About the Service
The Service allows you to submit user-generated content, purchase and participate in coaching sessions, and submit questions to the advice column.
Registration; Rules for User Conduct and Use of the Service
You need to be at least 18 years old and a resident of the United States to register for and use the Service.
If you are a user who signs up for the Service, you will create a personalized account which includes a unique username and a password to access the Service and to receive messages from the Company. You agree to notify us immediately of any unauthorized use of your password and/or account. The Company will not be responsible for any liabilities, losses, or damages arising out of the unauthorized use of your member name, password and/or account.
Your permission to use the Site is conditioned upon the following use, posting and conduct restrictions:
You agree that you will not under any circumstances:
- Access the Service for any reason other than your personal, non-commercial use solely as permitted by the normal functionality of the Service;
- Collect or harvest any personal data of any user of the Site or the Service;
- Use the Site or the Service for the solicitation of business in the course of trade or in connection with a commercial enterprise;
- Distribute any part or parts of the Site or the Service without our explicit written permission (we grant the operators of public search engines permission to use spiders to copy materials from the site for the sole purpose of creating publicly available searchable indices but retain the right to revoke this permission at any time on a general or specific basis);
- Use the Service for any unlawful purpose or for the promotion of illegal activities;
- Attempt to, or harass, abuse or harm another person or group;
- Use another user’s account without permission;
- Intentionally allow another user to access your account;
- Provide false or inaccurate information when registering an account;
- Interfere or attempt to interfere with the proper functioning of the Service;
- Make any automated use of the Site, the Service or the related systems, or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure;
- Bypass any robot exclusion headers or other measures we take to restrict access to the Service, or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data;
- Circumvent, disable or otherwise interfere with any security-related features of the Service or features that prevent or restrict use or copying of content, or enforce limitations on use of the Service or the content accessible via the Service; or
- Publish or link to malicious content of any sort, including that intended to damage or disrupt another user’s browser or computer.
Posting And Conduct Restrictions
When you create your own personalized account, you may be able to provide articles (“User Generated Content”) to the Service. You are solely responsible for the User Generated Content that you submit, post, upload, link to or otherwise make available via the Service.
You agree that we are only acting as a passive conduit for your online distribution and publication of your User Generated Content. The Company, however, reserves the right to remove any User Generated Content from the Service at its sole discretion.
We grant you permission to use and access the Service, subject to the following express conditions surrounding User Generated Content. You agree that failure to adhere to any of these conditions constitutes a material breach of these Terms.
By transmitting and submitting any User Generated Content while using the Service, you agree as follows:
- You are solely responsible for your account and the activity that occurs while signed in to or while using your account;
- You will not post information that is malicious, libelous, false or inaccurate;
- You will not post any information that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive;
- You will not submit content that is copyrighted or subject to third party proprietary rights, including privacy, publicity, trade secret, or others unless you are the owner of such rights or have the appropriate permission from their rightful owner to specifically submit such content; and
- You hereby agree that we have the right to determine whether your User Content submissions are appropriate and comply with these Terms of Service, remove any and/or all of your submissions, and terminate your account with or without prior notice.
You understand and agree that any liability, loss or damage that occurs as a result of the use of any User Generated Content that you make available or access through your use of the Service is solely your responsibility. The Site is not responsible for any public display or misuse of your User Generated Content.
The Site does not, and cannot, pre-screen or monitor all User Generated Content. However, at our discretion, we, or technology we employ, may monitor and/or record your interactions with the Service or with other Users.
Online Content Disclaimer
Opinions, advice, statements, offers, or other information or content made available through the Service, but not directly by the Site, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.
We do not guarantee the accuracy, completeness, or usefulness of any information on the Site or the Service nor do we adopt nor endorse, nor are we responsible for, the accuracy or reliability of any opinion, advice, or statement made by other parties. We take no responsibility and assume no liability for any User Generated Content that you or any other user or third party posts or sends via the Service. Under no circumstances will we be responsible for any loss or damage resulting from anyone’s reliance on information or other content posted on the Service, or transmitted to users.
Links To Other Sites And/Or Materials
Copyright Complaints And Copyright Agent
(a) Termination of Repeat Infringer Accounts. We respect the intellectual property rights of others and requires that the users do the same. Pursuant to 17 U.S.C. 512(i) of the United States Copyright Act, we have adopted and implemented a policy that provides for the termination in appropriate circumstances of users of the Service who are repeat infringers. We may terminate access for participants or users who are found repeatedly to provide or post protected third party content without necessary rights and permissions.
(b) DMCA Take-Down Notices. If you are a copyright owner or an agent thereof and believe, in good faith, that any materials provided on the Service infringe upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (see 17 U.S.C 512) (“DMCA”) by sending the following information in writing to the our designated copyright agent at 6341 Stewart Rd, Box 150, Galveston, Texas 77551:
- The date of your notification;
- A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
- A description of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
- A description of the material that is claimed to be infringing or to be the subject of infringing activity and information sufficient to enable us to locate such work;
- Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and/or email address;
- A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
- A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
(c) Counter-Notices. If you believe that your User Content that has been removed from the Site is not infringing, or that you have the authorization from the copyright owner, the copyright owner’s agent, or pursuant to the law, to post and use the content in your User Content, you may send a counter-notice containing the following information to our copyright agent using the contact information set forth above:
- Your physical or electronic signature;
- A description of the content that has been removed and the location at which the content appeared before it was removed;
- A statement that you have a good faith belief that the content was removed as a result of mistake or a misidentification of the content; and
- Your name, address, telephone number, and email address, a statement that you consent to the jurisdiction of the federal court in Texas and a statement that you will accept service of process from the person who provided notification of the alleged infringement.
