TERMS & CONDITIONS OF USE

Last modified: November 30, 2021

 

Welcome to Jennifer Pastiloff.com and all associated entities and courses. (JPLLC for remainder of this posted document). JPLLC provides its services to you subject to the following terms and conditions. You affirm that you are at least eighteen (18) years of age (or the age of legal majority in your country or region) and are fully able and competent to enter into this agreement and conditions, obligations, affirmations, representations, and warranties set forth in this agreement, and to abide by and comply with this agreement.

 

INTELLECTUAL PROPERTY

You agree that the Website and all Services provided by the Company are the property of the Company, including all copyrights, trademarks, trade secrets, patents, and other intellectual property ("Company IP"). You agree that the Company owns all right, title and interest in and to the Company IP and that You will not use the Company IP for any unlawful or infringing purpose. You agree not to reproduce or distribute the Company IP in any way, including electronically or via registration of any new trademarks, trade names, service marks or Uniform Resource Locators (URLs), without express written permission from the Company.

ACCEPTABLE USE

You agree not to use this site or any JPLLC services or courses for any unlawful purpose or any purpose prohibited under this clause or in any way that could damage the Website, Services, or general business of the Company. This includes harassment or any violation of any person’s legal rights, to violate any intellectual property rights, to perpetrate fraud, to publish any discriminatory, obscene or otherwise negative material or to unlawfully gather any information about any other person. 

ELECTRONIC COMMUNICATIONS

When you visit JPLLC or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on this site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

SUBMITTED WORK/COMMUNITY PARTICIPATION 

At times, the community may be asked or invited to share on our site or affiliate sites. Posting or submitting any material on or through our either this site or related sites such as comments, posts, photos, images or videos or other contributions, you are representing that you are the legal owner and creator owner of all such materials and you are at least 18 years old. All community and forum submissions, including photos, comments, grant JPLLC and affiliates 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 works. This right includes granting us proprietary rights or 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 of your comments, posts, photos, images, videos or other contributions by name, email address, or screen name. Submission is acknowledgement that we have the right but not the obligation to use any community contributions at our sole discretion. 

COPYRIGHT

All content included on this site, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of Jennifer Pastiloff LLC, and is protected by all United States and international copyright laws. 

JPLLC and other website graphics, logos, page headers are trademarks, registered trademarks and may not be used in connection with any product or service that is not JPLLC’s  in any manner. All other trademarks not owned by JPLLC or its affiliates that appear on this site are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by JPLLC or its affiliates.

LICENSE AND SITE ACCESS

JPLLC grants you a limited access to make personal use of this site and not to download (other than page caching) or modify it, or any portion of it, except with express written consent of JPLLC. This license does not include any resale or commercial use of this site or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of this site or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools. This site or any portion of this site may not be reproduced, duplicated, copied, sold, resold, visited, or otherwise exploited for any commercial purpose without express written consent of JPLLC. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary of JPLLC and our affiliates without express written consent. You may not use any meta tags or any other “hidden text” utilizing JPLLC’s name or trademarks without the express written consent of JPLLC. Any unauthorized use terminates the permission or license granted by JPLLC. You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of JPLLC so long as the link does not portray JPLLC, its affiliates, or their products or services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any JPLLC logo or other proprietary graphic or trademark as part of the link without express written permission.
Written permission for use of any proprietary or trademarked work can be requested via [email protected]. 

NO MEDICAL ADVICE

The contents of JPLLC, such as video, blogs, articles, text, graphics, images, information obtained from JPLLC’s licensors, and other material contained on JPLLC (“Content”) are for informational and entertainment purposes only. The Content is not intended to be a substitute for professional, medical, health, nutritional or fitness advice, diagnosis, therapy or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have prior to starting any new diet, therapeutic, exercise or to answer any question you may have regarding medical condition(s). 

If you think you may have a medical emergency, call your doctor or 911 immediately. JPLLC does not recommend or endorse any specific tests, physicians, products, procedures, opinions, or other information that may be mentioned on JPLLC. Reliance on any information provided by JPLLC, JPLLC staff or team, others appearing on JPLLC at the invitation of JPLLC, or other visitors to JPLLC is solely at your own discretion and risk. 

CHILDREN’S PRIVACY

We are committed to protecting the privacy of children. JPLLC is not intended for users under the age of 13, and we do not knowingly collect personally identifiable information from users under the age of 13. 

REFUNDS FOR RETREATS AND PROGRAMS

Fees for retreats and programs are refundable up to 45 days prior to the first day of the retreat or program, with the exception of the non-refundable fees specified at the point of purchase, usually $500 paid as deposit for in-person retreats. One-on-one coaching and virtual retreat fees are non-refundable. In certain circumstances, entirely at the sole discretion of JPLLC management, rescheduling or allowing a participant to reschedule their retreat or coaching will be permitted. All inquiries regarding post-payment rescheduling can be directed to [email protected]. 

REFUNDS FOR WORKSHOPS

You may request a refund no later than 24 hours prior to the workshop start date. No refunds will be granted after this time as the live workshop access link will be shared. Even if you are unable to attend the workshop live, you will receive access to the recording within 24 hours after the workshop has ended, which you will have access to indefinitely. If you purchased a workshop package with access to several workshops, we are unable to grant partial refunds. If you meet this criteria and would like to request a refund, you must fill out this form.

