TERMS OF USE

Last Modified: April 4, 2024

The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms of Use”), govern your access to and use of JackMcAdoo.com, including any content, functionality, and services offered on or through JackMcAdoo.com, as well as any associated domains or subdomains operated by Jay Shetty or his affiliates (collectively referred to as the “Website”), whether as a guest or a registered user.

Please read the Terms of Use carefully before you start to use the Website. By using the Website, you accept and agree to be bound and abide by these Terms and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Website.

THE TERMS INCLUDE AN ARBITRATION CLAUSE AND CLASS ACTION WAIVER THAT APPLIES TO ALL USERS. IT AFFECTS HOW DISPUTES WITH THE COMPANY ARE RESOLVED. BY ACCEPTING THESE TERMS, YOU AGREE TO BE BOUND BY THIS ARBITRATION CLAUSE AND CLASS ACTION WAIVER. PLEASE READ IT CAREFULLY.

THIS SERVICE DOES NOT PROVIDE MEDICAL CARE.

We do not provide medical advice, diagnosis, or treatment, nor are we a medical service provider. Content on the Website, which may include text, graphics, images, or other information produced by us or obtained from third party content providers, and other material contained on the Website, are for informational purposes only. Nothing on this Website is intended to be a substitute for professional medical advice, diagnosis, or treatment. Always seek the advice of your physician or other qualified healthcare provider with any questions you may have regarding a medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read, seen, or heard on the Website. If you think you have a medical emergency, call your doctor or the applicable emergency services number in your jurisdiction immediately. We do not recommend or endorse any specific tests, products, procedures, opinions or other information or services that may be made available to you through the Website. Reliance on any information provided by us, or others appearing on the Website, or other visitors to the Website, is solely at your own risk.

CHANGES TO THE TERMS OF USE.

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of a Website thereafter. Any changes to the dispute resolution provisions set forth herein will not apply to any disputes for which the parties have actual notice (or to any claim that was filed) before the date the change is posted. If we make changes to these Terms, we will post the revised Terms on the Website and update the “Last Modified” date at the top of these Terms. We will also endeavor to send a notice to the email address that you provided to us in order to let you know about revisions. Your continued use of the Website following the posting of revised Terms or notification thereof by email means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any new or additional terms, as they are binding on you.

REQUIREMENTS FOR USE OF THE WEBSITE.

1. Eligibility. Each Website is offered and available to users who are 18 years of age or older. By using a Website, you represent and warrant that you are of legal age to form a binding contract with us in your applicable jurisdiction. If you do not meet these requirements, you must not access or use the Website. The Website is not available to any users previously suspended or removed from the Website by us.
2. Devices. Use of, and secure access to, the Website may require compatible devices, Internet access, and certain software (fees may apply). Your device may require periodic updates and your experience and ability to access the Website may be affected by the performance of these factors. The latest version of applicable software may be required for certain transactions or features. You agree that meeting these requirements is your responsibility.
3. Availability of the Website. The Website, or any feature or part thereof, may not be available in all languages or in all countries and we make no representation that the Website, or any feature or part thereof, is appropriate or available for use in any particular location. To the extent you choose to access and use the Website, you do so at your own initiative and are responsible for compliance with any applicable laws. We reserve the right to withdraw or amend the Website, and any content or material we provide through the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

ACCOUNTS.

1. Registration. In order to use certain features of the Website, you may be required to create and register an account (“Account”). You must provide accurate, current, and complete information during the registration process and keep your Account up-to-date at all times. You are solely responsible for the confidentiality of your Account and password, as well as for its use and misuse. You must promptly inform us of any need to deactivate your Account, including if you become aware that your Account is compromised or being used without authorization. You will be liable for any and all activities conducted through your Account that, if undertaken by you, would be deemed a violation of these Terms. We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, with or without providing a refund of amounts paid by you, including if, in our opinion, you have violated any provision of these Terms. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.
2. Billing. If you create an Account that requires a subscription or other form of payment (“Fees”), we will automatically bill you from the date you open the account based on the plan you choose, and continue to bill you accordingly until cancellation or termination, including any final billing period based on the timing of such cancellation or termination. You are responsible for the timely payment of all Fees and for providing valid credit card or payment account details for payment of all Fees. If there are any payment issues related to Fees due, we reserve the right to revoke or restrict access to your Account, or terminate your Account. If you want to designate a different credit card or payment account or if there is a change in your credit card or payment account status, you must update your information directly with the payment processor; this may temporarily disrupt your access to the Website while we verify your new payment information. All Fees are payable in U.S. Dollars, unless otherwise specified. We may change the Fees for any Website (excluding pre-paid plans for the pre-paid billing period). We will endeavor to provide you with advance notice of these changes via a message to the email address associated with your Account, provided, however, that failure to provide advance notice will not preclude any such changes.
3. Taxes. You’re responsible for all applicable taxes, and we’ll charge taxes when required to do so.
4. No Refunds. You may cancel your Account at any time. Unless we are required by law to provide a refund, in all instances whether to issue a refund is within our sole discretion.
5. International Use. We operate the Website in the United States. If you choose to access our Website from locations outside the United States, you consent to the collection, transmission, use, storage and processing of content and data (including your personal information) in the United States. You also agree to comply with and are solely responsible for ensuring compliance with all local laws, regulations, and rules in the jurisdiction in which you reside or access the Website, if and to the extent local laws are applicable to use of our Website. The right to access and use the Website is not granted in jurisdictions, if any, where such access and use may be prohibited or would render us in violation of any applicable laws or regulations, including without limitation, applicable privacy laws.

