Terms and Conditions

YOUR HOME FOR EFFECTIVE & ACTIVE LISTENING AT AN ELEVATED LEVEL WITH DR. JACALYN KERBECK

COACHING, COURSES, BOOKS & MINDSET FOR ELEVATED LISTENING

1. GENERAL RULES AND DEFINITIONS

1.1 If the User (“you”) chooses to use drjacalyn.com or any of the related or affiliated websites (individually and collectively, the “Site”), related or affiliated mobile sites and applications, any of the related features of the Site services, including but not limited to RSS, API, podcasts, mobile applications, embeddable video, software and other downloads (collectively, with the Site, the “Services”), you will be agreeing to abide by all of the terms and conditions of these Terms of Service and the Privacy Policy between you (“you”) and The DR. JACALYN® and its affiliates. By using the Site, you agree to the Terms of Service.

1.2 We may change, add or remove portions of these Terms of Service at any time, which shall become effective immediately upon posting. It is your responsibility to review these Terms of Service prior to each use of the Services and by continuing to use this Services, you agree to any changes.

1.3 We may change, suspend, or discontinue any aspect of the Services at any time.

1.4 The Services shall be used only in a noncommercial manner. You shall not, without the express approval of DR. JACALYN®, distribute or otherwise publish any material on the Site or utilizing the Services containing any solicitation of funds, advertising or solicitation for goods or services.

2. CONTENT

2.1 The contents of the Services, including the Site, are intended for your personal, noncommercial use. All materials published on or through the Services (including, but not limited to news articles, photographs, images, illustrations, audio clips and video clips, also known as the “Content”) are protected by copyright and owned or controlled by DR. JACALYN® or the party credited as the provider of the Content. You shall abide by all applicable copyright laws and additional copyright notices, information, or restrictions contained in any Content accessed through the Service. You may not modify, publish, transmit, participate in the transfer or sale of, reproduce, create new works from, distribute, perform, display, or in any way exploit, any of the Content or the Services (including software) in whole or in part, except as provided in Sections 2.2 and 2.3 of these Terms of Service.

2.2 You may download the Content and other downloadable items displayed on the Services for personal use only, provided that (a) you maintain all copyright and other notices contained therein, (b) you do not modify the content, (c) you do not use the content in a manner that suggests DR. JACALYN® promotes or endorses your, or any third parties, causes, ideas, web sites, products or services, and (d) you do not use the content in any way that is unlawful or harmful to any other person or entity. Copying or storing of any Content for other than personal use is expressly prohibited without prior written permission from DR. JACALYN®’s Rights and Clearances Department, or the copyright holder identified in the copyright notice contained in the Content.

2.3 You may link to the Content on your personal web site, weblog, or similar application for personal, noncommercial purposes or on your 501(c)(3) Nonprofit Corporation web site, weblog, or similar application for noncommercial purposes. You may display or excerpt from the Content if you obtain prior written consent, by contacting jacalyn@drjacalyn.com. Your right to link, and potential right to display or excerpt from the Content, are contingent on abiding by the following provisions: (a) the links must redirect the user to the DR. JACALYN® when the user clicks on them, (b) you do not insert any intermediate page, splash page or other content between the links and the applicable DR. JACALYN® website, (c) the use or display does not suggest DR. JACALYN® promotes or endorses any third party causes, ideas, web sites, products or services, (d) the fundamental meaning of the content, including the headlines and summaries, is not changed or distorted, and (e) you do not modify the stories or other content that are linked to by the Content.

2.4 If you wish to use the Content in any way not enumerated in Section 2.3 above, express prior written consent is required. Please contact jacalyn@drjacalyn.com for details.

3. USER GENERATED CONTENT AND SUBMISSIONS, INCLUDING COMMENTS

3.1 The Services may contain comments sections, discussion forums, bulletin boards, or other interactive features (“Interactive Areas”) in which you may post or upload comments or user-generated content such as video, photos, messages, computer code or applications or other materials or items (collectively, “User Content”). You are solely responsible for your use of any Interactive Areas, and you use them at your own risk. By submitting User Content to an Interactive Area, you represent that you are 13 years of age or older and, if you are under the age of 18, you either are an emancipated minor, or have obtained the legal consent of your parent or legal guardian to enter into these Terms of Service, submit content, participate on the Services, and fulfill the obligations set forth in these Terms of Service, which forms a binding contract between you and DR. JACALYN® Television.

