Last Modified: January 12, 2016
INFORMATION WE COLLECT
When you use our Services, you may provide See Jane Train with two main types of information: (1) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and (2) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you use our Services. We collect information from you when you (a) use and/or access our Services, (b) register an account and/or subscribe to See Jane Train, (c) open and/or respond to our emails, (d) contact See Jane Train, (e) visit any page online that displays our content, and/or (f) purchase courses, products and/or services through our Services.
Personally Identifiable Information You Choose to Provide
We may ask for certain personal information from you for the purpose of providing to you content and/or services that you request. We collect personal information such as your: (i) contact information (including name, telephone number, email and address; (ii) financial information (such as credit card number, expiration date, verification number and billing address); (iv) data and responses to questions related to our courses; and (v) preferences and/or feedback including reviews and testimonials. Once you register, you have opted in to receive electronic communications from See Jane Train. See Jane Train may also provide you with the opportunity to participate in surveys through our Services. If you participate, we will request certain personally identifiable information. Participation in surveys is completely voluntary and you therefore have a choice whether to disclose such information.
Non-Personally Identifiable Information We Collect
Aggregate: We may collect non-identifying and statistical information about the use of our Services, including without limitation how many visitors visit a specific page, how long they stay on that page and which links, if any, they click on. This information represents a generic overview of our users, including their collective habits. Information collected in the aggregate is not associated with you as an individual. We may share user information in the aggregate with third parties. See Jane Train gathers statistics and usage trends for product and service improvement purposes. Our Service may record data such as what actions you take and performance data.
Other Tracking Technologies: We may supplement information you provide to us with information from other sources, such as information to validate and/or update your address and/or other demographic information. This information is used to maintain the accuracy of information on our Services and for internal analysis. We may also use clear gifs, pixel tags and web beacons, which are tiny graphic images placed on website pages and/or in our emails that allow us to determine whether you have performed specific actions and are further used to track online movements of our users. In contrast to Cookies, which are stored on your computer’s hard drive, clear gifs are embedded invisibly on web pages. We do not tie the information gathered by clear gifs to your personally identifiable information.
HOW WE USE THAT INFORMATION
- operate, maintain and improve our Services;
- perform speaking engagements and/or seminars;
- answer questions and respond to your requests;
- perform analytics and conduct research;
- send you reminders, support and marketing messages;
- manage our administration of the Services;
- improve the design and content of our Services
- participate in one of our surveys or other forms of customer research;
- facilitate and process courses and documents; and
- analyze programs, products and services we offer.
The information collected in the aggregate enables See Jane Train to better understand your use of the Services and to enhance your enjoyment. We may use financial information to process payment, enroll you in one of our accounts and/or other related services in which you elect to participate. If you use the Services, you agree to receive certain communications from us including but not limited to the following:
Special Offers, Newsletters and Updates. We will occasionally send you information on products, special deals, promotions and newsletters. You can sign up for these emails from us at any time. Out of respect for your privacy, you may elect not to receive these types of communications by contacting us or replying to our emails.
Blogs. Our Service may have links or access to publicly accessible blogs or community forums. You should be aware that any information you provide in these areas may be read, collected, and used by others who access them.
Customer Service. Based upon the personally identifiable information you provide us, we will communicate with you in response to your inquiries, to provide the services you request and to manage your account. We will communicate with you by email or telephone, as you may elect.
Parties with whom we may share your information:
What happens in the event of a change of control:
If we sell or otherwise transfer part or all of See Jane Train or our assets to another organization (e.g., in the course of a transaction such as a merger, acquisition, bankruptcy, dissolution, liquidation, etc.), your information such as name and email address, user content and/or any other information collected through the Services may be among the items sold and/or transferred.
