Privacy Statement


This Privacy Statement sets forth the information gathering, use, and dissemination practices of Asset in Wellness, LLC., TalkTutor, and other entities represented by Tessa Gittleman, LAMFT, (“TG”) in connection with the World Wide Web site located at www.TalkTutor.org, and any affiliated subpages (“Site”). This Privacy Statement applies solely to information TG learns about you or obtains from you when you visit TG’s Site.  This Privacy Statement does not address nor govern any information gathering, use, or dissemination practices related to information collected in any other way.

This Privacy Statement does not address or govern the collection, maintenance, use, or disclosure of any private health information.  Additional information about your rights with respect to your private health information is available in the HIPAA disclosure statement available at The Calli Institute or directly from TG.

TG can be contacted by mail at 3948 W. 49th 1/2 Street, PO Box 24512, Edina, MN 55424, by phone at (612) 440-8377, or by e-mail at tess@talktutor.org.

Your access or use of the Site constitutes your legally binding acceptance of, and agreement to, this Privacy Statement.  This Privacy Statement may be changed at any time.  It is your obligation as a user visiting the Site to familiarize yourself with this Privacy Statement.  Any change to this Privacy Statement shall also be effective as to any visitor who has visited the Site before the change was made.

1. Collection of Personal Information from Site Visitors

TG may collect or track:

The home server domain names, e-mail addresses, type of client computer, files downloaded, search engine used, operating system, and type of web browser of visitors to the Site, Your e-mail addresses if you communicate with TG via e-mail,
Information you knowingly provide in online forms, registration forms, surveys, e-mail, and other online avenues (including, without limitation, demographic and personal profile data), and Aggregate and user-specific information regarding which pages Site visitors access.

In addition to information you provide, TG may collect the name of the domain and host from which you access the internet; the IP address of the computer you are using; and the browser and operating system you are using; the date and time you accessed the Site; and the internet address of the web site from which you linked to the Site.  TG may place internet “cookies” on visitors’ hard drives.

Internet cookies can save data about individual visitors, such as the visitor’s name, user-name, and the pages of a site viewed by the visitor.  When the visitor revisits the Site, the Site may recognize the visitor by the internet cookie and customize the visitor’s experience accordingly.  Visitors may disable internet cookies, if any, by using the appropriate feature of their web client software, if available.

When a visitor performs a search within the Site, TG may record information identifying the visitor or linking the visitor to the search performed.  TG may also record limited information for every search request and use that information to solve technical problems with the services available directly or indirectly in connection with the Site and to calculate overall usage statistics.

2. Use of Personal Data Collected

Personal data collected by TG may be used by TG for many reasons.  Examples may include, editorial and feedback purposes, for marketing and promotional purposes, for a statistical analysis of users’ behavior, for service development, for content improvement, for fulfillment of a requested transaction or record keeping, or to customize the content and layout of the Site.  Aggregate data on visitors’ home servers may be used for internal purposes, and individually identifying information, such as names, postal and e-mail addresses, phone numbers, and other personal information which visitors voluntarily provide to TG may be added to TG’s databases and used for future contact, mailings, and e-mail communications regarding Site updates, news, new services, and upcoming events.

TG may also use Site visitor data to contact the Site visitors regarding account status and changes to the submissions agreement, privacy statement, and any other policies or agreements relevant to Site visitors.

3. Disclosure of Personal Data to Third Parties

TG will not generally disclose any personally identifiable information to third parties.  Notwithstanding the foregoing, TG may disclose or distribute identifiable or non-identifiable data to a third party under certain situations including:

1)  As necessary for the conduct of normal business.  For example, TG may disclose your personally identifiable information in connections with bill payment by a third party.

2)  As required by law.  For example, TG may disclose your personally identifiable information to a third party pursuant to a valid subpoena, court order, or other form of legal process.

