Effective Date: October 1, 2020
Welcome to http://themompsychologist.com (the “Website”). This Terms and Conditions
Agreement (the “Agreement”) is made and entered into by and between you and Jazmine McCoy
LLC, a California limited liability company (the “Company”, “us”, “we”, or “our”). This
Agreement sets forth the terms and conditions that govern your use of and access to the Website
and any products, materials, and services provided by or on the Website (collectively, the
“Services”).
1. Acceptance of this Agreement.
1.1 Acceptance Through Using or Accessing the Services.
Please review the following terms carefully. By accessing or using the Services (or b clicking on “accept” or “agree” to this Agreement when prompted), you agree to be
bound by the terms and conditions of this Agreement on behalf of yourself or the entity
or organization that you represent. If you do not agree to the terms and conditions of
this Agreement, you may not use or access the Services and must exit the Website
immediately.
1.2 Eligibility Requirements to Use or Access the Services.
To use the Website or any other Services, you must be (i) at least 13 years old, (ii) a
resident of the United States, and (iii) not a competitor of or using the Services for
purposes that are competitive with the Company.
By accessing or using the Services, you represent and warrant that you meet all the
foregoing eligibility requirements. You also represent and warrant that you have the
right, authority, and capacity to enter into this Agreement on your behalf or the entity or
organization that you represent. If you do not meet all these requirements, you may not
use or access the Services.
1.3 Changes to this Agreement.
The Company reserves the right to change this Agreement from time to time in its sole
discretion. The Company will notify you of any significant changes by placing a notice
on the Website, sending you an email, or by some other means. Any changes to the
Agreement will be effective upon thirty (30) calendar days following the earliest form
of notification. For new users, the changes will be effective immediately. By continuing
to access or use Our Service after those revisions become effective, you agree to be
bound by the revised terms. If you do not agree to the new terms, in whole or in part,
please stop using the website and the Service.
2. Access to the Services.
User Can or Must Create an Account:
(a) Changes to Your Access and the Services. The Services may change from time to time
as the Company evolves, refines, or adds more features to the Services. The Company
reserves the right to modify, withdraw, or discontinue the Services, in whole or in part, at
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any time without notice to you. You agree that the Company shall have no liability to you
or any third party for any losses or damages caused by the Services not being available, in
whole or in part, at any time or for any period.
(b) Creating an Account. You may be required to register for an account and provide
certain information about yourself to access the Services or certain features of the Services.
You promise to provide us with accurate, complete, and updated information about
yourself. The Company may have different types of accounts for different users. If you
connect to any Services with a third-party service, you grant us permission to access and
use your information from such service as permitted by that service to store your login
credentials for that service. All information that you provide will be governed by our
Privacy Policy (https://themompsychologist.com/privacy-policy/). You consent to all
actions that we may take with respect to your information consistent with our Privacy
Policy.
(c) Account Responsibilities. You are entirely responsible for maintaining the
confidentiality of your password and account. You are also entirely responsible for any and
all activities associated with your account. Your account is personal to you and you agree
not to provide any other person with access to the Services or any portions of it using your
username, password, or other security information. You should ensure that you exit from
your account at the end of each session. You should use extra caution when accessing your
account from a public or shared computer so that others are not able to view or record your
password or other personal information. You may not transfer your account to anyone else
without our prior written permission. You agree to notify the Company immediately of any
actual or suspected unauthorized use of your account or any other breach of security. The
Company will not be liable for any losses or damages arising from your failure to comply
with the above requirements. You will be held liable for losses or damages incurred by the
Company or any third party due to someone else using your account or password.
(d) Termination or Deletion of an Account. The Company shall have the right to suspend
or terminate your account at any time in our sole discretion for any or no reason, including
if we determine that you have violated any terms or conditions of this Agreement. You
may delete your account at any time, for any reason, by following the instructions on the
Website.
3. Policy for Using the Services.
3.1 Prohibited Uses.
For Personal Use Only:
You may use the Services for lawful purposes only and in accordance with this
Agreement. You agree not to use the Services in any way that could damage the
Services or general business of the Company. You may only use the Services for your
own personal, non-commercial use, and not on behalf of or for the benefit of any third
party.
3.2 Geographic Restrictions.
The Company is based in the United States. The Services are for use by persons located
in the United States only. By choosing to access the Services from any location other
than the United States, you accept full responsibility for compliance with all local laws.
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The Company makes no representations that the Services or any of its content are
accessible or appropriate outside of the United States.
4. Intellectual Property Rights.
4.1 Ownership of Intellectual Property.
You acknowledge that all intellectual property rights, including copyrights, trademarks,
trade secrets, and patents, in the Services and its contents, features, and functionality
(collectively, the “Content”), are owned by the Company, its licensors, or other
providers of such material. The Content is protected by U.S. and international
intellectual property or proprietary rights laws. Neither this Agreement nor your access
to the Services transfers to you any right, title, or interest in or to such intellectual
property rights. Any rights not expressly granted in this Agreement are reserved by the
Company and its licensors.
