Terms & Conditions
Effective Date: September 30, 2021
PLEASE READ THE FOLLOWING TERMS & CONDITIONS RELATING TO YOUR USE OF THIS WEBSITE AND THE PRODUCTS AND SERVICES PROVIDED HEREUNDER CAREFULLY. THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS. BY USING OUR EDUCATIONAL MATERIALS AND SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ AND REVIEWED THESE TERMS IN THEIR ENTIRETY, YOU AGREE TO THESE TERMS AND THESE TERMS CONSTITUTE BINDING AND ENFORCEABLE OBLIGATIONS ON YOU.
Thank you for visiting kathrynjanicek.com. These Terms & Conditions describe the terms and conditions on which we provide you with access to, and govern the use of, the kathrynjanicek.com, and any other sites that we control (collectively referred to as the “WEBSITE”). By i) using kathrynjanicek.com, ii) purchasing any products or services from Kathryn Janicek Productions, LLC , “COMPANY” or iii) utilizing any of the products or services from COMPANY through this WEBSITE, you are deemed to have agreed to these Terms & Conditions. We reserve the right to modify them at any time. Please check these Terms & Conditions periodically for changes. If at any time you choose not to accept these Terms & Conditions of use, do not use this WEBSITE. Any information, education, video, service or product provided by us is conditioned upon your acceptance of this Terms & Conditions Agreement. By using our WEBSITE, you represent that you lawfully consent to U.S. jurisdiction for all purposes on our WEBSITE as if a resident of the U.S., and have the right, authority and capacity to enter into these Terms & Conditions Agreement.
Kathrynjanicek.com is an E-commerce WEBSITE which
offers content, products, programs and consulting services related to media and public speaking training.
WEBSITE” refers to the WEBSITE at www.kathrynjanicek.com, its subdomains, and related domains.
This WEBSITE is owned and operated by Kathryn Janicek Productions, LLC.
Visiting WEBSITE or sending emails to Kathryn Janicek Productions, LLC constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the WEBSITE, satisfy any legal requirement that such communications be in writing.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, WILL WE OR ANY OF OUR LICENSORS OR SUPPLIERS BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS ON THE WEBSITE, OR ANY PRODUCTS OR SERVICES PROVIDED PURSUANT TO THE WEBSITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY TO YOU BY US OR ANY OF OUR LICENSORS OR SUPPLIERS FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR ACCESSING THE WEBSITE.
NO PERSONAL ADVICE
The information contained in or made available through this WEBSITE (including but not limited to information contained on message boards, in text files, in products, from services, in webinars or in chats) cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, psychological, financial, medical, or legal matters. In particular, you should regularly consult a doctor in all matters relating to physical or mental health, particularly concerning any symptoms that may require diagnosis or medical attention. Further, you should regularly consult a lawyer in all matters relating to interacting with other people to assure yourself you are behaving in compliance with law, including but not limited to laws related to harassment, assault or other similar laws. We and our licensors or suppliers make no representations or warranties concerning any treatment, action, or application of medication or preparation by any person following the information offered or provided within or through the WEBSITE (including but not limited to any product or service purchased, utilized or otherwise obtained from this WEBSITE). Neither we nor our partners, or any of their affiliates, will be liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to economic loss, injury, illness or death.
If you use this WEBSITE, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that COMPANY is not responsible for third party access to your account that results from theft or misappropriation of your account. COMPANY and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion. You agree to immediately notify us of any unauthorized use of your username and password.
COMPANY does not knowingly collect, either online or offline, personal information from persons under the age of 13. If you are under 18, you may use WEBSITE only with permission of a parent or guardian.
MATERIALS POSTED ON THE WEBSITE
All materials posted on our WEBSITE are protected by the copyright laws in the United States. We authorize users to view or download materials solely for personal, noncommercial use so long as you include the copyright notice that is noted on the Content. Any special rules associated with specific Content may be noted in the Content and are hereby incorporated into these Terms & Conditions by reference.
Title to the Content remains with Kathryn Janicek Productions, LLC or its licensors. Any use of the Content not expressly permitted by these Terms & Conditions is a breach of these Terms & Conditions and may violate copyright, trademark, and other laws. Content and features are subject to change or termination without notice in the editorial discretion of Kathryn Janicek Productions, LLC. All rights not expressly granted herein are reserved to Kathryn Janicek Productions, LLC and its licensors. If you violate any of these Terms & Conditions, your permission to use the materials automatically terminates and you must immediately destroy any copies you have made of any portion of the materials.
