Chapter 9, "Scared to Be Black" outlines the 10 behaviors that keep the Black Community struggling. The goal of Chapter 9 is admitting we have work to do and treating each other better by sitting in the truth.
Chapter 9 - "Scared to Be Black"
KIMLINJOHNSON.COM Terms and Conditions of Use
These Terms and Conditions of Use (the “TOUs”) set forth the terms and conditions for your use of the KimlinJohnson.com website (the “Site”) and your use or purchase of any items offered on the Site (including any associated documentation and any updates thereto) and the digital content that can be read on the Site or that we make available for download from the Site (respectively the "Licensed Content" and together with any other items offered, the "Products"). These TOUs also apply to any of the services accessible through the Site (the “Services”), unless separate or additional terms apply, in which case they will be displayed on-screen or accessible via a link.
The Site and the Products are operated by Kimlin Johnson (“Kimlin Johnson,” also “we,” “our,” and “us”).
You agree with and accept these TOUs as a condition of your use of the Site and Products. If you do not agree with the terms of these TOUs, do not access or use the Site or Products. We reserve the right to change these TOUs from time to time. Users of the Site are advised to please refer back to these TOUs periodically to review any changes we may make from time to time. Users of Products will be notified with the TOUs being displayed on-screen or with a link to the updated TOUs when you next visit the Site or download new Licensed Content, although no such changes will apply retrospectively. You warrant to us that you have the authority to enter into an agreement with us on the terms of these TOUs.
License and Use
We grant you a limited, non-exclusive, non-transferable license to access the Site and any Product for your personal use only. Any commercial use, use in violation of these TOUs, or use for data collection and/or profit is not allowed.
You may retrieve and display content from the Site or any Product on a computer or other device, print and copy individual pages and, subject to the next section, store such pages in electronic form on that device. Additional terms may also apply to certain features, parts or content of the Site and, where they apply, will be displayed on-screen or accessible via a link ("Other Terms").
You must only use the Site or Product and anything available from the Site or a Product for lawful purposes (complying with all applicable laws and regulations), in a responsible manner, and not in a way that might damage our name or reputation or that of any of our affiliates.
You remain responsible for:
all of your activity on and in connection with the Site and/or Product;
all of the content and details that you submit into, or post onto, the Site or any Product ("Your Content"); what you access on the Site or Product, how you interpret or use the Site or Product and any actions you may take as a result of using the Site or Product.
Access to the Site and Products
Products may only be downloaded, accessed and used on a computer or other device owned or controlled by you.
You will be assumed to have obtained permission from the owner of any computer or other device that is controlled, but not owned, by you to download any Product to that device. You accept responsibility, in accordance with these TOUs, for all access to, and use of, any Product by you on any device, whether or not it is owned by you.
You acknowledge that the mobile service provider for any mobile device to which you download, or on which you access or use, any Product may charge for internet access on that device.
We may, from time to time, restrict access to certain features, parts or content of the Site or a Product, or the entire Site or Product, to users who have registered with us or purchased a Product on the Site. You must ensure that any registration details you provide are accurate and you must keep those details accurate and up to date. You agree that we may, at any time and with or without prior notice, remove Licensed Content from the Service or Site if we determine, in our sole discretion, that we do not possess the appropriate or necessary rights to provide you with access to such Licensed Content.
We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the Site or any Product or that any Site or Product content will respond at a certain speed (since this depends on a number of factors outside our control).
We reserve the right to withdraw or suspend the operation of any Product or the Site, with or without notice to you, if we need to do so for security or legal reasons.
Paid-for Licensed Content
The downloading of paid-for Licensed Content may require you to pay a fee, the amount of which will be as set out on the Site from time to time.
Payment for all orders must be made by credit or debit card via the checkout page. We use a reputable third-party payment services provider to take payment. Payment is accepted by most major credit and debit cards. Payment is taken, in full, immediately. You should be aware that online payment transactions are subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorize payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this.
The relevant download will be made available immediately when payment is authorized or you enter a valid code and you acknowledge that this is the case and that, therefore, you will have no right to change your mind (sometimes known as a ‘cooling off’ right) once the download has started.
