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Member Agreement

Dr. K’s Member Agreement

These Dr. K Member Terms and Conditions (the “Agreement“) apply to all users (“you“ or “Member“) who access and/or use Dr. K’s platform for on-line or phone based communication (“Listener Platform“). This Agreement applies with respect to a Member’s access and/or use of the Listener Platform regardless of where such Listener Platform is made available.

The Listener Platform is made available on Dr. K’s websites at www.doctorklarity.com. The Sites are owned and operated by Dr. K.

In addition to the Sites, the Listener Platform, or a portion thereof, may also be made available via third party websites. If you have accessed the Listener Platform, or any portion thereof, via a website operated, managed, maintained or controlled by a third party, your use of such website may be subject to terms and conditions imposed by such third party. Dr. K is not responsible or liable for any terms, conditions, policies, acts or omissions of any such third parties.

YOU AGREE THAT BY USING THE LISTENER PLATFORM YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT. IF YOU ARE BETWEEN 13 AND 18 YEARS OF AGE, YOU MUST HAVE YOUR PARENT OR LEGAL GUARDIAN’S PERMISSIONS TO USE Dr. K. YOU MUST NOT ACCESS Dr. K OR ACCEPT THESE TERMS IF YOU ARE A PERSON WHO IS EITHER BARRED OR OTHERWISE LEGALLY PROHIBITED FROM RECEIVING OR USING Dr. K UNDER THE LAWS OF THE COUNTRY IN WHICH YOU ACCESS OR USE THE SERVICE.

This Agreement sets forth and contains the terms and conditions between you and Dr. K. By using free services or by using such services, you are entering into this Agreement. You should, therefore, read this Agreement carefully. IF YOU DO NOT AGREE TO BE BOUND BY ANY TERM OF THIS AGREEMENT, DO NOT CONTINUE USING THE LISTENER PLATFORM, OR SITE. In such case you will not be able to use the Listener Platform.

Dr. K may modify this Agreement or any part hereof at any time in its absolute discretion. Therefore, Member is encouraged to check the terms of this Agreement frequently. By using the Listener Platform or a Site after any modifications to this Agreement have been made, Member agrees to be bound by such modified Agreement.

The Listener Platform and Content Made Available via the Listener Platform

The Listener Platform allows Members to locate Dr. K and ask questions or ask to be listened to. Dr. K, via the Listener Platform, enables a Member to communicate directly with the Dr. K.

Member acknowledges and agrees that Dr. K is neither an employee nor agent nor representative nor licensed doctor nor licensed therapist nor licensed professional of Dr. K.

As further described in this Agreement, Dr. K makes no representation or warranty whatsoever as to (a) the accuracy or availability of the Listener Platform or the Sites, (b) the willingness or ability of Dr. K to listen, (c) the willingness or ability of Dr. K to offer companionship, (d) whether the Member shall find Dr. K’s listening useful or satisfactory, (e) whether the Member shall find Dr. K ‘s words relevant, useful, accurate or satisfactory, (f) whether the listening of Dr. K will be helpful, (g) whether the listening of Dr. K will be responsive or relevant to the Member’s question, or (h) whether Dr. K’s advice will otherwise be suitable to the Member’s needs.

The Listener Platform and Sites may include bulletin boards which allow Members to post questions to Dr. K regarding various topics and allow Dr. K to volunteer answers to such questions. AS NOTED IN THIS AGREEMENT, Dr. K DOES NOT WARRANT THE VALIDITY, ACCURACY, OR AVAILABILITY OF ANY CONTENT OR WORDS PROVIDED BY Dr. K, Dr. K WILL NOT BE LIABLE FOR ANY DAMAGES SUSTAINED BY MEMBER DUE TO RELIANCE ON ANY SUCH INFORMATION OR WORDS.

