TERMS AND CONDITIONS OF USE
These Terms and Conditions of Use constitute the sole agreement between you and JudyENelson.com relating to your use and our provision of services. We reserve the right, at our discretion, to change these Terms and Conditions at any time and without notice. By accessing JudyENelson.com and/or utilizing our services, you automatically agree to our Terms and Conditions of Use. This Website includes, without limitation, all content, information, text, questions, comments, ideas, graphics, images, tools, and software programs contained therein and other related materials.
LIMITATION OF LIABILTY
You agree that neither Judy E. Nelson nor her employees or agents shall be held liable to you or your family and associates, for any loss or damages, either actual or consequential, arising out of or relating to these Terms, our services, your (or any third party’s) use or inability to use this Website, or your reliance upon any information obtained from Judy E. Nelson or JudyENelson.com. Specifically, we shall not be held liable for any consequential, indirect, punitive, special or incidental damages, whether foreseeable or unforeseeable (including, but not limited to, claims for defamation, errors, loss of data, or interruption of availability of data), under any theory of law.
GENERAL DISCLAIMER
Information provided through our services, on the Website, in our materials, including but not limited to telephone, e-mail, Skype consultations, texts, graphics, images and tools posted on various pages is for GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. Information from Judy E. Nelson, JudyENelson.com, or its representatives, is not intended to create any physician-patient relationship or to replace and/or contradict any professional advice – including but not limited to: (1) Professional Medical Advice, Diagnosis, or Treatment; (2) Professional Financial or Investment Advice or Guarantee; (3) Professional Legal Advice – because of something you have read on JudyENelson.com or information you received through our services. We are not engaged in the practice of medicine, law, or in the business of providing financial or investment advice. You are solely responsible and accountable for your decisions, actions and results in life that either directly or indirectly relate to your participation in our services. You agree not to hold us liable for any decisions, actions or results that you make or experience in life due to such participation at any time, under any circumstances.
DISCLAIMER – NO PROFESSIONAL SERVICES OR ADVICE
Energy Healing: Energy Healing Service Providers are not licensed by the state. Energy Healing is only intended to be complimentary. Judy E. Nelson is not a medical doctor nor a licensed physician nor a licensed psychologist nor a licensed psychotherapist. Judy E. Nelson does not practice medicine, diagnose, cure or treat any disease or illness. Persons with a psychological or a physical illness or persons requiring possible treatment should seek out professional medical diagnosis, medical monitoring, and/or medical treatment. Judy E. Nelson does not recommend discontinuing medical doctor, psychiatric, or psychological services or medication, or controlled substances prescribed or recommended by an appropriately licensed practitioner. Judy E. Nelson is neither responsible nor to be held liable for any progression of an illness, injury, or death that occurs before, during, or after receipt of services. Terminology utilized by Judy E. Nelson and this Website in no way corresponds to medically labeled, psychological or physical ailments, diseases, dysfunctions, or physical phenomena. The terminology used only serves as labels for various kinds of nonphysical energy health. The Energy Healing method has not been endorsed or verified by the Food and Drug Administration or the American Medical Association.
DISCLAIMER – RELATING TO THIRD-PARTY WEBSITES AND PUBLICATIONS
Any articles, links to third-party websites, or other third-party publications, made available by the JudyENelson.com Website are for GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. JudyENelson.com does not endorse any opinions, statements, advice, services or any information provided by any third-party. JudyENelson.com does not operate, or control any third-party website or the content of a third-party publication and disclaims that the information obtained and provided therein is accurate or complete.
Please note that third-party websites, service providers, and any and all other third-party entities accessible or referenced on JudyENelson.com have their own separate and individual privacy and data collection policies that are neither protected nor governed by our Privacy Policy. We advise that you refer to the privacy and data collection policy of any third-party before disclosing any information.
INTELLECTUAL PROPERTY RIGHTS – INNAPROPRIATE USE OF WEBSITE
All contents of JudyENelson.com, including and not limitation to: all designs, logos, service marks, trade names, images, text, graphics, other files, and the selection and arrangement thereof, are copyrighted and proprietary property. All usage rights are owned and controlled by JudyENelson.com.
You are authorized to copy (electronically or in hard copy) or download materials published on this Website or in print for non-commercial personal use only, provided that: (1) any copy of the documents you make shall retain all copyright, trademark, proprietary notices, and any disclaimer contained on the documents; (2) you not modify any of the materials or the content therein in any way; (3) you do not use the materials in a manner that suggests an association with any outside products, services, events or brands; and (4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes.
Everything you download including any software, files images incorporated in or generated on our Website, and all data accompanying it, is considered licensed to you by JudyENelson.com or third-party licensors for your personal, non-commercial use only. We do not transfer title of the software to you. We retain full and complete title to the software and to all of the associated intellectual-property rights.
MATERIALS YOU SUBMIT
You are responsible for any submission you make, including the legality, reliability, appropriateness, originality and copyright of any such materials. You are not permitted to upload, distribute, or otherwise publish through the JudyENelson.com Website any content which is libelous, defamatory, obscene, threatening, and invasive of privacy or publicity rights, illegal or otherwise objectionable or which may constitute or encourage a criminal offense.
Except as provided in our Privacy Policy, any and all submissions shall be deemed to be non-confidential and non-proprietary. We shall have no obligation of any kind with respect to such submissions and shall be free to reproduce, use, disclose, modify, display and distribute submissions to others without limitations. By transmitting such submissions to JudyENelson.com Website, you automatically grant a perpetual, worldwide, royalty-free, irrevocable, non-exclusive right and license (with rights to sublicense) to use, reproduce, modify, adapt, publish, translate, edit, and distribute your submissions worldwide and/or to incorporate them in other works in any form for the full term of any copyright that may exist in such submissions for any purpose, including monetary gain.
