Janis R. Dickey, PhD / John R Dickey LLC
Website Terms of Use and Privacy Policy
Ownership of Site; Agreement to Terms of Use
These Terms and Conditions of Use (the “Terms of Use”) apply to the Janis R. Dickey, PhD/John R Dickey LLC web site located at https://janisrdickey.pubsitepro.com, mobile applications that link to or reference these Terms of Use, and all associated sites linked to https://janisrdickey.pubsitepro.com by Janis R. Dickey, PhD/John R Dickey LLC (collectively, the “Site”). The Site is the property of Janis R. Dickey, PhD/John R Dickey LLC (“JRD”) and licensors. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.
JRD reserves the right, at her sole discretion, to change, modify, add or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, JRD grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.
Content
All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to JRD, and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.
Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, web site or other medium for publication or distribution or for any commercial enterprise, without JRD’s express prior written consent.
Your Use of the Site
You may not use any “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. JRD reserves the right to bar any such activity.
You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any JRD server, or to any of the services offered on or through the Site, by hacking, password “mining” or any other illegitimate means.
You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of JRD, including any JRD account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site.
You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or JRD’s systems or networks, or any systems or networks connected to the Site.
You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site.
You may not forge headers or otherwise manipulate identifiers in order to disguise the origin of any message or transmittal you send to JRD on or through the Site or any service offered on or through the Site. You may not pretend that you are, or that you represent, someone else, or impersonate any other individual or entity.
You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of JRD or others.
The JRD website and some services from JRD are available on mobile devices. Do not use JRD in a way that distracts you and prevents you from obeying traffic or safety laws.
Business uses of JRD Website and Services
If you are using the JRD website or JRD services on behalf of a business, that business accepts these terms. It will hold harmless and indemnify JRD and her affiliates, officers, agents, and employees from any claim, suit or action arising from or related to the use of the website or services, or violation of these terms, including any liability or expense arising from claims, losses, damages, suits, judgments, litigation costs and attorneys’ fees.
Other Terms and Conditions
Additional terms and conditions may apply to specific portions or features of the Site, including contests, promotions or other similar features, all of which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service.
JRD’s obligations, if any, with regard to her products and services are governed solely by the agreements pursuant to which they are provided, and nothing on this Site should be construed to alter such agreements.
JRD may make changes to any services offered on the Site without notice. The materials on the Site with respect to services may be out of date, and JRD makes no commitment to update the materials on the Site with respect to such services.
Privacy
By using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
Privacy Policy
Your privacy is important to JRD. So we’ve developed a Privacy Policy that covers how we collect, use, disclose, transfer, and store your information. Please take a moment to familiarize yourself with our privacy practices and let us know if you have any questions.
Collection and Use of Personal Information
Personal information is data that can be used to uniquely identify or contact a single person.
You may be asked to provide your personal information when you register on the Site. JRD and her affiliates may share this personal information with each other and use it consistent with this Privacy Policy. They may also combine it with other information to provide and improve our services, content, and advertising.
Here are some examples of the types of personal information JRD may collect and how we may use it.
What personal information we collect
If you provide your information to us at https://janisrdickey.pubsitepro.com, we may collect a variety of information, including your name, mailing address, phone number, email address, and carrier account credentials. You may, however, visit our site anonymously.
How we use your personal information
The personal information we collect allows us to keep you posted on information and updates pertaining to your JRD’s latest announcements and upcoming events. It also helps us to improve our services, content, and advertising, and better respond to your individual, specific needs. If you don’t want to be on our mailing list, you can opt out anytime by following the unsubscribe instructions at the bottom of emails from JRD.
We also use personal information to help us develop, deliver, and improve our customer services, content, and advertising.
From time to time, we may use your personal information to send important notices, such as communications about changes to our terms, conditions, and policies. Because this information is important to your interaction with JRD, you may not opt out of receiving these communications.
We may also use personal information for internal purposes such as auditing, data analysis, and research to improve our services and customer communications.
