Terms and Conditions | Mysite Copy

TERMS AND CONDITIONS OF USE

Last Updated: 04/17/2023

The following Terms and Conditions of Use (“Terms”) are entered into by and between

You and JKC Psych LLC (“Company,” “we” or “us”).

These Terms, together with our Privacy Policy, and any other documents expressly

incorporated by reference, govern your use of the website www.jkcpsych.com and

www.jkcpsych.com (“Website”), including all materials, resources, information, and services on the Website, whether as a guest or registered user.

Your access to and use of the Website is conditioned on your acceptance of and

compliance with these Terms. These Terms apply to all visitors, users, customers, and

others who access or use the Website.

By accessing or using the Website, or by clicking to accept or agree to the Terms

& Conditions of Use when this option is made available to you, you agree to be

bound by these Terms, without modification, and acknowledge reading them. If

you disagree with any part of the Terms, you may not access the Website.

Your use of the Website is also subject to the Company’s Privacy Policy. Please review

our Privacy Policy, which also governs the Website and informs users of our data

collection practices. Your agreement to the Privacy Policy is hereby incorporated into

these Terms.

USE OF THE WEBSITE

To access or use the Website, you must be 18 years of age or older and have the

requisite power and authority to enter into these Terms. Children under the age of 18

are prohibited from using the Website. Information provided on the Website and any

resources provided on or available for download from the Website are subject to

change. The Company makes no representation or warranty that the information

provided, regardless of its source, is accurate, complete, reliable, current, or error-free.

The Company disclaims all liability for any inaccuracy, error, or incompleteness in the

information provided.

The Company reserves the right to withdraw or amend this Website and any service or

material provided on the Website in its sole discretion without notice. The Company will

not be liable if, for any reason, all or any part of the Website is unavailable at any time

or for any period. From time to time, the Company may restrict access to some parts of

the Website, or the entire Website, to users, including registered users.

LAWFUL PURPOSES

You may use the Website for lawful purposes only. You agree to be financially

responsible for all purchases made by you or someone acting on your behalf through

the Website. You agree to use the Website and to purchase services or products

through the Website for legitimate, non-commercial purposes only. You shall not post or

transmit through the Website any material that violates or infringes the rights of others,

or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity

rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas,

recipes, or instructions, that encourages conduct that would constitute a criminal

offense, give rise to civil liability, or otherwise violate any law.

FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY

The information contained on this Website and the resources, information, webinars,

videos, blog posts, courses, downloads, and/or products available through this Website,

whether free or paid, (the “Resources”) are for educational and informational purposes

only. The Company assumes no responsibility for errors or omissions in the contents of

the Website.

USE OF FREE DOWNLOADABLE CONTENT

The Company may make resources on this Website accessible to users in exchange for

providing an e-mail address (“Gated Content”). The Company grants you a limited,

personal, non-exclusive, non-transferable license to use the Gated Content for your own

personal or internal business use. Except as otherwise provided, you acknowledge and

agree that you have no right to modify, edit, copy, reproduce, create derivative works of,

reverse engineer, alter, enhance or in any way exploit any of the Gated Content in any

manner.

By accessing or downloading the Gated Content, you agree that the Gated Content you

may only be used by you for your personal or internal business use and may not be sold

or redistributed without the express written consent of the Company.

By accessing downloading the Gated Content, you further agree that you shall not

create any derivative work based upon the Gated Content and you shall not offer any

competing products or services based upon any information contained in the Gated

Content.

MATERIAL YOU SUBMIT TO THE WEBSITE

By posting, uploading, submitting, inputting, providing, or otherwise making available

any artwork, photos, written works, or other media, including feedback and suggestions

(collectively, “Submissions”), you are granting the Company, our affiliated companies,

and any necessary sub-licensees a worldwide, nonexclusive, irrevocable license to use

your Submission for promotional, business development, and marketing purposes

including, without limitation, the right 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.