PROPRIETARY MATERIALS; LICENSES.

1. Our Proprietary Rights. The Website and its entire contents, features, technologies, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) (collectively, “Materials”) are owned by the Company, its affiliates, licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You acknowledge and agree that the Materials, including all associated intellectual property rights, are the exclusive property of the Company or its applicable affiliates, licensors, or authorizing third-parties. You will not remove, alter, or obscure any copyright, trademark, service mark, or other proprietary rights notices incorporated in or accompanying the Materials. All trademarks, service marks, logos, trade names, and any other source identifiers of the Company or its affiliates used on or in connection with the Website and the Materials are trademarks or registered trademarks of the Company or its affiliates in the United States and abroad. You must not use such marks without our prior written permission.
2. Restrictions on Use of Materials. You will not use, copy, adapt, modify, prepare derivative works of, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Materials, except as expressly permitted in these Terms, and as follows: (i) your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials; (ii) you may store files that are automatically cached by your web browser for display enhancement purposes; (iii) if we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications; or (iv) if we provide social media features with certain content, you may take such actions as are enabled by such features. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by the Company, its affiliates, or its licensors, except for the licenses and rights expressly granted in these Terms.
3. Limited License. Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-sublicensable, revocable, non-transferable license to access, view, and listen to any Materials made available on or through the Website and accessible to you, solely for your personal and non-commercial use. THE USE OF MATERIALS OR ANY PART OF THE SERVICE, EXCEPT FOR USE AS PERMITTED IN THESE TERMS, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT INFRINGEMENT.

USER CONTENT AND LICENSE GRANT.

1. User Content and Ownership. Certain features on our Website may permit (a) the posting or publishing by you and other users of notes, questions, comments, ratings, reviews, images, videos and other audio-visual materials and communications (collectively, “User Content“). You understand that whether or not such User Content is published, we do not guarantee any confidentiality with respect to any submissions. Consistent with applicable law, as between us and you, you retain all ownership rights you have in any User Content you post or publish to the Website, and we do not claim any ownership rights in or to such User Content. You acknowledge that you are solely responsible for your User Content and the consequences of posting, creating, or publishing such User Content.
2. Representations and Warranties for User Content. You represent and warrant that (i) you own or control all rights in and to all User Content that you make available on or through the Website or you have all rights, licenses, consents and releases that are necessary to grant to us rights in and to such User Content; (ii) all of your User Content does and will comply with these Terms; and (iii) neither the User Content nor your posting, uploading, streaming, publication, submission, or transmittal of the User Content or our use of the User Content (or any portion thereof) as contemplated under these Terms will infringe, misappropriate, or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You understand and acknowledge that you are responsible for any User Content that you submit or contribute, and you, not us, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
3. Company Reservation of Rights in User Content. We reserve the sole and exclusive right, in our sole discretion, to (i) remove or refuse to post any User Content for any or no reason; (ii) take any action with respect to any User Content that we deem necessary or appropriate, including if we believe that such User Content violates these Terms; (iii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; or (iv) take appropriate legal action, including without limitation, referral to law enforcement. Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any Materials on or through the Website. You waive and hold harmless the Company and its affiliates, licensors, licensees, and service providers from any claims resulting from any action taken by any of the foregoing parties during, or taken as a consequence of, investigations by either such parties or law enforcement authorities. We have no obligation and do not undertake to review material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user. We have no liability or responsibility to anyone for performance or nonperformance of the activities described herein
4. License Grant. By posting, submitting, or distributing User Content on or through the Website, you hereby grant to us a worldwide, non-exclusive, transferable, sublicensable (through multiple tiers), assignable, fully paid-up, royalty-free right and license to (a) host, transfer, display, perform, reproduce, distribute, prepare derivative works of, use, make, have made, import, and otherwise exploit your User Content, in whole or in part, in any media formats and through any media channels (now known or hereafter developed, to the extent consistent with applicable law). Such license is perpetual and irrevocable, except to the extent required to comply with applicable privacy laws relating to ownership and control of your personal information.
5. User Content Disclaimer. You understand that when using the Website, you may be exposed to the User Content of others (“Other User Content”) from a variety of sources, and that we are not responsible for the accuracy, usefulness, or intellectual property rights of or relating to such Other User Content. You further understand and acknowledge that you may be exposed to Other User Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against us with respect thereto. We do not endorse any User Content or Other User Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Content and Other User Content.
6. User Content Standards. User Content must in its entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, you will not post, upload, stream, publish, submit, or transmit any User Content that:

1. contains any material that is defamatory, obscene, indecent, abusive, offensive, harassing, hateful, inflammatory, violent or threatening or promotes violence or actions that are threatening to any other person or animal, contrary to our standards, or otherwise objectionable.
2. promotes sexually explicit or pornographic material, violence, or discrimination based on race, sex, gender identity, religion, nationality, disability, sexual orientation, or age.
3. infringes any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
4. violates the legal rights (including the rights of publicity and privacy) of others or contains any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms or our Privacy Policy.
5. is likely to deceive any person, promote any illegal activity, or advocate, promote, or assist any unlawful act, or cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
6. impersonates any person, or misrepresents your identity or affiliation with any person or organization.
7. involves commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
8. gives the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

DIGITAL MILLENNIUM COPYRIGHT ACT.

