Terms & Conditions
Terms of Service
The Service is protected by copyright pursuant to U.S. and international copyright laws, and all rights are reserved by KLEMZ COUNSELING AND CONSULTING.
These terms and conditions (these “Terms”) govern your use the https://josephKlemz.com website (the “Site”) and any materials, online communications and other information that is or becomes available on the website, including vlogs, infographics, or other content. The Service is provided by Klemz Counseling and Consulting. By accessing the Site or otherwise using the Service, you accept and agree to be bound by these Terms, without limitation or qualification. If you do not accept any of these Terms, do not use the Service.
Limitation on Liability
To the extent permitted by law, under no circumstances shall Klemz Counseling and Consulting or any of its affiliates, partners, officers, directors, employees, subsidiaries, agents, or parents be held liable for any damages, whether direct, incidental, indirect, special, or consequential damages, including, without limitation: lost use, data, revenues, time, money, profits or goodwill arising from or in connection with the use, reliance on, or performance of the information on the website, even when Klemz Counseling and Consulting has been advised of the possibility of such damages. Klemz Counseling and Consulting shall not be liable for damages or injury caused in whole or in part, whether foreseeable or unforeseeable, and whether based in tort (including defamation), contract, strict liability or otherwise by the Service, the Information, or any third-party links therein. If you are dissatisfied with any aspect of the Service, your sole and exclusive remedy is to stop using the Service.
Klemz Counseling and Consulting is not liable for any loss, damages, or injury resulting from your access to, inability to access, receipt of any codes from or through, or reliance on any information obtained from or through the Service.
Indemnity
As a condition of your use of the Service, you agree to indemnify Klemz Counseling and Consulting and its affiliates, partners, officers, directors, employees, subsidiaries, and agents from and against any and all liabilities, expenses (including attorneys’ fees) and damages arising out of any and all claims resulting from your use of the Service, including without limitation any claims alleging facts that if true would constitute a breach by you of these Terms of Use. This indemnity shall include, without limitation, any claim of inaccuracy or defamation based on materials that you submit for use on the site.
General Disclaimer
The Service is designed to provide users with information to choose therapeutic education options for their children, understand the mental health industry, and find consultants and support in their community. The information available on the Service (“Information”) is provided free of charge as a user convenience and is to be used for informational purposes only. Much of the Information is provided by third parties, and may represent opinion or judgment or contain inadvertent technical oversights, factual inaccuracies, or typographical errors. Klemz Counseling and Consulting has no obligation to, and does not in the normal course, monitor or control any Information that is or becomes available through the Service, nor does Klemz Counseling and Consulting guarantee the accuracy or completeness of any Information. Klemz Counseling and Consulting is not responsible for any errors, inaccuracies, omissions or deficiencies in the Information. The Information is provided “as-is,” with no guarantees of completeness, non-infringement, accuracy or timeliness, and without warranties of any kind, express or implied. You therefore assume sole responsibility for all risks associated with the use of the Information and rely on such Information at your own risk. By using the Service, you acknowledge that Klemz Counseling and Consulting is in no way responsible for any consequences whatsoever to anyone arising from your use or interpretation of any Information contained within or linked to from the Service. Before making decisions based on the Information, you should consult with a professional therapist or other qualified professional and visit any programs or treatment centers you are considering. Klemz Counseling and Consulting does not represent that any information on the website may be downloaded outside of the United States.
Your Obligations
You may not use the Service for any unlawful purpose or in violation of these Terms. While using the Service, you shall abide by all applicable federal, state or local laws including those pertaining to such areas as libel, slander, defamation, trade libel, product disparagement, harassment, invasion of privacy, tort, obscenity, indecency and copyright or trademark infringement. Klemz Counseling and Consulting authorizes you to view and download the materials on the Service solely for your personal, non-commercial use. You may not sell or modify any information on the Service or reproduce, display, publicly perform, distribute or otherwise use such materials in any way for any public or commercial purpose without the advance written permission of Klemz Counseling and Consulting.
Copyright Policy
Klemz Counseling and Consulting respects the intellectual property rights of others. If you believe your work has been copied in a way that constitutes copyright infringement or are aware of any infringing material on the Service, please contact Klemz Counseling and Consulting at joe@josephklemz.com and provide the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Site; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Third-Party Sites
The Site and the Newsletter may contain links and references to third-party websites and resources. Klemz Counseling and Consulting provides these links solely to assist users in locating other resources that may be of interest to them. No reference or link to a third party or a third-party website shall constitute an endorsement by Klemz Counseling and Consulting of such third party or such third-party website. You assume sole responsibility and risk for your use of links to third-party websites. Klemz Counseling and Consulting does not operate or control any information, content, products or services on such third-party websites. Klemz Counseling and Consulting does not represent or endorse the accuracy or reliability of any of the information, content or advertisements contained on, distributed through, or linked, downloaded or accessed from any of the services contained on these third-party websites.
