Terms of Use & Privacy Policy

Please read these Terms carefully. By using this website, you agree to the following Terms and Privacy Policy which will result in a legal agreement between you and Campbell Media, LLC.

TERMS OF USE

General Provisions

This website, joannaharmonosky.com (the “Website”), is operated by Campbell Media, LLC (“Campbell Media, LLC” or “we”).

You must be at least sixteen years of age to use the Website. In any case, you hereby represent and warrant that you are sixteen years of age or older, as the Website is not intended for children under sixteen.

Use of the Website is at your own risk. We take reasonable efforts to maintain and host the Website, but we make no explicit representations or warranties as to the safety or your individual use of the Website.

We may change these Terms from time to time, at any time without notice to you by changing this page and updating the “last updated” date at the bottom of this page. Changes become effective immediately, and you waive specific notice of any changes to these Terms by continuing to use and access the Website. You are deemed to have accepted any changes to these Terms by your continued use of this Website after the revised policy is posted.

Intellectual Property Notice

All intellectual property contained on the Website, including but not limited to images, text, graphics, trademarks and service marks, is property of or licensed to Campbell Media, LLC. Campbell Media, LLC does not allow you to use any of our intellectual property in whole or in part without express permission. You may access and view Campbell Media, LLC’s intellectual property on the Website on your internet-compatible device and make single copies or printouts of the content on the Website for your personal use only. The Website is only for your personal, non-commercial use.

Violation of our intellectual property rights will be prosecuted to the fullest extent permissible, including seeking monetary damages and injunctive relief that will force you to stop using our intellectual property immediately.

Any posts, images, documents, emails, or other communications made to us in any way is subject to viewing and distribution by and to third parties. By submitting or sending such communications to us, you: represent and warrant that (A) the communications are original to you, that no other party has any rights thereto, and that any “moral rights” in the communications have been waived, and (B) that the communications, and their use, do not and will not violate the law or violate or infringe the rights of any entity or person.

By submitting or sending such communications to us, you grant us and our affiliates a royalty-free, unrestricted, worldwide, perpetual, irrevocable, non-exclusive and fully transferable, assignable and sub-licensable right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such material (in whole or part) and/or to incorporate it in other works in any form, media, or technology now known or later developed. We may delete or destroy any such communications you send us at any time. You agree not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent or otherwise harmful or inappropriate.

Disclaimers

The Website and related materials are provided for informational use only. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using the Website or related materials. TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU ASSUME FULL RESPONSIBILITY FOR ANY LOSS THAT RESULTS FROM YOUR USE OF THE WEBSITE, INCLUDING ANY DOWNLOADS FROM THE WEBSITE. WE SHALL NOT BE LIABLE FOR ANY INDIRECT, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES UNDER ANY CIRCUMSTANCES, EVEN IF THEY’RE BASED ON NEGLIGENCE OR WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES.

We do not guarantee that all materials and information contained on the Website are accurate. You expressly acknowledge and understand that any information or knowledge you gain as a result of using the Website is used at your own risk.

THE SERVICES AND CONTENT ARE PROVIDED “AS IS”, “AS AVAILABLE” AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, AND ANY WARRANTIES IMPLIED BY ANY COURSE OF PERFORMANCE OR USAGE OF TRADE, ALL OF WHICH ARE EXPRESSLY DISCLAIMED. CAMPBELL MEDIA, LLC, AND OUR DIRECTORS, EMPLOYEES, AND AGENTS DO NOT WARRANT THAT: (I) THE SERVICES WILL BE SECURE OR AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (II) ANY DEFECTS OR ERRORS WILL BE CORRECTED; (III) ANY CONTENT OR SOFTWARE AVAILABLE AT OR THROUGH THE SERVICES IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; OR (IV) THE RESULTS OF USING THE SERVICES WILL MEET YOUR REQUIREMENTS. YOUR USE OF THE SERVICES IS SOLELY AT YOUR OWN RISK. PLEASE NOTE THAT SOME JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Indemnity

You shall defend, indemnify, and hold harmless Campbell Media, LLC and our employees, agents, contractors, officers, members, and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Website, or otherwise from communications sent to or from us, violation of these Terms, or infringement by you of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Affiliates and Linked Sites

The Website may use affiliate links to sell certain products or services. We may make money based on these affiliate links. We disclaim any and all liability as a result of your purchase through these links. By clicking on the affiliate links contained on the Website or related communications, you accept liability for any and all consequences or benefits.

