Terms and Conditions

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Terms of Service

The Service is protected by copyright pursuant to U.S. and international copyright laws, and all rights are reserved by Jane Thibodeau PLLC.

These terms and conditions (these “Terms”) govern your use of the janethibodeau.com website (the “Site”), the All Kinds of News newsletter (the “Newsletter”), and any materials, online communications and other information that is or becomes available on the website, including the Jane Thibodeau PLLC service (collectively with the Site and the Newsletter, the “Service”). The Service is provided by Jane Thibodeau PLLC. By accessing the Site or otherwise using the Service, you accept and agree to be bound by these Terms, without limitation or qualification . If you do not accept any of these Terms, do not use the Service.

Your Obligations

You may not use the Service for any unlawful purpose or in violation of these Terms. While using the Service, you shall abide by all applicable federal, state or local laws including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency and copyright or trademark infringement. Jane Thibodeau PLLC authorizes you to view and download the materials on the Service solely for your personal, non-commercial use. You may not sell or modify any information on the Service or reproduce, display, publicly perform, distribute or otherwise use such materials in any way for any public or commercial purpose without the advance written permission of Jane Thibodeau PLLC.

General Disclaimer

The Service is designed primarily to market services provided by Jane Thibodeau PLLC. The information available on the Service (“Information”) is provided free of charge as a user convenience and is to be used for informational purposes only. Some of the Information is provided by third parties, and may represent opinion or judgment or contain inadvertent technical oversights, factual inaccuracies, or typographical errors. Jane Thibodeau PLLC has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available through the Service, nor does Jane Thibodeau PLLC guarantee the accuracy or completeness of any Information. Jane Thibodeau PLLC is not responsible for any errors, inaccuracies, omissions or deficiencies in the Information. The Information is provided “as is,” with no guarantees of completeness, non-infringement, accuracy or timeliness, and without warranties of any kind, express or implied. You therefore assume sole responsibility for all risks associated with the use of the Information and rely on such Information at your own risk. By using the Service, you acknowledge that Jane Thibodeau PLLC is in no way responsible for any consequences whatsoever to anyone arising from your use or interpretation of any Information contained within or linked to from the Service. Before making decisions based on the Information, you should consult with a professional therapist or other qualified professional, and visit any programs or treatment centers you are considering. Jane Thibodeau PLLC does not represent that any information on the website may be downloaded outside of the United States.

Copyright Policy

Jane Thibodeau PLLC respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Service, please contact Jane Thibodeau PLLC at hello@janethibodeau.com and provide the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Limitation on Liability

To the extent permitted by law, under no circumstances shall Jane Thibodeau PLLC or any of its affiliates, partners, officers, directors, employees, subsidiaries, agents, or parents be held liable for any damages, whether direct, incidental, indirect, special, or consequential damages, including, without limitation, lost use, data, revenues, time, money, profits or goodwill arising from or in connection with the use, reliance on, or performance of the information on the website, even when Jane Thibodeau PLLC has been advised of the possibility of such damages. Jane Thibodeau PLLC shall not be liable for damages or injury caused in whole or in part, whether foreseeable or unforeseeable, and whether based in tort (including defamation), contract, strict liability or otherwise by the Service, the Information, or any third-party links therein. If you are dissatisfied with any aspect of the Service, your sole and exclusive remedy is to stop using the Service.

Jane Thibodeau PLLC is not liable for any loss, damages, or injury resulting from your access to, inability to access, receipt of any codes from or through, or reliance on any information obtained from or through the Service.

Indemnity

As a condition of your use of the Service, you agree to indemnify Jane Thibodeau PLLC and its affiliates, partners, officers, directors, employees, subsidiaries, and agents from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of any and all claims resulting from your use of the Service, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms of Use. This indemnity shall include, without limitation, any claim of inaccuracy or defamation based on materials that you submit for use on the site.

Third-Party Sites

The Site and the Newsletter may contain links and references to third-party websites and resources. Jane Thibodeau PLLC provides these links solely to assist users in locating other resources that may be of interest to them. No reference or link to a third party or a third-party website shall constitute an endorsement by Jane Thibodeau PLLC of such third party or such third-party website. You assume sole responsibility and risk for your use of links to third-party websites. Jane Thibodeau PLLC does not operate or control any information, content, products or services on such third-party websites. Jane Thibodeau PLLC does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on these third-party websites.

