2. LORRAINE CONSULTING, LLC’S RIGHTS
This web site is owned and operated by Lorraine Consulting, LLC doing business as Dr. Liz Consulting. We can be reached at:
Dr. Liz Consulting
P.O. Box 5158
Somerset, NJ 08875
Phone: (732) 873-1021
3. YOUR OBLIGATIONS AND RESPONSIBILITIES
In order to use this web site, you must be at least 13 years of age. In addition, if you are between the ages of 13 and 18, your parents or legal guardians must provide their written consent to your use of this website in a letter or e-mail to the address provided in Section 3 above before you use this web site.
As a user of this web site, you bear full responsibility for any information and material that you provide to us. Lorraine Consulting, LLC does not control messages, posts or other information that you or other users provide in connection with this web site.
4. YOUR CONDUCT
You agree that all information or data of any kind, whether text, software, code, music or sound, photographs or graphics, video or other materials (“content”), made available publicly or privately, will be under the sole responsibility of the person providing the said content to us. You agree that this web site may expose you to content that may be objectionable or offensive. Lorraine Consulting, LLC will not be responsible to you in any way for such user provided content displayed on this web site, nor for any error or omission.
By using this web site or any service provided, you explicitly agree that:
(a) you will not provide any content or conduct yourself in any way that is or may be construed as being: unlawful; illegal; threatening; harmful; abusive; harassing; stalking; tortious; defamatory; libelous; vulgar; obscene; offensive; objectionable; pornographic; designed to interfere with or disrupt the operation of this web site or any service provided; infected with a virus or other destructive or deleterious programming routine; giving rise to civil or criminal liability; or in violation of an applicable local, national or international law;
(b) you will not impersonate or misrepresent your association with any person or entity; you will not forge or otherwise seek to conceal or misrepresent the origin of any content provided by you;
(c) you will not collect or harvest any information about other users;
(d) you will not provide, and you will not use this web site to provide, any content or service in any commercial manner, or in any manner that would involve junk mail, spam, chain letters, pyramid schemes, or any other form of unauthorized advertising or commerce; you will not use this web site to promote or operate any service or content without Lorraine Consulting, LLC’s prior written consent;
(e) you will not provide any content that may give rise to Lorraine Consulting, LLC being held civilly or criminally liable, or that may be considered a violation of any local, national or international law, including — but not limited to — laws relating to copyrights, trademarks, patents, or trade secrets.
5. SUBMISSION OF CONTENT
By providing any content to this web site:
(a) you agree to grant Lorraine Consulting, LLC a worldwide, royalty-free, perpetual, non-exclusive right and license (including any moral rights or other necessary rights) to use, display, reproduce, modify, adapt, publish, distribute, perform, promote, archive, translate, and to create derivative works and compilations, in whole or in part. Such license will apply with respect to any form, media, technology already known at the time of provision or developed subsequently;
(b) you warrant and represent that you have all legal, moral, and other rights that may be necessary to provide the content to this web site, and to grant Lorraine Consulting, LLC the license specified in this section, and that such content does not infringe upon the rights of others (including their intellectual property rights);
(c) you acknowledge and agree that Lorraine Consulting, LLC will have the right (but not obligation), at Lorraine Consulting, LLC’s entire discretion, to edit, or to refuse to publish, or to remove, or to block access to any content you provide, at any time and for any reason, with or without notice, and with no obligation to maintain such content or to return it to you.
All users of this web site are hereby cautioned to be careful in connection with any publicly-visible content submitted to this web site. Users should not provide any publicly-visible content that the users would not otherwise want published to the world. Users are cautioned against posting any personal information, such as home addresses, telephone numbers, social security numbers, credit card numbers, or any other information that would present any personal or professional risk.
6. THIRD-PARTY GOODS AND SERVICES
Goods and services of third-parties may be advertised and/or may be made available on or through this web site. Representations made regarding products and services provided by third-parties will be governed by the policies and representations made by those third-parties. Lorraine Consulting, LLC will not in any manner be liable for or responsible for any of your dealings or interaction with third-parties. You need to make your own independent decisions regarding your interactions or communications with any other web site.