You acknowledge and agree that we have no responsibility for the information, content, products, services, advertising, code or other materials which may or may not be provided by or through ANY hyperlinks. Hyperlinking does not constitute an endorsement or sponsorship by us of such web sites or information, content, products, services, advertising, code or other materials presented on or through such sites.

Compliance with Laws

You represent and warrant that your use of the Website will comply with all applicable laws and regulations.

Termination

It is within our sole discretion to revoke any user’s access of the Website at any time without notice and block your IP address from further visits to the Website.

If we determine you have violated these Terms at any time, we shall immediately terminate your use of the Website and any related communications as we deem appropriate.

Entire Agreement

These Terms constitute the entire agreement between users of the Website and Campbell Media, LLC relating to the use of the Website.

Severability

If any part of these Terms or Privacy Policy is deemed unenforceable, all other provisions will remain in full force and effect.

Law and Jurisdiction

We control the Website from the United States of America. We do not represent the Website is appropriate or available in all locations.

These Terms and Privacy Policy are governed by and construed in accordance with the laws of the State of New Jersey, without regard to its conflict of law principles.

Any dispute arising out of or related to the information contained herein is subject to jurisdiction of the State of New Jersey, except as amended below.

Binding Arbitration

All disputes that arise from your use of the Website or these Terms, and except for claims related to the intellectual property contained on the Website, shall be resolved by binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules if the dispute cannot be settled through direct discussions. Judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof located in the State of New Jersey.

Claims shall be heard by a single arbitrator, unless the claim amount exceeds one million dollars, in which case the dispute shall be heard by a panel of three arbitrators. If the dispute is less than one million dollars there shall be no discovery other than the exchange of documents. The arbitration will be based on the submission of documents and there shall be no in-person or oral hearing. The arbitrator(s) will have no authority to award punitive, consequential, or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) may determine how the costs and expenses of the arbitration shall be allocated between the parties. The arbitrator(s) shall not award attorneys’ fees, unless the arbitrator(s) determine a claim is frivolous or improper. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.

All claims and disputes within the scope of these Terms must be arbitrated (or litigated) on an individual basis and not on a class basis or by private attorney general action and claims of more than one customer or user cannot be arbitrated (or litigated) jointly or consolidated with those of any other individual.

The arbitration shall take place in the State of New Jersey and shall be governed by the laws of the State of New Jersey, without regard to its conflict of law principles.

Consent

By using the Website, you hereby consent to these Terms.

If you require any more information or have any questions about these Terms or our Privacy Policy, please contact us by clicking here or writing us at Campbell Media, LLC, P.O. Box 6132, Lawrenceville, NJ 08648.

PRIVACY POLICY

We at Campbell Media, LLC care about your privacy. We use third-party software to host the Website and run our mailing lists. This third-party software may collect your information, use cookies or similar tracking technology, and/or share your information with us, advertisers, or other parties. We have no control over these third parties or their use of your information.

By using the Website and/or subscribing to our mailing list(s), you hereby grant us permission to collect, process, and transfer data to any third-party software including, without limitation, WordPress/Automattic Inc. and The Rocket Science Group LLC d/b/a MailChimp, for the purposes of using the Website or mailing list.

We highly recommend you review the policies referenced below.

Use of this Website, joannaharmonosky.com, is subject to the terms of Automattic Inc.’s policy on privacy, available at https://automattic.com/privacy/.

By subscribing to our mailing list, you agree to The Rocket Science Group LLC d/b/a MailChimp’s policy on privacy (available at https://mailchimp.com/legal/privacy/) and Terms of Use (available at https://mailchimp.com/legal/terms/).

We may change this policy from time to time, at any time without notice to you by changing this page and updating the “last updated” date at the bottom of this page. Changes become effective immediately, and you waive specific notice of any changes to the policy by continuing to use and access the Website. You are deemed to have accepted any changes to any revised policy by your continued use of this Website after the revised policy is posted.

LAST UPDATED: October 5, 2021