Specific Disclaimer of Warranties
All materials and services provided through the service, including those provided by links to third-party websites, are provided “as-is” without warranty of any kind. The content published on the service may include inaccuracies or typographical errors. Changes are periodically made to the information herein. Klemz Counseling and Consulting makes no representations and, to the fullest extent allowed by law, disclaims all warranties, express or implied, including, but not limited to warranties of non-infringement, merchantability and fitness for a particular purpose regarding the suitability of the information; the accuracy, reliability, completeness or timeliness of the content, services, products, text, graphics, links, or other items contained within the website, or the results obtained from accessing and using this site and/or the content contained herein. Klemz Counseling and Consulting does not warrant that the service will be uninterrupted or error-free, that defects will be corrected, or that this site, including the server that makes it available, is free of viruses or other harmful components. In addition, Klemz Counseling and Consulting shall not be liable to you or anyone else for any loss or injury caused in whole or part by contingencies beyond its control in procuring, compiling, interpreting, reporting or delivering the service and information through the site and you assume the entire cost of all necessary maintenance, repair or correction arising from any such loss or injury.
Modification
Klemz Counseling and Consulting shall have the right, at its sole discretion, to make improvements and/or changes to any aspect of the Service at any time and shall not be liable for the effects these alterations may have. Klemz Counseling and Consulting also reserves the right to modify these Terms at any time without notice. Because such modifications to these Terms shall be effective immediately upon posting, and your subsequent use of the Service after such posting shall conclusively be deemed to be acceptance by you of such modifications, you should review these Terms periodically.
Privacy Policy
Klemz Counseling and Consulting’s use of your personal information is subject to the Klemz Counseling and Consulting Privacy Policy
Miscellaneous
These Terms shall be deemed to include all other notices, policies, disclaimers, and other terms contained on the Service; provided, however, that in the event of a conflict between such other terms and these Terms, these Terms shall control. These Terms have been made in and shall be construed and enforced in accordance with Idaho law without regard to any conflict of law principles. Any claim or dispute between you and Klemz Counseling and Consulting, including any action to enforce these Terms, shall be brought in the federal or state courts located in Sandpoint, Idaho, and you agree to the exclusive and personal jurisdiction of these courts. If any provision is deemed to be unlawful or unenforceable, that shall not affect the validity and enforceability of the remaining provisions.
Copyright Information
Except where noted otherwise, all website contents Copyright ©2022 Klemz Counseling and Consulting. All rights reserved under United States and foreign law. No part of the materials on the Site or otherwise made available through the Service, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form by any means without Klemz Counseling and Consulting’s written permission.
Modification; Amendment.
Klemz Counseling and Consulting may modify or amend these Content Terms at any time without notice. You agree to review these Content Terms periodically since such modifications or amendments shall be effective immediately upon posting and your subsequent use of the Service after such posting shall conclusively be deemed to constitute your acknowledgment and acceptance of such modifications or amendments.
Attorney’s Fees.
In the event of any litigation or dispute arising from or relating to these Content Terms, the prevailing party shall be entitled to reasonable attorney’s fees, court costs, and collection costs in addition to any other relief to which such party may be entitled.
Governing Law; Jurisdiction and Venue.
You agree that the laws of the State of Idaho and the United States will apply to all matters relating to these Content Terms, the Newsletter, and the Service, as they would to agreements made and entered into entirely in Idaho by residents of the state, notwithstanding your actual place of residence. These Content Terms may be enforced in any federal court or state court sitting in Kootenai County, Idaho, and each party hereto consents to the jurisdiction and venue of any such court and waives any argument that venue in such forum is not convenient. If either party hereto commences any action arising directly or indirectly from these Content Terms, the Newsletter, or the Service in another jurisdiction or venue, the other party to these Content Terms shall have the option of transferring the case to the above-described venue or jurisdiction or, if such transfer cannot be accomplished, to have such case dismissed without prejudice.
IF YOU ARE EXPERIENCING A MEDICAL EMERGENCY, YOU SHOULD DIAL “911” IMMEDIATELY.