Welcome to https://ms-jd.org/ (the “Site”), which is owned and operated by Ms. JD Corporation (“Ms. JD”). The following Terms of Use Agreement (“Agreement”) governs your access to and use of the Site. Please review the entire Agreement carefully. The Agreement is a legal contract and by using the Site, you agree to be bound by all terms of this Agreement. Please review the entire Agreement carefully before using the Site.
THIS AGREEMENT REQUIRES THE USE OF ARBITRATION (SECTION 20) ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE.
Ms. JD reserves the right to change the Agreement or to modify, suspend or discontinue any features of the Site at any time at its sole discretion. You agree that Ms. JD will not be liable to you or to any third party for any modification, suspension or discontinuation of the Site or any part thereof. The most current version of the Agreement can be reviewed by clicking on the “Terms of Use” hypertext link located at the bottom of the Site. You should check the Site from time to time to review the current Agreement because it is binding on you. Your continued use of the Site constitutes your acceptance of any changes to the Agreement. The Site is intended for the use of adults 18 years or older and children over the age of 13 with parental permission. You acknowledge and agree that Ms. JD will have no obligation to provide you with any support or maintenance in connection with the Site.
Ms. JD offers paid and unpaid online courses, webinars and resources (collectively, “Courses”) and a social networking community through our partner, Mighty Networks, https://ms-jd.mn.co/, (“Mighty Networks Platform”). Please note that although we provide some content for the Mighty Networks Platform, we do not ultimately host or control the Mighty Networks Platform and are not responsible for it. When using the Mighty Networks Platform to access the social networking community or Courses, you will be subject to Mighty Networks’ Terms of Use and Privacy Policy.
Your use of the Site will be governed by the Ms. JD Privacy Policy. By using the Site, you also indicate that you understand and consent to the information collection, use, and disclosure practices described in our Privacy Policy.
You are required to comply with all applicable laws in connection with your access to and use of the Site, and such further limitations as may be set forth in any written or online notice from Ms. JD. As a condition of your access to and use of the Site, you warrant that you will not use the Site for any purpose that is unlawful or prohibited by the Agreement. Use of the Site is for your personal and non-commercial use, and Ms. JD does not grant you any express or implied rights to access or use the Site for any other purpose.
Neither users nor employees of Ms. JD are authorized to provide legal, accounting, or other professional advice using the Site. Moreover, Ms. JD has not confirmed the credentials of users who purport to be experts or specialists in any particular field. Accordingly, you agree not to treat any information you receive on or through the Site as professional advice or to rely on it as professional advice. Always seek the counsel of a lawyer or other professional regarding any legal issue or other matter for which you need advice.
Certain features or portions of the Site are restricted to users who have registered with us (“Restricted Areas”) and have received a login and password through which they are authorized to access these Restricted Areas. When registering, you must create an account (“Account”) by filling in all mandatory fields with true, accurate, current, and complete information about yourself as prompted in the registration form and maintain and promptly update this information to keep it true, accurate, current, and complete. Any information you submit in accordance with this section will be subject to the policies set forth in the Ms. JD Privacy Policy. Ms. JD has the right to suspend or terminate your Account and refuse any and all current or future use of its service if it suspects that such information is untrue, inaccurate, not current, or incomplete.
You agree not to access Restricted Areas except using the login and password to your Account, and you agree not to share your login and password with anyone else. If, despite your agreement not to do so, you share your login and password with another person or if another person accesses the Site using your login and password without your permission, you agree to take full responsibility for the statements and actions of that other person, for any charges incurred by that other person, and for any damages caused by, resulting from, or accruing in connection with that other person's use of the Site. You agree to notify us immediately if you become aware of any unauthorized use of your password or username, or any other breach of security.
The Site may allow you to purchase Courses. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in U.S. Dollars and are non-refundable. You authorize Ms. JD (or its third party payment processor) to charge all such sums listed on the Site for the Courses that you order to the payment method specified in your account and/or at the time of purchase. Your agreement with your credit card or other payment provider governs your use of the designated payment method, and you must refer to that agreement, not this Agreement, to determine your rights and liabilities thereunder. You agree to immediately notify Ms. JD of any change in your billing address or payment information used for payment hereunder. Ms. JD reserves the right at any time to change its prices and billing methods immediately upon posting on the Site. All Course sales are final and refunds are not available once Courses have been purchased. Please note that the Courses are made available through the Mighty Networks Platform, and that you will be required to agree to Mighty Network’s Terms of Use and Privacy Policy prior to accessing the Courses.
You are responsible for maintaining the confidentiality of the password and username you provided during the registration process, and you are fully responsible for all activities that occur under your password or Account. You agree to immediately notify Ms. JD of any unauthorized use of your password or username or any other breach of security.
