Privacy Policy and Terms of Use

Last modified: May 26th, 2022

Introduction

Montina Galloway (https://www.montinagalloway.com) and her affiliated websites, Invested Insights (https://www.investedinsights.com) and Myers-Galloway Counseling (www.myersgallowaycounseling.com) (collectively our “Sites”) respect your privacy and your use of our services (our “Services”). This privacy notice (“Notice”) describes the types of personal information we may collect from you or that you may provide when you visit our Sites.

The term “Personal Information” refers to information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with you or your household. Personal Information does not include information that is publicly available, de-identified, or aggregated. Please review our Privacy Policy carefully to understand how we collect, use, protect, or otherwise handle your Personal Information in accordance with using our Sites.

This Notice does not apply to medical and treatment information collected by us. Rather that information is considered Protected Health Information (“PHI”) and is regulated by the Health Insurance Portability and Accountability Act (“HIPAA”). Please refer to our HIPAA Notice which explains how PHI is used and disclosed, and what rights exist related to PHI. 

Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Sites. By accessing or using our Sites, you agree to this privacy policy. This policy may change from time to time (see Changes to Our Privacy Policy). Your continued use of our Sites after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates. 


Categories of Personal Information We Collect

Depending on how you use or interact with our Services, we collect different types of Personal Information about you through our Sites. The categories and sources of Personal Information we collect and generate about you may include:

  • Identifiers such as a real name, alias, postal address, unique personal identifier, online identifier, IP address, email address, account name, social security number, driver’s license number, passport number, or other similar identifiers;

  • Payment information

  • Internet or other similar network activity.  This may include browsing history, search history, or information on a consumer's interaction with a website, application, or advertisement;

  • Commercial information, such as transaction information and purchase history;

  • Biometric information. This may include genetic, physiological, biological, or behavioral characteristics that can be used, singly or in combination with each other or with other identifying data, to establish your identity;

  • Geolocation data, such as device location;

  • Audio, electronic, visual and similar information, such as call and video recordings;

  • Professional or employment-related information; and This may include current or past job history or performance evaluations.


Cookies

As you interact with our Sites, we may use automatic data collection technologies to collect cookies that provide information about your equipment, browsing actions, and patterns, including:

  • Details of your visits to our Sites, including page views and other communication data and the resources that you access and use on our Sites.

  • Information about your computer and internet connection, including your IP address, operating system, and browser type.

  • The information  helps us to improve our Sites and to deliver a better and more personalized service, including by enabling us to:

  • Estimate our audience size and usage patterns.

  • Store information about your preferences, allowing us to customize our Sites according to your individual interests.

  • Speed up your searches.

  • Recognize you when you return to our Sites.

A cookie is a small amount of information that’s downloaded to your computer or device when you visit our Site. We use a number of different cookies, including functional, performance, advertising, and social media or content cookies. Cookies make your browsing experience better by allowing the website to remember your actions and preferences (such as login and region selection). This means you don’t have to re-enter this information each time you return to the site or browse from one page to another. Cookies also provide information on how people use our Sites, for instance whether it’s their first time visiting or if they are a frequent visitor. Some cookies also personally identify the user, providing Personal Information such as an IP address, whereas other cookies are necessary for our Sites to function properly. We use both of these types of cookies to optimize your experience on our Site and to provide our services. The length of time that a cookie remains on your computer or mobile device depends on whether it is a “persistent” or “session” cookie. Session cookies last until you stop browsing and persistent cookies last until they expire or are deleted. Most of the cookies we use are persistent and will expire between 30 minutes and two years from the date they are downloaded to your device.

You can control and manage cookies in various ways. Please keep in mind that removing or blocking cookies can negatively impact your user experience and parts of our Sites may no longer be fully accessible.

Most browsers automatically accept cookies, but you can choose whether or not to accept cookies through your browser controls, often found in your browser’s “Tools” or “Preferences” menu. For more information on how to modify your browser settings or how to block, manage or filter cookies can be found in your browser’s help file or through such sites as www.allaboutcookies.org.

Purposes for Which Information Is Used

Depending on how you interact with us and what Services you use, we may use your Personal Information to do the following:

  • Communication with you

    • To respond to your inquires and provide information about our Services;

    • To verify your identity.

    • To complete an activity you requested

    • To send you marketing information

    • To send you advertisements you may be interested in

    • To send you appointment reminders

  • Delivery of services to you

    • To manage your account, provide you with customer support, and ensure you are receiving quality service.

    • To improve the Services and user experience

    • For billing and transaction processing purposes

    • To carry out analytics, quality control, security processes and similar activities, in order to identify and develop potential improvements to our Services

  • Administration and improvement of our Services

    • To supervise, administer and monitor our Services

    • To measure and improve the quality, effectiveness, and delivery of our Services

  • Customization

    • To personalize our Sites in order to deliver Service offerings relevant to individual interests, including targeted offers and ads

  • Compliance with law

    • To respond to law enforcement requests and as required by applicable law, court order, or governmental regulations.

