TERMS AND CONDITIONS

Terms & Conditions Last Updated: March 12, 2024  

By using Jennifer-melville.com referred to as this “Site”, all visitors, referred to as “user”, “you”, “your” and “Client” are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to Jennifer Melville Coaching LLC (the “Company”, “Coach”), owner of Jennifer-melville.com.  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 of Service, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of the Site, from time to time, in which case we will post the revised Terms of Service on this Site.  By continuing to use the Site after we post any such changes means you accept the new Terms of Service with the modifications.

Please review these terms of service carefully because these terms are a binding legal contract between you, and Jennifer Melville Coaching LLC. All visitors referred to as “user”, “you”, “your” and “Client” are bound by these Terms of Service. These terms govern your use of our websites, pages, the use of our programs, courses, and any and all products and services. By using these websites and/or our resources, you accept these terms and agree to be bound by these terms. If you do not agree to these terms you must cease use of these websites and/or our resources and services.

To access or use our site and products, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.

In order to use our site and products, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the site and our products, violate any laws in your jurisdiction.

You may use the Site and Products for lawful purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.

We may modify, update or delete provisions of these terms by posting those changes on our website, at which time you will be notified by email. Updates made here will become effective upon the posted date. By continuing to use this website and/or our other products, programs and services after the effective date, you agree to be bound by the modified terms.

DEFINITIONS

Services- The term “Services” refers to personal coaching sessions/programs provided in-person or via Zoom with Jennifer Melville Coaching LLC. Any additional Contract(s) issued to the Client for personal coaching sessions/programs, will supersede these Terms & Conditions. Products-The term “Products” refers to any digital or hardcopy resources, paid or free, from the Site. It also includes subscriptions, courses, workshops, webinars, programs and any other resources, paid or free, provided by the Coach to the Client. We recommend that you print a copy of these Legal Terms for your records.

INTELLECTUAL PROPERTY

In respect of the intellectual property owned by Jennifer Melville Coaching LLC, including, without limitation, trademarks, copyrights, proprietary information, digital and printed documents and resources, and other intellectual property thereof as part of any program or product, the We maintain all of the copyright, other intellectual property rights and any other data or material used or subsisting in the Material whether finished or unfinished. You receive one license solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of us to you, nor grant any right or license other than those stated in this Agreement. We reserve the right to immediately remove you from any Service or Product, without refund, if you are caught violating this intellectual property policy.

LIMITATION OF LIABILITY

By using Jennifer Melville Coaching LLC Services and Products, you accept any and all risks, foreseeable or non-foreseeable, arising from such transaction. You agree that the we will not be held liable for any damages of any kind resulting or arising from including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of the service or product. Client agrees that use of these products is at user’s own risk.

Restrictions on Use

By accessing and using jennifer-melville.com and it's Products, you agree to the following restrictions:

No Unauthorized Sharing:

You may not share, distribute, or make available any content, data, or information obtained from [Service/Website Name] to third parties unless expressly authorized by us in writing. This includes, but is not limited to, posting information obtained from Jennifer Melville Coaching LLC on any external websites, forums, or social media platforms.

No Duplication:

You are prohibited from duplicating, copying, or reproducing any content, data, or information available through Jennifer Melville Coaching LLC, in whole or in part, for any purpose other than your personal and non-commercial use, unless you have obtained prior written permission from us.

No Modification or Derivative Works:

You may not modify, alter, adapt, or create derivative works from any content, data, or information obtained from Jennifer Melville Coaching LLC. This includes, but is not limited to, altering data formats, reverse engineering content, or using the information to create similar or competitive services.

No Claim of Ownership:

By using products and services from Jennifer Melville Coaching LLC, you agree not to claim ownership of any content, data, or information accessed through our service. All such content, data, and information remain the proprietary material of Jennifer Melville Coaching LLC or its licensors and are protected by applicable intellectual property laws.

Violation of any of these restrictions may result in termination of your access to Jennifer Melville Coaching LLCs' products and services and legal action against you, and/or other penalties. We reserve the right to enforce these terms at our discretion and to seek all remedies available by law for such violations.

