Terms & Services
Effective: April 28, 2026
Updated: April 28, 2026
I. Introduction.
A. Jillian Turecki, LLC D/B/A Jillian Turecki (“Jillian Turecki”, “us”, “we” “our”), a Florida limited liability company, owns and operates the online website the “Website”), https:// jillianturecki.com, that offer coaching services, courses, content, curriculum and coaching materials, products, Jillian Turecki’s email newsletters (premium and free), the “Conscious Woman” membership program, the “Jillian On Love” podcast (premium and free), and any other products or services featured on the Website (all of the foregoing, together with the Website, collectively, the “Service”).
B. Please read our Master Terms of Service carefully before accessing or using the Service, including without limitation, making any purchases. These Master Terms of Service hereby incorporate by reference the Jillian Turecki Privacy Policy and Arbitration Agreement (together with any updates or additional terms) (collectively, “Terms”) and govern the access and use of the Service, whether in whole or in part.
C. These Terms, constitute a binding legal agreement between you and Jillian Turecki, its affiliates and subsidiaries. You (“You”, “Your”, and “Users”), mean all visitors, users, purchasers and subscribers to the Service, including without limitation, any part thereof. You accept and consent to these Terms any time and every time that You access or use the Service. You agree that these Terms are supported by reasonable and valuable consideration, the receipt and adequacy of which You hereby acknowledge, including, without limitation, Your access to and use of the Service. If You do not accept these Terms, then You must not access or use the Service.
D. In addition, when You use any of our current or future services or products, You will also be subject to our specific guidelines, terms, conditions and agreements applicable to those services and products. If these Terms conflict with the specific guidelines, terms and agreements applicable to those services and goods, then those specific terms shall control.
E. These Terms may change from time to time, and Your continued access and use of the Service constitutes acceptance of such changes. Please check these Terms periodically for updates.
II. The Service.
A. Our Service Platform. The Service offered via the Website is hosted by (i) Squarespace.com, https://squarespace.com, a cloud-based service platform (“SquareSpace”). Therefore, certain terms and conditions of the SquareSpace Terms of Service and Privacy Policy may apply to You as You access and utilize the Service via the Website. Please review both the SquareSpace Terms of Service and Privacy Policy. You accept both the SquareSpace Terms of Service and Privacy Policy every time You use the Service. If You do not accept both the SquareSpace Terms of Service and Privacy Policies, then You must not use the Service.
B. Our Collection of Information and Use of Information vis-à-vis the Service. Your use of the Service constitutes consent to Jillian Turecki’s collection and use of information as set forth in our Privacy Policy.
C. Eligibility. You may access and use the Service only if (i) You are eighteen (18) years of age or older. Please do not use the Service if You are under eighteen (18).
D. Location. The Service is based in and operates from the United States. We do not represent that the Service is applicable, appropriate, or available for use in locations outside of the United States. Persons who choose to access the Service from locations outside of the United States do so on their own initiative and are solely responsible for compliance with sovereign and local laws, if and to the extent such laws are applicable.
E. Consent to Our Communications. When you access and use the Service, You may provide to us Your name and email, such as when you subscribe to our newsletter, make a purchase, or download a free featured product. When You provide us Your name and email, You are consenting to our communicating with You by email for posting notice re: the Service, for customer service-related purposes in connection with the Service, or for security, privacy, and administrative issues relating to Your use of the Service. You have a legal right to receive free written notice of a security breach or to withdraw Your consent from receiving electronic notice. You may opt out by clicking the “Unsubscribe” link that is included in our email communications or write to us at support@jilliantureki.cmand state in the subject line “Cancel Communications” or the subject of Your request or inquiry. We will respond to you within seven (7) business days.
F. Subject To Change: All information provided by the Service is subject to change at any time without notice, at our sole discretion.
G. Term and Termination. The term for Your use of the Service will commence on the date on which You access or use the Service. The term will continue until You or we terminate Your use of the Service. For example, You may terminate Your use of the Service by discontinuing Your use of the Website or the online courses or unsubscribing from the Newsletter.