4.2 License to Use the Services.
For Personal Use Only:
During the Term of this Agreement, the Company grants you a limited, non-exclusive,
non-transferable, non-sublicensable, and revocable license to use and access the Content
solely for personal and non-commercial use only in accordance with this Agreement.
The Content may not be used for any other purpose. This license will terminate upon
your cessation of use of the Services or at the termination of this Agreement.
4.3 Certain Restrictions.
The rights granted to you in this Agreement are subject to the following restrictions:
(a) No Copying or Distribution. You shall not copy, reproduce, publish, display,
perform, post, transmit, or distribute any part of the Content in any form or by any
means except as expressly permitted herein or as enabled by a feature, product, or
the Services when provided to you.
(b) No Modifications. You shall not modify, create derivative works from, translate,
adapt, disassemble, reverse compile, or reverse engineer any part of the Content.
(c) No Exploitation. You shall not sell, license, sublicense, transfer, assign, rent, lease,
loan, host, or otherwise exploit the Content or the Services in any way, whether in
whole or in part.
(d) No Altering of Notices. You shall not delete or alter any copyright, trademark, or
other proprietary rights notices from copies of the Content.
(e) No Competition. You shall not access or use the Content in order to build a similar
or competitive website, product, or service.
(f) Systematic Retrieval. You shall not use any information retrieval system to create,
compile, directly or indirectly, a database, compilation, collection or directory of
the Content or other data from the Services.
4.4 Trademark Notice.
All trademarks, logos, and service marks displayed on the Services are either the
Company’s property or the property of third parties. You may not use such trademarks,
logos, or service marks without the prior written consent of their respective owners.
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5. User Content.
5.1 User Generated Content.
The Services may contain message boards, chatrooms, profiles, forums, and other
interactive features that allow users to post, upload, submit, publish, display, or transmit
to other users or other persons content or materials (collectively, “User Content”) on or
through the Services.
You are solely responsible for your User Content. Please consider carefully what you
choose to share. All User Content must comply with the Content Standards set forth
below. Any User Content you post on or through the Services will be considered non-
confidential and non-proprietary. You assume all risks associated with the use of your
User Content. This includes any reliance on its accuracy, completeness, reliability, or
appropriateness by other users and third parties, or any disclosure of your User Content
that personally identifies you or any third party. You agree that the Company shall not
be responsible or liable to any third party for any User Content posted by you or any
other user of the Services.
You further agree that the Company shall not be responsible for any loss or damage
incurred as the result of any interactions between you and other users. Your interactions
with other users are solely between you and such users. If there is a dispute between you
and any other user, we are under no obligation to become involved.
5.2 License.
You hereby grant to the Company an irrevocable, non-exclusive, royalty-free and fully
paid, transferable, perpetual, and worldwide license to reproduce, distribute, publicly
display and perform, prepare derivative works of, incorporate into other works, and
otherwise use and exploit your User Content, and to grant sublicenses of the foregoing
rights, in connection with the Services and the Company’s business including, without
limitation, for promoting and redistributing part or all of the Services in any media
formats and through any media channels.
You represent and warrant that you have all the rights, power, and authority necessary
to grant the rights granted herein to any User Content that you submit. You hereby
irrevocably waive all claims and have no recourse against us for any alleged or actual
infringement or misappropriation of any proprietary rights in any communication,
content, or material submitted to us. Please note that all of the following licenses are
subject to our Privacy Policy (https://themompsychologist.com/privacy-policy/) to the
extent they relate to any User Content that contains any personally identifiable
information.
5.3 Content Standards.
You agree not to send, knowingly receive, upload, transmit, display, or distribute any
User Content that does not comply with the following standards (“Content Standards”).
User Content must not:
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(a) Violate Laws or Obligations. Violate any applicable laws or regulations (including
intellectual property laws and right of privacy or publicity laws), or any contractual
or fiduciary obligations.
(b) Promote Illegal Activity or Harm to Others. Promote any illegal activity; advocate,
promote, or assist any unlawful act; or create any risk of any harm, loss, or damage
to any person or property.
(c) Infringe Intellectual Property Rights. Infringe any copyright, trademark, patent,
trade secret, moral right, or other intellectual property rights of any other person.
(d) Defamatory, Abusive, or Otherwise Objectionable Material. Contain any
information or material that we deem to be unlawful, defamatory, trade libelous,
invasive of another’s privacy or publicity rights, abusive, threatening, harassing,
harmful, violent, hateful, obscene, vulgar, profane, indecent, offensive,
inflammatory, humiliating to other people (publicly or otherwise), or otherwise
objectionable. This includes any information or material that we deem to cause
annoyance, inconvenience, or needless anxiety, or be likely to upset, embarrass,
alarm, or annoy another person.
(e) Promotion of Sexually Explicit Material or Discrimination. Promote sexually
explicit or pornographic material, violence, or discrimination based on race, sex,
religion, nationality, disability, sexual orientation, or age.
(f) Fraudulent Information or Impersonation. Contain any information or material that
is false, intentionally misleading, or otherwise likely to deceive any person
including, without limitation, impersonating any person, or misrepresenting your
identity or affiliation with any person or organization.