INFORMATION FURNISHED BY LISTENERS IS INTENDED FOR GENERAL INFORMATION PURPOSES ONLY. ANY DISCUSSION WITH Dr. K VIA THE LISTENER PLATFORM CANNOT AND DOES NOT REPLACE A MEETING WITH A PROFESSIONAL. MEMBER IS ENCOURAGED TO VERIFY THE INFORMATION FURNISHED BY Dr. K. ANY RELIANCE ON SUCH INFORMATION IS DONE AT THE MEMBER’S FULL AND SOLE RISK AND LIABILITY.

Dr. K IS NOT A LICENSED PROFESSIONAL. Dr. K IS NOT A LIFE COACHE. Dr. K DOES NOT PARTICIPATE IN ANY MEDICAL OR MENTAL HEALTH PRACTICE; Dr. K DOES NOT DIAGNOSE, PROVIDE TREATMENT PLANS, OR INTERVENE. Dr. K IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF THAT RELATIONSHIP OR THE INFORMATION GIVEN THEREIN, AND Dr. K DOES NOT VALIDATE THE INFORMATION OR COMMUNICATION PROVIDED TO YOU BY Dr. K. Dr. K STRONGLY RECOMMENDS THAT A MEMBER SEEKING MEDICAL OR MENTAL HEALTH ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH A QUALIFIED PROFESSIONAL.

ADDITIONAL TERMS RELATED TO INTERACTIONS WITH MEDICAL PROFESSIONALS, MENTAL HEALTH PROFESSIONALS, ATTORNEYS AND OTHER LISTENERS IN FIELDS REQUIRING LICENSURE AND/OR CERTIFICATION.

This section contains terms that are in addition to (and not in lieu of) any other terms appearing in this Agreement.

Dr. K IS NOT INVOLVED IN ANY WAY WITH THE SUBSTANCE OF ANY RELATIONSHIP OR COMMUNICATION OR INFORMATION GIVEN THEREIN, AND Dr. K DOES NOT VALIDATE THE INFORMATION OR ADVICE PROVIDED TO A MEMBER.

THE INFORMATION AND COMMUNICATION IS FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR A FACE-TO-FACE PHYSICAL EXAMINATION OF THE MEMBER BY A DOCTOR OR OTHER HEALTH PROFESSIONAL. MEMBERS SHOULD NOT RELY ON OR MAKE HEALTH DECISIONS BASED ON INFORMATION PROVIDED BY Dr. K ON THE LISTENER PLATFORM. Dr. K STRONGLY RECOMMENDS THAT A MEMBER SEEKING MEDICAL OR MENTAL HEALTH ADVICE MAKE AN APPOINTMENT FOR AN EXAMINATION IN PERSON WITH A QUALIFIED PROFESSIONAL.

THE INFORMATION PROVIDED BY Dr. K IN FIELDS REQUIRING LICENSURE AND/OR CERTIFICATION IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY AND CANNOT BE CONSIDERED A SUBSTITUTE FOR AN IN-PERSON MEETING.

Dr. K DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY OR EVALUATE, OR OTHERWISE PROVIDE ANY WARRANTY OR GUARANTEE WITH RESPECT TO Dr. K ON THE SITE.

Member understands and agrees that Dr. K cannot predict or assess the competence of, or appropriateness for Member’s needs. Member also acknowledges and agrees that Member takes full responsibility for the decision to access Dr. K through the Site and to continue to interact with the Dr. K, and that the role of Dr. K is strictly limited to providing access to such information and communication for Member’s consideration.

Member hereby releases and agrees to hold harmless Dr. K from any and all causes of action and claims of any nature resulting from any act, omission, opinion, response, information and/or service of Dr. K in a field requiring licensure and/or certification, who may be accessed through the Listener Platform or any Site.

IF YOU ARE THINKING ABOUT SUICIDE, IF YOU FEEL THAT YOU MAY BE A DANGER TO YOURSELF OR TO OTHERS OR IF YOU OTHERWISE HAVE ANY MEDICAL EMERGENCY, PLEASE IMMEDIATELY CALL 911 (OR THE RELEVANT EMERGENCY NUMBER IN YOUR COUNTRY) AND NOTIFY THE POLICE OR EMERGENCY MEDICAL SERVICES.