If a counter-notice is received by our copyright agent, we may send a copy of the counter-notice to the original complaining party informing such person that it may reinstate the removed content in ten (10) business days. Unless the copyright owner files an action seeking a court order against the content provider, member or user, the removed content may (in our sole discretion) be reinstated on the Site in ten (10) to fourteen (14) business days or more after receipt of the counter-notice.
By posting any User Generated Content via the Service, you expressly grant, and you represent and warrant that you have a right to grant, to the Company a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, worldwide license to use, reproduce, modify, publish, list information regarding, edit, translate, distribute, publicly perform, publicly display, and make derivative works of all such User Generated Content and your name, voice, and/or likeness as contained in your User Generated Content, if applicable, in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for use in connection with the Service.
Email May Not Be Used To Provide Notice
Communications made through the Service’s email and messaging system will not constitute legal notice to the Site, the Service, or any of its officers, employees, agents or representatives in any situation where legal notice is required by contract or any law or regulation.
User Consent To Receive Communications In Electronic Form
We may also use your email address to send you other messages, including information about the Site or the Service and special offers. You may opt out of such email by changing your account settings, using the “Unsubscribe” link in the message, or by sending an email to email@example.com
Opting out may prevent you from receiving messages regarding the Site, the Service or special offers.
THE SERVICE, IS PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND. WITHOUT LIMITING THE FOREGOING, WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED OR STATUTORY, REGARDING THE SERVICE INCLUDING WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, SECURITY, ACCURACY AND NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY OR REPRESENTATION THAT ACCESS TO OR OPERATION OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES, INFORMATION, CONTENT OR OTHER MATERIAL OBTAINED FROM THE SERVICE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF WARRANTY, SO THIS PROVISION MAY NOT APPLY TO YOU.
LIMITATION OF DAMAGES;
RELEASE TO THE EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE SITE, THE SERVICE, ITS AFFILIATES, DIRECTORS, OR EMPLOYEES, OR ITS LICENSORS OR PARTNERS, BE LIABLE TO YOU FOR ANY LOSS OF PROFITS, USE, OR DATA, OR FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, HOWEVER ARISING, THAT RESULT FROM: (A) THE USE, DISCLOSURE, OR DISPLAY OF YOUR USER CONTENT; (B) YOUR USE OR INABILITY TO USE THE SERVICE; (C) THE SERVICE GENERALLY OR THE SOFTWARE OR SYSTEMS THAT MAKE THE SERVICE AVAILABLE; OR (D) ANY OTHER INTERACTIONS WITH USE OR WITH ANY OTHER USER OF THE SERVICE, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS LIMIT OR DO NOT PERMIT DISCLAIMERS OF LIABILITY, SO THIS PROVISION MAY NOT APPLY TO YOU.
If you have a dispute with one or more users, a restaurant or a merchant of a product or service that you review using the Service, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
If you are a California resident using the Service, you may specifically waive California Civil Code §1542, which says: “A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.”
You agree that any cause of action related to or arising out of your relationship with the Company must commence within 30 days after the cause of action accrues. Otherwise, such cause of action is permanently barred.
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Terms of Service
These Terms of Service are effective as of August 1, 2019
The terms and conditions set forth below apply to all consulting and coaching services provided by Jennifer Taormina, acting for and on behalf of Dear Jenny LLC (“Company”) to individuals and organizations. In these terms (“the Terms”), “we”/“us”/“our”/”owner”/”Coach” means Jennifer Taormina, and “you”/“your”/“yours” means you, the Client.
Purchasing any Services from us constitutes acceptance of the Terms. The Terms shall not be varied in any way whatsoever unless agreed in advance in writing between the parties. The term “Coaching”; as here used covers personal coaching and business coaching. The term “Consulting”, as used here, covers business coaching and coaching.
The purpose of this Agreement is to set forth the details of the Parties relationship so that each is clear as to respective roles and how communication will take place so that the relationship will be positive, productive, and comfortable.
(i) “Fee” means the sum payable by you to us for the Services.
(ii) “Services” means such coaching or consulting services (including but not limited to individual one-to-one sessions over Zoom or telephone, and coaching programs made of numerous sessions).
(iii) ”Session” means a coaching session lasting 50 minutes in length.
(iv) “Program” means a coaching package consisting of several Sessions as outlined in Attachment A.
(i) Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to render Services by means of Coaching, and/or Consulting (the “Session” and “Program”).
(ii) The terms of this Agreement shall be binding for any further goods/services supplied by Company to Client.
(iii) The Services to be provided by the Coach to the Client are coaching or tele-coaching, as designed jointly with the Client. Coaching, which is not advice, therapy or counseling, may address specific personal projects, business, or general conditions in the Client’s life or profession.
(iv) The scope of Services rendered by Company pursuant to this contract shall be solely limited to those contained therein and provided for on Company’s website as part of the Session and Program.
(v) Company reserves the right to substitute Services equal to or comparable to the Session and Program for Client if reasonably required by the prevailing circumstances.
(i) We agree to supply the Services to you and you agree to pay the Fee for the same subject to these Terms.
(ii) The exact date and time of our supply of the Services agreed when you book one of the session slots in the Acquity online scheduling platform, or both parties confirm a date and time via email.
