Terms and Conditions For Use
This website is owned and operated by Jenna Henderson (“Henderson”). Any access, use, or purchase of or from this Website is at the user’s own risk. Henderson makes absolutely no representations or warranties as to the safety or fitness for use of any particular product or service offered on this Website. The Terms and Conditions contained on this page are subject to change at any time.
These Terms and Conditions of Use are legally binding. All access, use, or purchase from this site, or any product on this site, is controlled by these Terms and Conditions. By accessing, using, or purchasing any products on this site, User (“user”) are representing that User have read and agreed to these Terms and Conditions of Use carefully prior to access, use, or purchase of any of the products on this site. Jenna Henderson reserves the right to update and change these Terms and Conditions for Use at any time.
By purchasing any product from this site, the user agrees to be bound by these Terms and Conditions of Use, as well as any disclaimers and privacy disclosures contained in these Terms and Conditions of Use. Additionally, the user agrees that the user is at least 18 years of age and/or otherwise legally able to access, use, or purchase products from this site. Jenna Henderson reserves the right to terminate all access to this site in the event it is discovered user is not of legal age to purchase products online.
INTELLECTUAL PROPERTY NOTICE
All images, text, designs, graphics, trademarks, and service marks are owned by and property of Jenna Henderson or the properly attributed party (the “Intellectual Property”). It is a violation of federal law to use any of the Intellectual Property in whole or in part, and modification of any materials contained on this site is illegal and may be prosecuted to the fullest extent permissible. In the event a user illegally uses Intellectual Property from this site, Jenna Henderson reserves the right to seek all legal remedies under the law, including damages, financial penalties and/or an injunction forcing the user to immediately cease use of all Intellectual Property derived from this site.
ONLINE COURSE INTELLECTUAL PROPERTY
Any and all materials, paid or free, that User accesses on this or any related domains that contain products created and distributed by Henderson are under the sole ownership or licensed use of Jenna Henderson.
User is only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials User has paid for or opted to receive. User acknowledge that if User exceeds the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trial and Appeals Board, User has committed infringement in a manner that materially harms Henderson, and Henderson has the right to seek damages and/or an injunction to remedy the infraction of improper use.
● Access the purchased product for User’s personal use (if additional members of User’s team need to access the purchased product, User must purchase additional copies of the products at one per each team member).
● Download and/or print any purchased product materials for User’s personal use in User’s business (if additional members of User’s team need to download or print the purchased product, User must purchase additional copies of the products at one per each team member).
● Use Henderson’s trademarks and copyrighted materials with HENDERSON’S PRIOR WRITTEN CONSENT AND PROPER CREDIT and marking, namely, citing ©Jenna Henderson as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™ in accordance with the below.
User may not:
● Re-sell or trade User’s access to the purchased products.
● Share the purchased products with anyone else who has not yet purchased it or opted in to receive it.
● Reprint or republish any of the purchased products, in part or in whole.
● Distribute any of the materials contained in the purchased products or related materials and/or communications as User’s own, otherwise known as stealing.
● Reproduce and alter, edit, remix, or in any way create a derivative of any part or whole of the Purchased products for distribution as User’s own work.
● Claim ownership or use over any of Henderson’s Intellectual Property without Henderson’s prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos, and other content; trademarks such as names, logos, taglines, or other unique source identifiers; or trade dress including the look and feel of the purchased products (and its related communications and materials).
● Use Henderson’s purchased products or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s).
REQUEST FOR PERMISSION TO USE CONTENT
If User wishes to use, publish, or access any of Henderson’s content, products, or related materials, User must do so by requesting and receiving written permission prior to commencing use of the same by emailing Henderson at [email protected]
CIVIL AND CRIMINAL PENALTIES
It is considered theft to steal, infringe, or otherwise violate these Terms and Conditions of Use. Henderson reserves the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. User explicitly consents to personal jurisdiction of an exclusive venue in the federal and state courts located in and serving Bedford County, Tennessee by opting into or purchasing any products offered on this site or accessing its related communications and/or materials.
