Terms of Use

 

Terms of Use

Please read the Terms of Use ("Site Terms") carefully before you use our website and any other content or services available by or through sistahoftheyam.com ("Website"). By using our Website or by clicking to accept or agree to our Site Terms, you accept and agree to be bound and abide by our Site Terms and by Our Privacy Policy, incorporated herein by reference. Our Website is offered and available to users who are 18 years of age or older. By accessing or using our Website, you represent and warrant that you are of legal age to form a binding contract with Sistah Of The Yam, LLC. If you do not meet this requirement, you must not access or use Our Website.

Our Website is owned by Sistah Of The Yam, LLC ("We", "Us", "Our" or "sistahoftheyam"). Our Website gives users the ability to consume content, post comments, testimonials, and other user generated content, and to purchase access to a variety of educational material, including workshops, courses, and online, streaming and downloadable content on a subscription or other basis, including our courses (collectively, the "Courses") subject to these Site Terms.

You agree that all transactions will be performed electronically and that the terms of the purchase of access to and use of any online Course will be governed by Our Terms of Sale disclosure. We may, in our sole discretion, change or discontinue any or all aspects of our Website at any time, without notice, and without liability to you.

About The Site Terms

The Site Terms have the same effect as an agreement in writing and govern your use of our Website. We may modify the Site Terms at any time. If you do not agree to the changes, you may discontinue using our Website before the changes take effect. Your continued use of our Website after any such changes take effect constitutes your acceptance to such changes. Each time you visit or log into our Website, you reaffirm your acceptance of the Site Terms. You are responsible for regularly reviewing the Site Terms. The Site Terms are supplemented by additional terms and conditions applicable to privacy and other areas of our Website, or to particular content or transactions posted in particular areas of our Website and, together with these Site Terms, govern your use of those areas, content, or transactions.

Disclaimer

Our Website, Courses, and products and services include information and instruction relating to wellness topics, such as diet, nutrition, health and wellness, food healing, use of herbal ingredients, and personal growth, collectively “Our Content”). You acknowledge and agree that the following warnings and disclaimers shall apply to all of Our Content.

Before participating in any diet, nutritional, or health and wellness, program or using such products or services that may be described and/or made accessible in or through our Website and/or our Courses, we strongly recommend that you consult with a physician or other healthcare provider. Sistah Of The Yam, LLC and its staff are not licensed medical care providers, therapists, psychiatrists, psychologists, relationship counselors, life coaches, first responders or any other kind of professional care provider (“Professional Care Provider”) and have no expertise in advising on, diagnosing, examining, or treating medical, psychological, emotional, relationship or personal growth conditions of any kind (“Conditions”), or in determining the effect of any specific action, activity, routine or program (e.g., exercise or diet) on a medical condition or any other Condition. While some of Sistah Of The Yam’s content providers may be Professional Care Providers, Sistah Of The Yam, its staff and its content providers are not rendering professional advice of any kind to you personally, including without limitation, medical, psychological, emotional, relationship or personal growth advice, counseling, therapy, treatment or coaching (“Professional Advice”), but are merely providing general education and information to you about wellness topics.

You acknowledge and agree that when participating in any diet, nutrition, health and wellness, food healing, herbal, and personal growth or other activity or program described in our Content, and/or when using such products or services described or provided in or through Our Content, there is the possibility of emotional distress, harm, and/or physical injury and you assume the risk and responsibility for any such results.  Our Wellness Content is not meant to be a substitute for Professional Advice from Your Professional Care Provider and We make no warranties, express or implied, as to the completeness, accuracy, or appropriateness for any purpose of any information or content contained in our Content.   You are encouraged to consult with your health care provider or other Professional Care Provider with any questions or concerns you may have regarding any health condition or any other condition that you may have before starting any wellness program, making changes to your diet or engaging in any other activity or program described in Our Content.

If you know or suspect that you may be pregnant, have an eating disorder, have diabetes, or have any other physical, psychological, emotional or medical condition, it is imperative that you seek the advice of your doctor or other Professional Care Provider prior to using Our Content. If you experience any discomfort or distress, we encourage you to cease the activity and seek the assistance of a physician or other applicable Professional Care Provider.

