Jessica Binder, LLC, Terms and Conditions of Use

Updated: December 12, 2018 

 

OVERVIEW

 

This website, www.jesbinder.com (hereinafter referred to as “website”), is owned by Jessica Binder, LLC, a Nebraska limited liability company,  and operated by Jessica Binder. Throughout the site, the terms “we”, “us,” and “our” refer to Jessica Binder, LLC. This website and its related offers visitors healthy habit change coaching services. By accessing or using the website or our services, you approve that you have read, understood, and agree to be bound by these Terms. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services.

 

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

 

Any new features or tools which are added to the current store shall also be subject to the most current Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

 

SECTION 1 - INTELLECTUAL PROPERTY RIGHTS 

 

Other than content you own, which you may have opted to include on this Website as a public forum and/or under these Terms, Jessica Binder, LLC, and/or its licensors own all rights to the intellectual property and material contained in this Website, and all such rights are reserved. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof. 

 

You recognize and agree that by uploading any content (including, but not limited to designs, images, animations, videos, audio files, fonts, logos, illustrations, compositions, artworks, interfaces, text, and literary works) through any means to the website, you confirm that you own all the relevant rights or received the appropriate license to upload/transfer/send the content. You agree and consent that the uploaded/transferred content may be publicly displayed on the website. 

 

SECTION 2 - ELECTRONIC COMMUNICATIONS 

 

When you visit www.jesbinder.com, comment, sign up for notifications, order, 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. You may opt out of electronic communications by unsubscribing by either emailing jes@jesbinder.com or clicking the unsubscribe button at the end of the email newsletter. 

 

SECTION 3 - 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 Jessica Binder, LLC, or its content suppliers and is protected by international copyright laws.

 

SECTION 4 - PARENTAL OR GUARDIAN PERMISSION

 

This is a website containing health and wellness information, documentation, and photographs. As such, we recommend minors obtain their parent/guardian’s permission before accessing or using this website and any information associated. You are not allowed to use this website and/or receive services if doing so is prohibited in your country or under any law or regulation applicable to you. 

 

SECTION 5 - ONLINE STORE TERMS

 

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

 

You must not transmit any worms or viruses or any code of a destructive nature.

 

A breach or violation of any of the Terms will result in an immediate termination of your Services. An email will be sent to you, within 48 business hours, explaining the breach or violation.

 

SECTION 6 - GENERAL CONDITIONS

 

You understand that your content (not including credit card information), may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Credit card information is always encrypted during transfer over networks. Jessica Binder, LLC, does not store your credit card information. Stripe and PayPal store your credit card and personal information for purchase reasons. Please see Privacy Policy for more information on what information they store. 

 

You agree not to reproduce, duplicate, copy, sell, resell, or exploit any portion of the Service, use of the Service, or access to the Service or any contact on the website through which the service is provided, without express written permission by us.

 

The headings used in this agreement are included for convenience only and will not limit or otherwise affect these Terms.

 

We reserve the right to refuse service to anyone for any reason at any time.

 

 

SECTION 7 - ACCURACY, COMPLETENESS, AND TIMELINESS OF INFORMATION

 

We are not responsible if information made available on this site is not accurate, complete, or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

 

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

 

 

SECTION 8 - PRODUCTS AND SERVICES 

 

When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it; (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item and you complete the check-out payment process. 

 

The prices we charge for the use of services/products are listed on the website. We reserve the right to change our prices for products displayed at any time, and to correct pricing errors that may inadvertently occur. 

 

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time. We reserve the right to limit the quantities of any products or services that we offer.

 

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

 

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that your transactions can be automatically completed each week/month/year, and so we can contact you as needed.

 

 

SECTION 9 - OPTIONAL TOOLS

 

We may provide you with access to third-party tools (i.e. personal training apps) over which we neither monitor nor have any control nor input.

 

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations, or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

 

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

 

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

 

 

SECTION 10 - THIRD-PARTY LINKS

 

Certain content, products, and services available via our Service may include materials from third-parties.

 

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

 

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party's policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

 

 

SECTION 11 - USER COMMENTS, FEEDBACK, AND OTHER SUBMISSIONS

 

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, 'comments'), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate, and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

 

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene, or otherwise objectionable or violates any party’s intellectual property or these Terms.

 

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality, or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive, or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or by any third-party.

 

 

SECTION 12 - PERSONAL INFORMATION

 

Your submission of personal information through the website and/or store is governed by our Privacy Policy. Please view our Privacy Policy for further information.

