Terms & Conditions
By using this website, you agree to the following terms, conditions and privacy policy. Please read them carefully before using this website.
The following terms (“Terms of Use”) constitute an agreement between Level Up LLC, a North Carolina, professional limited liability company (“the Company”), and the user (“You”) that governs Your use of this website and all of its associated services, content and functionality. This policy applies to all websites administered by the Company, located at drjannewman.com (“Website”). The Company offers the following for purchase: treatment, assessment, professional consultation and supervision services, speaking and training services. Coaching services are offered through another company and website.
Your use of the Website constitutes Your acceptance of, and agreement to the following Terms of Use. the Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If You do not agree with or do not accept any part of these Terms of Use, You must not use the Website or purchase the Products.
You must be at least thirteen years of age to use our website. Use of this website is at your own risk. We host our site on a reputable platform and take reasonable efforts to maintain and host the site. However, we make no explicit representations or warranties as to the safety or your individual use of the website. The terms, conditions and privacy policy contained on this page is subject to change at any time.
Disclaimer
Our website and related materials is provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. If you have a medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.
This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at info@drjannewman.com
Your Responsibility
The Products were developed strictly for educational purposes. You understand and agree that You are fully responsible for Your use and results from the Products. the Company makes no representations, warranties or guarantees. You understand that results may vary from person to person. You understand that the Company is not responsible for Your results or any expenses that You may incur as a result of Your purchase. the Company assumes no responsibility for errors or omissions that may appear in the Products.
Purchase Policies – Coaching
All coaching services will be paid for through the Website and a representative will contact You within two business days to schedule your initial appointment.
No refunds will be made on coaching. Every effort will be made to accommodate changes in schedule. We require a 24-hour cancellation notice prior to the appointment. We will then contact You to reschedule.
Privacy
WHAT INFORMATION DO WE COLLECT AND HOW IS IT USED?
Information You Voluntarily Submit to the Website: We may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form. In addition, for certain purchases, we may ask you to create a user profile, which would allow you to create a username and password. We will store the username, but your password will not be visible in our records.
Information We Collect from Others: We may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
Automatically-Collected Information: We automatically collect certain information about you and the device with which you access the Website. For example, when you use the Website, we will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. We may also collect information about actions you take when using the Website, such as links clicked.
Cookies: We may log information using cookies, which are small data files stored on your browser by the Website. We may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.
HOW YOUR INFORMATION MAY BE USED
We may use the information collected in the following ways:
To operate and maintain the Website;
To create your account, identify you as a user of the Website, and customize the Website for your account;
To send you promotional information, such as newsletters unless you have opted out. Each email promotion will provide information on how to opt-out of future mailings;
To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
To respond to your comments or inquiries;
To provide you with user support;
To process payment for purchases you make through the Website; or,
To protect, investigate, and deter against unauthorized or illegal activity.
THIRD-PARTY USE OF PERSONAL INFORMATION
We may share your information with third parties when you explicitly authorize us to share your information.
Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:
Simple Practice – this service is used to serve our electronic health records program. The Company has signed a Business Associate Agreement with Simple Practice, but can make no guarantees on their services.
Stripe – this service is used to serve our credit card payments through Simple Practice. At no time is your banking information passed to the Website. We receive only information used to pay for your services.
Except when required by law, we will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, we may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
ANONYMOUS DATA
From time to time, we may use anonymous data, which does not identify you alone, or when combined with data from other parties. This type of anonymous data may be provided to other parties for marketing, advertising, or other uses. Examples of this anonymous data may include analytics or information collected from cookies.
COOKIES
The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends.
Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.
ADVERTISING
Affiliate Program Participation
The Website may engage in affiliate marketing, which is done by embedding tracking links into the Website. If you click on a link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions. We will disclose all affiliate links within the posts.
Newsletters
On the Website, you may subscribe to our newsletter, which may be used for advertising purposes. All newsletters sent may contain tracking pixels. The pixel is embedded in emails and allows an analysis of the success of online marketing campaigns. Because of these tracking pixels, we may see if and when you open an email and which links within the email you click. Also, this allows the Website to adapt the content of future newsletters to the interests of the user. This behavior will not be passed on to third parties.
RIGHTS RELATED TO YOUR PERSONAL INFORMATION
Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at info@drjannewman.com to be removed from our mailing list.
Access – You may access the personal information we have about you by submitting a request to jan@drjannewman.com.
Amend – You may contact us at jan@drjannewman.com to amend or update your personal information.
Forget – In certain situations, you may request that we erase or forget your personal data. To do so, please submit a request to jan@drjannewman.com
Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.
SENSITIVE PERSONAL INFORMATION
At no time should you submit sensitive personal information to the Website. This includes your social security number, information regarding race or ethnic origin, political opinions, religious beliefs, health information, criminal background, or trade union memberships. If you elect to submit such information to us, it will be subject to this Privacy Policy.
CHILDREN’S INFORMATION
The Website does not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that the Website has personally identifiable information of a child under the age of 16 in its database, please contact us immediately at info@drjannewman.com and we will use our best efforts to promptly remove such information from our records.