8. DISCLAIMER OF WARRANTIES
ALL INFORMATION, CONTENT, PRODUCT AND/OR SERVICE(S) PROVIDED TO YOU ON AND THROUGH THIS WEB SITE (THE “SERVICES”) ARE PROVIDED ON AN “AS IS” BASIS. YOU UNDERSTAND AND AGREE THAT YOUR USE OF THIS WEB SITE AND OF THE SERVICES IS AT YOUR OWN RISK. LORRAINE CONSULTING, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER IMPLIED OR EXPRESS, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
LORRAINE CONSULTING, LLC MAKES NO WARRANTY, EITHER IMPLIED OR EXPRESS, AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) ANY PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR SERVICES, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR SERVICES, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD-PARTY, AND/OR (V) ANY ERRORS OR OMISSIONS IN ANY CONTENT OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SERVICES. YOU UNDERSTAND AND AGREE THAT NEITHER LORRAINE CONSULTING, LLC NOR ANY PARTICIPANT IN THE SERVICES PROVIDE PROFESSIONAL OR MEDICAL ADVICE OF ANY KIND AND THAT ANY ADVICE OR ANY OTHER INFORMATION OBTAINED VIA THIS WEB SITE IS TO BE USED SOLELY AT YOUR OWN RISK, AND THAT LORRAINE CONSULTING, LLC WILL NOT BE HELD LIABLE IN ANY WAY FOR SUCH ADVICE OR INFORMATION.
LORRAINE CONSULTING, LLC DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD-PARTY THROUGH THE SERVICES OR ANY HYPERLINKED SERVICES OR SERVICES FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND LORRAINE CONSULTING, LLC WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES. AS WITH THE PURCHASE OF A PRODUCT OR SERVICE THROUGH ANY MEDIUM OR IN ANY ENVIRONMENT, YOU SHOULD USE YOUR BEST JUDGMENT AND EXERCISE CAUTION WHERE APPROPRIATE.
Some jurisdictions may not allow disclaimers of implied warranties, and certain statements in the above disclaimer may not apply to you as regards implied warranties; the other terms and conditions remain enforceable notwithstanding.
9. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT LORRAINE CONSULTING, LLC WILL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES. THIS INCLUDES, BUT IS NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF THE WEB SITE EDITOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM (I) ANY ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) THE USE OF THE SERVICES OR THE INABILITY TO USE THE SERVICES, (III) THE COST OF OBTAINING SUBSTITUTE GOODS AND/OR SERVICES RESULTING FROM ANY TRANSACTION ENTERED INTO ON OR THROUGH THE SERVICES, (IV) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA TRANSMISSIONS, (V) STATEMENTS BY ANY THIRD-PARTY OR CONDUCT OF ANY THIRD-PARTY USING SERVICES, (VI) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR SERVICES BY ANY THIRD-PARTY, AND/OR (VI) ANY OTHER MATTER RELATING TO THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT WE SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD-PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
The services are controlled and offered by us from facilities in the United States of America. We make no representations that the Services are appropriate or available for use in other locations. Those who access or use the Services from other jurisdictions do so at their own volition and are responsible for compliance with local law. Also, in some jurisdictions, it is not permitted to limit liability and, therefore, such limitations may not apply to you.
10. INTELLECTUAL PROPERTY
Except as otherwise set forth and provided herein, all material, including but not limited to text, pictures, graphics and flash animations, data, icons and arrangement thereof that is displayed, and any hypertext markup language or any programming code included in or as a function of this web site, is protected under the copyright laws of the United States of America and international conventions. It is the exclusive property of Lorraine Consulting, LLC and/or its content suppliers, and may not be copied, modified or distributed in any form or for any reason without the express written consent of Lorraine Consulting, LLC.
All trademarks, service marks, and trade names (collective, the “Marks”) included in web site content provided by the web site’s owner and operator are trademarks or registered trademarks of and are proprietary to Lorraine Consulting, LLC or other respective owners that have granted Lorraine Consulting, LLC the right and license to use the Marks. Any trademarks, service marks, trade names, trade dress and products appearing in this Internet web site are reserved by the respective owners and may be afforded protection in the United States and internationally.
- Reservation of Rights:
Lorraine Consulting, LLC reserves all of Lorraine Consulting, LLC’s rights, including but not limited to any and all copyrights, trademarks, patents, trade secrets that are or may be obtained, and any other proprietary right that Lorraine Consulting, LLC may have, in respect of this web site, its content, and any goods and services that may be provided on this web site. The use of Lorraine Consulting, LLC’s rights and property requires Lorraine Consulting, LLC’s prior written consent. By making services available to you, Lorraine Consulting, LLC is not providing you with any implied or express licenses or rights, and you will have no rights to make any commercial use of this web site or provided services without Lorraine Consulting, LLC’s prior written consent.