We claim no intellectual property rights over the Submissions you supply to the

Company. You retain copyrights and any other rights you may rightfully hold in any

Submissions that you submit through the Website.

You shall not upload, post, submit, input or otherwise make available on the Website

any Submissions protected by copyright, trademark, or other proprietary right without

the express written permission of the owner of the copyright, trademark, or other

proprietary right, and the burden of determining that any Submissions are not so

protected rests entirely with you. You shall be liable for any damage resulting from any

infringement of copyrights, trademarks, or other proprietary rights, or any other harm

resulting from such a Submission.

For all Submissions submitted by you to the Website, you automatically represent or

warrant that you own or otherwise control all the rights to your Submission described

herein including the authority to use and distribute the Submission, and that the use or

display of the Submission as contemplated in this section will not violate any laws, rules,

regulations, or rights of third parties. You agree to hold the Company harmless from and

against all claims, liabilities, and expenses arising out of any potential or actual

from Submissions you submit through the Website.

You further you grant us the right to use your Submission for the purpose of improving

our Website, products or services (and for any other purpose we deem necessary or

desirable) without being obliged to pay you any compensation for our use of your

Submission. The Company is under no obligation to post or use any Submission you

may provide and may remove any Submission at any time in the Company’s sole

discretion. If you do send us unsolicited ideas, such ideas will be deemed

non-confidential, and we will not be required to provide any acknowledgement of their

source.

OUR INTELLECTUAL PROPERTY

The Website contains intellectual property owned by the Company, including

trademarks, copyrights, proprietary information, and other intellectual property. We

reserve all rights in and to our common law and registered trademarks, service marks,

copyrights, and other intellectual property rights, including but not limited to text,

graphics, photographs, video, design, and packages, belonging to the Company or to

our licensors (“IP”). You may not modify, publish, transmit, participate in the transfer or

sale of, create derivative works from, distribute, display, reproduce or perform, or in any

way exploit in any format whatsoever any of our IP in whole or in part, without our prior

written consent. We reserve the right to immediately block your access to the Website

and remove you from any service, without refund, if you are caught violating this

intellectual property policy.

You are granted a non-exclusive, non-transferable, revocable license to access and use

the Website and the resources available for download from the Website (the “Content”)

strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to the Company that you will not

use the Content for any purpose that is unlawful or prohibited by these Terms. You may

not use the Content in any manner that could damage, disable, overburden, or impair

the Website or interfere with any other party’s use and enjoyment of the Website. You

may not obtain or attempt to obtain any materials or information through any means not

intentionally made available or provided for through the Website.

All content included as part of the Content, such as text, graphics, logos, images, as

well as the compilation thereof, and any software used on the Website, is the property

of the 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

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.

The Content is not for resale. Your use of the Content 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 individual use and will make no other use of the Content without

the express written permission of the 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 the Company or our

licensors except as expressly authorized by these Terms.

The Company name, the Company logo, the Company slogan, and all related names,

logos, product and service names, designs, and slogans are trademarks of the

Company or its affiliates or licensors. You must not use such marks without the prior

written permission of the Company. All other names, logos, product and service names,

designs and slogans on this Website are the trademarks of their respective owners.

CHANGED TERMS

We may amend these Terms, including our Privacy Policy, at any time. The date of the

last revision will be indicated by the “Last updated” date at the top of this page. Such

amendments are effective immediately upon notice to you by us posting the new Terms

on this Website. We reserve the right to update any portion of our Website, including

these Terms, at any time. If you continue to use our Website after we have made

revisions, your continued use constitutes consent to the revised Terms and Privacy

Policy.

WARRANTIES

While we make every effort to ensure that the content on this Website is free from

errors, we do not give any warranty or other assurance as to the accuracy,

completeness, timeliness or fitness for any particular purpose of the content and

materials on this site beyond reasonable efforts to maintain the site. TO THE MAXIMUM

EXTENT PERMITTED BY LAW, WE PROVIDE OUR WEBSITE AND RELATED

INFORMATION AND SERVICES ON AN "AS IS" AND “AS AVAILABLE” BASIS

WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY

KIND (WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE) INCLUDING

BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT,

MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE.