YOUR INFORMATION CHOICES
Depending on the situation, See Jane Train may obtain consent to the collection of personal information in different ways. Express consent may be obtained verbally, online or in writing. Implied consent may be obtained through your use of our courses and related services, or when you approach us to obtain information, inquire about or request services from us. We respect your privacy and give you an opportunity to opt out of receiving announcements of certain information. Although we think that you benefit from a more personalized experience when we know more about you and what you like, you can limit the information you provide to See Jane Train, and you can limit the communications that See Jane Train sends to you. If you visit our Services and volunteer personally identifiable information, you can opt out of receiving notifications, and you may review, modify, update, and/or delete such personally identifiable information by contacting and/or by changing your preferences on the Service. Please be aware that even after your request for a change is processed, See Jane Train may, for a time, retain residual information about you in its backup and/or archival copies of its database. Please be aware that we may still email you non-commercial emails related to your account and your transactions through our Services. Following termination of Services, See Jane Train may retain information (including without limitation your profile information) for a commercially reasonable time for backup, archival, and/or audit purposes. In some cases, if you choose not to provide See Jane Train with requested information, you may not be able to use and/or access all of our Services.
Your California Privacy Rights
Under California Civil Code Sections 1798.83-1798.84, California residents are entitled to receive: (a) information identifying any third party companies to whom See Jane Train may have disclosed personal information to for direct marketing, within the past year; and (b) a description of the categories of personal information disclosed. To obtain such information, please email your request to firstname.lastname@example.org and we will provide a list of categories of personal information disclosed within thirty (30) days of receiving such a request. This request may be made no more than once per calendar year. We reserve the right not to respond to requests submitted in ways other than those specified above.
SERVICE ELIGIBILITY AND CHANGES
Children and Minors. See Jane Train does not knowingly collect personally identifiable information from children under the age of thirteen (13). If we learn that we have collected personal information from a child under age thirteen (13), we will delete such information as quickly as possible. If you believe that a child under the age of thirteen (13) may have provided us personal information, please contact us at email@example.com. By using the Services, you represent that you are at least eighteen (18) years old and understand that you must be at least eighteen (18) years old in order to create an account and/or purchase the goods and/or services through the Services.
We work hard to secure your personal information from unauthorized access to and/or unauthorized alteration, disclosure and/or destruction of information we hold. See Jane Train has adopted appropriate physical, electronic and managerial procedures and policies to safeguard and secure the personal information we process. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. We periodically review our information collection, storage and processing practices, including physical security measures, to guard against unauthorized access to systems. Because the internet is not a completely secure environment, See Jane Train cannot warrant the security of any information you transmit to See Jane Train or guarantee that information on the Services may not be accessed, disclosed, altered and/or destroyed by breach of any of our physical, technical and/or managerial safeguards. Please do your part to help See Jane Train. You are responsible for maintaining the secrecy of your account information, and for controlling access to emails between you and See Jane Train, at all times. Please limit your access to your computer and/or mobile device and/or browser by signing off after you have finished accessing our Services. We are not responsible for the functionality, privacy and/or security measures of any other organization.
OTHER WEB SITES AND SERVICES
HOW TO CONTACT US
TERMS OF SERVICE
Please Read Carefully.
Updated: January 12, 2016
The services that See Jane Train, LLC (hereinafter “See Jane Train,” “we,” “our,” and “us”) provides to you are subject to the terms and conditions set forth herein (“Terms of Service”), which govern your access to and use of our website (www.seejakeandjanetrain.com), mobile websites and applications, owned and operated by See Jane Train, our predecessors or successors in interest (collectively the “Site”) and all courses, materials and/or products accessible through the Site (“Site Services”). The Site and the Site Services shall collectively be referred to herein as the “Services”.
By using the Services, you signify your agreement with this Terms of Service and are entering into a legally binding agreement with See Jane Train. If you do not accept this Terms of Service, now or in the future, please stop your use of the Services immediately, in which case any continuing access and/or use of our Services is unauthorized.
ARBITRATION NOTICE: EXCEPT FOR CERTAIN TYPES OF DISPUTES DESCRIBED IN THE ARBITRATION CLAUSE BELOW, YOU AGREE THAT DISPUTES BETWEEN YOU AND SEE JANE TRAIN WILL BE RESOLVED BY MANDATORY BINDING ARBITRATION AND YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT AND/OR CLASS-WIDE ARBITRATION.