Specific Disclaimer of Warranties

ALL MATERIALS AND SERVICES PROVIDED THROUGH THE SERVICE, INCLUDING THOSE PROVIDED BY LINKS TO THIRD-PARTY WEBSITES, ARE PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND. THE CONTENT PUBLISHED ON THE SERVICE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY MADE TO THE INFORMATION HEREIN. JANE THIBODEAU PLLC MAKES NO REPRESENTATIONS AND, TO THE FULLEST EXTENT ALLOWED BY LAW, DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE REGARDING THE SUITABILITY OF THE INFORMATION; THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF THE CONTENT, SERVICES, PRODUCTS, TEXT, GRAPHICS, LINKS, OR OTHER ITEMS CONTAINED WITHIN THE WEBSITE, OR THE RESULTS OBTAINED FROM ACCESSING AND USING THIS SITE AND/OR THE CONTENT CONTAINED HEREIN. JANE THIBODEAU PLLC DOES NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, INCLUDING THE SERVER THAT MAKES IT AVAILABLE, IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. IN ADDITION, JANE THIBODEAU PLLC SHALL NOT BE LIABLE TO YOU OR ANYONE ELSE FOR ANY LOSS OR INJURY CAUSED IN WHOLE OR PART BY CONTINGENCIES BEYOND ITS CONTROL IN PROCURING, COMPILING, INTERPRETING, REPORTING OR DELIVERING THE SERVICE AND INFORMATION THROUGH THE SITE AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY MAINTENANCE, REPAIR OR CORRECTION ARISING FROM ANY SUCH LOSS OR INJURY.

Modification

Jane Thibodeau PLLC shall have the right, at its sole discretion, to make improvements and/or changes to any aspect of the Service at any time and shall not be liable for the effects these alterations may have. Jane Thibodeau PLLC also reserves the right to modify these Terms at any time without notice. Because such modifications to these Terms shall be effective immediately upon posting, and your subsequent use of the Service after such posting shall conclusively be deemed to be acceptance by you of such modifications, you should review these Terms periodically.

Privacy Policy

Jane Thibodeau PLLC’s use of your personal information is subject to the Jane Thibodeau PLLC Privacy Policy.

Miscellaneous

These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Service; provided, however, that in the event of a conflict between such other terms and these Terms, these Terms shall control. These Terms have been made in and shall be construed and enforced in accordance with North Carolina law without regard to any conflict of law principles. Any claim or dispute between you and Jane Thibodeau PLLC, including any action to enforce these Terms, shall be brought in the federal or state courts located in Raleigh, NC, and you agree to the exclusive and personal jurisdiction of these courts. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.

Copyright Information

Except where noted otherwise, all website contents Copyright © 2023 Jane Thibodeau PLLC. All rights reserved under United States and foreign law. No part of the materials on the Site or otherwise made available through the Service, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form by any means without Jane Thibodeau PLLC’s written permission.

Newsletter Terms

The following terms and conditions apply only to subscribers of the Newsletter and to Jane Thibodeau PLLC’s advertisers, who automatically receive the Newsletter.

By subscribing to the Newsletter, you agree to Jane Thibodeau PLLC’s Terms of Service and Privacy Policy. The Newsletter is free to receive, and the content of the Newsletter is provided by third-party advertisers. Jane Thibodeau PLLC may, but is not required to, edit such content for quality purposes; however, Jane Thibodeau PLLC has no obligation to, and does not in the normal course, monitor or control such content nor guarantee the truth, currency, accuracy, or completeness thereof.

Any personal information you provide in connection with your subscription to the Newsletter is subject to the Jane Thibodeau PLLC Privacy Policy. In addition, Jane Thibodeau PLLC will collect, store, and use such information to manage your subscription and distribute the Newsletter to you. You are free to unsubscribe from the Newsletter at any time by choosing the “Unsubscribe” link at the bottom of all our email newsletters.

Jane Thibodeau PLLC reserves the right to suspend, cancel or deny your subscription to the Newsletter at any time, with or without notice to you, for any reason or for no reason at all. Jane Thibodeau PLLC reserves the right to modify, temporarily discontinue or permanently cancel the Newsletter at any time, with or without notice to you, for any reason or for no reason at all.

