Terms of Service
BY VISITING JODYVENTURA.COM YOU ARE CONSENTING TO OUR TERMS OF USE.
OVERVIEW
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE SITE.
The terms “we”, “us”, “our” and “Jody Ventura” refers to Jody Ventura Coaching. The term “Site” refers to JodyVentura.com and all online class sites connected with Jody Ventura. The terms “user,” “you” and “your” refers to site visitors, customers and any and all other users of the site (individually and collectively “Users”).
By using the Site, including all materials presented herein and all online services provided by Jody Ventura Coaching, you agree to these Terms of Use, without modification, and acknowledge reading them. If you do not agree to these Terms of Use, you may not use the Site. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions, and agreements applicable to those services. If these Terms of Use are inconsistent with the guidelines, terms, and agreements applicable to those services, these Terms of Use will control. These Terms of Use apply to all Users of the Site and Service (as hereinafter defined).
USE OF THE SITE + SERVICE
To access or use the Site and Service, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Use. Children under the age of 18 are prohibited from using the Site and Service.
ACCOUNT CREATION
In order to use the Service, you are required to provide information about yourself including your name, email address, username, password and other personal information. You agree Jody Ventura will always be accurate, correct and up to date. You may not impersonate someone else or provide account information or an email address other than your own. Your account may not be used for any illegal or unauthorized purpose.
You may not, in the use of the Site and Service violate any laws in your jurisdiction. Jody Ventura reserves the right to refuse service based on your provision of inaccurate account information.
You are solely responsible for protecting the security and confidentiality of your account. You shall immediately notify Amy Ramsey of any unauthorized use of your account, or any other breach or threatened breach of the Site’s security of which you are aware.
LAWFUL PURPOSES
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site and Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You will be responsible for any activity conducted under your account.
You shall not post or transmit through the Site any material which violates or infringes the rights of third parties, 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.
REFUSAL OF SERVICE
Jody Ventura reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Jody Ventura reserves the right to limit the number of participants and subscriptions. Jody Ventura may at any time change or discontinue any aspect or feature of the Site or Service without notice.
CANCELLATIONS, REFUNDS & RETURNS
All sales of digital products downloadable upon confirmation of purchase are final.
PRODUCT DESCRIPTION
We endeavor to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listed.
OUR INTELLECTUAL PROPERTY
All content provided on the Site and in the Service, including all products and all online classes are the intellectual property of Jody Ventura. The content of the Site and Service are protected by United States trademark, trade dress and copyright law. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part, without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service.
If you violate this intellectual property policy, we reserve the right to immediately remove you from any and all Service without a refund, and shall pursue all available legal remedies against you.
AMENDMENTS TO TERMS OF USE
We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Such amendments are effective immediately by us posting the revised Terms of Use on this Site. Your use of the Site and/or Service following any amendment to these Terms of Use will constitute your agreement and acceptance of the revised Terms of Use.. We further reserve the right to update any portion of our Site and Service at any time. We will post the most recent version to the Site and list the effective date.
DISCLAIMER OF WARRANTIES – WAIVER AND RELEASE
The content on the Site and the Service is provided “AS IS” and without warranty of any kind, expressed or implied. To the fullest extent permitted by applicable law, we disclaim any and all warranties, expressed or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not warrant that the functions contained in any content (including, without limitation, User-Generated Content) will be uninterrupted or error-free, that defects will be corrected, or that the Site or the servers that make such content available are free of viruses or other harmful components and you assume the entire cost of all necessary servicing, repair or correction of any of your equipment or software. We make no representations or warranties regarding use, or the results of use, of any content, product or service contained on or offered, made available through, or otherwise related in any way to the Site including, without limitation, any third party site or service linked to from the Site.