- CHANGES TO TERMS
Subject to the conditions set forth herein, See Jane Train may, at any time, in its sole discretion, make changes to (i) the Site, including its look, feel, format and content, as well as (ii) the Services as described on the Site. Any revisions to this Terms of Service will take effect when posted on the Site unless otherwise stated. In the event a revised version includes substantial changes, See Jane Train will provide additional forms of notification as it deems necessary in its sole discretion. See Jane Train may make such changes to the terms and conditions contained herein and your continued use of the Site following such changes will constitute your acceptance of such changes. See Jane Train will provide a notice of such changes by posting the updated Terms of Service on the Site and changing the “last updated” date listed above.
- SCOPE OF USE
Eligibility and Behavior. To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into the Terms of Service. Additionally, you are expected at all times to behave within the parameters set forth by your certifying agencies including but not limited to ethical standards.
Use of Services and Availability. See Jane Train retains the right, in its sole and absolute discretion, to deny service and/or access to and/or use of the Services and/or an account to anyone at any time and for any reason. While we use reasonable efforts to keep the Services accessible, the Services may be unavailable from time to time. You understand and agree that there may be interruptions to the Service and/or access to your account due to circumstances both within See Jane Train’s control (e.g., routine maintenance) and outside of See Jane Train’s control. You acknowledge and agree that the use of the Services is at your own risk, including without limitation the risk that you might be exposed to content that is offensive, indecent, inaccurate, and/or objectionable. The Services may be modified, updated, suspended and/or discontinued at any time without notice and/or liability.
Creating an Account. If you create an account on our Site, you may only create and hold one account that you are solely responsible for managing. Your account is non-transferrable and may not be sold, combined or otherwise shared with any other person. If you violate any of these limitations we may terminate your account. If we terminate your account, you may not subscribe under a new account unless we formally invite you. If you commit fraud or falsify information in connection with your use of the Site or in connection with your See Jane Train account, your account will be terminated immediately and we reserve the right to hold you liable for any and all damages that we suffer, to pursue legal action through relevant local and national law enforcement authorities and to notify your Internet Service Provider of any fraudulent activity we associate with you or your use of the Services.
Materials and Recordings. See Jane Train may provide materials to you including but not limited to: all information related to See Jane Train to which you have access, whether in oral, written, graphic or machine-readable form, in the course of or in connection with your use of the Services, including but not limited to notes, recordings, chats, analyses, phone-calls, studies, videos, books, tests, and other aids, procedures, techniques, operating methods, know-how, processes, formulas, source and object codes, data, improvements, plans, and/or marketing information and any other information which could reasonably be expected to benefit competitors of See Jane Train (collectively, “Pre-Existing Materials”). You understand that the Pre-Existing Materials that you receive are confidential and proprietary to See Jane Train, and shall not be sold, loaned, rented, given away, distributed, advertised for sale on the ‘Internet’ and/or through any other medium, and/or exploited in any manner. Upon purchase, the Pre-Existing Materials provided to you are for your sole use and are not to be shared with others. You further agree that you will not copy or cause to be copied and/or reproduce in any manner, electronic and/or otherwise, any of the Pre-Existing Materials, any notes based on the See Jane Train Pre-Existing Materials and/or any notes based on the courses you take. The commercial use, reproduction, transmission or distribution of any Pre-Existing Materials available through the Service without the prior written consent of See Jane Train is strictly prohibited. You agree that you will not tape-record, video-record, transmit, photograph, and/or otherwise reproduce the course and/or any and all courses that you get access to through the Service. Breach of this Section may result in irreparable and continuing damage to See Jane Train for which monetary damages may not be sufficient, and you agree that See Jane Train will be entitled to seek, in addition to its other rights and remedies hereunder or at law, injunctive or all other equitable relief as may be proper from a court of competent jurisdiction.
Communications from See Jane Train. By using the Services, you agree to receive certain communications in connection with the Service. For example, you might receive comments, promotions, events and/ or features. When you access and/or use the Services, you are communicating with us electronically, and you consent to receive communications from us electronically including but not limited to notices related to the Services provided to you via email. You agree that all agreements, notices, disclosures and/or other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your consent to receive records and notices electronically will remain in effect until you withdraw it. You may withdraw your consent to receive further records and notices electronically at any time by contacting us. If you withdraw your consent to receive such records and notices electronically, we will revoke your access to the Services. Any withdrawal of your consent to receive records and notices electronically will be effective only after we have a reasonable period of time to process your request for withdrawal.