Disclaimer of Warranty

Dr. K DOES NOT REVIEW, ENDORSE, RECOMMEND, VERIFY, EVALUATE, WARRANT OR GUARANTEE THE QUALIFICATIONS, EXPERTISE, CLAIMS OR BACKGROUND OF Dr. K OR ANY OPINION, RESPONSE, PREDICTION, INFORMATION OR OTHER SERVICE PROVIDED BY Dr. K. NOTHING CONTAINED IN THIS AGREEMENT, ON THE LISTENER PLATFORM, ON ANY SITE, ON ANY THIRD PARTY SITE OR PROVIDED OTHERWISE SHALL BE CONSIDERED AS A REFERRAL, ENDORSEMENT, RECOMMENDATION, VERIFICATION, WARRANTY OR GUARANTEE WITH RESPECT TO (A) ANY LISTENER; (B) THE LISTENER PLATFORM; (C) ANY OPINION, RESPONSE, PREDICTION, INFORMATION OR OTHER SERVICE PROVIDED BY Dr. K OR OTHERWISE MADE AVAILABLE ON THE LISTENER PLATFORM; OR (D) THE VALIDITY, ACCURACY, AVAILABILITY, COMPLETENESS, SAFETY, LEGALITY, QUALITY OR APPLICABILITY OF ANY CONTENT OR ANYTHING OTHERWISE SAID OR WRITTEN BY ANY LISTENER, INCLUDING ANY BIOGRAPHICAL INFORMATION, QUALIFICATIONS, OR OTHER INFORMATION SPOKEN BY Dr. K OR CONTAINED IN OR MADE AVAILABLE ON THE LISTENER PLATFORM, ANY SITE, ANY BLOG OR ANY OTHER FORUM.

MEMBER ACKNOWLEDGES AND AGREES THAT THE SITES AND LISTENER PLATFORM ARE PROVIDED “AS IS”, AND THEREFORE MEMBER WILL NOT HAVE ANY CLAIM OR DEMAND AGAINST Dr. K, WITH RESPECT TO ANY SITE, THE LISTENER PLATFORM OR Dr. K. THE USE OF A SITE AND THE LISTENER PLATFORM IS AT THE MEMBER’S SOLE RISK. TO THE FULLEST EXTENT OF THE LAW, Dr. K EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SECURITY OR ACCURACY.

Dr. K EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES RELATED TO INFORMATION POSTED OR TRANSMITTED BY Dr. K. IF A MEMBER DECIDES TO RELY ON INFORMATION PROVIDED BY A Dr. K, MEMBER MUST EXERCISE A HIGH LEVEL OF CARE. THE MEMBER SHALL NOT HAVE ANY CLAIM OR DEMAND AGAINST Dr. K, WITH RESPECT TO ANY SERVICE OR ADVICE MEMBER RECEIVES, USES AND/OR RELIES ON. Dr. K WILL NOT BE DEEMED THE PROVIDER OR RECIPIENT OF ANY SERVICES OR OTHER INFORMATION ACQUIRED THROUGH THE LISTENER PLATFORM OR THE SITES. THE USE OF OPINION, RESPONSE, PREDICTION, INFORMATION OR OTHER SERVICE PROVIDED BY Dr. K IS ENTIRELY AT THE MEMBER’S SOLE RISK.

Dr. K DOES NOT ASSUME AND WILL NOT BE LIABLE FOR: (1) THE ACCURACY OR AVAILABILITY OF ANY SITE OR THE LISTENER PLATFORM; OR (2) ANY DAMAGES OR INJURY ARISING FROM OR RELATED TO ANY SITE, THE LISTENER PLATFORM AND/OR ANY OPINION, RESPONSE, PREDICTION, INFORMATION OR OTHER SERVICE PROVIDED BY Dr. K AND/OR OTHER SERVICE PROVIDED OR NOT PROVIDED BY ANY Dr. K.