H. Effects of Termination. The provisions of the Terms that are intended to survive the termination of the Terms by their nature will survive the termination of the Terms.
III. The Service is For Informational Purposes Only. The Service offers wellness, personal development, and relationship related information and does not provide health care, medical or mental health advice, diagnosis, or treatment. Each time You access, use, participate with, or make a purchase the Service, You acknowledge and agree to the following:
A. Disclaimer Re: Jillian Turecki. Jillian Turecki is not a licensed health care, medical services, or mental health provider and the Services are not, nor intended to be substituted for the advice, diagnosis, or treatment by a licensed health care, medical, mental health, or other licensed professional service provider.
B. Disclaimer Re: Information Provided by the Service. Nothing stated by, posted on, displayed on, or available through the Service is intended to be, and must not be taken to be, the practice of health care, medicine, or mental health care. For the purposes of this Agreement, the practice of health care, medicine, or mental health care includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counselling, or providing health care or medical treatment, instructions, diagnosis, prognosis or advice. Developments in health care, medical, and mental health research may impact the health, fitness and nutritional, physical, physiological, and psychological topics discussed on or through the Service and no assurance can be given that the information contained on or provided by the Service will always include the most recent findings or developments with respect to the material. You should never disregard the advice or treatment of such health care, medical, or mental health service provider or delay in seeking such advice or treatment because of the information offered or provided by the Services.
C. Your Assumption of All Risk. YOU SHOULD AND WILL NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL HEALTH CARE, MEDICAL, OR MENTAL HEALTH ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE INFORMATION PROVIDED BY THE SERVICE, YOU SHOULD ALWAYS CONSULT WITH A LICENSED PHYSICIAN OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING HEALTH, MEDICAL OR MENTAL HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR RECEIVED THROUGH THE SERVICE. THE USE OF ANY INFORMATION PROVIDED BY OR THROUGH THE SERVICE, INCLUDING WITHOUT LIMITATION, BY FEATURED FACILITATORS, GUESTS, AFFILIATES, OR OTHER THIRD PARTIES, IS SOLELY AT YOUR OWN RISK.
D. Your Duty To Seek Qualified Care. If You have specific concerns or a situation that requires health care, medical, or mental health advice, care or treatment, You should consult with the appropriately trained and qualified health care, medical provider, or mental health care provider such as a physician or psychologist.
E. No Confidential Relationship; Disclaimer re: No Legal Privilege. The relationship between You, Jillian Turecki, and the featured coach, facilitator, guest, affiliates or participants with the Service, is not confidential and there is no legally privileged relationship (such as a doctor-patient relationship, psychiatrist-client) entitled to confidentiality or protected from disclosure. Information provided by You is not confidential and could be discoverable in legal or regulatory proceedings or investigation by law enforcement authorities. You acknowledge and agree that the relationship between You and Jillian Turecki is not confidential, nor legally privileged and Jillian Turecki must comply with any applicable law in connection with the Service, including, without limitation, coaching services. YOU WAIVE AND HOLD HARMLESS JILLIAN TURECKI, ITS COACHES, FACILITATORS, GUESTS, AFFILIATES, PARTICIPANTS, LICENSEES, AND THIRD-PARTY SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION OR DISCLOSURE MADE BY JILLIAN TURECKI DURING, OR TAKEN AS A CONSEQUENCE OF, COMPELLED DISCLOSURE to LEGAL OR REGULATORY AUTHORITIES OR INVESTIGATIONS BY EITHER JILLIAN TURECKI OR LAW ENFORCEMENT AUTHORITIES.
F. Disclaimer of Warranties. The Services are “As Is” and without warranty of any kind, express or implied. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW IN ANY JURISDICTION, WE DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTEIS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON INFRINGEMENT.
