Terms of Use
AllClair.com is a service of January Project® (hereinafter “JP” and “January Project”) and is an equal opportunity website! This means that you are free to form your own opinions, make your own observations, ask questions that are appropriate to your own needs while being respectful of others and the Site’s policies, posted throughout, which are designed to keep everything effective and graceful. If you don’t agree with these policies, you should not use the Site.
In other words:
1. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the AllClair.com domain name, the “Website”, and/or the “January Project Website”) YOU SIGNIFY YOUR ASSENT TO BOTH THESE TERMS AND CONDITIONS (the “Terms of Service”). If you do not agree to any of these terms, then your only recourse is to not use the January Project Website.
2. The Website
These Terms of Service apply to all users of the allclair.com website, including users who are also contributors of content, information, and other materials or services on the Website. January Project® and AllClair.com are collectively referred to herein as “the January Project Website”. The January Project Website may contain links to third-party websites that are not owned or controlled by January Project. AllClair.com has no control over and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, January Project will not and cannot censor or edit the content of any third-party site. By using the Website, you expressly relieve January Project from any and all liability arising from your use of any third-party website. Accordingly, we encourage you to be aware when you leave the January Project Website and to read the terms and conditions and privacy policy of each other website that you visit.
3. Cancellation, Passport Minutes Balance, and Payments Policy
All appointments are paid for as the reservation is made. AllClair.com has a strict cancellation and refund policy. This means that if you cancel your appointment or purchase, including Paradimus newsletter, consultation or Passport, you will receive a credit towards a future purchase, equal to the amount of your purchase or any unused portion of that purchase that must be used within 6 months are forfeited. There are no refunds. As applies to Passport subscriptions: unused minutes are not refundable or transferable to another party; there is a 30-minute minimum per call charge; for text message queries there is a 30-minute minimum per query. On all banked minutes accounts, unused minutes expire after 6 months from the date of purchase or replenish/renewal. Replenishing or adding minutes to your account resets the expiration date for all minutes including new ones to 6 more months from the replenish date. Passport subscribers can query us for clarification or minimal questions via text message; however, this option is not intended to replace actual phone consultations. Except where noted, payments for consultations or other products, events, or services, are required in advance. Passport subscribers are required to have a valid credit or debit card on file for if your total number of remaining minutes goes below 30 (the minimum for a single call), or it is 6 months from your purchase or last replenish of minutes, your account is automatically charged for an additional bank of 100 minutes. Cancellation of Passport account must be made in writing via email at service@allclair.com, and takes effect within 72 hours. Unused minutes on cancelled Passport accounts remain available until they expire.
As applies to Paradimus newsletter subscriptions: there are no refunds on unused portions of your subscription, nor can you transfer your subscription to any third party. It is the subscriber’s responsibility to manage their subscription, including cancellations prior to the renewal date, through logging into your account control panel.
There are no refunds whatsoever for any purchase of any kind for AllClair.com or its associates, under any circumstances. If you disagree with this policy, then your only option is to refrain from using our services and website.
4. Website Access
A. January Project hereby grants you permission to use the Website as set forth in this Terms of Service, provided that: (i) your use of the Website as permitted is solely for your personal, noncommercial use; (ii) you will not copy or distribute any part of the Website in any medium without prior written authorization; (iii) you will otherwise comply with the terms and conditions of these Terms of Service.
B. January Project offers a premium service through its PASSPORT portal, which is granted conditionally to subscribers. Access may be suspended at any time without cause or prior notice at the sole discretion of January Project.
5. Intellectual Property Rights
The content on allclair.com, including without limitation, the text, software, scripts, graphics, photos, sounds, music, videos, interactive features and the like (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to January Project®, subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Content on the Website is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of the respective owners. January Project reserves all rights not expressly granted in and to the Website and the Content. You agree to not engage in the use, copying, or distribution of any of the Content other than expressly permitted herein, including any use, copying, or distribution of content of third parties obtained through the Website for any commercial purposes. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security-related features of the January Project Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the January Project Website or the Content therein. See the Credits and Copyrights notice, incorporated herein by reference.
