Our Programs, Products, and Services are owned and operated by JC Wellness LLC which is a hospitality + wellness consulting business (“Company”, “we”, or “us”). The term “you” refers to any purchaser and/or user of any of our Programs, Products and/or Services.
“Programs, Products and Services” are defined as any paid program or service, group course or program, e-course, downloadable information product, e-book or other service or course where we provide content for educational and informational purposes that is not permitted to be used in your own business for commercial use or in a way that earns you money. Programs, Products, and Services may be delivered in ways including but not limited to in-person, phone, Skype, webinars, teleseminars, videos, audios, books, e-books, products, social media, blog articles, or otherwise in a variety of settings such as individual coaching sessions, group programs, classes, workshops, events, retreats, seminars, consultations, or trainings.
“Content” is defined as any video, audio, printed or written text, online or printed documents, or other materials created by us that are provided to you strictly in preparation for our work together to develop personalized cooking and food plans, meditations, yoga sequences, journal prompts and questions, recipes or herbal receommendations and protocols, or for your educational and informational purposes or through our “Programs, Products and Services.”
“Services” are a specific type of “Programs, Products, and Services” that include services where we advise you about cooking, baking, food preparation, food science, herbal supplements, exercise, addiction, spiritual practices, body image, and may include appointments and/or Coaching sessions or other communication.
As part of the Program, the Company shall provide the following to Client: From time to time, the Company will offer access to Password Protected Program Area: The Company shall maintain a Program Area that will include video, audio and written lessons, templates, worksheets, checklists, slide decks and other training and support information. You shall have access to this Program Area for as long as the Program Area exists, however no less than 60 days. In the event that Company intends to close the Program Area, it shall provide clients with a 30 day notice and the ability to download the core resources contained in the Program Area. From time to time, the Company will offer bonuses to individuals who sign up for the Program. You shall be entitled to any bonuses offered to you at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the program and they vary depending on specific live and automated promotions throughout the year.
Use and Consent
Intellectual Property Rights
Our Limited License to You. Our Programs, Products, Services, and Content are our property, and are protected by copyright, trademark, and other intellectual property laws.
If you purchase or access any of our Content through our Programs, Products or Services, you will be considered our Licensee. For the avoidance of doubt, all content obtained through us is solely our property, and you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only. This means that you may not use our Programs, Products or Services or the Content in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us.
You are permitted to use our Programs, Products, Services and Content as follows:
You may download and/or print Program Materials for your own personal use. However, you are not permitted to share, sell, reprint or republish any other of our Content, including handouts, for resale or mass reproduction purposes for your own business or commercial use or in any way to make you money unless we have given you express written permission.
Information You Are Prohibited from Sharing with Others. As a Licensee, you understand and acknowledge that our Programs, Products and Services, and Content have been created, developed or obtained by us through the investment of significant time, effort and expense, and that this information is a valuable, special and unique asset of ours which needs to be protected from improper and/or unauthorized use.
When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
· You will not copy, share or steal our Programs, Products, Services, or Content, or any parts of them.
· You will not engage in the improper and/or unauthorized use of our Programs, Products, Services and Content. Improper and unauthorized use includes but is not limited to modifying, copying, reproducing, republishing, uploading, posting, transmitting, translating, selling, creating derivative works, exploiting, or distributing in any manner or medium (including by email or other electronic means) any Content or any other information accessed or purchased through our Programs, Products or Services, with the exception of your Strategy, for your own business or commercial use or in any way that earns you money.
· You will not violate our intellectual property rights, including copyright and trademark rights. Downloading, printing, or otherwise using our Programs, Products, Services or Content for your own training purposes in no way gives you any copyright, trademark, intellectual property or ownership rights of our Program, Product, Service or Content.
· You will not reprint or republish any part of our Programs, Products, Services or Content for publication or compilation into your own products, programs, services or program materials for your own personal, business or commercial use or in any way that earns you money.
· You will not use our Programs, Products, Services or Content in a manner that constitutes an infringement of our rights or in a manner that has not been authorized by us by our prior written consent.
We reserve the right to use any Content or Program that we created or co-created with and/or for you, in full or in part, in our current or future Programs, Products, Services, or Program Materials. In addition, when you submit to us or post any comment, photo, image, video or any other submission for use on or through our Programs, products, Services, Program Materials, or Content, you are granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Website, Programs, Products, Services and/or Program Materials. This right includes granting us use or exploitation of proprietary rights or intellectual property rights like copyright, trademark, service mark, trade secrets, patent rights or any other of your intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also grant us, and anyone authorized by us, the right to identify you as the author of any comments, posts, photos, images, videos or other contributions by name or screen name. You acknowledge that we have the right but not the obligation to use and display any contributions from you of any kind and that we may elect to cease the use and display of any such contributions in our Programs, Products, Services and/or Program Materials at any time for any reason whatsoever.
