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This website legal document was last updated on January 29, 2020.
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If you have additional questions, comments or concerns, please contact us by sending an email using the contact form at DaphneMichaelsInstitute.com and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
The Daphne Michaels Institute
621 Pacific Avenue, Suite 14
Tacoma, WA 98402-4699
You should always conduct your own investigation (perform due diligence) before buying products or services from anyone via the internet. This includes products and services sold on this Website and all other websites.
Unless otherwise expressly stated, you should assume all references to products and services on this Website are made because material connections exist between the Institute and the providers of the mentioned products and services (“Provider”).
If there are affiliate links or advertising on this Website for goods or services sold by Amazon.com, Inc., its subsidiaries or sister companies (collectively “Amazon”), this means the Institute is a participant in Provider Amazon Services LLC Associates Program (“Amazon Associates Program”), an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to Amazon.com and other Amazon websites.
All references to Amazon trademarks, service marks, and logos on this Website is made pursuant to a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license under the Amazon Associates Program and in accordance with that program’s trademark guidelines.
The Institute recommends products and services on this Website based in part on a good faith belief the purchase of such products or services will help purchasers in general.
The Institute has this good faith belief because (a) the Institute has tried the product or service mentioned prior to recommending it or (b) the Institute has researched the reputation of the Provider and has made the decision to recommend the Provider’s products or services based on the Provider’s history of providing these or other products or services. The representations made by the Institute about products and services reflect the Institute’s honest opinion based upon the facts known to the Institute at the time a product or service is mentioned on this Website, in social media, and/or email communications.
The Institute’s opinion about a product or service may be partially formed (consciously or subconsciously) in part based on the fact the Institute has been, may be, or will be compensated because of the Institute’s business relationships with the Providers.
In some instances, the Institute and a Provider will have a business or personal relationship that does not involve the Institute receiving compensation related to products and services mentioned on this Website. However, the nature of the relationship is sufficient to establish a material connection between the Institute and the Provider.
Because there may be a material connection between the Institute and Providers of products or services mentioned on this Website, you should always assume the Institute may be biased because of the Institute’s relationship with a Provider and/or because the Institute has received or will receive something of value from a Provider.
Perform your own due diligence before purchasing a product or service mentioned on this Website (or any other website).
The type of compensation received by the Institute may vary. In some instances, the Institute may receive complimentary products, services, or money from a Provider prior to mentioning the Provider’s products or services on this Website.
In other instances, the Institute may receive a monetary commission or non-monetary compensation when you take action based on the content of this Website. This includes, but is not limited to, when you purchase a product or service from a Provider after clicking on an affiliate link on this Website.
This website contains hypertext links to other websites and information created and maintained by other individuals and organizations. These links are only provided for your convenience. We do not control or guarantee the accuracy, completeness, relevance, or timeliness of any information or privacy policies posted on these linked websites. You should know these websites may track visitor viewing habits.
Unless otherwise expressly stated by us, hyperlinks to particular items do not reflect their importance, and are not an endorsement of the individuals or organizations sponsoring the websites, the views expressed on the websites, or the products or services offered on the websites.
We permit links to our Website if they do not imply an endorsement by, or affiliation with, our Website absent written consent. If we operate an affiliate program, our affiliates may link to our Website pursuant to the terms and conditions of our affiliate program agreement with them.
We review our Website periodically for broken or out-of-date links. Any and all links may be posted, altered, or removed at any time. Please note links to external websites may expire over time. Such expiration is beyond our control. To report problems with links on our Website, or for more information about this policy, please send an e-mail using the contact form at DaphneMichaelsInstitute.com.
We are committed to taking reasonable steps to make this Website accessible to visitors with disabilities. If you need help using our Website, please email us using the contact form at DaphneMichaelsInstitute.com
If you are visually-impaired, we recommend using text-to-speech software, such as Microsoft’s Narrator, Apple’s VoiceOver, and the KNFB Reader mobile application (available in Apple’s App Store and at Google Play), to enjoy our Website.
If you have an account with us, you are responsible for protecting your account’s username and password to prevent misuse of your account by others that is unlawful or violates these terms and conditions of use. We reserve the right to suspend or terminate your account for misuse.
If you post content on or submit content to our Website (e.g. photos, videos, customer reviews or testimonials, comments, etc.), you represent you have the legal right to share such content on our Website, the content is accurate, and it does not violate the law or these terms and conditions of use.
We reserve the right to edit or delete content you post or submit. However, we are not liable or responsible for content you and others submit or post on our Website.
By posting or submitting content to us, you grant us an irrevocable, non-exclusive, royalty-free, perpetual, transferable, and sublicensable right to use the content. This includes a global right for us to adapt, alter, display, distribute, publish, reproduce, and translate the content. We can also create derivative works from the content in all media types (e.g. print, audio, video, etc.). You also grant us the right to use your name and username in connection with such content.
If claims are made against us because of the content you post or submit, you agree to indemnify and defend us against those claims at your sole expense.
These terms, conditions, and policies are an agreement between us that does not expressly or implicitly create any third-party beneficiary rights.
If any part of these terms, conditions, and policies are determined by a court of competent jurisdiction to be invalid or unenforceable, that part shall be limited or eliminated to the minimum extent necessary so the remainder of these terms and conditions are fully enforceable and legally binding.
