JanuaryProject.com is a service of January Project® (hereinafter “JP” and “JanuaryProject.com”) and is an equal opportunity website! This means that you are free to form your own opinions, make your own observations, ask the 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:
01. Your Acceptance
BY USING AND/OR VISITING THIS WEBSITE (collectively, including all Content available through the JanuaryProject.com domain name, the “JanuaryProject.com Website”, or “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 JanuaryProject.com Website.
02. JanuaryProject.com website
3. Cancellation, Passport Minutes Balance and Payments Policy
All appointments are paid for as the reservation is made. JanuaryProject.com has a strict 48 hour cancellation policy. This means that if you cancel your appointment less than 48 hours prior to that appointment, you forfeit the money you paid for your appointment. Cancellations of at least 48 hours in prior to the appointment are given a credit for a later appointment only, with no refunds, no exceptions. 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 15 minute minimum per query. On all banked minutes accounts, unused minutes expire after 6 months of inactivity. 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 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 credit or debit card on file for if your total number of remaining minutes goes below 30 (the minimum for a single call), in which case your account is automatically charged for an additional bank of 100 minutes (for Passport or Season Pass) or 300 minutes (for Passport Pro).
04. Website Access
A. JanuaryProject.com 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. JanuaryProject.com offers a premium service through it’s 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 JanuaryProject.com.
5. Intellectual Property Rights
The content on the JanuaryProject.com Website, 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 JanuaryProject.com and January Project®, subject to copyright and other intellectual property rights under 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. JanuaryProject.com 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 JanuaryProject.com Website or features that prevent or restrict use or copying of any Content or enforce limitations on use of the JanuaryProject.com Website or the Content therein. See the Credits and Copyrights notice, incorporated herein by reference.
6. Warranty Disclaimer
YOU AGREE THAT YOUR USE OF THE JanuaryProject.com WEBSITE SHALL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, JanuaryProject.com, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. JanuaryProject.com 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 JanuaryProject.com WEBSITE. JanuaryProject.com DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE JanuaryProject.com WEBSITE OR ANY HYPERLINKED WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND JanuaryProject.com 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. JanuaryProject.com 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.
7. Limitation of Liability
IN NO EVENT SHALL JanuaryProject.com, 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 JanuaryProject.com 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 JanuaryProject.com 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 JanuaryProject.com and its facilities in the United States of America. JanuaryProject.com makes no representations that the JanuaryProject.com Website is appropriate or available for use in other locations. Those who access or use the JanuaryProject.com Website from other jurisdictions do so at their own volition and are responsible for compliance with local law.
You agree to defend, indemnify and hold harmless JanuaryProject.com, 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 JanuaryProject.com 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 JanuaryProject.com Website.
9. 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 JanuaryProject.com Website is not intended for children under 18. If you are under 18 years of age, then please do not use the JanuaryProject.com Website there are lots of other great web sites for you. Talk to your parents about what sites are appropriate for you.
These Terms of Service, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by JanuaryProject.com without restriction.
You agree that: (i) the JanuaryProject.com Website shall be deemed solely based in California; and (ii) the JanuaryProject.com Website shall be deemed a passive website that does not give rise to personal jurisdiction over JanuaryProject.com, 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 JanuaryProject.com that arises in whole or in part from the JanuaryProject.com 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 JanuaryProject.com on the Website, shall constitute the entire agreement between you and JanuaryProject.com concerning the JanuaryProject.com 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 JanuaryProject.com’ failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision. JanuaryProject.com 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 JanuaryProject.com Website following any amendment of these Terms of Service will signify your assent to and acceptance of its revised terms. YOU AND JanuaryProject.com AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE JanuaryProject.com WEBSITE MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.