-Terms of Use
-Disclosures and Disclaimers
-Payment, Cancellation and Refund Policy
-Privacy Policy
-Notice and Procedure for Making Claims of Copyright Infringement
-Social Media Policy
TERMS OF USE
Last Revised: February 29, 2016
1) Your Acceptance of Terms of Use
Please carefully read the following Terms of Use before using the Jennifer Kelman™ websites offered by Jennifer Kelman Inc. ("JKI") www.TherapywithJK.com on JKI’s social media sites such as Facebook, Twitter and YouTube; by telephone, text and email; and through services such as Skype and FaceTime (collectively, the "Site"). By accessing and using the Site, you acknowledge that you have read and understand and agree to be bound by these Terms, including the Disclosures, Payment, Cancellation and Refund Policy and Privacy Policy, which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use this Site or any of its content.
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENTS ARE SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms of Use may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Site after that date. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.
2) Permitted Users of Site
The order pages and Communication Services (as defined below) on the Site are directed to persons 18 years of age or older. JKI and the Site do not knowingly provide services to or collect information from children under age 18. If you are under age 13, you are not permitted to use the Site or to submit any personally identifiable information to the Site. If you provide information to the Site, you represent and warrant to JKI that you are 18 years of age or older. If you are 13-17 years of age, you may not submit personal information to the Site, but you may visit, browse and use the information and educational materials on the Site, and you represent and warrant to JKI that you have the permission of your parent or guardian to do so and that your parent or guardian agrees to these Terms of Use on your behalf. If you are a parent or guardian and believe JKI or the Site may have inadvertently collected personal information from your child under age 18, please notify JKI immediately by sending an email to [email protected] detailing the basis of your belief and your request to JKI.
3) Permitted Use of Site
The content available through the Site (the "Content") is the sole and exclusive property of JKI and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site or the Content other than as expressly authorized in advance by JKI in writing. Use of the Site or the Content in any way not expressly permitted by these Terms of Use is prohibited, and may be actionable under United States or international law. You agree not to access the Site by any means other than through a standard web browser.
So long as you agree and comply with the Terms of Use, you are permitted to view and use the Site and the Content solely for your own information and education and for ordering of services or purchase of products offered at the Site. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Site or the Content unless expressly authorized by JKI. You agree that you will not remove or modify any acknowledgements, credits, disclosures, disclaimers or legal notices contained on the Site or in the Content.
The prices displayed on the Site are quoted in U.S. dollars net of any applicable taxes and are valid and effective only for sales in the United States. JKI reserves the right to change its prices at any time and to decline to honor any typographical errors. Special terms may apply to some products or services offered on the Site and may be posted in connection with the applicable product, service, feature or activity. Any such terms are in addition to these Terms of Use and, in the event of a conflict, any such terms shall prevail over these Terms of Use.
4) Privacy Policy
Please review the Privacy Policy for this Site. If you do not agree with the Privacy Policy, you are not authorized to use the Site. The terms of the Privacy Policy are incorporated in these Terms of Use by reference.
5) Coaching and Therapy Disclosure
Please review the Disclosures and Disclaimers for the Site and services offered by JKI. If you do not agree with the Disclosures and Disclaimers, you are not authorized to use the Site. The terms of the Disclosures are incorporated in these Terms of Use by reference.
6) Proprietary Rights
You acknowledge and agree that, as between JKI and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by JKI or its licensors and are protected by United States intellectual property and other applicable laws.
Copyright: All content included in the Site, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of JKI or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of using the Site for personal use, information and education; placing an order on the Site; or receiving services through the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Site is strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to JKI. Without limiting the foregoing, Jennifer Kelman™ and Jennifer Kelman Inc. are trademarks of JKI. Unauthorized use of any trademark of JKI may be a violation of trademark laws. Any third party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement or recommendation by JKI or of JKI by the third parties.
7) Your Indemnity of JKC
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD JKI, ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND OTHERS ACTING IN CONCERT WITH THEM, AND THEIR SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY OR ON BEHALF OF YOU OR ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE SITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF JKI OR ANY THIRD PARTY.
8) User Generated Content
Communications Services: The Site may contain blogs, chat areas, forums, contests, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with the Site and with other users of the Site (collectively, “Communication Services”). Where the Site seeks your submissions, you acknowledge that your submissions may be or become available to others. You agree to use the Communication Services only for your personal use in connection with your personal information and educational purposes. You agree only to post, send and receive messages and materials that are proper and related to the particular Communication Service.
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms of Use. This list is not meant to be exhaustive, and JKI reserves the right to determine what types of conduct it considers to be inappropriate use of the Site. In the case of inappropriate use, the Site moderator may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
1. Use the Site or the Content for any purpose or make any other actions in violation of any applicable local, state, national, or international laws or regulations.
2. Violate any code of conduct or other terms or guidelines which may be applicable for any particular Communication Service.
3. Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or otherwise in a manner that may adversely affect performance of the Site or restrict or inhibit any other user from using and enjoying the Communication Services or the Site.
4. Use the Site for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or any other materials or information available from the Site.
5. Aggregate, copy, duplicate, publish, or make available to third parties outside the Site in any manner any of the Content or any other materials or information available from the Site.
6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents.
9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may access, infiltrate or damage the operation of another’s computer.
10. Use the Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
11. Harvest or otherwise collect information about others, including email addresses, without their consent.
12. Falsify or delete any author attributions, disclosures, 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.
13. Engage in any other action that, in the judgment of JKI, exposes it or any third party to potential liability or detriment of any type.
User Materials: Any content or views posted, shared, transmitted or otherwise made available by users through the Site (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. JKI does not endorse any User Materials nor vouch for their reliability. Under no circumstances will JKI be liable in any way for any User Materials.
You acknowledge that JKI may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via the Site. Without limiting the foregoing, JKI and its designees have the right to remove any User Materials that violate these Terms of Use or are otherwise objectionable in JKI’s sole discretion. JKI shall have no liability for such removal.
You understand that by using the Site, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content available on or through the Site.
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via the Site (“Submission”). All Submissions are subject to these Terms of Use. JKI is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning JKI’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.
By making a Submission, you grant JKI and its designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and state of residency, in JKI’s discretion, on the Site or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
9) Links
Links to Other Websites and Search Results: The Site may contain links to websites operated by other parties. The Site provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of JKI and JKI is not responsible for the content available on these third party sites. Such links do not imply endorsement of information or material on any other site and JKI disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that JKI shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
Links to the Site: You may link another website to the Site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of JKI or the Site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with JKI or the Site; (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website; and (iv) JKI reserves the right to revoke its consent to the link at any time and in its sole discretion.
10) Modifications to Site
JKI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that JKI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or its products or services.
11) Suspension and Termination Rights
JKI reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Site for any reason, including without limitation any breach by you of these Terms of Use. You agree that JKI shall not be liable to you or any third party for any such suspension or termination.
12) Site Disclaimer
THE SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS PROVIDED OR OFFERED FOR SALE INCLUDING WITHOUT LIMITATION THERAPY OR COACHING SERVICES, AND MATERIALS CONTAINED IN OR ADVERTISED ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JKI AND ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND OTHERS ACTING IN CONCERT WITH THEM, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FIDUCIARY DUTY, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Site is free of viruses or other harmful code.
13) Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JKI DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITE, USE, INABILITY TO USE OR PERFORMANCE OF THE CONTENT, INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE SITE. IN NO EVENT SHALL JKI OR ANY OF ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND OTHERS ACTING IN CONCERT WITH THEM, OR THEIR SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF JKI ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE OR SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE SITE ANY SHALL NOT EXCEED FIFTY DOLLARS (U.S.).
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
14) Governing Law and Disputes
You agree that any dispute between individuals visiting the Site for personal use or individuals purchasing or using JKI products or services, and JKI, arising out of or relating to these Terms of Use, Privacy Policy, Site, Content, Disclosures, or Cancellation and Refund Policy, will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right or authority to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against JKI. The laws of the State of Florida, U.S.A., without regard to choice of law principles, shall apply to any such dispute, except as to matters relating to arbitration, which shall governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Palm Beach County, Florida, U.S.A.
For any other users, these Terms of Use, Privacy Policy, Site, Content, Disclosures and Disclaimers, or Cancellation and Refund Policy, shall be governed by, and will be construed under, the laws of the State of Florida, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in or for Palm Beach County, in the State of Florida, U.S.A., to decide any dispute which may arise out of, under, or in connection with these Terms, Privacy Policy, Site, Content, Disclosures and Disclaimers, or Cancellation and Refund Policy, as the most convenient and appropriate for the resolution of such disputes. You agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Any cause of action or claim you may have with respect to these Terms or JKI, the Site or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
The Site is controlled within the United States of America. Those who choose to access the Site from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. JKI may limit the availability of the Site or its products or services, in whole or in part, to any person, geographic area or jurisdiction, at any time in its sole discretion. JKI does not represent that the Site or Content are appropriate outside the United States of America.
15) Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of the Site is Jennifer Kelman Coaching, LLC, 5944 Coral Ridge Drive #163, FL 33076, Telephone: 561-899-7192, Email: [email protected]. Complaints regarding the Site or Content or requests to receive further information regarding use of this Site or Content may be sent to the above address.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
16) Miscellaneous
These Terms of Use, Privacy Policy, Site, Content, Disclosures, or Cancellation and Refund Policy, set forth the entire understanding and agreement between you and JKI with respect to the subject matter hereof. If any provision of the Terms 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 shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. JKI’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of JKI, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms. JKI is not liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, accidents, strikes, war, terrorism, governmental act, common carriers or transportation.
17) Questions?
Please direct any questions about these Terms of Use or technical questions or problems with the Site, comments or suggestions to JKI at [email protected].
DISCLOSURES AND DISCLAIMERS
Last Revised: February 29, 2016
BY USING THE SITE OR RECEIVING THERAPY OR COACHING SERVICES FROM JKI, YOU ("CLIENT") AGREE TO AND ACCEPT THE DISCLOSURES AND DISCLAIMERS BELOW. IF YOU DO NOT AGREE TO AND ACCEPT THE DISCLOSURES AND DISCLAIMERS BELOW, YOU ARE NOT AUTHORIZED TO USE THIS SITE OR RECEIVE THERAPY OR COACHING SERVICES FROM JKI.
Confidentiality
JKI takes reasonable steps to keep information confidential. Despite JKI’s efforts, communications between JKI and you containing information related to JKI's products or services might be unlawfully intercepted by third parties not under the control of JKI. Accordingly, neither JKI nor any of our service providers can ensure or warrant the security of any information transmitted via the internet, telephone or text message. Any such transmission is done at your own risk.
Moreover, JKI may disclose any information it learns in conjunction with offering the Site or providing products or services (a) when, in the clinical judgment of the licensed clinical social worker, there is a clear and immediate probability of physical harm to the patient or client, to other individuals, or to society; or (b) as necessary or advisable to: (i) protect JKI’s rights or property; (ii) offer the services or enforce the Terms of Use; (iii) respond to your requests; (iv) comply with legal process or cooperate with law enforcement or governmental requests; or (v) comply with or as permitted by applicable laws, regulations and guidelines.
General Nature of Site
JKI provides the Site as a service to its clients and the public. The Site is intended to be informational and educational only. Because the materials included on the Site are general, they may not apply to an individual’s specific situation. You should independently assess and verify any information obtained from the Site and should not take (or refrain from taking) any action based on the information you obtain from these materials or the Site.
Indemnification by Client and Disclaimer of Warranties
Client will indemnify and hold harmless JKI and its principals, officers, directors, employees, agents, subsidiaries, affiliates, representatives, successors and assigns from any claims, liability, costs or expenses in connection with any products or services, information or materials provided by on behalf of JKI.
JKI does not guarantee or warrant any particular outcome, result or success of therapy or coaching services, and expressly disclaims any such guarantee or warranty.
Therapy Overview; Client Consent
By participating in therapy services offered by Jennifer Kelman, Client gives his/her informed consent to accept therapy services as described and offered by Jennifer Kelman, and confirms that his/her participation or continued participation in such therapy services is the Client's voluntary choice. Client's participation further indicates his/her agreement with the treatment program. Client understands his/her right to discuss the treatment program with Jennifer Kelman and to discontinue receiving services at any time.
Jennifer Kelman is a Licensed Clinical Social Worker in the State of Florida (Florida License Number: SW12270).
Coaching Overview; Client Responsibility
Coaching involves a willing relationship between the client and the coach in which the client provides information, the coach listens to the client, and the coach reflects information back to the client. Coaching is intended to be informational and educational for the client, and to provide information, support and encouragement for the client’s goals and decisions based on information provided by the client. Client is fully and solely responsible for all information provided to the coach, all information reflected back to the client by the coach, and all client decisions, actions or inactions resulting from or relating to the coaching experience.
Coaching and the Site are not a substitute for medical, psychological, psychiatric, wellness, therapeutic or other diagnosis, care, counseling, advice, consulting or treatment, or for any medicine. Coaching and this Site are not a substitute for legal, financial, tax, personnel, personal, religious, spiritual or other types of evaluation, counseling, advice or representation. You should independently assess any decisions, actions or inactions resulting from or relating to the Site or a coaching experience based on medical, psychological, psychiatric, legal, religious, personnel, personal, financial, tax or other advice as applicable.
Jennifer Kelman is a Certified Professional Life Coach under the certification program offered by Fowler Wainwright International. For more information about this certification program, see www.fowlerwainwright.com. This certification program has not been reviewed or approved by any government agency or professional accreditation organization.
Jennifer Kelman also is a member of the International Association of Coaching. For more information about the International Association of Coaching, see www.certifiedcoach.org.
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PAYMENT, CANCELLATION AND REFUND POLICY
1) Payment
The Site and the products and services offered on the Site are on a "self-pay" basis. Clients are solely responsible for payment to JKI for therapy and coaching services, as well as any other products or services purchased through the Site.
2) JKI Cancellation of Orders
JKI reserves the right, at any time after receipt of your order, to accept or decline your order for products or services, or any aspect thereof, even after your receipt of an order confirmation. In the event that a product or service is listed at an incorrect price, JKI has the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed and/or whether your account has been charged. If your account has already been charged for the purchase and your order is canceled, JKI will issue a credit to your account in the amount of the unused services. Price and availability information is subject to change without notice.
3) Client Cancellation of Coaching Orders
If client purchases a package of multiple coaching sessions and is not satisfied after the first coaching session, JKI will refund the pro rata price of the remaining coaching sessions in the package.