ONLINE COURSES TERMS AND CONDITIONS

By purchasing the Shameloss course or any other online course, you acknowledge and agree to the following terms and conditions of purchase. Your credit card or vending platform(i.e. PayPal or Venmo) will be charged at the time of purchase in United States dollars. We reserve the right to change prices per class at our sole discretion. All proprietary sales information, such as credit card numbers, will be handled as carefully as possible by merchant sales processes and platforms. JPLLC is not liable for the level or management of that encryption. We will do out best to make sure that all platforms and course are in good working order and will not be liable for any misfunction or any site or affiliate. We reserve the right to alter, change or remove any course without notice and without liability thereof. While the course framework may be presented as coaching, there is no confidential, binding or personal relationship between purchaser and Jennifer Pastiloff LLC or any person or party affiliated with same. 

REFUNDS FOR SHAMELOSS/ONLINE COURSES

Upon completion of purchase of an online course, you may request a full refund within ten days of purchase, refunds will be granted using the same method of payment as the purchase. If you are unable to provide details of your purchase, our team will need to be able to find a record of your purchase to refund you. If we are unable to find such a record, no refund will be offered. Any refund may take up to two weeks to be refunded to your payment method. Any questions or concerns about refunds can be addressed to [email protected]. 

COPYRIGHT COMPLAINTS

JPLLC and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please contact us immediately so that we may work with you to resolve the situation.

MUSIC LISCENSING

Music used in videos has been paid for in accordance with international copyright law. 

DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

This site is provided by JPLLC on an “as is” and “as available” basis. JPLLC makes no representations or warranties of any kid, either expressly or implied, as to the operation of this site or the information, content, materials or products included on this site. Your use of the site is at your sole risk. To the full extent of applicable law, JPLLC cannot and does not warrant that this site, servers or email are virus free and will not be held liable for any damage arising from use of this site, including but not limited to direct or indirect consequence or damage. JPLLC  does not offer warranty on any services or content, and using the site means you are solely responsible for any damage or loss that occurs related to use of jenniferpastiloff.com or any material or information found within. The site and content are not to ever be seen as a substitute for professional services or advice. 

INDEMNIFICATION

You agree to indemnify, defend and hold harmless JPLLC, its parents, affiliates, employees, agents, third party information providers, service providers, licensors or the like and their respective officers, directors, employees, agents, licensors, representatives, and third-party providers to JPLLC from and against all losses, injuries, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms and Conditions by you. JPLLC reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with JPLLC in asserting any available defenses.

NO ENDORSEMENTS

JPLLC does not represent or warrant the truthfulness, accuracy or reliability of any material posted by others on or through the website, nor does JPLLC endorse any opinions expressed by participants in forums or users of the website. Visitors, users, and participants alike acknowledge that any reliance on material posted by others will be at their own risk. Any content placed on any discussion area (including across social media platforms) are the views of the user posting the statement, and do not represent the views of JPLLC.

EXTERNAL LINKS DISCLAIMER

JPLLC content occasionally contains links to external, third party websites. By providing links to other sites, JPLLC does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to JPLLC.

JPLLC does not operate or control and has no responsibility for the information, products and/or services found on any external sites. Nor do such links represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.

Visitors to JPLLC assume complete responsibility and risk in their use of any external sites. Visitors should direct any concerns regarding any external link to its site administrator or webmaster.

ONLINE SALES AND COMMERCE

Certain sections of our site may allow you to make purchases from us or from other merchants. All information obtained during any 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. Any participation, purchase or dealings with any affiliate, individual or company found on or through our site, including 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 JPLLC 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 those of JPLLC. We have no responsibility or liability for these independent policies of the payment processing companies and any merchant entities. You may be subject to the additional payment processing terms. For information on any non-JPLLC purchase, please visit that merchant’s Website and click on its information links or contact the Merchant directly. JPLLC and all affiliates are released from any possible merchant related damages that you incur. Your use of this site is an agreement not to assert any claims arising from any purchase through or due to JPLLC site and content. 

LIMITATION OF LIABILITY
JPLLC will not be held responsible or liable in any way for the information, products or materials requested or received through or on our site or content, not will we 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 site or its content in any place and in perpetuity

RELEASE OF CLAIMS 
In no event will JPLLC be liable to any person or party for any kind of damages for use of or reliance on this site and its content or on those guest contributors affiliated with us in any way. By using the site, 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.

APPLICABLE LAW

By visiting JPLLC, you agree that the laws of the United States of America will govern these Conditions of Use and any dispute of any sort that might arise between you and JPLLC or any affiliates.

DISPUTES

Any dispute, claim or controversy arising out of or relating to this Agreement of Terms & Conditions or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by confidential arbitration in the state of California, USA. Since a public hearing or arbitration arising hereunder might cause disclosure of confidential information contrary to the intent of the parties, the parties hereby stipulate that, in the event there is litigation or arbitration arising out of this Agreement, all Proprietary Information or other confidential information, including the terms and conditions of this Agreement, shall be filed under seal and the court or the arbitrator(s) may issue a protective order restricting the disclosure and limiting the use of such information to any such proceedings.

SITE POLICIES, MODIFICATION, AND SEVERABILITY

Please review our other policies posted on this site. These policies also govern your visit to JPLLC. We reserve the right to make changes to our site, policies, and these Conditions of Use at any time. Your continued use of the site will be deemed as irrevocable acceptable of any revisions. If any of these conditions shall be deemed invalid, void, or for any reason unenforceable, that condition shall be deemed severable and shall not affect the validity and enforceability of any remaining condition.

TERMINATION

We reserve the right in our sole discretion to refuse or terminate your access to the Website and its Content, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to the Website and its Content will still apply now and in the future, even after termination by you or us.

HOW TO CONTACT JPLLC

Please email [email protected] with any questions or concerns regarding privacy or any policy contained herein.

© 2021 Jennifer Pastiloff LLC  All Rights Reserved.