Last Updated on August 8, 2022
NOTICE: These Terms and Conditions of Use and Service (these “Terms”) are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use or access of any of our templates, products, and resources including our blog and podcasts on the website (all websites located at www.drjannewman.com) (the “Website”) and the entire Website (collectively, the “Resources”).
All Resources are owned and provided by Momentum Psychlogy PLLC (“Company” or “we” or “us” or “our”). The term “you” or “your” refers to any user or purchaser of these Resources.
These Terms constitute an agreement between the Company and You that governs Your use of this website and all of its associated services, content and functionality. Services provided by Company related to treatment and assessment are governed by those agreements signed by clients at intake. This Terms governs the use of Resources from this Website. Coaching, consulting, education, and training services are offered through another company and website.
Your use of the Website constitutes Your acceptance of, and agreement to the following Terms. the Company reserves the right to modify, alter, amend or update its Website, policies and these Terms. These Terms are subject to change without notice. If You do not agree with or do not accept any part of these Terms, You must not use the Website or use or purchase the Products.
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 or Resources, 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 firstname.lastname@example.org
Legal advice occurs when an attorney applies and interprets the law to your specific circumstances. The Resources or related communications are NOT legal advice, nor as a recommendation of any particular legal understanding. Company is not offering our legal services and you expressly agree we are not acting in any professional capacity by making Resources available. Further, engaging with Company on social media or through email communication does not create an attorney/client relationship. Company insists that you consult an attorney if you’d like advice on your interpretation of the Resources information or its accuracy. Resources are for educational and entertainment purposes only. None of the Resource or its related material(s) should be construed as legal advice.
This website is created and owned by Company, founded by Dr. Jan Newman, an attorney licensed in North Carolina and Colorado, but she’s not YOUR attorney. An attorney/client relationship shall only be formed by signing an engagement letter for legal services.
Psychological services are the treatment, evaluation, and treatment of mental health and/or behavioral health disorders applying professional clinical expertise to your specific circumstances. The Resources or related communications are NOT psychological services, nor as a recommendation of any particular understanding regarding your needs for psychological services. Company is not offering our legal services and you expressly agree we are not acting in any professional capacity by making Resources available. Further, engaging with Company on social media or through email communication does not create an attorney/client relationship. Company insists that you consult an attorney if you’d like advice on your interpretation of the Resources information or its accuracy. Resources are for educational and entertainment purposes only. None of the Resource or its related material(s) should be construed as psychological services, recommendations, or advice.
This Website is created and owned by Company, founded by Dr. Jan Newman, a clinical psychologist licensed in North Carolina, Florida, and through PSYPACT, but she’s not your psychologist or therapist. A psychologist/client relationship shall only be formed by signing all intake paperwork provided by Jan Newman PhD, PLLC.
We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Resource(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider.
The Website and Resources were developed strictly for educational, entertainment, and informational 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 Resources or the Website.
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.
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.
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.
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.
Opt-out – You may opt-out of future email communications by following the unsubscribe links in our emails. You may also notify us at email@example.com to be removed from our mailing list.
Access – You may access the personal information we have about you by submitting a request to firstname.lastname@example.org.
Amend – You may contact us at email@example.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 firstname.lastname@example.org
Please note that we may need to retain certain information for recordkeeping purposes or to complete transactions, or when required by law.
The Website does not knowingly collect any personally identifiable information from children under the age of 18. 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 email@example.com and we will use our best efforts to promptly remove such information from our records.
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 firstname.lastname@example.org. 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.
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.
All original materials provided by the Company as part of the products or Resources 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.
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 coaching purposes only), and print pages for Your personal use, subject to the restrictions set out below and elsewhere in these
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.
Some resources such as downloads can be used by You with a limited license. Subject to and in accordance with these Terms and other guidelines or instructions we include in the Resources, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Resources. You may not copy, republish, upload, post, transmit, translate, sell, resell, share, trade or distribute in any manner or medium (including by email or other electronic means) any material from the Resources. You may, however, from time to time, download, customize and use the Resources for your individual use, provided that you keep intact all copyright and other proprietary notices.
The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void.
We reserve the right to terminate your access to the Resource at any time if we find that you have violated these Terms. We will make every attempt to notify you of any violation of these Terms and give you an opportunity to remedy the violation. However, if you fail to remedy the violation or continue to violate the Terms, we will terminate your access to the Resource with no refund of fees.
All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and the property of the Company or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on provided in the Resource is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
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.
Civil and Criminal Penalties. Even though our Website and Resources are not physical property, you can be charged with theft or face civil or criminal penalties if you copy, steal, infringe or otherwise violate these Terms. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in North Carolina by opting into or purchasing any Resource or accessing its related communications and/or materials.
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.
Your 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 content includes, but is not limited to, comments, 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 sublicense these rights and the right to bring an action for infringement of these rights.
You acknowledge and agree that in the event of certain breaches of the Terms, 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.
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, the Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
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.
he 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 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.
The Website and any products or Resources 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 Resources, 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.
By accessing our Resource(s) and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you.
IN NO EVENT SHALL WE, OUR AFFILIATES, AGENTS, PARTNERS, AND LICENSORS BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE], ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THESE TERMS, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE RESOURCES YOU HAVE PURCHASED OR ACCESSED THROUGH OUR WEBSITE.
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 (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.
We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any delay in our performance under these Terms when and to the extent such delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage. Should an event be canceled, you will receive a full refund.
Change to the Term of Use
The Terms 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, 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 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 may not be assigned by you without the Company’s prior written consent, however, the Terms may be assigned by the Company in its sole discretion. The Terms are the final, complete and exclusive agreement of the parties with respect to the Website offered by the Company. The Terms may not be altered or modified except by prior written agreement by the parties. All notices with respect to the Terms must be in writing and may be via email to email@example.com for the Company and to your email address.
Mailing address is located at:
Momentum Psychology PLLC
301 S. McDowell Street
Suite 125 – 1554
Charlotte, NC 28204