What you are not allowed to do: rent, lease, loan, sell, license, or transfer access to the Site or any Product to any third party or exploit the Site or any Product for commercial purposes or otherwise use any information on the Site or in a Product (either directly or indirectly) for profit or gain; copy or store any Product or the Site (or any part thereof) other than for your own non-commercial, personal use;
store the Site or any Product on a server or other storage device connected to a network or create a database; interfere with, disrupt, alter, translate, or modify the Site or Product or any part thereof, or create an undue burden on the Site or Product or the networks or services connected to the Site or Product, nor attempt to circumvent the security of any servers on which the Site or Product is hosted;
reverse engineer, decompile, disassemble, or reverse compile the Site or any Product; introduce software or automated agents or scripts to the Site or Product so as to produce multiple accounts, generate automated searches, requests and queries, or to strip, scrape, or mine data from the Site or Product; transmit, distribute, introduce or otherwise make available in any manner through the Site or Product any computer virus, keyloggers, spyware, worms, trojan horses, time bombs or other malicious or harmful programming; or use any Product of the Site in a way that might damage our name or reputation or that of any of our affiliates; export any Product in breach of the applicable export or import laws of any country; publicly display, perform, republish, or reproduce any Product or any product we make available for download from the Site (including without limitation by way of email, newsgroups, file or discussion areas, intranet or internet site or any other means); tamper with, bypass or alter any security, digital rights management, or other licensing enforcement procedures relating to the Product, Site or Services; reproduce any Licensed Content for commercial purposes; or otherwise, do anything not expressly permitted by these TOUs.
All rights granted to you under these TOUs will terminate immediately in the event that you are in breach of any of them.
To do anything with any Product that is not expressly permitted by these TOUs, you will need a separate license from us. Please contact us.
There are no refunds available for any Products purchased by you for any reason. We may, in our sole discretion, decide to issue a refund on a case-by-case basis.
We license, but do not sell, to you any Product you download. We or the licensors of the Licensed Content remain the owners of all Products at all times.
All intellectual property rights in any content of the Site, the Licensed Content, and in each Product and its content (including any trademarks, text, graphics, photographs and other materials, images, videos and audio) (collectively, “Content”), other than Your Content, are owned by Kimlin Johnson or our licensors. Except as expressly set out herein, where necessary for viewing the Content on the Site or your browser, or as permitted by applicable law which may not be excluded or limited, nothing in these TOUs gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the Site or any Product or any of its content.
In the event you print off, copy or store pages or Licensed Content from the Site (only as permitted by the “License and Use” section of these TOUs), you must ensure that any copyright, trademark or other intellectual property right notices contained in the original content are reproduced.
We may change the format and Content of the Site from time to time without notice. We reserve the right to change the design, features and/or functionality of any Product.
Since electronic services are subject to interruption and breakdown, you agree that your use of the Site is on an 'as is' and 'as available' basis and at your sole risk. You also agree that downloading, accessing and use of any Product is on an 'as is' and 'as available' basis and at your sole risk.
Parts of the Site or any Product may not be correct, accurate, reliable, complete or up to date from time to time. You should check with us or the relevant information source and make any other appropriate inquiries before acting on any such information, and notify us if you notice any inaccurate, incomplete or out of date Content on the Site or in a Product.
Neither we nor our licensors can guarantee that any content of the Site or any Product and its content will be free from viruses or other code that may have contaminating or destructive elements, or that access to the Site or Products will function as intended or be uninterrupted. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security protections) to satisfy your particular requirements as to the safety and reliability of the Site or any Product.
Products for download
We make available Products for download by you through the Site. Prices are displayed with the applicable Product. Prices and availability of all Products are subject to change at any time without notice before we accept your order. Prices may or may not be inclusive of applicable sales, use, or other taxes; however, such taxes shall be identified, calculated and collected at the point of sale. A confirmation email will be provided after the checkout for each order. We are not responsible for any interruption to or failure in any communication or process, howsoever caused, which results in an order, or in any payment or payment details not being received or processed by us. A payment will be regarded as received when we are able to credit or transfer the amount required into our designated bank account. Products and their download are subject to these TOUs.