(g) Commercial Activity. Involve commercial activities or sales, such as contests,
sweepstakes, and other sales promotions, barter, or advertising.
(h) Endorsement by the Company. Represent or imply to others that it is in any way
provided, sponsored, or endorsed by the Company or any other person or entity, if
that is not the case.
5.4 Monitoring and Enforcement.
We reserve the right at all times, but are not obligated, to:
(a) take any action with respect to any User Content that we deem necessary or
appropriate in our sole discretion, including if we believe that such User Content
violates the Content Standards or any other provision in this Agreement, or creates
liability for the Company or any other person. Such action may include reporting
you to law enforcement authorities.
(b) remove or reject any User Content for any or no reason in our sole discretion.
(c) disclose any User Content, your identity, or electronic communication of any kind
to satisfy any law, regulation, or government request, or to protect the rights or
property of the Company or any other person.
(d) Terminate or suspend your access to all or part of the Services for any or no reason,
including without limitation, any violation of this Agreement.
We do not review User Content before it is posted on or through the Services, and
therefore cannot ensure prompt removal of questionable User Content. Accordingly, the
Company and its affiliates, and their respective officers, directors, employees or agents,
assume no liability for any action or inaction regarding transmissions, communications,
or content provided by any user or third party. The Company shall have no liability or
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responsibility to anyone for performance or non-performance of the activities described
in this Section.
5.5 Copyright Infringement (Digital Millennium Copyright Act Policy).
The Company respects the intellectual property of others and expects users of the
Services to do the same. It is the Company’s policy to terminate the users of our
Services who are repeat infringers of intellectual property rights, including copyrights.
If you believe that your work has been copied in a way that constitutes copyright
infringement and wish to have the allegedly infringing material removed, please provide
the following information in accordance with the Digital Millennium Copyright Act to
our designated copyright agent:
(a) a physical or electronic signature of the copyright owner or a person authorized to
act on their behalf;
(b) a description of the copyrighted work that you allege has been infringed;
(c) a description of the material that is claimed to be infringing or to be the subject of
infringing activity and that is to be removed or access to which is to be disabled;
(d) a description of where the material that you claim is infringing is located;
(e) your contact information, including your address, telephone number, and email
address;
(f) a statement that you have a good faith belief that use of the objectionable material is
not authorized by the copyright owner, its agent, or under the law; and
(g) a statement by you, made under penalty of perjury, that the above information in
your notice is accurate and that you are the copyright owner or authorized to act on
the copyright owner’s behalf.
Please note that pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in
a written notification automatically subjects the complaining party to liability for any
damages, costs, and attorneys’ fees incurred by us in connection with the written
notification and allegation of copyright infringement.
Designated copyright agent for the Company:
Jazmine McCoy LLC
Attn: Jazmine McCoy
PO BOX 340621
Sacramento CA 95834
TELEPHONE: 916-772-1642
EMAIL: hello@themompsychologist.com
5.6 Feedback to the Company.
If you provide the Company with any feedback or suggestions regarding the Services
(“Feedback”), you hereby assign to the Company all rights in such Feedback and agree
that the Company shall have the right to use and fully exploit such Feedback and related
information in any manner it deems appropriate. The Company will treat any Feedback
that you provide to the Company as non-confidential and non-proprietary. You agree
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that you will not submit to the Company any information or ideas that you consider to
be confidential or proprietary.
6. Orders for Goods
6.1 Placing Orders for Goods
By placing an Order for Goods through the Service, you warrant that you are legally capable
of entering into binding contracts.
6.2 Your Information
If you wish to place an Order for Goods available on the Service, you may be asked to
supply certain information relevant to your Order including, without limitation, your name,
your email, your phone number, your credit card number, the expiration date of your credit
card, your billing address, and your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s)
or other payment method(s) in connection with any Order; and that (ii) the information you
supply to us is true, correct and complete.
By submitting such information, you grant us the right to provide the information to payment
processing third parties for purposes of facilitating the completion of your Order.
6.3 Order Cancellation
We reserve the right to refuse or cancel your Order at any time for certain reasons including
but not limited to:
● Goods availability
● Errors in the description or prices for Goods
● Errors in Your Order
We reserve the right to refuse or cancel your Order if fraud or an unauthorized or illegal
transaction is suspected.
Your Order Cancellation Rights
Any Goods you purchase can only be returned in accordance with these Terms and
Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns
Policy to learn more about your right to cancel your Order.
Your right to cancel an Order only applies to Goods that are returned in the same condition
as you received them. You should also include all of the products instructions, documents
and wrappings. Goods that are damaged or not in the same condition as you received them or
which are worn simply beyond opening the original packaging will not be refunded. You
should therefore take reasonable care of the purchased Goods while they are in your
possession.
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We will reimburse you no later than 14 days from the day on which We receive the returned
Goods. We will use the same means of payment as you used for the Order, and you will not
incur any fees for such reimbursement.
You will not have any right to cancel an Order for the supply of any of the following Goods:
● The supply of Goods made to your specifications or clearly personalized.