‍We take claims of copyright infringement seriously. We will respond to notices of alleged copyright infringement that comply with applicable law. If you believe any materials accessible on or from the Website infringe your copyright, you may request removal of those materials (or access to them) from the Website by submitting written notification to our copyright agent designated below. In accordance with the Online Copyright Infringement Liability Limitation Act of the Digital Millennium Copyright Act (17 U.S.C. § 512) (“DMCA“), the written notice (the “DMCA Notice“) must include substantially the following:

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
2. Identification of the copyrighted work you believe to have been infringed or, if the claim involves multiple works, a comprehensive representative list of such works.
3. Identification of the material you believe to be infringing in a sufficiently precise manner to allow us to locate that material.
4. Adequate information by which we can contact you, including your name, postal address, telephone number, and, if available, email address.
5. A statement that you have a good faith belief that use of the copyrighted material is not authorized by the copyright owner, its agent, or the law.
6. A statement that the information in the written notice is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner.
7. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. If you are unsure whether the material available online infringes your copyright, we suggest that you contact an attorney before sending us a notice.

Our designated Copyright Department to receive DMCA Notices is:

15821 Ventura Boulevard, Suite 370, Encino, CA 91436, with a copy to email@JackMcAdoo.com.

If you fail to comply with all of the requirements of Section 512(c)(3) of the DMCA, your DMCA Notice may not be effective. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the Account or access of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

PROHIBITED CONDUCT.

You agree to use the Website only for purposes permitted by these Terms, and only to the extent permitted by any applicable law, regulation, or generally accepted practice in the applicable jurisdiction. If your use of the Website or other behavior intentionally or unintentionally threatens our operation of the Website or other systems, or violates any of these Terms, we reserve the right to take all reasonable steps to protect the Website and its systems, which may include suspension or termination of your access to the Website and your Account, or any portion thereof, or taking legal action, all without notice to you. In connection with your use of the Website, you will not and will not assist or enable others to:

1. violate any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
2. breach or circumvent any agreements with third-parties, third-party rights, or our Terms.
3. exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
4. send, knowingly receive, upload, download, use, or re-use any material that does not comply with these Terms.
5. transmit, or procure the sending of, any advertising or promotional material without our prior written consent including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
6. impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing), or falsely claim that you have an affiliation with the Company, a Company employee, another user, or any other person or entity, or have been endorsed by the Company, a Company employee, another user, or any other person or entity.
7. engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm us or users of the Website, or expose them to liability.
8. use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Website, including their ability to engage in real time activities through the Website.
9. use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the Materials on the Website.
10. use any manual process to monitor or copy any of the Materials on the Website, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
11. introduce any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful, or attack the Website, including via a denial-of-service attack or a distributed denial-of-service attack.
12. attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website, or use any device, software, or routine that interferes with the proper working of the Website.
13. copy, reproduce, modify, distribute, display, create derivative works of or transmit any Materials or other content on the Website or reverse engineer, decompile, tamper with or disassemble the technology used to provide the Website.
14. violate, misappropriate, or infringe a third party’s intellectual property or other right.
15. otherwise attempt to interfere with the proper working of the Website.

LINKING TO THE WEBSITE AND SOCIAL MEDIA FEATURES

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent.

This Website may provide certain social media features that enable you to:

1. Link from your own or certain third-party websites to certain content on this Website.
2. Send emails or other communications with certain content, or links to certain content, on this Website.
3. Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us, solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

1. Establish a link from any website that is not owned by you.
2. Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
3. Link to any part of the Website other than the homepage.
4. Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the content standards set out in these Terms. You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice. We may disable all or any social media features and any links at any time without notice in our sole discretion.

TERMINATION.

1. Voluntary Termination by You. You may delete your Account or stop using the Website at any time. This action may be non-reversible and you may lose all, or some portion of, the data associated with your Account. Termination of your Account will not relieve you of any obligation that may have arisen prior to such termination, including the obligation to pay Fees.
2. Termination by Company. We reserve the right to terminate these Terms and your access to all or any part of the Website at any time and for any reason without prior notice or liability. Causes for such termination include where: (i) we believe in our sole discretion that you have violated these Terms or have otherwise engaged in any activities that may harm or damage the reputation, rights, or property of us, the Website, the Website users, or any other person, (ii) we believe in our sole discretion that you have violated applicable laws, regulations, or third party rights, or participated in fraudulent or illegal activities, (iii) we believe in our sole discretion that such action may be needed to protect the personal safety or property of the Company, the Website, the Website users, or third parties, (iv) you request that we cancel or terminate your Account; (v) we receive a request or order from law enforcement, a judicial body, or other government agency; (vi) providing you with access to the Website is or may become unlawful; or (vii) unexpected technical or security issues or problems occur. Any such termination or suspension will be made by us in our sole discretion and we will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your Account or access to the Website.
3. Effect of Termination. Upon termination of your Account, you may lose all access to the Website or any portions thereof, including, but not limited to, your Account and data. Additionally, after a period of time, we may in our discretion delete information and data stored in or as a part of your Account.

