Here’s the fine print—but written with you in mind. At Jennifer Taormina & Co., we believe in transparency—because trust matters. Whether you're browsing our site, purchasing a template, or considering a custom branding or website project, it’s important to understand what you can expect from us and what we expect from you.

These Terms of Use outline the rules for using our Website, including your rights, responsibilities, and limitations. By accessing or interacting with our Website, Products or Services, you agree to the terms below.








1. INTRODUCTION

These Website Terms of Use (“Terms of Use” or “Agreement”) constitute a legally binding agreement between you (“you” or “User”) and Jennifer Taormina & Co. (“Company,” “we,” “us,” or “our”). These Terms govern your access to and use of our website located at [https://jennifertaorminaco.com] (the “Website”), including any and all content, functionality, tools, templates, services, features, communications, downloads, digital products, scheduling systems, or materials offered or made available through the Website (collectively, the “Services”).

Please read these Terms carefully. By accessing or using the Website or Services in any manner—including but not limited to browsing, purchasing a product, downloading a template or resource, booking a service, submitting a form, or interacting with embedded third-party tools—you agree to be bound by these Terms of Use and our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms, you must not access or use the Website or any Services.


2. PARTIES

The term “you” or “your” refers to any individual or entity who accesses, browses, uses, or interacts with the Website or Services. This includes, without limitation, users who submit forms, sign up for a consultation, download digital resources, purchase templates or services, schedule appointments, or otherwise engage with the Company through the Website.

By using the Website or Services, you represent and warrant that:

You are at least eighteen (18) years of age or of legal majority in your jurisdiction;

You have the legal capacity and authority to enter into a binding agreement on behalf of yourself or any entity you represent; and

You agree to comply with all applicable laws and these Terms of Use.

You acknowledge that these Terms of Use are enforceable as a legally binding contract. Collectively, you and the Company are referred to herein as the “Parties.”

3. ACCEPTANCE OF TERMS

These Terms of Use constitute a binding legal agreement between you and Jennifer Taormina & Co. (“Company”). By accessing, browsing, or using the Website or any of the Services in any manner, you acknowledge that you have read, understood, and agree to be legally bound by these Terms, as well as our Privacy Policy, which is incorporated herein by reference.

If you do not agree to these Terms in full, you are expressly prohibited from accessing or using the Website or Services, and you must immediately discontinue all use.

Your continued use of the Website after any updates to these Terms are posted constitutes your binding acceptance of the revised Terms. It is your responsibility to review this page periodically to stay informed of any changes.

4. MODIFICATIONS TO THE TERMS OF USE

We reserve the right, in our sole discretion, to revise, update, or otherwise modify these Terms of Use at any time, without prior notice. All modifications are effective immediately upon posting to the Website and apply to all access to, and continued use of, the Website thereafter.

You are responsible for reviewing these Terms periodically to stay informed of any updates. Your continued use of the Website following the posting of revised Terms constitutes your acceptance of and agreement to be bound by those changes. If you do not agree to the updated Terms, you must immediately discontinue use of the Website and Services.

The “Last Modified” date at the top of this page reflects the most recent date these Terms were revised.

5. PRIVACY

You acknowledge and agree that all personal information you provide to the Company through the Website, including but not limited to information provided during registration, purchase, or use of any interactive features, is governed by our Privacy Policy, available at https://jennifertaorminaco.com/privacy-policy, which is hereby incorporated by reference.

By using the Website or submitting any personal data, you consent to all actions taken by us with respect to your information in compliance with our Privacy Policy. You further agree that it is your responsibility to review our Privacy Policy periodically.
6. ACCESS AND USE OF WEBSITE 

The Company reserves the right, in its sole discretion, to modify, suspend, discontinue, or restrict access to any part of the Website or Services, temporarily or permanently, at any time and without notice.

You acknowledge and agree that the Company shall not be liable to you or to any third party for any interruption, modification, suspension, or discontinuation of the Website or any Service, including any loss of data or content. You assume full responsibility for implementing sufficient procedures and checkpoints to satisfy your requirements for data backup and restoration.



