Janessa Nickell, LLC Terms of Use

Please read these Terms of Use (“Terms of Use”) carefully before accessing, purchasing, or using any digital products.

This website and its digital products are owned by Janessa Nickell, LLC (“I”, “my”, “me”, “mine”). The term “you” refers to the user or viewer of my website and digital products. By viewing my website or digital products made available on or through my website and other platforms, including but not limited to free courses, paid courses, e-books, programs, etcetera (collectively referred to as “Website” and/or “Digital Products”), you are agreeing to accept all parts of these Terms of Use. If you do not agree to these Terms of Use, do not access or use my Website or my Digital Products.

I reserve the right to change these Terms of Use on my Website at any time without notice. Any information you access on my Website or through my Digital Products is governed by these Terms of Use. By accessing my Website or my Digital Products, you consent to these Terms of Use, whether or not you have read them.

Age Restriction

You must be at least 18 (eighteen) years of age before you can use my Digital Products. By using my Digital Products, you warrant that you are at least 18 years of age and that you can legally adhere to these Terms of Use. Janessa Nickell, LLC assumes no responsibility for liabilities related to age misrepresentation. 

Intellectual Property

All information included in my Digital Products is solely owned by me and/or my licensors and is protected by United States copyright, trademark, and other intellectual property laws. You understand that doing anything with my Digital Products that is contrary to these Terms of Use is considered theft and that I reserve the right to prosecute to the full extent of the law. You agree that you will not reproduce or redistribute any intellectual property in any way, including through digital means and new trademark registrations. By uploading or submitting any material on or through my Digital Products, you are representing that you are the owner of all such materials. You grant Janessa Nickell, LLC a royalty-free and non-exclusive license to display, use, copy, transmit, and broadcast the materials you upload or submit. 

You may download and/or print PDF documents from my Digital Products for your own personal use. You may download and use spreadsheets and other non-PDF digital tools for your own personal use. However, you are not permitted to share, sell, reprint, or republish any of my materials for sale, gifting, or reproduction purposes. This includes sharing content and documents from my Digital Products with your friends, family, colleagues, etcetera. They must purchase their own access to my Digital Products separately.

When you access, purchase, or use my Digital Products, you agree that you are prohibited from copying, sharing, stealing, modifying, or adapting the information included in my Digital Products. You will not represent information from my Digital Products as if they were yours or created by you. You will not violate my intellectual property rights, including copyright and trademark rights.

Disclaimer, Privacy Policy, and Terms and Conditions

The information provided through my Digital Products is for educational and informational purposes only. By accessing, purchasing, or using my Digital Products, you certify that you have reviewed and agreed to my Disclaimer, Privacy Policy, and Terms and Conditions, which are available on my Website.

Personal Information

To access parts of my Digital Products, I may seek personal information including your name, e-mail address, street address, city, state, billing information, or other personally identifying information (“Confidential Information”), or you may offer or provide a comment, photo, image, video, or any other submission to me when visiting or interacting with my Digital Products (“Other Information”). By providing such Confidential Information or Other Information to me, you grant me permission to use and store such information. Your Confidential Information is stored by me and/or through data management and payment processing systems. Your Confidential Information will only be accessed by those who help to obtain, manage, or store that information, or who have a legitimate need to know such information.

Confidentiality

I aim to keep the Confidential Information that you share with me confidential. Please note that I may disclose such Confidential Information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend my rights or property or those of my users or licensees, (2) such action is necessary to protect my personal safety or that of my users or the public, or (3) such action is necessary to investigate or respond to any real or perceived violation of my Privacy Policy, Disclaimer, Terms and Conditions, Terms of Use, or any other agreement with me. Note that whenever you voluntarily make your Confidential Information or Other Information available for viewing by others online through my Digital Products, it may be seen, collected, and used by others. Therefore, I cannot be responsible for any unauthorized or improper use of the Confidential Information or Other Information that you voluntarily share.

User Accounts

As a user of this website, you may be asked to create an account and provide personal information. You are responsible for ensuring the accuracy of this information, and you are responsible for maintaining the safety and security of your information. You are responsible for all activities that occur under your user account, and you agree to notify me immediately of any unauthorized or improper use of your user account or any other breach of security. I reserve all rights to terminate accounts, cancel purchases, and block access at my sole discretion.