Additional Disclaimers

Dr. K WILL NOT BE LIABLE FOR ENFORCING ANY AGREEMENT THAT WAS MADE BETWEEN Dr. K AND A MEMBER, INCLUDING A MEMBER FEE AGREEMENT. MEMBER WILL BE SOLELY RESPONSIBLE FOR ANY AGREEMENT MADE WITH Dr. K.

IN THE EVENT OF A DISPUTE REGARDING ANY TRANSACTION CONDUCTED VIA THE LISTENER PLATFORM OR A SITE, THE MEMBER HEREBY RELIEVES Dr. K FROM ALL MANNER OF ACTIONS, CLAIMS OR DEMANDS AND FROM ANY AND ALL LOSSES (DIRECT, INDIRECT, INCIDENTAL OR CONSEQUENTIAL), DAMAGES, COSTS OR EXPENSES, INCLUDING, WITHOUT LIMITATION, COURT COSTS AND ATTORNEYS’ FEES, WHICH MEMBER MAY HAVE AGAINST ONE OR MORE OF THE ABOVE.

Limitation of Liability

MEMBER EXPRESSLY UNDERSTANDS AND AGREES THAT Dr. K SHALL NOT BE LIABLE TO ANY MEMBER OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE OR EXEMPLARY DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOSS OF BUSINESS, REVENUE, PROFITS, USE, DATA OR OTHER ECONOMIC ADVANTAGE). MEMBER FURTHER EXPRESSLY UNDERSTANDS AND AGREES THAT: (A) Dr. K AGGREGATE LIABILITY FOR DAMAGES ARISING WITH RESPECT TO THIS AGREEMENT AND ANY AND ALL USE OF THE SITES; AND (B) Dr. K DISCLAIMS ANY LIABILITY WITH RESPECT TO ANY CLAIM, SUIT OR ACTION BROUGHT BY AN LISTENER IN CONNECTION WITH SERVICES BY THE MEMBER AND MEMBER AGREES TO INDEMNIFY, DEFEND AND HOLD Dr. K HARMLESS IN CONNECTION WITH ANY SUCH CLAIM. THE FOREGOING LIMITATIONS AND EXCLUSIONS WILL APPLY REGARDLESS OF WHETHER THE CAUSE OF ACTION ARISES IN CONTRACT, IN TORT OR OTHERWISE AND NOTWITHSTANDING THE FAILURE OF THE ESSENTIAL PURPOSE OF ANY REMEDY OR NEGLIGENCE.

IN THE EVENT THAT APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY AS SET FORTH ABOVE, THE LIMITATION WILL BE DEEMED MODIFIED SOLELY TO THE EXTENT NECESSARY TO COMPLY WITH APPLICABLE LAW. THIS SECTION (LIMITATION OF LIABILITY) SHALL SURVIVE TERMINATION OR EXPIRATION OF THIS AGREEMENT.

Member Affirmation, Conduct and Use

By submitting the Member registration form, you, the Member, represent, warrant and agree to the following:

You are at least 18 years of age or a legally organized entity, and that you are authorized to submit a Member registration, or that you are authorized to represent the person who is submitting a Member registration, and that you are authorized to sign the Member registration form on behalf of yourself or on behalf of the person that you represent and bind him or her.

You are solely and fully liable for all conduct, postings and transmissions that are made under your name and/or alias

You are solely responsible for verifying Dr. K’s identity, qualifications, biographic information, and other information.

Dr. K does not control the quality, relevance or accuracy of any listening or information provided by Dr. K, and Dr. K does not determine the qualification of any specific words, whether Dr. K is categorized correctly or in the most appropriate category to provide the information sought by a Member, or whether any postings on the Listener Platform or a Site or any transmissions through the foregoing by a Member Dr. K is accurate, correct, relevant or appropriate.