8. INTELLECTUAL PROPERTY RIGHTS

All content, features, and functionality on the Website—including but not limited to text, graphics, photographs, images, video, audio, music, software, source code, user interfaces, visual interfaces, product designs, templates, digital downloads, the selection and arrangement thereof, and any other material provided by or through the Company—are the exclusive property of Jennifer Taormina & Co., its licensors, or other content providers, and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

The Company name, logo, trademarks, service marks, and all related names, logos, product and service names, designs, and slogans (collectively, the “Marks”) are the intellectual property of the Company or its licensors. You may not use, reproduce, copy, modify, distribute, publicly display, or create derivative works from any Company content or Marks without the prior express written consent of the Company. Any unauthorized use of our intellectual property is strictly prohibited and may result in legal action.


9. USE OF TEMPLATES & LICENSE RESTRICTIONS

All templates, downloads, and digital design materials made available for purchase or opt-in on this Website are the intellectual property of Jennifer Taormina & Co. and are licensed, not sold, to you for limited personal or business use.

By purchasing or accessing a template or digital product, you are granted a non-exclusive, non-transferable, non-sublicensable, revocable license to use the template for one (1) personal or business website. You may not:

Reproduce, redistribute, share, resell, sublicense, or otherwise exploit the template in any way;

Use the template or its contents to create derivative works intended for resale or redistribution;

Claim ownership or authorship of the template design;

Use any part of the template to develop similar products, services, or resources for sale or license.

Violation of these license terms constitutes a material breach of these Terms and may result in immediate revocation of your license, legal action, and/or a claim for damages.

10. WEBSITE FOR PERSONAL USE

The Website and all Services provided through it are intended solely for your personal, non-commercial use. You may not use any content from the Website—including but not limited to text, images, videos, graphics, templates, downloads, or course materials—for any commercial purpose, resale, sublicensing, or distribution, nor may you publicly display or use the materials in a commercial or non-commercial setting without prior written consent from the Company.

Any unauthorized use of the Website or its content may result in immediate termination of your access and may constitute a violation of applicable intellectual property laws.
11. NO REPRODUCTION

You may not copy, reproduce, republish, modify, reverse-engineer, create derivative works from, upload, post, transmit, distribute, sell, license, or otherwise exploit any content or material available on the Website, in whole or in part, without the prior express written consent of the Company.

The only exception to this restriction is as follows:

(i) If the Company offers a digital product, free downloadable resource, or file through an authorized opt-in form or purchase, you may download a single copy of that specific file to your personal device for your own personal, non-commercial use only, and subject to any terms and restrictions provided at the time of download.

You may not print, download, screenshot, or reproduce any other part of the Website, including its design, layout, structure, graphics, text, or content, under any circumstances.

Any unauthorized use of Website materials constitutes a violation of these Terms and applicable intellectual property laws and may result in legal action.




12. REPEAT INFRINGER POLICY

In accordance with the DMCA and applicable intellectual property laws, the Company maintains a strict policy for terminating access and/or user accounts of repeat infringers. At our sole discretion, we may also restrict, suspend, or terminate access to any user who we believe has infringed upon the rights of others, regardless of whether a repeat offense has occurred.


13. USER CONTRIBUTIONS

By submitting, uploading, posting, or otherwise providing any content to the Website—including but not limited to comments, testimonials, reviews, images, videos, or other materials (“User Contributions”)—you grant the Company a worldwide, non-exclusive, royalty-free, perpetual, irrevocable, sublicensable, and transferable license to use, reproduce, distribute, display, publicly perform, modify, and create derivative works of such User Contributions for any lawful purpose, including but not limited to marketing, advertising, social proof, or other promotional use, without further notice or compensation to you.

You represent and warrant that you own or control all rights to any User Contributions you submit and that such contributions do not infringe or violate the rights of any third party, including privacy, publicity, intellectual property, or contractual rights. You waive any moral rights you may have in such content, and you release the Company from any and all liability arising from its use.