The WEBSITE and the Content are provided on an “as is” basis. KATHRYN JANICEK PRODUCTIONS, LLC, ITS LICENSORS, AND SUPPLIERS, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE.
Without limiting the foregoing, Kathryn Janicek Productions, LLC, its licensors, and its suppliers make no representations or warranties about the following:
- The accuracy, reliability, completeness, currentness, or timeliness of the Content, software, text, graphics, links, or communications provided on our Site.
- The satisfaction of any government regulations requiring disclosure of information on prescription drug products or the approval or compliance of any software tools with regard to the Content.
In no event shall Kathryn Janicek Productions, LLC, its licensors, its suppliers, or any third parties mentioned on the WEBSITE be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits, or damages resulting from lost data or business interruption) resulting from the use of or inability to use the WEBSITE, whether based on warranty, contract, tort, or any other legal theory, and whether or not Kathryn Janicek Productions, LLC, its licensors, its suppliers, or any third parties mentioned on the WEBSITE are advised of the possibility of such damages. To the extent the exclusion of damages is not allowed, Kathryn Janicek Productions, LLC, its licensors, its suppliers, or any third parties mentioned on the WEBSITE shall be liable only to the extent of actual damages incurred by you, not to exceed U.S. $1,000. Kathryn Janicek Productions, LLC, its licensors, its suppliers, or any third parties mentioned on the WEBSITE are not liable for any personal injury, including death, caused by your use or misuse of the WEBSITE or Content. Any claims arising in connection with your use of the WEBSITE or any Content must be brought within one (1) year of the date of the event giving rise to such action occurred. Remedies under these Terms & Conditions are exclusive and are limited to those expressly provided for in these Terms & Conditions.
OUR COMMITMENT TO DATA SECURITY
While COMPANY takes reasonable and appropriate precautions to protect your personally identifiable information from unauthorized disclosure and to prevent possible security breaches in our WEBSITE, Services, and customer databases, no website, Internet transmission, computer system, or wireless connection is completely secure. Consequently, COMPANY cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur. Your use of the WEBSITE and Services is at your own risk. COMPANY urges you to take steps to keep your information safe by memorizing your password or keeping it in a safe place (separate from your account information), logging out of your User Account, and closing your Web browser.
Whenever you give COMPANY sensitive or confidential information (for example, credit card numbers for Purchases), COMPANY will take commercially reasonable steps to protect the information by establishing a secure connection with your Web browser. COMPANY employs a security technology known as a secure-socket-layer (“SSL”) to protect the transmission of payment information to the WEBSITE. Unless otherwise specified herein or on the WEBSITE where you make a Purchase, credit card numbers are used only for payment processing and are not retained for marketing purposes.
You may cancel subscription to our communications at any time. Any cancellations made after 30 days will not qualify for a refund. Please contact us at firstname.lastname@example.org with any questions.
LINKS TO THIRD PARTY WEBSITES/THIRD PARTY SERVICES
WEBSITE may contain links to other (“Linked WEBSITEs”). The Linked WEBSITEs are not under the control of COMPANY and COMPANY is not responsible for the contents of any Linked WEBSITE, including without limitation any link contained in a Linked WEBSITE, or any changes or updates to a Linked WEBSITE. COMPANY is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by COMPANY of the WEBSITE or any association with its operators.
Certain services made available via WEBSITE are delivered by third party WEBSITEs and organizations. By using any product, service or functionality originating from the WEBSITE domain, you hereby acknowledge and consent that COMPANY may share such information and data with any third party with whom COMPANY has a contractual relationship to provide the requested product, service or functionality on behalf of WEBSITE users and customers.
NO UNLAWFUL OR PROHIBITED USE/INTELLECTUAL PROPERTY
- Hacking, mail-bombing, flooding, overloading, or making “denial of service” attacks; probing, scanning or testing the vulnerability of the website or any server, network or system associated with the website; breaching or circumventing firewall, encryption, security or authentication routines; accessing data not intended for you, or accessing another’s account that you are not expressly authorized to access;
- Using any automated program, tool or process (including web crawlers, robots, bots, spiders, and automated scripts) to access our WEBSITE or any server, network or system associated with the website, or to extract, collect, harvest or gather Content or information from the website.
- Framing, mirroring, or otherwise creating a browser or border environment around any page or content of our WEBSITE, or linking to any internal page or area of our WEBSITE without our prior written authorization
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the WEBSITE, is the property of COMPANY or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the WEBSITE. COMPANY content is not for resale. Your use of the WEBSITE does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use, and will make no other use of the content without the express written permission of COMPANY and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of COMPANY or our licensors except as expressly authorized by these Terms.