THIRD-PARTY MATERIALS.

‍Certain components or features of the Website may include materials from third parties and hyperlinks to other websites, resources, or content (“Third-Party Content”). Such Third-Party Content may be subject to different terms and conditions and privacy practices. The Company, which has no control over such Third-Party Content, is not responsible or liable for the availability or accuracy of such Third-Party Content, or the content, products, or services available from such Third-Party Content. Links to Third-Party Content are not an endorsement by us of such Third-Party Content. You acknowledge and agree that we will not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use or reliance upon any Third-Party Content. ACCESS AND USE OF THIRD-PARTY MATERIALS IS SOLELY AT YOUR OWN RISK.

INDEMNIFICATION.

‍You agree, to the fullest extent permissible under applicable laws, to indemnify, defend, and hold harmless the Company, and its parent, successors, affiliated companies, affiliates, contractors, officers, directors, employees, agents, and its third-party suppliers, licensors, and partners (the “Company Parties“) from and against all losses, damages, liabilities, demands, judgments, settlements, costs and expenses of any kind (including legal fees and expenses), from any claim or demand made by any third-party arising out of or relating to (i) your access to, use, or misuse of the Website; (ii) your breach or alleged breach of these Terms, or any violation of the Terms; (iii) any breach of the representations, warranties, and covenants made herein, whether by you or by any third party; (iv) your failure to comply with applicable laws (including any failure to obtain or provide any necessary consent or notice); (v) the infringement by you or any third-party using your Account of any intellectual property, privacy, or other right of any person or entity, including in connection with your User Content, or (vi) your breach or alleged breach of any interaction, agreement, right, or policy between you and any other users. We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of the Company. We will use reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it. This provision will survive these Terms and your use of the Website.

DISCLAIMER OF WARRANTIES.

1. NO WARRANTIES. THE SERVICE, AND ALL DATA, INFORMATION, SOFTWARE, MATERIALS, CONTENT (WHETHER OWNED OR LICENSED), USER CONTENT, OTHER USER CONTENT, REFERENCE SITES, SERVICE, OR APPLICATIONS MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE SERVICE (THE “OFFERINGS“), ARE PROVIDED ON AN “AS IS,” “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY PARTIES AS DEFINED ABOVE DISCLAIM ANY AND ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER STATUTORY, EXPRESS, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ALL IMPLIED WARRANTIES OF MERCHANTABILITY, QUALITY, AVAILABILITY, QUIET ENJOYMENT, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SERVICE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN.
2. CONTENT. THE COMPANY, AND THE COMPANY PARTIES AS DEFINED ABOVE, DO NOT WARRANT THAT THE SERVICE OR ANY DATA, USER CONTENT, OTHER USER CONTENT, MATERIALS, FUNCTIONS, OR ANY OTHER INFORMATION OFFERED ON OR THROUGH THE SERVICE WILL BE UNINTERRUPTED, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND DO NOT WARRANT THAT ANY OF THE FOREGOING WILL BE CORRECTED. THE COMPANY, AND THE COMPANY PARTIES, MAKE NO REPRESENTATION OR WARRANTY THAT (1) THE OFFERINGS WILL (A) MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR BE TO YOUR LIKING, OR (B) WILL BE TIMELY, SECURE, ACCURATE, FREE FROM ERRORS OR LOSS, OR UNINTERRUPTED, (2) THE SERVICE IS FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS, OR (3) ANY DEFECTS OR ERRORS WILL BE CORRECTED. SOME FEATURES MAY BE NEW OR EXPERIMENTAL AND MAY NOT HAVE BEEN TESTED IN ANY MANNER.
3. HARM TO YOUR COMPUTER. YOU UNDERSTAND AND AGREE THAT YOUR USE, ACCESS, DOWNLOAD, OR OTHERWISE OBTAINING OF CONTENT, MATERIALS, SOFTWARE, OR DATA THROUGH THE SERVICE IS AT YOUR OWN DISCRETION AND RISK, AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS THEREFROM.
4. LIMITATIONS BY APPLICABLE LAW. SOME STATES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY ALSO HAVE OTHER RIGHTS THAT VARY FROM STATE TO STATE AND JURISDICTION TO JURISDICTION.

