TERMS OF USE
The following terms (“Terms of Use”) constitute an agreement between Zoe Linn Jarvis (“Zoe Linn Jarvis”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the website administered by Zoe Linn Jarvis (“Website”), located at https://www.zoelinnjarvis.com/
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Zoe Linn Jarvis reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
Use of the Website:
Unless otherwise stated, Zoe Linn Jarvis owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.
You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
The following uses are not permitted:
Republication of content from the Website, unless content is specifically and expressly made available for republication;
Sale, rental or sub-license of any content from the Website;
Reproduction or duplication of any content on the Website for commercial purposes;
Modification of any content on this website, unless content is specifically and expressly made available for modification;
Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.
From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of Zoe Linn Jarvis’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to Zoe Linn Jarvis.
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without Zoe Linn Jarvis’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Zoe Linn Jarvis’s express written permission.
Copyright:
Unless otherwise noted, the design, content and all components of the Website are copyrights owned by Zoe Linn Jarvis and are protected by United States and international copyright laws and should not be reused or republished without express written permission.
Trademarks:
Zoe Linn Jarvis trademarks and trade dress may not be used in connection with any product or service that is not Zoe Linn Jarvis’s in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits Zoe Linn Jarvis or the brand Zoe Linn Jarvis.
Grant of Rights:
You grant Zoe Linn Jarvis a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Zoe Linn Jarvis the right to sub-license these rights and the right to bring an action for infringement of these rights.
Providing Correct Personal Information:
In the course of using the Website, you may be required to enter certain information, including without limitation personal information (collectively, “Information”). You represent and warrant that you will provide Zoe Linn Jarvis with full, true and correct Information, and to update such Information on the Website promptly as reasonably necessary and as required by Zoe Linn Jarvis.
Viewing, Accessing and Use Outside the United States:
If and when any products or services referenced on the Website become available, they will become available in the United States and may not become available elsewhere. Zoe Linn Jarvis makes no claims that the Website or any products or services referenced therein may be lawfully viewed, accessed or used outside the United States. Access or use of the Website or any products or services referenced therein may not be legal by certain persons or in certain countries. If you access or use The Website from outside of the United States, you do so at your own risk and you are responsible for compliance with the laws of your jurisdiction.
Indemnity:
You agree to defend, indemnify and hold harmless Zoe Linn Jarvis, its members, subsidiaries, affiliates, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Zoe Linn Jarvis suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
DISCLAIMER:
THE SITE IS PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. YOU AGREE THAT YOUR USE OF THE SITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE SITE AND YOUR USE THEREOF, INCLUDING, WITHOUT LIMITATION, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE SITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE SITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE SITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE SITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE SITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE SITE. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY THROUGH THE SITE, ANY HYPERLINKED WEBSITE, OR ANY WEBSITE OR MOBILE APPLICATION FEATURED IN ANY BANNER OR OTHER ADVERTISING, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND ANY 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.
LIMITATIONS OF LIABILITY:
ZOE LINN JARVIS WILL NOT BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA OR USE, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE SITE, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Dispute Resolution (Arbitration Clause):
Binding Arbitration. You and Zoe Linn Jarvis each agree to submit to binding arbitration in the event of a dispute, controversy or claim (each, a “Dispute”) arising out of or in connection with these Terms or the breach, termination, enforcement, interpretation or validity thereof (including the determination of the scope or applicability of these Terms to arbitrate), your or Zoe Linn Jarvis’s rights and obligations under these Terms, the Website, the use of the Website, and/or the information, services and/or products that may be provided by or through or in connection with the Website. The arbitration will be held in Fairfax, Virginia before one arbitrator on an individual basis and not as a class action. You expressly waive any right you may have to arbitrate a dispute as a class action. You also expressly waive your right to a jury trial. Each party shall be responsible for its own attorney, expert and other fees, unless such fees are awarded by the arbitrator to the prevailing party. Notwithstanding anything to the contrary in this Section, to the extent you have in any manner violated or threatened to violate Zoe Linn Jarvis’s intellectual property rights, Zoe Linn Jarvis may seek (and you will not contest) injunctive or other appropriate relief in any local or federal court in Fairfax, Virginia and you consent to exclusive jurisdiction and venue in such courts.
Arbitration Final. The arbitrator’s award is final and binding on all parties. The Federal Arbitration Act, and not any state law concerning arbitration, governs all arbitration under this clause. Any court having jurisdiction may enter judgment on the arbitrator’s award. If any part of this clause, other than waivers of class action rights, is deemed or found to be unenforceable for any reason, the remainder shall remain enforceable. Notwithstanding anything to the contrary contained herein, if the waiver of class action rights contained herein is not enforceable as to any person or persons, such non-enforceability shall apply to such person or persons only, and all other persons shall continue to be governed by the Arbitration Clause.