Your Responsibilities. See Jane Train grants you the rights set forth herein, subject to the following conditions: (a) You shall not modify, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Services; (b) You agree not to submit or transmit any emails or materials through the Service that contain a virus, worm, Trojan horse or any other harmful component; (c) You shall not copy or imitate part or all of the design, layout, or look-and-feel of the Service or individual sections of it, in any form or media; (d) You are responsible for the accuracy and quality of the data and content that you submit; (e) You shall not submit content that is offensive, including without limitation, bigotry, racism, discrimination, hatred, and/or profanity; (f) You agree not to intentionally hold See Jane Train and/or their employees and/or directors up to public scorn, ridicule and/or defamation; (g) You will not promote and/or provide information about illegal activities and/or physical harm and/or injury to any group, individual, institution and/or property; (h) You will use commercially reasonable efforts to prevent unauthorized access to and/or use of the services and content provided on the Site, and to notify See Jane Train promptly of any such unauthorized access and/or use; and (i) You agree to act in accordance with all applicable laws and shall not use the Service for any unlawful purpose and/or to violate any federal, state, international law, code of conduct and/or other guidelines which may be applicable to the Services.
General. In consideration for See Jane Train’s provision of the Services, you agree to pay See Jane Train the fees set forth in each course and/or membership that you enroll in through the Services. Please note that See Jane Train must receive full payment in order for you to have access the Services. You are responsible for all fees, including without limitation taxes, associated with your use of the Services. You shall pay all fees due hereunder by providing a valid credit card and all fees shall be payable in U.S. dollars within the United States. By agreeing to this Terms of Service, you hereby give See Jane Train permission to charge the credit card, bank account, or other approved method of payment associated with your account for fees associated with use of the Services. All fees due and payable by Client to See Jane Train under this Agreement must be paid in full without any deduction, set-off, counterclaim or withholding of any kind unless required by law.
Membership Fees. In consideration of the provision of the membership subscription described through the Service, you agree to pay See Jane Train the fees (including without limitation membership/subscription fees for the membership option that you select during your sign up process) in accordance with the terms and conditions contained herein. On the anniversary of each month after your initial enrollment, you will be automatically charged the monthly membership subscription fee for the Services. Such monthly fees are non-refundable, notwithstanding your cancellation of the membership in the Service. Notwithstanding anything herein to the contrary, membership fees and charges are subject to change by See Jane Train at any time upon thirty (30) days prior notice to you.
Stripe. See Jane Train uses a third party service provider, Stripe, Inc. (“Stripe”) and the Stripe API, to execute online payment transactions related to your See Jane Train account. By using See Jane Train and agreeing to this Terms of Service, you also agree to be bound by Stripe’s terms of service. Any authorization you provide to make automatic payments using the Service will remain in effect until cancelled. You are responsible for all transactions (one-time, recurring, and refunds) processed through the Service and/or Stripe.
No Refunds. All fees are nonrefundable and are not subject to set-off unless otherwise agreed to by See Jane Train in its sole and absolute discretion. You acknowledge and agree that we will charge your designated payment method for fees upon your initial account set-up and service selection. Therefore, and in consideration of the Services provided by See Jane Train, you agree that once Stripe charges your designated payment method for the fees as provided in this Terms of Service and on the Site, the charge is non-refundable, except as otherwise required by applicable law. To the extent permitted by applicable law, you agree not to ask your credit card company or bank to charge back any fees charged pursuant to this Terms of Service.
- ERRORS, INACCURACIES, OMISSIONS AND PERFORMANCE
Occasionally there may be information on the Services that contain typographical errors, inaccuracies, and/or omissions that may relate to service and/or course descriptions, pricing, offers, Pre-Existing Materials and availability. We reserve the right to: (i) revoke any stated offer; (ii) correct any errors, inaccuracies, and/or omission; and/or (iii) make changes to prices, content, promotion offers, service and/or product descriptions and/or other information without obligation to issue any notice of such changes, except as prohibited by law. The Services will include resources, virtual products and the fundamental business concepts to help you improve your service to clients. However, you acknowledge that while the Service will be comprehensive, completion of a course and use of the Service does not guarantee that you will know every aspect of your training business. You further acknowledge and agree that See Jane Train makes no guarantee, express or implied, regarding the Pre-Existing Materials, courses and/or any improvement in your business, skills and/or income.