3)  As determined by TG in his sole judgment that disclosure or distribution is appropriate to protect the life, health, or property of TG or any other person or entity.  For example, TG may disclose your personally identifiable information in response to a request by or on behalf of any local, state, federal, or other government agency, department, or body, whether or not pursuant to a subpoena, court order, or other form of legal process.

While TG may undertake efforts to ensure that such third parties use the personal data solely for the purposes for which the data was disclosed, TG is not responsible for the privacy practices of such third parties and will not be liable for any use of disclosure, by a third party, of any user’s personal data.

This Site may contain links to other World Wide Web sites or advertisements for, or placed by, third parties.  TG is not responsible for the privacy practices of such Web sites, advertisers, or third parties, or for the content of such sites or advertisements.  It is possible that these links or advertisements, themselves, may be used by third parties or others to collect personal or other information about Site visitors.  It is solely the visitors’ obligation to review and understand the privacy practices and policies of these other web sites and of these advertisers and third parties.

4. Security Measures

TG has implemented security features to prevent the unauthorized release of or access to users’ personal information.  Please be advised, however, that the confidentiality of any communication or material transmitted to or from TG via this Site or e-mail cannot be guaranteed.  Accordingly, TG is not responsible for the security of information transmitted via the internet.  As an alternative to communicating with TG via e-mail or the internet, visitors can contact TG by mail at 3948 W. 49th 1/2 Street, PO Box 24512, Edina, MN 55424, by phone at (612) 440-8377, or in person at The Calli Institute.

5. Your Opt-Out Right

You can always choose to withhold any information you do not want to provide, even though the information may be necessary in order for TG provide you with services through the Site.

In addition, except as necessary for TG to provide the services, information, or products requested by you, you may opt out of having your personally identifiable information used by TG for secondary purposes, or disclosed by TG to third parties by contacting TG in writing via postal mail, at the addresses set out above. (This does not apply to collection of the type of web browser of the visitor to the Site or to information provided or collected that does not meet the above description.)  Such a request may result in TG declining to provide services to you through the Site or denying you access to the Site.

6. Compliance with the Children’s Online Privacy Protection Act (COPPA).

The Site is not directed at children under the age of 13.  TG complies with the Children’s Online Privacy Protection Act (COPPA) and to the extent that TG is able to determine the age of users by their submissions to or communications with the Site, TG will not knowingly collect, use, or disclose personally identifiable information from individuals under the age of thirteen (hereinafter referred to as “Child” or “Children”) without their parent’s or guardian’s consent.  TG does not provide products or services to Children without parental consent.  If you are under 13, you may use the Site only with the involvement of a parent or guardian.

Upon request from a parent or guardian of a Child who has provided such personally identifiable information to the Site, TG will: provide to the parent or guardian a description of the specific types of information collected from the Child; provide to the parent or guardian a means and stated procedures to review such information and to halt future disclosure, use, and maintenance of such information (e.g., the parent or guardian has the option to consent to the collection and use of their Child’s personally identifiable information without consenting to the disclosure of that information to third parties), as applicable; cease collection in the future of such information from the Child; or provide any combination of the foregoing.

TG is prohibited by law from conditioning a Child’s participation in an activity on the Child’s disclosure of more personally identifiable information than is reasonably necessary to participate in such activity.

7. TG’s Right to Contact Users

TG reserves the right to contact Site visitors regarding account status and changes to the subscriber agreement, privacy statement, and any other policies or agreements relevant to Site visitors.

8. TG’s Right to Change Privacy Statement Terms

TG may change this Privacy Statement at any time.  It is the obligation of users visiting the Site to familiarize themselves with this Privacy Statement, and any change to this Privacy Statement.

9. Procedure for Correcting or Updating your Information

If you would like to update or modify the personal information obtained by TG through this Site, you may do so by:

Mail to 3948 W. 49th 1/2 Street, PO Box 24512, Edina, MN 55424, Phone (612) 440-8377, or e-mail at tess@talktutor.org.