4) Refunds and Credits
Any refunds or credits will be posted to the same payment card, device or account used in the order.
PRIVACY POLICY
Last Revised: February 29, 2016
Jennifer Kelman Inc. (“JKI”) believes that respecting your privacy is important. Consistent with our commitment to providing you with an informational and educational Site and helpful ordering and therapy or coaching experiences, JKI has found that collecting Personal Information (defined below) through the www.Therapywith JK.com and www.JenniferKelman.com websites; JKI’s social media sites such as Facebook, Twitter and YouTube; by telephone, text and email; and through services such as Skype and FaceTime (collectively, the "Site") helps us to provide products and services to you and to better understand the pages, products and services that may be valuable to you. This Privacy Policy describes the types of information we gather and how that information is used, and is part of the Terms of Use for the Site. Please read this Privacy Policy carefully.
1) Acceptance of Privacy Policy
By accessing the Site you agree to be bound by this Privacy Policy. JKI reserves the right to change this Privacy Policy at any time. Accordingly, you should check the Privacy Policy on a regular basis for our most current privacy practices. If you do not accept this Privacy Policy, you are not authorized to use the Site and must discontinue use of the Site immediately and refrain from purchasing from us.
Should the Privacy Policy be revised, JKI will post the changes on the Site and the new Privacy Policy will apply only to information collected thereafter. You can determine when the Privacy Policy was last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Privacy Policy.
2) Types of Information Collected
The Site may collect two categories of information about users: "Personal Information" (such as name, email address, mailing address, telephone number, credit card number and the items you purchase) and "Aggregate Information" (such as information about how many users log on to the Site on a daily basis or the pages they visit).
Personal Information Collected Online: Personal Information is collected online by JKI or our service providers on our behalf when Site users or clients voluntarily supply information to order and purchase products or services, receive newsletters or updates, use Communication Services, answer surveys, or enter contests and other promotional opportunities that may be provided on the Site. We also maintain a record of your purchases online. Because therapy and coaching services are offered through the Site, you may be inclined to provide personal details when you use Communications Services. Please remember that your submission to the Communications Services may be posted or published for others to see and read. JKI will not intentionally use, for any purpose other than products or services rendered to you, any Personal Information that you provide to us solely in the course of your therapy or coaching experience, without your prior permission. JKI also may receive personal usage and demographic information about you from third parties, service providers or public resources.
Aggregate Information Collected Online: Aggregate Information is non-personally identifiable or anonymous information about you, such as general information about the ages of Site users, types of products or services purchased, typical therapy or coaching experiences, frequency of Site or page visits, or search terms entered by Site visitors. Aggregate Information is used in a manner that does not personally identify a specific user.
Cookies: To help make the Site more responsive to the needs of users, the Site uses a standard feature of browser software called a “cookie” to assign each visitor a unique, random number that resides on your computer. The cookie does not actually identify the visitor, just the computer that a visitor uses to access the Site. Unless you voluntarily identify yourself (through a Submission, for example), we will not know who you are, even if a cookie has been assigned to your computer. We use cookies to help deliver a more personalized website tailored to your needs. For example, cookies allow us to track the pages on the Site that you visit and how often you visit. You can set your browser not to accept cookies; however, if you do, you may not be able to take advantage of certain personalized features of the Site. To enable or disable cookies on your browser, please consult your browser documentation or contact your software provider.
Pixel Tags/Clear GIFs/Web Beacons: A pixel tag, also known as a clear GIF or web beacon, is an invisible tag that may be placed on certain pages of our Site but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.
Other Methods of Collecting Information: The Site also may collect certain non-personally identifiable information, including but not limited to the Internet protocol (IP) address and the type of computer operating system you are using (e.g., Microsoft Windows or Mac OS), the type of browser you are using (e.g., Firefox or Internet Explorer), the domain name of the Internet service provider, your activities while visiting our Site, and the content you accessed.
3) Children and Privacy
The Site is directed to persons 18 years of age or older. JKI and the Site do not knowingly collect information from children under age 18. If you under age 13, you are not permitted to use the Site or to submit any Personal Information to the Site. If you provide Personal Information through the Site, you represent and warrant to JKI that you are 18 years of age or older. If you are 13-17 years of age, you may visit, browse and use the information on the Site, but you may not submit any Personal Information to the Site, and you represent and warrant to JKI that you have permission of your parent or guardian to use the Site and any activities on the Site, who agrees to these Terms on your behalf. If we become aware that a user is under age 18 and has provided Personal Information, we will remove his or her Personal Information from our files. If you are a parent or guardian and believe JKI may have inadvertently collected personal information from your child, please notify JKI immediately by sending an email to [email protected].
4) Use of Personal Information
JKI may use your Personal Information to process orders, provide products or services, respond to requests for information, forward newsletters and updates, post Submissions and contact users of Communication Services, to improve your ordering, Site and therapy or coaching experience and to communicate with you about our products, services, promotions, surveys, contests and the Site. We also may use this information to make offers to you from us or from third parties who may have products or services of interest to you, to help us target specific products and services to you, and to help us develop and improve our Site and to tailor our Site to your interests.
Order-related and Promotional Email and Other Communications: By voluntarily submitting Personal Information, you agree that we are authorized to transmit and you opt-in to receive email, text message, and other communications to you for the purpose of informing you about your particular order, transaction, products or services, or engaging in email, text message, telephone or real-time online audio or video services pursuant to your order. In addition, if you provided your telephone, email or mobile address for electronic newsletters, updates and promotional emails from JKI and its affiliates, you agree that we are authorized to send and you opt-in to receive informational and promotional emails, text messages and other communications to you. You are solely responsible for any text message or data charges or other charges that may be applied by your online service provider or wireless carrier. You may discontinue the receipt of future text messages by texting the word STOP to any text message you receive from JKI. If you have questions about the text message or how to discontinue receiving text messages, text the word HELP to any text message you receive from JKI. You may discontinue the receipt of future promotional emails at any time by following the unsubscribe instructions that are included in each promotional email
Service Providers: JKI may disclose Personal Information to third parties that we may hire to perform services on our behalf. We may share Personal Information and Aggregate Information with our service providers, consultants and affiliates for our internal business purposes, Site analysis, order placement, fulfillment and returns.
Legal and Safety Reasons: JKI may disclose Personal Information (a) when, in the clinical judgment of the licensed clinical social worker, there is a clear and immediate probability of physical harm to the patient or client, to other individuals, or to society; or (b) as necessary or advisable to: (i) protect JKI’s rights or property; (ii) offer the services or enforce the Terms of Use; (iii) respond to your requests; (iv) comply with legal process or cooperate with law enforcement or governmental requests; or (v) comply with or as permitted by applicable laws, regulations and guidelines.
Major Transaction: JKI reserves the right to transfer any and all information, including Personal Information, collected from Site users to an affiliate or third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our business or operations (including without limitation in connection with bankruptcy or any similar proceedings).
5) Use of Aggregate Information and Other Non-Personally Identifiable Information
From time to time, JKI may combine personal information we collect through the Site with information available from other sources (e.g., offline records or publicly available information). We will treat the combined information as Personal Information.
