TERMS OF SERVICE
Last Updated: 9/1/20
In order to Use the Website, you must be at least the age of majority in your state or province of residence, or you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Website. However, under no circumstance may a child under the age of 13 Use the Website. By using the Website, you represent and warrant that (i) you have read and understood, and that you agree to be bound by, the JMW Policies; (ii) you are at least the age of majority in your state or province of residence, or you are the age of majority in your state or province of residence and have given us your consent to allow any of your minor dependents to use the Website; and (iii) you are legally qualified to enter into contracts under applicable law.
IF YOU DO NOT AGREE WITH ANY ASPECT OF THE JMW POLICIES, YOUR ONLY REMEDY IS TO DISCONTINUE ALL USE OF THE WEBSITE AND ANY PRODUCTS, ONLINE COURSES AND/OR SERVICES IMMEDIATELY.
JMW MAY MODIFY AND/OR UPDATE ANY ASPECT OF THE JMW POLICIES AT ANY TIME AND WITHOUT ADVANCE NOTICE TO YOU.
JMW, in its sole discretion, may amend, modify and/or change any aspect of the JMW Policies without any advance notice. Any changes made to any of the JMW Policies shall become effective immediately upon posting same. It is your obligation to check the JMW Policies periodically to review any updates to same. Your continued Use of the Website and/or any products and/or services offered by the Website constitutes acceptance of those changes.
TERMS OF SERVICE AND OTHER AGREEMENTS WITH JMW
The information on this Website is general in nature as it relates to speech pathology and does not address specific circumstances. Information on the Website is not intended as an offer or commitment to enter into an agreement with you. JMW reserves the right to refuse to provide JMW’s services to anyone at anytime. In addition to this Terms of Service, you may enter into other agreements with JMW that will govern your use of any products and/or services offered by JMW. If there is any conflict or inconsistencies between this Terms of Service and such other agreements, the other agreements will control as it pertains to specific aspects of the services offered by JMW and to which it applies.
DISCLAIMER OF WARRANTIES
Some jurisdictions do not allow the exclusion of express or implied warranties so the above exclusions may not apply to you. In such event, such warranties are limited to the minimum permitted by law from the date of delivery of the Website. No warranties apply after that period.
YOUR REGISTRATION INFORMATION
JMW may restrict access to certain additional features of the Website to approved registered users. In the event that any aspect of the Website requires you to register with the Website, you agree to provide truthful, accurate, up-to-date and complete information including, without limitation, your name, email address, zip code, username and password (collectively, the “Registration Information”). You shall not impersonate, imitate or pretend to be somebody else when registering with the Website. If any of your Registration Information changes, you must update it promptly by notifying JMW and/or directly through the Website. JMW is under no obligation to verify Your Registration Information and/or ensure its complete and up-to-date. JMW reserves the right at any time, with or without notice, to change the access means or methods for portions of the Website. You are responsible for maintaining the confidentiality of your Registration Information. You are responsible for all access or use of the Website under your account. You shall not access restricted portions of the Website by using anyone else’s registration information.
ADVERTISING, THIRD PARTY LINKS & THIRD PARTY DISCLAIMERS
JMW disclaims responsibility for any of the content or opinions expressed in any blog posts, as well as any products or services mentioned on any of the blog posts. JMW disclaims liability for any damages or losses, direct or indirect, that may result from use of or reliance on information contained in any of the blog posts on the Website. The blog posts may contain links to other websites operated by third parties. These links are provided as a convenience to access the information contained therein. JMW has not reviewed all of the information on the other websites and disclaims any responsibility for the content of any other websites or the products or services that be offered on or through those websites. Inclusion of a link to another website does not indicated an endorsement or approval of the website, its content or any product or services offered on or through the website.
AUTHORIZATION TO CONTACT
By submitting information to JMW through the Website or otherwise, you are making an inquiry as to the products and/or services offered by JMW and give JMW permission to contact You through any contact information that you provide to JMW including, without limitation, through email or telephone, notwithstanding the fact that your telephone number may be on a “Do Not Call” registry.
You acknowledge that JMW in its operation of the Website is simply serving as a passive conduit and does not control the quality, safety or legality of any information posted by third parties on the Website, nor does it endeavor to determine the truth or accuracy of any information posted by a third party. Accordingly, you acknowledge and agree that JMW shall be entitled to the immunities afforded to an Interactive Computer Service under the Communications Decency Act, 47 USC § 230, as it may be amended. In no event shall JMW be liable for damage to you directly or indirectly to information communicated by third parties.