● The supply of Goods which according to their nature are not suitable to be returned,
deteriorate rapidly or where the date of expiry is over.
● The supply of Goods which are not suitable for return due to health protection or
hygiene reasons and were unsealed after delivery.
● The supply of Goods which are, after delivery, according to their nature, inseparably
mixed with other items.
● The supply of digital content which is not supplied on a tangible medium if the
performance has begun with your prior express consent and you have acknowledged
your loss of cancellation right.
6.4 Availability, Errors and Inaccuracies
We are constantly updating our offerings of Goods on the Service. The Goods available on
Our Service may be mispriced, described inaccurately, or unavailable, and We may
experience delays in updating information regarding our Goods on the Service and in our
advertising on other websites.
We cannot and do not guarantee the accuracy or completeness of any information, including
prices, product images, specifications, availability, and services. We reserve the right to
change or update information and to correct errors, inaccuracies, or omissions at any time
without prior notice.
6.5 Prices Policy
The Company reserves the right to revise its prices at any time prior to accepting an Order.
The prices quoted may be revised by the Company subsequent to accepting an Order in the
event of any occurrence affecting delivery caused by government action, variation in
customs duties, increased shipping charges, higher foreign exchange costs and any other
matter beyond the control of the Company. In that event, you will have the right to cancel
your Order.
6.7 Payments
All Goods purchased are subject to a one-time payment. Payment can be made through
various payment methods we have available, such as Visa, MasterCard, Affinity Card,
American Express cards or online payment methods (PayPal, for example).
Payment cards (credit cards or debit cards) are subject to validation checks and authorization
by your card issuer. If we do not receive the required authorization, we will not be liable for
any delay or non-delivery of your Order.
6.8 Promotions
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Any Promotions made available through the Service may be governed by rules that are
separate from these Terms.
If you participate in any Promotions, please review the applicable rules as well as our
Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules
will apply.
7. Assumption of Risk.
The information presented on or through the Services is made available for general
information purposes only. The Company does not warrant the accuracy, completeness,
suitability, or quality of any such information. Any reliance on such information is strictly
at your own risk. The Company disclaims all liability and responsibility arising from any
reliance placed on such information by you or any other user to the Services, or by anyone
who may be informed of any of its contents.
8. Privacy.
No Information from Children Under 13:
For information about how the Company collects, uses, and shares your information,
please review our Privacy Policy (https://themompsychologist.com/privacy-policy/). You
agree that by using the Services you consent to the collection, use, and sharing (as set forth
in the Privacy Policy) of such information.
The Children’s Online Privacy Protection Act requires that online service providers obtain
parental consent before they knowingly collect personally identifiable information online
from children who are under 13 years old. We do not knowingly collect or solicit
personally identifiable information from children under 13 years old. If you are a child
under 13 years old, please do not attempt to register for the Services or send any personal
information about yourself to us. If we learn we have collected personal information from
a child under 13 years old, we will delete that information as quickly as possible. If you
believe that a child under 13 years old may have provided us personal information, please
contact us.
9. Third-Party Links and Ads.
The Services may contain links to third-party websites, resources, and services, as well as
advertisements (collectively, “Third-Party Links”). Third-Party Links are provided for
your convenience only. The Company does not review, approve, monitor, endorse,
warrant, or make any representations with respect to Third-Party Links. The Company has
no control over the contents, products, or services of any Third-Party Link and accepts no
responsibility for them or for any loss or damage that may arise from your use of them. If
you decide to access any Third-Party Link, you do so entirely at your own risk and subject
to the terms and conditions of use for such Third-Party Link. You should make whatever
investigation you feel necessary or appropriate before proceeding with any transaction in
connection with any Third-Party Link.
10. Termination.
10.1 Termination.
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The Company may suspend or terminate your access or rights to use the Services at any
time, for any reason, in our sole discretion, and without prior notice, including for any
breach of the terms of this Agreement. Upon termination of your access or rights to use
the Services, your right to access and use the Services will immediately cease. The
Company will not have any liability whatsoever to you for any suspension or
termination of your rights under this Agreement, including for termination of your
account or deletion of your User Content. If you have registered for an account, you
may terminate this Agreement at any time by contacting the Company and requesting
termination.
10.2 Effect of Termination.
Upon termination of this Agreement, any provisions that by their nature should survive
termination shall remain in full force and effect. This includes, without limitation,
ownership or intellectual property provisions, warranty disclaimers, and limitations of
liability. Termination of your access to and use of the Services shall not relieve you of
any obligations arising or accruing prior to termination or limit any liability that you
otherwise may have to the Company or any third party. You understand that any
termination of your access to and use of the Services may involve deletion of your User
Content associated with your account from our databases.
11. No Warranty.
THE SERVICES ARE PROVIDED ON AN “AS-IS” AND “AS AVAILABLE” BASIS.