Your information, whether public or private, will not be sold, exchanged, transferred or given to any other company for any reason whatsoever, without your consent, other than for the express purpose of delivering the purchased product or service requested.
Collection and Use of Non-Personal Information
We also collect non-personal information − data in a form that does not permit direct association with any specific individual. We may collect, use, transfer, and disclose non-personal information for any purpose. The following are some examples of non-personal information that we collect and how we may use it:
We may collect information such as occupation, language, zip code, area code, unique device identifier, location, and the time zone where JRD is used so that we can better understand customer behavior and improve our services and advertising.
We also may collect information regarding customer activities on our website and from our other services. This information is aggregated and used to help us provide more useful information to our customers and to understand which parts of our website and services are of most interest. Aggregated data is considered non-personal information for the purposes of this Privacy Policy.
If we do combine non-personal information with personal information the combined information will be treated as personal information for as long as it remains combined.
Cookies and Other Technologies
The https://janisrdickey.pubsitepro.com website, online services, interactive applications, email messages, and advertisements may use “cookies” and other technologies such as pixel tags and web beacons. These technologies help us better understand user behavior, tell us which parts of our website people have visited, and facilitate and measure the effectiveness of advertisements and web searches. We treat information collected by cookies and other technologies as non-personal information. However, to the extent that Internet Protocol (IP) addresses or similar identifiers are considered personal information by local law, we also treat these identifiers as personal information. Similarly, to the extent that non-personal information is combined with personal information, we treat the combined information as personal information for the purposes of this Privacy Policy.
JRD and our partners also use cookies and other technologies to remember personal information when you use our website, online services, and applications. Our goal in these cases is to make your experience with JRD more convenient and personal.
If you want to disable cookies check with your browser provider to find out how to disable cookies. Please note that certain features of JRD website may not be available once cookies are disabled.
As is true of most websites, we gather some information automatically and store it in log files. This information includes Internet Protocol (IP) addresses, browser type and language, Internet service provider (ISP), referring and exit pages, operating system, date/time stamp, and clickstream data.
We use this information to understand and analyze trends, to administer the site, to learn about user behavior on the site, and to gather demographic information about our user base as a whole. JRD may use this information in our marketing and advertising services.
In some of our email messages, we use a “click-through URL” linked to content on the JRD website. When customers click one of these URLs, they pass through a separate web server before arriving at the destination page on our website. We track this click-through data to help us determine interest in particular topics and measure the effectiveness of our customer communications. If you prefer not to be tracked in this way, you should not click text or graphic links in the email messages.
Pixel tags enable us to send email messages in a format customers can read, and they tell us whether mail has been opened. We may use this information to reduce or eliminate messages sent to customers.
Disclosure to Third Parties
JRD does not sell, trade, or otherwise transfer to outside parties your personally identifiable information. This does not include trusted third parties who assist us in operating our website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential. However, non-personally identifiable information may be provided to other parties for marketing, advertising, or other uses.
Others
It may be necessary − by law, legal process, litigation, and/or requests from public and governmental authorities within or outside your country of residence − for JRD to disclose your personal information. We may also disclose information about you if we determine that for purposes of national security, law enforcement, or other issues of public importance, disclosure is necessary or appropriate.
We may also disclose information about you if we determine that disclosure is reasonably necessary to enforce our terms and conditions or protect our operations or users. Additionally, in the event of a reorganization, merger, or sale we may transfer any and all personal information we collect to the relevant third party.
Protection of Personal Information
JRD takes precautions — including administrative, technical, and physical measures — to safeguard your personal information against loss, theft, and misuse, as well as against unauthorized access, disclosure, alteration, and destruction.
Integrity and Retention of Personal Information
JRD makes it easy for you to keep your personal information accurate, complete, and up to date. We will retain your personal information for the period necessary to fulfill the purposes outlined in this Privacy Policy unless a longer retention period is required or permitted by law.