YOU AGREE TO ABIDE BY THE BELOW RESTRICTIONS
By Using the Website, you agree to abide by the following restrictions, without limitation:
(a) You will only Use the Website in accordance with the JMW Policies;
(b) You will not Use the Website in an unauthorized manner, or in a manner which violates any rights of JMW and/or any other third parties, proprietary, intellectual property or otherwise;
(c) You will not engage in spamming, flooding, mail bombing, harvesting of e-mail address or other personal information, spidering, screen scraping, database scraping or other activity with the purpose of obtaining or collecting lists of users or other information;
(d) You will not upload viruses or other malicious code or engage in any conduct that may “crash” the Website;
(e) You will not utilize any information that You gained as a result of Using the Website to illegally or improperly violate another person’s or entity’s privacy rights;
(f) You will not utilize any of JMW’s trademarks as metatags or metadata in connection with any other websites or otherwise use JMW’s trademarks for your own advertising or pecuniary gain;
(g) You will not restrict any other user from properly using the Website including, without limitation, by way of “computer hacking” or otherwise altering the software or functionality of the Website and its underlying programs;
(h) You will not use the Website if You have been temporarily or indefinitely suspended from the Website;
(i) You will not provide to JMW any incomplete, false or inaccurate information or information which does not belong to you;
(j) You will not revise, modify, reverse engineer, decompile, disassemble and/or attempt to decipher any of the software, underlying technology or HTML code comprising or in any way making up a part of the Website;
(k) You will not “frame” or “mirror” any part of the Website;
(l) You will not use the Website in any manner that could damage, disable, overburden or impair the Website or interfere with any other party’s use and enjoyment of the Website.
(m) You will not utilize any device to circumvent the structure of the Website and/or spam or flood the Website; and/or
(n) You will not impersonate any other person and/or falsely state or otherwise misrepresent that you have an affiliation with any other person or entity, or otherwise mislead, deceive or defraud JMW, another user or any other party.
JMW does not offer refunds on any products/or and services marketed or purchased through the Website including, without limitation, in-person therapy sessions, any online courses or programs and/or any books and/or other training materials.
Your order is an offer to JMW to buy the product(s) and services listed in your order. When you place an order to purchase a product and/or service from JMW, JMW will send you an email confirming receipt of your order and containing the details of your order (the “Order Confirmation”). Your receipt of the Order Confirmation only confirms that JMW has received your order; it does not constitute JMW’s acceptance of your order or JMW’s confirmation of its offer to sell. An order is not binding upon JMW until it is accepted; JMW must receive payment before it will accept an order. Payment for product(s) ordered is due prior to shipment. JMW may, in its sole discretion, at any time after receiving your order, accept or decline your order for any reason.
Your total cost for the purchase of any product will include the shipping and handling charges. JMW will arrange for shipment of ordered product to you, Free Carrier (F.C.A.) risk of loss passes to you upon delivery to the carrier. JMW may advise you of estimated shipping dates, but JMW will, under no circumstances, be responsible for delays in delivery, and associated damages, due to events beyond its reasonable control, including without limitation, acts of God or public enemy, acts of federal, state or local government, fire, floods, civil disobedience, strikes, lockouts, and freight embargoes.
All fees listed on the Website are exclusive of sales taxes, which JMW will charge as applicable. You agree to pay any taxes applicable to your order of any products and/or services from JMW.
TERMINATION BY JMW
JMW may terminate, suspend, limit and/or restrict your use of and access to any parts of the Website without prior notice to you. Without limitation, JMW may terminate, suspend, limit and/or restrict such access and use if it determines, in its sole discretion, that (a) you are creating potential liabilities; (b) you are acting inconsistently with any of the JMW Policies; (c) there are technical or security issues that may create liabilities; and/or (d) you are engaging in fraudulent or illegal activities. In addition, JMW reserves the right at any time and from time-to-time to modify or discontinue temporarily or permanently, the Website with or without notice to you. You agree that JMW shall not be liable to you or to any third party for the termination, suspension, limitation, restriction, modification or discontinuance of the Website (or any part thereof).
JMW INTELLECTUAL PROPERTY; RESTRICTIONS ON USE; LIMITED LICENSE
This Website is owned by JMW and is protected by United States copyright laws and international treaty provisions. In addition, any and all intellectual property contained within the Website including, without limitation, all trademarks, services marks, tradenames and/or logos are owned by, or licensed to, JMW, its affiliates or its licensors. The content on the Website may not be copied, modified, reproduced, republished, posted, transmitted, sold, offered for sale or redistributed in any way without the prior written permission of JMW and its applicable licensors or as otherwise explicitly set forth herein.