(iii) The amount of the Fee shall be agreed in advance between the parties when you select one of the Services. By selecting a specific Service, you are agreeing to pay the Fee in full at booking.
(iv) No variation to these Terms shall be binding unless agreed in writing and signed by both parties.
4. SESSION AND PROGRAM RULES
(i) Each appointment at which the Services are provided (the “Session”) will last for the time specified in the Service you booked and will take place over Zoom or telephone.
(ii) Client agrees to cancel or reschedule a Session more than 24 hours prior to scheduled Session. If Client does not reschedule prior to this time, that Session will be forfeited and NOT ELIGIBLE for a refund whatsoever.
(iii) Clients who purchase the Program are required to submit their pre-call notes and questionnaire no later than 24 hours before each Session.
(iv) To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to behave, at all times, courteously and respectfully.
(v) Client agrees to abide by any Session and Program rules and/or regulations presented by Company.
(vi) The failure to abide by Session and Program rules and regulations shall be a material breach of this Agreement and therefore sufficient cause for immediate termination of this Agreement by Company.
(vii) In the event of such termination, Client shall not be entitled to refund of any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
Coach will employ a range of methodologies, including coaching, consulting, and mentorship. Client agrees to be open minded and partake in methods proposed. Client understands that Coach makes no guarantees as to the outcome of the Sessions or Program.
(i) Client agrees to pay fees to the Company according to the payment schedule set forth on Company’s website, Attachment A, scheduling or booking platform, electronic invoice or otherwise provided to Client, and the payment plan selected by Client (the “Fee”).
(ii) Client agrees to pay to Company full amount of the Fee at time of booking a Session and as set forth in Attachment A
(iii) Company shall charge Client a 5% (five percent) late fee on all outstanding Session and/or Program balances not paid by the date or dates as agreed between the Parties.
7. REFUND POLICY
(i) There is a 24-hour cancellation policy for all Sessions. Sessions canceled within 24 hours of appointment are NOT ELIGIBLE for a refund whatsoever.
(ii) If Client cancels attendance at, or participation in, the Program for any reason whatsoever, Client WILL NOT be entitled to receive a refund.
(iii) So that Client is fully invested in the Program, no refunds will be issued.
(iv) There are NO REFUNDS after Client has received a Service whatsoever. This includes but is not limited to all Sessions and Programs.
(v) If Company is unable to render a portion of the Session or Program as agreed and no suitable rescheduling is able to be arranged then a refund for that portion only of the Session or Program will be made to Client.
8. CHARGEBACKS AND PAYMENT SECURITY
(i) To the extent that Client provides Company with credit card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s credit card(s) for any unpaid charges on the dates agreed.
(ii) If Client uses a multiple-payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent.
(iii) Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
9. RECORDING OF CALLS
(i) Client acknowledges that calls may be recorded for purposes of fulfilling this Agreement.
10. NO TRANSFER OF INTELLECTUAL PROPERTY
(i) Company’s copyrighted and original materials shall be provided to the Client for his/her individual use only and with a single-user, non-transferable, revocable license.
(ii) Client agrees that he/she will not use any of the Company’s intellectual property, including without limitation the Company’s copyrighted and original materials, for Client’s business purposes.
(iii) Client shall not be authorized to share, copy, distribute, or otherwise disseminate any materials received finished or unfinished from Company electronically or otherwise without the prior written consent of the Company.
(iv) All intellectual property, including Company’s copyrighted materials, shall remain the sole property of the Company.
(v) No license to sell or distribute Company’s materials is granted or implied by the enrollment or by the payment of any fees.
(vi) For the purposes of this Clause, “Material” shall mean the materials, in whatever form, used by the Coach to provide the Services and the products, systems, programs or processes, produced by the Coach pursuant to this Agreement.
11. INDEPENDENT CONTRACTOR STATUS
We are engaged as an independent contractor. Nothing herein will be deemed or construed to create an employer-employee, joint venture, partnership, or agency relationship between us and you for any purpose whatsoever.
12. DISCLAIMER OF WARRANTIES
The Services provided to the Client by the Coach under this Agreement are provided on an “as-is” basis, without any warranties or representations express, implied or statutory; including, without limitation, warranties of quality, performance, non-infringement, merchantability or fitness for a particular purpose.
13. LIMITATION OF LIABILITY
(i) By booking a Session and/or enrolling in the Program and using Company’s Services, Client releases Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns from any and all damages that may result from the provision of the Services to the Client.
(ii) Services are a Coaching service only.
(iii) Client agrees that he/she accepts any and all risks, foreseeable or unforeseeable, arising from such Services.
(iv) In any event, if Company is found to be liable, Company’s liability to Client or to any third party is limited to the lesser of: (a) the total fees Client paid to Company in the one month prior to the action giving rise to the liability.
(vi) All claims against Company must be logged within 30 calendar days of the date of the cause of action arising or otherwise the right of action is forfeited.
(vii) Client agrees that Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns shall never be held liable for any damages of any kind resulting or arising from the provision of the services including but not limited to; punitive, direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of Company’s Services or booking a Session or enrollment in the Program.
(viii) Client agrees that he/she uses Company’s Services at Client’s own risk.
14. DISCLAIMER OF GUARANTEE
(i) By participating in coaching services, mentorship, and/or consulting, Client acknowledges that Jennifer Taormina acting on behalf of Dear Jenny LLC is not a psychologist, therapist, attorney, or financial advisor, and services do not replace the care of other professionals. Coaching and/or consulting is in no way to be construed or substituted as psychological counseling or any other type of therapy or advice.
