Hello and thank you for visiting! It is important to us that everyone has a positive and safe online experience so here are the rules of the road! Enjoy.
You must be at least 18 years old to participate on our Sites. We do not knowingly collect personal information from anyone under the age of 18.
We comply with the CAN-SPAM Act, the Children’s Online Privacy Protection Act, the Digital Millennium Copyright Act and all applicable rules, regulation laws, statutes, ordinances, codes, and guidelines, including those of the Federal Trade Commission (collectively, “Applicable Laws”) By using the Sites you agree to abide by all Applicable Laws and to refrain from assisting anyone to evade any Applicable Law.
By accessing the Sites, you agree not to:
- use the Sites in any unlawful manner or in any manner that could damage, disable, disrupt or impair the Sites or interfere with any other user’s use and enjoyment of the Sites
- use spiders, robots, data mining techniques or similar data methods to download or otherwise, store, publish or distribute the content of the Sites
- intercept or misappropriate data or personal information from the Sites
- post, transmit, publish, share or otherwise make available any information, software or other material that contains a virus, malware or any other harmful component including but not limited to trojan horses, trap doors, back doors, easter eggs, worms, time bombs, cancelbots or computer programming routines that are intended to damage or interfere with the Sites
- intimidate, harass or insult other users
- post, transmit, publish, share or otherwise make available any content that is abusive, harmful, unlawful, fraudulent, threatening, infringing, hateful, harassing, defamatory, insulting, obscene, profane, racist, or otherwise objectionable
- post, transmit, publish, share or otherwise make available content that would incite a criminal offense, violate the rights of others or that would otherwise create liability or violate any Applicable Laws
- post, transmit, publish, share, or otherwise make available any inappropriate advertising, solicitations or promotional materials including junk mail or spam that would violate the CAN-SPAM Act
- inappropriately post transmit, publish, share, or otherwise make available or solicit private information such as phone numbers, addresses, social security numbers
impersonate any person or entity (including, but not limited to, any of our employees or representatives), or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity
- use your account or another user’s account in an inappropriate or unauthorized manner
- post the same message or comment multiple times
We reserve the right to monitor communications on the Sites between you and other users.
If you access the Sites as a visitor, you will not be required to provide personally identifiable information. However, to access certain Services, you may be required to register or to create an account and to provide certain information.
When registering an account, you agree to:
- provide true and accurate information about yourself
- create a suitable username that is not offensive, infringing or deceptive
- not register for more than one account,
- not register for an account on behalf of someone other than yourself
- maintain the security of your passwords and identification
- be responsible for all use and activity under your account, and the consequences thereof, regardless of whether you have authorized such use and activity
- immediately notify us of any unauthorized use of your password or account or any other breach of security
Restrictions on Use of Site Content
By posting, transmitting, publishing, sharing or otherwise making available User Content on the Sites, you automatically grant (or warrant that you have the express authority from the owner of such User Content to grant) us a worldwide royalty-free, perpetual, irrevocable, non-exclusive right and license to use, reproduce, adapt, translate, publish and distribute such User Content (in whole or in part). We also have right to incorporate and adapt the User Content in other works in any form, media or technology now known or hereafter developed. You further grant any other user of the Sites to access, view, store or reproduce the User Content for that user’s personal non-commercial purposes. Additionally, you represent and warrant that (1) no element of your User Content will violate or infringe upon the intellectual property or privacy rights of any third party and (2) you (and any licensor of content that you post on the Sites), have waived any “moral rights” in connection with your User Content. You are solely responsible for paying all royalties and other fees that might be due to any person or entity by reason of any User Content posted by you on or through the Sites. You acknowledge you are not entitled to any compensation for any User Content you post on the Sites.