- PROPRIETARY RIGHTS AND LICENSES
Ownership. The Services, any content on the Services and the infrastructure used to provide the Services are proprietary to See Jane Train, our affiliates, and other content providers. By using the Services and accepting this Terms of Service: (a) See Jane Train grants you a limited, personal, nontransferable, nonexclusive, revocable right to access and use the Services pursuant to this Terms of Service and to any additional terms and policies set forth by See Jane Train; and (b) you agree not to reproduce, distribute, create derivative works from, publicly display, publicly perform, license, sell and/or re-sell any content, Pre-Existing Materials, software, products and/or services obtained from and/or through the Services without the express written permission of See Jane Train.
Reservation of Rights. The content, headers, videos, illustrations, photographs, graphics, icons, trade dress and/or other information on the Service (“Content”), as well as the organization and/or layout of the Service, are copyrighted and are protected by United States and international copyright laws and treaty provisions. See Jane Train owns, controls, lawfully uses and/or licenses the Content on the Service. See Jane Train’s name and logo may not be copied, imitated and/or used, without See Jane Train’s prior written permission. Subject to the limited rights expressly granted hereunder, See Jane Train and/or its third party providers reserve all right, title and interest in and to the Services and Content, including all related worldwide intellectual property rights. No rights are granted to you hereunder other than as expressly set forth herein.
Posted Content. Please carefully choose the information that you post on, through and/or in connection with the Service and that you provide to other users. Notwithstanding anything herein to the contrary, See Jane Train should not be seen as endorsing any comments you post on blogs and other parts of the Site in any way. You acknowledge and agree that you have no expectation of privacy with regard to any comments, reviews, opinions, ratings, posts and/or messages (“User Content”) you make through the Service. Although See Jane Train reserves the right to review all User Content that appears on the Service and to remove any User Content that violates this Terms of Service, we do not necessarily review all of it. We cannot and do not take responsibility for any User Content that others provide through the Services. If you become aware of misuse of the Service by any person, please contact us. See Jane Train may reject, refuse to post and/or delete User Content, in its sole and absolute discretion. Notwithstanding anything herein to the contrary, See Jane Train is not obligated to take any action not required by law.
Feedback. If you provide us (in a direct mail, email and/or otherwise) with any feedback, suggestions, improvements, enhancements, recommendations and/or feature requests relating to the Services (“Feedback”), then you further grant to See Jane Train a worldwide, perpetual, irrevocable, royalty-free license to use and incorporate any such Feedback. See Jane Train has no obligations to review any Feedback and may use and redistribute Feedback for any purpose without restriction in its sole and absolute discretion.
- PROHIBITED CONDUCT
Gathering email addresses from See Jane Train, harvesting and/or posting and/or transmitting unauthorized and/or unsolicited advertising, promotional materials, and/or any other forms of solicitation to other users is prohibited. We also prohibit crawling, scraping, caching and/or otherwise accessing any content on the Services via automated means (except as may be the result of standard search engine protocols and/or technologies used with See Jane Train’s express written consent). You may not use the Service in any manner that could damage, disable, overburden, and/or impair the Service and/or interfere with any other party’s use and/or enjoyment of the Service. You may not obtain and/or attempt to obtain any materials and/or information through any means not intentionally made available and/or provided for through the Services. You shall not interfere with the proper workings of the Services, including without limitation by placing an unreasonable load on the Service’s infrastructure.
If you violate this Terms of Service and/or if we have grounds to suspect that you violated this Terms of Service and/or other use parameters included on the Service, we may suspend and/or terminate your account and/or refuse access to and/or use of the Service (or any portion thereof). See Jane Train also reserves the right, in its sole and absolute discretion, to terminate your access to the Service or any portion thereof at any time, without cause and/or without notice. In the event you fail to pay for the access granted (if applicable), and/or share the access granted with any person or entity, and/or misuse the system by any means actionable under a federal, state, and/or local statute, code, regulation, law, and/or civil action, See Jane Train will consider your access as having been acquired by fraud and/or misrepresentation and will terminate your access immediately. In such event, See Jane Train retains the right to seek civil and/or criminal redress, the entire cost of which shall be borne solely by you.