If you do not want us to republish your submission, you must explicitly state that in writing at the time of submission. However, we reserve the right not to post or remove any contributions at our sole discretion.
14. FEES

Fees for digital templates and other digital products are listed on the Website and are due in full at the time of purchase. By completing a purchase on the Website, you agree to pay the posted price in full and acknowledge that digital product purchases are final, non-cancellable, and non-refundable due to the nature of immediate access and delivery.

Fees for branding services, website development, and strategy consulting are provided during an initial consultation and/or outlined in a formal written proposal. By engaging our services, you agree to the fee structure presented to you—whether publicly listed or privately quoted—and accept the terms of payment outlined at the time of booking or in any related service agreement. All fees are subject to change without notice unless otherwise specified in a signed proposal or agreement.

For services requiring a custom proposal, the following deposit terms apply:

Branding services require a non-refundable 50% deposit to reserve your project and secure a place on our calendar. The remaining 50% is due prior to the delivery of final branding assets.

Custom website development requires a non-refundable 25% deposit to initiate the project. The remaining balance is due in milestone installments as outlined in the service agreement, with the final balance due prior to website launch and delivery.

All deposits are applied toward the total cost of the project and are governed by the terms set forth in the applicable service agreement. Failure to remit payment on time may result in delays, suspension of work, or cancellation of the project at the Company’s discretion.
15. REFUND POLICY

All sales are final. Due to the nature of our digital products and services, we do not offer refunds under any circumstance.

For digital products, including templates, downloadable files, or other instant-access materials, your purchase grants you immediate access. By completing your transaction, you expressly acknowledge that the product is deemed “delivered” at the time of purchase and waive any right to request a refund, including for reasons such as dissatisfaction, change of mind, or failure to use the product.

For services, including but not limited to branding, custom website development, and strategy consulting, all deposits and payments are non-refundable once submitted, regardless of project status or completion. This policy applies whether services are rendered in full or in part, or in the event that the client cancels, delays, or fails to complete the project.

No exceptions will be made.




16. PAYMENT POLICY

You agree and warrant that all payment methods, credit card details, billing addresses, and other information provided in connection with any paid product or service are accurate, current, and authorized for use. You represent that you have full authority to use the designated payment method and authorize Jennifer Taormina & Co. to charge such method for the full amount of your purchase or payment plan.

If you select a payment plan, you agree to be bound by the terms outlined in the applicable invoice, proposal, or service agreement. You hereby authorize the Company to charge your payment method for each installment on the dates set forth in your payment plan, without requiring separate authorization for each transaction. Failure to make timely payments may result in immediate suspension of access to services or deliverables.




17. RECURRING SUBSCRIPTIONS

If you enroll in a subscription or recurring billing program, you authorize the Company to store your payment method securely and automatically charge it at the beginning of each billing cycle, until you cancel.

It is your responsibility to manage your subscription and to cancel prior to the renewal date if you no longer wish to continue. To cancel, you must notify the Company in writing at admin@jennifertaorminaco.com at least ten (10) calendar days prior to the next renewal date.

Failure to cancel in accordance with this policy will result in charges for the upcoming billing cycle, which are non-refundable once processed.


18. LATE PAYMENTS

If any payment due to the Company is not received by the due date, you agree to pay interest on all past-due amounts at a rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is greater. Interest will accrue daily and be compounded monthly.

Continued failure to pay may result in the suspension or termination of your access to Services or the withholding of any work product or deliverables until full payment is received. You are responsible for any fees or costs incurred by the Company in the collection of overdue amounts, including legal fees, accounting fees and third-party collection services.
19. CHARGEBACKS

By accessing the Website and completing any purchase—whether for digital products, templates, downloadable resources, branding services, website development, or consulting—you expressly agree to these Terms, including our refund and payment policies.

You agree that you will not initiate a chargeback, payment dispute, or reversal with your financial institution without first contacting the Company at admin@jennifertaorminaco.com to resolve the matter in good faith. Any chargeback initiated without following this process will be deemed a material breach of this Agreement.

In the event you initiate a chargeback in violation of this provision:

Your access to all purchased products, services, deliverables, and support will be immediately revoked;

The Company reserves the right to dispute the chargeback and submit supporting evidence, including proof of purchase, your acceptance of these Terms, payment history, and digital delivery confirmation;

You may be held liable for any associated fees, damages, or administrative costs, including reasonable legal or collection expenses, incurred as a result of the chargeback.

