular, as indicated below, if your Payment Method has not successfully settled. In the event your paying membership began on a day not contained in a given month, we may bill your Payment Method on a day in the applicable month or such other day as we deem appropriate. For example, if you started your program or became a paying member on January 31st, your next payment date is likely to be February 28th, and your Payment Method would be billed on that date. Your renewal date may change due to changes in your Membership.
PAYMENTS ARE NONREFUNDABLE AND THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED PERIODS. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period. At any time, and for any reason, we may provide a refund, discount, or other consideration to some or all of our members ("credits"). The amount and form of such credits, and the decision to provide them, are at our sole and absolute discretion. The provision of credits in one instance does not entitle you to credits in the future for similar instances, nor does it obligate us to provide credits in the future, under any circumstance.
You may edit your Payment Method information by emailing [email protected] If a payment is not successfully settled, due to expiration, insufficient funds, or otherwise, and you do not edit your Payment Method information or cancel your account (see, "Cancellation" below), you remain responsible for any uncollected amounts and authorize us to continue billing the Payment Method, as it may be updated. This may result in a change to your payment billing dates. For certain Payment Methods, the issuer of your Payment Method may charge you a foreign transaction fee or other charges. Check with your Payment Method service provider for details.
Disclaimers of Warranties and Limitations on Liability
THE YATMO SERVICE AND ALL CONTENT AND SOFTWARE ASSOCIATED THEREWITH, OR ANY OTHER FEATURES OR FUNCTIONALITIES ASSOCIATED WITH THE YATMO PRODUCTS AND SERVICES, ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. YATMO DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE YATMO SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE. YATMO SPECIFICALLY DISCLAIMS LIABILITY FOR THE USE OF APPLICATIONS, DEVICES, SOFTWARE (INCLUDING THEIR CONTINUING COMPATIBILITY WITH OUR SERVICE).
TO THE EXTENT PERMISSIBLE UNDER APPLICABLE LAWS, IN NO EVENT SHALL YATMO, OR ITS SUBSIDIARIES OR ANY OF THEIR SHAREHOLDERS, DIRECTORS, OFFICERS, EMPLOYEES OR LICENSORS BE LIABLE (JOINTLY OR SEVERALLY) TO YOU FOR PERSONAL INJURY OR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES. THEREFORE, SOME OF THE ABOVE LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.
From time to time, Yatmo may endorse, promote or suggest services and/or products. Yatmo’s recommendations will be based solely on Yatmo’s determination that the service/product is of value to Users based on a review thereof by Yatmo, and/or Yatmo’s relationship with the provider/producer of such service/product and/or Yamto’s prior usage of such service/product. Yatmo may be compensated for its recommendations. Yatmo may receive sample services/products for the purpose of conducting a review thereof. Yatmo’s policy is to conduct to the best of its ability an unbiased review of such services/products. If a service/product does not meet Yatmo’s standards or expectations, or is deemed unsafe or is likely to be unsafe, such findings will be noted in the corresponding review of such service/product. Notwithstanding the foregoing, no review shall be deemed to be a guarantee, representation or warranty as to the suitability of any service/product for any particular purpose, and no review should be relied upon by any person in making a determination to purchase, acquire or utilize any such service/product. The determination to utilize any service/product for which Yatmo provides a review shall be solely the responsibility of the person utilizing such service/product and Yamto shall not be liable in any way as a result of any such person’s use of any such service/product.
Limitation on Liability of Yatmo
Any liability of Yatmo, whether in contract, tort, negligence, or otherwise, shall be limited in the aggregate to direct and actual damages not to exceed the fees received by Yatmo from any User in connection with such use of, registration for and subscription to any Online Services. Yatmo will not be liable for any losses, damages, claims, costs, expenses or other liabilities resulting directly or indirectly from the use of or reliance upon any content contained in the Website or Online Services. Without limitation, Yatmo shall not be responsible or liable for any loss or damages, either directly or indirectly, related to (1) any loss of any kind; (2) an inability to access or utilize, or any delay in accessing or utilizing, the Website or any links contained therein to or from any other websites or content; (3) any information or content not contained on the Website, or the failure of Yatmo to provide, or any delay in providing, any particular content, or any error in the transmission of any content; or (4) the use of any content contained on the Website in any way that may be deemed unsuitable for its intended purpose or that is against industry standards.
If you elect to seek arbitration or file a small claim court action, you must first send to Yatmo by certified mail, a written Notice of your claim ("Notice"). The Notice to Yatmo must be addressed to: General Counsel, Yatmo, 9770 S. Military Trail B-4 Suite 264, Boynton Beach,Ffl,33436 ("Notice Address"). If Yatmo initiates arbitration, it will send a written Notice to the email address used for your program/membership account. A Notice, whether sent by you or by Yatmo, must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought ("Demand"). If Yatmo and you do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or Yatmo may commence an arbitration proceeding or file a claim in small claims court.
You may download or copy a form Notice and a form to initiate arbitration at www.adr.org. If you are required to pay a filing fee, after Yatmo receives notice at the Notice Address that you have commenced arbitration, Yatmo will promptly reimburse you for your payment of the filing fee, unless your claim is for greater than US$10,000, in which event you will be responsible for filing fees.
The arbitration will be governed by the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (collectively, "AAA Rules") of the American Arbitration Association ("AAA"), as modified by this Agreement, and will be administered by the AAA. The AAA Rules and Forms are available online at www.adr.org, by calling the AAA at 1-800-778-7879, or by writing to the Notice Address. The arbitrator is bound by the terms of this Agreement. All issues are for the arbitrator to decide, including issues relating to the scope and enforceability of this arbitration agreement. Unless Yatmo and you agree otherwise, any arbitration hearings will take place in the county (or parish) of your residence.
If your claim is for US$10,000 or less, we agree that you may choose whether the arbitration will be conducted solely on the basis of documents submitted to the arbitrator, through a telephonic hearing, or by an in-person hearing as established by the AAA Rules. If your claim exceeds US$10,000, the right to a hearing will be determined by the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. If the arbitrator issues you an award that is greater than the value of Yatmo's last written settlement offer made before an arbitrator was selected (or if Yatmo did not make a settlement offer before an arbitrator was selected), then Yatmo will pay you the amount of the award or US $1,000, whichever is greater. Except as expressly set forth herein, the payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
YOU AND YATMO AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Yatmo agree otherwise, the arbitrator may not consolidate more than one person's claims with your claims, and may not otherwise preside over any form of a representative or class proceeding. If this specific provision is found to be unenforceable, then the entirety of this arbitration provision shall be null and void. The arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.
We reserve the right to amend these Terms of Service at our sole discretion and at any time. You should review these Terms of Service periodically to check for amendments. We will post notice of modifications and additions to these terms on this page. Changes will not apply retroactively and will become effective immediately after they are posted. However, changes addressing new functions for an Online Service or changes made for legal reasons will be effective immediately.