LIMITATION OF LIABILITIES

1. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, WILL THE COMPANY OR THE COMPANY PARTIES AS DEFINED ABOVE BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, RELIANCE, OR EXEMPLARY DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES ARISING FROM ANY UNSUCCESSFUL COURT ACTION OR LEGAL DISPUTE, LOST BUSINESS, LOST REVENUES OR PROFITS, LOSS OF DATA, OR ANY OTHER PECUNIARY OR NON-PECUNIARY LOSS OR DAMAGE OF ANY NATURE WHATSOEVER) EVEN IF THE COMPANY OR THE COMPANY PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES ARISING OUT OF OR RELATING TO (i) THE TERMS; (ii) YOUR USE OF (OR INABILITY TO USE) THE SERVICE OR OFFERINGS, OR (iii) ANY OTHER INTERACTIONS WITH US OR ANY THIRD-PARTY THROUGH OR IN CONNECTION WITH THE SERVICE OR OFFERINGS, INCLUDING OTHER USERS. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
2. LIMITATION OF DAMAGES. IN NO EVENT WILL THE COMPANY’S OR THE COMPANY PARTIES’ AS DEFINED ABOVE TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION ARISING OUT OF OR RELATING TO THE TERMS OR YOUR USE OF THE SERVICE OR YOUR INTERACTION WITH OTHER USERS (WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY, OR OTHERWISE), EXCEED THE AMOUNT PAID BY YOU TO THE COMPANY, IF ANY, FOR ACCESSING THE SERVICE DURING THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE OF THE CLAIM OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS GREATER.
3. BASIS OF THE BARGAIN. YOU ACKNOWLEDGE AND AGREE THAT THE COMPANY HAS OFFERED THE SERVICE AND ENTERED INTO THE TERMS IN RELIANCE UPON THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND THE COMPANY, AND THAT THE DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH HEREIN FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE COMPANY. THE COMPANY WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.

GOVERNING LAW.

‍All matters relating to the Website and these Terms will be governed by and construed in accordance with the internal laws of the State of Georgia, United States, without giving effect to any choice or conflict of law provision or rule (whether of the State of Georgia or any other jurisdiction).

ARBITRATION; WAIVER OF CLASS ACTION AND JURY TRIAL.

1. Generally. In order to expedite and control the cost of disputes, the Company and you agree that any legal or equitable claim, dispute, action, or proceeding arising from or related to your use of the Website or these Terms (“Dispute“) will be resolved as follows to the fullest extent permitted by law.
2. Notice of Dispute. In the event of a Dispute, you or the Company must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute“). You must send any Notice of Dispute by first class mail to ,1401 Overlook Park LN Atlanta, Georgia 33043, and also via e-mail to jack@jjmmediagroup.com. We will send any Notice of Dispute to you by first class mail to your address if we have it, or otherwise to your email address. You and the Company will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days from the date the Notice of Dispute is sent. After sixty (60) days, you or the Company may commence arbitration.
3. Binding Arbitration. Any Dispute which has not been resolved by negotiation as provided herein within sixty (60) days or such time period as you and the Company may otherwise agree, will be finally resolved by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final. The place of arbitration will be Los Angeles County, California. The arbitrator’s decision will be written and binding on the parties and any court with jurisdiction over the parties may enforce the arbitrator’s award.
4. Arbitration Procedure. Any arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules in effect at the time such arbitration is initiated. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by AAA is unavailable, the Company and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service will apply the AAA Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim. The arbitrator has the power to award attorney’s fees and costs to the prevailing party, which will be part of the arbitration award. The arbitrator’s decision will be written and binding on the parties and may be entered in any court of competent jurisdiction.
5. Class Action Waiver. The parties agree that (i) no arbitration proceeding hereunder, whether a consumer dispute or a business dispute, may be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other purchasers, or potential purchasers or persons similarly situated, and (ii) no arbitration proceeding hereunder may be consolidated with, or joined in any way with, any other proceeding. THE PARTIES AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION. The parties hereby irrevocably waive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any proceeding arising out of or relating to these Terms or any document incorporating these Terms or the transactions contemplated hereby.
6. Venue. In the event that any Dispute cannot be resolved by binding arbitration in accordance with this Section, you agree that such Dispute will be filed only in the state or federal courts in and for Gwinnett County,Georgia, and each of you and the Company hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action. Notwithstanding this, the Company will still be allowed to apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
7. Amendment. Notwithstanding any provision in the Terms to the contrary, the parties agree that if we make any amendment to this arbitration agreement, that amendment will not apply to any claim that was filed prior to the effective date of the amendment or of which the parties had actual notice before the effective date of the amendment. The amendment will apply to all other disputes or claims governed by our arbitration agreement that have arisen or may arise between you and us. If you do not agree to these amended terms, you may terminate your Account within thirty (30) days of the posting or notification of the amended terms, and you will not be bound by the amended terms pertaining to arbitration.

LIMITATION ON TIME TO FILE CLAIMS

ANY DISPUTE YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH DISPUTE IS PERMANENTLY BARRED.

FEEDBACK.

‍We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website, and requests for technical support or other communications relating to the Website (“Feedback“). Any Feedback you submit to us will be considered non-confidential and non-proprietary to you. By submitting Feedback to us, you grant us a non-exclusive, worldwide, royalty-free, fully paid-up, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to you. All feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: jack@jjmmediagroup.com

GENERAL PROVISIONS.

‍No waiver by the Company of any right, term, or condition set out in these Terms will be deemed a further or continuing waiver of such right, term, or condition or a waiver of any other term or condition, and any delay or failure of the Company to assert a right or provision under these Terms will not constitute a waiver of such right or provision. If any provision of these Terms is held by a tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision will be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. These Terms and our Privacy Policy constitute the sole and entire agreement between you and the Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website. These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. You may not assign, transfer, or delegate these Terms or your rights and obligations hereunder without the Company’s prior written consent. The Company may without restriction assign, transfer, or delegate these Terms and any rights and obligations hereunder, at its sole discretion.