Member will not take any actions that may undermine, disrupt or manipulate the integrity of the Member feedback (rating) system on any Site. Dr. K may change ratings policy at any time and without warning. Dr. K also reserves the right to exclude without explanation any rating that I think may compromise the integrity of the Member feedback system.

Member will not interfere with or disrupt, or attempt to interfere with or disrupt, any Dr. K servers, networks or equipment connected to a Site.

Member will not attempt to gain unauthorized access to any other computer system or network connected to a Site.

Member will not transmit, upload, email, post or otherwise make available through the Service or any Site: (A) any “junk mail”, “spam”, or any other types of unsolicited email or bulletin board postings; or (B) any unlawful, harassing, libelous, privacy invading, abusive, threatening, defamatory, vulgar, obscene, racist, harmful, or otherwise objectionable material of any kind.

Member will not disobey or breach this Agreement, or any other applicable agreements or instructions conveyed by Dr. K.

Member will not violate any applicable local, state, national or international law, statute, ordinance, rule, regulation or ethical code.

Member will not transmit, upload, email, post or otherwise make available: (A) any information or material that infringes upon a third party right, especially intellectual property rights; (B) any third party advertisements, including banner exchange services; (C) any software viruses, Trojan horses, worms or any other malicious application or code; or (D) any information or material which may constitute or encourage conduct that is a criminal offense or civil wrong or otherwise violates any applicable law.

Dr. K may enable the transfer of files between Members and Dr. K. When opening such file attachments received from Dr. K it is the Member’s responsibility to scan them with an anti-virus software application prior to opening them.

Member will not impersonate any person or entity, or make any false statement regarding his or her employment, agency or affiliation with any person or entity.

Member will not stalk, threaten or harass Dr. K or Member or infringe upon or attempt to infringe upon their privacy.

Dr. K may elect, but is not required, to review the Member’s personal profile and amend any typing or spelling errors. Dr. K does not examine the validity or accuracy of the details in the Member’s personal profile or in any of the Member’s postings or transmissions. Without derogating from the above or any other term of this Agreement, Dr. K may, in its absolute discretion, refuse to post, transmit or remove any content uploaded by the Member and/or remove any content violating this Agreement. The Member will bear all the risks associated with the uploading and transmitting of material while utilizing a Site and/or Dr. K’s services, including reliance on its accuracy, reliability or legality.

User Name and Password

When you, the Member, create and open an account with Dr. K, you will be asked to provide personal information. You are entirely responsible for maintaining the confidentiality of your personal information name and any other security information related to your person. You will be fully responsible for all activities that occur under your person, user name and/or password. You may not use the personal information, of someone else at any time. You will immediately notify Dr. K of any unauthorized use of Member’s personal information, e-mail, or any other breach of security. Dr. K will not be liable for any loss that you incur as a result of someone else using your personal information, either with or without your knowledge. Dr. K will hold you liable and responsible for any losses incurred by Dr. K due to someone else’s use of your personal information through this Site; Listening Platform; third party links, content, web sites, products or services; chat; email; voice or other communication products; or services made available to you by Dr. K.

Links

The Sites may contain links or other content related to web sites, products and/or services offered by third parties. Dr. K has no control over any such links, content, web sites, products or services or any information provided or transmitted via such links, web sites, products or services, or otherwise provided by any such third party. The Member acknowledges and agrees that Dr. K is not responsible for the availability of such third-party links, content, web sites, products or services and will not be responsible or liable for any content, advertising, products or other materials contained therein or the business practices or privacy practices related thereto. The Member warrants and agrees that Dr. K will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such link, web site, content, product and/or service. Dr. K encourages the Member to, at a minimum, be aware when he or she leaves a Site and to review the privacy practices related to third party sites.