3.2 The following is a list of User Content Rules. By using the Interactive Areas, you agree to abide by these rules. DR. JACALYN® reserves the right to change, modify, add, or remove rules at any time. Specifically, you agree not to:

Upload, post or otherwise transmit User Content which contains advertising or any solicitation with respect to products or services.
Upload, post or otherwise transmit User Content that contains any libelous, defamatory, obscene, pornographic, abusive, or otherwise illegal material.
Upload, post or otherwise transmit User Content that does not generally pertain to the designated topic or theme of the relevant Interactive Area.
Impersonate any person or entity, including, but not limited to, any DR. JACALYN® or falsely state or otherwise misrepresent your affiliation with any person or entity.
Interfere with any other user’s right to privacy, including by harvesting or collecting personally identifiable information about DR. JACALYN® Television or Site users or posting private information about a third party;
Upload, post or otherwise transmit any User Content, software or other materials which contain a virus or other harmful or disruptive component.
Interfere with or disrupt the Services or the servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services; and
Upload, post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation.

You further agree to:

Be courteous. You agree that you will not threaten or verbally abuse other users, use defamatory language, or deliberately disrupt discussions with repetitive messages, meaningless messages or “spam;” and
Use respectful language. Like any community, the online conversation flourishes only when our users feel welcome and safe. You agree not to use language that abuses or discriminates on the basis of race, religion, nationality, gender, sexual preference, age, region, disability. Hate speech of any kind is grounds for immediate and permanent suspension of access to all or part of the Services.

3.3 You acknowledge that any User Content you submit to the Services may be edited, removed, modified, published, transmitted, and displayed by DR. JACALYN®, and you waive any rights you may have in having the User Content altered or changed in a manner not agreeable to you.

3.4 You grant DR. JACALYN® a perpetual, nonexclusive, world-wide, royalty free, irrevocable, sub-licensable license to the User Content, which includes without limitation the right for DR. JACALYN® or any third party it designates, to use, copy, transmit, excerpt, publish, distribute, publicly display, publicly perform, create derivative works of, host, index, cache, tag, encode, modify and adapt (including without limitation the right to adapt to streaming, downloading, broadcast, mobile, digital, thumbnail, scanning or other technologies) in any form or media now known or hereinafter developed, any User Content posted by you on or to the Services, including any User Content posted on or to the Services through a third party. You warrant that such User Content is accurate and not misleading, and that use and posting, or other transmission of such User Content does not violate these Terms of Service and will not violate any rights of or cause injury to any person or entity. You further grant DR. JACALYN® the right to pursue at law any person or entity that violates your or DR. JACALYN®’s rights in the User Content by a breach of these Terms of Service.

3.5 Moral Rights. If it is determined that you retain moral rights (including rights of attribution or integrity) in the User Content, you hereby declare that (a) you do not require that any personally identifying information be used in connection with the User Content, or any derivative works of or upgrades or updates thereto; (b) you have no objection to the publication, use, modification, deletion and exploitation of the User Content by DR. JACALYN® or its licensees, successors and assigns; (c) you forever waive and agree not to claim or assert any entitlement to any and all moral rights of an author in any of the User Content; and (d) you forever release DR. JACALYN®, and its licensees, successors and assigns, from any claims that you could otherwise assert against DR. JACALYN® by virtue of any such moral rights. You also permit any other user to access, view, store or reproduce the User Content for that user’s personal use.

3.6 You are solely responsible for the content of the User Content you submit. However, while DR. JACALYN® does not and cannot review every submission and is not responsible for the content of these messages, DR. JACALYN® reserves the right to delete, remove, move, or edit User Content that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable for any reason.

4. THIRD PARTY CONTENT

4.1 DR. JACALYN® is a distributor (and not a publisher) of content supplied by third parties and users. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers or users of the Services, are those of the respective author(s) or user(s) and not of DR. JACALYN®. In many instances, the content available through the Services represents the opinions and judgments of the respective user or information provider not under contract with DR. JACALYN®. DR. JACALYN® neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement made on the Services by any third party. By providing links to other sites, DR. JACALYN® does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to DR. JACALYN® or the Services. Under no circumstances will DR. JACALYN® be liable for any loss or damage caused by your use or reliance on information obtained through the Services. DR. JACALYN® is not responsible for any actions or inaction on your part based on the information that is presented on the Services.