You are granted a limited, non-exclusive licenses to Use the Website for your own personal and non-commercial use. You will not sublicense, assign or transfer the license granted to you hereunder. Any attempt to sublicense, assign or transfer any of the rights, duties or obligations in violation of the provisions of this Terms of Service is void.
REPORTING COPYRIGHT INFRINGEMENT
JMW will process and investigate notices of alleged infringement and will take appropriate action pursuant to the Digital Millennium Copyright Act (“DMCA”), 17 U.S.C. Section 512 et seq., and other applicable intellectual property laws. You covenant and agree to provide JMW with any information that you have regarding potential copyright infringement of any material contained in the Website. The sole and exclusive protocol for notifying JMW that its copyrighted work has been infringed upon is to provide written notice (“DMCA Notice”) to JMW as set forth herein or otherwise provided by the DMCA, as it may be amended from time to time. The DMCA Notice must include (i) the signature of a person authorized to act on behalf of the owner of the copyright interest (“Copyright Owner”); (ii) a description of the copyrighted work that is believed to have been infringed upon; (iii) a description of precisely where the alleged infringing work is located on the Website; (iv) the Copyright Owner’s mailing address, telephone number and email address; (v) a statement by the Copyright Owner that it has a good-faith belief that the disputed use is not authorized by the Copyright Owner, its agent, or the law, or is not otherwise being conducted by another authorized owner or licensee of the work; and (vi) a statement by the Copyright Owner, made under penalty of perjury, that the information set forth in the submitted written notice is accurate and that it is the Copyright Owner or is authorized to act on the Copyright Owner’s behalf. The DMCA Notice should be immediately delivered to the JMW by commercial carrier at the addresses set forth below in the “Notices” provision and directed to the attention of the “Copyright Agent.” Your failure to properly comply with the requirements of the law and/or this provision may make his DMCA Notice invalid.
All notices or other communications to JMW, if any, that are to be given under any of the JMW Policies must be in writing, and sent via email to email@example.com. Such notice shall be deemed effective twenty-four (24) hours after the message was sent, if no “system error” message or other notice of non-delivery is generated.
Notices to you shall be provided by JMW via email or any other address which JMW reasonably believes to be associated with you. Notice shall be deemed effective upon delivery of the same by JMW. Moreover, and without limiting the foregoing, by Using the Website, you acknowledge and agree that you are communicating with JMW electronically, and consents to receive communications from JMW electronically. JMW may communicate, and provide effective notice to you, by sending you emails or by posting notices on the Website. You acknowledge and agree that all agreements, notices, disclosures and other communications that JMW may provide to you electronically are effective; satisfies any legal requirement that such communication be in writing; and shall be deemed delivered to you.
YOU AGREE TO INDEMNIFY JMW FOR YOUR USE AND/OR MISUSE
You agree to indemnify, hold harmless and defend JMW, its parent companies, subsidiaries, affiliates and other related entities and their respective owners, members, shareholders, directors, officers, employees, agents, attorneys, representatives, heirs, successors and assigns (collectively, “JMW Parties”) of any of the foregoing with respect to any claim, demand, cause of action, debt, liability, damages, costs or expenses, including reasonable attorneys’ fees and costs (including transcription, translation and expert witness fees) of the JMW Parties’ selected attorney(s), arising from any third party claim relating to (i) any failure by you to comply with any of the terms set forth in the JMW Policies; (ii) your Use or misuse of the Website; (iii) any infringement by you of the copyright, intellectual property or other rights of any third party; and/or (iv) any act or omission or willful misconduct on your part.
LIMITATION OF LIABILITY
TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JMW BE LIABLE FOR ANY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, INCIDENTAL OR SPECIAL DAMAGES INCLUDING, WITHOUT LIMITATION, LOST PROFITS, WHETHER BASED IN CONTRACT, TORT, NEGLIGENCE OR STRICT LIABILITY OR OTHERWISE, WHICH ARISE OUT OF OR ARE IN ANY WAY CONNECTED WITH (I) ANY USE OF THE WEBSITE; AND/OR (II) ANY FAILURE OR DELAY INCLUDING, BUT NOT LIMITED TO, THE USE OF OR INABILITY TO USE ANY COMPONENT OF THE WEBSITE.
IF, NOTWITHSTANDING THE FOREGOING, JMW SHOULD BE FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE ABOVE-DESCRIBED FUNCTIONS OR USES OF THE WEBSITE, JMW’S LIABILITY SHALL IN NO EVENT EXCEED, IN THE AGGREGATE, THE GREATER OF (I) ANY FEES PROVIDED BY YOU TO JMW IN CONNECTION WITH USE OF THE WEBSITE; OR (II) US $100.00.