We may use and share Aggregate Information or other non-personally identifiable information. The use and disclosure of such information is not subject to any restrictions under this Privacy Policy. Additionally, we may take Personal Information and de-identify it and share it in a de-identified or aggregated form with third parties to show or analyze site usage, explain or improve our services, explain or improve our user experience, or for other purposes. JKI will not de-aggregate or re-identify non-personal information and will ask our contracting parties to agree to keep such data in its aggregated or de-identified form.
6) Information Removal/Opt-Out
If you prefer not to receive marketing or promotional emails from JKI or the Site, please let us know by clicking on the unsubscribe link within any promotional email you receive from us. If you no longer wish to receive text messages, reply to a text from JKI with the text: STOP. Please note that such requests may take up to ten (10) days to become effective.
7) Protection of Personal Information and Confidentiality
JKI uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of your Personal Information. JKI also takes reasonable steps to keep information from therapy or coaching sessions confidential.
No transmission of data over the internet or text message is guaranteed to be completely secure. Emails or text messages between you and JKI may contain confidential or personal information relating to therapy or coaching services. It may be possible for third parties not under the control of JKI to intercept or access these transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither JKI nor any of our service providers can ensure or warrant the security of any information you transmit to us over the internet or text message. Any such transmission is done at your own risk.
8) Links to Third-Party Websites
The Site may include links to websites operated by third parties. JKI endeavors to link only to reputable organizations; however, because other sites are not hosted or controlled by us, JKI is not responsible for the privacy practices of those sites or the content provided thereon. Therefore, the privacy policies of the linked sites may differ from those applicable to the Site, and we encourage you to review the privacy policies of those other websites. This Privacy Policy only applies to information that JKI collects through the Site and does not address the privacy or information practices of any third parties or other sites.
9) Your California Privacy Rights
If you are a California resident, you may be entitled by law to request certain information regarding any disclosure by JKI to third parties of personal information for their direct marketing purposes. However, JKI has adopted a policy of not sharing your personally identifiable information with third parties for their direct marketing purposes. To make such a request, send an email to [email protected], specifying that you seek your “California Customer Privacy Notice.” Please allow thirty days for a response.
10) Responding to "Do Not Track" Signals
Except as otherwise specified in this Privacy Policy, JKI does not alter the practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, JKI reserves the right to do so in the future.
11) Questions?
If you have any questions about this Privacy Policy or the Site, please contact us at [email protected].
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
JKI may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide JKI’s Copyright Agent a Notice containing the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site (providing URL(s) in the body of an email is the best way to help JKI locate content quickly);
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
JKI'ss Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Mailing Address:
Jennifer Kelman Inc.
5944 Coral Ridge Drive Ste 163
Coral Springs, FL 33076
Telephone: 561-899-7192
Email: [email protected]
Attn: DMCA Complaints
-Disclosures and Disclaimers
-Payment, Cancellation and Refund Policy
-Privacy Policy
-Notice and Procedure for Making Claims of Copyright Infringement
-Social Media Policy
TERMS OF USE
Last Revised: February 29, 2016
1) Your Acceptance of Terms of Use
Please carefully read the following Terms of Use before using the Jennifer Kelman™ websites offered by Jennifer Kelman Inc. ("JKI") www.TherapywithJK.com on JKI’s social media sites such as Facebook, Twitter and YouTube; by telephone, text and email; and through services such as Skype and FaceTime (collectively, the "Site"). By accessing and using the Site, you acknowledge that you have read and understand and agree to be bound by these Terms, including the Disclosures, Payment, Cancellation and Refund Policy and Privacy Policy, which form an agreement that is effective as if you had signed it. If at any time you do not agree to these Terms, please do not access or use this Site or any of its content.
YOUR ACCESS TO, USE OF AND BROWSING OF THE SITE AND ITS CONTENTS ARE SUBJECT TO ALL TERMS OF USE CONTAINED HEREIN AND ALL APPLICABLE LAWS AND REGULATIONS. IF YOU DO NOT AGREE TO THESE TERMS OF USE, YOUR PERMISSION TO ACCESS OR USE THE SITE IS AUTOMATICALLY AND IMMEDIATELY REVOKED.
These Terms of Use may be revised or updated from time to time. Accordingly, you should check the Terms regularly for updates. You can determine when the Terms were last revised by referring to the “Last Revised” legend at the top of this page. Any changes in these Terms take effect upon posting and will only apply to use of the Site after that date. Each time you access, use or browse the Site, you signify your acceptance of the then-current Terms.
2) Permitted Users of Site
The order pages and Communication Services (as defined below) on the Site are directed to persons 18 years of age or older. JKI and the Site do not knowingly provide services to or collect information from children under age 18. If you are under age 13, you are not permitted to use the Site or to submit any personally identifiable information to the Site. If you provide information to the Site, you represent and warrant to JKI that you are 18 years of age or older. If you are 13-17 years of age, you may not submit personal information to the Site, but you may visit, browse and use the information and educational materials on the Site, and you represent and warrant to JKI that you have the permission of your parent or guardian to do so and that your parent or guardian agrees to these Terms of Use on your behalf. If you are a parent or guardian and believe JKI or the Site may have inadvertently collected personal information from your child under age 18, please notify JKI immediately by sending an email to [email protected] detailing the basis of your belief and your request to JKI.
3) Permitted Use of Site
The content available through the Site (the "Content") is the sole and exclusive property of JKI and/or its licensors. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purpose, any portion of the Site or the Content other than as expressly authorized in advance by JKI in writing. Use of the Site or the Content in any way not expressly permitted by these Terms of Use is prohibited, and may be actionable under United States or international law. You agree not to access the Site by any means other than through a standard web browser.
So long as you agree and comply with the Terms of Use, you are permitted to view and use the Site and the Content solely for your own information and education and for ordering of services or purchase of products offered at the Site. You may not duplicate, publish, modify, distribute, perform or create derivative works from any part of the Site or the Content unless expressly authorized by JKI. You agree that you will not remove or modify any acknowledgements, credits, disclosures, disclaimers or legal notices contained on the Site or in the Content.
The prices displayed on the Site are quoted in U.S. dollars net of any applicable taxes and are valid and effective only for sales in the United States. JKI reserves the right to change its prices at any time and to decline to honor any typographical errors. Special terms may apply to some products or services offered on the Site and may be posted in connection with the applicable product, service, feature or activity. Any such terms are in addition to these Terms of Use and, in the event of a conflict, any such terms shall prevail over these Terms of Use.
4) Privacy Policy
Please review the Privacy Policy for this Site. If you do not agree with the Privacy Policy, you are not authorized to use the Site. The terms of the Privacy Policy are incorporated in these Terms of Use by reference.
5) Coaching and Therapy Disclosure
Please review the Disclosures and Disclaimers for the Site and services offered by JKI. If you do not agree with the Disclosures and Disclaimers, you are not authorized to use the Site. The terms of the Disclosures are incorporated in these Terms of Use by reference.
6) Proprietary Rights
You acknowledge and agree that, as between JKI and you, all right, title, and interest in and to the Site and the Content, including without limitation any patents, copyrights, trademarks, trade secrets, inventions, know-how, and all other intellectual property rights are owned exclusively by JKI or its licensors and are protected by United States intellectual property and other applicable laws.
