Terms of Use – Dr. Jackie Black, LLC

Welcome to Dr. Jackie Black, LLC’s online program (which, with the platform and technology through which you will access it, are referred to as the “Program”) and related retreats or other in-person events (“Event”) and to this website, including but not limited to any forum where users post, share and discuss information and materials posted by users (the “Site”). These Terms of Use (“Terms”) are in addition to Privacy Policy [www.drjackieblack.com/privacy-policy/] and FTC Disclosure Statement [www.drjackieblack.com/ftc-disclosure-statement/], which also govern your use of the Program, any Event and the Site (collectively, the “Services”).

Please read these Terms carefully. These are a legal agreement between you and Dr. Jackie Black, LLC (“DJB”) and govern your use of the Services. You agree to these Terms by using the Site and/or by using or viewing the Program or any Event, in whole or in part, and/or any related webpages, or by clicking any “Agree,” “Register,” or similar button when registering on the Site or for the Program or any Event.

By “Program” we mean all content of any kind including video, image, audio, or text content, all related webpages as well as all associated content, and any related application or “app” as well as the technology, systems, services, and related items provided by DJB and its third-party contractors to support and deliver such items. The Program is intended and only suitable for individuals aged 17 and above. Some of the content on the Site and made available through the Program may not be appropriate for children. Children under the age of 13 are not permitted to use the Program. We strongly recommend that children between the ages of 13 and 17 ask for their parent’s or guardian’s permission before gaining access to the Program.

“You” means you, the person using or viewing the Program or the Site or attending any Event, or creating an account, and any person on whose behalf you are using any Services. DJB is also referred to as “us,” “our”, “we” or similar terms.

We reserve the right to change, modify, and update these Terms at any time and you agree to be bound by those changes, modifications and updates. If you violate any of the Terms, your authorization to use the Services and all licenses granted will terminate automatically, and you may be liable for additional damages. In addition, your access to the Site or applicable Event may be terminated. Any rights not expressly granted to you are reserved to DJB and/or our third-party licensors and service providers.

The Content.  By “Content,” we mean all content available on the Site, as well as the specific content made available through the Program or at any Event, including but not limited to data, videos, photos, information, text, graphics, links and other material. If you are dissatisfied with the Content in any way and/or if you have any claim that arises from the Content, please contact DJB at notices@DrJackieBlack.com. Please see the Copyright Infringement – DMCA Notice clause below.

The Program and any Content made available to you is intended for your general educational purposes. Because of the general nature of the Content, some Content may not be appropriate for you or your situation. While we hope you find the Content useful and informative, the Content is not accredited towards any degree, license or certification. You should seek your own professional advice when appropriate or any time you want advice specific to your own unique situation.  Please read our FTC Disclosure Statement [www.drjackieblack.com/ftc-disclosure-statement/] before starting any Program or using the Site.

Videos and materials in PDF that are made available on the Site to users enrolled in Programs may be downloaded and retained by those users. Users wishing to maintain a permanent record of such Content should download and maintain on their own systems. DJB does not guarantee the continued and uninterrupted availability of any such Content.

Your Password.  As part of the registration / account creation process for the Program or any Event, you will select a user name and password. You are responsible for keeping this information confidential, and you agree that you are responsible for any actions taken by any third party to whom you have provided, or has otherwise gained access to, your user name and password.

Rules for Using and Posting.  These rules apply if the Program or any area of the Site permits posting. You agree that we have a right and license to use and take other actions with your postings as reasonably necessary for DJB to provide the Program and to manage the Site, provide our related services, and as otherwise explicitly permitted in these Terms (for example, to protect our rights).

You agree that in your use of the Program and the Site, as applicable, including those portions that include a social element or communications tool:

  • You will not post, upload, transmit or link to (collectively, “Post”) any material that violates any law or regulation.
  • You will not Post any material, websites or other information or content that is defamatory, false, obscene, vulgar, offensive, violent, abusive, threatening, harassing, discriminatory, or an expression of political or hate speech.
  • You will only Post materials (including photos, audio or video) for which you own the copyright (for example, you took the photo yourself) or that are in the public domain. You will not violate, plagiarize, or infringe on the rights of any third party, either via the Site or the Program, or otherwise, including copyright, trademark, trade secret, privacy, personal, publicity, moral or proprietary rights.
  • You are responsible for all Postings or other activity performed using your user name and password.
  • You will not Post any software or other material which contains a virus or other harmful code or device. You will not take any action designed to interfere with or disrupt the operation of the Program or the Site.
  • You will not use a false identity or otherwise impersonate any other person.
  • You will not Post personal or private information regarding anyone other than yourself (for example, you will not Post a telephone number, financial information or address information regarding another person, or a picture of another person).
  • You will not attempt to access any account or information of any person other than yourself.
  • If you choose to Post items, such material, information, photographs and other information you post in these public or group areas is available to the other individuals using the Program or the Site, and we do not warrant, guarantee or otherwise take steps to prevent other users from copying, modifying, displaying, uploading, transmitting or otherwise using your material, information, photographs or other information. Always use caution in Posting personally identifying information, as these postings will be deemed public and non-confidential.
  • You will not scrape or otherwise harvest data regarding others using the Program or the Site.
  • You will not solicit other users, or distribute advertising, for products or services through the Program or the Site, distribute chain letters or messages, mass mailings or bulk email or other bulk messages, or gather email addresses or other contact information for the purpose of sending bulk email or other messages.