Research

Dr. K conducts research on our global platform. This research looks at how different activities on Dr. K (individual chatting, group chatting, etc.) impact wellness test scores and scores on other measures provided. Additionally, researchers from universities may also conduct research on Dr. K. For example, there may be studies conducted on Dr. K that look at how Dr. K establishes a connection or friendship with guests or members.  All data is anonymized (or anonymous). All research done by university researchers is approved by their institutional review board and Dr. K. Research and outcomes are key to helping people make real change and progress in their lives.

Advertisements

Dr. K may include in the Sites advertisements on its own behalf or paid advertisements on behalf of interested companies and/or individuals. By clicking on the advertisements, the Member may be shifted to a web site of the advertiser or receive other messages, information or offers from the advertiser.

The Member acknowledges and agrees that Dr. K is not liable or responsible for the content, products or services of such advertisers or the web sites, links, information, messages, offers or privacy practices of such advertisers. The Member is wholly liable for all communications and transactions with advertisers.

Dr. K may use anonymous cookies to track information Member browsing history on doctorklarity.com, and third-party advertising networks, such as Google AdSense and AdRoll, use the information to serve ads to you on Dr. K’s behalf on other sites throughout the Internet. Members may opt out of Adroll retargetting at https://www.adroll.com/ by clicking on “Adjust Ad Preferences”

Modifications and Termination of Services

Dr. K reserves the right to modify or discontinue, temporarily or permanently, any service in or on the Sites, with or without notice to Member. Member agrees that Dr. K shall not be liable to Member or to any third party for any modification or discontinuance of any service offered by Dr. K, or for any losses or damages that may result to Member or any third party from such discontinuation or interruption of service.

Dr. K’s services depend on various factors such as software, hardware and communications networks of Dr. K, its contractors and suppliers. Dr. K does not guarantee that Dr. K’s service will be uninterrupted or that it will be timely, secure or error-free.

Dr. K, in its sole discretion and for any reason, may terminate Member’s participation in the services and refuse any and all current or future use by Member of the Sites.

Intellectual Property

The Sites contain copyrighted material, trade secrets and proprietary information owned by Dr. K or its licensors. This Agreement does not grant to the Member any rights to patents, copyrights, trade secrets, trade names, trademarks (whether registered or unregistered), domain names or any other rights, functions or licenses in respect of the Sites or any material or information appearing on the Sites or any services offered by Dr. K. The Member may not create any derivative work or technology based upon any trade secret, intellectual property, confidential or proprietary information of Dr. K or its licensors. Furthermore, the Member may not sub-license, assign, transfer, sell or make any other commercial use of his or her membership in the Sites.

The Member may not adapt or use any trademark, service mark, trade name, logo or domain name similar to or likely to be confused with those of Dr. K or its licensors, or take any other action that infringes upon or impairs Dr. K’s trademark or other intellectual property rights.

Dr. K or its suppliers are the sole owners of all intellectual property, and in particular the copyright, trademarks, database and patents, in the Sites and in any software, application, graphics, text and other materials used therein, including the organization and selection of the materials contained therein. In addition, except as otherwise expressly set forth or provided in this Agreement, Dr. K or its suppliers shall retain all ownership rights in and to all content displayed on the Sites, including copies of data transferred or received by Member through the Sites. This section shall survive expiration or termination of this Agreement.

Privacy

By registering as a Member and agreeing to the terms and conditions of this Agreement, you are also agreeing to the terms of Dr. K’s Privacy Policy available at http://www.doctorklarity.com/privacy-policy. Dr. K’s Privacy Policy is incorporated into and deemed a part of this Agreement.

