Kovacs Institute Website Privacy Policy
Kovacs Institute, LLC. Website Privacy Policy, Legal Disclaimer and Terms & Conditions. (applies to www.kovacsinstitute.com)
Privacy Policy
If you require any more information or have any questions about our privacy policy, please feel free to contact us by email at Contact Us. At www.kovacsinstitute.com and we consider the privacy of our visitors to be extremely important. This privacy policy document describes in detail the types of personal information is collected and recorded by us and how we use it, and applies to the website.
Log Files
Like many other Web sites, http://www.kovacsinstitute.com makes use of log files. These files merely log visitors to the site - usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages and possibly the number of clicks. This information is used to analyze trends, administer the site, track user's movement around the site and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.
Cookies and Web Beacons
www.kovacsinstitute.com uses cookies to store information about visitors' preferences, to record user-specific information on which pages the site visitor accesses or visits and to personalize or customize our web page content based upon visitors' browser type or other information that the visitor sends via their browser. KI uses Google Analytics to collect visitor data and analyze traffic on our sites. This information helps us understand customer interests and helps us improve our websites. When you visit our site, the pages that you look at, and a short text file called a cookie, are downloaded to your computer. A cookie is used to store small amounts of information. This information is collected for traffic analysis only. The cookie does not contain personal details. Depending on the browser that you use, you can set your preferences to block/ refuse cookies, and/ or notify you before they are placed. The KI does not sell, give or trade the statistics they store to any 3rd parties for data-mining or marketing purposes.
Third Party Privacy Policies
You should consult the respective privacy policies of these third-party ad servers for more detailed information on their practices as well as for instructions about how to opt-out of certain practices. www.kovacsinstitute.com's privacy policy does not apply to, and we cannot control the activities of, such other advertisers or web sites.
If you wish to disable cookies, you may do so through your individual browser options. More detailed information about cookie management with specific web browsers can be found at the browsers' respective websites. What Are Cookies?
DMCA Digital Millennium Copyright Act Policy
Kovacs Institute.com will respond to allegations of copyright violations in accordance with the Digital Millennium Copyright Act (DMCA). The DMCA provides a process for a copyright owner to give notification to an online service provider concerning alleged copyright infringement. When a valid DMCA notification is received, the service provider responds under this process by taking down the offending content. On taking down content under the DMCA, we will take reasonable steps to contact the owner of the removed content so that a counter-notification may be filed. On receiving a valid counter-notification, we generally restore the content in question, unless we receive notice from the notification provider that a legal action has been filed seeking a court order to restrain the alleged infringer from engaging in the infringing activity.
KI may provide copies of notices to the participants in the disputes or third parties at our discretion and as required by law - the privacy policy for KI does not protect information provided in these notices.
To File a Notification
A written notification must be made. This can be done by written letter (regular mail or courier). Emails will not be accepted unless a prior arrangement has been made. The notification must:
- Identify in sufficient detail the copyrighted work that you believe has been infringed upon (i.e., describe the work that you own).
- Identify the item that you claim is infringing on your copyright, and provide information reasonably sufficient to locate the item in KI websites or other materials.
- Provide a reasonably sufficient method of contacting you; phone number and email address would be preferred.
- (Optional) Provide information, if possible, sufficient to permit us to notify the user(s) who posted the content that allegedly contains infringing material. You may also provide screenshots or other materials that are helpful to identify the works in question. (This is for identification only, not to "prove" substantive claims.) If KI posted the content, this does not apply.
- Include the following statement: "I have good faith belief that the use of the copyrighted materials described above and contained on the service is not authorized by the copyright owner, its agent, or by protection of law."
- Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
- Sign the paper.
Send the written document to the designated Copyright Agent at KI:
Kovacs Institute
Attn: Designated Copyright Agent
2500 Dallas HW SW Ste 202-141
Marietta, GA 30064
To file a counter-notification:
- List the information that was removed by the KI administrators, and the location on the website at which the material appeared before it was removed.
- Provide your name, address, telephone number, email address (if available).
- State that you consent to the jurisdiction of Federal District Court for the judicial district in which you reside (or Marietta, GA if your address is outside of the United States).
- State that you will accept service of process from the person who provided notification to us of the alleged infringement or an agent of such person.