G. Disclaimer of Liability. IT IS YOUR RESPONSIBILITY TO MAKE ALL DECISIONS IN CONNECTION WITH JILLIAN TURECKI AND THE USE OF THE INFORMATION OFFERED OR PROVIDED BY THE SERVICE AND WE DO NOT ASSUME, AND SHALL NOT, HAVE ANY LIABILITY FOR INJURY OR LOSS IN CONNECTION WITH YOUR ACCESS, USE, PARTICIPATION, OR PURCHASE OF THE SERVICE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERING ANY ACTION UNDERTAKEN BY YOU IN CONNECTION WITH THE INFORMATION OFFERED OR PROVIDED BY THE SERVICE.
H. Right to Terminate. We may terminate Your participation in and use of the Service at any time based on its sole discretion and judgment that the Service is not appropriate for You. I. Waiver and Release. You hereby agree and release Jillian Turecki, its officers, owners, managers, employees, independent contractors, agents, licensees, successors, and assigns, (collectively, the “Release Parties”) from any and all damages, expenses, and fees of any kind, including without limitation attorney’s fees and litigation costs, from any claim, dispute, or recovery arising from or related to the Services, and to the extent necessary, Jillian Turecki and the Released Parties’ maximum liability under this Agreement is the amount paid by You under this Agreement. JILLIAN TURECKI OR ANY RELEASED PARTY SHALL NOT BE LIABLE TO YOU FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, SPECIAL, INCIDENTAL OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF USE OR LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL, ARISING IN CONNECTION WITH THIS AGREEMENT, UNDER ANY THEORY OF TORT, CONTRACT, INDEMNITY, WARRANTY, OR STRICT LIABILITY, EVEN IF IT KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
J. Your Informed Understanding of Waiver and Release Granted, Limitations. You have carefully read this Waiver and Release and fully understand that it is a full release of liability of the Released Parties from any and all claims or causes of action and You voluntarily give up and irrevocably waive and release any right that may otherwise have to bring a legal action against the Released Parties for personal injury or property damage. To the extent that certain laws may not allow limitations on implied warranties or the exclusion or limitation of certain damages, some or all the foregoing disclaimers, exclusions, or limitations may not apply to You and You may have additional rights.
IV. Your Registered Account.
A. Registered Accounts. Access to the Service may require that You create a registered account (e.g., member account) for certain purchases (a Digital Membership) or You may do so at your own discretion. When you create a registered account, You agree that (i) all of the information You provide to the Service is current, correct, and complete and (ii) the collection, storage and use of personal information provided to us, including but not limited to Your registration information and any interactive features on the Service, is governed by our Privacy Policy, and You consent to all actions taken by us or our duly appointed representative(s) consistent with said Privacy Policy.
B. Your Account. To create a registered account, You must provide a valid email address (“Registration Data”). You will choose a password during the registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities and purchases that occur under Your account. In consideration of use of the Service, You agree to maintain and update true, accurate, current and complete Registration Data. If You provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate Your account and refuse any and all current or future use of the Service or any portion thereof.
C. Use of Your Account. Your account is for Your personal use and without explicit written permission from us or our duly appointed representative(s). You agree not to allow access to the Service or any portion of it by any other person using Your login credentials. You further agree to notify us immediately of any unauthorized access to or the use of Your credentials or any other known breach of security.
D. We May Disable A User Account. We retain the right to disable any user account, whether created by You or provided by us, at any time in our sole discretion for any or no reason, including, but not limited to, violations of any provision of these Terms, and are not liable to in any way You for disabling the Service.
V. Subscription to the Jillian Turecki Newsletter. To receive the Jillian Turecki free newsletter (“Newsletter”), You will need to sign up and subscribe to it by providing us Your name and email address. You represent and warrant that You are at least eighteen (18) years of age or older or the age of majority in Your country or jurisdiction, legally authorized to provide the name and email address used to subscribe to the Newsletter, and the name and email address that You provide to us are true, accurate, current, and complete. Signing up for our Newsletter constitutes affirmative consent to the receipt of the Newsletter and/or email marketing communications from us about the Service (e.g., posting notices, special offers, upcoming courses, events, etc.). You may unsubscribe from the Newsletter by clicking on the “Unsubscribe” link provided at the bottom of the Newsletter.
