1. These terms
1.1 What these terms cover. These are the terms and conditions on which we supply services to you and these can include, but not be limited to, the following:
1.1.1 Instructor led training (ILT) held at a specified location;
1.1.2 Online or distance Learning – training courses or programs that can be purchased, accessed and/or completed online;
1.1.3 Blended learning a hybrid of online training and hands on instructor led training at a specified location;
1.1.4 Books, DVDs, online Videos of specified courses and other massage related products;
1.1.5 Written training manuals and other documentation;
1.1.6 Packaged training services, which can be any of the above services, a series of training modules specifically created for your individual or corporate requirements.
1.2 Why you should read them. Please read these terms carefully before you submit you order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms, please contact us to discuss.
2. Information about us and how to contact us
2.1 Who we are. We are Jing Advanced Massage Training Limited a company registered in England and Wales. Our company registration number is 07431804 and our registered office is at 28/29 Bond Street, Brighton, East Sussex, BN1 1RD. Our registered VAT number is 866374290.
2.2 How to contact us. You can contact us by telephoning our customer service team at 01273628942 or by writing to us at [email protected]
2.3 How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us in your order.
2.4 “Writing” includes emails. When we use the words “writing” or “written” in these terms, this includes emails.
3. Our contract with you
3.1 How we will accept your order. Our acceptance of your order will take place when we write to you to confirm your order, at which point a contract will come into existence between you and us.
3.2 If we cannot accept your order. If we are unable to accept your order, we will inform you of this in writing and will not charge you for the services. This might be because the product is out of stock, because of unexpected limits on our resources which we could not reasonably plan for, because we have identified an error in the price or description of the services or because we are unable to meet a delivery deadline you have specified, the relevant course is full, etc.
4. Our services
4.1 Services may vary slightly. We make every effort to make sure that the description of the services in our brochure and/or on our website are as accurate as possible, but it may sometimes be required to make minor changes as explained in clause 6 below.
4.2 Product packaging may vary. The packaging of the product may vary from that shown on images on our website and/or in our catalogue or brochure).
5. Your rights to make changes
If you wish to make a change to the product you have ordered please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the product, the timing of supply or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
6. Our rights to make changes
6.1 Minor changes to the services. We may need to make minor changes:
6.1.1 to reflect changes in relevant laws and regulatory requirements; and
6.1.2 to implement minor technical adjustments and improvements.
6.2 More significant changes to the services and these terms. In addition, we may make changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract and receive a full refund before the changes take effect.
6.3 Updates to digital content. We may update or require you to update digital content, provided that the digital content shall always match the description of it we provided to you before you bought it.
7. Providing the services
7.1 Delivery costs. The costs of delivery will be as told to you in the Booking Form.
7.2 When we will provide the services. In the Booking Form that will be completed during the order process, we will let you know when we will provide the services to you:
7.2.1 If the services are ongoing services and subscriptions. We will also tell you during the order process when and how you can end the contract.
7.2.2 If the services are goods. We will deliver them to you as soon as reasonably possible and in any event within 30 days after the day on which we accept your order or in the case of massage couches within 30 days from the date our supplier accepts the order from us.
7.2.3 If the services are one-off services. We will begin the services on the date set out in the order. The completion date for the services is as told to you in the Booking Form.
7.2.4 If the services are a one-off purchase of digital content. We will make the digital content available for download by you as soon as we accept your order.
7.2.5 If the services are ongoing services or a subscription to receive goods or digital content. We will supply the services, goods or digital content to you until either you end the contract as described in clause 8 or we end the contract by written notice to you as described in clause 9.
7.3 We are not responsible for delays outside our control. If our supply of the services is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end the contract and receive a refund for any services you have paid for but not received.
7.4 Collection by you. If you have asked to collect the services from our premises, you can collect them from us at any time during our working hours of 9.30-16.30 on Monday to Friday excluding public holidays.
7.5 Your legal rights if we deliver late. You have legal rights if we deliver any services late, for example delivering a course later than the date it was set to be delivered. If we miss the delivery deadline for any services then you may treat the contract as at an end straight away and you can then either:
7.5.1 receive the services at the new date; or
7.5.2 receive a full refund.
7.6 When you own goods. You own a product once we have received payment in full.
7.7 Reasons we may suspend the supply of services to you. We may have to suspend the supply of a services to:
7.7.1 deal with technical problems or make minor technical changes;
7.7.2 update the services to reflect changes in relevant laws and regulatory requirements;
7.7.3 make changes to the services as requested by you or notified by us to you see clause 6.
