PLEASE READ CAREFULLY THE FOLLOWING TERMS AND CONDITIONS RELATING TO YOUR USE OF THIS SITE AND THE PRODUCTS AND SERVICES PROVIDED HERE.
Jack Elias (“JE”) maintains this Site to provide you with information about JE products and services, as well as information about hypnotherapy, health, personal growth and self-improvement, and to facilitate communication with JE. JE may revise these terms and conditions from time to time.
JE requires that all visitors to its site(s) on the Internet (the “Site”) adhere to the following rules and regulations. By accessing the Site, you indicate your agreement and acceptance of these terms and conditions.
Copyright in the images, text, screens, and web pages appearing at the Site is owned by JE or others as indicated. The information and materials may not otherwise be copied, displayed, distributed, downloaded, licensed, modified, published, reposted, reproduced, reused, sold, transmitted, used to create a derivative work or otherwise used for public or commercial purposes, except as provided in these terms and conditions, without our express written permission.
Not all of the products or services described on the Site are available in all geographic areas. You may not be eligible for all the products or services described. JE reserves the right to determine eligibility for any product or service.
BY USING THE SITE, YOU ACKNOWLEDGE THAT WE SPECIFICALLY DISCLAIM ANY LIABILITY (WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE) FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, OR SPECIAL DAMAGES ARISING OUT OF OR IN ANY WAY CONNECTED WITH YOUR ACCESS TO OR USE OF THE SITE (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), INCLUDING LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT A USER’S COMPUTER EQUIPMENT. WITH REGARD TO SERVICES OR PRODUCTS PURCHASED OR OBTAINED BY YOU THROUGH THE SITE OR BY LINKAGE TO OTHER INTERNET SITES, EITHER DIRECTLY OR INDIRECTLY BY VARIOUS THIRD PARTY PROVIDERS OTHER THAN JE, JE MAKES NO WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO SUCH SERVICES AND PRODUCTS, AND JE SPECIFICALLY DISCLAIMS ALL OTHER WARRANTIES WITH REGARD TO SUCH SERVICES AND PRODUCTS. JE DOES NOT ENDORSE, AND SHALL HAVE NO OBLIGATION OR LIABILITY CONCERNING SUCH THIRD PARTY’S DELIVERY, OR NON-DELIVERY, OF THEIR RESPECTIVE SERVICES, PRODUCTS AND MATERIALS, OR THE ACCURACY, COMPLETENESS OR TIMELINESS THEREOF.
You agree that your use of this Site shall be governed by Washington state law and agree that jurisdiction and venue shall be located in King County, Washington.
1. GENERAL PROVISIONS.
JE does not represent or endorse the accuracy or reliability of any information, contentor advertisements (the “Materials”) contained on, distributed through, or linked, downloaded or accessed from the Site, except as otherwise expressly stated in any applicable Service Agreement, nor the quality of any Software or other products, information or other materials displayed, purchased, or obtained by you as a result of any advertisement or any information or offer in or in connection with the Service or the Site (the “Products”). You acknowledge that any reliance upon any Service, Product, or Material shall be at your sole risk, except as otherwise required by applicable consumer protection law. JE reserves the right, in its sole discretion and without any obligation, to correct any error or omission in any portion of any Service, Product, or Material.
2. LINKED INTERNET WEB SITES.
JE has provided these internet links for your convenience. JE does not endorse or accept responsibility for any such web site. JE makes no representations about any web site you may access through JE ‘s Site. Any web site linked to this Site is independent from JE. As a result, JE has no control over the Products, Services, Materials, or other information contained in or available through these third party web sites. The quality and dependability of these third party web sites may vary as they are updated or altered. Access to any other web sites linked to the Site is at your own risk.
3. DISCLOSURE OF ACCOUNT OR PERSONAL INFORMATION TO THIRD PARTIES.
JE maintains procedures designed to protect confidential information about you and your use of any Materials, Products and Services. Please refer to JE’s Privacy Statement posted on its Site for more information on JE’s use of your personal information provided to or held by JE.