PRIVACY POLICY

Last modified: April 4, 2024

INTRODUCTION

We respect your privacy and are committed to protecting it through our compliance with this policy.

This policy describes the types of information we may collect from you or that you may provide when you visit the website JackMcAdoo.com, or any associated domains or subdomains operated by Jack McAdoo or his affiliates (our “Website” or “Platform”) and our practices for collecting, using, maintaining, protecting, and disclosing that information.

This policy applies to information we collect:

• On this Website.
• In email, text, and other electronic messages between you and this Website.
• Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
• When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.

It does not apply to information collected by:

• Us offline or through any other means, including on any other website operated by Company or any third party (including our affiliates and subsidiaries); or
• Any third party (including our affiliates and subsidiaries), including through any application or content (including advertising) that may link to or be accessible from or through the Website.

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.

YOUR CONSENT TO THIS PRIVACY POLICY

By using the Platform, or otherwise providing information to us, you agree to this Privacy Policy. If you do not agree with this Privacy Policy, please do not use the Platform. You may withdraw your consent by requesting deletion of your information or otherwise exercising your rights in accordance with the section below regarding Accessing and Correcting your Information.

CHILDREN UNDER THE AGE OF 16

Our Website is not intended for children under 16 years of age. No one under age 16 may provide any information to or on the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website or through any of its features, register on the Website, make any purchases through the Website, use any of the interactive or public comment features of this Website, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information.  California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see Your State Privacy Rights for more information.

INFORMATION WE COLLECT ABOUT YOU AND HOW WE COLLECT IT

We collect several types of information from and about users of our Website, including information:

• By which you may be personally identified, such as name, email address, telephone number, or any other identifier by which you may be contacted online or offline (“personal information“);
• That is about you but individually does not identify you; and/or
• About your internet connection, the equipment you use to access our Website, and usage details.

We collect this information:

• Directly from you when you provide it to us.
• Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, web beacons, and other tracking technologies.

INFORMATION YOU PROVIDE TO US

The information we collect on or through our Website may include:

• Information that you provide by filling in forms on our Website. This includes information provided at the time of registering to use our Website, subscribing to our service, posting material, or requesting further services. We may also ask you for information when you enter a contest or promotion sponsored by us, and when you report a problem with our Website.
• Records and copies of your correspondence (including email addresses) if you contact us.
• Your responses to surveys that we might ask you to complete for research purposes.
• Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.
• Your search queries on the Website.

You also may provide information to be published or displayed (hereinafter, “posted“) on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, “User Contributions“). Your User Contributions are posted on and transmitted to others at your own risk. Although we limit access to certain pages, please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.

Please understand that, if you include personal information in User Contributions, others will be able to read, collect, re-publish, and otherwise freely use the information. We are not responsible for personal information you decide to include in User Contributions. For example, we do not assume any obligation or responsibility to take down, remove, or edit User Contributions, except as required by applicable law, although we reserve the right to do so at our discretion. If you include in your User Contributions any personal information relating to others, you represent that you have full permission and authority to do so.

INFORMATION WE COLLECT THROUGH AUTOMATIC DATA COLLECTION TECHNOLOGIES

As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:

• Details of your visits to our Website, including traffic data, location data, logs, and other communication data and the resources that you access and use on the Website.
• Information about your computer and internet connection, including your IP address, operating system, and browser type.

We also may use these technologies to collect information about your online activities over time and across third-party websites or other online services (behavioral tracking). Contact us at https://jackmcadoo.com/contact for information on how you can opt out of behavioral tracking on this website and how we respond to web browser signals and other mechanisms that enable consumers to exercise choice about behavioral tracking.

The information we collect automatically may include personal information. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:

• Estimate our audience size and usage patterns.
• Store information about your preferences, allowing us to customize our Website according to your individual interests.
• Speed up your searches.
• Recognize you when you return to our Website.

The technologies we use for this automatic data collection may include:

• Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
• Web Beacons. Pages of our Website and our emails may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or opened an email and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).

HOW WE USE YOUR INFORMATION

We use information that we collect about you or that you provide to us, including any personal information:

• To present our Website and its contents to you.
• To provide you with information, products, or services that you request from us.
• To fulfill any other purpose for which you provide it.
• To provide you with notices about your account or subscription, including expiration and renewal notices.
• To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
• To notify you about changes to our Website or any products or services we offer or provide through it.
• To allow you to participate in interactive features on our Website.
• In any other way we may describe when you provide the information.
• For any other purpose with your consent.

We may also use your information to contact you about our own and third-parties’ goods and services that may be of interest to you. If you do not want us to use your information in this way, please email us at jack@jjmmediagroup.com. For more information, see Choices About How We Use and Disclose Your Information.

We may use the information we have collected from you to enable us to display advertisements to our advertisers’ target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.

DISCLOSURE OF YOUR INFORMATION

We may disclose aggregated information about our users, and information that does not identify any individual, without restriction.