7.8 We may suspend supply of the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11) and you still do not make payment within 14 days of us reminding you that payment is due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. We will not suspend the services where you dispute the unpaid invoice (see clause 11). We will not charge you for the services during the period for which they are suspended. As well as suspending the services we can also charge you interest on your overdue payments (see clause 11).
8. Your rights to end the contract
8.1 You can always end the contract for the supply of services before it has been completed. You may contact us to end your contract for services at any time before we have delivered it or completed supplying it and you have paid for it, but in some circumstances we may charge you for doing so, as described below. Of course, you always have rights where the services are faulty or mis-described (see clause 10, “If there is a problem with the services”).
8.2 What happens if you have a good reason for ending the contract. If you are ending a contract for a reason set out at 8.2.1 to 8.2.5 below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been provided properly. The reasons are:
8.2.1 we have told you about an upcoming change to the services or these terms which you do not agree to (see clause 6.2);
8.2.2 we have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
8.2.3 there is a risk that supply of the services may be significantly delayed because of events outside our control;
8.2.4 we have suspended supply of the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than a month; or
8.2.5 you have a legal right to end the contract because of something we have done wrong (but see clause 7.5 in relation to your rights to end the contract if we deliver late).
8.3 What happens if you end the contract without a good reason. If you are not ending the contract for one of the reasons set out in clause 8.2, then the cancellation provisions set out in Schedule 2 shall apply.
8.4 Returning products after ending the contract. If you end the contract after the products have been dispatched to you and they are delivered to you, you must return them to us. If you are ending the contract because we have told you of an upcoming change to the products or these terms, an error in pricing or description, a delay in delivery due to events outside our control or because you are exercising your legal rights to end the contract because of something we have done wrong then we will pay the costs of return. In all other circumstances you must pay the costs of return.
9. Our rights to end the contract
9.1 We may end the contract if you break it. We may end the contract at any time by writing to you if:
9.1.1 you do not make any payment to us when it is due and you still do not make payment within 14 days of us reminding you that payment is due;
9.1.2 you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services;
9.1.3 you do not, within a reasonable time, allow us to deliver the services to you or collect them from us;
9.1.4 you do not, within a reasonable time, allow us access to your premises to supply the services; or
9.1.5 where certain qualification is required as a condition for us to provide the services to you, and it has transpired you don’t have it.
9.2 You must compensate us if you break the contract. If we end the contract in the situations set out in clause 9.1 then yours and our rights shall be as set out in clause 8.3.
10. If there is a problem with the services
10.1 How to tell us about problems. If you have any questions or complaints about the services, please contact us. You can telephone our customer service team at 01273628942 or by writing to us at [email protected]
10.2 Summary of your legal rights. We are under a legal duty to supply services that are in conformity with this contract. See the box below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights.
This is a summary of your key legal rights. These are subject to certain exceptions. For detailed information please visit the Citizens Advice website www.adviceguide.org.uk or call 03454 04 05 06.
If your services is goods, for example a DVD, the Consumer Rights Act 2015 says goods must be as described, fit for purpose and of satisfactory quality. During the expected lifespan of your services your legal rights entitle you to the following:
• up to 30 days: if your goods are faulty, then you can get an immediate refund.
• up to six months: if your goods can’t be repaired or replaced, then you’re entitled to a full refund, in most cases.
• up to six years: if your goods do not last a reasonable length of time you may be entitled to some money back.
If your services is digital content, for example an online course, the Consumer Rights Act 2015 says digital content must be as described, fit for purpose and of satisfactory quality:
• if your digital content is faulty, you’re entitled to a repair or a replacement.
• if the fault can’t be fixed, or if it hasn’t been fixed within a reasonable time and without significant inconvenience, you can get some or all of your money back
• if you can show the fault has damaged your device and we haven’t used reasonable care and skill, you may be entitled to a repair or compensation
In case of services, for example a course, the Consumer Rights Act 2015 says:
• you can ask us to repeat or fix a service if it’s not carried out with reasonable care and skill, or get some money back if we can’t fix it.
• if you haven’t agreed a price beforehand, what you’re asked to pay must be reasonable.
• if you haven’t agreed a time beforehand, it must be carried out within a reasonable time.
11. Price and payment
11.1 Where to find the price for the services. The price of the services will be the price set out in the Booking Form, on our website or in our brochure.
11.2 In order to secure your place on one of our courses you are required to pay the registration fee (deposit) which as a minimum is 50% of the course cost (unless otherwise stated). Where a registration fee is taken at less than the advertised amount we reserve the right to charge the full registration fee should you not be able to attend the course (see The Schedule – Cancellation Provisions below).