11. DMCA NOTIFICATION OF COPYRIGHT INFRINGEMENT
If you believe that your property has been used in any way that could be considered a copyright infringement or a violation of your intellectual property rights, Lorraine Consulting, LLC’s copyright agent may be contacted in writing via:
Dr. Liz Consulting
P.O. Box 5158
Somerset, NJ 08875
In your communication, please: (a) identify in detail the copyrighted work that you believe is infringed; (b) identify the location on this web site where the copyrighted work is posted; (c) include your contact address, telephone number and e-mail address; (d) include a statement by you that you have a good-faith belief that the use of the copyrighted work is not authorized by the copyright owner, its agent or by the law; (e) make a statement by you, acknowledging that the statement is made under penalty of perjury, that all of the information set forth in your statements is accurate and that you authorized to make such statement, either as the copyright owner or under authority of the copyright owner; and (f) include your signature (electronic or physical), if you are the copyright owner, or include a signature of someone authorized to act on the copyright owner’s behalf to allege copyright infringement, if you are not the copyright owner.
If you believe in good faith that someone has wrongly filed a notice of copyright infringement against you, please send a counter notice to the web site’s above identified copyright agent. In your communication, please: (a) identify the content that has been removed and the location where the content appeared before it was removed; (b) include a statement by you that you have a good-faith belief that the content was removed as a result of a mistake or misidentification of the content; (c) include your name, address, telephone number, and e-mail address, a statement that you consent to the jurisdiction of the federal court in New York, NY, and a statement that you will accept service of process from the person who provided notification of the alleged infringement; and (d) include your signature (electronic or physical).
Your right to send copyright infringement notices and counter-notices are governed by the requirements of the Digital Millennium Copyright Act of 1998. See http://www.copyright.gov for details.
If a copyright infringement notice is received, we will process it and, if the requirements are met, may remove the copyrighted content. If a counter-notice is received, we will process it and, if the requirements are met, we may send the counter-notice to the original complaining party and may, in our sole discretion, also restore the copyrighted material.
12. APPLICABLE LAW
13. DISPUTE RESOLUTION
a. one arbitrator shall be chosen by JAMS;
b. any arbitration must be commenced within one (1) year after the claim or cause of action arises;
c. each party to the arbitration will pay an equal share of the expenses and fees of the arbitrator, together with other expenses of the arbitration incurred or approved by the arbitrator; and
d. arbitration may proceed in the absence of any party if written notice (pursuant to JAMS’ rules and regulations) of the proceedings has been given to such party. You agree to bear your own attorney’s fees, costs, and expenses. You agree to abide by all decisions and awards rendered in such proceedings. Such decisions and awards rendered by the arbitrator shall be final and conclusive. All such controversies, claims, or disputes shall be settled in this manner in lieu of any action at law or equity; provided, that, nothing in this subsection shall be construed as precluding us from bringing an action for injunctive or equitable relief. IF FOR ANY REASON THIS ARBITRATION CLAUSE BECOMES NOT APPLICABLE OR IF LORRAINE CONSULTING, LLC SEEKS INJUNCTIVE OR EQUITABLE RELIEF THEN YOU:
i. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HEREBY IRREVOCABLY WAIVE ALL RIGHT TO TRIAL BY JURY AS TO ANY ISSUE RELATING HERETO IN ANY ACTION, PROCEEDING, OR COUNTERCLAIM ARISING OUT OF OR RELATING TO THIS AGREEMENT OR ANY OTHER MATTER INVOLVING LORRAINE CONSULTING, LLC, AND
ii. SUBMIT TO THE EXCLUSIVE JURISDICTION AND VENUE OF THE FEDERAL OR STATE COURTS LOCATED IN NEW YORK COUNTY, NEW YORK AND YOU AGREE NOT TO INSTITUTE ANY SUCH ACTION OR PROCEEDING IN ANY OTHER COURT IN ANY OTHER JURISDICTION.
You irrevocably and unconditionally waive any objection that you may now or hereafter have to the laying of venue of any action or proceeding arising out of or relating to this Agreement in the federal or state courts located in the State of New York.
You agree to arbitrate solely on an individual basis, and that this agreement does not permit class arbitration or any claims brought as a plaintiff or class member in any class or representative arbitration proceeding. The arbitral tribunal may not consolidate more than one person’s claims and may not otherwise preside over any form of a representative or class proceeding. In the event the prohibition on class arbitration is deemed invalid or unenforceable, then the remaining portions of these arbitration provisions in this Agreement will remain in full force and effect.
You agree that this section of this Agreement has been included to rapidly and inexpensively resolve any disputes with respect to the matters described herein, and that this section shall be grounds for dismissal of any court action commenced by you with respect to a dispute arising out of such matters.
14. MISCELLANEOUS INFORMATION
Notice for California Residents pursuant to CA Civil Code section 1789.3: California residents may reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at 916-445-1254 or 800-952-5210.