4.2 DR. JACALYN® MAY OFFER HEALTH, FITNESS, NUTRITIONAL AND OTHER SUCH INFORMATION, BUT SUCH INFORMATION IS DESIGNED FOR EDUCATIONAL AND INFORMATIONAL PURPOSES ONLY. THE INFORMATION CONTAINED ON THE SERVICES DOES NOT AND IS NOT INTENDED TO CONVEY MEDICAL ADVICE AND DOES NOT CONSTITUTE THE PRACTICE OF MEDICINE.

5. COPYRIGHTS AND COPYRIGHT AGENT

5.1 DR. JACALYN® respects the rights of all copyright holders and in this regard, DR. JACALYN® has adopted and implemented a policy providing for the termination in appropriate circumstances of users and account holders infringing on the rights of copyright holders. You agree to report any copyright violations of the Terms of Service to DR. JACALYN® as soon as you become aware of them. If you believe your work has been copied in a way that constitutes copyright infringement, please contact DR. JACALYN® at jacalyn@drjacalyn.com with the following information required by the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act, 17 U.S.C. 512:

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyright work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
Identification 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, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party;
A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

6. REPRESENTATIONS AND WARRANTIES

6.1 You represent, warrant and covenant (a) no materials of any kind submitted through your account will (i) violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights; or (ii) contain libelous or otherwise unlawful material; and (b) you are at least thirteen years old, and that if you submit any User Materials or personally-identifying information on or through the Services, you are at least 18 years old.

6.2 You hereby indemnify, defend and hold harmless DR. JACALYN® and all officers, directors, owners, employees, agents, information providers, affiliates, licensors and licensees (collectively, the “Indemnified Parties”) from and against any and all liability and costs, including, without limitation, reasonable attorneys’ fees, incurred by the Indemnified Parties in connection with any claim arising out of any breach by you or any user of your account of these Terms of Service or the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any such claim. DR. JACALYN® reserves the right, at its own expense, to assume the exclusive defense and control of any matter subject to indemnification by you.

7. LIMITATION OF LIABILITY

7.1 IN NO EVENT WILL DR. JACALYN®, ITS DIRECTORS, OFFICERS, EMPLOYEES, CO-HOSTS, PANELISTS, ELEVATED LISTENERS, MEMBERS OR THIRD PARTY PROGRAM PRODUCERS AND INFORMATION PROVIDERS BE LIABLE (A) FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, ARISING OUT OF THE USE OR INABILITY TO USE THE SERVICES, (B) RELATING TO ANY CONTENT OR PRODUCTS AVAILABLE OR SOLD ON OR THROUGH THE SERVICES, OR (C) IN CONNECTION WITH ANY THIRD PARTY CONTENT OR MATERIALS (INCLUDING USER CONTENT) OR THE DEFAMATORY, INFRINGING, OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY.

7.2 THE SERVICES AND ALL DOWNLOADABLE SOFTWARE ARE DISTRIBUTED ON AN “AS IS” BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.

8. MISCELLANEOUS

8.1 DR. JACALYN® reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to the Service.

8.2 In the event that the Content or Services contain a contest, additional contest-specific rules may apply. By participating in the contest, you agree to abide by both these Terms of Service and the rules for that contest. It is your responsibility to read and understand the rules of each contest in which you participate.

8.3 You shall have no rights to the proprietary software and related documentation, or any enhancements or modifications thereto, provided to you in order to access the Services (“Software”). You may not sublicense, assign, or transfer any licenses granted by DR. JACALYN®, and any attempt at such sublicense, assignment or transfer shall be null and void. You may make one copy of such software for archival purposes only. You may not otherwise copy, distribute, modify, reverse engineer, or create derivative works from Software.

8.4 Notwithstanding any of the foregoing, nothing in these Terms of Service will serve to preempt the promises made in the Privacy Policy https://www.njtvonline.org/about/privacy-policy/.

8.5 Correspondence, or requests for information regarding web posting, reprint, transcript, or licensing of DR. JACALYN® material, should be sent to jacalyn@drjacalyn.com.

8.6 DR. JACALYN® uses Vimeo API Services to upload some of our videos. By viewing these videos, you may be subject to YouTube’s Terms of Service https://vimeo.com/terms.

COACHING, COURSES, BOOKS & MINDSET FOR ELEVATED LISTENING

Terms and Conditions

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