11.3 When you must pay and how you must pay. The method of payment is be set out in the Booking Form but the following principles apply::
11.3.1 For goods, you must pay before we dispatch them.
11.3.2 For digital content, you must pay before you download them.
11.3.3 For services, your payment will depend on the type of training course you will be purchasing and is to be set out in the Booking Form.
11.4 We can charge interest if you pay late. If you do not make any payment to us by the due date we may charge interest to you on the overdue amount at the rate of 2% a year above the base lending rate of Santander from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount, whether before or after judgment. You must pay us interest together with any overdue amount.)
11.5 What to do if you think an invoice is wrong. If you think an invoice is wrong please contact us promptly to let us know. You will not have to pay any interest until the dispute is resolved. Once the dispute is resolved we will charge you interest on correctly invoiced sums from the original due date.
12. Our responsibility for loss or damage suffered by you
12.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable). Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen, for example, if you discussed it with us during the sales process.
12.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services (as summarised at clause 10.2);
13. How we may use your personal information
13.1 How we will use your personal information. We will use the personal information you provide to us:
13.1.1 to supply the services to you;
13.1.2 to process your payment for the services; and
13.1.3 if you agreed to this during the order process, to inform you about similar services that we provide, but you may stop receiving these at any time by contacting us.
14. Other important terms
14.1 We may transfer this Agreement to someone else. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
14.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these terms to another person if we agree to this in writing.
14.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
14.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
14.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
14.6 Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the services in the English courts. If you live in Scotland you can bring legal proceedings in respect of the services in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the services in either the Northern Irish or the English courts.
1. For our short CPD (Continuing Professional Development) courses:
• Prior to 6 weeks of the course start date you will receive a full refund minus an administration fee of £50 (Inc. VAT).
• Within 6 weeks of the course start date, you will receive a refund less the minimum registration fee (see 11.2 above) for the course or a £50 (Inc. VAT) administration fee whichever is the greater.
• If you fail to attend an IL Training Course or leave during the course, there will be no refund.
2. For our longer teaching programs:
• If you have registered for an IL Training Program intensive course (e.g. Bodywork Beginnings, ACMT Intensive or MFR Intensive) – the registration fee is non-refundable for cancellation prior to 6 weeks of the start date of the course and in addition will incur a minimum cancellation fee of £50 (Inc. VAT). If cancellation occurs within 6 weeks before the course start date or after the course start date you will be liable for the whole of the course fee.
Advanced Certificate in Massage Therapy (ACMT)
• If you have registered for an IL Training Program for an Advanced Certificate in Massage Therapy (ACMT) – the registration fee of £600 is non-refundable.
• If you commence the ACMT course and choose not to continue for any reason within the first three (3) months you are liable for the registration fee plus the cost (inclusive of VAT) of individual modules taken.
• Cancellation of your ACMT place after the first three months will mean you are liable for the entire cost of the Certificate Program inclusive of VAT.
BTEC Level 6 in Clinical and Sports Massage
• If you are registered for IL Training Program BTEC Level 6 in Clinical and Sports Massage, the registration fee (£600) and Edexel/Pearson (£130) fee are non-refundable.
• If you commence the BTEC 6 course and choose not to continue for any reason within the first 3 months of the course start date you are liable for the Registration Fee and Edexcel/Pearson Fee in addition to the cost of individual modules (inclusive of VAT) and any associated costs for assessment.
• If you cancel your place on a BTEC Level 6 course after the first 3 months, you are liable for the entire course cost (inclusive of VAT) and the Edexcel/Pearson fee.
If you withdraw from the ACMT and/or the BTEC and then decide to join a future ACMT/BTEC course cohort, any payments previously paid will not count toward the future course fees. At that future date the full course fee (current at that time) will be payable in accordance with the terms and conditions current then.
Our Terms and Conditions of use for online and e-learning material
This is a contract with Jing Advanced Massage Training Ltd, whose registered office is at 28/29 Bond Street, Brighton, East Sussex, BN1 1RD henceforth referred to as “Jing”. Our company registration number is 07431804 and our VAT registered VAT number is 866374290.
You can contact us by telephoning our customer service team at 01273 628942 or by writing to us at [email protected]
Please carefully read the following terms before accessing this site or using a course. Please also read our general terms and conditions.
By accessing the site (which includes, visiting, registering, purchasing or accessing a course) you accept and agree to all of the covenants and conditions imposed in this agreement. If you do not agree to these terms, you may not access the site.
