The Lost Coyote Legal Statement and Terms of Use

TheLostCoyote.com Legal Notice and Terms of Service

THESE TERMS OF SERVICE (TOS) GOVERN YOUR USE OF THE LOST COYOTE WEBSITE, WHICH IS PROVIDED BY THELOSTCOYOTE.COM. BY ACCESSING THIS SITE, YOU ARE INDICATING YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THESE TERMS OF USE.

THESE TERMS OF USE ARE SUBJECT TO CHANGE BY THELOSTCOYOTE.COM AT ANY TIME IN ITS DISCRETION. YOUR USE OF THIS WEBSITE AFTER SUCH CHANGES ARE MADE CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE UPDATED TERMS OF USE.

Description of Service

TheLostCoyote.com provides users with access to a rich collection of resources including financial and other business-related content, various communications tools, forums, personalized content and branded programming through its network of properties (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for TheLostCoyote.com to provide the Service. You also understand and agree that the service may include certain communications from TheLostCoyote.com, such as service announcements, administrative messages from the TheLostCoyote.com, and that these communications are considered part of TheLostCoyote.com membership and you will not be able to opt out of receiving them. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new TheLostCoyote.com properties, shall be subject to the Terms of Use. You understand and agree that the Service is provided "AS-IS" and that TheLostCoyote.com assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings. You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

TheLostCoyote.com Privacy Policy

Registration and certain other information about you is subject to our Privacy Policy. For more information, see our full privacy policy at:

http://thelostcoyote.com/privacy.html

Links to Other Websites

TheLostCoyote.com may provide, or third parties may provide, links to other World Wide Web sites or resources. Because TheLostCoyote.com has no control over such sites and resources, you acknowledge and agree that TheLostCoyote.com is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.

You further acknowledge and agree that TheLostCoyote.com does not guarantee, warrant or assume responsibility for the accuracy of information obtained from other websites, and shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT THELOSTCOYOTE.COM SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THELOSTCOYOTE.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

No Third Party Beneficiaries

You agree that, except as otherwise expressly provided in this Terms of Use, there shall be no third party beneficiaries to this Agreement.

Notice

TheLostCoyote.com may provide you with notices, including those regarding changes to the Terms of Use, by either email, regular mail, or postings on the Service.

Trademark Information

TheLostCoyote.com, the TheLostCoyote.com logo and other TheLostCoyote.com product and service names are trademarks of TheLostCoyote.com (the "TheLostCoyote.com Marks"). Without TheLostCoyote.com's prior permission, you may not display or use the TheLostCoyote.com Marks in any way, shape or form.

Disputes

As part of the consideration that TheLostCoyote.com requires for viewing and interacting with this website, Visitor agrees to use binding arbitration for any claim, dispute, or controversy of any kind (whether in contract, tort or otherwise) arising out of or relating to a purchase, this product, including solicitation issues, privacy issues, and terms of use issues.

Arbitration shall be conducted pursuant to the rules of the American Arbitration Association, which are in effect on the date a dispute is submitted to the American Arbitration Association. Information about the American Arbitration Association, its rules, and its forms are available from the American Arbitration Association, 335 Madison Avenue, Floor 10, New York, New York, 10017-4605. Hearing will take place in the city or county of TheLostCoyote.com.

In no case shall the viewer, visitor, member, subscriber or customer have the right to go to court or have a jury trial. Viewer, visitor, member, subscriber or customer will not have the right to engage in pre-trial discovery except as provided in the rules; you will not have the right to participate as a representative or member of any class of claimants pertaining to any claim subject to arbitration; the arbitrator's decision will be final and binding with limited rights of appeal.

The prevailing party shall be reimbursed by the other party for any and all costs associated with the dispute arbitration, including attorney fees, collection fees, investigation fees, travel expenses.

Entire Agreement

The Terms of Use constitute the entire agreement between you and TheLostCoyote.com and govern your use of the Service, superceding any prior agreements between you and TheLostCoyote.com. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other TheLostCoyote.com services, affiliate services, third-party content or third-party software.

Choice of Law and Forum

The Terms of Use and the relationship between you and TheLostCoyote.com shall be governed by the laws of the State of Oregon without regard to its conflict of law provisions. You and TheLostCoyote.com agree to submit to the personal and exclusive jurisdiction of the courts located within the county of Wheeler, Oregon.

Waiver and Severability of Terms

The failure of TheLostCoyote.com to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use 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 parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect.

Statute of Limitations

You 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 the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose.

Violations

If you are aware of any violations of the Terms of Use, please Contact Us.

This legal notice is Current as of