PRIVACY POLICY
JudyENelson.com strives to offer its visitors the many advantages of Internet technology and to provide an interactive and personalized experience, while safeguarding their personal information.
Information We Collect:
Just like other interactive Websites, we obtain information from you to enhance your visit. For communication purposes, we generally require that you provide us with your name, e-mail, and telephone number.
Personally Identifiable Information:
The use of your Personally Identifiable Information, i.e., name, e-mail address, street address, telephone number, is subject to the terms of this Privacy Policy. We will never sell, exchange, or rent your Personally Identifiable Information to any third-party for their direct marketing purposes, without your authorization.
However, we retain the right to disclose your personal information to law enforcement authorities or in response to a court order, to collect outstanding fees, or at any other time we deem it appropriate and necessary, without notice.
Furthermore, if you voluntarily disclose Personally Identifiable Information on our public message boards or in chat room areas, we will not be able to safeguard that information from being viewed publically and utilized by non-authorized third-parties. Such voluntary disclosure may result in unsolicited messages from non-authorized third-parties without our knowledge or authorization.
How We Collect and Store Information:
How we collect and store information depends on the page you are visiting, the activities in which you elect to participate and the services provided. For example, you may be asked to provide information when you register for access to certain portions of our site or request certain features, such as newsletters or when you make a purchase. You may provide information when you participate in sweepstakes and contests, message boards and chat rooms, and other interactive areas of our site.
JudyENelson.com also collects information automatically and through the use of electronic tools that may be transparent to our visitors. For example, we may log the name of your Internet Service Provider or use cookie technology to recognize you and hold information from your visit. Among other things, the cookie may store your user name and password, sparing you from having to re-enter that information each time you visit, or may control the number of times you encounter a particular advertisement while visiting our site.
As we adopt additional technology, we may also gather information through other means. In certain cases, you can choose not to provide us with information, for example by setting your browser to refuse to accept cookies, but if you do you may be unable to access certain portions of the site or may be asked to re-enter your user name and password, and we may not be able to customize the site’s features according to your preferences.
How We Generally Use Your Information
We may use your contact information to communicate with you about your registration and customization preferences, our Terms and Conditions of Use, Privacy Policy, services, products offered by JudyENelson.com and other topics we think you might find of interest, as necessary.
Your personally identifiable information may also be used for, but not limited to, site administration, troubleshooting, processing of e-commerce transactions, administration of sweepstakes and contests, and other communications with you. Certain third-parties who provide technical support for the operation of our site (our Web hosting service for example) may access such information. In addition, from time to time as we continue to develop our business, we may sell, buy, merge or partner with other companies or businesses. In such transactions, user information may be among the transferred assets.
Aggregated Information (information that does not personally identify you) may be used in many ways. For example, we may combine information about your usage patterns with similar information obtained from other users to help enhance our site and services (e.g., to learn which pages are visited most or what features are most attractive). Aggregated Information may occasionally be shared with our advertisers and business partners, when appropriate.
NOTICE TO PARENTS AND MINORS
Neither this Website nor our services are intended for persons under the age of 18. Persons under 18 years of age are not permitted to access our services. We do not knowingly solicit persons under the age of 18 to use our Website or services, nor do we collect or solicit Personally Identifiably Information from such persons. If you believe that a person under the age of 18 has gained access to our services or that JudyENelson.com has any Personally Identifiable Information of such a person, please contact us immediately.
GOVERNING LAW
This Agreement shall be governed by, and its provisions construed under and to be in compliance with the laws of the State of California. The parties agree and stipulate that venue for purposes of construing or enforcing this agreement shall only be maintained in the County of Los Angeles, State of California and in no other jurisdiction. The parties waive any right to seek jurisdiction in any venue other than the County of Los Angeles, State of California.
CONSTRUCTION
If any provision of this AGREEMENT is determined to be unenforceable, said provision shall be deemed severed from this AGREEMENT and the remaining provisions shall nevertheless remain in full force and effect. This AGREEMENT shall be deemed executed in Los Angeles, California.
DISPUTE RESOLUTION
The parties agree to use the dispute resolution procedures set forth herein as the sole means of resolving any disputes arising out of the Agreement and the rights and obligations of the parties hereunder, except where equitable remedies are the only means of effectively protecting the injured party.
Mediation. Before invoking the Binding Arbitration Provision set forth below, the Parties shall first participate in mediation of any dispute arising under this Agreement. Such dispute shall be promptly referred to mediation in accordance with the Commercial Mediation Rules of the American Arbitration Association (“AAA”). In the event mediation is unsuccessful, such dispute shall be settled by binding arbitration as described in sub section (b) below (the Parties may alternatively select either ADR or JAMS to act and facilitate the Mediation if mutually agreed to).
Arbitration. If the Mediation described in this Agreement does not result in a mutually acceptable resolution of the dispute, then any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, or another location agreed to by the parties. The arbitration shall be conducted through American Arbitration Association (“AAA”). The costs of the arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration, unless the arbitrator orders otherwise. The Parties waive the right to seek punitive and/or exemplary damages.
INDEMNIFICATION
You agree to indemnify, defend and hold harmless Judy E. Nelson, JudyENelson.com, or any of their employees and/or agents from any liability, loss, claim and expense (including attorneys’ reasonable fees) related to (1) your violation of these Terms, and (2) your use of this Web Site or the Services.
Last Updated: January 1, 2013