(ii) The Coach may provide the Client with information relating to products that the Coach believes might benefit the Client, but such information is not to be taken as an endorsement or recommendation. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or coaching provided.
(iii) The Coach may provide Client with third-party recommendations for such services as photography, business, health, or other related services. Client agrees that these are only recommendations and the Coach will not be held liable for the services provided by any third-party to the Client. The Coach is not responsible for any adverse effects or consequences that may result, either directly or indirectly, from any information or services provided by a third-party.
(iv) Client accepts, acknowledges and agrees that she/he is entirely and solely 100 percent responsible for her/his progress, decisions and results of his/her actions from using, participating, and enrolling in the Services.
(v) Client accepts and agrees that the Company cannot control the Client’s responses to the provision of the Services under this Agreement.
(vi) Company makes no representations or guarantees whatsoever regarding performance of this Agreement other than those specifically stated herein.
(vii) Company disclaims, as far as is permitted by law, the implied warranties of titles, merchantability, and fitness for a particular purpose.
(viii) Company makes no guarantee or warranty that the Services will meet Client’s requirements or that all clients will achieve the same or similar results.
(ix) Any testimonials, earnings, or examples shown through Coach’s website, programs, and/or services are only examples of what may be possible for Client. There can be no assurance as to any particular outcome based on the use of Coach’s programs and/or services. Client acknowledges that Coach has not and does not make any representations as to the future income, sales, or potential profitability or loss of any kind that may be derived as a result of the use of Coach’s website, programs, products, or services.
15. NO SUBSTITUTE OF MEDICAL TREATMENT
(i) Client agrees to be mindful of his/her own health and well being during the provision of any services and to seek appropriate medical treatment (including, but not limited to, psychotherapy) if needed.
(ii) Company does not provide and does not hold itself out as providing, medical, therapy, or psychotherapy services.
(iii) Company is not responsible for any decisions made by Client as a result of the Services and any consequences thereof.
(i) The term “Confidential Information” shall mean information which is not generally known to the public relating to the Client’s business or personal affairs.
(ii) Company agrees not to disclose, reveal or make use of any Confidential Information of Client, during discussions with Client, the Session with Company, or otherwise, without the written consent of Client.
(iii) Company shall keep the Confidential Information of the Client in strictest confidence and shall use its best efforts to safeguard the Client’s Confidential Information and to protect it against disclosure, misuse, espionage, loss, and theft.
(iv) Client acknowledges that Coach may share Confidential Information or coaching sessions with Coach’s contractors or representatives solely for the purpose of fulfilling the obligations of this Agreement.
(v) Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own confidential information.
(vi) Client Confidential Information shall not include material created by Client on internet social media (including, but not limited to, Facebook, Pinterest, LinkedIn, Twitter and Instagram). Where such material on social media mentions Company, Services provided by Company, then Client agrees that Company may use such material for marketing and similar purposes without express permission of Client (other than by the terms of this Agreement) and that Client will have no claim of any kind against Company for use of the material.
(vii) The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the date of purchase shall survive the termination, revocation, or expiration of this Agreement.
(i) Client agrees that she/he will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of the Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns its products or services.
(ii)The Company agrees that it will not, at any time, make, directly or indirectly, any oral or written public statements that are disparaging of Client.
(iii)The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth hereinbelow.
(iv) The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.
(v) Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.
18. DISPUTE RESOLUTION
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Austin, Texas or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
(i) Client shall defend, indemnify, and hold harmless Company, the Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements – which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the service(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns.
(ii) Client shall defend Company in any legal actions or the like arising from or related to this Agreement where such action brought by a third party for or on behalf of Client.
(ii) Client recognizes and agrees that all of the Company’s the Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns shall never be held personally, individually or collectively, responsible or liable for any actions or representations of the Company.
If any provision or provisions of this Agreement shall be held to be invalid, illegal or unenforceable for any reason whatsoever: (a) the validity, legality and enforceability of the remaining provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall not in any way be affected or impaired thereby and shall remain enforceable to the fullest extent permitted by law; (b) such provision or provisions shall be deemed reformed to the extent necessary to conform to applicable law and to give the maximum effect to the intent of the parties hereto; and (c) to the fullest extent possible, the provisions of this Agreement (including, without limitation, each portion of any Section, paragraph or sentence of this Agreement containing any such provision held to be invalid, illegal or unenforceable, that is not itself invalid, illegal or unenforceable) shall be construed so as to give effect to the intent manifested thereby.
21. GOVERNING LAW
This Agreement shall be governed by and construed in accordance with the laws of the State of Texas, regardless of the conflict of laws principles thereof.
22. GOOD FAITH
Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.
23. ENTIRE AGREEMENT
This Agreement contains the entire agreement between the parties and supersedes all prior agreements between the parties, whether written or oral. No representations, inducements, promises, or agreements which are not embodied herein shall be of any force or effect. This Agreement may not be modified, amended, varied, waived, explained, added to, extended, changed in any way, except by a written instrument executed by a person authorized to execute such an instrument on behalf of both the Client and the Coach.
24. OTHER TERMS
We can amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. It is your sole responsibility to check the Site from time to time to view any such changes in this agreement. Your continued use of the Site or the Service signifies your agreement to our revisions to these Terms of Service. We will endeavor to notify you of material changes to the Terms by posting a notice on our homepage and/or sending an email to the email address you provided to us upon registration. For this additional reason, you should keep your contact and profile information current. Any changes to these Terms (other than as set forth in this paragraph) or waiver of our rights hereunder shall not be valid or effective except in a written agreement bearing the physical signature of one of our officers. No purported waiver or modification of this agreement on our part via telephonic or email communications shall be valid.
