Terms and Conditions
INTELLECTUAL PROPERTY RIGHTS
By posting or submitting any material (including, without limitation, comments, blog entries, photos and videos) to JEM via the Sites, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older. In addition, when you submit or post any material, you are granting JEM, and anyone authorized by it, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, and create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant shall include the right to exploit any proprietary rights in such posting or submission, including, but not limited to, rights under copyright, trademark, service mark, or patent laws under any relevant jurisdiction. Also, in connection with the exercise of such rights, you grant JEM, and anyone authorized by it, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as it deems appropriate.
You acknowledge and agree that any contributions originally created by you for JEM shall be deemed a “work made for hire” when the work performed is within the scope of the definition of a work made for hire in Section 101 of the United States Copyright Law, as amended. As such, the copyrights in those works shall belong to JEM from their creation. Thus, JEM shall be deemed the author and exclusive owner thereof and shall have the right to exploit any or all of the results and proceeds in any and all media, now known or hereafter devised, throughout the universe, in perpetuity, in all languages, as JEM determines. In the event that any of the results and proceeds of your submissions hereunder are not deemed a “work made for hire” under Section 101 of the Copyright Act, as amended, you hereby, without additional compensation, irrevocably assign, convey and transfer to JEM all proprietary rights, including without limitation, all copyrights and trademarks throughout the universe, in perpetuity in every medium, whether now known or hereafter devised, to such material and any and all right, title and interest in and to all such proprietary rights in every medium, whether now known or hereafter devised, throughout the universe, in perpetuity. Any posted material which are reproductions of prior works by you shall be co-owned by JEM.
You acknowledge that JEM has the right but not the obligation to use and display any postings or contributions of any kind and that JEM may elect to cease the use and display of any such materials (or any portion thereof), at any time for any reason whatsoever.
The Digital Millennium Copyright Act
The Digital Millennium Copyright Act of 1996 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the Canada copyright law. If you believe in good faith that materials hosted by JEM infringe your copyright, you, or your agent may send to JEM a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon JEM actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to JEM a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; Notice of claims of copyright infringement or counter notices may be sent to [email protected]
LINKS TO THE SITES
You may establish a hypertext link to the Sites so long as the link does not state or imply any sponsorship of your website by JEM or by the Sites. However, you may not, without JEM’s prior written permission, frame or inline link any of the content of the Sites, or incorporate into another website or other service any of JEM’s material, content or intellectual property.
Throughout the Sites, JEM may provide links and pointers to websites maintained by third parties. JEM’s linking to such third-party websites does not imply an endorsement or sponsorship of such websites, or the information, products or services offered on or through the websites. In addition, neither JEM nor affiliates operate or control in any respect any information, products or services that third parties may provide on or through the Sites or on websites linked to by JEM on the Sites.
All information provided through the Sites, whether presented in a blog or other medium, is for informational purposes only and designed for your general education when using the Sites. It is not, nor is it intended to be, professional medical, mental health or coaching advice, or a substitute for the same. Engagement with the materials on the Sites does not create a coach-client relationship. You should always seek the advice of your physician, mental health provider or other qualified health provider with any questions you may have regarding a medical or mental health condition. You should never disregard professional medical or mental health advice, or delay seeking it, because of something you or any other user has read on the Sites.
Self-help information and information from the internet is useful, but it is not a substitute for professional advice. You should always seek the advice of your physician or mental health professional before taking any action in response to any information on the Sites. Any action on your part in response to the information provided in the Sites is at your own risk. You should consult your own physician or care provider concerning the information on the Sites.
IF YOU ARE IN NEED OF HELP, OR ARE EXPERIENCING A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 OR CONTACT A PHYSICIAN OR MENTAL HEALTH PROFESSIONAL. If you believe you have any other physical or mental health problem, or if you have any questions regarding your physical or mental health or a medical condition, you should promptly consult your physician or mental health professional or other healthcare provider.
LIMITATION OF LIABILITY
In no event shall JEM, its contributors, authors or advisors be liable for any damages (including, without limitation, incidental and consequential damages, personal injury/wrongful death, lost profits or damages resulting from lost data or business interruption) resulting from the use of or inability to use JEM’s Sites, its content, or the use of any product, information, idea, service or instruction contained in the information provided on the Sites, whether based on warranty, contract, tort or any other legal theory, and whether or not JEM its contributors, authors, advisors, members and affiliate organizations are advised of the possibility of such damages.
Last Updated: May 8, 2020