You shall not copy, reproduce, sell, rent, lease, distribute, transfer, modify, adapt, sublicense, translate, or make derivative works from any content or portion of our services or website. You shall not remove, alter or tamper with any copyright, trademark or other proprietary rights or legal notices contained from any portion of our services or website. You further shall not decompile, disassemble, reverse engineer, or otherwise attempt to discover or derive any proprietary software code or information associated with our services or website.
USE OF COMMUNICATION SERVICES
The WEBSITE may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, falsely state or otherwise misrepresent your affiliation with any person or entity, or use any fraudulent, misleading, or inaccurate email address or other contact information, restrict or inhibit any other user from using and enjoying the Communication Services; engage in spamming or flooding, access or use (or attempt to access or use) another user’s content without permission, violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
COMPANY has no obligation to monitor the Communication Services. However, Kathryn Janicek Productions, LLC reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. COMPANY reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
COMPANY reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in COMPANY’s sole discretion.
Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. COMPANY does not control or endorse the content, messages or information found in any Communication Service and, therefore, COMPANY specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized COMPANY spokespersons, and their views do not necessarily reflect those of COMPANY.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
MATERIALS PROVIDED TO WEBSITE OR POSTED ON ANY COMPANY WEB PAGE
By posting, uploading, inputting, providing or submitting your Submission you are granting Kathryn Janicek Productions, LLC, our affiliated companies and necessary sublicensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. COMPANY is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in COMPANY sole discretion.
By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions. You further warrant that your Submission does not and will not infringe, misappropriate, use or disclose without authorization, or otherwise violate any intellectual property or proprietary rights of any third party, You hereby consent to the use of your likeness, and you acknowledge you have obtained the written consent, release, and/or permission of every identifiable individual who appears in a Submission to use such individual’s likeness, or if any such identifiable individual is under the age of eighteen (18), you have obtained such written consent, release and/or permission from such individual’s parent or guardian (and you agree to provide to us with a copy of any such consents, releases and/or permission upon our request). And, you grant an irrevocable, nonexclusive right to the Submissions to the COMPANY, without compensation.
You agree not to upload, post, email or otherwise send or transmit any material that: (1) contains viruses, worms, Trojan horses, defects, date bombs, time bombs or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment associated with our Site; (2) is abusive, illegal, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights or otherwise objectionable or which may give rise to liability or violate any law; (3) is in violation of a copyright, trademark or other intellectual property or other right of any person; (4) requests personally identifiable information; or (5) contains any advertisement, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication.
OUR USE OF INFORMATION SUBMITTED
You agree that we are free to use any comments, information, reviews, feedback, postings, materials, photographs, artwork, ideas, or any other content contained in your Submission or any communication you may send to us, without notice, compensation or acknowledgement to you, for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and services and creating, modifying or improving our WEBSITE or other products or services.
Any ideas and/or suggestions that you submit to us will be owned by the COMPANY, and you hereby irrevocably assign any intellectual property rights in such ideas and suggestions to the COMPANY.
THIRD PARTY ACCOUNTS
You will be able to connect your COMPANY account to third party accounts. By connecting your COMPANY account to your third party account, you acknowledge and agree that you are consenting to the continuous release of information about you to others (in accordance with your privacy settings on those third party WEBSITEs). If you do not want information about you to be shared in this manner, do not use this feature.
Unless otherwise noted, all trademarks, service marks and trade names of Kathryn Janicek Productions, LLC used on our WEBSITE are trademarks or registered trademarks of Kathryn Janicek Productions, LLC in the U.S. and/or other countries. They may not be used without our prior express written permission.
The entire content of our WEBSITE, including but not limited to text, graphics and code, is the COMPANY’S property. We grant you permission to electronically copy and print hard copy portions of our WEBSITE solely for your own personal, non-commercial use, provided that you do not change or delete any proprietary notices from downloaded or printed materials. Any other use, including but not limited to the reproduction, distribution, display or transmission of our WEBSITE content is strictly prohibited, unless authorized by us in writing.