Terms & Conditions

Welcome to www.TalkTutor.org.  Tessa Gittleman, LAMFT and/or her affiliate organizations, (“TG”) provides website features to you subject to the following Terms and Conditions (“Terms and Conditions”).  The Terms and Conditions govern your use of the World Wide Web site located at www.TalkTutor.org, and any associated subpages (“Site”).  By accessing, viewing, or using the content, material, or services available on or through this Site, you indicate that you have read and understand these Terms and Conditions, and that you agree to them and intend to be legally bound by them. If you do not agree to these Terms and Conditions, you are not granted permission to use this Site and must exit immediately.

These Terms and Conditions may be changed at any time.  It is your obligation as a user visiting the Site to familiarize yourself with these Terms and Conditions.  Any change to these Terms and Conditions shall also be effective as to any visitor who has visited the Site before the change was made.

1. Website Information

If you are seeking medical attention, or if you feel that you may be a danger to yourself or others, please call 911 immediately.

TG attempts to be as accurate as possible.  However, TG does not warrant that information or other content of this Site is accurate, complete, reliable, current, or error-free.  The specific application of information and principles on this Site will vary according to the particular circumstances of each individual.

This Site, and its entire content, is offered by TG for informational purposes only, and is in no way intended to constitute medical or psychological treatment of any kind.  Your use of this Site, including for the purpose of communicating with TG, does not create a psychotherapist/client relationship, nor does is create any legal privilege.  You should not act upon any information provided on this Site without first seeking individual professional advice.

2. Proprietary Rights

LICENSE AND SITE ACCESS

TG grants you a limited license to access and make personal use of this Site, and expressly does not grant a license to download (other than page caching) or modify the Site, or any portion of it, except with express written consent of TG.  This license does not include any resale or commercial use of this Site or its contents; any collection and use of any product or service listings, descriptions, or prices; any derivative use of this Site or its contents; any downloading or copying of account information for the benefit of another business or enterprise; or any use of data mining, robots, or similar data gathering and extraction tools.  This Site or any portion of this Site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of TG.  You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of TG without express written consent.  You may not use any meta tags or any other “hidden text” utilizing TG’s name or trademarks without the express written consent of TG.  Any unauthorized use immediately terminates the permission or license granted by TG.  You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of www.TalkTutor.org so long as the link does not portray TG, or the associated products or services in a false, misleading, derogatory, or otherwise offensive manner.  You may not use TG’s logos or other proprietary graphic or trademark as part of the link without the express written permission of TG.

COPYRIGHT

All content included on this Site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of TG or her content suppliers and protected by United States and international copyright laws.  The compilation of all content on this Site is the exclusive property of TG and is protected by U.S. and international copyright laws.  All software used on this Site is the property of TG or the relevant software suppliers and protected by United States and international copyright laws.

All works of authorship, information, content, and material appearing on or contained in this Site (“Site Materials”) are protected by law, including but not limited to, United States copyright law.  Except as explicitly stated in the Site, the entirety of the Site Materials (including, without limitation, data, illustrations, graphics, audio, video, photographs, pictures, illustrations, recordings, drawings, sketches, artwork, images, text, forms, and look and feel attributes) are © 1986 – 2013 TG, all rights reserved.  TG also owns a copyright in this Site as a collective work and/or compilation, and in the selection, coordination, arrangement, organization and enhancement of the Site Materials.

Removing or altering any copyright notice or any other proprietary notice on any Site Materials is strictly prohibited.  Any commercial use of any or all Site Materials, in whole or in part, without the prior written consent of TG, is prohibited.  Any reproduction, distribution, performance, display, preparation of derivative works based upon, framing, capturing, harvesting, or collection of, or creating of hypertext or other links or connections to any Site Materials or any other proprietary information of TG, without TG’s advance written consent, is prohibited.

All names, trademarks, service marks, symbols, slogans, and logos appearing on the Site are proprietary to TG or her licensors.  Use or misuse of these trademarks is expressly prohibited and may violate federal, state, and international trademark law.

