Terms of Use and Privacy Policy

JOANNE GERBER, LLC

TERMS OF USE AND PRIVACY POLICY

JOANNE GERBER, LLC, a Massachusetts limited liability company (the “Company,” “We,” “Us,” or “Our”), owns the website available at the domain name joannegerber.com (the “Site”).  This User Agreement (this “Agreement”) is the legal agreement between you and JOANNE GERBER, LLC governing your use of the Site. Please read this Agreement carefully. The Site is provided to you only pursuant to your acceptance all of the terms and conditions contained in this Agreement. By using the Site and/or by completing the registration process, you represent and warrant that you have the legal capacity to enter into contracts, and you agree to be bound by these terms in connection with your access to, and use of, the Site. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS OF THIS AGREEMENT, WE DO NOT GRANT YOU ANY LICENSE OR USE RIGHTS HEREUNDER AND YOU SHOULD NOT USE THE SITE OR ITS ASSOCIATED CONTENT.

1. TERMS OF USE

Subject to your compliance with the terms and conditions of this Agreement, the Company will provide the Site to you for your use.

2. AVAILABILITY OF SITE

You acknowledge and agree that the availability of the Internet through any medium, and your ability to use the Site is on an “AS IS” and “AS AVAILABLE” basis. You acknowledge that availability of web-based browsing is not guaranteed. The Company is not responsible for the act or omission of any Internet provider, any limitations imposed by such provider, or such provider’s ability or inability to support the Site. You further acknowledge that the Company does not guarantee and is not responsible for the availability or accuracy of any third-party websites, and the Company does not endorse or warrant any such third-party websites. In addition and without limiting the foregoing, in no event will the Company be liable for any error by you in using the Site, for whatever reason.

3. MODIFICATION

The Company reserves the right, in its sole discretion, to modify the Site from time to time and without notice, including by removing, adding, or modifying content. The Company shall have no liability to you for any modification or discontinuation of the content. If you object to any such changes, your sole recourse shall be to cease using the Site. Continued use of the Site following any such changes shall indicate your acknowledgment of such changes and satisfaction with the Site as so modified.

4. LIMITATIONS ON YOUR USE

As a condition of use, you promise not to use the Site for any purpose that is unlawful or prohibited by this Agreement, or any other purpose not reasonably intended by the Company.

By way of example, and not as a limitation, you agree not to use the Site:

1. to abuse, harass, threaten, impersonate, or intimidate other Site users;
2. to contribute any content that is infringing, libelous, defamatory, obscene, pornographic, abusive, offensive, or otherwise violates any law or right of any third party;
3. for any illegal or unauthorized purpose. If you are an international user, you agree to comply with all local laws in your use of the Site;
4. to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any Site user;
5. to create or submit unwanted email (“Spam“) to any other Site users or any URL;
6. to violate any laws in your jurisdiction (including but not limited to copyright laws);
7. to submit stories or comments linking to affiliate programs, multi-level marketing schemes, sites/blogs repurposing existing stories (source hops), or off-topic content;
8. to attempt to gain access to another user’s account;
9. to use any robot, spider, scraper or other automated means to access the Site for any purpose without our express written permission (with the exception of accessing RSS feeds),

1. Additionally, you agree that you will not:
   (i) take any action that imposes, or may impose in our sole discretion, an unreasonable or disproportionately large load on the Company’s infrastructure;
   (ii) interfere or attempt to interfere with the proper working of the Site or any activities conducted on the Site;
   (iii) bypass any measures we may use to prevent or restrict access to the Site: with the intention of artificially inflating or altering the “writer rankings” or participating in any other organized effort that in any way artificially alters the results of the Company’s rankings.

The Company may remove any content at any time for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such content), or for no reason at all. To report abuse of these Terms of Use, please email: joanne@joannegerber.com.

5. MODIFICATION OF AGREEMENT

The Company may amend, supplement, or modify this Agreement from time to time by posting the amended Agreement on the Site, and you agree to be bound by any such amendment or modification. If you object to any such changes, your sole recourse shall be to cease using the Site. Continued use of the Site following posting of any such changes shall indicate your acknowledgment of such changes and agreement to be bound by the revised Agreement, inclusive of such changes.

6. PRIVACY

You may be asked to provide certain personal information to us, such as your name, contact information, and, for certain transactions, your credit card number. You agree that any such information that you provide is true, accurate and complete. The Company has an unrestricted right to collect and use any personal information you provide in connection with the Site, provided that any such use shall be in accordance with our Privacy Policy (see below). If you use the Site, you are accepting the terms and conditions of our Privacy Policy. If you do not agree to have your information used in any of the ways described in the Privacy Policy, you must discontinue use of the Site.

8. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY AGREE THAT USE OF THE SITE IS AT YOUR OWN RISK. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE OR PURPOSE, AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTY THAT THE SITE WILL MEET YOUR REQUIREMENTS, OR THAT THE SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE. THE COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE SITE OR THE RESULTS THEREOF. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE SITE IS AT YOUR OWN DISCRETION AND RISK, AND THE COMPANY MAKES NO WARRANTY REGARDING ANY DEALINGS WITH OR TRANSACTIONS ENTERED INTO WITH ANY OTHER PARTIES THROUGH THE SITE. THE ENTIRE RISK AS TO SATISFACTORY QUALITY, PERFORMANCE, ACCURACY, EFFORTS AND RESULTS TO BE OBTAINED THROUGH THE USE OF THE SITE IS WITH YOU. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE THAT THE SITE OR CONTENT OBTAINED THROUGH THE SITE, IN NO WAY CONSTITUTES, MEDICAL ADVICE, AND IN NO EVENT CREATES A PHYSICIAN-PATIENT, RELATIONSHIP.

9. LIMITATION OF LIABILITY

YOU UNDERSTAND THAT TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, IN NO EVENT WILL THE COMPANY OR ITS MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, INSURERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF REVENUES, PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTIES WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATED TO YOUR USE OF THE SITE, REGARDLESS OF WHETHER SUCH DAMAGES ARE BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, STATUTE OR OTHERWISE. THE PARTIES ACKNOWLEDGE THAT THE TERMS OF THIS SECTION REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT THE PARTIES WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS OF LIABILITY. THE AGGREGATE LIABILITY OF THE COMPANY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THE SITE IS LIMITED TO YOUR ACTUAL, DOCUMENTED DAMAGES OR $5,000, WHICHEVER IS LOWER.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations and disclaimers may not apply to you. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit its liabilities, the scope and duration of such warranty and the extent of our liability shall be the minimum permitted under such applicable law.

10. INDEMNIFICATION

You agree to indemnify, defend and hold harmless the Company, its agents, employees, representatives, licensors, affiliates, officers, directors, and partners, from and against any and all claims, liabilities, damages, losses, costs, expenses, fees (including reasonable attorneys’ fees and court costs) resulting or arising from any third-party claim in connection with (a) any information you submit or transmit through the Site, including, but not limited to: comments, hyperlinks, embedded material, photos, video, audio, or graphics (b) your use of or access to the Site, (c) your violation of this Agreement, (d) your violation of any rights of any third party, including, but not limited to, any intellectual property right including copyright, trademark, trade dress, trade secret, or patent, or (e) any viruses, trojan horses, worms, time bombs, cancelbots, spyware, or other similar harmful or deleterious programming routines input by you into the Site.

11. INTELLECTUAL PROPERTY

Except where indicated, the Company and/or its licensors own all right, title and interest in and to the content on the Site. All such material is protected by relevant intellectual property laws, including copyright, trademark and/or trade secret laws. Without limiting anything herein, the Site and other material from the Site may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale, publicly performed, publicly displayed, or redistributed in any way without our prior written permission and the prior written permission of any applicable third-party entity. You must abide by all copyright notices, information or restrictions contained in or attached to any communication between you and the Company. In addition and without limiting the foregoing, all trademarks, marks, trade names, domain names, slogans, logos, and other indicia of origin (“Marks”) that appear on or in connection with the Site are the property of the Company and/or its affiliates, partners, licensors and/or licensees. All other third party marks appearing on the Site are owned by their respective applicants and registrants, and are used with permission. You are not authorized to use any such Marks. Ownership of all such Marks and the goodwill associated therein remains with us or those other entities.

13. COPYRIGHT INFRINGEMENT CLAIMS; PROCEDURE

Joanne Gerber, LLC respects the intellectual property rights of others, but does not independently confirm that all content made available through the Site is provided by a valid rights holder. In the event that the Company becomes aware that content published on or through the Site has been provided by a person who is not a valid rights holder, we may, in appropriate circumstances and at our discretion, disable and/or terminate the publication of such content.

In accordance with the Digital Millennium Copyright Act (DMCA), the Company will take down posts deemed to infringe any third party rights.