ERRORS AND OMISSIONS

This Website is a public resource of general information that is intended, but not

promised or guaranteed, to be correct, complete, and up to date. We have taken

reasonable steps to ensure that the information contained in this Website is accurate,

but we cannot represent that this Website is free of errors. You accept that the

information contained on this Website may be erroneous and agree to conduct due

diligence to verify any information obtained from this Website and/or the Resources

prior to taking any action. You expressly agree not to rely upon any information

contained in this Website or in the Resources.

LIMITATION OF LIABILITY

YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS

THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER

OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS

WEBSITE AND/OR IN THE RESOURCES. YOU AGREE THAT THE COMPANY

SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING

DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL

LOSS OR DAMAGES FOR USE OF THIS WEBSITE AND/OR THE RESOURCES.

ADDITIONALLY, THE COMPANY IS NOT LIABLE FOR DAMAGES IN CONNECTION

WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF

SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION

OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS

OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR

DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED

ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY,

REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN

ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE,

CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY, EVEN IF THE

COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE

FORESEEN THE DAMAGES.

IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF

LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST

EXTENT PERMITTED BY LAW. IN NO EVENT SHALL THE COMPANY’S TOTAL

LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF ANY PRODUCTS

OR SERVICES YOU HAVE PURCHASED FROM THE COMPANY.

AVAILABILITY

Your use of the Website and any associated services may sometimes be subject to

interruption or delay. Due to the nature of the Internet and electronic communications,

we and our service providers do not make any warranty that our Website or any

associated resources or services will be error-free, without interruption or delay, or free

from defects in design. We will not be liable to you should our Website or the resources

or services supplied through our Website become unavailable, interrupted or delayed

for any reason.

MALICIOUS CODE

Although we endeavor to prevent the introduction of viruses or other malicious code

(“malicious code”) to our Website, we do not guarantee or warrant that our Website, or

any data available on the Website, does not contain malicious code. We will not be

liable for any damages or harm attributable to malicious code. You are responsible for

ensuring that the process you employ for accessing our Website does not expose your

computer system to the risk of interference or damage from malicious code.

SECURITY

The security of your contact information is of utmost importance to us. However, you

acknowledge the risk of unauthorized access to, or alteration of, your data. We do not

accept responsibility or liability of any nature for any losses you may sustain as a result

of such unauthorized access or alteration. All information transmitted to or from you is

transmitted at your own risk, and you assume all responsibility and risks arising in

relation to your use of this Website and the internet. We do not accept responsibility for

any interference or damage to your computer system that may arise in connection with

your access of this Website or any outbound hyperlinks.

THIRD PARTY RESOURCES

The Website contains links to third party websites and resources. You acknowledge and

agree that we are not responsible or liable for the availability, accuracy, content, or

policies of third-party websites or resources. Links to such websites or resources do not

imply any endorsement by or affiliation with the Company. You acknowledge sole

responsibility for and assume all risk arising from your use of any such websites or

resources.

The Company may, from time to time, provide information from a third party in the form

of a guest post or interview, in written, audio, video, or other medium. The Company

does not control the information provided by such third-party guests, is not responsible

for investigating the truth of any information provided and cannot guarantee the veracity

of any statements made by such guests.

REVIEWS

At various times, we may provide reviews of products, services, or other resources.

This may include reviews of books, services, and/or software applications. Any such

reviews will represent the good-faith opinions of the author of such review. The products

and services reviewed may be provided to the Company for free or at a reduced price

as an incentive to provide a review. Regardless of any such discounts, we will provide

honest reviews of these products and/or services. You recognize that you should

conduct your own due diligence and should not rely solely upon any reviews provided

on this website.