4. NO WARRANTIES.
YOU AGREE THAT JE, ANY THIRD PARTY PROVIDER, AND ANY VENDOR SHALL HAVE NO LIABILITY, CONTINGENT OR OTHERWISE, FOR THE ACCURACY OR TIMELINESS OF THE SERVICE OR PRODUCT OR THE ACCURACY, TIMELINESS, COMPLETENESS OR CORRECT SEQUENCING OF THE MATERIALS, OR FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE UPON THE PRODUCTS, MATERIALS OR THE SERVICE, OR FOR INTERRUPTION OR DELAY OF ANY DATA, MATERIAL, OR ANY OTHER ASPECT OF THE SERVICE. THIS SERVICE AND ALL PRODUCTS AND MATERIALS, ARE PROVIDED “AS IS”. THERE IS NO WARRANTY THAT ANY SERVICE, PRODUCTS, MATERIALS OR OTHER CONTENT AVAILABLE ON OR THROUGH THIS WEB SITE, OR JE’S COMPUTER SYSTEM, WILL FULFILL ANY OF YOUR PARTICULAR PURPOSES OR NEEDS. THERE ARE NO IMPLIED WARRANTIES OF MERCHANTABILITY OR QUALITY, FITNESS FOR A PARTICULAR USE, OR ACCURACY OF INFORMATION CONTENT, AND NO OTHER WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE PRODUCTS OR MATERIALS, OR ANY ASPECT OF THE SERVICE (INCLUDING, BUT NOT LIMITED TO, INFORMATION ACCESS AND ORDER EXECUTION), EVEN IF JE HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES, INCLUDING, WITHOUT LIMITATION, LIABILITY ASSOCIATED WITH ANY VIRUSES WHICH MAY INFECT A USER’S COMPUTER EQUIPMENT OR RELATED SOFTWARE.
5. LIMITED LIABILITY.
IN NO EVENT SHALL JE, ANY THIRD PARTY PROVIDER, OR ANY VENDOR BE LIABLE TO USER OR ANYONE ELSE FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES (INCLUDING , BUT NOT LIMITED TO, LOST PROFITS, FAILURE TO RESOLVE HEALTH OR LIFE PROBLEMS, DAMAGES THAT RESULT FROM INCONVENIENCE, DELAY OR LOSS OF THE USE OF THE MATERIALS, PRODUCTS, OR SERVICE) ARISING OUT OF OR RELATED TO THESE WEB SITE RULES OR ANY APPLICABLE SERVICE AGREEMENT, EVEN IF JE OR SUCH THIRD PARTY PROVIDER OR VENDOR HAS BEEN ADVISED OF OR IS OTHERWISE AWARE OF THE POSSIBILITY THEREOF, EXCEPT AS LIMITED BY APPLICABLE LAW. NO ACTION REGARDLESS OF FORM ARISING OUT OF THIS AGREEMENT MAY BE BROUGHT BY YOU MORE THAN ONE (1) YEAR AFTER THE CAUSE OF ACTION HAS ACCRUED. You agree to indemnify, defend and hold JE and its Third Party Providers and Vendors harmless from and against any and all claims, losses, liability, cost, and expenses (including, but not limited to, reasonable attorneys’ fees) arising from your violation or breach of these Web Site Rules, any Service Agreement, any third party’s rights, including, but not limited to, copyrights, proprietary and privacy rights, or any applicable federal, state or local law, regulation or ordinance. Your obligations under this Section will survive the termination of these Web Site Rules, any applicable Service Agreement, or any Services.
7. TERMINATION OF SERVICE.
JE reserves the right to deny or terminate your access to or use of the Site, any Service, Product, or Material or any portion thereof, at JE ‘s sole discretion, without notice and without limitation, for any reason whatsoever including, but not limited to, your breach of any provision of these Web Site Rules or any applicable Service Agreement or discontinuance of JE ‘s access to any Product or Material. In the event of any such termination by JE, JE shall have no liability to you.
8. CHANGE IN WEB SITE RULES.
JE reserves the right to revise these Web Site Rules at any time by posting the revised Web Site Rules on the Site, and you are deemed to be apprised of and bound by any changes to these Web Site Rules unless you notify JE of your objection to and refusal to accept the changes by sending written notice of such objection to JE at: PO Box 17229, Seattle, Washington 98127 and include your name as it appears on your Account, your address, and telephone number, and sign and date your correspondence. However, if you continue to access or use the JE Web Site, or any Service, Product or Material, such action shall constitute your acceptance and agreement to the changes in the JE Web Site Rules, notwithstanding any written notice of objection to the contrary.
Jack Elias (referred to in this Privacy Statement as “JE”) recognizes the importance of protecting the privacy of all information provided by users of our web site, subscribers to our email list, registrants for our courses, trainings, and events, and all of our students, clients, and customers. We created this policy with a fundamental respect for our users’ right to privacy and to guide our relationships with our users. This privacy statement discloses the privacy practices for all products and services owned by JE.