Giving Up Right of Class Action. These Terms provide that all Disputes will be resolved by binding arbitration and not in court or by jury trial. IF A DISPUTE IS ARBITRATED, YOU GIVE UP YOUR RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER ON ANY CLASS CLAIM YOU MAY HAVE AGAINST ZOE LINN JARVIS ENTITIES INCLUDING ANY RIGHT TO CLASS ARBITRATION OR ANY CONSOLIDATION OF INDIVIDUAL ARBITRATIONS. WITHOUT LIMITATION, THIS INCLUDES GIVING UP YOUR RIGHTS TO BRING OR PARTICIPATE IN A CLASS ACTION AS SET FORTH IN ANY STATE STATUTE.
California Residents. If you are a California resident, to the extent permitted by California law, you waive California Civil Code Section 1542, which states: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor” as well as any other unknown claims under California Civil Code Section 1542 or any statute or common law principle of similar effect.
Miscellaneous Provisions:
If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.
The Terms of Use may not be assigned by you without Zoe Linn Jarvis’s prior written consent, however, the Terms of Use may be assigned by Zoe Linn Jarvis in its sole discretion.
The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by Zoe Linn Jarvis.
All notices with respect to the Terms of Use must be in writing and may be via email to INSERT EMAIL ADDRESS for Zoe Linn Jarvis and to your email address.
PRIVACY POLICY
What information do we collect and how is it used?
Information You Voluntarily Submit to the Website: The Website may collect personal information from you such as your name or email address. For example, you may voluntarily submit information to the Website by leaving a comment, subscribing to a newsletter, or submitting a contact form.
Information We Collect from Others: The Website may receive information about you from other sources. For example, if you use a third-party software through the site, they may transfer information to us for fulfillment.
Automatically-Collected Information: The Website automatically collects certain information about you and the device with which you access the Website. For example, when you use the Website, The Website will log your IP address, operating system type, browser type, referring website, pages you viewed, and the dates/times when you accessed the Website. The Website may also collect information about actions you take when using the Website, such as links clicked.
Cookies: The Website may log information using cookies, which are small data files stored on your browser by the Website. The Website may use both session cookies, which expire when you close your browser, and persistent cookies, which stay on your browser until deleted, to provide you with a more personalized experience on the Website.
How your information may be used:
The Website may use the information collected in the following ways:
To operate and maintain the Website;
To send you promotional information, such as newsletters. Each email promotion will provide information on how to opt-out of future mailings;
To send you administrative communications, such as administrative emails, confirmation emails, technical notices, updates on policies, or security alerts;
To respond to your comments or inquiries;
To provide you with user support;
To protect, investigate, and deter against unauthorized or illegal activity.
Third-party use of personal information:
The Website may share your information with third parties when you explicitly authorize us to share your information. Additionally, the Website may use third-party service providers to service various aspects of the Website. Each third-party service provider’s use of your personal information is dictated by their respective privacy policies. The Website currently uses the following third-party service providers:
Squarespace Analytics – this service tracks Website usage and provides information such as referring websites and user actions on the Website. Google Analytics may capture your IP address, but no other personal information is captured by Google Analytics.
At this time, your personal information is not shared with any other third-party applications. This list may be amended from time to time in the Website’s sole discretion.
Except when required by law, Zoe Linn Jarvis will not sell, distribute, or reveal your email addresses or other personal information without your consent; however, Zoe Linn Jarvis may disclose or transfer personal information collected through the Website to third parties who acquire all or a portion of our business, which may be the result of a merger, consolidation, or purchase of all or a portion of our assets, or in connection with any bankruptcy or reorganization proceeding brought by or against us.
Cookies:
The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described herein.
Users may, at any time, prevent the setting of cookies, by the Website, by using a corresponding setting of your internet browser and may thus permanently deny the setting of cookies. Furthermore, already set cookies may be deleted at any time via an Internet browser or other software programs. This is possible in all popular Internet browsers. However, if users deactivate the setting of cookies in your Internet browser, not all functions of our Website may be entirely usable.
Content Contributed to the Website:
Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Zoe Linn Jarvis or a third party.
Zoe Linn Jarvis reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Zoe Linn Jarvis’s servers; or, (iii) hosted or published on the Website. Zoe Linn Jarvis takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Zoe Linn Jarvis’s rights under the Terms of Use, Zoe Linn Jarvis does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
Communication:
If you send Zoe Linn Jarvis an email, register to use the Website or provide your email to Zoe Linn Jarvis in any other way, you consent to receive communications from Zoe Linn Jarvis electronically. You agree that all legal notices provided via electronic means from Zoe Linn Jarvis satisfy any requirement for written notice.
Third Parties:
You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. Zoe Linn Jarvis assumes no control or liability over the content of any third-party sites. You expressly hold harmless Zoe Linn Jarvis from any and all liability related to your use of a third-party website.
Prior to engaging in any events or commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Website, you expressly hold Zoe Linn Jarvis harmless from any and all liability in any dispute.
No Warranties:
The Website are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. Zoe Linn Jarvis makes no representations or warranties in relation to the Website or the information and materials provided therein.
Zoe Linn Jarvis makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. Zoe Linn Jarvis is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language.