We will disclose the existence of any discounts or incentives received in exchange for

providing a review of a product. If you would like more information about any such

discounts and incentives, send an email to jkcpsych@gmail.com that includes the title of

the reviewed product as the subject line. We will respond via email and disclose any

incentives or discounts we received in association with any such review.

AFFILIATE LINKS

From time to time, the Company may participate in affiliate marketing and may allow

affiliate links to be included on some of our pages. This means that we may earn a

commission if/when you click on or make purchases via affiliate links.

As a policy, the Company will only affiliate with products, services, coaches,

consultants, and other experts that we believe will provide value to our customers and

followers.

The Company will inform you when one of the links constitutes an affiliate link.

You recognize that it remains your personal responsibility to investigate whether any

affiliate offers are right for you or your business and will benefit you. You will not rely on

any recommendation, reference, or information provided by the Company but will

instead conduct your own investigation and will rely upon your investigation to decide

whether to purchase the affiliate product or service.

NO ENDORSEMENTS

From time to time, the Company may refer to other products, services, coaches,

consultants, and/or experts. Any such reference is not intended as an endorsement or

statement that the information provided by the other party is accurate. The Company

provides this information as a reference for users. It is your responsibility to conduct

your own investigation and make your own determination about any such product,

service, coach, consultant, and/or expert.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses,

damages, settlements, liabilities, costs, charges, assessments, and expenses, as well

as third party claims and causes of action, including, without limitation, attorney’s fees,

arising out of your breach of any of these Terms, your use of the Website, its content,

and any product or service purchased from the Website, or your failure to maintain the

confidentiality and/or security of your password or access rights to this Website and its

resources. You shall provide us with such assistance, without charge, as we may

request in connection with any such defense, including, without limitation, providing us

with such information, documents, records, and reasonable access to you, as we deem

necessary. You shall not settle any third-party claim or waive any defense without our

prior written consent.

EFFECT OF HEADINGS; SEVERABILITY

The subject headings of the paragraphs and subparagraphs of this Agreement are

included for convenience only and shall not affect the construction or interpretation of

any of its provisions. If any portion of these Terms are held to be unenforceable or

contrary to law, such portion shall be construed in accordance with applicable law so as

to best accomplish the objectives of the original provision to the fullest extent allowed by

law, and the remainder of the provisions shall remain in full force and effect.

ENTIRE AGREEMENT; WAIVER

These Terms, together with the Privacy Policy, constitute the entire agreement between

you and the Company pertaining to the Website and supersedes all prior and

contemporaneous agreements, representations, and understandings between us. Any

waiver by us of a breach of or right under these Terms will not constitute a waiver of any

other or subsequent breach or right. No waiver shall be binding unless executed in

writing by the Company.

GOVERNING LAW; JURISDICTION; MEDIATION

These Terms, including with the Privacy Policy, shall be construed in accordance with,

and governed by, the laws of the State of JKCPSYCH and the courts of JKCPSYCH shall have jurisdiction to hear and determine any dispute arising in relation to these Terms. You agree that any proceeding relating to use of this site must be filed exclusively in the appropriate courts located in JKCPSYCH and you submit to the jurisdiction of those courts and waive any objection based on an inconvenient forum or other reasons.

The parties agree to attempt to resolve any dispute, claim, or controversy arising out of

or relating to these Terms by mediation. The parties further agree that their respective

good faith participation in mediation is a condition precedent to pursuing any other

available legal or equitable remedy, including litigation, arbitration, or other dispute

resolution procedures.

All rights not expressly granted in these Terms are reserved by us. If you do not see a

usage scenario here that applies to your intended usage contact us at

jkcpsychinfo@jkcpsych.com.

CONTACT INFORMATION

The owner of this website is JKC PSYCH, LLC. You may contact us by email at

jkcpsychinfo@jkcpsych.com