Terms & Conditions

BY VISITING JESSICAELEY.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.

OVERVIEW

By using jessicaeley.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms and Conditions. The terms “we”, “us”, and “our” refer to Jessica Eley.  Accessing this Site constitutes a use of the Site and an acceptance to the Terms provided herein.

By using the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.  We reserve the right to change these Terms and Conditions or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms and Conditions on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms and Conditions with the modifications.

SITE USE

Your use of the Site is intended for personal, noncommercial use only. By accessing or using the Site, you agree to comply with all applicable local laws. Except in instances where we have given you specific, express permission, you may not use, reproduce, distribute publicly, display publicly, perform, publish, transmit or create derivative works from, or otherwise unlawfully use any content on the Site.

Site Content and Disclaimer

Jessica Eley makes no representations or warranties that the information provided on this website, regardless of its source, (“content”), is accurate, complete, reliable, current, or error-free. Jessica Eley disclaims all liability for any inaccuracy, error or incompleteness in the content.

This website is an educational and informational resource to educate visitors on online business and marketing, and is not a substitute for working with an accountant, physician, attorney or other professional. We cannot guarantee the outcome of following the recommendations provided in any statements made on this Site regarding the potential outcome of any given situation.  The recommendations presented on this Site are expressions of our opinion only.

There are no guarantees made by us about the information and recommendations. By continuing to use this website you acknowledge that we have not made any guarantee or any particular result. Therefore, following any information or recommendations provided on this website should be relied upon at your own risk.

Use License

Permission is granted to temporarily download one copy of the materials on Jessica Eley’s web site for personal,
non-commercial transitory viewing only. This is the grant of a license, not a transfer of title, and under this license you may not:

  • modify or copy the materials;
  • use the materials for any commercial purpose, or for any public display (commercial or non-commercial);
  • remove any copyright or other proprietary notations from the materials; or
  • transfer the materials to another person or “mirror” the materials on any other server.

This license shall automatically terminate if you violate any of these restrictions and may be terminated by Jessica Eley at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE. ADDITIONALLY, JESSICA ELEY IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF JESSICA ELEY HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL JESSICA ELEY’S CUMULATIVE LIABILITY TO YOU EXCEED $100.

THIRD PARTY RESOURCES

The Site and the Service may contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Jessica Eley. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments and expenses, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Wisconsin as applied to contracts that are executed and performed entirely in Wisconsin. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Madison, Wisconsin. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

ASSIGNMENT

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.

ENTIRE AGREEMENT; WAIVER; HEADINGS

This Agreement constitutes the entire agreement between you and Jessica Eley pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Jessica Eley shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Jessica Eley. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

ONLINE COMMERCE AND REFUND POLICY

Certain sections of the Website or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction 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, the merchant, and our payment processing company.

Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, 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.

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 Site or its 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 its terms and conditions that may apply, visit that merchant’s Website and click on its information links 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 Website or its Content.

You acknowledge that the refund policy for any products, services, or programs from Jessica Eley, LLC are as follows, unless otherwise stated within a service contract or sales page:

  • Refunds must be requested via email (to hello@jessicaeley.com)
  • Refunds are available within 15 days of purchase
  • We recommend requesting assistance via email (to hello@jessicaeley.com) if you experience any issues receiving or downloading our products.

DISCLAIMERS

This website/blog/email series is an educational and informational resource. It is not a substitute for working with a licensed therapist or counselor. We cannot guarantee the outcome of following the recommendations provided and our statements about the potential outcome are expressions of opinion only. We make no guarantees about the information and recommendations provided herein. By continuing to use/read/participate in this website/blog/email series you acknowledge that we cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within my control. Therefore, following any information or recommendations provided on this website/blog/email series are at your own risk. If you need psychiatric advice, you should hire a licensed psychotherapist.

By participating in/reading my coaching service/website/blog/email series, you acknowledge that I am not a licensed psychologist or health care professional and my services do not replace the care of psychologists or other healthcare professionals. Coaching is in no way to be construed or substituted as psychological counseling or any other type of therapy or medical advice. I will at all times exercise my best professional efforts, skills and care. However, I cannot guarantee the outcome of coaching efforts and/or recommendations on my website/blog/email series and my comments about the outcome are expressions of opinion only. I cannot make any guarantees other than to deliver the coaching services purchased as described.

Business Advice

The information provided on this website is intended to be an educational and informational resource for business owners.   The information provided is not intended to be a substitute for working with a business consultant or other qualified professional.  There are no guarantees made by Jessica Eley for following any of the advice or recommendations regarding the potential outcome or following certain recommendations.  The recommendations, opinions, statements made by Jessica Eley given are general in nature and are expressions of Jessica Eley’s opinion only.

Your continued use of this Site is your express acknowledgment that Jessica Eley has not guaranteed any particular results and that any references to, or testimonials provided by other individuals should not be construed as an indication of guaranteed results for your particular business.

Affiliate Links

Some of the links contained in this article/website/newsletter are affiliate links. This means that I may receive a commission if you click on the link and make a purchase from the affiliate. I only recommend products and services that I know or trust to be of high quality, whether an affiliate relationship is in place or not.

Product Descriptions

I aim to describe and display my products as accurately as possible. However, I cannot guarantee that the grammar or context will be completely accurate. Likewise, I cannot guarantee their uses for your particular circumstances and purposes. Please do not accept that the product descriptions contained on this website/blog/newsletter are entirely accurate, current, or error-free. Occasionally, I may correct errors in pricing and descriptions.

Updated: March 2017