By participating in our Programs, Products and Services, and using our Content, including on social media, you consent to photographs, videos, audio recordings, transcripts, or written or printed text that may contain you, your voice and/or your likeness, and we reserve the right to use them in our sole discretion in our current or future Program, Product, Services, or Content and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Request for Permission to Use Content .
Any request for written permission to use our Programs, Products, Services or Content, in whole or in part, or any other intellectual property or property belonging to us should be made in advance BEFORE you wish to use it by contacting us.
If you are granted permission by us, you agree to use the specific content that we allow and ONLY in the ways for which we have given you our written permission.
If you choose to use the content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such content from us, and you consent to immediately stop using such content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Programs, Products, Services or Content.
When you apply for, enroll in, purchase or use our Programs, Products, Services, or Content, we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. When you submit Confidential Information via our Program, Product, Service, Content, we take precautions to protect the security of your Confidential Information both online and offline.
We have reasonable security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore, submitting Confidential Information, data or other information to us is done at your own risk. Submitting contributions or information on our through our Programs, Products, Services, or Content is done entirely at your own risk.
We make no assurances about our ability to prevent any such loss or damage to you or to any other person, company or entity arising out of use of our Programs, Products, Services, or Content and you agree that you are assuming such risks.
Personal Responsibility and Assumption of Risk .
You agree that you are using your own judgment in using our Programs, Products, Services, or Content, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to our Programs, Products, Services, and Content. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of our Programs, Products, Services, and Content.
To the fullest extent permitted by applicable law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Programs, Products, Services, and/or Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product, Service or Content participant or user, including you.
Medical Disclaimer. Our Programs, Products, Services, and/or Content are not to be perceived as or relied upon in any way as medical advice or mental health advice. Do not disregard professional medical advice or delay seeking professional advice because of information you have read in our Programs, Products, Services, and Content, or received from us. Do not stop taking any medications without speaking to your physician, nurse practitioner, physician assistant, mental health provider or other health care professional. If you have or suspect that you have a medical or mental health issue, contact your own health care provider promptly. We are not providing health care or medical services or attempting to diagnose, treat, prevent or cure in any manner whatsoever any physical ailment, or any mental or emotional issue, disease or condition. We are not giving medical, psychological, or religious advice whatsoever.
Legal and Financial Disclaimer.
Our Programs, Products, Services, and Content are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our Programs, Products, Services, and Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, 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 Programs, Products, Services, and Content. You are solely responsible for your results.
Warranties Disclaimer. We make no warranties as to our programs, products, services or content. You agree that programs, products, services, and content are provided “as is” and without warranties of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that the programs, products, services, or content will be functional, uninterrupted, correct, complete, appropriate, or error-free, that defects will be corrected, or that any part of the website, content are free of viruses or other harmful components. We do not warrant or make any representations regarding the use or the results of the use of our program, product or services, or content or on third-party websites in terms of their correctness, accuracy, timeliness, reliability or otherwise.
We try to ensure that the availability and delivery of our Programs, Products, Services and Content is uninterrupted and error-free, including our content and communications through methods like our Website, member forum, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, teleseminars, recorded teleseminars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts/slides, handouts, ebooks, or any other materials provided by us to you. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs, Products, Services, and Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our Programs, Products, Services, and Content inaccessible to you.
Errors and Omissions.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs, Products, Services, and Content. Every effort has been made to present you with the most accurate, up-to-date information, but we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites.
We may provide links and pointers to other websites maintained by third parties that may take you outside of our Programs, Products, Services, and Content. These links are provided for your convenience and the inclusion of any link in our Programs, Products, Services, and Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, or statements provided by external resources, or their accuracy or reliability. We assume no responsibility for errors or omissions caused by other websites that may be included our Programs, Products, Services, and Content. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them and therefore we do not guarantee the accuracy, completeness, or usefulness of any other website or their content. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Indemnification, Limitation of Liability and Release of Claims
Limitation of Liability. We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs, Products, Services, and Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, Products, Services, and Content, or in any way. In the event that you use our Programs, Products, Services, and Content or any other information provided by us or affiliated with us, to the extent that is legally permissible under applicable law, we assume no responsibility.
Release of Claims. In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, Products, Services, and Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties, to the fullest extent allowable by law.
You are agreeing that you will not use our Programs, Products, Services and Content in any way that causes or is likely to cause the Programs, Products, Services, and Content or access to them either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to us.
You must use the Programs, Products, Services and Content for lawful purposes only. You agree that you will not use our Programs, Products, Services, and Content in any of the following ways:
· For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
· To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
· To send, negatively impact, or infect our Programs, Products, Services, and Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether or not intended
· To cause annoyance, inconvenience or needless anxiety
· To impersonate any third party or otherwise mislead as to the origin of your contributions
If you have a question or concern about your Programs, Products, Services or Content, you may contact us and we will do our best to reply to your question or concern promptly.