By using this service, you agree that you have read, understand and agree to these terms. You also agree to review this agreement periodically to be aware of modifications to the agreement, which modifications Jing may make at any time. Your continued use of this site will be deemed your conclusive acceptance of any modified agreement.
1.1. Jing reserve the right to change the content used at any time.
1.2. Trainees who fail to complete the online/e-learning course in the time available will not be eligible for a refund.
1.3. All rights not expressly granted herein are reserved.
1.4. These Terms and Conditions shall be governed by and construed in accordance with the laws of England and Wales.
1.5. If you do not agree with these Terms and Conditions you must cease the course immediately and notify Jing of your intent not to continue.
2.1. Jing quotes prices and issues invoices in UK pounds (GBP) only.
2.2. Currency conversion charges from any other currency to that of the invoice is the responsibility of the client.
2.3. Any sales taxes relevant to the country where the course takes place will be added to the course fees in accordance with that country’s tax regulations.
2.4. The client must pay in full before the start of any training event or shipment of any product or course materials.
2.5. Online payment is the preferred method of payment. Recognised credit cards are Visa/Mastercard/Maestro.
2.6. Course fees include the licensing of training materials for a limited period of time. Each license is valid to one person only and cannot be exchanged or shared.
2.7. Jing reserve the right to review the pricing and take appropriate action when changes to course or exam specification occur beyond our control.
2.8. All discounts, whether advertised or stated in correspondence, are mutually exclusive i.e. only one discount can be applied to any one booking/purchase.
2.9. Late payment may incur penalty charges including removal of any discounts.
2.10. Jing reserves the right to charge interest on late payments of invoices at 2% a year above the base lending rate of Santander from time to time.
Jing Method: Online self-care therapist advanced CPD course
Course monthly subscription cost: £29.99 pcm
3-month minimum subscription
To cancel the subscription, you must send a 10 working day notice of subscription cancellation to the email [email protected]
This email must contain the following information:
You full name (used to register for the course)
Email address (used to register for the course)
Facebook name (used to join the mentoring support group)
Reason for unsubscribing – feedback for our continual improvement 😊
Your subscription will be cancelled within 10 working days of receiving confirmation of this email. However, if the above information you provide is not correct it may extend the 10 working day notice period.
If a payment is due within that 10 working day period, it may still be taken from your card, and the cancellation will be actioned the following month.
Once you have given your notice to cancel your subscription, your access will be removed from the online course and all associated materials such as: the mentoring weekly zooms and the facebook support group.
All other Terms and Conditions of use for online and e-learning material stated in our T&C’s also apply to this course.
3. Cancellation Policy
3.1. All cancellations must be received in writing.
3.2. If a student cannot access the course online via www.jingmassage.com because they fail to meet the required system requirements given on the website, then Jing will not take responsibility however Jing will provide a full refund to the purchaser.
3.3. The start date of all memberships and access is deemed to be the date that the student first has access to the self-study materials. Jing will make one attempt to warn the student when this access/membership period has ended. After this attempt Jing can no longer guarantee access to the course or that certification will be possible.
4. Jing online and e-Learning Materials
4.1. The training material is the property of Jing.
4.2. The training material has been prepared, maintained, updated and distributed by Jing.
4.3. The use of the training material on our courses is restricted to the registered user who has been supplied with the log in details.
4.4. Access will be given to the online and e-learning material from purchase and for a fixed registration period (usually 24 months unless a different period is indicated on your order confirmation). After this period you may apply to have access extended subject to the re-licensing fee current at that time.
4.5. We reserve the right to refuse access after the initial period at our sole discretion.
4.6. The Registered User shall not copy, share, modify, transmit, distribute, or in any way, exploit the copyrighted materials provided by Jing other than for their own individual training. Use for any other purpose is expressly prohibited by law and any violators will be prosecuted.
4.7. The Registered User shall not permit anyone else to copy, use, modify, transmit, distribute, or in any way, exploit the copyrighted materials.
4.8. The materials made available by Jing are provided “as-is” without warranties of any kind, either expressed, or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title or non-infringement.
4.9. Jing does not warrant that the materials will be error free including technical inaccuracies, nor free of viruses, or other harmful matter. The entire cost of any necessary service, repair, or correction, is the Registered User’s responsibility.
4.10. Jing may make improvements, or changes, to this material at any time without prior notification.
4.11. “The Jing Method” is a trademark of Jing Advanced Massage Training Ltd. All other trademarks, service marks and trade names in our online and e-learning material are the marks of the respective owners and any unauthorised use is prohibited.