Legal Requirement to Disclose

Dr. K MAY DISCLOSE YOUR INFORMATION INCLUDING PERSONAL INFORMATION IF Dr. K REASONABLY BELIEVES THAT DISCLOSURE: (I) IS NECESSARY IN ORDER TO COMPLY WITH A LEGAL PROCESS (SUCH AS A COURT ORDER, SUBPOENA, SEARCH WARRANT, ETC.) OR OTHER LEGAL REQUIREMENT OF ANY GOVERNMENTAL AUTHORITY, (II) WOULD POTENTIALLY MITIGATE OUR LIABILITY IN AN ACTUAL OR POTENTIAL LAWSUIT, OR (III) IS OTHERWISE NECESSARY OR APPROPRIATE TO PROTECT OUR RIGHTS OR PROPERTY, OR THE RIGHTS OR PROPERTY OF ANY PERSON OR ENTITY.

Copyright Policy

Dr. K respects the intellectual property of others, and I ask Members to do the same.

Dr. K may, in appropriate circumstances and at its discretion, terminate the account or access of Members who infringe the intellectual property rights of others.

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide Dr. K’s Copyright Agent 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, including the URL (web page address) of the location where the copyrighted work exists or a copy of the copyrighted work; 3. a description of where the material that you claim

a description of where the material that you claim is infringing is located on the Site, including the URL;

your address, telephone number, and email address;

a 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; and

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.

Dr. K’s Copyright Agent for Notice of claims of copyright infringement can be reached via email at: doctorklarity@gmail.com.

Limited License

Dr. K grants Member a limited, nonexclusive, revocable right to use the Sites provided that Member does not copy, modify, create a derivative work of, reverse engineer or otherwise attempt to discover any source code thereof, and provided further that you remain fully compliant with all terms and conditions of this Agreement and all other policies referenced herein or otherwise made available on the Sites.

Indemnification

Member shall defend, indemnify and hold Dr. K, its affiliates and agents (collectively, the “Indemnified Parties”) harmless from any and losses, damages, suits, judgments, costs and expenses (including litigation costs and reasonable attorneys’ fees) arising out of or in connection with any claim, suit, action, or other proceeding brought against an Indemnified Party related to: (a) any breach of any representation, warranty, covenant or agreement made or to be performed by Member according to this Agreement; (b) any content Member submits, posts or transmits through a Site and/or the Listener Platform or otherwise provided by Member; and (d) Member’s use of any Site and/or the Listener Platform. This section shall survive expiration or termination of this Agreement.

Notice

Dr. K may provide notices or other communications to you regarding changes to this Agreement and/or changes to any aspect of the Listener Platform or Sites, by email to the email address that I have on record, by regular mail or by posting on the Site and/or the Listener Platform. The date of receipt shall be deemed the date on which such notice is given. Notices sent to Dr. K must be delivered via email to: doctorklarity@gmail.com

No Assignment

You shall not assign your rights or obligations pursuant to this Agreement, in whole or in part, whether voluntarily or by operation of law, without the prior, written consent of Dr. K. Any purported assignment without the prior written approval of Dr. K will be null and void and of no force or effect.

Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer or employee of the other. Neither party shall have, or hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. This Agreement shall be interpreted only in accordance with the laws of the State of Florida (excluding any rules governing choice of laws), and any legal proceeding arising out this Agreement will occur exclusively in the courts located in Gainesville, Florida. This Agreement will be binding and will inure to the benefit of the legal representatives, successors and assigns of the parties hereto. This Agreement (and the policies referenced herein and incorporated by reference) constitutes the entire agreement between Dr. K and Member with respect to the subject matter hereof, and Member has not relied upon any promises or representations by Dr. K with respect to the subject matter except as set forth herein. Persons and entities who live in a territory that is prohibited by law, regulation, treaty or administrative act from entering into trade relations with the United States are not permitted to use or access the Listener Platform or the Sites.

No amendment to this Agreement will be effective unless made in writing. The paragraph headings herein are solely for the sake of convenience and will not be applied in the interpretation hereof. If any provision of this Agreement is held by a court of competent jurisdiction to be illegal, invalid, unenforceable, or otherwise contrary to law, the remaining provisions of this Agreement will remain in full force and effect.

 

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