Copyright: All content included in the Site, such as text, graphics, logos, icons, images, media, data, audio, animation, software and other information and materials, is the copyright and property of JKI or its content suppliers and protected by U.S. and international copyright laws. Permission is granted to electronically copy and print hard copy portions of the Site for the sole purpose of using the Site for personal use, information and education; placing an order on the Site; or receiving services through the Site. Any other use, including the reproduction, modification, distribution, transmission, republication, display or performance, of the Content of the Site is strictly prohibited.
Trademarks: The trademarks, service marks, logos, slogans, trade names and trade dress used on the Site are proprietary to JKI. Without limiting the foregoing, Jennifer Kelman™ and Jennifer Kelman Inc. are trademarks of JKI. Unauthorized use of any trademark of JKI may be a violation of trademark laws. Any third party names or trademarks referenced in the Site do not constitute or imply affiliation, endorsement or recommendation by JKI or of JKI by the third parties.
7) Your Indemnity of JKC
YOU AGREE TO INDEMNIFY, DEFEND AND HOLD JKI, ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND OTHERS ACTING IN CONCERT WITH THEM, AND THEIR SUCCESSORS AND ASSIGNS, HARMLESS FROM ANY LOSS, LIABILITY, CLAIM OR DEMAND, INCLUDING WITHOUT LIMITATION REASONABLE ATTORNEYS’ FEES, MADE BY OR ON BEHALF OF YOU OR ANY THIRD PARTY DUE TO OR ARISING OUT OF (A) YOUR CONNECTION OR SUBMISSION TO OR USE OF THE SITE OR THE CONTENT; OR (B) YOUR VIOLATION OF THESE TERMS OF USE, ANY APPLICABLE LAWS, OR THE RIGHTS OF JKI OR ANY THIRD PARTY.
8) User Generated Content
Communications Services: The Site may contain blogs, chat areas, forums, contests, communities, calendars, and/or other message or communication facilities designed to enable you and others to communicate with the Site and with other users of the Site (collectively, “Communication Services”). Where the Site seeks your submissions, you acknowledge that your submissions may be or become available to others. You agree to use the Communication Services only for your personal use in connection with your personal information and educational purposes. You agree only to post, send and receive messages and materials that are proper and related to the particular Communication Service.
Prohibited Actions: You agree that the following actions are prohibited and constitute a material breach of these Terms of Use. This list is not meant to be exhaustive, and JKI reserves the right to determine what types of conduct it considers to be inappropriate use of the Site. In the case of inappropriate use, the Site moderator may take such measures as it determines in its sole discretion.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:
1. Use the Site or the Content for any purpose or make any other actions in violation of any applicable local, state, national, or international laws or regulations.
2. Violate any code of conduct or other terms or guidelines which may be applicable for any particular Communication Service.
3. Take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or otherwise in a manner that may adversely affect performance of the Site or restrict or inhibit any other user from using and enjoying the Communication Services or the Site.
4. Use the Site for unauthorized framing of or linking to, or access via automated devices, bots, agents, scraping, scripts, intelligent search or any similar means of access to the Content or any other materials or information available from the Site.
5. Aggregate, copy, duplicate, publish, or make available to third parties outside the Site in any manner any of the Content or any other materials or information available from the Site.
6. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
7. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information.
8. Upload or download files that contain software or other material protected by intellectual property laws or other laws, unless you own or control the rights thereto or have received all necessary consents.
9. Upload files that contain viruses, corrupted files, or any other similar software or programs that may access, infiltrate or damage the operation of another’s computer.
10. Use the Site to make available unsolicited advertising or promotional materials, spam, pyramid schemes, chain letters, or similar forms of unauthorized advertising or solicitation.
11. Harvest or otherwise collect information about others, including email addresses, without their consent.
12. Falsify or delete any author attributions, disclosures, 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.
13. Engage in any other action that, in the judgment of JKI, exposes it or any third party to potential liability or detriment of any type.
User Materials: Any content or views posted, shared, transmitted or otherwise made available by users through the Site (“User Materials”) are strictly those of the originating author, who is solely responsible for its content. Use of or reliance on User Materials is entirely at your own risk. JKI does not endorse any User Materials nor vouch for their reliability. Under no circumstances will JKI be liable in any way for any User Materials.
You acknowledge that JKI may or may not pre-screen User Materials, but that it and its designees have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete and/or move any User Materials that are available via the Site. Without limiting the foregoing, JKI and its designees have the right to remove any User Materials that violate these Terms of Use or are otherwise objectionable in JKI’s sole discretion. JKI shall have no liability for such removal.
You understand that by using the Site, you may be exposed to User Materials that you may consider to be offensive or objectionable. You agree that you must evaluate, and bear all risks associated with, the use or exposure to any User Materials posted by others. You further acknowledge and agree that you will not rely on any Content available on or through the Site.
Submissions: You are solely responsible for the User Materials that you post, share, email, transmit or otherwise make available via the Site (“Submission”). All Submissions are subject to these Terms of Use. JKI is under no obligation to post or use any Submission and may remove any Submission at any time in its sole discretion.
By making a Submission, you represent and warrant that your Submission is true, your own original work, and does not infringe any other person’s or entity’s rights, and that you and any other person mentioned or shown in your Submission release any and all claims concerning JKI’s or its designees’ use, modification or distribution of the Submission or any part thereof. You must own all rights, including copyright, to your Submission, and must hold all necessary releases concerning the contents of your Submission. You agree that you must evaluate, and bear all risks associated with, your disclosure of any Submission.
By making a Submission, you grant JKI and its designees an irrevocable, assignable, fully sub-licensable, perpetual, world-wide, royalty-free, non-exclusive license, in their sole discretion, to use, distribute, reproduce, modify, combine, adapt, publish, translate, rent, lease, sell, publicly perform and publicly display your Submission (in whole or in part), along with your name or any part thereof and state of residency, in JKI’s discretion, on the Site or elsewhere, and to use or incorporate all or any part of your Submission into other advertising, promotion, research, analysis or other materials in any format or medium now known or later developed. You hereby waive any right to inspect such use and any claims based on privacy, publicity, defamation, misappropriation, intellectual property or similar claims for any use of your Submission.
9) Links
Links to Other Websites and Search Results: The Site may contain links to websites operated by other parties. The Site provides these links to other websites as a convenience, and your use of these sites is at your own risk. The linked sites are not under the control of JKI and JKI is not responsible for the content available on these third party sites. Such links do not imply endorsement of information or material on any other site and JKI disclaims all liability with regard to your access to, use of or transactions with such linked websites. You acknowledge and agree that JKI shall not be responsible or liable, directly or indirectly, for any damage, loss or other claim caused or alleged to be caused by or in connection with, access to, use of or reliance on any content available on or through any other site or resource.
Links to the Site: You may link another website to the Site subject to the following linking policy: (i) the appearance, position and other aspects of any link may not be such as to damage or dilute the reputation of JKI or the Site; (ii) the appearance, position and other attributes of the link may not create the false appearance that your site, business, organization or entity is sponsored by, affiliated with, or associated with JKI or the Site; (iii) when selected by a user, the link must display the Site on full-screen and not within a “frame” on the linking website; and (iv) JKI reserves the right to revoke its consent to the link at any time and in its sole discretion.
10) Modifications to Site
JKI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site, or any portion thereof, with or without notice. You agree that JKI shall not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or its products or services.