We explicitly disclaim any responsibility for the accuracy, completeness or availability of information, content and materials found on sites that link to or from the Site. We cannot ensure that you will be satisfied with any product or service that you purchase from a third party website that links to or from the Site or third party information, content or materials contained on our Site. We do not endorse any of the products, nor have we taken any steps to confirm the accuracy, completeness or reliability of, any of the information, content or materials contained on any third party website. We do not make any representations or warranties as to the security of any information, content or materials (including, without limitation, debit/credit card and other personal information) you might be requested to give to any third party. You hereby irrevocably and unconditionally waive any and all claims against us with respect to information, content and materials contained on the Site (including, without limitation, User-Generated Content), on third party websites, and any information, content and materials you provide to or through any such third party websites (including, without limitation, debit/credit card and other personal information). We strongly encourage you to make whatever investigation you feel necessary or appropriate before proceeding with any online or offline transaction with any third party.
You acknowledge that you have carefully read this “Waiver and Release” and fully understand that it is a release of liability. You expressly agree to release and discharge Jody Ventura and all Indemnified Parties (as hereinafter defined) from any and all claims or causes of action and you agree to voluntarily give up and irrevocably waive and release any right that you may otherwise have to bring a legal action against Jody Ventura and all Indemnified Party for any type of injuries and/or damages.
Certain state laws do not allow limitations on implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the foregoing disclaimers, exclusions or limitations may not apply to you, and you may have additional rights.
INDEMNIFICATION
You hereby agree to indemnify, defend and hold Jody Ventura and our officers, employees, contractors, directors, licensors, licensees, successors, distributors, agents, representatives, related entities, affiliates, successors and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“) 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, settlement costs and legal or other fees and expenses, suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of any of these Terms of Use, or any use by you of the Site or Service. You shall provide us with any 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. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.
LIMITATION OF LIABILITY
You agree that under no circumstances (including negligence) shall Jody Ventura or the Indemnified Parties be liable for any direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of or in connection with: (i) your use of, or any inability to use, the Site, Service or any content or functions thereof; (ii) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, line or system failure or any incompatibility between the Site and any site, service, software or hardware; (iii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iv) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Jody Ventura or the Indemnified Parties has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Jody Ventura’s or the Indemnified Parties’ total liability to you for all loss, cost, damage, liability or expense (including attorneys’ fees and costs) that you may suffer or incur, under any theory of liability, in contract, tort (including, but not limited to, negligence) or otherwise, exceed the total purchase price of the Service you have purchased from Jody Ventura and if no purchase has been made by you, Jody Ventura’s and the Indemnified Parties’ total liability to you shall not exceed $1.00.
You agree that under no circumstances shall we or the Indemnified Parties 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 power 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.
GOVERNING LAW, VENUE AND MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Florida as applied to contracts that are executed and performed entirely in Florida. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other reasonable costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
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 effect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Use bind and inure to the benefit of the parties’ successors and assigns. These Terms of Use are not assignable, delegable, sublicenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
DISCLAIMER/EARNINGS DISCLAIMER
When addressing financial matters in any of our websites, videos, newsletters, programs or other content, we have taken every effort to ensure that we accurately represent our programs and their ability to grow your business and improve your life. However, Jody Ventura does not guarantee that you will get any results or earn any money using any of our ideas, tools, strategies or recommendations, and nothing on our Site and/or Service is a promise or guarantee to you of future earnings.
YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE JODY VENTURA’S PRODUCT IS AT YOUR SOLE RISK. By purchasing any product produced by Jody Ventura, you accept, agree and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties or guarantees verbally or in writing regarding your earnings, business profit, marketing performance, audience growth or results of any kind. You alone are responsible for your actions and results in life and business which are dependent on personal factors including, but not limited to, your skill, knowledge, ability, dedication, business savvy, network and financial situation. You also understand that any testimonials or endorsements by our customers or audience represented on, including but not limited to, our Site, Service, programs, content, landing pages, sales pages or offerings have not been scientifically evaluated by us and/or any third parties, and the results experienced by individuals may vary significantly. Any statements outlined on, including but not limited to, our websites, programs, content and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological or financial advice.
Every effort has been made to accurately represent this product and its potential.
This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by other businesses, including Facebook, nor have they been reviewed tested or certified by other businesses, including Facebook.
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, as well as your finances, knowledge and skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.
Materials in our product and our Site may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of your health and sobriety.
Any and all forward-looking statements here or on any of our sales materials are intended to express our opinion of potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact, no guarantees are made that you will achieve any results from our ideas and techniques in our material.