You acknowledge that Ms. JD may establish general practices and limits concerning use of the Site, including, without limitation, the maximum number of days that message board postings or other uploaded content will be retained by the Site, the maximum number of postings or other content that may be uploaded to the Site, the maximum size of any postings or other content that may be uploaded, and the maximum number of times (and the maximum duration for which) you may access the Site in a given period of time. You agree that Ms. JD has no responsibility or liability for the deletion or failure to store any postings or other content transmitted to the Site. You acknowledge that Ms. JD reserves the right to terminate accounts that are inactive for an extended period of time.
The entire content included in the Site, including all User Submissions (defined below), including, without limitation, the text, design, graphics, interface, sounds, music, video, interactive features and the like, and the selection and arrangement thereof (“Content”) and the trademarks, service marks, and logos contained therein (“Marks”), are owned by or licensed to Ms. JD and are subject to copyright, trademark and other intellectual property rights under United States and foreign laws and international conventions.
All Content on the Site and Courses are provided to you AS IS for your information and personal use only. You may download, view, copy and print Content, subject to the following conditions:
Except as provided above, you agree not to use, modify, copy, reproduce, disassemble, reverse compile or reverse engineer, distribute, transmit, broadcast, display, create derivative works of, perform, publish, adapt, display, sell, license, assign, host, transfer or otherwise commercially exploit any of the Courses or Content included in the Site in whole or in part for any other purposes whatsoever without the prior written consent of Ms. JD and/or the respective owners of such Content. Ms. JD reserves all rights not expressly granted in and to the Site and the Content.
To the extent that you add, upload, transmit, post, communicate, or store any written, photographic, audio, video, or other content on the Site or otherwise submit any content for use by Ms. JD ("User Submissions"), you are solely responsible for all of the information, statements, facts, and material contained in such User Submissions. In connection with any User Submission you may submit, you agree not to transmit, distribute, post, communicate or store information or other material on, to, or through the Site that:
Ms. JD does not claim ownership of your User Submissions. However, by adding, uploading, transmitting, posting, communicating, or storing such User Submissions on the Site or by otherwise submitting such User Submissions for use by Ms. JD, you grant Ms. JD, its successors and assigns, and the operators of the Site a worldwide, non-exclusive, royalty free, perpetual, irrevocable, transferable, and sub-licensable license to use, edit, modify, copy, reproduce, distribute, transmit, broadcast, display, create derivative works of, publish, perform, adapt, and display such User Submissions on or in connection with the Site and for such other purposes as Ms. JD (or its successors or assigns) may deem consistent with its mission, in all media formats and in all media channels now known or later developed, including for promotional and marketing purposes. You also agree to grant and hereby grant each user of the Site a non-exclusive license to access your User Submissions through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such User Submissions as permitted through the functionality of the Site and as otherwise expressly permitted under this Agreement, in particular Section 10 (Intellectual Property Rights) hereof.
You understand that Ms. JD does not guarantee that it will publish or maintain your User Submissions on the Site. Ms. JD may review, remove, revise, or reject User Submissions and/or terminate a user's access at any time, without prior notice and at its sole discretion, for any reason, including, but not limited to, uploading such material in violation of the Terms of Use and Code of Conduct. While Ms. JD may, from time to time, review User Submissions, Ms. JD does not undertake to review all such material. If you notice that any User Submissions appear to violate these Guidelines or the Agreement, or if any other user ever makes you feel harassed or unsafe, please contact us and indicate that you are reporting an abuse. Ms. JD is not responsible for any disputes between you and another user. You interact with other users at your own risk. Ms. JD does not guarantee any confidentiality with respect to any User Submissions that you add, upload, transmit, post, communicate or store on the Site or that Ms. JD otherwise may receive from you.
Ms. JD does not undertake to investigate or confirm the identities or statements of users, and so you should use the same care in disclosing information on the Site as you would in disclosing information about yourself to any person that you do not know. Specifically, you agree not to post personal information or information that could be considered sensitive in a public forum, and to disclose such information privately only if you know the person to whom you are disclosing it. If you choose to make such a private disclosure, you agree to assume all risks associated with that decision. If you ever question whether it is safe to disclose information about yourself, you should not disclose it. Instead, let Ms. JD know about the situation.
If you are a copyright owner or an agent thereof and believe that any Content infringes upon your copyrights, you may request that such material be removed from the Site by submitting a notification pursuant to the Digital Millennium Copyright Act (“DMCA”). To request removal of your copyrighted material, please send written notice to our Copyright Agent containing all of the following information:
The Copyright Agent’s contact information is as follows: Ms. JD, Editor-in-Chief, 340 S LEMON AVE #4942, WALNUT, CA 91789; email: staff@ms-jd.org; phone: 1-(909)-979-9810 .