If any part of this Terms of Service agreement is held or found to be invalid or unenforceable, that portion of the agreement will be construed as to be consistent with applicable law while the remaining portions of the agreement will remain in full force and effect. Any failure on our part to enforce any provision of this agreement will not be considered a waiver of our right to enforce such provision. Our rights under this agreement survive any transfer or termination of this agreement.
You agree that any cause of action related to or arising out of your relationship with the Company must commence within 30 days after the cause of action accrues. Otherwise, such cause of action is permanently barred.
These Terms of Service and your use of the Site and Services are governed by the federal laws of the United States of America and the laws of the State of Texas, without regard to conflict of law provisions.
Single Coaching Sessions:
Single (1) 50-minute Coaching Session: $350
Five (5) 50-minute Coaching Sessions at $350 per Session ($1750)
One (1) 90-minute Intensive Session ($525)
All sessions must be used within 2 months from the date of purchase
Ten (10) 50-minute Coaching Sessions at $350 per Session ($3500)
Two (2) 90-minute Intensive Sessions ($850) (value $1050)
All sessions must be used within 4 months from the date of purchase
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Privacy and Cookies Policy
Effective as of October 1, 2018
Protecting your privacy is really important to us. Accordingly, we’re providing this Privacy and Cookies Policy to explain how we collect, use, disclose and manage your personal, company, financial and other information that you provide when you use http://jennifertaormina.com (the “Site”) and Programs, Products, Services or otherwise, as well as how we care for your privacy and protect such information.
WHEN YOU ACCESS OR USE THE WEBSITE, OR OTHERWISE PROVIDE ANY INFORMATION TO US, YOU AGREE TO THIS PRIVACY AND COOKIES POLICY, INCLUDING THE MANNER IN WHICH WE USE YOUR INFORMATION, WHETHER OR NOT YOU HAVE AN ACCOUNT WITH DEAR JENNY MEDIA LLC. IF YOU DO NOT AGREE TO THIS PRIVACY AND COOKIES POLICY, OR TO ANY CHANGES WE MAY SUBSEQUENTLY MAKE TO THIS PRIVACY AND COOKIES POLICY, YOU MUST IMMEDIATELY STOP USING THE WEBSITE OR OTHERWISE PROVIDING ANY INFORMATION TO US.
How do we collect and use information?
Our primary goals in collecting information are to provide and improve our Site, Programs, Products, and Services, to administer your use of the Site, Programs, Products, and Services (including your Account, if you are an Account holder), and to enable you to enjoy and easily navigate our Website and Services.
We may collect and use information in one or more of the following ways:
- Through the completion of electronic forms found on the Site or on a third-party-hosted website, whether via computer or mobile device;
- Through the completion of paper forms provided to us;
- Through SMS (Short Message Service) messages sent via cell phone, or through e-mail and other communications;
- Through telephone calls made to us, or vice versa;
- Through surveys or other Site features;
- Through referring websites or third parties, including social media sites such as Facebook, Twitter, Tumblr, Instagram, Pinterest, YouTube, Google+ and others
- Through the maintenance and analysis of Website server logs;
- Via “cookies” (small text files placed by us on your computer(s)), single pixel GIF image files (also called “Web beacons”), Website server log analysis and other similar technological means;
- To improve customer service and help us more effectively respond to customer service requests and support;
- To personalize user experience, We may use information in the aggregate to understand how our Users as a group use the services, content and resources provided on our Site;
- To send Users information they agreed to receive about topics we think will be of interests to them;
- To process transactions, we may use the information Users provide about themselves when placing an order only to provide service to that order. We do not share this information with outside parties except to the extent necessary to provide the service;
- To improve our Site based on the information and feedback we receive from you;
- To send periodic emails to the Users email address provided for order processing, respond to inquiries and/or other requests and questions; and
- If Users opt-in to our mailing list, they will receive emails that may include, company news, updates, promotions, and other related service and product information, etc. If at any time the User would like to unsubscribe from receiving future emails, we include detailed unsubscribe instructions at the bottom of each email or User may contact us to unsubscribe.
Customer Account Information. When you become a Customer we’ll collect certain information that can be used to identify you, such as your name, email address, home address, phone number(s), as well as driver’s license, passport, visa or other government-issued ID information (“Personally Identifiable Information” or “PII”). We may also collect certain information that is not PII because it cannot be used by itself to identify you, such as your age and your zip code. If you choose to provide us with information about your online social networking services accounts (“SNS Accounts”), we can use the generally-available application programming interfaces provided by such SNS Account providers in order to verify such SNS Accounts and indicate such accounts are “verified” on your Customer profile.
Website Comments. When you leave a comment on this website, you are giving implied consent for this comment and your information to appear on our website. In leaving a comment, your name and email address will not be shared with any third party. We may use your email address solely to respond to your comment. However, we are not liable or responsible for the actions of other individuals and the unauthorized use by such information that your voluntarily share.
Testimonials. If you choose to share a testimonial on this website, we will first obtain your written permission via email before including your name and testimonial on our website.
CAN-SPAM Compliance. To ensure compliance with the CAN-SPAM act, all emails from us will clearly state the sender of the email, as well as provide instructions on how to unsubscribe from our list, or contact us with any questions or concerns.