Restricted Areas
Access to certain areas of the Website may be restricted. the Company reserves the right to restrict areas of the Website at its sole discretion.
Some restricted areas of the Website may be made available to You as a registered user. When You are registered, You are required to create a user profile, which may include a username and password. You agree to keep Your username and password confidential. If You suspect your password has been compromised, You must notify the Company immediately at
info@drjannewman.com. The Company will not be liable for any loss caused by the unauthorized use of Your account; however, You may be liable to the Company or other third parties for any losses incurred due to such unauthorized use.
the Company may disable Your username and password at its sole discretion.
the Company reserves the right to modify methods for registration and access levels of registered users from time to time.
Confidentiality & Privacy For Participants in Group Coaching
The Company respects your privacy and insists you agree to respect the privacy of the Company and all other participants in group coaching programs (“Participants”). Any confidential information (“Confidential Information”) shared by Participants or any the Company representative is confidential, proprietary, and belongs solely and exclusively to the disclosing party. All Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, in the Facebook group that is open to participants in any coaching enrolled members of a Course, or otherwise. You agree not to use such Confidential Information in any manner other than in discussion with other Participants during the Course. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft. You agree not to violate the Company’s publicity or privacy rights. Furthermore, You will NOT reveal any information to a third party obtained in connection with this Agreement. Further, by purchasing this Course, You agree that if You violate or display any likelihood of violating this Agreement the Company and/or the other Participant(s) will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Ownership of Materials
All original materials provided by the Company as part of the products are owned by the Company. Any original materials are provided for Your individual use only. You are not authorized to use or transfer any of the Company’s intellectual property. All intellectual property remains the property of the Company. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. the Company will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.
Use of the Website
Unless otherwise stated, the Company owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for Your personal use, subject to the restrictions set out below and elsewhere in these
Terms of Use
The following uses are not permitted:
Republication of content from the Website, unless content is specifically and expressly made available for republication;
Sale, rental, or sub-license of any content from the Website;
Reproduction or duplication of any content on the Website for commercial purposes;
Modification of any content on this website, unless content is specifically and expressly made available for modification;
Redistribution of any content of the Website, unless content is specifically and expressly made available for redistribution.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of the Company’s intellectual property rights. Such use is a limited license to republish the content, with full credit to the Company.
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without the Company’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without the Company’s express written permission.
Intellectual Property
Certain of the names, logos, and other materials displayed in the Products constitute the Company’s intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (“the Company IP”). You are not authorized to use any the Company IP without the Company’s express consent. Ownership of the Company IP remains with the Company and You agree not to make any claims or assertions of any other party’s ownership of the Company IP.
Copyright
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by the Company or third parties and are protected by United States and international copyright laws.
Grant of Rights
You grant the Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content You contribute to the Website. This includes, but is not limited to, text, images, audio material, video material and audio-visual material. This license extends to all known and future media. You also grant the Company the right to sub-license these rights and the right to bring an action for infringement of these rights.
Equitable Relief
You acknowledge and agree that in the event of certain breaches of the Terms of Service, the Company may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, You agree that the Company shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.
Prohibited Content
Any content You contribute to the site, including, but not limited to text, images, audio material, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against You or the Company or a third party. the Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on the Company’s servers; or, (iii) hosted or published on the Website. the Company takes no responsibility and assumes no liability for any content posted by You or any third party.
Notwithstanding the Company’s rights under the Terms of Use, the Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
Communication – Electronic Notice
If You send the Company an email, register to use the Website or provide your email to the Company in any other way, You consent to receive communications from the Company electronically. You agree that all legal notices provided via electronic means from the Company satisfy any requirement for written notice.
Third Parties
The Website contains links to third-party websites that are not governed or controlled by the Company. You represent and warrant that You have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to Your use of the Website. the Company assumes no control or liability over the content of any third-party sites. You expressly hold harmless the Company from any and all liability related to Your use of a third-party website.
Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, You must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, You expressly hold the Company harmless from any and all liability in any dispute.
No Warranties
The Website and any products are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. the Company makes no representations or warranties in relation to the Website, the products, or the information and materials provided therein.
the Company makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. the Company is not responsible to you for the loss of any content or material uploaded or transmitted through the Website.
Limitation of Liability
THE COMPANY WILL NOT BE LIABLE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Indemnity
You agree to defend, indemnify and hold the Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which the Company suffers as a result of third-party claims based on: (i) Your negligence or intentional misconduct, (ii) Your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by You including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, Your obligations hereunder.
Miscellaneous
The Terms of Use will be governed and construed in accordance with the laws of the State of North Carolina. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Charlotte, NC. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable. The Terms of Use may not be assigned by you without the Company’s prior written consent, however, the Terms of Use may be assigned by the Company in its sole discretion. The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by the Company. The Terms of Use may not be altered or modified except by prior written agreement by the parties. All notices with respect to the Terms of Use must be in writing and may be via email to jan@drjannewman.com for the Company and to your email address.
Last Updated 8-31-22