We may disclose personal information that we collect or you provide as described in this privacy policy:

• To our subsidiaries and affiliates.
• To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them.
• To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of our, or any of our affiliates, assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by us about our Website users is among the assets transferred.
• To third parties to market their products or services to you if you have not opted out of these disclosures. For more information, see Choices About How We Use and Disclose Your Information.
• To fulfill the purpose for which you provide it. For example, if you give us an email address to use the “email a friend” feature of our Website, we will transmit the contents of that email and your email address to the recipients.
• For any other purpose disclosed by us when you provide the information.
• With your consent.

We may also disclose your personal information:

• To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
• To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
• If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of our personnel, our customers, or others. This includes exchanging information with other companies and organizations for the purposes of fraud protection and credit risk reduction.
• To protect against fraud, misuse, or unauthorized use of our Website or services.

CHOICES ABOUT HOW WE USE AND DISCLOSE YOUR INFORMATION

We strive to provide you with choices regarding the personal information you provide to us. We have created mechanisms to provide you with the following control over your information:

• Tracking Technologies and Advertising. You can set your browser to refuse all or some browser cookies, or to alert you when cookies are being sent. If you disable or refuse cookies, please note that some parts of this site may then be inaccessible or not function properly.
• Disclosure of Your Information for Third-Party Advertising. If you do not want us to share your personal information with unaffiliated or non-agent third parties for promotional purposes, you can opt-out by emailing us at jack@jjmmediagroup.com.
• Promotional Offers from the Company. If you do not wish to have your email address used by the Company to promote our own or third parties’ products or services, you can opt-out by sending us an email stating your request to jack@jjmmediagroup.com. If we have sent you a promotional email, you may send us a return email asking to be omitted from future email distributions. This opt out does not apply to information provided to the Company as a result of a product purchase, warranty registration, product service experience or other transactions.
• Targeted Advertising. If you do not want us to use information that we collect or that you provide to us to deliver advertisements according to our advertisers’ target-audience preferences, you can opt-out by emailing us at jack@jjmmediagroup.com.

We do not control third parties’ collection or use of your information to serve interest-based advertising. However these third parties may provide you with ways to choose not to have your information collected or used in this way. You can opt out of receiving targeted ads from members of the Network Advertising Initiative (“NAI“) on the NAI’s website.

Residents of certain states, such as California, Nevada, Colorado, Connecticut, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

ACCESSING AND CORRECTING YOUR INFORMATION

For applicable Websites, you can review and change your personal information by logging into the Website and visiting your account profile page.

You may also send us an email at jack@jjmmediagroup.com to request access to, correct or delete any personal information that you have provided to us. We cannot delete your personal information except by also deleting your user account. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect.

If you delete your User Contributions from the Website, copies of your User Contributions may remain viewable in cached and archived pages, or might have been copied or stored by other Website users. Proper access and use of information provided on the Website, including User Contributions, is governed by our terms of use.

Residents of certain states, such as California, Nevada, Colorado, Virginia, and Utah may have additional personal information rights and choices. Please see Your State Privacy Rights for more information.

YOUR STATE PRIVACY RIGHTS

State consumer privacy laws may provide their residents with additional rights regarding our use of their personal information. To learn more about California residents’ privacy rights, visit https://oag.ca.gov/privacy/ccpa.

Colorado, Connecticut, Virginia, and Utah each provide their state residents with rights to:

• Confirm whether we process their personal information.
• Access and delete certain personal information.
• Data portability.
• Opt-out of personal data processing for targeted advertising and sales.

Colorado, Connecticut, and Virginia also provide their state residents with rights to:

• Correct inaccuracies in their personal information, taking into account the information’s nature processing purpose.
• Opt-out of profiling in furtherance of decisions that produce legal or similarly significant effects.

To exercise any of these rights please email us at jack@jjmmediagroup.com. To appeal a decision regarding a consumer rights request email us at jack@jjmmediagroup.com.

Nevada provides its residents with a limited right to opt-out of certain personal information sales. Residents who wish to exercise this sale opt-out rights may submit a request to this designated address: jack@jjmmediagroup.com. However, please know we do not currently sell data triggering that statute’s opt-out requirements.

CCPA COMPLIANCE

The CCPA affords California consumers the rights with respect to their personal information set forth in this section.

RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED, USED, DISCLOSED, OR SOLD

California consumers have the right to request that the Company disclose what personal information it has collected, used, disclosed, and sold over the 12-month period preceding the Company’s receipt of such a request. To exercise this right, a California consumer must submit to the Company a verifiable request to know such information. This request can be submitted by following the procedures set forth in the Contact Us section.

RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION

California consumers have the right to request the deletion of their personal information collected or maintained by the Company. To exercise this right, a California consumer must submit to the Company a verifiable request to delete such information. This request can be submitted by following the procedures set forth in the Contact Us section.

RIGHT TO NON-DISCRIMINATION FOR THE EXERCISE OF A CONSUMER’S PRIVACY RIGHTS

California consumers have the right to not be discriminated against because the consumer exercised any of the consumer’s rights under the CCPA.  That means that the company may not deny goods or services to the consumer, charge different rates for goods or services, or provide a different level or quality of goods or services if the consumer chooses to exercise their rights under the CCPA (unless the different rate or different level or quality is reasonably related to the value to the business of the consumer’s data).

SUBMITTING A CCPA DATA REQUEST

To submit a request to know about the personal information we collect about you as described in herein or a request for deletion of your personal information as discussed above, please contact us by emailing us at jack@jjmmediagroup.com.