We respect the intellectual property rights of others and will take appropriate steps to protect the intellectual property rights of third parties if it receives notice in accordance with the Digital Millennium Copyright Act. If you believe your copyright or the copyright of another has been infringed on, please provide the COMPANY with a written notice containing the following information:
- a physical or electronic signature of the person authorized to act on behalf of the owner of the copyright interest that you believe has been infringed;
- an identification of the copyrighted work that you claim has been infringed;
- a description of where the material that you claim is infringed is located on the site;
- information on how to contact you including your address, telephone number, and email address, if available;
- a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
- a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Claims of infringement should be e-mailed to the following address: email@example.com
The Service is controlled, operated and administered by COMPANY from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the COMPANY Content accessed through WEBSITE in any country or in any manner prohibited by any applicable laws, restrictions or regulations. We do not represent or warrant that the WEBSITE or any part thereof are appropriate or available for use in any particular jurisdiction. Those who choose to access the WEBSITE do so on their own initiative and at their own risk, and are responsible for complying with all local laws, rules, and regulations. We may limit the WEBSITE availability, in whole or in part, to any person, geographic area or jurisdiction we choose, at any time and in our sole discretion
You agree to indemnify, defend and hold harmless COMPANY, its officers, directors, employees, members, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the WEBSITE or services, any user postings made by you, your violation of these Termsor your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. You are solely responsible for defending any such claims, subject to our right to participate with counsel of its own choosing, and for payment of all judgments, settlements, damages, losses, liabilities, costs, and expenses, including reasonable attorneys’ fees, resulting from such claims, provided that you will not agree to any settlement related to any such claims without our prior express written consent regardless of whether or not such settlement releases us from any obligation or liability. COMPANY reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with COMPANY in asserting any available defenses.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME.
COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT OUR WEBSITE OR THE SERVER THAT MAKES THIS WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN THE EVENT OF ANY BREACH OF ANY WARRANTY, YOUR EXCLUSIVE REMEDY SHALL BE THAT WE SHALL, AT OUR OPTION, REPAIR, REPLACE, OR REFUND THE PRICE YOU PAID FOR ANY DEFECTIVE GOODS. WE ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS ON OUR SITE; ANY FAILURES, DELAYS OR INTERRUPTIONS IN OUR WEBSITE ACCESSIBILITY; ANY LOSSES OR DAMAGES ARISING FROM THE USE OF OUR SITE; OR ANY CONDUCT BY OTHER USERS OF OUR SITE. WE RESERVE THE RIGHT TO DELIVER OUR WEBSITE IN ITS SOLE AND ABSOLUTE DISCRETION. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING MAY NOT APPLY TO YOU.
COMPANY TAKES NO RESPONSIBILITY WHATSOEVER FOR THE INFORMATION YOU HAVE UPLOADED TO THE WEBSITE AND SHALL NOT BE RESPONSIBLE OR LIABLE FOR THE DELETION, CORRECTION, DESTRUCTION, DAMAGE, OR LOSS OF SUCH INFORMATION, OR FAILURE TO STORE ANY OF SUCH INFORMATION, NOR IS COMPANY RESPONSIBLE FOR THE LOSS OF INFORMATION THROUGH THE ACTION OF ANY THIRD PARTY OR BECAUSE OF CIRCUMSTANCES BEYOND COMPANY’S CONTROL. ALL USERS ARE EXPECTED TO HAVE THEIR OWN BACKUP OF ALL FILES AND INFORMATION UPLOADED TO THE WEBSITE.
Some states do not allow the exclusion of certain damages, so the above may not apply to you. If any authority holds any portion of this section to be unenforceable, then liability will be limited to the fullest possible extent permitted by law.
COMPANY reserves the right, in its sole discretion, to terminate your access to the WEBSITE and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the State of Illinois and you hereby consent to the exclusive jurisdiction and venue of courts in Illinois in all disputes arising out of or relating to the use of the WEBSITE. Use of the WEBSITE is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and COMPANY as a result of this agreement or use of the WEBSITE. COMPANY’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of COMPANY’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the WEBSITE or information provided to or gathered by COMPANY with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and COMPANY with respect to the WEBSITE and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and COMPANY with respect to the WEBSITE. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
You agree that any dispute, claim, controversy, suit, action, cause of action, demand or proceeding arising out of or relating in any way to our Site, these Terms & Conditions, and your access and use of our WEBSITE or Content (“Dispute(s)”) shall be subject to the following terms contained within this Dispute Resolution provision. For the avoidance of any doubt, the WEBSITE includes any websites that we control.
Any dispute, claim, or controversy regarding the validity, scope or interpretation of this Dispute Resolution provision shall be determined by binding arbitration in Cook County, Illinois, under the laws of the State of Illinois, and administered by the American Arbitration Association under its Consumer Arbitration Rules. This arbitration provision shall survive termination of any other section within the Terms & Conditions.