INFORMATION COLLECTION AND USE
Registration and Ordering
When attending our courses, trainings, and events, participating in our teleseminars, using our website and signing up for certain selected services (such as our free ezine), users must first register. During registration, users are required to give their contact information (such as name, e-mail address, mailing address and phone number). For internal purposes, we use this information to communicate with users and provide requested services, and, for our website visitors, to provide a more personalized experience on our sites.
Some of our products and services are free. For our services that require payment (such as certain courses, trainings, events, and products), we also collect credit card information (such as account name, number and expiration date) through PayPal, which is used for billing purposes only, and is not otherwise shared.
Finding True Magic Email Newsletter
If users wish to subscribe to our e-mail newsletter, we ask for contact information (such as name, e-mail address, etc). We use this information in the same manner as we use contact information in the registration and ordering process described above. Recipients of our newsletters can unsubscribe using the instructions listed at the end of the email.
In the future, our website may offer interactive and community features such as discussion boards, webcasts and user profiles. Note that all personal information sent or posted via such features becomes public information for which we are not responsible.
If users elect to use our referral service for informing a friend about our site, free catalog and email newsletter, and our services, we ask them to provide the friend’s name, mailing address, and email address. JE will store and use this information to send the friend an invitation. This information may also be used to provide information about our company and related products and services. The friend may contact us as specified in the tell-a-friend message to request that no further communications be sent.
Communications with Us
We have features where users can submit information to us (such as our email forms and course feedback forms). Letters to the email newsletter editor and similar submissions may be made public. We may retain emails and other information sent to us for our internal administrative purposes, and to help us serve our clients, students, and customers better.
Communications from Us: Service Updates, Special Offers
In order to best serve our customers, we may send updates that contain important information about our site and services. For example, we send new email subscribers a welcoming message, and verify that they have, in fact, requested to be added to the email list. We may also communicate with a user to provide requested services and for purchase-related issues via e-mail, phone or regular mail.
We offer our users the option to receive information about our company, related products, services and special discounts. Users can choose not to receive these communications, as set forth in our Permission section below.
WITH WHOM YOUR INFORMATION IS SHARED
Occasionally we may offer JE Courses, Trainings, or Events in association with third parties. We do not share visitors’ credit card information with such third parties. Specifically, please note that information collected in connection with online webcasts will be shared with the sponsor of the particular webcast(s)/seminar(s). These sponsors will use the information according to their own privacy policies, and we urge participants to read those policies and be aware of their privacy practices before registering.
Other than as set forth above, we do not share personally identifiable information with other companies, apart from those acting as our agents in providing our product(s)/service(s), and which agree to use it only for that purpose and to keep the information secure and confidential. Also affiliate companies, entities into which our company may be merged, or entities to which any of our assets, products, sites or operations may be transferred, will be able to use personal information. We will also disclose information we maintain when required to do so by law, for example, in response to a court order or a subpoena or other legal obligation, in response to a law enforcement agency’s request, or in special cases when we have reason to believe that disclosing this information is necessary to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) our rights or property.
CORRECTION/UPDATING PERSONAL INFORMATION
If a user’s personally identifiable information changes (such as zip code), or if a user no longer desires our product(s)/service(s), we provide a way to correct or update that user’s personal data. The user should contact firstname.lastname@example.org for the applicable product or service.
Please note that we will endeavor to implement all requests for removal from our email list or other services within a reasonable time, although for a time users may continue to receive mailings, etc., transmitted based on information released prior to the implementation of the request. Users will continue to receive information directly related to the services for which they are registered, so that they are always kept informed.
We use reasonable precautions to protect our users’ personal information and to store it securely. Sensitive information that is transmitted to us online (such as credit card number through PayPal) is encrypted and is transmitted securely. In addition, access to all of our users’ information, not just the sensitive information mentioned above, is restricted. Finally, the servers on which we store personally identifiable information are kept in a secure environment.
Our web sites contain links to other sites. JE is not responsible for the privacy practices or content of such other sites. We encourage our users to be aware when they leave our site and to read the privacy statements of each web site to which we may link that may collect personally identifiable information.
NOTIFICATION and CHANGES
For questions about this privacy statement, contact us.
Jack Elias, CHT
Institute for Therapeutic Learning
PO Box 17229
Seattle, WA 98127