No Endorsement.   DJB does not endorse any products, services, or other item appearing on the Program, at any Event, or on the Site, or other websites linked to or from the Program or the Site or made available at any Event. You agree that if you are dissatisfied with any such product, service or item, or if you have a legal claim arising from or related to any such product, service or item, DJB will have no liability or other obligation to you for any such product, service or item, and that you will pursue such matter only with the appropriate third party, and not with or against DJB.

Disclaimer.   All access to the Program, to any Event and to the Site is voluntary and at your own risk. DJB does not warrant the accuracy of any Content. DJB does not warrant the completeness or correctness, timeliness, or usefulness of any opinions, advice, services, merchandise or other materials provided through the Program, at any Event or on the Site. DJB is not liable for any decision made or action taken or omission made in reliance upon the Content.

Certain portions of the Program or at any Event, and certain areas of the Site may permit other users to post images, messages, comments, or other content. Any such item is only the opinion of the poster, is no substitute for your own research, and should not be relied upon for any purpose. DJB does not endorse or warrant any such user-postings and has no liability for any such user-postings.

The Program, all Events and the Site are provided on an “as is” and as-available basis without warranty of any kind, express or implied, including, without limitation, warranties of title or non-infringement, or any implied warranties of merchantability or fitness for a particular purpose. DJB does not warrant that the use of this Program, any Event or the Site will be uninterrupted. Furthermore, DJB does not guarantee that the Program or the Site is or will be free from viruses or other contaminants that may damage your computer or its data. DJB may discontinue or modify all or a portion of the Program at any time, without notice if commercially reasonable and necessary.

Remedies and Limitation of Liability.  You agree to defend, indemnify, and hold harmless DJB, our vendors and advertisers, and all of their subsidiaries, affiliates, officers, directors, employees, and agents (collectively, the ” Related Parties”) from any claim, demand, or damage, including reasonable attorneys’ fees, arising out of or related to your breach of these Terms or your use or misuse of any Services.

YOU AGREE THAT NONE OF THE RELATED PARTIES SHALL BE LIABLE FOR ANY DAMAGE RESULTING FROM YOUR USE OR INABILITY TO USE ANY OF THE SERVICES. THIS PROTECTION COVERS CLAIMS BASED ON WARRANTY, CONTRACT, TORT, STRICT LIABILITY, AND ANY OTHER LEGAL THEORY. THIS PROTECTION COVERS ALL LOSSES INCLUDING, WITHOUT LIMITATION, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, AND PUNITIVE DAMAGES, PERSONAL INJURY/WRONGFUL DEATH, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION. THE TOTAL, CUMULATIVE, LIABILITY OF THE RELATED PARTIES, INCLUDING ALL AFFILIATES, AND THEIR OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS, IF ANY, FOR LOSSES OR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF YOUR ACTUAL DAMAGES, NOT TO EXCEED THE AMOUNT YOU PAID DIRECTLY TO DJB SPECIFICALLY FOR THE APPLICABLE SERVICES. THIS LIMIT OF LIABILITY MAY NOT BE EFFECTIVE IN SOME JURISDICTIONS. ALL OTHER DAMAGES, DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE, RESULTING FROM ANY USE OF THE PROGRAM OR CONTENT ARE EXCLUDED EVEN IF THE RELATED PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT YOUR USE OF THIS SITE, ANY EVENT, THE CONTENT AND THE PROGRAM IS ALL AT YOUR OWN RISK. IF YOU ARE DISSATISFIED WITH THE SITE, THE PROGRAM, ANY EVENT OR ANY CONTENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND/OR THE SITE, OR PARTICIPATING IN THE EVENT, AS APPLICABLE.

IF YOU PURCHASE AN ITEM FROM A THIRD PARTY THROUGH OR LINKED TO THE PROGRAM, ANY EVENT OR THE SITE, YOU AGREE THAT FOR ANY DEFECT OR ISSUE WITH SUCH ITEM, YOU WILL SEEK A REMEDY SOLELY AND EXCLUSIVELY FROM SUCH THIRD PARTY, AND NOT FROM DJB.

We May Terminate or Suspend Your Access.  If you breach any of these Terms your license to access and use the Program and/or Event and to the Site terminates immediately and automatically and without notice. Upon the termination of this license you must stop using the Site and the Program and/or Event, including all Content, and return or destroy all copies, including electronic copies, of the Content in your possession or control. We may also terminate and delete inactive accounts including all information and data associated with such accounts.