You must be 18 years of age or older to download any product from the Site. While individuals under the age of 18 may use any product, they may do so only with the involvement, supervision, and approval of their parent or legal guardian or at the direction of their school instructors and administrators.
Third-party links and tools
The Site and certain Products may, from time to time, include links to external sites or applications owned, operated or produced by third-party organizations independent of us, which may include links to third party offers and promotions. We include these for convenience only, to provide you with access to information, products or services that you may find useful or interesting. We have not verified and are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement, sponsorship or recommendation of, or association with, their operators or promoters or any materials on them.
Certain products or other features available on or through the Site or Products may be provided by third parties. These tools are provided or made available as a convenience to you. These tools are not owned or operated by us and we are not responsible for examining the content, availability, accuracy, adequacy, timeliness, validity, copyright compliance, legality, decency, quality, completeness or any other aspect of these tools.
Nothing in these TOUs is intended to limit or exclude our liability to you or the liability of our licensors to you: for death or personal injury caused by our negligence; or for fraudulent misrepresentation,
or to exclude, restrict or modify rights which you may have under any law which may not be excluded, restricted or modified by agreement (“Your Consumer Rights”).
Subject to the above (including Your Consumer Rights), in no event shall we or our licensors be liable to you for:
any business losses; any losses that were not reasonably foreseeable; or any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.
If you suffer any loss in connection with the Site or Product, you must take all reasonable steps to minimize your loss, including notifying us without delay if there are steps we can take to help minimize your loss. Any liability we do have for losses you suffer shall not, in aggregate, exceed the total fees paid by you for the relevant paid-for Product in respect of which the liability arises.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL KIMLIN JOHNSON AND/OR HER LICENSORS BE LIABLE FOR ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING ANY CLAIMS FOR LOST PROFITS, BUSINESS INTERRUPTION, INABILITY TO STUDY, TEACH OR LEARN, LOST INFORMATION OR OTHER DAMAGES ARISING OUT OF THE USE OR INABILITY TO USE THE PRODUCT. IN ALL EVENTS, OUR SOLE OBLIGATION OR LIABILITY UNDER THIS AGREEMENT IN THE AGGREGATE IS THE REPLACEMENT OR REPAIR OF THE MEDIA ON WHICH THE PRODUCT IS PROVIDED OR A REFUND OF THE PURCHASE PRICE PAID FOR THE PRODUCT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS EXCLUSION AND LIMITATION MAY NOT BE APPLICABLE.
EXCEPT AS SET FORTH HEREIN, THE PRODUCTS ARE FURNISHED BY US TO YOU ON AN "AS IS" AS-AVAILABLE BASIS. ALL WARRANTIES OF ANY TYPE NOT EXPRESSLY STATED IN THIS AGREEMENT, EXPRESS OR IMPLIED, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT ARE EXPRESSLY DISCLAIMED BY VITALSOURCE AND ITS LICENSORS. NO REPRESENTATION OR DEMONSTRATION SHALL CONSTITUTE A WARRANTY OF THE PRODUCT UNLESS EXPRESSLY INCORPORATED IN THIS AGREEMENT.
You may not transfer or assign any or all of your rights or obligations under these TOUs.
All notices given by you to us must be given in writing to the address set out at the end of these TOUs.
If we fail to enforce any of our rights, that does not result in a waiver of that right.
If any provision of these TOUs is found to be unenforceable, all other provisions shall remain unaffected.
These TOUs may not be varied except with our express written consent.
These TOUs and the Other Terms represent the entire agreement between you and us in relation to their subject matter.
These TOUs shall be governed by the laws of California, and you agree that the courts of California (and courts of appeal from them) have exclusive jurisdiction to resolve any disputes arising under or in connection with these TOUs. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any court of competent jurisdiction.
We may terminate, disable, lock, block or suspend your access to the Site or any Product if you fail to comply, or if we suspect on reasonable grounds that you have failed to comply, with any of the TOUs. In the event of such termination, you must cease all use of the Site and/or Product, and we may immediately revoke your access to the Site and/or Product.
All provisions which by their nature survive termination will survive the termination of these TOUs.
If you have any questions, comments, or requests regarding these TOUs, please contact us via email at email@example.com.