 

SECTION 13 - HEALTH DISCLAIMER 

 

The Service provides healthy habit change management, information, and content published over the Internet and is intended only to assist users in their personal habit change efforts. Jessica Binder, LLC, is not a medical organization and our staff cannot give you medical advice or diagnosis. Nothing contained in the Service should be construed as such advice or diagnosis. The information and reports generated by us should not be interpreted as a substitute for physician consultation, evaluation, or treatment. 

 

You are urged and advised to seek the advice of a physician before beginning any weight loss effort or exercise regimen. All individuals, regardless of condition, should seek professional medical advice and clearance prior to initiating any form of weight loss effort or exercise regimen. There are inherent risks associated with exercise and fitness programs, and individuals engage in these activities at their own risks. 

 

All information is intended for your general knowledge only and is not a substitute for medical advice or treatment for specific medical conditions. This information on the Service has not been evaluated by the FDA and is not intended to treat, diagnose, cure, or prevent any disease. We cannot and do not give you medical or nursing advice. You should seek prompt medical care for any specific health issues and consult your physician before purchasing any product. We do not recommend the self-management of health problems. Information obtained by using our programs or services is not exhaustive and does not confer all disease, ailments, physical conditions or their treatment. 

 

If you are being treated for an illness, taking prescription medication, or following a therapeutic diet to treat disease, it is especially important to show the outline of our programs to your physician. Any modifications made to the programs by your physician should be followed. 

 

The programs are designed for safe healthy habit formation. The Service will not include medical-approved meal plans, diet prescription, exercise prescription or supplementation recommendation. The Services will not infringe on the scope of practice of nurses, physical therapists, physicians, registered dietitians, medical nutrition therapists, psychotherapists, mental health therapists, counselors, substance abuse professionals or the like. No nursing advice, assessment or interventions will be administered in the Services.

 

 

SECTION 14 - PROMOTIONAL EMAILS AND CONTENT 

 

You agree to receive from time to time promotional messages and materials from us, by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages.) If you don’t want to receive such promotional materials or notices - please just notify us at any time at jes@jesbinder.com.  

  

 

SECTION 15 - ERRORS, INACCURACIES, AND OMISSIONS

 

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times, and availability. We reserve the right to correct any errors, inaccuracies, or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

 

We undertake no obligation to update, amend, or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

 

 

SECTION 16 - PROHIBITED USES

 

In addition to other prohibitions as set forth in the Terms, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial, or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. 

 

You are expressly and emphatically restricted from all of the following: (a) publishing any Website material in any media without permission; (b) selling, sublicensing and/or otherwise commercializing any Website material; (c) publicly performing and/or showing any Website material without permission; (d) using this Website in any way that is, or may be, damaging to this Website; (e) using this Website in any way that impacts user access to this Website; (f) using this Website contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity; (g) engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website; (h) using this Website to engage in any advertising or marketing. 

 

We reserve the right to permanently or temporarily terminate or suspend your use or access of the Service without notice and liability for any reason, including if you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time by contacting us at jes@jesbinder.com

 

 

SECTION 17 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

 

We do not guarantee, represent, or warrant that your use of our service will be uninterrupted, timely, secure, or error-free.

 

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

 

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you. If the paid service is cancelled or unavailable, a pro-rated refund is available to the client, if you email jes@jesbinder.com within 10 business days of the cancellation or unavailability, for the unusable portions.

 

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

 

In no case shall Jessica Binder, LLC, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers, or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

 

 

SECTION 18 - INDEMNIFICATION

 

You agree to indemnify, defend, and hold harmless Jessica Binder, LLC, and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns, and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

 

 

SECTION 19 - SEVERABILITY

 

In the event that any provision of these Terms is determined to be unlawful, void, or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms, such determination shall not affect the validity and enforceability of any other remaining provisions.

 

 

SECTION 20 - TERMINATION

 

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

 

These Terms are effective unless and until terminated by either you or us. You may terminate these Terms at any time by notifying us by email at jes@jesbinder.com, that you no longer wish to use our Services, or when you cease using our site.

 

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms, we also may terminate this agreement at any time without prior notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

 

 

SECTION 21 - ENTIRE AGREEMENT

 

The failure of us to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

 

These Terms and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms).

 

Any ambiguities in the interpretation of these Terms shall not be construed against the drafting party.

 

 

SECTION 22 - GOVERNING LAW

 

These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the United States of America, specifically in the State of Nebraska. Any and all such claims and disputes shall brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in Falls City, Richardson County, Nebraska. 

 

SECTION 23 - CHANGES TO TERMS OF SERVICE

 

You can review the most current version of the Terms of Service at any time at this page.

 

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

 

 

SECTION 24 - CONTACT INFORMATION

 

Questions about the Terms should be sent to us at jes@jesbinder.com.  

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