Any questions or concerns about these terms, conditions, and policies should be brought to our attention by email using the contact form at DaphneMichaelsInstitute.com, and providing us with information relating to your concern.
You may also mail your concerns to us at the following address:
The Daphne Michaels Institute
621 Pacific Avenue, Suite 14
Tacoma, WA 98402-4699
If you want to serve us with a subpoena, you must serve it on us by mail at our address listed above or to our local resident agent if we have one in your state. To determine whether we have a resident agent in your jurisdiction, check your state’s Secretary of State’s website or contact that state official’s office. Subpoenas sent by electronic means (email, fax, text message, etc.) will be ignored. To expedite our response to your subpoena, be sure to send to the attention of “Subpoena Processing” and include complete and accurate information.
These terms and conditions, including the policies incorporated herein by express reference, constitute your entire agreement with us with respect to your use of our Website.
The above terms, conditions, and policies may change from time to time. If such changes are made, they will be effective immediately, and we will notify you by a notice posted on our Website’s home page that changes have been made. If you disagree with the changes made, you should not use our Website. By continuing to access our Website after changes are made to these terms, conditions, and policies, you are agreeing to be legally bound by the revised terms, conditions, and policies.
We may terminate these terms, conditions, and policies for any reason and at any time without notice to you.
If you are concerned about these terms, conditions, and policies, you should read them each time before you use our Website. Any questions or concerns should be brought to our attention by sending an email using the contact form at DaphneMichaelsInstitute.com, and providing us with information relating to your concern.
This notice is for informational purposes only. It is not intended as, nor should it be construed as, legal advice. If you believe your intellectual property rights have been infringed upon, or if a notice of infringement has been filed against you, you should immediately seek legal counsel.
This website, including all text, HTML, scripts, and images are copyrighted, owned, and/or licensed by the Institute. All rights reserved.
NO PART OF THIS WEBSITE MAY BE REPRODUCED OR TRANSMITTED IN ANY FORM OR BY ANY MEANS, MECHANICAL, ELECTRONIC, OR OTHERWISE, INCLUDING PHOTOCOPYING AND RECORDING, OR BY ANY INFORMATION STORAGE AND RETRIEVAL SYSTEM, OR TRANSMITTED BY E-MAIL, OR USED IN ANY OTHER FASHION WITHOUT THE EXPRESS PRIOR WRITTEN PERMISSION OF THE WEBSITE OWNER.
This, of course, excludes the downloading and temporary caching of this Website on a personal computer for the explicit purpose of viewing this Website, as well as any information clearly marked as reproducible. This copyright notice applies to everyone, including all visitors to this Website.
The Digital Millennium Copyright Act of 1998, found at 17 U.S.C. § 512 (“DMCA”), provides recourse for owners of copyrighted materials who believe their rights under United States copyright law have been infringed upon on the Internet.
Under the DMCA, the bona fide owner of copyrighted materials who has a good faith belief their copyright has been infringed may contact not only the person or entity infringing on their copyright, but may also contact the designated agent of an Internet service provider to report alleged infringements of their protected works, when such alleged infringements appear on pages contained within the system of the Internet service provider (“ISP”).
The owners of this Website and the ISP are committed to complying with international trade law, international trade practices, all United States laws, including United States copyright law. Upon receipt of a properly filed complaint under the DMCA, the owner and/or the ISP of this Website will block access to the allegedly infringing material. The website owner and/or the ISP will forward a copy of the notification of claimed copyright infringement to the alleged infringer. Anyone who believes in good faith that a notice of copyright infringement has wrongfully been filed against them, may submit a counternotice to the website owner and/or the ISP.
Please send DMCA notifications of claimed copyright infringement to:
The Daphne Michaels Institute
621 Pacific Avenue, Suite 14
Tacoma, WA 98402-4699
Notable Web, Inc.
P.O. Box 7762
Bonney Lake, WA 98391
Copyright Compliance Department
15495 Sand Canyon #300
Irvine, CA 92618
Phone: (855) 452-5224
Email: [email protected]
To file a notice of infringement with either the website owner or the ISP, you must provide a written communication that sets forth the items specified below. You will be liable for damages (including damages, costs, and attorneys’ fees) if you materially misrepresent that the website or a web page is infringing your copyright. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest you first contact an attorney.
To expedite our ability to process your request, please use the following format (including section numbers):
For details on the information required for valid notification, see 17 U.S.C. § 512(c)(3).
If a notice of copyright infringement has been filed with the website owner and/or the ISP against you, the owner and/or the ISP will attempt to notify you and provide you with a copy of the notice of copyright infringement. If you have a good faith belief you have been wrongfully accused, you may file a counternotification with the website owner and/or the ISP. If website owner and/or the ISP receives a valid counternotification, the DMCA provides the removed or blocked information will be restored or access re-enabled.
The website owner and/or the ISP will replace the removed material and cease disabling access to it in not less than 10, nor more than 14, business days following receipt of the counternotification, unless the website owner and/or ISP first receives notice from the complaining party that such complaining party has filed an action seeking a court order to restrain the alleged infringer from engaging in infringing activity relating to the material on this Website.
Please be advised that United States copyright law provides substantial penalties for a false counternotice filed in response to a notice of copyright infringement. Accordingly, if you are not sure whether certain material of yours is protected by copyright laws, we suggest you first contact an attorney.