TRADEMARKS

Tessa Gittleman, LAMFT, Asset in Wellness, LLC, and www.TalkTutor.org, and other Site graphics, logos, page headers, button icons, scripts, and service names are trademarks, registered trademarks or trade dress of TG in the U.S. and/or other countries.  TG’s trademarks and trade dress may not be used in connection with any product or service that is not TG’s, in any manner that is likely to cause confusion among customers, or in any manner that disparages or discredits TG.  All other trademarks not owned by TG that appear on this Site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by TG.

3. Communications with and Submissions to the Site

ELECTRONIC COMMUNICATIONS

This section is not intended to alter or amend any existing rules, laws, regulations, or standards regarding psychotherapist/client confidentiality or privilege.

TG encourages visitors to submit comments, and other content; send e-mail and other communications; and submit suggestions, ideas, questions, or other information (collectively, “Submissions”), so long as the content is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, or other malware, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

When you visit the Site or transmit any Submissions to TG electronically, you are communicating with TG electronically.  By communicating with TG electronically, you consent to receive communications from TG electronically.  TG will communicate with you by e-mail or by posting notices on this Site.  By communicating with TG electronically, you also agree that all agreements, notices, disclosures and other communications that TG provides to you electronically satisfy any legal requirement that such communications be in writing.

By transmitting any submissions to TG electronically, you specifically acknowledge that you understand that TG makes no warranties or assurances that such submissions will be accessed, read, or responded to by TG.

TG has the right but not the obligation to monitor and edit or remove any activity or content.  TG takes no responsibility and assumes no liability for any content posted by you or any third party.

By transmitting any Submission(s) to TG, you automatically grant TG, and any sublicensees, the royalty-free, perpetual, irrevocable, non-exclusive and fully sublicensable right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, redistribute, transmit, perform and display any or all of such Submissions (in whole or part) throughout the world and to incorporate such in other works and in any form, media, or technology now known or later developed for the full term of any rights that may exist in such Submission(s); and the right to use your name, likeness, voice, photograph, and any other indicia of identity and information provided to TG by you, in connection with the use, exploitation, promotion and/or advertising of the Submission(s) and/or the Site.  Further, TG is free to use any ideas, concepts, methods, techniques, and/or processes contained in any Submissions you send to this Site for any purpose whatever, including, but not limited to, creating and marketing products, information, or services using such information.

By transmitting any Submission(s) to TG, you hereby represent and warrant to TG that you own or otherwise control all of the rights to the content that you post; that the content is accurate; that use of the content you supply does not violate this policy and will not cause injury to any person or entity; and that you will indemnify TG for all claims resulting from content you supply.

By transmitting any Submission(s) to TG, you also represent and warrant that: (i) you are of legal age and otherwise legally competent to enter into contracts; (ii) you have all rights, approvals and/or consents necessary to submit the Submission(s) on the Terms provided herein; (iii) no permission is required from any other individual or company for TG to use the Submission(s); (iv) the materials contained in the Submission(s), including, without limitation, the, ideas, compositions, and other materials, are original, were created only by you, do not contain any “samples,” excerpts, or other works from the material of others, and do not otherwise infringe on the intellectual property rights of any other individuals or companies; (v) the Submission(s) does not and will not violate any laws or be defamatory, libelous, pornographic or obscene; (vi) you are not bound by any contract that would prohibit you from agreeing to these Terms and Conditions; (vii) you will not hold TG liable for copyright or trademark infringement based, in whole or in part, upon TG’s access to and use of the Submission(s); and (vi) the Submission(s) will not contain any “viruses” or other information that may damage or otherwise interfere with TG’s computer systems or data, or the computer systems or data of users of TG’s website.  You shall be fully responsible for any breach of the representations and warranties made to TG under this paragraph, and you shall indemnify TG and hold TG harmless from and against any and all claims, liabilities, actions, losses, damages and costs, including reasonable attorneys’ fees and costs, arising from any such breach.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead as to the origin of an e-mail, card or any other Submission.  TG maintains the right (but not the obligation)to review your Submission(s) and, in his sole discretion, decline to post and/or remove any Submission(s) for any reason or for no reason at all, at any time, and without notice.