VI. You Agree to Our Terms of Sale for the Purchase of Products and Subscription Services.
A. Purchase Terms And Conditions. All services and products (collectively, “Product” or “Products”) offered by the Service that You purchase (collectively, “Purchased Product” or “Purchased Products”), are governed by these terms of sale (collectively, “Terms of Sale”), to which You acknowledge and agree to when you make the purchase:
You agree to pay for all Purchased Products from the Website and that we may charge your selected payment method, plus any additional amounts (including any taxes, late fees as applicable) as may be accrued, in connection with Your Purchased Product or account.
You agree to provide current, complete and accurate purchase and account information for all Purchased Products offered by the Service. We are not responsible for the suspension of, delay in delivery, or cancellation of a Purchased Product because of inaccurate information that You provide. You also agree to promptly update Your registered account and other information, including Your email address and credit card numbers and expiration dates, so that we can complete Your transactions and contact You as needed.
All prices displayed on the Website are in U.S. dollars and do not display any applicable U.S. state sales tax, in effect at the point of sale on the Website.
You will be charged the purchase price of the Product, plus the applicable U.S. state sales tax, if any, in effect at the point of sale on the Website. You are responsible for paying any other tax, VAT, or fee owed worldwide in connection with a Purchased Product on the Website that is owed to the applicable taxing authority.
All payment fees are billed to the payment method (e.g., credit card, etc.) selected by You at the point of sale on the Website. If Your payment method cannot be verified, is invalid or is otherwise not acceptable, Your Purchase may be suspended or cancelled.
You understand that the information and data that You provide to us at the point of sale, such as Your name, email address (but 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.
You understand and agree that the Purchased Product may or may not be error-free or function as described in the Services, though we have reason to believe it will be delivered as specified and plan on making all efforts to do so. Any errors may be out of our control to rectify. We do not warrant that the quality of any Purchased Product, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Purchased Product, information, or materials on the Service will be corrected.
You will receive a confirmation email (“Confirmation Email”) from us on the date of Your completed purchase (“Date of Purchase”) that confirms Your Purchased Product.
. We reserve the right, at our sole discretion, to limit or cancel the sale of a Purchased Product, including without limitation, the refusal to provide access to or deliver any Purchased Product offered by the Service. In any of these circumstances, we will refund all, or the applicable portion, of the payment made.
If we change or cancel an order, we may attempt to notify You by contacting the e-mail and/ or billing address/phone number provided at the point of sale of the Purchased Product.
We reserve the right, at our sole discretion, at any time to modify or discontinue a Product or Purchased Product, or any part or content thereof, without notice at any time. All descriptions and pricing of a product are subject to change at any time without notice, at our sole discretion. We shall not be liable to You or to any third-party for any modification, price change, suspension, or discontinuance of a Product.
Additional terms and conditions may also apply to features of a specific Product. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
B. Additional Terms of Sale for Purchase of Subscription Services. Our Terms of Sale included these additional terms that apply to all purchases of subscription services (each “Subscription Service” or collectively, “Subscription Services”), to which You acknowledge and agree to when you make the purchase:
1. Subscription Services. Certain Products offered by the Service are offered as a Subscription Service, such as our digital community membership, premium newsletter or premium podcast. Subscription Services are offered to be purchased on an annual or monthly basis.
2. By signing up for Subscription Services offered by the Website, You agree to pay for the Subscription Services selected by You in connection with Your subscription-based Purchased Product from our Website and that we may charge your selected payment method, plus any additional amounts (including any taxes) as may be accrued, in connection with the Subscription Services purchased by You as long as your subscription is active.