- State the following: "I swear, under penalty of perjury, that I have a good faith belief that the material identified above was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled."
- Sign the paper.
Kovacs Institute
Attn: Designated Copyright Agent
2500 Dallas HW SW STe 202-14
Marietta, GA 30064
FAQ
How do I make a DMCA notification or counter-notification?
Please follow the instructions above precisely, including only the enumerated information. Inclusion of any information beyond the specifically required information and optional information listed above could significantly impede review of your attempted notification. You may find it simplest to cut-and-paste the numbered items above and use them as headings for the information you are submitting.
How does KI determine who "wins" and "loses"?
KI does not adjudicate the substance of the copyright claim: we do not declare winners and losers. Your copyright in an item is determined real-world processes including the DMCA. The DMCA process allows users of an online service to resolve copyright disputes using the adjudication systems available.
Can I submit my notices over email?
Unfortunately, email addresses posted on public website pages quickly become the target of spam, making it difficult to review legitimate communications. Please submit information as requested above; if digital files are necessary to identify materials in question, we can make arrangements for digital delivery.
I don't agree with the required statements. Do I have to state these things?
We will not accept notices under the DMCA that do not include the statements required by the DMCA.
Can you change the DMCA process?
The Digital Millennium Copyright Act is federal law, passed by the United States Congress. KI does not have the power to change congressional acts.
Why is KI imposing liability for damages for false claims of copyright infringement?
The liability for damages for false claims is a provision of the DMCA, which was not written by KI. Note that these damages and legal fees can be significant, for example http://www.onlinepolicy.org/action/legpolicy/opg_v_diebold/.
Can KI give me legal advice concerning my claim?
KI cannot provide legal advice to you. If you are uncertain about any legal issues, you are well-advised to obtain the services of a competent legal professional.
Do you terminate memberships based on DMCA claims?
If KI believes that a customer is continually abusing the DMCA process, either with filings that appear to be without basis, or by continually re-posting content that is the subject of valid DMCA notifications, we may exercise our right to terminate the abusing party's account. Keep in mind though, that KI's actions still do not determine the substantive outcome of copyright disputes. Copyright matters are real-world rights, governed by real-world systems.
Where can I find more information about the DMCA and other copyright laws?
There are many available resources on the Internet. KI is not responsible for the content provided by these other resources, but we have found the following to be informative:
A summary of the Digital Millennium Copyright Act can be found at:
http://www.copyright.gov/legislation/dmca.pdf
The text of the Digital Millennium Copyright Act can be found here:
http://www.copyright.gov/legislation/hr2281.pdf
Children's Information
We believe it is important to provide added protection for children online. We encourage parents and guardians to spend time online with their children to observe, participate in and/or monitor and guide their online activity. www.kovacsinstitute.com does not knowingly collect any personally identifiable information from children under the age of 13. If a parent or guardian believes that www.kovacsinstitute.com has in its database the personally-identifiable information of a child under the age of 13, please contact us immediately (using the contact in the first paragraph) and we will use our best efforts to promptly remove such information from our records.
Online Privacy Policy Only
This privacy policy applies only to our online activities and is valid for visitors to our website and regarding information shared and/or collected there. This policy does not apply to any information collected offline or via channels other than this website.
Consent
By using our websites (www.kovacsinstitute.com), you hereby consent to our privacy policy and agree to its terms.
Update
This Privacy Policy was last updated on: Friday, September 30, 2016.
Should we update, amend or make any changes to our privacy policy, those changes will be posted here.
KI Website General Disclaimer
All the information on this website is published in good faith and for general information purpose only. www.kovacsinstitute.com does not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information you find on this website (www.kovacsinstitute.com), is strictly at your own risk. www.kovacsinstitute.com will not be liable for any losses and/or damages in connection with the use of our website.
From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone 'bad.'
Please be also aware that when you leave our website, other sites may have different privacy policies and terms which are beyond our control. Please be sure to check the Privacy Policies of these sites as well as their "Terms of Service" before engaging in any business or uploading any information.
Consent
By using our website, you hereby consent to our disclaimer and agree to its terms. Site disclaimer was last updated on: Sept 30, 2016. Should we update, amend or make any changes to this document, these changes will be prominently posted here.