- INDEMNIFICATION AND WAIVER
You shall indemnify, defend and hold harmless See Jane Train, its officers, agents, employees, contractors, subcontractors, suppliers and representatives from and against any and all claims, demands, proceedings, losses, costs, damages, awards, fees, expenses, or liabilities of any nature (“Claim”) arising out of or in relation to (i) use of User Content in the event of an infringement, violation, trespass, contravention or breach in the United States of any third party, or constitutes the unauthorized use or misappropriation of any trade secret of any third party, (ii) any breach of this Terms of Service by you, your officers, agents, employees, contractors and/or representatives, (iii) your use of See Jane Train’s Services and Pre-Existing Materials; and/or (iv) fraud you commit and/or your intentional misconduct and/or negligence. You shall give prompt notice to See Jane Train upon your receipt of notice of any Claim against you which might give rise to a claim against See Jane Train.
You acknowledge and agree that by accessing or using the Service, you may be exposed to materials (including shared group content) from others that you may consider offensive, indecent or otherwise objectionable, and agree to accept that risk.
- DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
THE SERVICE, ANY CONTENT, AND/OR PRE-EXISTING MATERIALS ARE PROVIDED BY SEE JANE TRAIN TO YOU ON AN “AS IS,” “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND WHETHER EXPRESS, STATUTORY OR IMPLIED, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, SYSTEMS INTEGRATION, ACCURACY, AND FROM COURSE OF DEALING, USAGE OR TRADE PRACTICE, ALL OF WHICH SEE JANE TRAIN EXPRESSLY DISCLAIMS. WITHOUT LIMITING THE FOREGOING, SEE JANE TRAIN AND/OR ITS LICENSORS MAKE NO WARRANTY THAT (A) THE SERVICE, CONTENT OR PRE-EXISTING MATERIALS WILL MEET YOUR REQUIREMENTS OR WILL BE CONSTANTLY AVAILABLE, UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; (B) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, CONTENT, OR PRE-EXISTING MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE; AND/OR (C) SEE JANE TRAIN WILL NOT BE LIABLE OR OTHERWISE RESPONSIBLE FOR ANY FAILURE OR DELAY IN UPDATING THE SERVICE AND/OR ANY CONTENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM SEE JANE TRAIN OR THROUGH OR FROM USE OF THEIR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
- LIMITATION OF LIABILITY
YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. IN NO EVENT SHALL SEE JANE TRAIN, ITS OFFICERS, DIRECTORS, EMPLOYEES, PARTNERS, LICENSORS, OR SUPPLIERS BE LIABLE TO YOU OR ANYONE ELSE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT FORESEEABLE, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENE), WARRANTY, STRICT LIABILITY, OR ANY OTHER LEGAL OR EQUITABLE THEORY, EVEN IF SEE JANE TRAIN HAS BEEN ADVISED OF THE POSSIBIITY OF SUCH DAMAGES IN ADVANCE. THE FOREGOING SHALL APPLY DESPITE ANY NEGLIGENCE, MISCONDUCT, ERRORS AND/OR OMISSIONS BY SEE JANE TRAIN ITS EMPLOYEES, REPRESENTATIVES AND/OR AGENTS. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, SEE JANE TRAIN’S LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
SEE JANE TRAIN’S MAXIMUM AGGREGATE LIABILITY TO YOU FOR DIRECT DAMAGES THAT YOU SUFFER IN CONNECTION WITH THE SERVICES IS LIMITED TO THE FEES, IF ANY, PAID BY YOU TO SEE JANE TRAIN FOR THE AFFECTED SERVICE IN THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE OF THE CLAIM.
- THIRD PARTY SITES
You may not link to this Service without our written permission. If you are interested in linking to this Service, please contact firstname.lastname@example.org.
- SEPARATE AGREEMENTS
You may have other agreements with See Jane Train. Such agreements are separate and in addition to this Terms of Service. The Terms of Service do not modify, revise or amend the terms of any other agreements you may have with See Jane Train.