Links to Third-Party Sites
We respect other people’s intellectual property rights. Therefore, it is our policy to remove any materials that infringe upon another party’s intellectual property rights. In accordance with the Digital Millennium Copyright Act (the “DMCA”), and upon proper notice, we will remove User Content (and any other Site Content) that violates copyright law. If you believe your work has been infringed send an email to email@example.com containing the following information: (i) the identification of the copyrighted work; (ii) the location the material on the Sites; (iii) your contact information; (iv) a statement that you have a good-faith belief that the use is unauthorized, (v) a statement that you are the copyright owner or authorized to act on the copyright owner’s behalf and (vi) a statement, made under the penalty of perjury, that all the information in your notice is accurate; and (vii) your signature (physical or electronic).
By submitting a notice, you acknowledge and agree that we may forward your notice and any related communications to any users who posted the material identified in such notice or to other third parties.
If you believe that your User Content has been wrongfully removed from the Sites, you may send us a counter notice. The counter notice must be in writing, sent to the email address above, and include: (i) identification of the material that has been removed; (ii) your contact information; (iii) a statement that you have a good-faith belief that the material was improperly removed; (vi) a statement that you consent to the jurisdiction of the Federal District Court in the Southern District of New York, and agree to accept service of process from the person who submitted the original notification that resulted in your User Content being removed (or an agent of such person) in the event he or she elects to file suit; (vi) a statement, made under the penalty of perjury, that all the information in your counter notice is accurate (vii) your signature (physical or electronic). By submitting a counter notice, you acknowledge and agree that we may forward your counter notice and any related communications to the person who submitted the original notice that resulted in the removal of your User Content or to other third parties.
The Site Content cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, financial, medical or legal matters. We encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the Sites. Your access and use of the Sites does not in any way create a physician/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of its contributors. We do not endorse any specific tests, physicians, procedures, opinions, or other information that may appear on the Sites. Your reliance on any information provided on the Sites is solely at your own risk. We make no representations or warranties concerning any treatment, action or application of medication or preparation by any person following the information offered or provided within or through the Sites. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death.
No Medical Advice
While the Site Content may be related to general and specific health issues, the Site Content is made available with the express understanding that neither Joanna Brouk, the other experts on the Sites, nor the Sites themselves, nor users of the Sites are dispensing medical advice. Do not use information from the Sites for self-diagnosis. If you have any questions or concerns about your health and before starting or stopping any treatment or acting upon information contained on the sites, you should contact your physician or health care provider.
You use the sites at your own risk. The sites (and any portion of the sites) are provided “as is” “with all faults” and “as available.” To the fullest extent permitted by the applicable laws, we expressly disclaim any and all warranties of any kind, whether express or implied (including, without limitation, the implied warranties of merchantability, fitness for a particular use or purpose and non-infringement). We make no warranties or representations about the accuracy or completeness of content available on or through the Sites, the Site Content, or the content of any websites, any social media or other Internet resources linked to the Sites and assume no liability or responsibility for any: (i) errors, mistakes, or inaccuracies contained on the Sites; (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to or use of the Sites (or any parts thereof); (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein; (iv) any interruption or cessation of transmission to or from the Sites; (v) any bugs, viruses, Trojan horses, malware or the like which may be transmitted to or through the Sites (or any parts thereof) by any third party; and/or (vi) for any loss or damage of any kind incurred as a result of the Site Content, the use of the Sites and/or through your or any other users’ exercise of any rights granted by us herein. We reserve the right, in its sole and exclusive discretion, to change, modify, add, remove or disable access without notice to any portion of the Sites (including, without limitation any of the Services).
Limitation of Liability
To the maximum extent permitted under applicable laws, in no event will we be liable to you or anyone else under any theory of liability (whether in contract, tort, statutory, or otherwise) for any indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of use, data, revenues, profits, goodwill, or other intangible losses (even if we were advised of, knew of or should have known of the possibility of such damages).
We control and operate the Sites from our offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. People who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
Waiver of Jury Trial
Severability; Waiver; Modification
You hereby irrevocably waive any right to seek and/or obtain injunctive or other equitable relief or any order against us, and/or to enjoin or restrain or otherwise impair in the production, distribution, exhibition or other exploitation of any of our productions or projects.