11) Suspension and Termination Rights
JKI reserves the right, at its sole discretion, immediately and without notice, to suspend or terminate your access to the Site for any reason, including without limitation any breach by you of these Terms of Use. You agree that JKI shall not be liable to you or any third party for any such suspension or termination.
12) Site Disclaimer
THE SITE AND CONTENT AND THE INFORMATION, SERVICES, PRODUCTS PROVIDED OR OFFERED FOR SALE INCLUDING WITHOUT LIMITATION THERAPY OR COACHING SERVICES, AND MATERIALS CONTAINED IN OR ADVERTISED ON THE SITE, INCLUDING WITHOUT LIMITATION TEXT, GRAPHICS AND LINKS, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, JKI AND ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND OTHERS ACTING IN CONCERT WITH THEM, DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO SUCH CONTENT, INFORMATION, SERVICES, PRODUCTS AND MATERIALS, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, FIDUCIARY DUTY, FREEDOM FROM COMPUTER VIRUS AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.
Without limiting the foregoing, you are responsible for taking all necessary precautions to insure that any Content or access to the Site is free of viruses or other harmful code.
13) Limitation on Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, JKI DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING WITHOUT LIMITATION NEGLIGENCE), STRICT LIABILITY OR ANY OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THE SITE, USE, INABILITY TO USE OR PERFORMANCE OF THE CONTENT, INFORMATION, SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE SITE. IN NO EVENT SHALL JKI OR ANY OF ITS PRINCIPALS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND OTHERS ACTING IN CONCERT WITH THEM, OR THEIR SUCCESSORS OR ASSIGNS, BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, EVEN IF THESE ENTITIES HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OR THE EXISTENCE OF ANY LIMITED REMEDY. WITHOUT LIMITING THE FOREGOING, THE MAXIMUM AGGREGATE LIABILITY OF JKI ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OF USE, THE SITE OR SERVICES, PRODUCTS AND MATERIALS AVAILABLE FROM OR THROUGH THE SITE ANY SHALL NOT EXCEED FIFTY DOLLARS (U.S.).
Exclusions and Limitations: Because some jurisdictions do not allow limitations on how long an implied warranty lasts, or the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. This Limitation of Liability shall be to the maximum extent permitted by applicable law.
14) Governing Law and Disputes
You agree that any dispute between individuals visiting the Site for personal use or individuals purchasing or using JKI products or services, and JKI, arising out of or relating to these Terms of Use, Privacy Policy, Site, Content, Disclosures, or Cancellation and Refund Policy, will be decided only by arbitration, individually and not on a class-wide basis. You knowingly waive any right or authority to participate in any form of “class,” “joint” or “representative” litigation (including in any “private attorney general capacity”) against JKI. The laws of the State of Florida, U.S.A., without regard to choice of law principles, shall apply to any such dispute, except as to matters relating to arbitration, which shall governed by the Federal Arbitration Act. Any arbitration will be administered by the American Arbitration Association and will take place in Palm Beach County, Florida, U.S.A.
For any other users, these Terms of Use, Privacy Policy, Site, Content, Disclosures and Disclaimers, or Cancellation and Refund Policy, shall be governed by, and will be construed under, the laws of the State of Florida, U.S.A., without regard to choice of law principles. You irrevocably agree to the exclusive jurisdiction by the federal and state courts located in or for Palm Beach County, in the State of Florida, U.S.A., to decide any dispute which may arise out of, under, or in connection with these Terms, Privacy Policy, Site, Content, Disclosures and Disclaimers, or Cancellation and Refund Policy, as the most convenient and appropriate for the resolution of such disputes. You agree that to the fullest extent permitted by law: (1) no claims by you shall be joined with any other and you agree not to participate in any claim brought by others; (2) YOU HAVE NO RIGHT OR AUTHORITY FOR ANY DISPUTE TO BE LITIGATED ON A CLASS-ACTION BASIS OR TO UTILIZE CLASS ACTION PROCEDURES; and (3) you have no right or authority for any dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. Any cause of action or claim you may have with respect to these Terms or JKI, the Site or its Content must be commenced within six (6) months after the claim or cause of action arises or such claim or cause of action shall be barred.
The Site is controlled within the United States of America. Those who choose to access the Site from locations outside the United States do so on their own initiative, and are responsible for compliance with local laws if and to the extent local laws are applicable. JKI may limit the availability of the Site or its products or services, in whole or in part, to any person, geographic area or jurisdiction, at any time in its sole discretion. JKI does not represent that the Site or Content are appropriate outside the United States of America.
15) Notice Required by California Law
Pursuant to California Civil Code Section 1789.3, users are entitled to the following specific consumer rights notice:
The name, address and telephone number of the provider of the Site is Jennifer Kelman Coaching, LLC, 5944 Coral Ridge Drive #163, FL 33076, Telephone: 561-899-7192, Email: [email protected]. Complaints regarding the Site or Content or requests to receive further information regarding use of this Site or Content may be sent to the above address.
The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Boulevard, Suite S202, Sacramento, CA 95834 or by telephone at (916) 574-7950 or (800) 952-5210.
16) Miscellaneous
These Terms of Use, Privacy Policy, Site, Content, Disclosures, or Cancellation and Refund Policy, set forth the entire understanding and agreement between you and JKI with respect to the subject matter hereof. If any provision of the Terms 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 shall remain in full force and effect. Headings are for reference only and in no way define, limit, construe or describe the scope or extent of such section. JKI’s failure to act with respect to any failure by you or others to comply with these Terms does not waive its right to act with respect to subsequent or similar failures. You may not assign or transfer your rights or obligations under these Terms without the prior written consent of JKI, and any assignment or transfer in violation of this provision shall be null and void. There are no third party beneficiaries to these Terms. JKI is not liable for any delay or failure to perform resulting from causes outside its reasonable control or unforeseen circumstances such as acts of nature or God, accidents, strikes, war, terrorism, governmental act, common carriers or transportation.
17) Questions?
Please direct any questions about these Terms of Use or technical questions or problems with the Site, comments or suggestions to JKI at [email protected].
DISCLOSURES AND DISCLAIMERS
Last Revised: February 29, 2016
BY USING THE SITE OR RECEIVING THERAPY OR COACHING SERVICES FROM JKI, YOU ("CLIENT") AGREE TO AND ACCEPT THE DISCLOSURES AND DISCLAIMERS BELOW. IF YOU DO NOT AGREE TO AND ACCEPT THE DISCLOSURES AND DISCLAIMERS BELOW, YOU ARE NOT AUTHORIZED TO USE THIS SITE OR RECEIVE THERAPY OR COACHING SERVICES FROM JKI.
Confidentiality
JKI takes reasonable steps to keep information confidential. Despite JKI’s efforts, communications between JKI and you containing information related to JKI's products or services might be unlawfully intercepted by third parties not under the control of JKI. Accordingly, neither JKI nor any of our service providers can ensure or warrant the security of any information transmitted via the internet, telephone or text message. Any such transmission is done at your own risk.
Moreover, JKI may disclose any information it learns in conjunction with offering the Site or providing products or services (a) when, in the clinical judgment of the licensed clinical social worker, there is a clear and immediate probability of physical harm to the patient or client, to other individuals, or to society; or (b) as necessary or advisable to: (i) protect JKI’s rights or property; (ii) offer the services or enforce the Terms of Use; (iii) respond to your requests; (iv) comply with legal process or cooperate with law enforcement or governmental requests; or (v) comply with or as permitted by applicable laws, regulations and guidelines.