The Company treats fraudulent chargebacks as theft and reserves the right to pursue civil remedies or report the conduct to law enforcement.
21. SOCIAL NETWORKING SERVICES

The Website may allow you to access or interact with the Services via third-party platforms, such as social networking sites (e.g., Facebook, Instagram, Pinterest, LinkedIn) or other integrations (“Social Networking Services”).

If you choose to connect with us through a Social Networking Service, you acknowledge and agree that any personal data you submit or that is made available to us via such platforms will be handled in accordance with our Privacy Policy. The use of your data by such third-party platforms is governed solely by their own privacy policies and terms. The Company disclaims all liability for any action, omission, or data use by these third parties.
22. MOBILE SERVICES

Certain aspects of the Website and Services may be accessible via mobile devices (“Mobile Services”). By accessing or using any Mobile Services, you acknowledge and agree that standard charges, data rates, or other fees from your wireless carrier may apply.

By using Mobile Services, you consent to receive communications from the Company via SMS, MMS, push notifications, or other electronic means, to the extent permitted by law. You acknowledge that not all Mobile Services may be available on all carriers or devices and that the Company shall not be liable for any issues arising from your use of such services.
23. USER CONDUCT AND CONTRIBUTIONS

These standards apply to all content, communications, and materials you upload, submit, post, display, or transmit on or through the Website or Services (“User Content”). You are solely responsible for your User Content and the consequences of posting or publishing it.

You agree not to post, upload, transmit, or otherwise make available any User Content that:

a. Infringes any patent, trademark, copyright, trade secret, or other intellectual or proprietary right of any person or entity;
b. Contains any virus, malicious code, or harmful component;
c. Is defamatory, obscene, indecent, pornographic, offensive, harassing, violent, hateful, or otherwise objectionable;
d. Causes unnecessary disruption, inconvenience, or alarm to others;
e. Solicits personal data from minors or encourages illegal activity;
f. Impersonates any person or entity or misrepresents your identity or affiliation;
g. Involves spam, phishing, pyramid schemes, chain letters, or other unsolicited promotional content;
h. Violates any applicable law or regulation.

The Company reserves the right, but not the obligation, to remove or restrict any User Content for any or no reason at its sole discretion, including content it deems in violation of these Terms or harmful to its business or reputation.

You grant the Company a perpetual, irrevocable, worldwide, royalty-free, sublicensable license to use, display, reproduce, modify, and distribute any User Content you provide in connection with its business operations. You represent and warrant that you own or control all rights in your User Content and have the right to grant this license.

You agree to indemnify and hold the Company harmless from any claims, damages, or losses arising out of or in connection with your User Content, including attorney’s fees and expenses.
24. WEBSITE MONITORING AND ENFORCEMENT

The Company reserves the right to:

Monitor, remove, or refuse to post any User Content for any or no reason in its sole discretion;

Disclose your identity to third parties who claim that content you post violates their rights, including intellectual property or privacy rights;

Take legal action, including referring matters to law enforcement, for any illegal or unauthorized use of the Website or violation of these Terms;

Suspend or terminate access to any user who breaches these Terms or whose conduct may harm the Website, the Services, or the Company’s reputation.

You agree that the Company is not liable for any monitoring or failure to monitor User Content, nor for the removal or failure to remove any such content.
25. TERMINATION

The Company reserves the right to suspend or terminate your access to the Website or Services at any time, without notice, and for any reason, including but not limited to a violation of these Terms of Use, suspected fraud or abuse, or conduct deemed harmful to the Company, other users, or third parties.