User represents and warrants the User owns the copyright to any image User uses by default or voluntarily on this site, or within any products on this site, free and clear of any and all third-party claims. User grants Henderson a commercial license to any image User submits to Henderson by default, e.g. a Facebook profile photo or other profile image voluntarily provided in accessing the purchased products. Such a default or voluntary release of User’s image and likeness may be used for any reasonable future business use.
NOTIFICATION OF USE
Henderson is not obligated to notify User or anyone in photographs of Henderson’ publication or other use of any image or images User submits voluntarily or by default.
SECURITY AND ASSUMPTION OF RISK
It is User’s responsibility to secure User’s username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. This site does not store any whole credit card numbers or payment information, and instead, these are processed through third-party processors.. By utilizing these payment processors to gain access to the purchased products, User agrees to indemnify Henderson, and User assumes any and all risk or liability for the security of the payment details, and agree to be bound by the third-party payment processor’s applicable terms and conditions of use.
User has no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
ASSUMPTION OF RISK
By accessing this site and its products and/or related materials, whether paid or unpaid, User assumes all the risk access and any subsequent actions User chooses to take as a result of the influence, information, or educational materials provided to User.
Any communications made through this site’s ‘contact’, blog, blog comments, newsletter sign up, or other related pages, or directly to Henderson’s phones or mailing or email addresses is not held privileged or confidential and is subject to viewing and distribution by third parties. Henderson owns any and all communications displayed on this Website, servers, comments, emails, or other media as allowed by U.S law, and will not give credit or pay royalties for unsolicited user-generated content such as blog comments or emails.
Henderson maintains a right to republish any submission in whole or in part as reasonably necessary in the course of Henderson’s business. User agrees not to submit any content or communications that could be illegal or serve an unlawful purpose, including, but not limited to communications that are potentially libelous or maliciously false, obscene, abusive, negligent, or otherwise harmful or inappropriate.
This Website and the related materials are provided for educational and informational use only. User agrees to indemnify and hold harmless Jenna Henderson against any claim for any direct or indirect loss or conduct incurred as a result of User’s use of this Website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).
While Henderson may reference certain results, outcomes or situations on this Website, User understands and acknowledges that Henderson makes no guarantee as to the accuracy of third-party statements contained herein or the likelihood of success for User as a result of these statements or any other statements anywhere on this Website.
If User has medical, legal, or financial questions, User should consult an expert in the appropriate field. Henderson expressly disclaims any and all responsibility for any actions or omissions User chooses to make as a result of using this Website, related materials, products, courses, or the materials contained herein.
This Website is updated on a regular basis and while Henderson tries to make accurate statements in a timely and effective manner, Henderson cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. User expressly acknowledges and understands that any information or knowledge User gains as a result of using this Website is used at User’s own risk. If User should see any errors or omissions and would like to let Henderson know, please send an email to [email protected]
User agrees that User understand individual outcomes will vary. Case studies or testimonials are not necessarily indicative of typical results. HENDERSON CANNOT AND DOES NOT GUARANTEE USER SUCCESS MERELY UPON ACCESS OR PURCHASE OF THESE PRODUCTS OR RELATED MATERIALS.
To the fullest extent permitted by law, User expressly releases Henderson from any liability for any direct, indirect, or consequential loss or damages incurred by User or others in connection with purchased products, 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, 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, whether or not foreseeable.
Henderson is not a medical, legal, financial, or other professional, and User acknowledges and agrees that this site and its products are for educational and entertainment purposes only. None of the products or related materials should be construed as medical, legal, or financial advice.
THIRD PARTY DISCLAIMER
User acknowledges and agrees that Henderson is not liable for any defamatory, offensive, or illegal conduct of any other participant or user, including User.
HENDERSON MAKES NO WARRANTIES AS TO THE WEBSITE, PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS. USER AGREES THAT WEBSITE, PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, HENDERSON DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. HENDERSON DOES NOT WARRANT THAT THE WEBSITE, PROGRAMS, PRODUCTS, SERVICES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE HENDERSON SITE, OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. HENDERSON DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAMS, PRODUCT, OR SERVICES MATERIALS, OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY, OR OTHERWISE.
Henderson will make reasonable efforts to provide User with modern, reliable technology, software, and platforms from which to access Our Offering(s) and related material(s). However, in the event of a technological failure, User accepts and acknowledges Henderson’s lack of responsibility for said failure, and while Henderson will make reasonable efforts to support User, some technological issues are far outside Henderson’s control and will require User to access support from a third-party provider, such as Kajabi.