You may request that TG delete your Submission(s) from the Site by emailing TG at Tess@TalkTutor.org and specifically indentifying the Submission(s) you are requesting to be deleted.  Upon receipt of your emailed request, TG will make all reasonable efforts to delete your Submission(s) from the system and Site; however, TG disclaims any and all responsibility for any copies of your Submission(s) that may have been made by a user of the Site before your Submission(s) was removed.

4. Use and Nature of the Internet

Given the nature of the internet, the transmission of any communication or Submission to TG via the Site or internet e-mail, whether encrypted or otherwise, cannot be guaranteed in all circumstances as secure.  As an alternative to communicating over the internet or e-mail, TG can be contacted by postal mail at: 3948 W. 49th 1/2 Street, PO Box 24512, Edina, MN 55424.

5. Privacy

TG has a Privacy Statement describing TG’s online information gathering and dissemination practices with respect to the Site.  Please review the Privacy Statement, which is incorporated into these Terms and Conditions by reference, as if set forth fully herein, and which also governs your visit to the Site.  Additional information about your rights with respect to your private information is available in the HIPAA Rights Disclosure statement available at www.TalkTutor.org or directly from TG.

6. Disclaimer of Warranties and Limitation of Liability

Use of the Internet is solely at your own risk and is subject to all applicable local, state, national, and international laws and regulations.  This Site, and all information, content, materials, products, and services included on and in or otherwise made available through this Site, are made available on an “as is,” “as available,” and “with all faults” basis unless otherwise specified in writing.  You expressly agree that use of this Site is entirely at your own risk.

TG makes no representations or warranties of any kind, express or implied, as to the operation of this Site or the information, content, materials, products, or services included on or otherwise made available through this Site.

To the fullest extent permissible by applicable law, TG disclaims all representations and warranties, with respect to this Site, the Site Materials on and in and made available through this Site, and the services, information, and products offered in connection therewith, express or implied, written or oral, arising from course of dealing, course of performance, usage of trade, or otherwise, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, accuracy, systems integration, non-interference, quality, title, and non-infringement.  The entire risk as to satisfactory quality, performance, accuracy, and effort with regard to any and all Site Materials on and in and made available through this Site is with you.

TG shall not be liable for any direct, special, indirect, incidental, consequential, exemplary, extra-contractual, punitive, or other damages of any kind whatever, including, without limitation, lost revenues or lost profits, which may or do result from the use of, access to, or inability to use this Site, the Site Materials on and in and made available through this Site, or the services, information, and products offered in connection with this Site, regardless of legal theory, whether or not any party had been advised of the possibility or probability of such damages, and even if the remedies otherwise available fail of their essential purpose.  Under no circumstances will the total liability of TG to you or any other person or entity in connection with, based upon, or arising from this Site, the Site Materials on and in and made available through this Site, or the services, information, or products offered in connection therewith, exceed the price paid by you for use of this Site.

TG does not warrant that this Site, information, content, materials, products or services included on or otherwise made available to you through this Site, their servers, or e-mail sent from TG are free of viruses or other harmful components.

Typographical Errors
In the event that a TG product is mistakenly listed at an incorrect price, TG reserves the right to refuse or cancel any orders placed for product listed at the incorrect price.  TG reserves the right to refuse or cancel any such orders whether or not the order has been confirmed and your credit card charged. If your credit card has already been charged for the purchase and your order is cancelled, TG shall issue a credit to your credit card account in the amount of the incorrect price.

Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages.  If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you might have additional rights.

7. Indemnification

You agree to defend, indemnify, and hold harmless TG, her affiliates, contractors, and partners of any and all type, and all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys from and against any and all suits, actions, claims, proceedings, damages, settlements, judgments, injuries, liabilities, obligations, losses, risks, costs, and expenses (including without limitation attorneys’ fees and costs) relating to or arising from this Site, your use of this Site, your Submission(s) to the Site, your fraud, violation of law, or willful misconduct, and any breach by you of these Terms and Conditions.