Terms and Conditions

1. We May Discontinue or Suspend Our Website or Terminate Your Use. We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our Website (or any part thereof) with or without notice. In addition, we reserve the right to terminate your access to our Website for any reason. You agree that we shall not be liable to you or any third party for any such termination, or modification, suspension or discontinuance of our Website or if for any reason all or any part of Our Website is unavailable at any time or for any period.

2. Your Access to our Website and Prohibited Uses. To access our Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Website that all the information you provide on our Website is correct, current and complete. You agree that all information you provide to our Website is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

You may use our Website only for lawful purposes and in accordance with these Site Terms. You agree not to use our Website for any of the following purposes:

  • To violate any applicable federal, state, local or international law or regulation (including the rules governing import/export of data or software).

  • To exploit, harm or attempt to exploit or harm minors in any way.

  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with the Content Standards We may specify from time to time on our Website.

  • To directly or indirectly transmit any advertising or promotional material without our prior written consent.

  • To impersonate or attempt to impersonate Us, any of our employees or other service providers, another user or any other person or entity (including, electronically).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Website, or which, as determined by us, may harm Us or users of our Website or expose them to liability.

Additionally, you agree not to:

  • Use our Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the site.

  • Use any robot, spider or other automatic device, process or means to access Our Website for any purpose.

  • Use any manual process to monitor or copy any of the material on our Website or for any other unauthorized purpose without our prior written consent.

  • Use any device, software or routine that interferes with the proper working of our Website.

  • Introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of Our Website, the server on which Our Website is stored, or any server, computer or database connected to Our Website.

  • Attack Our Website via a denial-of-service attack or a distributed denial-of-service attack, or otherwise attempt to interfere with the proper working of Our Website.

3.  You Grant Us Certain Rights When You Submit Content to Us. Our Website (and all content, including individual articles, blogs, videos, content and other elements) is protected by copyright as a collective work or compilation under the copyright laws of the United States and other countries, and we (subject to the rights of Our licensors and licensees under applicable arrangements) have all rights therein. These Site Terms permit you to use our Website for your personal, non-commercial use only.

4. Your Use of Our Content is Restricted. You must not do any of the following:

  • Modify copies of any materials from Our Website.

  • Use any illustrations, photographs, video or audio sequences or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark or other proprietary rights notices from copies of materials.

  • Access or use for any commercial purposes any part of our Website or any services or materials available through Our Website.

Unless expressly stated or permitted by Us in writing, you may make no other use of the content available on our Website. If you wish to make any use of material on our Website other than that set out in this section, please address your request to: support@sistahoftheyam.com.

Our name and logo and all related names, logos, product and service names, designs and slogans are trademarks of Sistah Of The Yam or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs and slogans on our Website are the trademarks of their respective owners.

By posting or submitting content on or to our Website (regardless of the form), you are granting us, and our affiliates, agents and third party contractors a perpetual, worldwide, irrevocable, royalty free, nonexclusive and sublicensible right and license to display, broadcast or publish such content on our Website, related sites and social media and in any affiliated publications, whether online, in print or via other media or technologies (either in the form submitted or in the form of a derivative or adapted work), to store such content, and to distribute such content and use such content in any lawful manner and for any lawful purpose, including commercial, promotional and marketing purposes. You understand and agree that we may (or may permit users to) compile, re-edit, adapt or modify your video submission, or create derivative works therefrom.

You represent and warrant to us that (a) you are legally capable to enter into contracts, (b) you are providing us at all times true, accurate and up to date information about yourself, (c) you will comply at all times with the Site Terms and applicable law, and (d) your use of our Website and any transactions that you make with us will not violate the rights of any third party. In addition, you agree that you shall be solely responsible for your own submissions and the consequences of posting or publishing them. This includes, for example, any personal information, such as your home address, the home address of others, or your current location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING OR POSTING ANY PERSONAL OR OTHER INFORMATION ON OUR WEBSITE. You may not post content intended to provide professional advice, including the provision of medical advice, or advertising of any kind.

