Terms of Use
Terms of Use
These Terms of Use (“Terms”) govern your access to and use of the services provided through the website located at https://janinerotter.com/ (the “Website”) and any materials, services, information, and data hosted or transmitted via the Website, including all Content, as defined below, (collectively, “Services”) as provided by Janine Rotter (“us”, “our”, or “we”). Your access to and use of the Website and Content are conditioned on your acceptance of and compliance with these Terms of Use (“Terms”). Please read these Terms carefully.
Terms
By accessing or using the Website you agree to be bound by these Terms. If you are dissatisfied with the Website, Services, or these Terms, you agree that your sole and exclusive remedy is to discontinue your use of the Website. If you are under thirteen (13) years of age, you are prohibited from using this Website without adult supervision.
You acknowledge and accept that your use of the Website is at your sole risk. You represent you have the legal capacity and authority to accept these Terms and you understand that some of these Terms may not apply to you but all the Terms are nonetheless binding. As the rightful owner of the Website, we reserve the right to change or terminate these Terms at any time and from time to time without any notice to you. Any such changes are automatically made part of these Terms and are fully enforceable on you.
Ownership. The Website and associated Content is the owned or appropriately licensed property of Janine Rotter. “Content” includes, without limitation, video, audio, photographs, images, illustrations, animations, logos, tools, information, data, text, software, scripts, executable files, graphics, and interactive features, any of which may be generated, provided, or otherwise made accessible on or through the Website. The Content is protected by copyrights, trademarks, service marks, trade secrets, and/or other proprietary rights and laws, including all intellectual property rights whether or not those rights are registered. We reserve all applicable rights in and to the Website and Content. Systematic retrieval of data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, recreation, database, or directory of the Website materials is prohibited except as provided for herein.
Limited License. We grant you a limited license and permission to use or display certain downloadable documents and worksheets located on the Website (“Downloadable Content”). The Downloadable Content is explicitly demarcated for such use, and this license and permission is strictly limited to such Downloadable Content. You are allowed to download and reproduce the Downloadable Content but you may not distribute, modify, or make derivatives of the Downloadable Content. You may not sell or sell access to the Downloadable Content although you may use it as part of your practice. You must keep intact all copyright, trademark, and other proprietary notices on the Downloadable Content. All your use of the Downloadable Content must at all times include the applicable copyright notice (e.g. “© 2023 Janine Rotter. All rights reserved.”).
Prohibitions. You may not: (a) reverse engineer, decompile, tamper with, or create derivative works of the Website or Content; (b) change, modify, or alter the Website or Content; (c) circumvent any protections that are a part of the Website; (d) use the Website for any commercial or illegal purpose; (e) contact or collect any information about any other user of the Website through the Website; (f) use the Website to violate any legal right of any third party; (g) use any automated means to access or use the Website (including scripts, “bots” or similar software); or (i) duplicate, reproduce, publish, display, distribute, or create derivative works of the Content through any means, except as provided for herein.
Use. The Website, and all Services, are protected by applicable law, including copyright law, and you are explicitly advised that any use of the Website in violation of the law is prohibited. Any unauthorized duplication, reproduction, performance, display, distribution, or derivative works of any copyrighted Content not owned, or duly licensed, by you is against the law. Use of the Website or Services for any purpose not expressly provided for herein is prohibited.
User Conduct. You represent, warrant, and agree that no materials of any kind submitted or otherwise created, used, posted, transmitted, or shared by you or others through you on or through the Website will violate or infringe upon the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights; or contain libelous, defamatory, or otherwise unlawful material. You further agree not to use the Website:
To take any unlawful or unauthorized actions or in any way damage, disable, overburden, or impair the Website or the intellectual property rights owned or licensed by us as described elsewhere herein;
To upload, post, transmit, share, or otherwise make available any material that contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment;
To interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies, or regulations of networks connected to the Website; or
To upload, post, email, or otherwise transmit any advertising or promotional materials, including without limitation, “junk mail,” “surveys,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation or unauthorized communication.
Contributions. In the event you choose to make a monetary contribution through the Website, you agree to the following: If you are paying by credit card, you authorize us to charge your credit card for your chosen contribution amount, together with all applicable taxes or other duties or levies, payable at the time of purchase. You further authorize us to use a third party to process payments, and consent to the disclosure of your payment information to such third party.
Updates. From time to time, we may create updated versions of the Website. Updates may be automatically transmitted to you and you accept such updates according to these Terms. Unless explicitly stated otherwise, all updates will be subject to these Terms, including any amendments to these Terms.
Digital Millennium Copyright Act. We comply with all copyright laws including the Digital Millennium Copyright Act (“DMCA”). If you believe the Website violates any copyright that you own or control, submit notification to us at the address provided in the “Contact” section that includes:
A physical or electronic signature of the copyright owner or a person authorized to act on behalf of the owner of the exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works are covered by a single notification, a representative list of such works claimed to have been infringed;
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;
Information reasonably sufficient to permit us to contact you, such as an address, telephone number, and email address at which you may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by you, your agent, or the law; and
A statement that the information in the notification is accurate and, under penalty of perjury, that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.