USE OF THE SERVICES IS AT YOUR OWN RISK. TO THE MAXIMUM EXTENT
PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED WITHOUT
WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR
OTHERWISE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET
ENJOYMENT, ACCURACY, OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, THE COMPANY AND ITS LICENSORS
DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE,
COMPLETE, OR CORRECT; THAT THE SERVICES WILL MEET YOUR
REQUIREMENTS; THAT THE SERVICES WILL BE AVAILABLE AT ANY
PARTICULAR TIME OR LOCATION, UNINTERRUPTED, ERROR-FREE, OR
SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; THAT THE
SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR
THAT THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES WILL
OTHERWISE MEET YOUR REQUIREMENTS OR EXPECTATIONS. TO THE
FULLEST EXTENT PROVIDED BY LAW. WE WILL NOT BE LIABLE FOR ANY
LOSS OR DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, DATA,
OR OTHER PROPRIETARY MATERIAL THAT MAY RESULT FROM YOUR USE
OF THE SERVICES OR ITEMS OBTAINED THROUGH THE SERVICES OR YOUR
DOWNLOADING OF ANY MATERIAL POSTED ON THE SERVICES. WE DO NOT
WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY
PRODUCT OR SERVICES ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE SERVICES OR THIRD-PARTY LINKS, AND WE WILL NOT BE A
PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU
AND ANY THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES OR ANY
OTHER USER.
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THE SERVICES WOULD NOT BE PROVIDED WITHOUT THESE LIMITATIONS.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US THROUGH THE SERVICES SHALL CREATE ANY WARRANTY,
REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS
AGREEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO
YOU. IF APPLICABLE LAW REQUIRES ANY WARRANTIES WITH RESPECT TO
THE SERVICES, ALL SUCH WARRANTIES ARE LIMITED IN DURATION TO
NINETY (90) DAYS FROM THE DATE OF FIRST USE.
12. Limitation of Liability.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, IN NO EVENT
SHALL THE COMPANY OR ITS AFFILIATES, OR THEIR RESPECTIVE
LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR
DIRECTORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OF
USE, REVENUE, OR PROFIT, LOSS OF BUSINESS OR ANTICIPATED SAVINGS,
LOSS OF DATA, LOSS OF GOODWILL, OR DIMINUTION IN VALUE, OR FOR
ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR
PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF
WHETHER SUCH DAMAGE WAS FORESEEABLE AND WHETHER OR NOT THE
COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER
REMEDY OF ITS ESSENTIAL PURPOSE. SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE
LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU.
TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW,
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN,
THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS AFFILIATES, AND
THEIR RESPECTIVE LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS,
OFFICERS, AND DIRECTORS, TO YOU (FOR ANY CAUSE WHATSOEVER AND
REGARDLESS OF THE FORM OF THE ACTION) WILL AT ALL TIMES BE
LIMITED TO A MAXIMUM OF [FIFTY ($50) DOLLARS] [THE AGGREGATE
AMOUNT PAID TO THE COMPANY FOR ANY GOODS, SERVICES, OR
INFORMATION] [THE GREATER OF ONE HUNDRED ($100) DOLLARS OR THE
AGGREGATE AMOUNTS PAID TO THE COMPANY IN THE LAST SIX (6)
MONTHS]. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION
OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY
NOT APPLY TO YOU.
13. Indemnification.
You agree to indemnify, defend, and hold harmless the Company and its affiliates and their
respective officers, directors, employees, agents, affiliates, successors, and permitted
assigns (collectively, “Indemnified Party”) from and against any and all losses, claims,
actions, suits, complaints, damages, liabilities, penalties, interest, judgments, settlements,
deficiencies, disbursements, awards, fines, costs, fees, or expenses of whatever kind,
including reasonable attorneys’ fees, fees and other costs of enforcing any right to
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indemnification under this Agreement, and the cost of pursuing any insurance providers,
arising out of or relating to your breach of this Agreement or your use or misuse of the
Services including, but not limited to, your User Content or any actions taken by a third
party using your account. The Company reserves the right, at your expense, to assume the
exclusive defense and control of any matter for which you are required to indemnify us,
and you agree to assist and cooperate with our defense or settlement of these claims.
14. Disputes.
14.1 Governing Law.
All matters relating to this Agreement, and all matters arising out of or relating to this
Agreement, whether sounding in contract, tort, or statute are governed by, and construed
in accordance with, the laws of the State of California, without giving effect to any
conflict of law principles.
14.2 Dispute Resolution.
Mandatory Arbitration:
Please read this Section carefully. It contains procedures for MANDATORY BINDING
ARBITRATION AND A CLASS ACTION WAIVER.
Any dispute, claim or controversy arising out of or relating to this Agreement, or the
breach, termination, enforcement, interpretation or validity thereof, shall be submitted to
and decided by a single arbitrator by binding arbitration under the rules of the American
Arbitration Association in Sacramento County, California. The decision of the arbitrator
shall be final and binding on the parties and may be entered and enforced in any court of
competent jurisdiction by either party. The prevailing party in the arbitration
proceedings shall be awarded reasonable attorneys’ fees, expert witness costs and
expenses, and all other costs and expenses incurred directly or indirectly in connection
with the proceedings, unless the arbitrator shall for good cause determine otherwise.