DISPUTE RESOLUTION

If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Hartford, CT or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of Connecticut within the United States regardless of the conflict of laws principles thereof.

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 affect and shall in no way be affected, impaired, or invalidated.

NON-DISPARAGEMENT

You acknowledge and agree that participation or use of any Service or Product provided by us involves certain risks and uncertainties. While we will make every effort to provide valuable guidance and support, you understand that the outcome of Services and Products cannot be guaranteed. The Parties agree and accept that the only venue for resolving a dispute shall be in the venue set forth herein below. The Parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other. Neither Client nor any of Client’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statements of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Coach or any of its programs, affiliates, subsidiaries, employees, agents or representatives.

RELEASE OF CLAIMS

You hereby release, waive, and forever discharge us, and our respective agents, representatives, employees, successors, and assigns, from any and all claims, liabilities, damages, losses, costs, or expenses, including but not limited to personal injury, property damage, or financial loss, arising from or in connection with our Services and Products, and/or advice provided by Jennifer Melville Coaching LLC, or any actions or omissions of the Coach.

GOOD FAITH

Each party represents and warrants to the other that such party has acted in good faith, and agrees to continue to so act, in the negotiation, execution, delivery, performance, and any termination of this Agreement.

THIRD-PARTY RESOURCES The Site 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 the Company. 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 of Service, or any use by you of the Site. 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.

ASSIGNMENT

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

TERMS OF PURCHASE/ONLINE COMMERCE

Certain sections of the Site 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. By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, or services by the Company.

PAYMENT AND REFUND POLICY

(a)  Upon execution of this Agreement, Client agrees to pay to the Coach the full purchase amount. (

b)  Coach does not offer refunds to for any products or services

(c)  If Client selects a payment plan option (when applicable), or enrolls in a subscription package, the Client agrees to pay fees to the Coach according to the payment schedule set forth on Coach's website and/or Sales Page of said product, or otherwise provided to the Client.

(d)  Credit Card Authorization (if applicable for payment plan/subscription). Each Party hereto acknowledges that Coach will charge the credit card chosen by the Client in the interval outlined on the Coach’s website/Product Sales Page

(e)  In the event Client fails to make any of the payments within a payment plan during the time prescribed, Coach has the right to immediately disallow participation by Client until payment is paid in full, including disallowing access to modules, materials, and coaching calls. If the client has not paid within fourteen (14 days), Coach has the right to terminate the agreement and no refunds will be permitted for payments already completed.

Subscriptions, Fees & Non-Payment

Your subscription begins the day you register for a Product and will automatically renew according to the schedule set at the time of purchase. To prevent renewal of your subscription, you must provide a written request to jen@jennifer-melville.com at least ten (10) days prior to your renewal date.

You expressly acknowledge and agree that your subscription is continuous and until you provide notice of non-renewal or Jennifer Melville Coaching LLC stops providing the Services to you, consistent with these terms, Jennifer Melville Coaching LLC is authorized to charge your payment method on file for your subscription.

At the point of renewal, the current pricing displayed on our website will apply unless you’ve been expressly promised otherwise. You are accountable for all fees owed to us under any Subscription Arrangement. Non-payment of any due Fees or amounts under associated accounts with Jennifer Melville Coaching LLC or other payment processors is considered a breach of these Terms, granting us the right to either terminate your account or suspend your access to our services. Please ensure that your billing and contact information are accurate and regularly updated. If the Subscription Agreement specifies payment by credit card or if you voluntarily provide us with credit card details, you confirm your authority to use the provided credit card. You hereby authorize Jennifer Melville Coaching LLC (or our chosen third-party payment processor) to store your payment data and charge the provided credit card for all due Fees plus any applicable taxes. You acknowledge that the billed amount may vary due to changes in subscription, promotional offers, applicable taxes, usage levels, or other charges. Jennifer Melville Coaching LLC maintains the right to validate credit/debit card payments before accepting your order and to keep using updated credit card account data from card brands when applicable.