General Nature of Site
JKI provides the Site as a service to its clients and the public. The Site is intended to be informational and educational only. Because the materials included on the Site are general, they may not apply to an individual’s specific situation. You should independently assess and verify any information obtained from the Site and should not take (or refrain from taking) any action based on the information you obtain from these materials or the Site.
Indemnification by Client and Disclaimer of Warranties
Client will indemnify and hold harmless JKI and its principals, officers, directors, employees, agents, subsidiaries, affiliates, representatives, successors and assigns from any claims, liability, costs or expenses in connection with any products or services, information or materials provided by on behalf of JKI.
JKI does not guarantee or warrant any particular outcome, result or success of therapy or coaching services, and expressly disclaims any such guarantee or warranty.
Therapy Overview; Client Consent
By participating in therapy services offered by Jennifer Kelman, Client gives his/her informed consent to accept therapy services as described and offered by Jennifer Kelman, and confirms that his/her participation or continued participation in such therapy services is the Client's voluntary choice. Client's participation further indicates his/her agreement with the treatment program. Client understands his/her right to discuss the treatment program with Jennifer Kelman and to discontinue receiving services at any time.
Jennifer Kelman is a Licensed Clinical Social Worker in the State of Florida (Florida License Number: SW12270).
Coaching Overview; Client Responsibility
Coaching involves a willing relationship between the client and the coach in which the client provides information, the coach listens to the client, and the coach reflects information back to the client. Coaching is intended to be informational and educational for the client, and to provide information, support and encouragement for the client’s goals and decisions based on information provided by the client. Client is fully and solely responsible for all information provided to the coach, all information reflected back to the client by the coach, and all client decisions, actions or inactions resulting from or relating to the coaching experience.
Coaching and the Site are not a substitute for medical, psychological, psychiatric, wellness, therapeutic or other diagnosis, care, counseling, advice, consulting or treatment, or for any medicine. Coaching and this Site are not a substitute for legal, financial, tax, personnel, personal, religious, spiritual or other types of evaluation, counseling, advice or representation. You should independently assess any decisions, actions or inactions resulting from or relating to the Site or a coaching experience based on medical, psychological, psychiatric, legal, religious, personnel, personal, financial, tax or other advice as applicable.
Jennifer Kelman is a Certified Professional Life Coach under the certification program offered by Fowler Wainwright International. For more information about this certification program, see www.fowlerwainwright.com. This certification program has not been reviewed or approved by any government agency or professional accreditation organization.
Jennifer Kelman also is a member of the International Association of Coaching. For more information about the International Association of Coaching, see www.certifiedcoach.org.
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PAYMENT, CANCELLATION AND REFUND POLICY
1) Payment
The Site and the products and services offered on the Site are on a "self-pay" basis. Clients are solely responsible for payment to JKI for therapy and coaching services, as well as any other products or services purchased through the Site.
2) JKI Cancellation of Orders
JKI reserves the right, at any time after receipt of your order, to accept or decline your order for products or services, or any aspect thereof, even after your receipt of an order confirmation. In the event that a product or service is listed at an incorrect price, JKI has the right to refuse or cancel orders placed at the incorrect price, regardless of whether the order has been confirmed and/or whether your account has been charged. If your account has already been charged for the purchase and your order is canceled, JKI will issue a credit to your account in the amount of the unused services. Price and availability information is subject to change without notice.
3) Client Cancellation of Coaching Orders
If client purchases a package of multiple coaching sessions and is not satisfied after the first coaching session, JKI will refund the pro rata price of the remaining coaching sessions in the package.
4) Refunds and Credits
Any refunds or credits will be posted to the same payment card, device or account used in the order.
PRIVACY POLICY
Last Revised: February 29, 2016
Jennifer Kelman Inc. (“JKI”) believes that respecting your privacy is important. Consistent with our commitment to providing you with an informational and educational Site and helpful ordering and therapy or coaching experiences, JKI has found that collecting Personal Information (defined below) through the www.Therapywith JK.com and www.JenniferKelman.com websites; JKI’s social media sites such as Facebook, Twitter and YouTube; by telephone, text and email; and through services such as Skype and FaceTime (collectively, the "Site") helps us to provide products and services to you and to better understand the pages, products and services that may be valuable to you. This Privacy Policy describes the types of information we gather and how that information is used, and is part of the Terms of Use for the Site. Please read this Privacy Policy carefully.
1) Acceptance of Privacy Policy
By accessing the Site you agree to be bound by this Privacy Policy. JKI reserves the right to change this Privacy Policy at any time. Accordingly, you should check the Privacy Policy on a regular basis for our most current privacy practices. If you do not accept this Privacy Policy, you are not authorized to use the Site and must discontinue use of the Site immediately and refrain from purchasing from us.
Should the Privacy Policy be revised, JKI will post the changes on the Site and the new Privacy Policy will apply only to information collected thereafter. You can determine when the Privacy Policy was last revised by referring to the “Last Revised” legend at the top of this page. Each time you access, use or browse the Site, you signify your acceptance of the then-current Privacy Policy.
2) Types of Information Collected
The Site may collect two categories of information about users: "Personal Information" (such as name, email address, mailing address, telephone number, credit card number and the items you purchase) and "Aggregate Information" (such as information about how many users log on to the Site on a daily basis or the pages they visit).
Personal Information Collected Online: Personal Information is collected online by JKI or our service providers on our behalf when Site users or clients voluntarily supply information to order and purchase products or services, receive newsletters or updates, use Communication Services, answer surveys, or enter contests and other promotional opportunities that may be provided on the Site. We also maintain a record of your purchases online. Because therapy and coaching services are offered through the Site, you may be inclined to provide personal details when you use Communications Services. Please remember that your submission to the Communications Services may be posted or published for others to see and read. JKI will not intentionally use, for any purpose other than products or services rendered to you, any Personal Information that you provide to us solely in the course of your therapy or coaching experience, without your prior permission. JKI also may receive personal usage and demographic information about you from third parties, service providers or public resources.
Aggregate Information Collected Online: Aggregate Information is non-personally identifiable or anonymous information about you, such as general information about the ages of Site users, types of products or services purchased, typical therapy or coaching experiences, frequency of Site or page visits, or search terms entered by Site visitors. Aggregate Information is used in a manner that does not personally identify a specific user.
Cookies: To help make the Site more responsive to the needs of users, the Site uses a standard feature of browser software called a “cookie” to assign each visitor a unique, random number that resides on your computer. The cookie does not actually identify the visitor, just the computer that a visitor uses to access the Site. Unless you voluntarily identify yourself (through a Submission, for example), we will not know who you are, even if a cookie has been assigned to your computer. We use cookies to help deliver a more personalized website tailored to your needs. For example, cookies allow us to track the pages on the Site that you visit and how often you visit. You can set your browser not to accept cookies; however, if you do, you may not be able to take advantage of certain personalized features of the Site. To enable or disable cookies on your browser, please consult your browser documentation or contact your software provider.
Pixel Tags/Clear GIFs/Web Beacons: A pixel tag, also known as a clear GIF or web beacon, is an invisible tag that may be placed on certain pages of our Site but not on your computer. When you access these pages, pixel tags generate a generic notice of that visit. They usually work in conjunction with cookies, registering when a particular computer visits a particular page. If you turn off cookies the pixel tag will simply detect an anonymous website visit.