Purchases and Online Commerce If paying by PayPal, debit card, or credit card, you give us permission to automatically charge your credit or debit card as payment for your Programs, Products, Services, and Content without any additional authorization, for which you will receive an electronic receipt. Should you be provided with a PayPal invoice, you are required to manually pay it by the date due on the invoice or your Programs, Products, Services, and Content will be put on hold until payment is made.
In the event that payment is not received by the date due, you will have a three (3) day grace period to make the payment otherwise the Programs, Products, Services, and Content will not continue, and we reserve the right to cease your access to them immediately and permanently.
All information obtained during your purchase or transaction for our Programs, Products, Services, and Content and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us and our payment processing company.
You agree to only purchase our Programs, Products and Services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to use our Programs, Products, Services and Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
In the event that a chargeback, reversal of payment, or payment cancellation is initiated by you or we receive a chargeback threat, we reserve the right to report the incident to all three credit reporting agencies, or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, payment date, payment amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
We also reserve our right to seek payment from you for any delinquent payment that is not provided by or upon the date due by enlisting the help of a collections agency, and we may exercise our right to report your delinquent payment to all three credit reporting agencies, either directly or through the help of a collections agency.
If you make a purchase from one of our affiliates, or any other individual or company through a link provided on or through our Programs, Products, Services, or Content (“Merchant”), all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your credit card number and contact information, may be collected by the Merchant and their payment processing company as well. Your participation, correspondence or business dealings with any affiliate, individual or company on or through our Programs, Products, Services and Content, and all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the Merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and Merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Programs, Products, Services and Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and any terms and conditions that may apply, visit that merchant’s Website or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Programs, Products, Services, and Content.
Rescheduling or Cancelling Appointments
If you have booked a consultation appointment or coaching session or other meeting with us (“Appointment”) and you need to reschedule or cancel, you must contact us at least 24 hours in advance so we may select an alternative mutually-agreeable time for your make-up session. However, for Appointments that you attempt to reschedule or cancel less than 24 hours in advance of the scheduled time, you forfeit the Appointment and you will not have the opportunity to reschedule it or make it up.
Should you miss your scheduled Appointment without providing at least 24 hours advance notice, you forfeit it. Because we have made time available in the schedule, it affects how many other clients may be served, and for that reason, we do not offer make-up sessions for “no-shows” or missed Appointments.
Your satisfaction with your Programs, Products, Services, and Content is important to us. Yet, because of the extensive time, effort, preparation and care that goes into creating and/or providing our Programs, Products, Services, and Content, we have a no refund policy. Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for any of our Programs, Products, Services, and Content, and no refunds will be provided to you at any time. By using and/or purchasing any of our Programs, Products, Services, and Content, you understand and agree that all sales are final, and no refunds will be provided.
No Guarantees You agree that all consulting services are based on payment for time, and not by project length or project satisfaction. While we attempt to deliver an outcome that meets your goals and objectives that we both have agreed upon at the outset of our work together, there are no guarantees as to your satisfaction, or any other anticipated result. We also do not imply, state or guarantee any weight loss, blood work changes or overall nutritional changes you might expect to receive through using our Services. The amount of the fees for revisions may vary based upon our sole discretion and judgment.
You have the right to terminate your use of or participation in our Programs, Products or Services, and Program Materials at any time by contacting us in writing or email correspondence.
We reserve the right in our sole discretion to refuse or terminate your access to our Programs, Products, Services, or Content, in full or in part, at any time, without notice, by sending you an e-mail to the e-mail address you provided to us during registration or enrollment.
In the event of cancellation or termination by either of us, you will have 24 hours to pay any and all remaining payments or balances that are owed to us.
Upon termination by either of us, we reserve the right to immediately refuse or terminate your access to any aspect of our Programs, Products, Services and/or our Content, including but not limited to our Website, private forum, e-mail communications, Facebook groups, live webinars or conference calls, or any other method of communications related to our Programs, Products, Services, and Content at any time without notice and in our sole discretion.
The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
It is hoped that should we ever have any differences, we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must contact us in writing and include all of your reasons for dissatisfaction with your Program, Products, Services, or Content. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No other actions or financial awards of consequential damages, or any other type of damages, may be granted to you. We both agree now that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction.
EACH OF THE PARTIES HERETO HEREBY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THIS AGREEMENT OR THE TRANSACTIONS CONTEMPLATED HEREBY.
By purchasing our Programs, Products, Services, or Content you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within one (1) year of the date of your e-mail referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action.
You also agree that should arbitration take place, it will be held in Knox County in the State of Maine where my business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, including on social media, designed to disparage us, our Company, or any of our Programs, Products, Services, or Content. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.