Terms and Conditions for the KI website
Introduction
These terms and conditions and terms of service govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website.
You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.
License to use website
Unless otherwise stated, www.kovacsinstitute.com and/or its licensors own the intellectual property rights published on this website and materials used on www.kovacsinstitute.com. Subject to the license below, all these intellectual property rights are reserved. You may view, download for caching purposes only and print pages, files or other content from the website for your own personal use, subject to the restrictions set out below and elsewhere in these terms and conditions.
You must not:
- republish material from this website in neither print nor digital media or documents (including republication on another website);
- sell, rent or sub-license material from the website;
- show any material from the website in public;
- reproduce, duplicate, copy or otherwise exploit material on this website for a commercial purpose;
- edit or otherwise modify any material on the website;
- redistribute material from this website - except for content specifically and expressly made available for redistribution; or
- republish or reproduce any part of this website through the use of iframes or screenscrapers
- Where content is specifically made available for redistribution, it may only be redistributed within your organization.
Acceptable Use
You must not use this website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of www.kovacsinstitute.com or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
You must not use this website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.
You must not conduct any systematic or automated data collection activities on or in relation to this website without www.kovacsinstitute.com's express written consent.
This includes:
- scraping
- data mining
- data extraction
- data harvesting
- 'framing' (iframes)
- Article 'Spinning'
You must not use this website or any part of it to transmit or send unsolicited commercial communications.
You must not use this website for any purposes related to marketing without the express written consent of www.kovacsinstitute.com.
Restricted Access
Access to certain areas of this website may be restricted. www.kovacsinstitute.com reserves the right to restrict access to certain areas of this website, or at our discretion, this entire website. www.kovacsinstitute.com may change or modify this policy without notice.
If www.kovacsinstitute.com provides you with a user ID and password to enable you to access restricted areas of this website or other content or services, you must ensure that the user ID and password are kept confidential. You alone are responsible for your password and user ID security.
www.kovacsinstitute.com may disable your user ID and password at www.kovacsinstitute.com's sole discretion without notice or explanation.
User Content
In these terms and conditions, “your user content” means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to this website, for whatever purpose.
You grant to www.kovacsinstitute.com a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute your user content in any existing or future media. You also grant to www.kovacsinstitute.com the right to sub-license these rights, and the right to bring an action for infringement of these rights. Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or www.kovacsinstitute.com or a third party (in each case under any applicable law).
You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint. www.kovacsinstitute.com reserves the right to edit or remove any material submitted to this website, or stored on the servers of www.kovacsinstitute.com, or hosted or published upon this website.
www.kovacsinstitute.com's rights under these terms and conditions in relation to user content; www.kovacsinstitute.com does not undertake to monitor the submission of such content to, or the publication of such content on, this website.
No warranties
This website is provided “as is” without any representations or warranties, express or implied. www.kovacsinstitute.com makes no representations or warranties in relation to this website or the information and materials provided on this website.
Without prejudice to the generality of the foregoing paragraph, www.kovacsinstitute.com does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
Nothing on this website constitutes, or is meant to constitute, advice of any kind. If you require advice in relation to any legal, financial or medical matter you should consult an appropriate professional.
Limitations of liability www.kovacsinstitute.com will not be liable to you (whether under the law of contact, the law of torts or otherwise) in relation to the contents of, or use of, or otherwise in connection with, this website:
- to the extent that the website is provided free-of-charge, for any direct loss;
- for any indirect, special or consequential loss; or
- for any business losses, loss of revenue, income, profits or anticipated savings, loss of contracts or business relationships, loss of reputation or goodwill or loss or corruption of information or data.
These limitations of liability apply even if www.kovacsinstitute.com has been expressly advised of the potential loss.
Exceptions
Nothing in this website disclaimer will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit; and nothing in this website disclaimer will exclude or limit the liability of Kovacs Institute, LLC. in respect of any:
- death or personal injury caused by the negligence of www.kovacsinstitute.com or its agents, employees or shareholders/owners;
- fraud or fraudulent misrepresentation on the part of www.kovacsinstitute.com; or
- matter which it would be illegal or unlawful for www.kovacsinstitute.com to exclude or limit, or to attempt or purport to exclude or limit, its liability.
