Terms and Conditions
Updated August 1, 2023
The following policies are detailed below:
Terms of Use
The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of dacmedium.com, including any content, functionality and services offered on or through dacmedium.com (hereinafter the “Website”), whether as a guest or a registered user.
Please review the Terms of Use carefully before you use the Website. By using the Website, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use including the agreements incorporated by reference herein, you must not access or use the Website.
You must be 18 years of age or older to purchase services through this website. By using this Website, you represent and warrant that you are of legal age to form a binding contract with the Website.
Changes to the Terms of Use
From time to time and at its sole discretion, the Website may revise and update the Terms of Use. All changes are effective immediately upon posting and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. It is your responsibility to check this page from time to time to ensure that you are aware of any changes because they are binding on you. .
Privacy Policy
Your use of the Website is also subject to the Website’s Privacy Policy. Please review our Privacy Policy, which also governs the Website and informs you of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Disclaimer
Your use of the Website is also subject to the Website’s Disclaimer. Please review our Disclaimer, which also governs the Website and informs users of various limitations regarding the information and services provided by this Website. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Children and Minors.
The Website does not encourage the use of this site by children less than 13 years of age. The Website does not encourage visits by children under the age of 13 and it does not knowingly collect personal information from children under 13. If the Website learns that it has collected or received personal information from a child under 13 without verification of parental consent, it will delete that information.
You must be 18 years of age or older to purchase services from this site. If you are under 18 years of age, you may only purchase services or merchandise in conjunction with a parent or legal guardian. In such circumstances, it is the parent or legal guardian who is the actual purchaser and who is liable for any and all activities.
Linked Websites and Third Party Services
Our Website may provide links to other third-party websites and services that are not co-branded or affiliated with us. These links and websites are outside our control and are not covered by this Privacy Policy. We encourage you to review the privacy policies posted on these (and all) sites you visit or services you use.
Changes to Offerings
The Websites may modify or discontinue its website, any portion thereof, or any services, tools, digital products, products, events or courses related thereto with or without notice to you and without liability to you or any third party, except as otherwise provided herein.
For Entertainment And Informational Purposes Only
As stated in the Disclaimer, the services and information offered on this Website, including but not limited to readings and consultations, blogs, podcasts, programs and course offerings are for entertainment, educational and informational purposes only. They are not intended as, and shall not be understood or construed as, medical, legal, financial, business or any other type of professional advice.
No Unlawful or Prohibited Use of Intellectual Property
You acknowledge that (i) content on the Website is protected by copyrights, trademarks and other intellectual and proprietary rights (“Rights”); (ii) these Rights are valid and protected in all media and technologies existing now or later developed; and (iii) except as explicitly provided otherwise, the Terms and Conditions and applicable copyright, trademark and other laws govern your use of such content. You may not copy, reproduce, retransmit, distribute, publish, commercially exploit or otherwise transfer any material that infringes upon the copyright and intellectual property rights. You agree that unauthorized access, distribution, reproduction, copying, retransmission, publication, sale, exploitation (commercial or otherwise), or any other form of transfer of any portion of the Website, including but not limited to all content, services, digital products, courses, events, tools or products is hereby expressly prohibited.
Limitation of Liability
You agree that the Website shall not be held liable for any direct, indirect, incidental or consequential damages resulting from the use or the inability to use its website, as well as from the use of any of its services, including but not limited to readings and consultations, blogs podcasts, programs and course offerings. You further agree that the Website shall not be held liable for typographical errors.
Global Users
This Website and its services are owned, operated and administered from its office in the United States of America (hereinafter “USA”). If you access the Website from a location outside of the USA, you are responsible for compliance with your local laws.
Indemnification
You agree to indemnify, defend, and hold harmless the Website, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Website reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Website in asserting any available defenses.
Termination
The Website reserves the right, at its sole discretion, to immediately suspend or terminate your access to the Website and the related services, or any portion thereof, at any time without notice, including your ability to access the Website and/or any other service, tool, specific content, digital products, products, courses or events provided to you by the Website upon any breach by you of these Terms and Conditions or otherwise.
Copyright and Intellectual Property Policy
It is the policy of the Website to respect intellectual property rights of others. Accordingly, the Websites will process and investigate notices of alleged infringement and take appropriate actions pursuant to the Digital Millennium Copyright Act, Title 17, United States Code, Section 512©(2) (hereinafter “DCMA”) and other applicable intellectual property laws.
A. Notification of Alleged Copyright or Intellectual Property Infringement
Pursuant to DCMA, all notifications of alleged copyright infringement should be sent to the service provider’s designated agent.
The name of the Agent designated to receive notice of the claimed infringement is: Debra A. Clement.
The full address of the Designated Agent to which notification should be sent is:
Northwest Registered Service, Inc.
4030 Wake Forest Rd
Suite 349
Raleigh, NC 27609
B. Requirements for Reporting Alleged Copyright Infringement
To be considered an effective notice, the notification must be a written communication to the Designated Agent that includes the following:
A physical or electronic signature of a person who is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
Identification of the copyrighted work claimed to have been infringed upon, or if multiple copyrighted works at a single online site are covered by a single notification, then it must include a representative list of such works at that site; and
Identification of the material that is claimed to be infringing, or is claimed to be the subject of infringing activity, that is to be removed or to which access to it is to be disabled, together with any information reasonably sufficient to permit the service provider to locate the material; and
4. Information reasonably sufficient to permit the service provider to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted; and
5. A statement that the complaining party has a good-faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
C. Actions to be Taken by Designated Agent Pursuant to Notification of Alleged Copyright and Intellectual Property Infringement Claims
Upon receipt of a Notice that complies with the Copyright Act, The Websites will promptly remove the identified material and shall take reasonable steps to inform the user who posted the allegedly infringing material (the “alleged infringer”) of the Notice and its subsequent removal by us.
D. Counter-Notice to Designated Action
1. The alleged infringer may then provide us with a counter-notice (“Counter-Notice”) that the initial infringement notice was erroneous. Such Counter-Notice must be in writing and must include:
A physical or electronic signature of the alleged infringer; and
Identification of the material removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled; and
A statement under penalty of perjury that the alleged infringer has a good-faith belief that the material was removed or access to it disabled as a result of error; and
The alleged infringer’s name, address, and telephone number;
A statement of consent to jurisdiction in federal district court and that the alleged infringer consents to service of process from the complaining party or its agent.
2. Upon receipt of a Counter-Notice, we will notify you of the Counter-Notice and restore the material within 10 to 14 business days of receipt of the Counter-Notice unless you inform us that you have filed an action seeking a court order to restrain the allegedly infringing party from engaging in infringing activity relating to the material on our Site.
Applicable Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of North Carolina, without giving effect to its conflicts of laws provisions. By entering the website, you consent and submit to the exclusive jurisdiction and venue of the state and federal courts located in North Carolina.
Entire Agreement
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Website with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Website. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
Contact Information
If you have any questions about this Terms and Condition Policy or anything else about the Website, you can contact us at the following email address: debra@dacmedium.com