You acknowledge that if you fail to comply with all of the requirements of this Section, your DMCA notice may not be valid. Also, note that under Section 512(f) any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability.
Upon receipt of such a notice of claimed infringement (or any statement in conformance with 17 U.S.C. § 512(c)(3)), Ms. JD will act expeditiously to remove or disable access to any content that is claimed to be infringing upon the copyright of any person under the laws of the United States, and will terminate the Site privileges of those who repeatedly infringe on the copyright of others.
If you believe that your User Submission has been erroneously removed because it was improperly identified as violating someone’s copyright, you may send us a counter notice to have your User Submission replaced. If you elect to send us a counter notice, please send written notice to our Copyright Agent, as identified above, containing all of the following information:
Please note that under Section 512(f) of the Copyright Act, any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be subject to liability.
You agree not to:
By using this Site, you understand and agree that Ms. JD may at any time monitor, review, use, or disclose any content or communication posted or transmitted by, to, or from you on the Site. You further understand and agree that Ms. JD may use or disclose any information related to you (including content or communications posted or transmitted on the Site) for any reason related to the operation of the Site, in order to investigate, prevent, or take action regarding activities that may be prohibited or unlawful, to exercise our legal rights under the Agreement, or otherwise to protect the rights and property of Ms. JD or any third party.
Violations of system or network security may result in civil or criminal liability. In accordance with this Agreement, Ms. JD will investigate and work with law enforcement authorities to prosecute users who are involved in such violations.
The Site may contain third-party owned content and links to other websites (“Linked Sites”). Ms. JD does not endorse, sponsor, recommend, or otherwise accept responsibility for any Linked Sites. In addition, Linked Sites, such as the Mighty Networks Platform, are not under the control of Ms. JD, and Ms. JD is not responsible for the content or privacy practices of the Linked Sites, including, without limitation, links contained on Linked Sites or any changes or updates to Linked Sites. You use all Linked Sites and the Mighty Networks Platform at your own risk, and should apply a suitable level of caution and discretion in doing so. Ms. JD is providing third-party content and Linked Sites to you only as a convenience, and the inclusion of such third-party content and Linked Sites is not an endorsement by Ms. JD in favor of any third party.
THE SITE IS PROVIDED “AS IS.” MS. JD MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER RELATING TO THE SITE, LINKED SITES, COURSES, MIGHTY NETWORKS PLATFORM OR OTHER CONTENT THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITE. MS. JD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL SUCH REPRESENTATIONS AND WARRANTIES.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, MS. JD DISCLAIMS TO THE MAXIMUM EXTENT PERMITTED BY LAW ANY AND ALL (a) WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, (b) WARRANTIES AGAINST INFRINGEMENT OF ANY THIRD-PARTY INTELLECTUAL PROPERTY OR PROPRIETARY RIGHTS, (c) WARRANTIES RELATING TO THE TRANSMISSION OR DELIVERY OF THE SITE, COURSE, OR MIGHTY NETWORKS PLATFORM, (d) WARRANTIES RELATING TO THE ACCURACY, RELIABILITY, CORRECTNESS, OR COMPLETENESS OF DATA MADE AVAILABLE ON THE SITE OR OTHERWISE BY MS. JD, INCLUDING THROUGH THE MIGHTY NETWORKS PLATFORM OR THE COURSES, AND (e) WARRANTIES OTHERWISE RELATING TO PERFORMANCE, NONPERFORMANCE, OR OTHER ACTS OR OMISSIONS BY MS. JD OR ANY THIRD PARTY, INCLUDING MIGHTY NETWORKS AND OTHER USERS THAT YOU MAY INTERACT WITH ON THE MIGHTY NETWORKS PLATFORM. FURTHER, THERE IS NO WARRANTY THAT THE SITE WILL MEET YOUR NEEDS OR REQUIREMENTS OR THE NEEDS OR REQUIREMENTS OF ANY OTHER PERSON.
MS. JD MAKES NO WARRANTIES OR REPRESENTATIONS, EXPRESS OR IMPLIED, (a) THAT THE INFORMATION PROVIDED THROUGH THE SITE OR MIGHTY NETWORKS PLATFORM WILL BE FREE FROM ERROR, OMISSION, INTERRUPTION, DEFECT, OR DELAY IN OPERATION, OR FROM TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (b) THAT THE SITE, COURSES, OR MIGHTY NETWORKS PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION; (c) THAT DEFECTS OR ERRORS IN THE SITE, COURSES OR MIGHTY NETWORKS PLATFORM WILL BE CORRECTED; OR (d) THAT THE CONTENT ON THE SITE OR MIGHTY NETWORKS PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY INFORMATION ON THIS SITE IS SUBJECT TO CHANGE WITHOUT NOTICE, AND MS. JD DISCLAIMS ALL RESPONSIBILITY FOR THESE CHANGES.