All arbitrations shall proceed on an individual basis. You agree that you may bring
claims against the Company in arbitration only in your individual capacity and in so
doing you hereby waive the right to a trial by jury, to assert or participate in a class
action lawsuit or class action arbitration (either as a named-plaintiff or class member),
and to assert or participate in any joint or consolidated lawsuit or joint or consolidated
arbitration of any kind. Notwithstanding anything to the contrary under the rules of the
American Arbitration Association, the arbitrator may not consolidate more than one
person’s claims, and may not otherwise preside over any form of a representative or
class proceeding. If a court decides that applicable law precludes enforcement of any of
this paragraph’s limitations as to a particular claim for relief, then that claim (and only
that claim) must be severed from the arbitration and may be brought in court.
YOU UNDERSTAND AND AGREE THAT BY ENTERING INTO THESE TERMS,
YOU ARE WAIVING THE RIGHT TO TRIAL BY JURY OR TO PARTICIPATE IN
A CLASS ACTION.
14.3 Limitation to Time to File Claims.
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR
RELATING TO THIS AGREEMENT OR THE SERVICES MUST BE
COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION
AROSE; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS
PERMANENTLY WAIVED AND BARRED.
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15. Miscellaneous.
15.1 Waiver.
Except as otherwise set forth in this Agreement, no failure of the Company to exercise,
or delay by the Company in exercising, any right, remedy, power, or privilege arising
from this Agreement shall operate or be construed as a waiver thereof, nor shall any
single or partial exercise of any right, remedy, power, or privilege hereunder preclude
any other or further exercise thereof or the exercise of any other right, remedy, power,
or privilege.
15.2 Severability.
If any term or provision of this Agreement is found by a court of competent jurisdiction
to be invalid, illegal, or unenforceable, such invalidity, illegality, or unenforceability
shall not affect any other term or provision of this Agreement or invalidate or render
unenforceable such term or provision in any other jurisdiction.
15.3 Entire Agreement.
This Agreement, together with all documents referenced herein, constitutes the entire
agreement between you and the Company with respect to the subject matter contained
herein. This Agreement supersedes all prior and contemporaneous understandings,
agreements, representations, and warranties, both written and oral, with respect to the
subject matter hereof.
15.4 Headings.
Headings and titles of sections, clauses, and parts in this Agreement are for convenience
only. Such headings and titles shall not affect the meaning of any provisions of the
Agreement.
15.5 No Agency, Partnership or Joint Venture.
No agency, partnership, or joint venture has been created between you and the
Company as a result of this Agreement. You do not have any authority of any kind to
bind the Company in any respect whatsoever.
15.6 Assignment.
You shall not assign or delegate any of your rights or obligations under this Agreement
without the prior written consent of the Company. Any purported assignment or
delegation in violation of this Section shall be deemed null and void. No assignment or
delegation shall relieve you of any of your obligations hereunder. The Company may
freely assign or delegate its rights and obligations under this Agreement at any time.
Subject to the limits on assignment stated above, this Agreement will inure to the
benefit of, be binding on, and be enforceable against each of the parties hereto and their
respective successors and assigns.
15.7 For European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions
of the law of the country in which you are resident in.
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15.8 United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the
United States government embargo, or that has been designated by the United States
government as a “terrorist supporting” country, and (ii) You are not listed on any United
States government list of prohibited or restricted parties.
15.9 Translation Interpretation
These Terms and Conditions may have been translated if We have made them available
to you on our Service. You agree that the original English text shall prevail in the case
of a dispute.
14.10 Export Laws.
The Services may be subject to U.S. export control laws and regulations. You agree to
abide by these laws and their regulations (including, without limitation, the Export
Administration Act and the Arms Export Control Act) and not to transfer, by electronic
transmission or otherwise, any materials from the Services to either a foreign national or
a foreign destination in violation of such laws or regulations.
16. Contact Information.
All notices of copyright infringement claims should be sent to the designated copyright
agent as provided in Section 5 (User Content). All other feedback, comments, requests for
technical support, and other communications relating to the Services should be directed to
hello@themompsychologist.com.
MISC:
The websites www.themompsychologist.com, http://themompsychologist.mykajabi.com,
(hereinafter collectively “Website” or “Websites”) are owned and operated by Jazmine
McCoy LLC, a California Corporation (hereinafter “we” “us” “our”). Please read the
following Disclaimer before using our Website - by visiting and using Websites, you
(hereinafter “visitor” “you” “your”) are consenting that you have read this Disclaimer to
the point that you feel you understand the terms outlined herein, and agree to be bound by
them.
1. To access or use Website, you must be 18 years or older and have the required mental
capacity to enter into and abide by this Disclaimer. By using Website, you represent that
you are at least 18 years of age, and that you agree to the Disclaimer herein. Use of
Website by anyone under 18 is not authorized or condoned by us.