Location-Based Services
To provide location-based services on JRD, JRD and our partners and licensees may collect, use, and share precise location data, including the real-time geographic location of your computer or device. This location data is collected anonymously in a form that does not personally identify you and is used by JRD and our partners and licensees to provide and improve location-based services. For example, we may share geographic location with application providers when you opt in to their location services.
Some location-based services offered by JRD may require your personal information for the feature to work.
Third-Party Sites and Services
JRD websites, applications, and services may contain links to third-party websites, products, and services. Our services may also use or offer products or services from third parties. Information collected by third parties, which may include such things as location data or contact details, is governed by their privacy practices. We encourage you to learn about the privacy practices of those third parties.
International Users
Information you provide may be transferred or accessed by entities around the world as described in this Privacy Policy. JRD abides by the “safe harbor” frameworks set forth by the U.S. Department of Commerce regarding the collection, use, and retention of personal information collected by organizations in the European Economic Area and Switzerland.
Our Commitment to Your Privacy
To make sure your personal information is secure, we communicate our privacy and security guidelines to JRD employees and strictly enforce privacy safeguards within JRD.
Privacy Questions
If you have any questions or concerns about the JRD Privacy Policy or data processing, please contact us.
JRD may update her Privacy Policy from time to time. When we change the policy in a material way, a notice will be posted on our website along with the updated Privacy Policy.
Links to Other Sites
This Site may contain links to other independent third-party Web sites (“Linked Sites”). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under JRD’s control, and JRD is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.
Disclaimers
JRD DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. JRD CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. JRD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. JRD DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY JRD SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST JRD FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.
The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.
JRD reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.
Limitation of Liability
Except where prohibited by law, in no event will JRD be liable to you for any indirect, consequential, exemplary, incidental or punitive damages, including lost profits, even if JRD has been advised of the possibility of such damages.
If, notwithstanding the other provisions of these Terms of Use, JRD is found to be liable to you for any damage or loss which arises out of or is in any way connected with your use of the Site or any Content, JRD’s liability shall in no event exceed the greater of (1) the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the six months prior to the date of the initial claim made against JRD, or (2) US$100.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.
Indemnity
You agree to indemnify and hold JRD, her successors in interest, employees, agents, subsidiaries and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against JRD by any third party due to or arising out of or in connection with your use of the Site.
Violation of These Terms of Use
JRD may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) JRD’s rights or property, or the rights or property of visitors to or users of the Site, including JRD’s customers. JRD reserves the right at all times to disclose any information that JRD deems necessary to comply with any applicable law, regulation, legal process or governmental request. JRD also may disclose your information when JRD determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.
You acknowledge and agree that JRD may preserve any transmittal or communication by you with JRD through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or JRD determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of JRD, her employees, users of or visitors to the Site, and the public.
You agree that JRD may, in her sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to JRD, for which monetary damages would be inadequate, and you consent to JRD obtaining any injunctive or equitable relief that JRD deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies JRD may have at law or in equity.
You agree that JRD may, in her sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.
If JRD does take any legal action against you as a result of your violation of these Terms of Use, JRD will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to JRD. You agree that JRD will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.
Governing Law; Dispute Resolution
You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the United States and by the laws of the State of Kansas without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the state courts in Johnson County, Kansas, and federal courts in Wyandotte County, Kansas, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. No recovery may be sought or received for damages other than out-of-pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between JRD and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.
Miscellaneous
You may not use or export or re-export any Content or any copy or adaptation of such Content, or any service offered on the Site, in violation of any applicable laws or regulations, including without limitation United States export laws and regulations.
If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and JRD with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and JRD with respect to such use are hereby superseded and cancelled. JRD will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. JRD’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by JRD of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between JRD and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties.
Feedback and Information
Any feedback you provide at this site shall be deemed to be non-confidential. JRD shall be free to use such information on an unrestricted basis.
The information contained in this web site is subject to change without notice.
Copyright © 2020 Janis R. Dickey, PhD/John R Dickey LLC. All rights reserved.
Last updated February, 2020