The Joanna Brouk Facebook pages, Twitter accounts, Instagram account, GoodReads, Pinterest, Google+ accounts (collectively, “social media channels”) are social media locations for community members to connect to and learn about Joanna Brouk through information, pictures and video concerning initiatives and programs. Our goal is to provide useful and interesting content about our company and foster an open and respectful dialogue relating to the specific issues and topics covered in our posts and tweets and other multi-media.
Joanna Brouk reserves all rights relating to the company’s social media channels, including but not limited to: (i) adding, removing, or modifying any content, (ii) blocking disruptive users; and (iii) discontinuing any of our social media channels at any time. Discussion of medical and health topics should never be construed as medical advice. You are advised to contact a health care professional in your area if you need medical advice. Joanna Brouk does not represent that the information on social media channels is accurate, complete, reliable, useful, timely or current. You read all content at your own risk. Do not rely on the information or advice in any of these postings.
- Defamatory, malicious, obscene, intimidating, discriminatory, harassing or threatening comments or hate propaganda;
- Calls to violence of any kind;
- Activity that violates any law or regulation;
- Attempts to target Joanna Brouk or Joanna Brouk Followers to offer goods or services, of either a commercial or private nature;
- Spam directed at Joanna Brouk, her sites or Followers, including any form of automatically generated content or repeatedly posting the same content;
- Content that includes medical advice that may be unsolicited and/or unverified;
- Content deemed to constitute an unapproved use of any of our products or is otherwise false or misleading;
- Any potential infringement upon any intellectual property rights, including but not limited to, brand names, trade names, logos, copyrights or trade secrets of any person, business or place;
- Other content deemed to be off-topic or to disrupt the purposes of the channel, its Followers, and its sense of community and acceptance; and
- Content posted by fake or anonymous users.
Our social media channels are not the appropriate place to resolve issues, complaints or suggestions about individual sales and service experiences or our products. This does not mean we do not want to hear about such issues, but these types of concerns are best handled by trained representatives. If you’re interested in sharing comments or feedback outside the scope of these channels, you can send a message through the “Contact Us” tab on www.joannabrouk.com . Comments may be forwarded to other departments and personnel to ensure appropriate follow-up.
You should understand that content you submit to our social media channels is public and will not place Joanna Brouk under any obligation to you. This means Joanna Brouk is free to disclose and use the ideas contained in content on a non-confidential basis to anyone without any liability to you. You should also not use Joanna Brouk’s social media channels to submit unsolicited ideas. Generally we don’t accept these, and if you submit any – for example by posting them – you need to understand that you don’t have ownership rights in such ideas, that we won’t compensate or reward you, and that we don’t waive any rights to use similar or related ideas previously known to us, developed by our employees, or obtained from other sources. You agree that by posting content on our social media channels, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit and display and distribute such content in any and all media or distribution methods now known or later developed. Further, by submitting content you represent and warrant to Joanna Brouk that you are the sole owner of the content and that Joanna Brouk’s use of the content will not violate the rights of any third party, including, but not limited to copyright rights; and that you will defend and hold Joanna Brouk harmless from any and all claims arising therefrom. By submitting content you waive any right to inspect or approve of such uses and agree to hold harmless Joanna Brouk and all others identified above from any and all claims you, your heirs, executors or assigns may at any time have against Joanna Brouk on account of the granting of the license or arising out of Joanna Brouk’s use of the content.
This page is intended for a global audience. All Terms and Conditions of Facebook, Instagram, Twitter, and YouTube, and Google+ apply, respectively.
You may visit our site anonymously. In connection with the Services we may request personal information from you (such as your name, street address, telephone number, credit card number, e-mail address) in connection with your use of, or participation in the Sites or Services. We only collect personal information from you only if you voluntarily submit such information to us. We will never intentionally disclose any personal information to any third party without your permission (through opting-in or similar procedures) except as provided for herein or otherwise as permitted or required under Applicable Laws. We do not sell, trade, or otherwise transfer to outside parties your personal information, except as set forth herein.