We are required to verify the identity of the individual requesting access to a consumer’s data or requesting deletion of a consumer’s data.  To verify your identity, you must provide:

• user id and password for the site in question; or
• if we have previously received your email address, we may verify that you have access to that email address by sending a verification code; or
• If we have previously received your mobile number, we may text you a verification code.

AUTHORIZED AGENT

California consumers may designate an authorized agent to exercise a CCPA right on the consumer’s behalf. If a consumer utilizes an authorized agent to exercise a CCPA right, the following proof that the agent has been authorized to act on the consumer’s behalf will need to be provided:

• Proof of written permission by the consumer for the authorized agent to act on his or her behalf and separate verification of the consumer; or

• Proof that the authorized agent holds a power of attorney to act on the consumer’s behalf pursuant to Cal. Probate Code §§ 4000-4465.

NOTICE OF INTERNATIONAL DATA TRANSFERS‍

We are based in the United States. We do not target our services towards individuals outside the United States. If you are accessing the Services from outside of the United States, please be aware that information collected through the Services may be transferred to, processed, stored, and used in the United States and other jurisdictions. Data protection laws in the United States and other jurisdictions may be different from those of your country of residence. Your use of the services or provision of any information therefore constitutes your consent to the transfer to and from, processing, usage, disclosure, and storage of information about you in the United States and other jurisdictions as set out in this Privacy Policy.

ADDITIONAL POLICIES IN COMPLIANCE WITH THE EEA PRIVACY LAWS

In addition to the other policies described in this Privacy Policy, residents of the European Union or the EEA are afforded the following additional rights and protections as required by the General Data Privacy Regulation (“GDPR”). The additional rights and protections set forth in this section of this Policy apply only to residents of the European Union or the EEA.

GDPR DEFINITIONS

The following additional definitions apply to this section of the privacy policy:

“Controller” means the Company which is the organization that determines the purposes for which, and the manner in which, any personal information is Processed and used in its business.

“Processor” means any Person Processing personal information.

“Person” means a natural person, corporation, association, organization, partnership, or other legal entity.

“Processing” is any activity that involves use of personal information. It includes, without limitation, obtaining, recording or holding the personal information, or carrying out any operation or set of operations on the personal information including organizing, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring personal information to third parties.

THE LEGAL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION

In order to comply with the GDPR, we are required to set out the legal basis for the processing of your personal information. In accordance with the purposes for which we collect and use your personal information, as set out above, the legal basis for processing your personal information will typically be one of the following:

• our own legitimate business interests, or the legitimate business interests of our third party partners, promoters, affiliates, distributors, suppliers, vendors, and subcontractors, such as, for example, providing direct marketing to our customers of our products and services that we think would be of interest, permitting prospective employees to search and apply for job opportunities, handling inquiries from our promoters, affiliates, distributors, vendors, and customers, or other instances where we have carried out a legitimate interests assessment and have established an existing legitimate interest;
• the performance of a contract that we have in place with you;
• your consent where appropriate; or
• compliance with our legal obligations, including to meet national security or law enforcement requirements.

WHERE WE STORE YOUR PERSONAL INFORMATION

The data that we collect from you is stored on our servers or on servers provided by cloud service providers. If you are a resident of the EEA, your personal information may be transferred within or outside the EEA to areas where privacy laws may be less strict than in the EEA (for such transfers of your personal information to our systems in the United States, we comply with the US-EU Privacy Shield Framework and Swiss-US Privacy Shield Framework as set forth here). By submitting your personal information, you agree to this transfer, storing, and processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this Privacy Policy.

Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your personal information, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.

ADDENDUM TO HOW LONG WE STORE YOUR PERSONAL INFORMATION

In some cases, there is a legal requirement to keep personal information for a minimum period of time. Except in those circumstances, we do not keep your personal information for any longer than is necessary for the purposes for which the personal information was collected or for which it is to be further processed.

YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL INFORMATION

Subject to certain exceptions, you have the following rights with respect to your personal information:

• To receive or access a copy of the personal information that we hold about you;
• To request that any inaccurate or incomplete personal information be corrected or supplemented;
• To have your personal information erased, unless we have a legitimate reason to retain the personal information (such as if we are required to do so for legal reasons); and
• To ask us not to process your personal information for a particular purpose, including for marketing.
• All of these rights are subject to certain conditions and exemptions. For example, we will not be obligated to erase your personal information if we need to retain it to protect ourselves in the event of a legal claim.

To exercise any of these rights, please submit a written request to us using the contact information set forth below. The Company reserves the right to charge a fee in dealing with such a request as permitted by applicable law and regulations. You may also opt out of receiving additional marketing information by using the unsubscribe feature in any marketing email we send you.

DATA SECURITY

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

CHANGES TO OUR PRIVACY POLICY

It is our policy to post any changes we make to our privacy policy on this page with a notice that the privacy policy has been updated on the Website home page. If we make material changes to how we treat our users’ personal information, we will notify you by email to the primary email address specified in your account and through a notice on the Website home page. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.

CONTACT INFORMATION

To ask questions or comment about this privacy policy and our privacy practices, contact us at: jack@Jjmmediagroup.com