Late payments will incur a service charge of 1.5% per month or the maximum charge permitted by law, whichever is lower.

Non-Payment; Suspension Rights

Jennifer Melville Coaching LLC reserves the right to terminate Access to a Product if the billing or contact information you provide is false or fraudulent. If your subscription payment fails, we reserve the right, at our discretion, to immediately suspend or cancel your access to the course/product until payment is up to date.

If Jennifer Melville Coaching LLC suspends your access, in full or in part, you continue to remain liable for all Fees during any suspension period. We may, at our sole discretion, choose to restore the Access during any period of delinquency, and such restoration should not be construed as a waiver of our right to; receive full payment for Fees due or; again suspend your Services/Access at any time for non-payment of any unpaid charges.

Your overdue account, account record, and overdue balance may be submitted to a third-party collection service. You agree that Jennifer Melville Coaching LLC will not be liable to you or any third party for any suspension or cancellation of the Services/Access resulting from your non-payment of Fees or from a dispute as to the management rights to your account.

Standard Term

Unless a different term is specified in a signed Subscription Agreement between you and Jennifer Melville Coaching LLC, the Initial Term of your subscription to our Product begins on the date of registration. You’re obligated to pay the applicable fees until the subscription is terminated as outlined below in Termination Notification.

No Early Termination; No Refunds

While you may cancel your subscription at any time there are no refunds for unused time. To prevent automatic renewal of your Subscription, you must provide notice of your intention to cancel as stated below in the Termination Notification. All payments are non-refundable if you cease using our Products during your Term.

Termination Notification

To avoid automatic renewal of the Subscription Term for our Service, you must send an email to jen@jennifer-melville,com no less than ten (10) days before your forthcoming billing date.

Any additional Contract(s) issued to the Client for personal coaching sessions/programs, will supersede these Terms & Conditions.

If you have any questions or concerns regarding these Terms of Service, please email: jen@jennifer-melville.com

DISCLAIMERS

By using Jennifer-melville.com and/or making a purchase from Jennifer Melville Coaching LLC, referred to as this “Site”, all visitors, referred to as “user”, “you”, “your” and “Client” are bound by these Disclaimers. The terms “we,” “us,” “our,” and “Coach” refer to Jennifer Melville Coaching LLC (the “Company”/ “Coach”), owner of Jennifer-melville.com. Accessing this Site constitutes a use of the Site and an acceptance to the Disclaimers provided herein.

The Client agrees that the use of products or services provided by the coach is not a substitute for professional advice, therapy, or counseling. The Coach is not a licensed therapist or psychologist and does not hold themselves out as such.

The Coach makes no representations or warranties of any kind, express or implied, regarding the services provided. The Coach does not guarantee any specific outcomes or results from it’s services and products, and the Client acknowledges that individual results may vary.

The Coach does not warrant that its services and products will meet the Client's expectations or requirements, or that the use and/or process will be uninterrupted, timely, secure, or error-free. The Client agrees that any reliance on coaching services is at their own risk.

To the fullest extent permitted by law, the Coach disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement of proprietary rights.

The Client acknowledges the Company and its representatives are not medical professionals, licensed psychologists, attorneys, or financial advisers, and the services or information provided here do not replace the care of medical or other licensed professionals. Any information provided here is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice.

In no event shall the Coach be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in connection with it’s Services and Products, including but not limited to personal injury, property damage, or financial loss.

The Client agrees to indemnify and hold harmless the Coach, and their respective agents, representatives, employees, successors, and assigns, from any claims or demands made by third parties arising out of or in connection with the Client's participation in the services and products provided by Jennifer Melville Coaching LLC.  

By engaging in services and products with the Coach and/or the purchase and use of services or products, the Client acknowledges that they have read and understood this Disclaimer of Warranties and voluntarily accept its terms and conditions.

If you have any questions or concerns regarding these Disclaimers, please email: jen@jennifer-melville.com