Lawful Grounds for Processing. In order to ensure compliance with the European Union’s General Data Protection Regulation (“GDPR”) we confirm we have lawful grounds for processing the information we collect from you. If you provide your personal information via our “contact us” page or send us any other form of electronic communication, we will process your data based upon our legitimate interest to respond to user or customer inquiries. If you elect to receive communication from us by “opting in” and provide us with your name and email address in exchange for a free resource or training, we will process your data for the purpose it was collected based on your affirmative consent to do so, and may periodically send you additional email marketing based upon our legitimate interest in marketing to those that have shown an interest in our products or services. We may also give you the option to be added to our email list, in order to receive our newsletter, information about our products and services, and other information we believe may be of interest to you based upon your decision to opt-in to one or more of our free resources, and will obtain your consent to do so. You may withdraw consent at any time by contacting us and requesting your information be edited, updated, or deleted. We do not collect any sensitive data, nor any information regarding criminal offenses or convictions.
Information Related to Log Data. Our servers automatically record certain information about how Guests and Customers (either, a “User”) use our Website and Services (we refer to this information as “Log Data”) holders. Log Data may include information such as a User’s Internet Protocol (IP) address, browser type, operating system, the web page that a User was visiting before accessing our Website and Services, the pages or features of our Website and Services to which a User browsed and the time spent on those pages or features, search terms, the links on our Website and Services that a User clicked on and other statistics. We use this information to administer the Website and Services and we analyze (and may engage third parties to analyze) this information to improve and enhance the Website and Services by expanding their features and functionality and tailoring them to our Users’ needs and preferences. We may use a person’s IP address to fight spam, malware and identity theft. We also use the IP Address to generate aggregate, non-identifying information about how our Services are used.
Location Information. We collect and store information about where you are located by utilizing your IP address or accessing the GPS information available through your mobile device. We collect this information for various purposes—including to provide you with customer support, to send you promotions and offers, to enhance our Services and for our internal business purposes.
What Information Do We Share With Third Parties?
Information Shared with Our Services Providers. We may engage third party service providers to work with us to administer and provide the Services. For example, we use Stripe as our third-party payment processing provider. We use Acquity as our third-party scheduling system. These third-party services providers have access to your PII only for the purpose of performing services on our behalf.
Information Disclosed in Connection with Business Transactions. Information that we collect from our Users, including PII, is considered to be a business asset. As a result, if we go out of business or enter bankruptcy or if we are acquired as a result of a transaction such as a merger, acquisition or asset sale, your PII may be disclosed or transferred to the third-party acquirer in connection with the transaction.
Information Disclosed for Our Protection and the Protection of Others. It is our policy to protect you from having your privacy violated through abuse of the legal systems, whether by individuals, entities or government and to contest claims that we believe to be invalid under applicable law. However, it is also our policy to cooperate with government and law enforcement officials and private parties. Accordingly, we reserve the right to disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary: (i) to satisfy or comply with any applicable law, regulation or legal process or to respond to lawful requests, including subpoenas, warrants or court orders; (ii) to protect our property, rights and safety and the rights, property and safety of third parties or the public in general; and (iv) to prevent or stop activity we consider to be illegal or unethical.
The Security of Your Information
We take reasonable measures to protect the information that we collect from or about you (including your PII) from unauthorized access, use or disclosure. Please be aware, however, that no method of transmitting information over the Internet or storing information is completely secure. Accordingly, we cannot guarantee the absolute security of any information.
Links to Other Sites
Modifying Your Information
You have the right to update, edit, or delete your information from our database. You may “unsubscribe” from our list at any time, by clicking the “unsubscribe” button at the bottom of any email we send you from our list. Should you wish to request access to information that Dear Jenny Media LLC has about you, correct or edit any information, or unsubscribe from our email list, and/or remove or delete your information from our database, you also have the option to do so at any time, free of charge, by reaching out to us at firstname.lastname@example.org.
You can also access and modify the PII associated with your Account by navigating to your profile or Account Settings page on the Site or the App. If you want us to delete your Account, you can navigate to the Account Settings page on the Site or the App and choose “Remove Account.” Some of your information may remain in archived/backup copies for our records or as otherwise required by law; additionally, we will retain your PII for a reasonable period of time in order to enable you to easily reactivate your Account in the future.
Our Policy Toward Children
Our Content, Site and Services are not directed to children under 13 and we do not knowingly collect PII from children under 13. If we learn that we have collected PII of a child under 13 we will take steps to delete such information from our files as soon as possible. If you are under the age of 18 or otherwise not of legal age to form a binding contract in your place of residence, you must have your parent or legal guardian’s permission to use the Site.
If you have any questions or comments about our Privacy and Cookies Policy, please contact us at email@example.com.
[/et_pb_tab][et_pb_tab title=”Disclaimer” _builder_version=”4.4.8″ link_option_url=”http://jennifertaormina.com/disclaimer/” hover_enabled=”0″]
This website is owned and operated by Dear Jenny LLC (“Company,” “we,” “us,” or “our”).
Please read the Disclaimer carefully before you start to use the Site.
Any views or opinions represented in this Site belong solely to the Content creators and do not represent those of people, institutions or organizations that the Company or its creators may or may not be associated with in professional or personal capacity unless explicitly stated. Any advice, views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.
For Educational, Informational and Entertainment Purposes Only
The information contained on this Site and the resources available for download through are for educational, informational and entertainment purposes only.