IN NO EVENT WILL MS. JD OR ITS AFFILIATES, OR ANY PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE BE LIABLE FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, SPECIAL, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS, USE, MISUSE, OR INABILITY TO USE THE SITE OR ANY LINKED SITES (INCLUDING MIGHTY NETWORKS PLATFORM OR ANY COURSES), OR IN CONNECTION WITH ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE. IN THE EVENT THAT YOU HAVE A DISPUTE WITH ANOTHER USER RELATED TO, ARISING FROM, OR IN ANY WAY CONNECTED WITH USE OF THE SITE, YOU RELEASE MS. JD FROM ANY CLAIMS, DEMANDS, AND DAMAGES OF EVERY KIND AND NATURE ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH A DISPUTE.
IF YOU ARE A CALIFORNIA RESIDENT, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH STATES, “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR OR RELEASED PARTY. THE FOREGOING RELEASE DOES NOT APPLY TO ANY CLAIMS, DEMANDS, OR ANY LOSSES, DAMAGES, RIGHTS AND ACTIONS OF ANY KIND, INCLUDING PERSONAL INJURIES, DEATH OR PROPERTY DAMAGE FOR ANY UNCONSCIONABLE COMMERCIAL PRACTICE BY MS. JD OR FOR MS. JD’S FRAUD, DECEPTION, FALSE, PROMISE, MISREPRESENTATION OR CONCEALMENT, SUPPRESSION OR OMISSION OF ANY MATERIAL FACT IN CONNECTION WITH ANY SERVICES PROVIDED HEREUNDER.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MS. JD’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO A MAXIMUM OF FIFTY US DOLLARS (U.S. $50). THE EXISTENCE OF MORE THAN ONE CLAIM WILL NOT ENLARGE THIS LIMIT.
SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
These limitations apply whether the alleged liability is based on contract, tort, negligence, strict liability, or any other basis, even if Ms. JD has been advised of the possibility of such damage. Because some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, Ms. JD’s liability in such jurisdictions shall be limited to the extent permitted by law.
YOU AGREE TO DEFEND, INDEMNIFY, AND HOLD HARMLESS MS. JD (AND ITS OFFICERS, EMPLOYEES, AND AGENTS) AND THIRD PARTIES WHO CONTRIBUTE TO THE SITE FROM ANY LOSS, DAMAGE, OR COST (INCLUDING ATTORNEYS' FEES) RESULTING FROM YOUR VIOLATION OF THE AGREEMENT OR YOUR USER SUBMISSIONS. MS. JD RESERVES THE RIGHT, AT YOUR EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER FOR WHICH YOU ARE REQUIRED TO INDEMNIFY US, AND YOU AGREE TO COOPERATE WITH OUR DEFENSE OF THESE CLAIMS. YOU AGREE NOT TO SETTLE ANY MATTER WITHOUT THE PRIOR WRITTEN CONSENT OF MS. JD. MS. JD WILL USE REASONABLE EFFORTS TO NOTIFY YOU OF ANY SUCH CLAIM, ACTION OR PROCEEDING UPON BECOMING AWARE OF IT.
Unless otherwise specified herein, the Agreement constitutes the entire agreement between you and Ms. JD and governs your use of the Site, superseding any prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and Ms. JD. If any portion of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intention of the parties, and the remaining portions shall remain in full force and effect.
Please read this carefully. It affects your rights.
Ms. JD reserves the right, in its sole discretion, to terminate your access to and use of the Site, with or without notice. If you wish to terminate this Agreement and discontinue your access to the Site, you may make such a request by email to Ms. JD. Sections 10, 11, and 16 through 25 of the Agreement shall survive termination.
The failure of Ms. JD to enforce any provisions of the Agreement or respond to a breach by you or other parties shall not in any way waive its right to enforce subsequently any terms or conditions of the Agreement or to act with respect to similar breaches.
The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, reexport, or transfer, directly or indirectly, any U.S. technical data acquired from Ms. JD, or any products utilizing such data, in violation of the United States export laws or regulations.
If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
You agree that no joint venture, partnership, employment, or agency relationship exists between you and Ms. JD as a result of the Agreement or your access to and use of the Site. Nothing contained in this Agreement is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Ms. JD with respect to such use. You may not transfer, sell, or otherwise assign your rights or obligations under this Agreement. This Agreement constitutes the entire agreement between you and Ms. JD regarding the use of the Site.
If you have any questions or comments about the Agreement please contact us and indicate that your inquiry concerns our Terms of Use.
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Ms. JD is a national organization that helps women in law find community and opportunity at every stage in their career, from aspiring attorneys to seasoned professionals.