If you believe that your copyright in any material has been infringed on the Site, please send a “DMCA Notice” described below to the Company, at joanne@joannegerber.com.  To be effective, federal law requires your DMCA Notice to include the following information:

• Identification of the copyrighted work that you claim has been infringed.
• Identification of the material that you claim is infringing, with sufficient detail so that the Company may readily locate it.
• Information sufficient to permit the Company to contact you such as your name, address, telephone number, and e-mail address.
• A statement declaring that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
• A statement made under penalty of perjury that the above information in your notice is accurate, and that you are the owner of the copyright interest allegedly infringed or you are authorized to act on behalf of that owner.

The physical or electronic signature of the owner, or a person authorized to act on behalf of the owner, of the copyright interest allegedly infringed.

14. GOVERNING LAW/LIMITATIONS ON ACTIONS/NO AGENCY

This Agreement and the relationship between you and the Company shall be governed by the laws of the Commonwealth of Massachusetts, without giving effect to any choice of laws or principles that would require the application of the laws of a different country or state. Any legal action, suit, or proceeding arising out of or relating to this Agreement, or your use of the Site, must be instituted exclusively in the federal or state courts located in the Commonwealth of Massachusetts and in no other jurisdiction. You further consent to personal jurisdiction and venue in, and agree to service of process issued or authorized by any such court. The Company may provide you with notices, including those regarding changes to this Agreement, by email or by posting changes on the Site. Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement 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 that the other provisions of this Agreement remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Site or this Agreement must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in this Agreement are for convenience only and have no legal or contractual effect. The Agreement constitutes the entire, exclusive and final statement of the agreement between you and the Company with respect to the subject matter herein, superseding any prior agreements or negotiations between you and the Company with respect to the Site.

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind the Company in any respect whatsoever. If any provision of this Agreement is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. The Agreement is not assignable, transferable or sublicensable by you except with the Company’s prior written consent. The Company may transfer, assign or delegate the Agreement and its rights and obligations without consent.

JOANNE GERBER, LLC

PRIVACY POLICY

Joanne Gerber, LLC (hereafter the “Company”) takes care to safeguard your personal information. We take your privacy very seriously. Please read the following to learn more about our privacy policy. By using the Site, you are accepting the practices outlined in this Privacy Policy.

What Does This Privacy Policy Cover?

This Privacy Policy covers Joanne Gerber, LLC’s treatment of personal information that it gathers when you are on the Site.

This policy does not apply to the practices of third parties that the Company does not own or control, or to individuals whom the Company does not employ or manage.

What Personal Information About Users Does the Site Collect?

Our primary goal in collecting personal information is to provide you with a friendly, personalized, and efficient experience. We collect two types of information from our users describe below:

1. Information You Provide to Us:

We receive and store any information you enter on our website or provide to us in any other way. You can choose not to provide us with certain information, but then you may not be able to take advantage of many of our special features. The personal information we collect includes: name, address, telephone number and email address for purchase of sessions, gift certificates, event tickets, and enrollment in our email list.

1. Automatic Information:

We receive and store certain types of non-personally identifiable information whenever you interact with the Site. The Company automatically receives and records certain “traffic data” on our server logs from your browser including your IP address, URL, and the page you visit.

Where is the Information Stored and for How Long is it Stored?

Email addresses and names that are obtained by signing up for the Company email list are stored within Constant Contact, Inc. (www.constantcontact.com), an email marketing service, as well as our web hosting server, Bluehost, Inc. (www.bluehost.com). The contact information is stored indefinitely, or until an individual requests that his or her contact information be deleted.

Will the Company Share Any of the Information it Receives?

We will not share nor sell your personal information to anyone. We only use your email address for notifications and promotions.

Is My Payment Information Secure?

Your payment information is processed through PayPal, Inc. and is thus never revealed to the Company.  PayPal is fully PPI and PCI-compliant for data protection.  For more information about these security protocols visit: https://www.paypal.com/us/webapps/mpp/security/security-protections

Changes to this Privacy Policy

The Company may amend this Privacy Policy from time to time, at our sole discretion. Use of information we collect is subject to the Privacy Policy in effect at the time such information is used. If we make changes to the Privacy Policy, we will notify you by posting an announcement on the Site so you are always aware of what information we collect, how we use it, and under what circumstances if any, it is disclosed.

Further Questions?

Please e-mail us at: joanne@joannegerber.com

©2013, 2018 JOANNE GERBER, LLC. All rights reserved.