In connection with each of your submissions, you affirm, represent, and/or warrant that:

(I) you own or have the necessary licenses, rights, consents, and permissions to use and authorize us to use all patent, trademark, trade secret, copyright or other proprietary rights in and to any and all such submissions to enable inclusion and use of such submissions in the manner contemplated by us and these Site Terms; and

(II) you have the written consent, release, and/or permission of each and every identifiable individual person in such submissions to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of such submissions in the manner contemplated by us and these Site Terms. In furtherance of the foregoing, you agree that you will not:

  1. submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; or

  2. post advertisements or solicitations of business. We reserve the right to remove or not publish submissions without prior notice.

The following content standards apply to your posts or submissions of content on or to our Website. All of such posts and submissions must in their entirety comply with all applicable federal, state, local and international laws and regulations. Without limiting the foregoing, your posts and submissions on or to our Website must not:

  • Contain any material which is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory or otherwise objectionable.

  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.

  • Infringe any patent, trademark, trade secret, copyright or other intellectual property or other rights of any other person.

  • Violate the legal rights of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Site Terms and Our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote or assist any unlawful act.

  • Cause annoyance, inconvenience or needless anxiety or be likely to upset, embarrass, alarm or annoy any other person.

  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes and other sales promotions, barter or advertising other than with our express prior written permission.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

5. You Have Rights if You Believe Your Copyright is Being Infringed. If you believe any materials accessible on or from Our Website infringe your copyright, you may request removal of those materials (or access to them) from Our Website by submitting written notification to Our Copyright Agent (designated below). In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) ("DMCA"), the written notice (the "DMCA Notice") must include substantially the following:

  • Your physical or electronic signature.

  • Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works on Our Website, a representative list of such works.

  • Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.

  • Adequate information by which we can contact you (including your name, postal address, telephone number and, if available, e-mail address).

  • A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent or the law.

  • A statement that the information in the written notice is accurate.

  • A statement, under penalty of perjury, that you are authorized to act on behalf of the copyright owner.

Our designated Copyright Agent to receive DMCA Notices is:

Taylor at support@sistahoftheyam.com

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective.

Please be aware that if you knowingly materially misrepresent that material or activity on our Website is infringing your copyright, you may be held liable for damages (including costs and attorneys' fees) under Section 512(f) of the DMCA.

6. We are Not Responsible For and Do Not Necessarily Hold the Opinions Expressed by Our Content Contributors. Opinions and other statements expressed by users and third parties (e.g., bloggers or users who contribute content via any forum, response Q&A platform or otherwise on Our Website) are theirs alone, not opinions of Sistah Of The Yam. Sistah Of The Yam and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders do not undertake or assume any duty to monitor our Website for inappropriate or unlawful content. Sistah Of The Yam and its affiliates, successors, assigns, employees, agents, directors, officers and shareholders assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding the foregoing, Sistah Of The Yam reserves the right to block or remove communications, postings or materials at any time in Our sole discretion.

7. You Will Be Responsible for Any Harm We Suffer as a Result of Your Violation of These Site Terms or Any Breach by You of Your Representations and Warranties. You agree to indemnify and hold harmless Sistah Of The Yam and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents, and licensors, from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation by you of these Site Terms or any breach by you of your representations and warranties hereunder. We reserve the right to take over the exclusive defense of any claim for which we are entitled to indemnification under this Section 7. In such event, you shall provide us with such cooperation as is reasonably requested by us.

8. Your Use of Our Website is Subject to Certain Disclaimers. OUR WEBSITE IS AVAILABLE “AS IS.” WE DO NOT WARRANT THAT OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE. THERE MAY BE DELAYS, OMISSIONS, INTERRUPTIONS AND INACCURACIES IN THE NEWS, INFORMATION OR OTHER MATERIALS AVAILABLE THROUGH OUR WEBSITE. WE DO NOT MAKE ANY WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  WE DO NOT GUARANTEE OR WARRANT THAT WEBSITE OR MATERIALS THAT MAY BE DOWNLOADED FROM OUR WEBSITE DO NOT CONTAIN SUCH DESTRUCTIVE FEATURES. WE ARE NOT LIABLE FOR ANY DAMAGES OR HARM ATTRIBUTABLE TO SUCH FEATURES. IF YOU RELY ON OUR WEBSITE AND ANY MATERIALS AVAILABLE THROUGH OUR WEBSITE, YOU DO SO SOLELY AT YOUR OWN RISK. OUR WEBSITE MAY CONTAIN VARIOUS COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS, STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT ON OUR WEBSITE IS OBTAINED, AND THE INHERENT HAZARDS OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR INACCURACIES IN SUCH CONTENT.