    • To comply with applicable state and federal laws, including, but not limited to laws related to protecting client and public health and safety.

 

How We May Share Your Personal Information

We may share your Personal Information to the following parties, and for the following reasons, in accordance with applicable law:‍

  • Only as necessary for providing or administering our Services, we may share your personal information with our service providers including analytics and vendors providing technology services and support, payment processing, and data security. We also may share information with professional advisers, such as auditors, law firms, and accounting firms.

  • Our existing or potential agents or business partners;

  • Third parties, including agents or sub-contractors, who assist us in providing information, products, services, or direct marketing to you third parties to collect and process data;

  • Financial and payment technology providers

  • For advertising: Unless you opt out of the use of targeting cookies anonymized information regarding your activity on our Sites may be disclosed to our advertising partners to optimize marketing and advertising. We will not, however, disclose to any third party any information that has not been anonymized.

  • We may share your personal information with a court, a regulatory entity, law enforcement personnel, or pursuant to a subpoena, to comply with applicable law or any obligations thereunder.

Collection of Sensitive Health Information

We may request you provide sensitive health information governed by the Health Insurance Portability and Accountability Act (HIPAA) for counseling services. When collecting this information, our Sites use third party software that securely encrypts this information

Marketing Text Messages Sent to You Based on Prior Written Consent

If you provide us prior written consent to send you marketing and promotional SMS text messages, we commit to limiting the content of our messages based on the scope of the consent you provided us. If at any time you wish to no longer receive text messages, you may respond “STOP” to our message. We may send you a confirmation message that you have requested us to stop sending text messages, but we will no longer send messages pursuant to your prior consent

Email Communications

We may send you promotional email messages about information, products, and services. The CAN-SPAM Act allows recipients of commercial email the right to have emails stopped from being sent to them. You may unsubscribe from our marketing communications by clicking the “unsubscribe” link found in every commercial email we send, or (if you have an account with us) by sending us a request to unsubscribe.  If you opt-out of receiving our marketing email communications, we may still send you email messages related to your account or specific transactions with us. Unsubscribing yourself from our marketing emails will not affect our Services.

Children Under the Age of 16

Our Sites are not intended for children under 18 years of age. No one under age 16 may provide any information to or on the Sites. We do not knowingly collect personal information from children under 18. If you are under 18, do not use or provide any information on our Sites or through any of its features, register on the Sites, make any purchases through the Sites, use any of the interactive or public comment features of our Sites, or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 18, please contact us at privacy@investedinsights.com and privacy@myersgallowaycounseling.com.

Data Security

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. All information you provide to us is stored on our secure servers behind firewalls. We use third-party payment process so payment transactions will be encrypted using SSL technology. 

The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Sites, you are responsible for keeping this password confidential. We ask you not to share your password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Sites. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Sites.

Changes to Our Privacy Policy

It is our policy to post any changes we make to our privacy Notice on this page. If we make material changes to our practices, we will notify you by email to the email address specified in your account and through a notice on our Sites’ home pages. The date the Notice was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Sites and this privacy Notice to check for any changes.

Contact Information

To ask questions or comment about this privacy policy and our privacy practices, contact us by email at: info@investedinsights.com and privacy@myersgallowaycounseling.com

ACCEPTANCE OF THE TERMS OF USE FOR MONTINAGALLOWAY.COM, MYERSGALLOWAYCOUNSELING.COM, AND INVESTEDINSIGHTS.COM

These terms of use are entered into by and between You and Montina Galloway, Myers-Galloway Counseling, and Invested Insights, LLC. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively,  "Terms of Use"), govern your access to and use of  our Sites, including any content, functionality, and services offered on or through our Sites.

Please read the Terms of Use carefully before you start to use our Sites. By using our Sites or by purchasing a service or product, you accept and agree to be bound and abide by these Terms of Use. If you do not want to agree to these Terms of Use, you must not access or use our Sites. The Terms of Use shall apply to all users of our Sites, including without limitation those who are browsers, vendors, customers, merchants, and/or contributors of content.

Our Sites are offered and available to users who are 18 years of age or older. By using our Sites, you represent and warrant that you are of legal age to form a binding contract with us and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use our Sites.

Changes to the Terms of Use

We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of our Sites thereafter. However, any changes to the dispute resolution provisions set out in the Governing Law and Jurisdiction section will not apply to any disputes for which the parties have actual notice before the date the change is posted on our Sites. 

Your continued use of our Sites following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently, so you are aware of any changes, as they are binding on you. 

Accessing our Sites and Account Security

We reserve the right to withdraw or amend our Sites, and any service or material we provide on our Sites, in our sole discretion without notice. We will not be liable if for any reason all or any part of our Sites are unavailable at any time or for any period. From time to time, we may restrict access to some parts of our Sites, or our entire Sites, to users, including registered users.

You are responsible for both:

  • Making all arrangements necessary for you to have access to our Sites.

  • Ensuring that all persons who access our Sites through your internet connection are aware of these Terms of Use and comply with them.