2. This Disclaimer may be subject to changes or updates, and Website may not provide
notice of such changes or updates. We reserve our right to make changes or updates at any
time, and the burden is on the user to routinely check Disclaimer for updates. By
continuing to use Website and the content we produce, you agree to be bound by the most
updated version of the Disclaimer, whether or not you have read it. If you are not in
agreement with the Disclaimer as is, please do not use our Website or any of the content
that appears thereon.
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3. The purpose of Website is solely to provide educational and general information about
parenting, motherhood, mental health, mindset, and child development, to share the author
and select contributing writer’s personal opinions and experiences, and to provide
information on our products and services available for purchase. Any content on this
website or provided as a result of your decision to opt-in to our email list has been created
solely for the purpose of education and for informational purposes only, and is not
intended as personalized advice. Should you elect to act on the information you read, or
purchase a product, membership, or service from us, you acknowledge and understand you
are making an independent decision that the information is right for you. By visiting
Website, you agree and understand that this content is made available to you as a self-help
tool only. Nothing on this website or distributed via email is intended to take the place of a
consultation with a licensed therapist, physician, dietician, nutritionist, counselor, or
medical professional of any kind.
1. The content on Website is not to be considered medical advice for any reason, and
nothing herein is intended to provide or act as a substitute for mental health
treatment. You as the visitor understand and agree that while Jazmine McCoy LLC
owners are successful business owners, and select qualified contributing writers to
contribute to the Jazmine McCoy LLC Online Magazine, the content herein is for
general information purposes. You reading information on website does not make
you a client of Jazmine McCoy LLC, and we are not attempting nor suggesting you
follow the content on Website instead of or in place of a personalized consultation
with a relevant professional who knows your specific situation. The information
contained on Website, written and sent out via email, or made available through our
products, programs, and services is not intended to be a substitute for personalized
coaching, medical advice or therapy/counseling, nor is anything contained herein
designed to provide you with a medical diagnosis, treatment, or other medical
services. By visiting this site you understand and agree this website is not providing
any medical advice, is not providing any counseling or therapy services, is not a
substitute to you seeking personalized therapy for yourself or someone else, nor is it
attempting to diagnose or treat any mental or physical medical conditions.
4. We encourage you to consult your physician and/or a licensed therapist if you suspect
you may benefit from such services. We will assume that all individuals choosing to
consume or implement any information found on Website will have previously obtained
clearance and permission from their applicable personal medical physician or therapist, and
has concluded that coaching information may be useful or right for them. We also
encourage you to use common sense in determining whether any such content is right for
you or your child, and trust that you will discuss with a personal medical professional prior
to following any such information. Nothing contained on Website is intended to diagnose,
cure, treat, or prevent any medical condition or disease, nor is it to be considered medical
advice in any capacity.
WEBSITE USE
PURPOSE
MEDICAL DISCLAIMER – NOT MEDICAL OR PROFESSIONAL ADVICE
1. By choosing to visit this site and read the information provided, you understand and
agree that you are voluntarily choosing to read, implement and/or participate in the use of
Website and any information contained herein, and are solely responsible for any outcomes
or results (positive or negative.) We cannot be responsible for any action you may choose
to take regarding the information provided, and you acknowledge and agree that we are not
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responsible nor liable to you should you sustain any injuries or negative ramifications. The
information contained on Website is intended as general information only; we cannot know
your individual medical or physical state, and do not claim to know what may or may not
work for you. As such, you agree that you are fully responsible for your health and well-
being, and any decisions you make to implement or follow anything you find on Website.
2. The purpose of Website and the content herein is designed to provide you with useful
information, and to support and assist you in reaching the goals you desire. However,
individual success depends on your own mental and emotional state, as well as your
dedication, effort, and commitment. While I make every effort to help my readers, I cannot
predict results, nor am I able to know your personal situation; therefore, I cannot guarantee
that you will attain certain results. You agree and understand that I do not make any
guarantees regarding any specific results from using information found on Website, and
that any success will come in large part to your own personal situation and dedication.
3. Earnings Disclaimer: We also do not make any guarantees or assurances regarding a
particular financial outcome based on use of Website, nor are we responsible for Your
earnings, any increase or decrease in your finances based upon information you interpreted
from Website. Any information or testimonials contained herein that contain financial
information are individual results that may vary. The decision to use or implement any
information contained on Website is solely your own, and you agree we are not responsible
for any financial outcomes.
1. You understand and agree that your participation in using our website and/or adding
yourself to our email list is wholly voluntary, and you are solely and personally responsible
for your actions, choices, and any results therein. You understand there are sometimes
unknown risks and circumstances that may arise during or following use of our Website or
products, that cannot be foreseen or anticipated, but may influence or affect your business
or you as an individual. You understand and agree that any suggestion or recommendation
of a product, service, coach, or otherwise through our Website is purely information – any
decision to act upon these suggestions is to be taken by you, at your own risk, without any
liability on the part of Jazmine McCoy LLC. You agree to accept all risks herein.
4. Your use of this Website constitutes an agreement and acceptance that you will absolve
Jazmine McCoy LLC as well anyone acting as an agent, consultant, affiliate, guest
blogger, joint venture partner, employee, staff, team member, or anyone affiliated with Us
in any way of any liability for any loss, damage, injury, or litigation that you or any other
person may incur from direct or indirect use of the information, content, or products found
on our Website or via materials requested through email.