- NO PROFESSIONAL ADVICE
The information available on the Service is intended to be a general information resource regarding the matters covered, and is not tailored to your specific circumstance. See Jane Train does not, will not and cannot refer, recommend and/or endorse any specific professional service, product and/or procedures that are advertised on the Services. YOU SHOULD EVALUATE ALL INFORMATION, OPINIONS AND ADVICE AVAILABLE ON THIS SITE IN CONSULTATION WITH YOUR INSURANCE SPECIALIST, OR WITH YOUR LEGAL, TAX, FINANCIAL OR OTHER ADVISOR, AS APPROPRIATE.
- DMCA COPYRIGHT POLICY AND COPYRIGHT AGENT
See Jane Train respects the intellectual property rights of others and expects you to do the same. We reserve the right to terminate your account or any other user who infringes third-party copyrights. We will respond to clear notices of copyright infringement when you provide the following:
(i) A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(ii) Identification of the copyrighted work claimed to have been infringed.
(iii) 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.
(iv) Information sufficient to permit See Jane Train to contact you, such as your physical address, telephone number, and, if available, an electronic mail address;
(v) A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
(vi) 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 an exclusive right that is allegedly infringed.
Contact information for See Jane Train’s DMCA Agent for notice of claims of copyright infringement is: See Jane Train, Inc. Attn: Copyright Agent, 129 Cambridge Court, Frankfort, Illinois 60423, email@example.com. The Copyright Agent should be contacted only if you believe that your work has been used or copied in a way that constitutes copyright infringement and that such infringement is occurring on the Site or on sites linked to or from the Site. All other inquiries directed to the Copyright Agent will not be responded to.
- Information Collection RESOLUTION OF DISPUTES
Disputes. We want to address your concerns without needing formal legal case. Before filing a claim against See Jane Train, you agree to try to resolve the dispute informally by contacting us at firstname.lastname@example.org. We will try to resolve the dispute by contacting you via email, but if we cannot resolve the dispute within thirty (30) days of submission, you and/or See Jane Train agree to resolve any claims related to this Terms of Service through final and binding arbitration, except as forth under ‘Exceptions to Agreement to Arbitrate’ section below and/or you opt out as described below.
Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting See Jane Train within thirty (30) day of the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Service). You must write us at See Jane Train, LLC, Attn: Opt-Out Arbitration, 129 Cambridge Court, Frankfort, Illinois 60423. If you opt out, neither you nor See Jane Train can require the other to participate in an arbitration proceeding.
Arbitration Procedures. Except in the event the claim meets the requirements set forth in the ‘Exceptions to Agreement to Arbitrate’ section below and/or if you opt out of arbitration as described below, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in Cook County, Illinois USA or any other location we agree to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.
Exceptions to Agreement to Arbitrate. Either you and/or See Jane Train may assert claims, if they qualify, in small claims court in Cook County, Illinois. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use and/or abuse of the Services, breach of See Jane Train’s confidential information and/or intellectual property infringement (for example, trademark, trade secret, copyright and/or patent rights) without first engaging in arbitration and/or the informal dispute-resolution process described herein.
Judicial forum for disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and See Jane Train agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of Cook County, Illinois. Both you and See Jane Train consent to the foregoing venue and jurisdiction.
If any provision and/or term of this Terms of Service shall become and/or be declared illegal, invalid and/or unenforceable for any reason whatsoever, such term and/or provision shall be divisible from the other terms and conditions and shall be deemed to be deleted from them. This Terms of Service shall be governed in all respects by the laws of the State of Illinois, without reference to its choice of law rules. If an applicable law is in conflict with any part of this Terms of Service, this Terms of Service will be deemed modified to conform to the law and the other provisions will not be affected by any such modification. No waiver by either you and/or See Jane Train of any breach and/or default and/or failure to exercise any right allowed under this Terms of Service is a waiver of any preceding and/or subsequent breach and/or default and/or a waiver and/or forfeiture of any similar and/or future rights under this Terms of Service.
Contact us: If you would like to request additional information regarding this Terms of Service, please contact us at email@example.com.