Unsubscribe

You may unsubscribe to my e-newsletters or updates at any time through the unsubscribe link at the footer of email communications. I manage email lists through a management system. Unsubscribing from one list managed by me may not necessarily remove you from all publication email lists. If you have questions or are experiencing problems with unsubscribing, please contact me at connect@janessanickell.com. 

Indemnification, Limitation of Liability, and Release of Claims

You agree to indemnify Janessa Nickell, LLC and its business partners, affiliates, agents, contractors, employees, successors, and licensees and hold them harmless against legal claims and demands that may arise from your use or misuse of my Digital Products. I reserve the right to select my own legal counsel. Janessa Nickell, LLC is not liable for any damages that may occur to you as a result of your use or misuse of my Digital Products. You agree to release me from any and all claims, and you understand in no event will I be liable to any party for any type of damages or any use or misuse of my Digital Products.  By using this website, you agree that the laws of Massachusetts, without regard to principles of conflict laws, will govern these Terms of Use or any dispute of any sort that might come between Janessa Nickell, LLC and you.

Personal Responsibility and Conduct

By using my Digital Products, you agree that you are doing so at your own risk. You understand that no results are guaranteed in any way related to my Digital Products. You agree that you assume all risks and that you are responsible for your actions, decisions, and results related to the use or misuse of my Digital Products. I assume no liability for errors or omissions in my Digital Products, and I cannot be held responsible nor accountable for the accuracy of information in my Digital Products. You agree that you will use my Digital Products for legitimate, non-commercial purposes only and not for fraudulent or illegal purposes. You agree that you will not cause interruption, damage, or impairment to my Digital Products through your action, inaction, or influence. You understand that you are solely responsible for the impact of any electronic communication and content sent from your computer or other devices to me in any way. 

Commerce

As a user of my Website, you may make purchases from me and/or other merchants. All information obtained during the purchase or transaction, including financial and personally identifying information, may be collected by me, the merchant, and my payment processing company. You understand that payment processing companies and other merchants may have terms and conditions that are different than mine, and you understand that I have no responsibility or liability for their processes and policies. You agree that I am not responsible or liable for any loss, damage, refunds, or other matters incurred as a result of dealings with a merchant. You release me from any claims arising from your purchase through or use of my Digital Products. You agree to purchase products and/or services only for yourself or for another person for whom you are legally permitted to do so. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through my Website and Digital Products.

Purchases

By purchasing my Digital Products, you give me permission to automatically charge your method of payment without any additional authorization. In the event payment is not received, I reserve the right to remove your access to my Digital Products. If you decide to withdraw from my Digital Products at any time or for any reason, you will remain fully responsible for the full cost of my Digital Products. 

Refunds

Your satisfaction with my Digital Products is important to me. Development of my Digital Products requires extensive time, effort, and resources. As a result, my policy is that all purchases are non-refundable. You acknowledge that I do not offer refunds for any portion of your payment for my Digital Products. By accessing, purchasing, or using my Digital Products, you understand and agree that all sales are final and that no refunds will be provided. 

Termination

You have the right to terminate your use of my Digital Products at any time. I reserve the right to terminate your access to my Digital Products at any time and by my sole discretion by sending an email to the email address you provided upon purchase. In the event of termination, I reserve the right to immediately remove your access to my Digital Products as well as my Website and other forms of communication. All terms of this Terms of Use and any other terms from my Disclaimer, Terms and Conditions, Privacy Policy, and any other agreements will still apply after termination. 

Dispute Resolution

My intention is to resolve any disputes between you and Janessa Nickell, LLC amicably through email correspondence. However, if we are unable to resolve a dispute within a reasonable timeframe, you agree 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 send an email to connect@janessanickell.com and include all of your reasons for dissatisfaction with my Digital Products. You understand and agree that the only remedy that can be awarded to you through arbitration is full refund of your payment for my Digital Products made to date. No other actions or financial awards of any type for damages may be granted to you. You agree that the decision of the arbitrator is final and binding, and may be entered as a judgment into any court having the appropriate jurisdiction. In the event of a dispute between you and Janessa Nickell, LLC, you agree to not engage in any conduct or communications, public or private, including on social media, that is designed to disparage Janessa Nickell, LLC. 

If you have any questions about these Terms of Use, please contact me at connect@janessanickell.com.