We collect your information:
- To personalize your experience;
- To improve our Sites;
- To improve customer service; and
- To process transactions.
We may contact you based on the information you provide online in connection with the Services or use the information in connection with the performance of the Services. We will share information with necessary third parties for the purpose of carrying out the Services. Your participation in the Services constitutes your consent to such disclosure and use of such information.
In the event that your personal information is requested as part of our surveys, polls or promotions, such personal information may be added to your registration information.
If you give us your permission or otherwise “opt-in”, we may also use personal information for marketing and promotional purposes. We will give you an opportunity to “opt-in” at the time our request for your personal information is made. Please note, however, that under certain circumstances, if you initially do not choose to “opt-in” or if you later “opt-out,” you may not be eligible for certain benefits or Services for which personal information is required.
These policies have the following exceptions: We will release specific information to comply with any valid legal inquiry or process or any Applicable Laws. We will also release specific information in special cases, such as if there is an attempted breach of the security of the Sites or a physical or property threat to you or others. We may provide access to your personal information to our contractors who are performing services for us in connection with our Sites or the Services that you have requested.
Any information you provide when making a purchase will be shared with payment processors, financial gateways, credit card companies and any other necessary third parties.
If you publicly post personal information on our Sites that information can be collected and used by third parties. Although we strive to protect our users’ privacy, we cannot guarantee the security of information you post on the Sites and have no control over how such third parties may use your information. You disclose such information at your own risk. We strongly suggest that you never post your last name, address or telephone to our Sites.
You are responsible for maintaining the confidentiality of your account information and password. You shall be responsible for all uses of your account, whether or not authorized by you. You agree to notify us immediately of any unauthorized use of your account or password.
Nonpersonal Identification Information
We may collect nonpersonal information through the use of, without limitation, cookies, IP address tracking and web beacons.
Nonpersonal information might include the browser you use, the type of computer you use, your operating system or your internet service provider. Our systems may also automatically gather information about your location, the areas you visit and search terms you use on our Sites and about the links you may select from within our Sites to other areas of the web or elsewhere online.
We use such information for our business purposes, to administer the Sites, to better manage advertising on the Sites, to understand how our users use our Sites and to improve our Sites.
We may aggregate and share non-personal information with our partners, suppliers, and other third parties, but we will not share any individual names, personal navigational or other personal information without your consent and we maintain control how your non-personal information will be used. For example, we may use a third-party advertising company to customize ads and share demographic and preference information to display advertisements for appropriate for you. We may contract with a third-party web analytics provider to help optimize our Sites.
Privacy of Children
We are in compliance with the requirements of the Children’s Online Privacy Protection Act. The Sites are not directed to children under the age of 18 and therefore we will not knowingly collect personally identifiable information from children under 18.
We require users under 18 to obtain the consent of a parent or guardian to view the Sites. You agree to abide by any such restrictions and not to help anyone avoid these restrictions.
By using the Sites, you assume the risk of an unauthorized security beach. Even though we take prudent and reasonable measures to secure your personal information, our servers, and our physical premises, we cannot guaranty that our efforts will be completely effective.
At our discretion, we may determine that your lack of engagement in the Services indicates your desire to opt-out of the Services. For example, you may be removed from our email list if you have not opened an email from us for a certain period of time. You may opt-in again at any time.
Consent to Transfer
The Sites are operated from the United States. If you are located outside of the United States, be aware that any information you provide to us will be transferred to the United States. By using our Sites, participating in any of the Services and/or providing us with your information, you consent to this transfer.
Changes in Site Ownership
In the event of a merger, acquisition, or sale of any of our assets or the Sites you consent to the disclosure to, and use by, any subsequent owner or operator of the Sites, of any information about you contained in our databases.
For more information on protecting your privacy, please visit www.ftc.gov/privacy.