Other Methods of Collecting Information: The Site also may collect certain non-personally identifiable information, including but not limited to the Internet protocol (IP) address and the type of computer operating system you are using (e.g., Microsoft Windows or Mac OS), the type of browser you are using (e.g., Firefox or Internet Explorer), the domain name of the Internet service provider, your activities while visiting our Site, and the content you accessed.
3) Children and Privacy
The Site is directed to persons 18 years of age or older. JKI and the Site do not knowingly collect information from children under age 18. If you under age 13, you are not permitted to use the Site or to submit any Personal Information to the Site. If you provide Personal Information through the Site, you represent and warrant to JKI that you are 18 years of age or older. If you are 13-17 years of age, you may visit, browse and use the information on the Site, but you may not submit any Personal Information to the Site, and you represent and warrant to JKI that you have permission of your parent or guardian to use the Site and any activities on the Site, who agrees to these Terms on your behalf. If we become aware that a user is under age 18 and has provided Personal Information, we will remove his or her Personal Information from our files. If you are a parent or guardian and believe JKI may have inadvertently collected personal information from your child, please notify JKI immediately by sending an email to [email protected].
4) Use of Personal Information
JKI may use your Personal Information to process orders, provide products or services, respond to requests for information, forward newsletters and updates, post Submissions and contact users of Communication Services, to improve your ordering, Site and therapy or coaching experience and to communicate with you about our products, services, promotions, surveys, contests and the Site. We also may use this information to make offers to you from us or from third parties who may have products or services of interest to you, to help us target specific products and services to you, and to help us develop and improve our Site and to tailor our Site to your interests.
Order-related and Promotional Email and Other Communications: By voluntarily submitting Personal Information, you agree that we are authorized to transmit and you opt-in to receive email, text message, and other communications to you for the purpose of informing you about your particular order, transaction, products or services, or engaging in email, text message, telephone or real-time online audio or video services pursuant to your order. In addition, if you provided your telephone, email or mobile address for electronic newsletters, updates and promotional emails from JKI and its affiliates, you agree that we are authorized to send and you opt-in to receive informational and promotional emails, text messages and other communications to you. You are solely responsible for any text message or data charges or other charges that may be applied by your online service provider or wireless carrier. You may discontinue the receipt of future text messages by texting the word STOP to any text message you receive from JKI. If you have questions about the text message or how to discontinue receiving text messages, text the word HELP to any text message you receive from JKI. You may discontinue the receipt of future promotional emails at any time by following the unsubscribe instructions that are included in each promotional email
Service Providers: JKI may disclose Personal Information to third parties that we may hire to perform services on our behalf. We may share Personal Information and Aggregate Information with our service providers, consultants and affiliates for our internal business purposes, Site analysis, order placement, fulfillment and returns.
Legal and Safety Reasons: JKI may disclose Personal Information (a) when, in the clinical judgment of the licensed clinical social worker, there is a clear and immediate probability of physical harm to the patient or client, to other individuals, or to society; or (b) as necessary or advisable to: (i) protect JKI’s rights or property; (ii) offer the services or enforce the Terms of Use; (iii) respond to your requests; (iv) comply with legal process or cooperate with law enforcement or governmental requests; or (v) comply with or as permitted by applicable laws, regulations and guidelines.
Major Transaction: JKI reserves the right to transfer any and all information, including Personal Information, collected from Site users to an affiliate or third party in the event of any reorganization, merger, sale, joint venture, assignment, transfer or disposition of all or any portion of our business or operations (including without limitation in connection with bankruptcy or any similar proceedings).
5) Use of Aggregate Information and Other Non-Personally Identifiable Information
From time to time, JKI may combine personal information we collect through the Site with information available from other sources (e.g., offline records or publicly available information). We will treat the combined information as Personal Information.
We may use and share Aggregate Information or other non-personally identifiable information. The use and disclosure of such information is not subject to any restrictions under this Privacy Policy. Additionally, we may take Personal Information and de-identify it and share it in a de-identified or aggregated form with third parties to show or analyze site usage, explain or improve our services, explain or improve our user experience, or for other purposes. JKI will not de-aggregate or re-identify non-personal information and will ask our contracting parties to agree to keep such data in its aggregated or de-identified form.
6) Information Removal/Opt-Out
If you prefer not to receive marketing or promotional emails from JKI or the Site, please let us know by clicking on the unsubscribe link within any promotional email you receive from us. If you no longer wish to receive text messages, reply to a text from JKI with the text: STOP. Please note that such requests may take up to ten (10) days to become effective.
7) Protection of Personal Information and Confidentiality
JKI uses reasonable administrative, physical and electronic security measures to protect against the loss, misuse and alteration of your Personal Information. JKI also takes reasonable steps to keep information from therapy or coaching sessions confidential.
No transmission of data over the internet or text message is guaranteed to be completely secure. Emails or text messages between you and JKI may contain confidential or personal information relating to therapy or coaching services. It may be possible for third parties not under the control of JKI to intercept or access these transmissions or private communications unlawfully. While we strive to protect your Personal Information, neither JKI nor any of our service providers can ensure or warrant the security of any information you transmit to us over the internet or text message. Any such transmission is done at your own risk.
8) Links to Third-Party Websites
The Site may include links to websites operated by third parties. JKI endeavors to link only to reputable organizations; however, because other sites are not hosted or controlled by us, JKI is not responsible for the privacy practices of those sites or the content provided thereon. Therefore, the privacy policies of the linked sites may differ from those applicable to the Site, and we encourage you to review the privacy policies of those other websites. This Privacy Policy only applies to information that JKI collects through the Site and does not address the privacy or information practices of any third parties or other sites.
9) Your California Privacy Rights
If you are a California resident, you may be entitled by law to request certain information regarding any disclosure by JKI to third parties of personal information for their direct marketing purposes. However, JKI has adopted a policy of not sharing your personally identifiable information with third parties for their direct marketing purposes. To make such a request, send an email to [email protected], specifying that you seek your “California Customer Privacy Notice.” Please allow thirty days for a response.
10) Responding to "Do Not Track" Signals
Except as otherwise specified in this Privacy Policy, JKI does not alter the practices detailed herein based upon your selection of the “Do Not Track” setting or other “opt out” setting or feature that may be offered by your browser; however, JKI reserves the right to do so in the future.
11) Questions?
If you have any questions about this Privacy Policy or the Site, please contact us at [email protected].
NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT OR INTELLECTUAL PROPERTY INFRINGEMENT
JKI may, in appropriate circumstances and at its sole discretion, disable and/or terminate use by users who infringe the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide JKI’s Copyright Agent a Notice containing the following information:
1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
2. a description of the copyrighted work or other intellectual property that you claim has been infringed;
3. a description of where the material that you claim is infringing is located on the site (providing URL(s) in the body of an email is the best way to help JKI locate content quickly);
4. your address, telephone number, and email address;
5. 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;
6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
JKI'ss Copyright Agent for Notice of claims of copyright or other intellectual property infringement can be reached in the following ways:
Mailing Address:
Jennifer Kelman Inc.
5944 Coral Ridge Drive Ste 163
Coral Springs, FL 33076
Telephone: 561-899-7192
Email: [email protected]
Attn: DMCA Complaints