Reasonableness
By using this website, you agree that the exclusions and limitations of liability set out in this website disclaimer are reasonable. If you do not think they are reasonable, you must not use this website.
Other Parties
You accept that, as a limited liability entity, Kovacs Institute has an interest in limiting the personal liability of its officers and employees. You agree that you will not bring any claim personally against KI's officers or employees in respect of any losses you suffer in connection with the website.
Without prejudice to the foregoing paragraph, you agree that the limitations of warranties and liability set out in this website disclaimer will protect the KI’s officers, employees, agents, subsidiaries, successors, assigns and sub-contractors as well as www.kovacsinstitute.com.
Unenforceable Provisions
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
Indemnity
You hereby indemnify www.kovacsinstitute.com and undertake to keep www.kovacsinstitute.com indemnified against any losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by www.kovacsinstitute.com to a third party in settlement of a claim or dispute on the advice of the KI’s legal advisers) incurred or suffered by www.kovacsinstitute.com arising out of any breach by you of any provision of these terms and conditions, or arising out of any claim that you have breached any provision of these terms and conditions.
Breaches of these terms and conditions
Without prejudice to www.kovacsinstitute.com's other rights under these terms and conditions, if you breach these terms and conditions in any way, www.kovacsinstitute.com may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you.
Variation
www.kovacsinstitute.com may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of this website from the date of the publication of the revised terms and conditions on this website. Please check this page regularly to ensure you are familiar with the current version.
Assignment
www.kovacsinstitute.com may transfer, sub-contract or otherwise deal with www.kovacsinstitute.com's rights and/or obligations under these terms and conditions without notifying you or obtaining your consent. You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.
Severability
If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
Entire Agreement
These terms and conditions, together with www.kovacsinstitute.com's Privacy Policy and Disclaimer, constitute the entire agreement between you and www.kovacsinstitute.com in relation to your use of this website, and supersede all previous agreements in respect of your use of this website.
Law and Jurisdiction
These terms and conditions will be governed by and construed in accordance with the laws of Cobb County, Georgia, and any disputes relating to these terms and conditions will be subject to the exclusive jurisdiction of the courts of Cobb County, Georgia.
www.kovacsinstitute.com's details : The owner of www.kovacsinstitute.com is Kovacs Institute, LLC.
Other
Purchase Refund Policy: Assessment costs are non-refundable. KI makes every effort to ensure that the content of the assessments accurate and up-to-date, but KI does not offer any warranties (whether express implied or otherwise) as to the reliability, accuracy or completeness of the information appearing in these materials.
Any information offered in relation to injury prevention, nutrition and other tennis-specific data, including relation to medical issues, while based on scientific evidence is intended for educational purposes and seeking the advice of a professional is always recommended. You should always consult a doctor for diet, nutritional and medical advice specific to any health risks you are unsure about. If you choose to rely on such information you do so entirely at your own risk and (subject to applicable laws), and KI cannot be held responsible for the outcome.
Users may not modify, copy, distribute, transmit, display, redistribute, reproduce, publish, license, commercially exploit, create derivative works from, transfer, or sell any material found in the assessment materials and evaluations, DVDs, books, workbooks or any other material given by KI.
The assessment materials and information are copyright material; the copyright is owned by the KI unless stated otherwise. Without limiting the foregoing, copying the above listed materials to any other server or location for publication, reproduction or distribution is expressly prohibited.
By using this e-commerce site you are deemed to have read and accepted these Terms of Use. If you do not accept these Terms of Use or any part of them, you should exit the site. KI may modify these Terms of Use from time to time.
The Internet is by its nature an unreliable medium. Consequently, you accept that this website and e-commerce site is offered on an “as is” and “as available” basis. KI takes all reasonable steps to ensure that this site is properly functioning at all times, but KI does not warrant that this e-commerce website will be uninterrupted, timely, secure or error-free, that defects will be corrected, or that this website or the server that makes it available are free of software viruses or bugs or other defects.
By accepting these Terms of Use, you accept that KI cannot be liable to you for any loss or damage you suffer as a result of visiting this website, making use of the information available. You must take your own precautions (including but not limited to installing adequate protective measures to guard against software viruses and ensuring that you retain up-to-date copies of all data) to protect yourself against loss or damage.