To access our Sites or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of our Sites that all the information you provide on our Sites is correct, current, and complete. You agree that all information you provide to register with our Sites or otherwise, including, but not limited to, through the use of any interactive features on our Sites, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to Our Sites or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.

Intellectual Property Rights

Our Sites and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

These Terms of Use permit you to use our Sites for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Sites, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.

  • You may store files that are automatically cached by your Web browser for display enhancement purposes.

  • You may print one copy of a reasonable number of pages of our Sites for your own personal, non-commercial use and not for further reproduction, publication, or distribution.

  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.

  • If we provide social media features with certain content, you may take such actions as are enabled by such features.

You must not:

  • Modify copies of any materials from this site.

  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.

  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

You must not access or use for any commercial purposes any part of our Sites or any services or materials available through our Sites. 

If you wish to make any use of material on our Sites other than that set out in this section, please address your request to: info@investedinsights.com and privacy@myersgallowaycounseling.com.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of our Sites in breach of the Terms of Use, your right to use our Sites will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to our Sites or any content on our Sites is transferred to you, and all rights not expressly granted are reserved by us. Any use of our Sites not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.

Trademarks

Our name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Montina Galloway, Myers-Galloway Counseling, or Invested Insights LLC, including its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on our Sites are the trademarks of their respective owners.

Prohibited Uses

You may use our Sites only for lawful purposes and in accordance with these Terms of Use. You agree not to use our Sites:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 

  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.

  • To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation.

  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).

  • To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of our Sites, or which, as determined by us, may harm the Company or users of our Sites, or expose them to liability.

  • Additionally, you agree not to:

  • Use our Sites in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of our Sites, including their ability to engage in real time activities through our Sites.

  • Use any robot, spider, or other automatic device, process, or means to access our Sites for any purpose, including monitoring or copying any of the material on our Sites.

  • Use any manual process to monitor or copy any of the material on our Sites, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.

  • Use any device, software, or routine that interferes with the proper working of our Sites.

  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.

  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of our Sites, the servers on which our Sites are stored, or any server, computer, or database connected to the Website. 

  • Attack our Sites via a denial-of-service attack or a distributed denial-of-service attack.

  • Otherwise attempt to interfere with the proper working our Sites.

Monitoring and Enforcement; Termination

We have the right to:

  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.

  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of our Sites. 

  • Terminate or suspend your access to all or part of our Sites for any or no reason, including without limitation, any violation of these Terms of Use.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

However, we do not undertake to review material before it is posted on our Sites, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section. 

Reliance on Information Posted

The information presented on or through our Sites is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to our Sites, or by anyone who may be informed of any of its contents.

Our Sites may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

Changes to Our Sites

We may update the content on our Sites from time to time, but its content is not necessarily complete or up-to-date. Any of the material on our Sites may be out of date at any given time, and we are under no obligation to update such material. 

Information About You and Your Visits to Our Sites

All information we collect on our Sites is subject to our Privacy Policy. By using our Sites, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Online Purchases and Other Terms and Conditions

All purchases through our site or other transactions for the sale of services, or information formed through our Sites, or resulting from visits made by you, are governed by our Terms of Sale and posted on our Sites.

Linking to Our Sites and Social Media Features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part without our express written consent. 

Our Sites may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on our Sites.

  • Send emails or other communications with certain content, or links to certain content, on our Sites.

  • Cause limited portions of content on our Sites to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.

  • Cause our Sites or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.

  • Link to any part of our Sites other than the homepage.

  • Otherwise take any action with respect to the materials on our Sites that is inconsistent with any other provision of these Terms of Use.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice in our discretion. 

Links from our Sites

If our Sites contain links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to our Sites, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic Restrictions

The owner of our Sites is based in the State of North Carolina in the United States. Access to our Sites may not be legal by certain persons or in certain countries. If you access our Sites from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of Warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or our Sites will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF OUR SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES IS AT YOUR OWN RISK. OUR SITES, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF OUR SITES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT OUR SITES, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT OUR SITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH OUR SITES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on Liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OUR SITES, ANY WEBSITES LINKED TO THEM, ANY CONTENT ON OUR SITES OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of our Sites, including, but not limited to, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.

Governing Law and Jurisdiction

All matters relating to our Sites and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of North Carolina without giving effect to any choice or conflict of law provision or rule (whether of the State of North Carolina or any other jurisdiction).

Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or our Sites shall be instituted exclusively in the federal courts of the United States or the courts of the State of North Carolina, in each case located in the City of Charlotte and County of Mecklenburg, although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Arbitration

At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of our Sites, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying North Carolina law.

Limitation on Time to File Claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR OUR SITES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and Severability

No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
 

Entire Agreement

The Terms of Use constitute the sole and entire agreement between you and Invested Insights, LLC regarding Our Sites and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding Our Sites. 

Your Comments and Concerns

Our Sites are operated by Invested Insights, LLC, with a company address at 1218 East Blvd., Suite A, Charlotte, NC 28203.

All other feedback, comments, requests for technical support, and other communications relating to our Sites should be directed to:  info@investedinsights.com and privacy@myersgallowaycounseling.com.