We May Change the Program.  DJB reserves the right, at any time, at our own discretion to: (1) change, add or remove portions of these Terms; and (2) change or discontinue the Program in whole or in part, including eliminating or discontinuing any feature, functionality, or other technical element of the Program.

Copyright Infringement – DMCA NoticeIf you believe that any Content infringes your copyrights, please contact us by email at copyright@DrJackieBlack.com or by regular mail at: Dr. Jackie Black, LLC, 147 West Route 66 PMB #1006, Glendora, CA 91740 “Attn: Copyright.”  Please be sure to include:  (a) a description of the copyrighted work you allege is being infringed upon (and registration information if applicable);  (b) the location of the allegedly infringing material on the Site or in the applicable Program or Event materials, (c) your signature (digital or hard-copy), (d) your address, telephone number, and email address, and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner’s behalf; and (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law). Such notice shall constitute your exclusive remedy with respect to DJB for any such alleged infringement.

Arbitration, Jurisdiction and Venue.  Before seeking legal recourse for any harm you believe you have suffered arising from or related to your use of the Program, any Event or this Site, you agree to inform us in writing and to give us thirty (30) days to resolve the issue. If those measures are not successful, you agree to enter into binding non-appearance- based arbitration. A party electing arbitration shall initiate proceedings by filing an arbitration demand with the American Arbitration Association (AAA). The arbitration proceedings shall be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer-Related Disputes. In addition, DJB and you agree that the following rules shall apply to the arbitration proceedings: (a) the arbitration shall be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions; (b) the arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise mutually agreed by the parties (and if it does, it will take place only in Pasadena, California, USA); and (c) any judgment on the award rendered by the arbitrator shall be entered exclusively in any court of competent jurisdiction in Los Angeles County, California, USA. Any disputes that involve a claim of less than US$10,000 must be resolved in accordance with the AAA’s rules about whether the arbitration hearing has to be in-person.

Notwithstanding the foregoing, you agree that the Program, all Events and the Site are not targeted to users in any particular locality, nor are they intended to constitute the doing of business in any jurisdiction other than Los Angeles County, California, USA. The Program and the Site are services provided by DJB and do not constitute any contact with any jurisdiction outside the State of California. Use of the Program, of any Event and of the Site is prohibited in any jurisdiction having laws that would void these Terms in whole or essential part or which makes accessing the Program or the Site illegal. The essential parts of this Agreement include, without limitation, the exclusive venue and exclusive remedy provisions, warranty disclaimers, and limitation of liability.

These Terms are an agreement entered into and performed in the State of California. They are governed by and shall be construed under the laws of California, exclusive of any choice of law or conflict of laws provisions that would refer the governance or resolution of any dispute under these Terms to the laws of another jurisdiction. If for whatever reason any dispute, claim or action directly or indirectly arising under these Terms, or the Privacy Policy or FTC Disclosure Statement, or related to any Services (each, a “Claim”), is not resolved through arbitration, each party irrevocably submits to the personal jurisdiction of the courts located in Los Angeles County, California, USA, and agrees to bring any Claim in such courts. Each party waives any jurisdictional, venue or inconvenient forum objections to these courts.

You must initiate any Claim within one year after the underlying cause of action has arisen, or you will be barred from pursuing such Claim.

Privacy and Security.  Please read our Privacy Policy before starting any Program, attending any Event, or using the Site.  In addition, please note that while we take certain measures designed to protect the confidentiality of your information, due to the nature of the Internet we cannot and do not guarantee that all information will remain secure. Under certain circumstances, it is possible that third parties may be able to intrude on the server or on other computers storing data and view your information. By submitting information to the Program, in connection with any Event, or in any Post, you agree that you are aware of these risks.  If you do not wish to submit your information electronically, you may not participate in the Program, Event or other Service for which registration is required. You agree that DJB is not responsible for any consequence of illegal or unauthorized acts by third parties, including but not limited to hacking or similar crimes.

Retreat Terms.  If you are participating in an Event, additional terms, to which you must agree when you register for the Event, will apply.

General Rules.  You may not assign any rights or obligations under these Terms. DJB may assign all or part of these Terms.

You agree that any use of the Program, of any Event, or of the Site that is not explicitly authorized is a breach of contract, and may constitute a violation of DJB’s intellectual property rights including copyright rights, in addition to any and all other claims DJB may have against you.

If any of the provisions of these Terms are held unenforceable by a court or other tribunal of competent jurisdiction, then those provisions shall be limited or eliminated to the minimum extent necessary to allow the remainder of these Terms to retain their full force and effect. These Terms constitute the entire agreement between you and DJB applicable to this subject matter.

All sections of these Terms which, by their nature are designed to survive expiration or termination of this Agreement, shall survive, including but not limited to: Remedies and Limitation of Liability, Jurisdiction and Venue, and General Rules. No waiver of any of these Terms shall be deemed a further or continuing waiver of such term or condition or any other term or condition.

Contact Us.  You may contact DJB at support@DrJackieBlack.com

Effective Date.  The Effective Date of these Terms is October 25, 2017.