Third Party Sites. The Website may contain (or may send you through or to) links to non-Website websites and/or software (“Third Party Sites”). We are not responsible for such Third Party Sites or for any content posted on, available through, or installed from such Third Party Sites. Inclusion of, linking to, or permitting the use or installation of such Third Party Sites does not imply approval or endorsement thereof by us. We shall have no responsibility or liability whatsoever for any Third Party Sites accessed through use of the Website. Your use and interaction with Third Party Sites may be subject to separate terms and conditions of such Third Party Sites. If you access Third Party Sites, you must comply with the terms and conditions that apply.
Third Party Video Services. The Website may offer Content through a third party service providing group video and audio meetings offered over the Internet. We do not control this third party service. You are bound by the terms and conditions of the third party service and consent to the use of such third party service. We cannot guarantee the security of personally identifiable information provided to or through the third party service. We are not responsible for any technical, hardware, software, or equipment malfunction, nor any occurrence beyond our reasonable control and you release us of any liability therefor.
Privacy Policy. The information we obtain through your use of the Website is subject to our Privacy Policy and is specifically incorporated by reference into these Terms.
Termination. You agree that we may, at our sole discretion, terminate or suspend your access to all or part of the Website, with or without notice and for any reason, including breach of these Terms. Any suspected fraudulent, abusive, or illegal activity may be grounds for barring your access to this Website and reporting you to the proper authorities. Any part of these Terms intended to apply following termination will so apply.
Disclaimer of Warranty.
The Website and all associated Services and Content are provided “as is”, with all faults and without warranty of any kind. We hereby disclaim all warranties with respect to the Website, Content, and Services either express, implied, or statutory, including but not limited to the implied warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, quiet enjoyment, and non-infringement of third party rights. We do not warrant, guarantee, or make any representations that the Website, Content, or Services are reliable, secure, or accurate, that they will meet your needs or requirements, that they will be available at any particular time or location, that any defects or errors will be corrected, or that they will be free of viruses or other harmful components. You use the Website at your own risk. No oral or written communications from us shall create a warranty or in any way increase the scope of these Terms and you may not rely on any such communications. Some jurisdictions do not allow the exclusion or limitation of certain warranties or consumer rights so some exclusions or limitations may not apply to you but they shall apply to the maximum extent permitted by law.
We further do not guarantee the accuracy of information provided through online courses hosted on the Website and will not be liable for any claims or losses related thereto.
The Website is not intended to be a substitute for professional advice. Under no circumstances will we be liable for any loss or damage caused by your reliance on information obtained through the Website. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice, or other content available through the Website.
We do not endorse, and nothing on the Website shall be deemed to be an endorsement, representation, or warranty of, any third party, whether in relation to such third party’s products, services, websites, experience, or background. We do not make any representations or warranties with regard to any materials posted by users.
Limitation of Liability. You hereby agree that we, along with our subsidiaries, affiliates, and assigns, and each of their directors, officers, agents, contractors, partners, and employees, shall not be liable to you or any third party for any indirect, special, consequential, or incidental damages including but not limited to damages for loss of funds or property, business interruption, loss of business opportunity, loss of data, injury, death, or any other hardship, damages, or losses arising out of or related to: the use or inability to use the Website or Services, however caused; unauthorized or accidental access to or alteration of data; statements or conduct of any third party; or any matter relating to the use of the Website or Services; and even if we have been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain remedies or damages so some exclusions and limitations may not apply to you but they shall apply to the maximum extent permitted by law.
Indemnification. You do hereby indemnify and hold us, our subsidiaries, affiliates, and assigns, and our and their directors, officers, agents, contractors, partners, and employees, harmless from and against any loss, liability, claim, demand, damages, costs, and expenses, including reasonable attorneys’ fees, arising out of these Terms or in connection with any use of the Website or Services including, but not limited to, any damages, losses, or liabilities whatsoever with respect to or arising from the possession, use, or operation of the Website or Services.
Severability. If any provision of these Terms is found unenforceable or illegal, we may reform such provision to make it enforceable and legal or such provision may be severed and in either case these Terms with such provision reformed or severed will remain in full force and effect to the fullest extent permitted by law. Our failure to enforce any part or portion of these Terms shall not be considered a waiver.
Dispute Resolution. We hope to address all of your claims through good faith negotiation and ask that you contact us at the address listed in the Contact section with any issues you may have regarding the Website or these Terms. Any dispute, controversy, or claim arising out of or related to these Terms, or the breach thereof, which cannot be resolved by good faith negotiation between the parties shall be settled by confidential binding arbitration by the American Arbitration Association in accordance with its Commercial Arbitration Rules in Arizona. Any resulting resolution may include the award of related fees and costs, including reasonable attorneys’ fees, and may be entered in any court of competent jurisdiction.
Controlling Law. These Terms shall be governed by the laws of the State of Arizona and of the United States. Subject to the arbitration requirement above, all claims, legal proceedings, or litigation arising in connection with the Website or Services will be brought solely in the courts located in California and you consent to the exclusive jurisdiction of and venue in such courts and waive any objection as to inconvenient forum.
Entire Agreement. These Terms constitute the entire agreement between you and us relating to the subject matter hereof and supersede all prior understandings, promises, and undertakings, if any, made orally or in writing with respect to the subject matter hereof. You may not assign any of these Terms. We may assign all or any portion of these Terms in our sole discretion. No modification, amendment, waiver, termination, or discharge of any portion of these Terms shall be binding unless executed and confirmed in writing by us.
Contact. If you have any questions regarding these Terms, please contact:
Janine Rotter
Scottsdale, Arizona 85262