Terms and Conditions
Thank you for visiting www.jordanamichelle.com and/or www.comeoutconfidently.com (hereinafter referred to as “Website”.)
The following are terms and conditions that govern your use of this Website. By accessing this website you are acknowledging and accepting all of these terms and conditions. These terms and conditions are subject to change at any time at our discretion, without notice, by updating this post.
If you continue to use this site after changes are implemented, such use constitutes your acceptance of the changes, which is why we encourage you to consult the terms and conditions each time you use this website.
INTELLECTUAL PROPERTY
The website contain material, such as videos, coursework, lesson plans, training modules, photographs, software, text, graphics, images, sound recordings, and other material (collectively referred to as the “Content”). By using this site you acknowledge and agree that all Content is protected by copyrights, trademarks, service marks, patents, trade secrets, or other proprietary rights and laws. Content may be owned by us or by third parties. The Content is protected under both United States and foreign laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works from any Content, and doing so is strictly prohibited without express written permission.
RESTRICTIONS
You acknowledge and agree that the Content on this website is not intended to provide specific psychological, commercial, financial, tax, or legal advice. The Content is provided solely for your own personal, non-commercial use and not for reliance or for purposes of resale, distribution, public display or performance, or any other uses by you in any form or manner whatsoever.
Unless otherwise indicated on this website, you may display, download, archive, and print a single copy of any information on this website, or otherwise distributed from for such personal, non-commercial use.
When you download copyrighted material you do not obtain any ownership rights in that material.
The website is only available for individuals aged 13 years or older. If you are 13 or older, but under the age of majority in your jurisdiction, you should review this Agreement with your parent or guardian to make sure that you and your parent or guardian understand it.
DISCLAIMER OF WARRANTIES
ALL MATERIALS, INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THIS WEB SITE (THE “CONTENT”) ARE PROVIDED “AS IS” AND “AS AVAILABLE” FOR YOUR USE. THE CONTENT IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. JORDANA MICHELLE GUTMAN DISCLAIMS ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. THE WEBSITES MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. NEITHER JORDANA MICHELLE GUTMAN NOR HER AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT OR THAT IT WILL CONTAIN NO ERRORS; THAT THIS WEB SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE CONTENT OR THE SITE ITSELF OR THE SERVER WHICH TRANSMITS IT IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED. YOUR USE OF THIS WEB SITE IS SOLELY AT YOUR RISK. BECAUSE SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, THESE EXCLUSIONS MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY
BY USING THE SITE YOU WAIVE ANY CLAIM WHATSOEVER AGAINST JORDANA MICHELLE GUTMAN WHICH ARISES FROM YOUR USE, WHETHER INTENDED OR NOT, OF THIS OR ANY OTHER SITE. THIS WAIVER SPECIFICALLY INCLUDES ANY CLAIM ARISING FROM A PRODUCT AND/OR SERVICE WHICH YOU PURCHASE FROM ANY OTHER PERSON OR ENTITY THAN JORDANA MICHELLE OR PURCHASE FROM ANY WEBSITE OTHER THAN WWW.JORDANAMICHELLE.COM AND ANY CLAIM ARISING FROM SECURITY OF INFORMATION (INCLUDING, BUT NOT LIMITED TO CREDIT CARD INFORMATION) WHICH YOU USE ON THIS SITE.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAWS: UNDER NO CIRCUMSTANCES SHALL JORDANA MICHELLE GUTMAN OR HER AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR SPECIAL DAMAGES OR LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR FOR THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR BUSINESS INTERRUPTION THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS WEBSITE OR ANY OF ITS CONTENT. THIS LIMITATION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS IN LAW OR EQUITY, EVEN IF JORDANA MICHELLE GUTMAN OR HER AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IN NO EVENT SHALL THE AMOUNT OF COLLECTIVE LIABILITY OF COMPANY AND ITS AGENTS, AFFILIATED COMPANIES, OFFICERS, DIRECTORS, EMPLOYEES, AND CONTRACTORS EXCEED THE AMOUNT ACTUALLY PAID TO COMPANY FOR PRODUCTS OR SERVICES. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, JORDANA MICHELLE GUTMAN’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
EXTERNAL SITES
The Websites may contain links to third-party websites (“External Sites”). These links are provided solely as a convenience to you and not as an endorsement by us of the content on such External Sites. The content of such External Sites is developed and provided by others. You should contact the site administrator or webmaster for those External Sites if you have any concerns regarding such links or any content located on such External Sites. We are not responsible for the content of any linked External Sites and do not make any representations regarding the content or accuracy of materials on such External Sites. You should take precautions when downloading files from all websites to protect your computer from viruses and other destructive programs. If you decide to access linked External Sites, you do so at your own risk.