8. Corrections and Changes

TG endeavors to keep the Site and Site Materials on, in, and through this Site up-to-date.  Without limiting anything else in these Terms and Conditions or otherwise, TG is not responsible for any errors or omissions in the Site or Site Materials.  TG may make changes to the Site or Site Materials, or to the products, information, or services made available in connection with this Site, at any time with or without notice, and TG makes no commitment to update the information contained on or in this Site.  TG reserves the right to terminate your access to this Site in the event that you violate these Terms and Conditions or for any reason whatever, or for no reason, with or without notice, in addition to any and all other remedies available at law or in equity.

9. Links to Other Web Sites

This Site may, from time to time, contain links to other third-party internet web sites for the convenience of users in locating information, products, or services that may be of interest.  TG is not responsible for examining or evaluating, and TG does not warrant the offerings of, any of these businesses or individuals or the content of their web sites.  These sites are maintained by organizations over which TG exercises no control, and TG expressly disclaims any and all responsibility for the content, the accuracy of the information, the security of information provided to any third-party sites, and the quality of products or services provided by or advertised on these third-party sites.

Without limiting anything else in these Terms and Conditions or otherwise, TG does not assume any responsibility or liability for any errors or omissions in the Site or Site Materials, or for the information, links, text, graphics, or other items made available on other web sites created, maintained, or otherwise controlled by third parties.  You should carefully review the privacy statements and other conditions of use for any third-party material.

10. Governing Law, Jurisdiction, and Disputes

GOVERNING LAW

By visiting the Site, you agree that the laws of the state of Minnesota, without regard to principles of conflict of laws, will exclusively govern these Terms and Conditions and any dispute of any sort that might arise between you and TG.

JURISDICTION

By accessing, viewing, or using the works, content, or materials on this Site, you consent to the exclusive jurisdiction of the federal and state courts presiding in Hennepin County, Minnesota, and agree to accept service of process by personal delivery or mail and hereby waive any and all jurisdictional and venue defenses otherwise available.  Any party who unsuccessfully challenges the enforceability of this jurisdiction clause shall reimburse the prevailing party for its attorney’s fees and costs, and the party prevailing in any such dispute shall be awarded its attorneys’ fees and costs.

This Site is controlled and operated by TG from her offices within the United States and the State of Minnesota.  Without limiting anything else, TG makes no representation that the works, content, materials, services, information, or products available on, in, or through the Site are appropriate or available for use in other locations, and access to them from territories where they are illegal, or otherwise limited, is prohibited.  Those who choose to access this Site from other locations do so of their own free will and are responsible for compliance with all applicable laws.  The waiver or failure of TG to exercise in any respect any right provided hereunder shall not be deemed a waiver of such right in the future or a waiver of any of the other rights established under these Terms and Conditions.

DISPUTES

These Terms and Conditions, including, without limitation, the Privacy Statement, represent the entire agreement between you and TG with respect to the subject matter hereof, and supersede any and all prior and contemporaneous written and oral representations, understandings, and agreements, express and implied, and will be governed by and construed in accordance with the laws of the State of Minnesota, without regard to principles of conflict of laws.

Notwithstanding the Dispute Resolution provisions below, any dispute relating in any way to your visit to the Site or to products or services sold, distributed, or provided, by TG or through the Site shall be adjudicated in any state or federal court in Hennepin County, Minnesota, and you consent to exclusive jurisdiction and venue in such courts.

Dispute Resolution

In the event any dispute or controversy arising out of or relating to this Agreement, the parties agree to exercise their best efforts to resolve the dispute as soon as possible.  The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute.