Waiver of Right to Pursue Class Action Claims
You and COMPANY agree that each may bring claims or otherwise resolve Disputes against the other party only on an individual basis, and waive any right to pursue any claims as a plaintiff of class member in any purported class or representative action or proceeding. Further, you and COMPANY agree that a Dispute will not be brought as a class or other type of representative action, whether within or outside of arbitration, or on behalf of you or any other individual or group of individuals.
Limitation on Time to Bring an Action
You agree that regardless of any statute or law to the contrary, any Dispute brought by you must be filed within one (1) year after such claim or cause of action arose, and that thereafter such claim or cause of action will forever be barred.
Waiver of Jury Trial
BY AGREEING TO THESE TERMS, BOTH YOU AND COMPANY AGREE THAT IN ANY ACTION OR PROCEEDING ARISING FROM, UNDER, OR PURSUANT TO THE TERMS, OR IN ANY WAY RELATED TO ANY DISPUTE, YOU AND COMPANY MUST, AND DO HEREBY, ABSOLUTELY WAIVE AND UNCONDITIONALLY WAIVE TRIAL BY JURY.
Agreement to Arbitrate Claims
Except for Disputes in which either party seeks to bring an individual action in small claims court and that qualifies to be filed in small claims court (“Small Claims Dispute”), you and COMPANY agree that all other Disputes shall be resolved by final and binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (“AAA Rules”) and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof.
The seat and venue of arbitration shall be Cook County, Illinois, but you and COMPANY may agree to conduct the arbitration by telephone, online and/or solely based on written submissions. The arbitration shall be governed by the laws of the State of Illinois, without regard to its conflict-of-laws provisions. In making determinations regarding the scope of exchange of electronic information, the arbitrator(s) and the parties agree to be guided by The Sedona Principles, Third Edition: Best Practices, Recommendations & Principles for Addressing Electronic Document Production.
Time is of the essence for any arbitration under this agreement and arbitration hearings shall take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) shall agree to these limits prior to accepting appointment.
All arbitration proceedings will be confidential and all records relating thereto will be permanently sealed to the fullest extent possible under applicable law. Neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties, except as may be required by law.
The arbitrator(s) will have the power to grant whatever relief would be available in court under law or in equity and any award of the arbitrator will be final and binding on each of the parties. The arbitrator(s) will not, however, have the power to award punitive damages, exemplary damages, or attorneys’ fees, the right to which each party hereby waives. The arbitrator(s) also does not have the power to vary the class action waiver provisions. Each party shall bear their own costs and expenses. Payment of all filing, administration and arbitrator fees will be governed by the AAA Rules.
These Terms affect interstate commerce and the enforceability of this provision shall be both governed by and construed and enforced in accordance with the Federal Arbitration Act, 9 U.S.C. § 1 et seq. (the “FAA”), to the maximum extent permitted by applicable law.
Notwithstanding the foregoing, however, you and COMPANY agree that COMPANY may commence and maintain an action or proceeding seeking injunctive or other equitable relief in any court of competent jurisdiction, if COMPANY so chooses.
If any term of this Dispute Resolution provision 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 terms remain in full force and effect.
If you elect to seek arbitration or file a small claims action, you must first send a certified written Notice of your claim (“Notice”) to: firstname.lastname@example.org.
The Notice must (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought. If you and COMPANY do not reach an agreement to resolve the claim within 30 days after the Notice is received, you or COMPANY may commence an arbitration proceeding or file a claim in small claims court.
CHANGES TO TERMS
COMPANY reserves the right, in its sole discretion, to change the Terms under which WEBSITE is offered. Such changes will be effective immediately upon posting. The most current version of the Terms will supersede all previous versions. It is your responsibility to periodically visit this page to review the most current version of the Terms & Conditions. Your continued use of our the WEBSITE following such change will indicate your acceptance to the most recent Terms & Conditions.
Kathryn Janicek Productions, LLC welcomes your questions or comments regarding the Terms:
Email Address: email@example.com
Telephone number: (312) 566-8216
When addressing financial matters in any of our Sites, videos, newsletters, recordings or other content, we’ve taken every effort to ensure we accurately represent our programs and their ability to grow your business and improve your life. This being said, there is no guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations. This is not a “get rich tomorrow” magical solution.
None of the content on any of our Sites is a promise or guarantee of earnings. Your level of success in attaining results is entirely dependent on many factors, including your work experience, skill, discipline, relationships, and resources.
Be clear that by law we make no guarantees that you will achieve any specific result (financial or otherwise) from any content, ideas, frameworks or systems presented on any of our sites and we offer no professional, legal, medical, personal or financial advice.