9. We May be Legally Compelled to Disclose Certain Information. You agree that in the event we receive a subpoena issued by a court or from a law enforcement or government agency, we shall comply with such subpoenas without your consent or prior notice to you and may disclose your IP address, username, name, IP location or other information in response thereto.

10. Our Liability to You is Limited. Sistah Of The Yam and its affiliates, and their respective members, directors, officers, managers, employees, shareholders, agents and licensors are not liable for incidental, indirect, consequential, special, punitive, or exemplary damages of any kind, including, without limitation, lost revenues or profits, loss of business or loss of data, in any way related to our Website or the Online Courses, or for any claim, loss or injury based on errors, omissions, interruptions or other inaccuracies in our Website or the Online Courses (including, without limitation, as a result of breach of any warranty or other term of these Site Terms). Any claim against us shall be limited to the amount you paid, if any, for use of Our Website or the applicable Online Course. Some states do not allow the exclusion or limitation of liability of consequential or incidental damages, so the above exclusions may not apply to all users; in such states liability is limited to the fullest extent permitted by law.

11. You Will Transact with Us Electronically. You agree to transact with us electronically. This means that if you wish to transact or communicate with Us, you agree to do so by electronic means. You authorize us to send you important notices about our Website and any pending transactions to an email address you provide to us, if you have purchased access to an Online Course or otherwise provided your email address to Us or, in the alternative, by posting a notice on our Website. It is your duty to keep your email address up to date and to maintain a valid email address and to ensure that emails we send you are not filtered or stopped by spam filters or other types of email blocking functionalities. If you no longer desire to transact electronically with us, you may no longer use our Website.

12. You May Not Share Your Username and Password. In the event you are provided with a user name and/or password to access any part of Our Website, including without limitation, the Online Courses to which you have purchased access, you agree not share, give or sell your password or user name to any other person or company. Excessive viewings or logins by you will be construed by Us as fraudulent use of services, which will result in the immediate cancellation of your access to the Online Course without refund.

13. We Do Not Target Children Under Age 13. Due to the nature of the Internet, we cannot prohibit minors from visiting Our Website, including without limitation, our Online Courses. Our Website and Our Online Courses are not directed toward children under the age of 13 and we do not knowingly collect information from children under the age of 13 through our Website or the Online Courses. If you believe that a child has provided information to us through our Website or the Online Courses, please contact us by email at support@sistahoftheyam.com. We will use our best efforts to remove all of the information provided by the child from our system.

14. You Need to Bring any Action Against Us Within One Year. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to our Website, your use of our Website, or your access to and use of the Online Courses or these Site Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.

15. You Must Abide by Applicable International Laws. Due to the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.

16. Any Dispute Between Us Will be Governed by Commonwealth of Pennsylvania Law: These Site Terms shall be governed by the laws of the United States and the Commonwealth of Pennsylvania, applicable to agreements made and to be performed therein without regard to conflict of laws principles. YOU IRREVOCABLY CONSENT AND WAIVE ALL OBJECTION TO PERSONAL JURISDICTION AND VENUE IN THE STATE AND FEDERAL COURTS LOCATED IN COMMONWEALTH OF PENNSYLVANIA AND YOU SHALL NOT COMMENCE OR PROSECUTE ANY SUIT OR ACTION EXCEPT IN THE FOREGOING COURTS.

If any provision of these Site Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent, such that the remaining provisions of these Site Terms will continue in full force and effect. These Site Terms and our Privacy Policy and Terms of Sale referred to herein constitute the sole and entire agreement between you and Sistah Of The Yam, LLC with respect to our Website and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to our Website. Sections 3, 5 through 10, 14, and this Section 16 shall survive termination or lapse of these Site Terms.

BY CONTINUING TO USE OUR WEBSITE, YOU AGREE TO ABIDE BY THESE SITE TERMS.

Last Updated: July 30, 2018