Not Professional Advice
The information contained in or through this Site, Programs, Products, Services and any resources available for download are for educational, informational and entertainment purposes only and are made available to you for your own use, and shall not be understood, construed, intended to replace or substitute for any professional, financial, medical, legal, or other professional advice.
When serving as a Business Coach and Consultant whether through in-person, phone, Skype, Zoom, online webinars, teleseminars, videos, audio’s, books, e-books, social media, email, and otherwise in a variety of settings, including but not limited to, individual and/or group programs, classes, workshops, events, retreats, seminars, coaching sessions, consultations and/or trainings, website content, blog, Programs, Products or Services, you acknowledge that we are supporting you in a role exclusively as a Business Coach and Consultant and in no other role.
The advice offered herein, as well as any advice offered by email, phone, Skype, Zoom, online webinars, teleseminars, videos, audio’s, books, e-books, social media, in person, and otherwise in a variety of settings by the Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns is intended for educational, informational and entertainment purposes only and shall not be understood, construed, intended to replace or substitute for any professional, financial, medical, legal, or other professional advice. You, the reader are solely responsible for any action and/or decision you make. If you have specific concerns or a situation in which you require professional, psychological or medical help, you should consult with an appropriately trained and qualified specialist. The Company reserves the right to edit questions for length and clarity and offers no guarantee that any particular question will be responded to.
The Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns are not responsible for the outcome or results in any given situation. You, and only you, are completely responsible for your actions and decisions. We accept no liability for any situation in your life past, present or future.
Not Medical, Mental Health, or Religious Advice
The information provided in or through our Site, Programs, Products and Services is not intended to be a substitute for professional medical advice, diagnosis or treatment that can be provided by your own Medical Provider (including doctor/physician, nurse, physician’s assistant, or any other health professional), Mental Health Provider (including psychiatrist, psychologist, therapist, counselor, or social worker), or member of the clergy. Therefore, do not disregard or delay seeking professional medical, mental health or religious advice because of information you have read on this Site or received from us. Do not stop taking any medications without speaking to your own Medical Provider or Mental Health Provider. If you have or suspect that you have a medical or mental health problem, contact your own Medical Provider or Mental Health Provider promptly.
Not Legal or Financial Advice
The information provided in or through our Site, Programs, Products and Services is not intended to be a substitute for legal or financial advice that can be provided by your own attorney, accountant, and/or financial advisor. Although care has been taken in preparing the information provided to you, we cannot be held responsible for any errors or omissions, and we accept no liability whatsoever for any loss or damage howsoever arising. The law varies by state, and it is constantly changing, and therefore it affects each individual and business in different ways. As a result, it is recommended to seek outside financial and/or legal counsel relating to your specific circumstances as needed. You are hereby advised to consult with your tax consultant, accountant or lawyer for any and all questions and concerns you have, may have, or hereafter have regarding your own income and taxes, and any and all information presented by our Site, Programs, Products or Services pertaining to your specific financial and/or legal situation.
Not Holding Self Out
In the owner’s capacity as a Business Coach and Consultant, the owner serves as a coach, consultant, mentor, guide, and accountability partner that shares tools and support for accomplishing your business goals. The owner is not holding out as anything else.
Individual’s Personal Responsibility
By using our Site, Programs, Products, Services, and any resources available for download, you acknowledge and accept that you are participating voluntarily, and you alone are 100 percent solely and personally responsible for the decisions and results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website, or the resources available for download from this Site. You agree to use judgment and conduct due diligence before taking any action, implementing or applying any plan, recommendation, or advice on our Site or through our Programs, Products, and Services.
No Guarantees of Income or of Any Kind
Your success depends primarily on your own effort, motivation, commitment, and follow-through. We cannot and do not guarantee that you will attain a particular business result or income increase or level. You accept and understand that results differ by each individual. Each individual’s business success depends on his or her background, dedication, desire, motivation, and a whole list of other additional factors.
As with any business-related program or service that you purchase, your results may vary and will be based on many variables. Therefore, no guarantees can be made. Any earnings or income statements or examples shown through our Site, Programs, Products, and Services are only estimates of what might be possible for you. There can be no assurance as to any particular financial outcome based on the use of our Site, Programs, Products or Services. You agree that we are not responsible for the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our Website, Programs, Products, and Services. You are solely responsible for your results.
Errors and Omissions
Although every effort is made to ensure the accuracy of information shared on or through our Site, Programs, Products and Services, the information may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced on or through our Site, Programs, Products, and Services or those of any other individual or company affiliated with us in any way. Every effort has been made to present you with the most accurate, up-to-date information, but because business and technology are constantly evolving, we cannot be held responsible for the accuracy, errors or omissions related to our Website, Programs, Products or Services.
Neither the Company nor the owner, its author, partners, employees, contractors, agents, principals, members successors and/or assigns shall be held liable or responsible for any errors or omissions on the Site, Programs, Products, Services or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation. You accept that the information contained on this Site may be erroneous and agree to conduct due diligence to verify any information obtained from this Site and/or resources available on it prior to taking any action. You expressly agree not to rely upon any information contained in this website, http://jennifertaormina.com.
Content and Postings
You may not modify, print or copy any part of the Site. Inclusion of any part of this Site in another work, whether in printed or electronic or another form or inclusion of any part of the Website in another website by embedding, framing or otherwise without the express permission of the Company is prohibited.
You may submit comments for the Content available on the Site. By uploading or otherwise making available any information to the Company, you grant the Company the unlimited, perpetual right to distribute, display, publish, reproduce, reuse and copy the information contained therein. You may not impersonate any other person through the Website. You may not post content that is defamatory, fraudulent, obscene, threatening, invasive of another person’s privacy rights or that is otherwise unlawful.