4.12. All rights not expressly granted herein are reserved.
4.13. If you do not agree with these Terms and Conditions you must cease to use the online or e-learning product immediately.
5. Access to the courses
5.1. Jing strives to provide the course content to its Students on a continuous basis. To that end, Jing will take all commercially reasonable efforts to provide uninterrupted access of the courses to its Students. However, from time to time, students may be unable to access the courses due to conditions beyond Jing’s control. Such conditions include, but are not limited to: force majeure, acts of God, power outages, and the acts of computer hackers and others acting outside the law. Also, from time to time, access may be unavailable due to software issues, server downtime, increased Internet traffic or downtime, programming errors, regular maintenance of the system, and other related reasons. In response to any unavailability of the courses to its Students, Jing will take all commercially reasonable steps to ensure access is restored within a reasonable period of time. The term “commercially reasonable,” as used in these Terms, shall mean reasonable efforts taken in good faith without an unduly or burdensome use or expenditure of time, resources, personnel or money.
5.2. Jing endeavours to provide the highest quality content to its Students. To that end, Jing reserves the right, in its sole discretion, to change, modify, or discontinue any aspect or feature of our site in whole or in part, including, without limitation, the content, availability, access and/or the terms of this site. Such changes, modifications, additions or deletions will be effective immediately upon notice thereof, which notice may be made by posting such changes on our site.
5.3. Users are solely responsible for ensuring that they have sufficient and compatible hardware, software, telecommunications equipment and Internet service necessary for use of the Site.
6. Third Party Content; Hyperlinks
6.1. Jing makes no warranty, either expressed or implied, of the accuracy, merchantability, fitness for a particular purpose, or non-infringement of the information provided by third parties. This includes, but is not limited to, any information found on a link located on this site that allows users to access information found on another site. Additionally, Jing does not warrant the existence or functionality of any website which can be accessed through a link located on this site.
7. Copyrights, Trademarks and Other Proprietary Rights.
7.1. Jing or its third party content providers shall retain all worldwide rights in the intellectual property in and on the site, including, but not limited to, trademarks, service marks, trade dress, inventions, ideas, trade secrets, the source code, the HTML code, the “look and feel” of the Site, its colour combinations, layout, and all other graphical elements, and the copyrights in and to its original content. You should assume that everything you read or see on the Jing site is copyrighted, trademarked, or otherwise protected and owned or licensed by Jing.
7.2. Except as expressly stated on the site or in these Terms, nothing that you read or see on the site or in the courses may be copied, reproduced, modified, distributed, transmitted, republished, displayed or performed for commercial use without the prior written consent of Jing, except as provided in these terms. Nothing in these terms grants you an express or implied license to use any of Jing intellectual property.
8. Disclaimers and Limitation of Liability
1.1. Users access this site at his/her/its own risk. The site is provided on an “as is, as available” basis without warranty of any kind, expressed, implied or statutory, and any and all warranties of merchantability, fitness for a particular purpose or non-infringement of third parties’ rights are specifically disclaimed. Jing does not warrant any particular result from use of the software or site. Jing does not warrant that the information on the site is accurate, complete or complies with any particular law or regulation, or that the operation of and your access to the site will be uninterrupted, error-free, virus-free or completely secure.
1.2. Under no circumstances and under no legal theory (tort, contract or otherwise) shall Jing or any of its affiliates, agents, employees, shareholders, directors, officers, third party content providers, successors or assigns be liable to you or any other person or entity for any indirect, special, incidental, punitive or consequential damages of any character, including without limitation, damages for loss of goodwill, work stoppage, computer failure or malfunction, loss of data, loss of productivity or contract, or any and all other commercial damages or losses.
1.3. Your use of this site is at your sole risk and any content that you download is downloaded at your own discretion and risk, and you are solely responsible for any damage to your computer system in excess of the amount Jing received from students for a course, and for any loss of data that results from the downloading of any such content, including any damages resulting from computer viruses.
1.4. In no event will Jing be liable for any damages in excess of the amount Jing received from the student for access to a course, even if any other party has informed Jing of the possibility of such damages, or for any claim.
1.5. In no event will warranties provided by law, if any, apply unless they are required to apply by statute notwithstanding their exclusion by contract.
1.6. This disclaimer is applicable to any damage or injury resulting from the negligence or an omission of Jing, computer virus or other similar item, telecommunications errors, or unauthorised access to or use of user information through theft or any other means. Jing is not liable for criminal, tortious, or negligent actions or omissions of third parties that affect this site.