Mediation

In the event that the parties can not, by exercise of their best efforts, resolve the dispute, they shall submit the dispute to Mediation.  The parties shall, without delay, continue to perform their respective obligations under this Agreement which are not affected by the dispute.  The invoking party shall give to the other party written notice of its decision to do so, including a description of the issues subject to the dispute and a proposed resolution thereof.  Designated representatives of both parties shall attempt to resolve the dispute within 30 days after such notice.  If those designated representatives cannot resolve the dispute, the parties shall meet at a mutually agreeable location and describe the dispute and their respective proposals for resolution to responsible agents of the disputing parties, who shall act in good faith to resolve the dispute. If the dispute is not resolved within 60 days after such meeting, the dispute shall be submitted to binding arbitration in accordance with the Arbitration provision of this Agreement.

Arbitration

Any controversies or disputes arising out of or relating to this Agreement, not resolved through mediation, shall be resolved by binding arbitration in accordance with the then current Commercial Arbitration Rules of the American Arbitration Association.  The parties shall endeavor to select a mutually acceptable arbitrator knowledgeable about issues relating to the subject matter of this Agreement.  In the event the parties are unable to agree to such a selection, each party will select an arbitrator and the arbitrators in turn shall select a third arbitrator.  The arbitration shall take place at a location that is reasonably centrally located between the parties, or otherwise mutually agreed upon by the parties.

All documents, materials, and information in the possession of each party that are in any way relevant to the claim(s) or dispute(s) shall be made available to the other party for review and copying no later than 30 days after the notice of arbitration is served.

The arbitrator(s) shall not have the authority, power, or right to alter, change, amend, modify, add to, or subtract from any provision of this Agreement or to award punitive damages.  The arbitrator shall have the power to issue mandatory orders and restraining orders in connection with the arbitration.  The award rendered by the arbitrator shall be final and binding on the parties, and judgment may be entered thereon in any court having jurisdiction.  The agreement to arbitration shall be specifically enforceable under prevailing arbitration law.  During the continuance of any arbitration proceeding, the parties shall continue to perform their respective obligations under this Agreement.

11. Force Majeure

TG shall not be liable for any damages resulting from a failure or delay in performance caused by causes beyond TG’s reasonable control and occurring without her fault or negligence, including, without limitation, failure of suppliers, subcontractors, and carriers.  Without limiting anything else in these Terms and Conditions or otherwise, neither TG, her affiliates, contractors, and partners of any and all type, nor all of their respective directors, officers, employees, representatives, proprietors, partners, shareholders, servants, principals, agents, predecessors, successors, assigns, accountants, and attorneys will be liable for any loss resulting from failure of electronic or mechanical equipment or communication lines, telephone or other interconnection problems or errors, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, natural disasters, strikes or other labor problems, wars, armed conflict or governmental restrictions.

12. Your Account

If you use this Site, you are responsible for maintaining the confidentiality of your private information, including your private health information, for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password, if any.  TG does provide products or services to Children.  If you are under 13, you may use www.TalkTutor.org only with the involvement of a parent or guardian.  TG reserves the right to refuse service, terminate accounts, remove or edit content, or cancel access and orders in her sole discretion.

13.  Risk of Loss

All items purchased from TG are made pursuant to a shipment contract.  This means that the risk of loss and title for such items pass to you upon TG’s delivery to the carrier.

14.  Site Policies, Modifications, and Severability

TG reserves the right to make changes to the Site, policies, and these Terms and Conditions at any time.  If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.  Headings used in these Terms and Conditions are for reference only and shall not affect the interpretation of these Terms and Conditions.

15.  Copyright Complaints

TG respects the intellectual property of others.  If you believe that your work has been copied in a way that constitutes copyright infringement, please provide TG’s copyright agent the written information specified below.  Please note that this procedure is exclusively for notifying TG that your copyrighted material has been infringed.

An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; A specific description of the copyrighted work that you claim has been infringed upon; A specific description of where the material that you claim is infringing is located on the Site; Your address, telephone number, and e-mail address; A statement by you that you have a good-faith belief that the disputed use is not authorized or allowed 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.