INDEMNIFICATION.
Upon request, you agree to defend, indemnify, and hold Jordana Michelle Gutman and any related agents or affiliated companies harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your misuse of this web site or from your violation of the terms and conditions stated herein.
COMMUNITY GUIDELINES
You agree to not use this site for any unlawful purpose and agree that you will not:
1. Harass, stalk or otherwise abuse another user
2. Transmit or otherwise make available any content that is false, harmful, threatening, abusive, tortious, defamatory, libelous, disparaging (including disparaging of the Site), vulgar, obscene, pornographic or that promotes violence, racial hatred, terrorism or illegal acts, or is otherwise objectionable (as determined by us in our sole discretion)
3. Transmit or otherwise make available any content that is unlawful or infringes, violates or misappropriates any patent, trademark, trade identity right, trade secret, publicity right, privacy right, copyright or any other intellectual property or any other rights of any third party
4. Upload or transmit viruses, Trojan horses or other harmful, disruptive or destructive files or post material that interferes with any third party's uninterrupted use and enjoyment of the Site
5. Impersonate any person or entity, or otherwise disguise the origin of any content transmitted through the Site or to us, including forging any TCP/IP packet header or any part of the header information in any transmission to the Site for any reason
6. Transmit or otherwise make available through the Site any personal advertising, junk mail, spam, chain letters, pyramid schemes or offer for sale of any products or services, except in areas specifically designated for such purposes
7. Violate any applicable local, state, federal or international law, rule or regulation.
8. You agree at all times to defend, indemnify and hold harmless Jordana Michelle Gutman and all affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to your breach of any obligation, warranty, representation or covenant set forth herein.
NEWSLETTER SUBSCRIPTION
You understand that by entering your name and email address on the entry page that you are:
1. Subscribing to a free, no obligation email newsletter.
2. This newsletter is offered as a free service by Jordana Michelle Gutman and no purchase is necessary.
3. On occasion, subscribers have had trouble removing themselves from this free newsletter. If you have trouble subscribing or removing, you may contact us by writing to help@jordanamichelle.com for personal attention.
4. BY ENTERING THIS WEBSITE, YOU AGREE THAT YOU WISH TO BE SUBSCRIBED TO THIS NEWSLETTER, AND THAT YOU WILL MAKE NO THREATS, AND TAKE NO ADDITIONAL ACTION AGAINST JORDANA MICHELLE GUTMAN IN THE EVENT YOU ARE UNHAPPY THAT YOU SUBSCRIBED OR ARE NOT ABLE TO REMOVE YOURSELF FROM THIS FREE MAILING LIST.
5. You agree that the small inconvenience of receiving this unwanted newsletter will cause you no personal, emotional, or financial harm whatsoever.
6. You agree that you have opted-in to receive our newsletter by providing your email address on our website. if you do not wish to receive our newsletter, simply click on the unsubscribe link at the bottom of the newsletter. If you need further assistance, please write to us at: help@jordanamichelle.com
MISCELLANEOUS
Unless otherwise specified herein, this agreement constitutes your entire agreement with respect to this website and supersedes all prior or contemporaneous communications with respect to this website.
If any part of these Terms and Conditions is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
JURISDICTION
These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York. You hereby consent to binding arbitration in the State of New York to resolve any disputes arising under these Terms and Conditions.