Upon termination, all provisions of these Terms that by their nature should survive termination shall survive, including without limitation, intellectual property provisions, warranty disclaimers, indemnity obligations, and limitations of liability.
27. GENERAL DISCLAIMER

To the fullest extent permitted by law, Jennifer Taormina & Co. (“Company”) expressly disclaims any and all liability for any direct, indirect, incidental, consequential, or special loss or damage incurred by you or any third party in connection with your use of, or reliance on, the Website or Services. This includes, but is not limited to: loss of revenue, loss of actual or anticipated profits, loss of business or contracts, loss of opportunity, loss of goodwill or reputation, business interruption, data loss or corruption, or other intangible losses, whether arising in tort (including negligence), contract, breach of statutory duty, or otherwise—even if foreseeable.

The Company makes no representations or warranties regarding the accuracy, reliability, timeliness, availability, or completeness of any content on the Website or provided through the Services. All content is provided on an “as is” and “as available” basis, without warranties of any kind—express or implied—including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, title, or non-infringement.

We do not guarantee that the Website, Services, or any digital products or downloads (including templates) will be error-free, uninterrupted, secure, or free of viruses or other harmful components. We are not responsible for any damage to your technology, systems, or data resulting from use of the Website or downloading any materials from it.

The Website and Services are provided for general informational and educational purposes only. Nothing on the Website should be construed as medical, legal, tax, accounting, or financial advice. If the Company or any representative appears to offer advice in a professional field, it is provided in a general, non-client capacity and should not be relied upon as a substitute for professional consultation.

You are solely responsible for your use of the Website, Services, and any decisions you make based on the information provided.
We make no guarantees, representations, or warranties that use of our templates, services, or resources will result in increased business, revenue, client acquisition, or any specific financial or marketing outcomes. Your success depends entirely on your own actions, implementation, and external market factors beyond our control.


28. WARRANTIES DISCLAIMER

Your use of the Website, its content, Services, and any products or materials obtained through the Website is entirely at your own risk. All elements of the Website—including but not limited to templates, downloadable resources, and Service deliverables—are provided on an “as is” and “as available” basis without warranties of any kind, either express or implied.

To the fullest extent permitted by law, the Company disclaims all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability,
• Fitness for a particular purpose,
• Title,
• Non-infringement,
• Accuracy, completeness, reliability, availability, or timeliness of content or materials.

We make no warranties that the Website or any Services will be uninterrupted, error-free, secure, or free of viruses or harmful components. The Company does not warrant that any files or content available for download will be free of viruses, malware, or other harmful code. You are solely responsible for implementing sufficient procedures and checkpoints to satisfy your requirements for anti-virus protection and data integrity.

No oral or written advice or information obtained from the Company, its team, affiliates, or through the Website shall create any warranty not expressly stated herein.

You are solely responsible for your use of the Website, Services, and any decisions you make based on the information provided.
We make no guarantees, representations, or warranties that use of our templates, services, or resources will result in increased business, revenue, client acquisition, or any specific financial or marketing outcomes. Your success depends entirely on your own actions, implementation, and external market factors beyond our control.


29. EARNINGS DISCLAIMER

From time to time, the Website and Services may feature testimonials, case studies, or references to business outcomes. You understand and agree that any such references are for illustrative purposes only and do not constitute a promise or guarantee of future results.

The Company makes no representations, warranties, or guarantees regarding:

• Increased business revenue,
• Client acquisition,
• Brand exposure,
• Lead generation,
• Marketing success,
• Or any other business or financial outcome.

Your individual results will vary based on a variety of factors, including but not limited to your industry, implementation efforts, pricing model, client demand, market conditions, and business practices.

You acknowledge that success in business is inherently risky and unpredictable and that your use of any template, digital product, or service from the Company does not create a warranty or guarantee of success. You assume full responsibility for your results, and the Company disclaims any liability arising from your reliance on information or materials obtained through the Website or Services.
30. THIRD PARTY DISCLAIMER

To the fullest extent permitted by law, Jennifer Taormina & Co. disclaims any and all liability for the conduct, content, or services of third parties that may be accessible via the Website.

We are not responsible for any defamatory, offensive, abusive, unlawful, or otherwise inappropriate conduct of any third party, including vendors, platforms, advertising affiliates, or website users. Additionally, we are not liable for any loss or damage caused by a distributed denial-of-service (DDoS) attack, malware, viruses, or other technologically harmful materials that may infect your devices, software, data, or other proprietary materials as a result of accessing or using the Website or any services or products obtained through it.