You may not post content that infringes on the intellectual property rights of any other person or entity. You may not post any content that includes any computer virus or other code designed to disrupt, damage, or limit the functioning of any computer software or hardware. By submitting or posting Content on the Site, you grant the Company the right to edit and, if necessary, remove any Content at any time and for any reason.
In no event shall the Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns be liable for any special, direct, indirect, consequential, or incidental damages or any damages whatsoever, whether in an action of contract, negligence or other torts, arising out of or in connection with the use of the Site, Programs, Products, and Services or the contents of the Services. The Company reserves the right to make additions, deletions, or modifications to the content on the Site, Programs, Products, and Services at any time without prior notice.
External Links Disclaimer
The Site may contain links to external websites that are not provided or maintained by or in any way affiliated with the Company. Please note that the Company does not guarantee the accuracy, relevance, timeliness, or completeness of any information on these external websites.
Compensation and Reviews
This Site accepts forms of advertising, sponsorship, paid insertions or other forms of compensation. The Company is compensated to provide opinion on products, services, websites and various other topics. Even though the Company receives compensation for our posts or advertisements, we always give our honest, good-faith opinions, findings, beliefs, or experiences on those topics or products. The views and opinions expressed on the Website, Social Media or Email are opinions purely from the Company. Any product claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question. Sponsored content, advertising space or post will always be identified as such. Some of the links on the Website may be “affiliate links”. This means if you click on the link and purchase an item, the Company will receive an affiliate commission.
We present real-world experiences, testimonials, and insights about other people’s experiences for purposes of illustration only. The testimonials, examples, and photos used are of actual clients and results they personally achieved or they are comments from individuals who can speak to my character and/or the quality of my work. Each client, customer, or individual has approved these testimonials, examples, and photos for use in materials to speak to our Programs, Products and/or Services, but they are not intended to represent or guarantee that current or future clients, customers, or individuals will achieve the same or similar results. Rather, these clients, customers and/or individual stories represent what is possible with our Programs, Products and/or Services. Each of these unique stories, and any and all results reported in these stories by our clients on this Site and through our Programs, Products, and Services, are the culmination of numerous variables, some of which we cannot control.
From time to time, we may promote or partner as an affiliate with other individuals or companies whose programs, products and services align with us. In the spirit of transparency, we want you to be aware that there may be instances when we promote or market for our partners and in exchange we receive financial compensation in the form of affiliate fees and/or other rewards. Please note that we are highly selective as to the partners whose programs, products and/or services we promote and we only promote or share the programs, products and services of those with whom we think highly. At the same time, any such promotion or marketing does not serve as any form of endorsement. You are still required to use your own judgment when using or purchasing any such affiliate program, product or service to determine that it is appropriate for you as we waive all liability as related to any of our affiliates, including any of their programs, products or services.
We participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and linking to amazon.com. Amazon, the Amazon logo, AmazonSupply, and the AmazonSupply logo are trademarks of Amazon.com, Inc. or its affiliates.
References or links in our Site, Programs, Products, Services, Email Marketing and Social Media Accounts, and to any other individual’s, business or entity’s information, opinions, advice, programs, products or services do not constitute our formal endorsement. We are merely sharing information as a reference with you. We are not responsible for the website content, blogs, e-mails, videos, social media, programs, products and/or services of any off-site web pages, companies or persons linked or referenced in our Site, Programs, Products or Services. Should our Site link or any of our Programs, Products or Services appear in any other individual’s, business’s or entity’s website, program, product or services, it does not constitute our formal endorsement of them, their business or their website in any way. It is your responsibility to conduct your own investigation and make your own determination about any such Products, Advice, Programs, Services, Coaches, Consultants, and/or Experts.
Assumption of Risk
There are sometimes unknown individual risks and circumstances that can arise during use of our Site, Programs, Products and Services that cannot be foreseen that can influence or reduce results. We are not responsible for your personal choices or actions before, during or after use of our Website, Programs, Products and Services. You understand that any mention of any suggestion or recommendation on or through our Site, Social Media Accounts, Programs, Products or Services is to be taken at your own risk, with no liability on our part, recognizing that there is a rare chance that illness, injury or even death could result. You accept full responsibility for the consequences of your use, or non-use, of any information provided by the Company, its owner, author, partners, employees, contractors, agents, principals, members successors and/or assigns through any means whatsoever. Your use, or non-use, of this information is at your own risk, and you absolve us of any liability or loss that you, your business, or your family or children (if applicable) or any other person, may incur from your or their use, or non-use, of the information provided.
THE COMPANY MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS SITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS SITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
Limitation of Liability
YOU AGREE TO ABSOLVE THE COMPANY OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT THE COMPANY SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS SITE.
THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. THE COMPANY AND/OR ITS SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE SITE AT ANY TIME.
THE COMPANY AND/OR ITS SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. THE COMPANY AND/OR ITS SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY AND/OR ITS SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU.
IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Acceptance of this Disclaimer
We reserve the right to modify this Disclaimer at any time, effective upon posting of an updated version of this Disclaimer on the Site. When we do we will revise the updated date at the bottom of this page. Continued use of the Site after any such changes shall constitute your consent to such changes.
The Company welcomes your questions or comments regarding the Disclaimer:
Email us at firstname.lastname@example.org.
Effective date as of October 10, 2018