THIS WEBSITE MAY BE TEMPORARILY UNAVAILABLE FROM TIME TO TIME
This Website may be temporarily unavailable from time to time for maintenance, system upgrades or other reasons. JMW assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user communications. JMW will not be liable for any loss or damage that results from: (i) the failure of electronic or mechanical equipment or communications lines; (ii) telephone network issues; (iii) viruses, bugs, errors or configuration problems or the incompatibility of computer hardware or software; (iv) the failure or unavailability of Internet access; (v) problems with Internet service providers or other equipment or services relating to Your compute or network; (vi) problems with data transmission facilities or your telephone, cable or wireless service; or (vii) unauthorized access, theft, operator error, severe weather, earthquakes or other natural disasters or labor disputes.
AUTHORIZED PERMISSION FOR USE
If you are an individual accessing the Website on behalf of an entity, you, on the entity’s behalf, make the following material representation upon which you wish JMW to reasonably rely upon that you are authorized to bind the entity to the JMW Policies.
NEW YORK LAW GOVERNS
The JMW Policies shall be governed by and construed in accordance with the laws of the State of New York (without giving effect to principles of conflicts of laws of the State of New York or any other state). Any dispute relating to the JMW Policies, the Website and/or any of service(s) provided by JMW shall be exclusively heard in the state courts of New York, with venue in Kings County or if jurisdiction exists, the United States District Court for the Southern District of New York.
REDUCTION IN STATUTE OF LIMITATIONS
You agree that regardless of any statute or law to the contrary, any claim or cause of action by You arising out of or related directly or indirectly to use of the Website and/or any products and/or services offered or sold by JMW must be filed within one (1) year after such claim or cause of action arose or be forever barred.
JMW may freely assign its rights and obligations in and to the JMW Policies. You acknowledge that You may not assign, transfer or sell your rights or obligations under any of the JMW Policies without JMW’s advance written consent, which may be unreasonably withheld. Any purported assignment without JMW’s consent shall be deemed null and void.
One or more provisions of any of the JMW Policies may be legally prohibited or otherwise unenforceable in certain jurisdictions and not others. In such event, the JMW Policies shall be construed in a manner that is consistent with prevailing law in the jurisdiction in which it is enforced. Therefore, if any provision of the JMW Policies is prohibited or otherwise unenforceable in a jurisdiction where it is being enforced, (a) it shall nevertheless be enforced to the fullest extent allowed by that prevailing law and (b) all other provisions of the JMW Policies shall remain in full force and effect and shall not be invalidated or rendered unenforceable.
NO THIRD PARTY BENEFICIARIES
The JMW Policies are not intended to be for the benefit of, and shall not be enforceable by any unaffiliated third party, except as may be specifically provided herein such as, without limitation, JMW Parties and as it pertains to Your indemnification obligations as set forth herein. Nothing herein, express or implied, is intended to or shall confer on any third party any rights (including third party beneficiary rights), remedies, obligations or liabilities under or by reason of any of the JMW Policies or otherwise set forth in the Website, except as may be specifically provided herein. The JMW Policies shall not provide third parties with any remedy, claim, liability, reimbursement, cause of action or other right in excess of those existing without reference to the terms herein. No third party shall have any right, independent of any right that exists irrespective of the JMW Policies, to bring any suit at law or equity for any matter governed by or subject to the provisions herein.
JMW shall not be held liable for any delay or default in performing its obligations if such delay or default is caused by an event beyond its reasonable control, including without limitation, acts of nature, war, terror or insurrection, civil commotion, earthquake, fire, storm, hurricane or flood, labor disturbances, riot, epidemic, pandemic, government lock down or quarantine orders or other similar event(s).
JMW’s failure to enforce any term, provision or condition of any of the JMW Policies, including the breach or default thereof, by conduct, course of dealing or otherwise, in one or more instances shall not be deemed a waiver. You specifically stipulate that the JMW Policies do not constitute a contract of adhesion. The headings in the JMW Policies shall have no force and effect. You acknowledge and agree that the JMW Policies, as revised from time to time, constitute the entire agreement of the parties hereto relating to the subject matter hereof, and any prior agreements, understandings, representatives and commitments concerning such subject matter, whether oral or written, are hereby superseded and terminated in their entirety and are of no further force or effect. The JMW Policies shall be read together, in pari materia, to constitute one agreement.