Where the Website includes links to other websites, content, or resources provided by third parties, these are provided for informational purposes only. Such links do not imply approval, endorsement, or responsibility for the content or services on those websites. You access third-party websites and services at your own risk. The Company shall not be held liable for any loss or damage resulting from your use of third-party content, tools, transactions, or websites.
31. TECHNOLOGY DISCLAIMER

Jennifer Taormina & Co. makes commercially reasonable efforts to maintain the availability, accuracy, and functionality of the Website and its Services. However, we do not guarantee that access to the Website or any part of the Services will be uninterrupted, error-free, or timely.

You acknowledge that the Website may be temporarily unavailable due to maintenance, technical issues, outages, or factors beyond our control. In the event of a technological failure, service disruption, or performance delay, we shall not be held liable for any resulting loss, inconvenience, or damage.

While we strive to update the Website and its content regularly, we make no representations or warranties that all content will be current, complete, or error-free at all times. You are responsible for verifying any information before relying on it, and any use of outdated or incorrect materials is done at your own risk.

The Company disclaims liability for any errors, omissions, inaccuracies, or technical malfunctions and shall not be held responsible for any adverse consequences resulting from your reliance on Website content or from technical issues affecting access to the Services.
32. ASSUMPTION OF RISK

By accessing or using the Website, its Services, or any related materials—whether paid or unpaid—you voluntarily assume all risks associated with such use. This includes, but is not limited to, reliance on any content, recommendations, templates, or educational resources provided by the Company. You acknowledge that the outcomes of using our Services or products are subject to numerous variables, and that the Company makes no representations or guarantees regarding the effectiveness or success of your implementation.

You accept full responsibility for your decisions, actions, and results, and agree that your use of the Website and any materials obtained through it is entirely at your own risk.
33. INDEMNITY AND RELEASE

To the fullest extent permitted by law, you agree to indemnify, defend, and hold harmless Jennifer Taormina & Co., its affiliates, contractors, employees, agents, licensors, and service providers from and against any and all third-party claims, demands, actions, damages, liabilities, judgments, losses, costs, and expenses (including attorneys’ fees and litigation costs) arising out of or related to:

• Your use or misuse of the Website, Services, or digital products;
• Any breach or alleged breach of these Terms of Use;
• Your violation of any law, regulation, or the rights of a third party (including intellectual property rights);
• Your User Content or any information you submit through the Website.

You agree that the Company assumes no responsibility for the content you submit or make available through the Website and Services.
34. LIMITATION ON LIABILITY

To the maximum extent permitted by law, you understand and agree that the Company shall not be liable for any direct, indirect, incidental, consequential, special, or punitive damages of any kind, including but not limited to:

Loss of revenue, profits, contracts, business, goodwill, reputation, or opportunity;

Business interruption or downtime;

Data loss or corruption;

Personal injury or emotional distress;

Damages resulting from delay, failure to perform, unauthorized access, viruses, or technical malfunctions.

These limitations apply regardless of the legal theory under which such liability is asserted—whether in contract, tort (including negligence), strict liability, or otherwise—and even if the Company was advised of the possibility of such damages.

Nothing in these Terms shall exclude or limit liability for death or personal injury resulting from gross negligence or willful misconduct where such liability cannot be excluded or limited under applicable law.
35. SEVERABILITY

If any provision of these Terms of Use is found by a court or other tribunal of competent jurisdiction to be unlawful, void, or unenforceable for any reason, such provision shall be severed from the remaining terms, which shall remain in full force and effect.
36. ENTIRE AGREEMENT

These Terms of Use, together with our Privacy Policy and any additional terms or agreements entered into at the time of a service purchase or product download, constitute the sole and entire agreement between you and Jennifer Taormina & Co. regarding the Website and Services.