6. Client Confidentiality Agreement
We take our privacy and yours seriously. As a subscriber to Passport, or a client using services, subscriptions, or consulting of any kind through allclair.com, you agree that your exchanges and interactions with any adviser or consultant or any provider through allclair.com must remain private and between you and allclair.com. You understand and agree that you are financially responsible for any damages or expenses, consequential or incidental, resulting from your breach of this confidentiality policy, including the site’s Privacy Policy statement, including but not limited to any third party connected to you, and in perpetuity.
7. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JANUARY PROJECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JANUARY PROJECT MAKES NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THIS SITE’S CONTENT OR THE CONTENT OF ANY SITES LINKED TO THIS SITE AND ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 JANUARY PROJECT WEBSITE. JANUARY PROJECT DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JANUARY PROJECT 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. JANUARY PROJECT DOES NOT GUARANTEE THE ACCURACY OF THE CONTENT OF ANY CONSULTATION, i.e. CALLING US IS AN ACT OF FAITH ON YOUR PART AND IS FOR YOUR ENTERTAINMENT PURPOSES ONLY.
8. Limitation of Liability
IN NO EVENT SHALL JANUARY PROJECT, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS, BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER RESULTING FROM ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT OR CONSULTATIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF OUR WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM OUR WEBSITE, (IV) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE 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 YOUR USE OF ANY CONTENT POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE JANUARY PROJECT WEBSITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
YOU SPECIFICALLY ACKNOWLEDGE THAT JANUARY PROJECT SHALL NOT BE LIABLE FOR USER SUBMISSIONS 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 Website is controlled and offered by January Project and its facilities in the United States of America. January Project makes no representations that the January Project Website is appropriate or available for use in other locations. Those who access or use the January Project Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
9. Indemnity
You agree to defend, indemnify and hold harmless January Project, its parent corporation or company, officers, directors, employees, and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from: (i) your use of and access to the January Project Website; (ii) your violation of any term of these Terms of Service; (iii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iv) any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the January Project Website.
10. Ability to Accept Terms of Service
You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Service, and to abide by and comply with these Terms of Service. In any case, you affirm that you are over the age of 18, as the January Project Website is not intended for children under 18. If you are under 18 years of age, then please do not use the January Project Website; there are lots of other great websites for you. Talk to your parents about what sites are appropriate for you.
11. Assignment
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you but may be assigned by January Project without restriction.
12. For Entertainment Purposes Only
No adviser or consultant featured on the January Project Website or working through the January Project Website can or will provide medical, legal, or investment advice. By using the January Project Website, scheduling an appointment, or subscribing and/or renewing Passport subscriptions, you understand and agree to these terms regarding professional advice and that you will seek competent medical, legal or investment advice from the appropriate professionals for these purposes. You agree that the use of the January Project Website and/or seeking input from an advisor or consultant listed on AllClair.com is for entertainment purposes only.
13. General
You agree that: (i) the January Project Website shall be deemed solely based in California; and (ii) the January Project Website shall be deemed a passive website that does not give rise to personal jurisdiction over January Project, either specific or general, in jurisdictions other than California. These Terms of Service shall be governed by the internal substantive laws of the State of California, without respect to its conflict of laws principles. Any claim or dispute between you and January Project that arises in whole or in part from the January Project Website shall be decided exclusively by a court of competent jurisdiction located in San Francisco County, California.
These Terms of Service, together with any other legal notices published by January Project on the Website, shall constitute the entire agreement between you and January Project concerning the January Project Website. If any provision of these Terms of Service is deemed invalid by a court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms of Service, which shall remain in full force and effect.
No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and January Project’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. January Project reserves the right to amend these Terms of Service at any time and without notice, and it is your responsibility to review these Terms of Service for any changes. Your use of the January Project Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND January Project AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JANUARY PROJECT WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
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