LEGAL LIABILITY.

YOU ARE SOLELY RESPONSIBLE FOR ANY LEGAL LIABILITY ARISING OUT OF OR RELATING TO (A) ANY ANNOUNCEMENT OR CONTENT INCLUDED THEREWITH, (B) ANY MATERIAL TO WHICH USERS CAN ACCESS DIRECTLY THROUGH ANY LINK PROVIDED AS PART OF THE CONTENT, (C) YOUR PROVISION OF YOUR PRODUCTS AND SERVICES.

DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY.

JANE THIBODEAU PLLC DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICE NOT EXPRESSLY SET FORTH HEREIN, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT. WITHOUT LIMITING THE FOREGOING, THE SERVICE MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET AND ELECTRONIC COMMUNICATION, AND JANE THIBODEAU PLLC WILL NOT BE RESPONSIBLE FOR ANY LIMITATIONS, DELAYS, DELIVERY FAILURES, OR OTHER DAMAGES RESULTING FROM SUCH PROBLEMS. IN NO EVENT SHALL JANE THIBODEAU PLLC BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY, INDIRECT, OR PUNITIVE DAMAGES, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, LOST PROFITS, LOST SALES OR BUSINESS, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST DATA, OR ANY OTHER DAMAGES OR LOSSES OF ANY KIND, ARISING OUT OF OR RELATING IN ANY WAY TO THESE CONTENT TERMS OR THE SERVICE, EVEN IF AKOT HAS BEEN ADVISED, KNEW, OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. Your exclusive remedy for any damages under these Content Terms relating to any Announcement shall be to receive a prompt refund of the fees you have paid for such Announcement.

INDEMNIFICATION.

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS JANE THIBODEAU PLLC AND ITS AFFILIATES AND EACH OF THEIR OFFICERS, DIRECTORS, MANAGERS, MEMBERS, SHAREHOLDERS, EMPLOYEES, AGENTS, AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL LIABILITIES, CLAIMS, CAUSES OF ACTION, JUDGMENTS, SUITS, LOSSES, DAMAGES, FEES, EXPENSES (INCLUDING ATTORNEYS’ FEES), INCLUDING WITHOUT LIMITATION CLAIMS FOR LIBEL, SLANDER, INVASION OF PRIVACY, COPYRIGHT INFRINGEMENTS, OR OTHERWISE, ARISING FROM OR RELATING TO (A) YOUR BREACH OF ANY OF THESE CONTENT TERMS, (B) YOUR ANNOUNCEMENT, THE CONTENT, OR THE SERVICES OR PRODUCTS PROVIDED BY YOU, OR (C) YOUR VIOLATION OF ANY INTERNATIONAL, FEDERAL, STATE, OR LOCAL LAW, RULE, OR REGULATION.

Modification; Amendment.

Jane Thibodeau PLLC may modify or amend these Content Terms at any time without notice. You agree to review these Content Terms periodically since such modifications or amendments shall be effective immediately upon posting and your subsequent use of the Service after such posting shall conclusively be deemed to constitute your acknowledgment and acceptance of such modifications or amendments.

Attorneys’ Fees.

In the event of any litigation or dispute arising from or relating to these Content Terms, the prevailing party shall be entitled to reasonable attorneys’ fees, court costs, and collection costs in addition to any other relief to which such party may be entitled.

Governing Law; Jurisdiction and Venue.

You agree that the laws of the State of North Carolina and the United States will apply to all matters relating to these Content Terms, the Newsletter, and the Service, as they would to agreements made and entered into entirely in Utah by Utah residents, notwithstanding your actual place of residence. These Content Terms may be enforced in any federal court or state court sitting in Raleigh, NC, and each party hereto consents to the jurisdiction and venue of any such court and waives any argument that venue in such forum is not convenient. If either party hereto commences any action arising directly or indirectly from these Content Terms, the Newsletter, or the Service in another jurisdiction or venue, the other party to these Content Terms shall have the option of transferring the case to the above-described venue or jurisdiction or, if such transfer cannot be accomplished, to have such case dismissed without prejudice.

Updated January 9, 2023.