They supersede all prior and contemporaneous understandings, agreements, representations, and warranties—both written and oral—regarding the subject matter hereof.
37. FORCE MAJEURE

The Company shall not be liable or deemed in breach of these Terms of Use for any failure or delay in performance resulting from causes beyond its reasonable control, including but not limited to: natural disasters, acts of God, fire, flood, epidemic, pandemic, governmental actions or orders, laws or regulations, wars, terrorism, civil unrest, labor shortages, internet or hosting outages, cyberattacks, or failure of third-party service providers or platforms (e.g., Showit, Stripe, HoneyBook, Flodesk, Calendly).

If such an event occurs, the Company shall be excused from performance for the duration of the event, and shall use commercially reasonable efforts to resume performance as soon as practicable.
38. CONTACT INFORMATION

This Website is operated by Jennifer Taormina & Co., located at 6341 Stewart Rd, Suite 150, Galveston, TX 77551.

All questions, feedback, support requests, legal notices, or other communications relating to the Website or these Terms of Use should be directed in writing to: admin@jennifertaorminaco.com
39. LIMITATION ON TIME TO FILE CLAIMS

To the maximum extent permitted by applicable law, any cause of action or claim you may have arising out of or related to these Terms of Use or the Website must be filed within one (1) year after the cause of action accrues.

Failure to do so will permanently bar the claim, regardless of any statute or law to the contrary.
40. GOVERNING LAW

If any part of this Terms & Conditions 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 & Conditions 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.

We may assign or delegate these Terms & Conditions  and/or our Privacy Policy, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms & Conditions or Privacy Policy without our prior written consent, and any unauthorized assignment or delegation by you is void.

YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND THE TERMS AND CONDITIONS, AND WILL BE BOUND BY THESE TERMS AND CONDITIONS. YOU FURTHER ACKNOWLEDGE THAT THESE TERMS OF SERVICE TOGETHER WITH THE TERMS OF USE, PRIVACY AND COOKIES POLICY, DISCLAIMER AT HTTPS://JENNIFERTAORMINA.COM REPRESENT THE COMPLETE AND EXCLUSIVE STATEMENT OF THE AGREEMENT BETWEEN US AND THAT IT SUPERSEDES ANY PROPOSAL OR PRIOR AGREEMENT ORAL OR WRITTEN, AND ANY OTHER COMMUNICATIONS BETWEEN US RELATING TO THE SUBJECT MATTER OF THIS AGREEMENT.
41. BINDING ARBITRATION, VENUE, AND CHOICE OF LAW

Any controversy or claim arising out of or relating to these Terms of Use, the breach thereof, or any aspect of your use of the Website or Services—including the applicability, enforceability, or scope of this arbitration clause—shall be resolved exclusively and finally by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules.

The arbitration shall take place in Austin, Texas, and Texas law shall govern all proceedings.

The arbitration shall be conducted by three (3) arbitrators, with each party bearing its own legal fees and share of the AAA administrative and arbitrator fees.

The award rendered by the arbitrator(s) shall be final, non-appealable, and may be entered in any court of competent jurisdiction.

Class Action Waiver: You expressly agree that any dispute resolution shall be conducted on an individual basis and you waive the right to participate in a class, collective, consolidated, or representative action. You further waive your right to a trial by jury.

Equitable Relief: Notwithstanding the above, the Company retains the right to seek injunctive or equitable relief in a court of competent jurisdiction for breaches relating to intellectual property or misuse of confidential information.
42. NO WAIVER; ATTORNEY’S FEES

No failure or delay by Jennifer Taormina & Co. in exercising any right, remedy, power, or privilege under these Terms of Use shall operate as a waiver thereof. Any waiver must be in writing and signed by an authorized representative of the Company. A waiver of any breach shall not be deemed a waiver of any subsequent breach.

To the fullest extent permitted by law, in the event the Company must initiate legal action or arbitration to enforce any part of these Terms of Use, including to collect unpaid fees, enforce intellectual property rights, or defend against chargebacks, you agree to reimburse the Company for all reasonable costs and expenses incurred, including but not limited to:

• Attorneys’ fees
• Arbitration or court costs
• Collection fees
• Expert witness fees
• Travel expenses
• And any other related legal expenses.

This obligation to pay the Company’s legal fees and expenses shall survive any termination or expiration of these Terms.