UNDER NO CIRCUMSTANCES SHALL HENDERSON BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POHENDERSONR FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER HENDERSON NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETHENDERSONEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE OR HARDWARE; OR (B) ANY DELAY OR FAILURE USER MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE OFFERINGS.
ERRORS AND OMISSIONS
Henderson makes no warranty or guarantee as to the accuracy, timeliness, performance, completeness, or suitability of the information in on this website or the related products offered for sale. Henderson is not liable for any inaccuracies, errors, or reliance on personal opinions contained on this website or related material(s).
INDEMNIFICATION, LIMITATION OF LIABILITY, AND RELEASE OF CLAIMS
User agrees at all times to indemnify and hold Henderson harmless, as well as any of affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees and expenses, arising out of or related to this website or the products offered thereon.
LIMITATION OF LIABILITY
User explicitly agrees that Henderson shall not be held responsible or liable in any way for the information, products, or materials that User requests or receives through or in relation to this website or the materials or products offered thereon. Henderson does not assume liability for any third-party conduct, accidents, delays, harm, or other detrimental or negative outcomes as a result of User’s access of this website and the related material(s).
UNDER NO CIRCUMSTANCES (INCLUDING NEGLIGENCE) SHALL HENDERSON BE LIABLE TO USER OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF HENDERSON HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HENDERSON’S TOTAL LIABILITY TO USER FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT USER MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE AMOUNT PAID BY USER, IF ANY, FOR THE RIGHT TO ACCESS OR PARTICIPATE IN ANY ACTIVITY RELATED TO THE WEBSITE OR $100.00.
USER AGREES THAT ANY CAUSE OF ACTION RELATED TO THE SERVICES MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
This site may use affiliate links to sell certain products or services. Henderson disclaims any and all liability as a result of User’s purchase through one of these links. Henderson will use reasonable efforts to notify User when and where Henderson have placed affiliate links in addition to this disclaimer located in these Terms and Conditions. User accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this Website or related communications.
If at any time Henderson feels the User has violated these Terms and Conditions, then Henderson shall have the right immediately terminate User’s use of this Website, the products, and any related communications as Henderson deem appropriate. It is within Henderson’s sole discretion to allow any user’s access of this website, and Henderson may revoke this access at any time without notice, and if necessary, block User’s IP address from further visits to this website(s).
Henderson reserves the right to charge 1.5% interest per day upon any outstanding sum that remains unpaid on or after 14 calendar days from due date.
After 30 days of outstanding payment, Henderson reserves the right to send User to collections, upon which User will owe the total amount of any outstanding payments plus any collection costs including reasonable attorney’s fees.
If User have signed up for a payment plan, User hereby authorizes Henderson’s continued access to User’s financial information stored by Henderson’s third-party financial processing company referenced in this Agreement until User’s payment plan is complete, as set forth in User’s acceptance of the purchase terms upon checkout.
REVOCATION OF ACCESS
Except as otherwise provided herein, User has the unilateral right to terminate User’s use and access to any of the products or materials offered on the website. Please send an email to [email protected] to initiate this process. Termination will not excuse User of further payment. Upon confirmation of User’s termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and User agrees to be responsible for any additional charges, fees, or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
All claims and disputes arising under or relating to these Terms and Conditions are to be settled by binding arbitration in the state of Tennessee. An award of arbitration may be confirmed in a court of competent jurisdiction.
If User is found to be slandering, libeling, or otherwise disparaging Henderson, this website, or related materials, at Henderson’s discretion, User will be immediately removed from the website and any related communications. Henderson reserves the right to file a civil claim of action against User for any such damaging actions User take that materially harm Henderson.
LAW AND JURISDICTION
User agrees that any dispute related to these Terms will be governed by the laws of the State of Tennessee, excluding its conflicts of law provisions. In the event of any dispute related to these Terms that is not subject to binding arbitration, User and Henderson will submit to the personal jurisdiction of, and exclusive venue in, the state courts located in and serving Bedford County, Tennessee as the legal forum for any such dispute.