1. You agree at all times to defend, fully indemnify and hold harmless Jazmine McCoy
LLC and any affiliates, agents, team members or other party associated with it from any
causes of action, damages, losses, costs, expenses incurred as a result of your use of our
Website or any products or services contained therein, as well as any third party claims of
any kind (including attorney’s fees) arising from your actions in relation to our Website or
any breach by you of any such conditions outlined herein. Should we be required to defend
ourselves in any action directly or indirectly involving you, or an action where we decide
your participation or assistance would benefit our defense, you agree to participate and
provide any evidence, documents, testimony, or other information deemed useful by us,
free of charge.
5. We will attempt to monitor comments and posts made by third parties and users as often
as possible. Should you, as a user of our Website, see anything objectionable or offensive
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posted by a third party, you agree to (1) notify us of the material, and (2) agree not to take
any action against us based upon the content posted by the third party. You understand we
cannot be responsible for material posted by a user without our control, and agree to
release us of any and all claims arising therefrom.
6. Should you choose to utilize information offered on our website, whether free or for
purchase, you understand that we are not liable to any party, for any damages – whether
direct, indirect, consequential, foreseeable, incidental or otherwise – stemming or
perceived to stem from use of or reliance upon any information contained or found on our
Website, or from products or services purchased therefrom. You also understand and agree
that we are not liable for any damages incurring as a result of your reliance or use of
information on our Website written by a third party, whether endorsed or not by us, and
you agree to release us from any and all claims stemming from, or perceived to stem from,
reliance on information contained on our Website.
VOLUNTARY PARTICIPATION
NO GUARANTEES
LIMITATION OF LIABILITY
INDEMNIFICATION
1. Although we have spent considerable time and effort in creating the products and
services on www.themompsychologist.com and the content provided herein, you
understand and acknowledge that we are not responsible nor liable for any errors,
omissions, or liability as a result of any loss or damages incurred as a direct or indirect
result of your use of Website content or our products. You also understand there may be
inadvertent typographical errors or inaccuracies. By your use of this website, you
acknowledge and understand this information, and agree you have chosen/will choose to
utilize our Website and/or our products voluntarily. You agree that we are not responsible
for the accuracy of our Website, or for any errors or omissions that may occur on the site
or in our products.
2. Similarly, you understand your obligation to provide only authentic, accurate
information to us, including your name, email address, and payment information, should
you choose to purchase a product. You understand and agree that should any information
provided prove inaccurate, and any issues or damages arise from your giving us false or
inaccurate information, you may be liable for any subsequent damages that occur as a
result.
1. Website may feature testimonials from clients from time to time, in order to provide
readers with additional comments from others’ experiences with Website, Jazmine McCoy
LLC and products or services offered. While all information, photos, and quotes used are
from actual clients, sharing their real, honest opinions of our website and services, these
testimonials are not to be considered as a guarantee that current or future clients will
experience the same results, or a guarantee that all clients will have the same experience.
You understand and agree that by reading a featured testimonial on our Website, you do
not expect the same results, and understand this information is not a guarantee.
1. From time to time, we may choose to partner with, promote, become an affiliate of, or
otherwise engage in a joint venture with another individual or company whom we feel
aligns with our products or services. You understand that should an affiliate or joint
venture program be featured on our Website, we may receive financial compensation or
other payment as a result. Please note we will only feature or promote coaches, businesses,
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or products that we whole heartedly agree with and believe in, and genuinely believe will
help our audience.
3. However, you understand and agree that you must use your own judgement with respect
to determining whether any promotion of another product is right for you and your
business. Our decision to promote, suggest, or reference another service indicates nothing
more than an acknowledgement that we respect or appreciate the business, person, or
service. Your decision to use or purchase from such a promotion is yours alone, and you
understand we have no involvement in your decision, nor shall we have any liability
should you purchase from a promoted product and become unsatisfied. You agree and
understand we have no liability and you will hold us harmless should this occur.
4. Similarly, references to other coaches, information, events, services, products, opinions,
or companies on our Website, blog, or emails is meant purely as a way to share
information, not as an endorsement or suggestion that you purchase or use whatever is
being mentioned. We are not responsible for any information, content, emails, products,
programs, or services of any other person, business, or entity that may be referenced on our
Website.
1. You understand and agree that we make no warranties, express or implied, and hereby
renounce any such warranties, guarantees, or representations with respect to any portion of
our Website, the content herein, content distributed through email lists, social media, via
webinars, or that which is made available through purchase via our membership site. By
use of the Website, you agree and understand that use of content and information found
herein is to be used at your own risk, with no guarantees, representations, or warranties
regarding fitness for particular purpose, accuracy, or otherwise.
Your use of The websites www.themompsycholoigst.com,
http://themompsychologist.mykajabi.com, constitute full and complete acceptance and
agreement to this Disclaimer. Please contact hello@themompsychologist.com with any
questions or concerns.