3. By signing up for Subscription Services offered via a third-party platform or in-store app (e.g., Substack, Apple Podcasts, etc.), You agree to pay such third-party platform or in-store app for the subscription-based Purchased Product selected by You. Please reach such third-party platform or in-store app’s Terms of Service and applicable policies re: sales, auto-renewals, and cancellations.
4. By signing up for the Subscription Service from our Website, You acknowledge and agree that Your Subscription Service will be automatically renewed (“Auto Renewal”) at the end of the initial subscription term (e.g., one month from the date of purchase, one year from the date of purchase) until and unless you cancel the Subscription Service prior to the Auto-Renewal date. You authorize us to charge your selected payment method for the next Auto-Renewal term. The period of Auto-Renewal will be the same as Your initial subscription period unless otherwise disclosed to You at the time of Subscription purchase. The Auto-Renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional and discount pricing, unless we notify You of a rate change prior to the Auto Renewal date. You must cancel Your Subscription Service in accordance with the cancellation procedures for the Subscription Service provided by us or a third-party provider.
You acknowledge that our Subscription Service terms and rate plans on the Website are subject to change, and You agree to pay the applicable amended Auto-Renewal rates of which you were notified in advance unless You cancel the Subscription Service prior to the Auto-Renewal date.
5. We will reasonably and timely notify subscribers of any price changes to their selected plan or any material changes in subscription terms via email prior to implementing the change.
6. From time to time, we may offer a free trial subscription for a new product or service to be accessed on the Website. If You register for a free trial subscription from the Website, we will begin to bill Your account for the Subscription Service when the free trial subscription expires and these same Terms of Sale will apply, unless You cancel You subscription before that time.
C. Cancellations of Subscription Services. You may cancel Your Subscription Service Purchase Product on our Website at any time by (i) logging into Your account; (ii) clicking on “Account Settings”; (iii) click on "Plans"; (iv) then click on the three dots menu (“…”) next to “Your Current Plan”; and (v) then click on “Cancel.” You may also click this link for instructions. The Subscription Service set up with us shall remain active through the end date of the term of the subscription but shall not Auto-Renew thereafter. You will receive an email from us confirming Your cancellation of the Subscription Service. If the subscription service-based product was purchased through a third-party platform or an in-app purchase (e.g., Substack, Patreon, Apple Podcast, etc.), we cannot cancel the subscription, and You must cancel the renewal of your subscription with the specific third-party platform or in-app store in accord with their Terms of Service and cancellation policies.
D. Refund of Cancelled Subscription Services. Only Subscription Service Digital Memberships purchased on an annual basis from our Website may receive a full refund if cancelled within seven (7) days of the purchase date. Subscription Service Digital Memberships purchased monthly will not be refunded. We do not refund prorated fees upon cancellation of a Subscription Service other than as stated herein.
VII. Your Access to Purchased Digital Products and Digital Memberships.
A. Terms of Access. Digital products (collectively, “Digital”), such as a course, blueprint, digital community membership, worksheet, etc., that are Purchased Products are governed by these terms of access (“Terms of Access”), which You acknowledge and agree to when you purchase the Digital Product:
B. Access to Purchased Digital Products. Access to a purchased Digital Product, is other than a Subscription Service Digital Membership (see below) is available to be accessed from the Website upon completion of purchase. You shall have access to Your purchased Digital Product from the Date of Purchase, upon creation of Your registered account, or if You did not create a registered account, from the date of the Confirmation Email sent to You. You will have access to the purchased Digital Product for as long as it is offered by the Service.
C. Access To Purchased Subscription Service Digital Membership. A purchased Subscription Service digital membership (“Digital Membership”) may be accessed upon creation of the Registered Account by You. You will have then have access to the content, materials, and services included with the purchased Digital Membership for as long as it is offered by the Service and the term of Your Subscription Service, and these Terms shall apply, including without limitation, our Terms of Sale, Terms of Access and the Refund Policy.
VIII. Refund Policy of Purchased Products. You acknowledge and agree to our refund policy (“Refund Policy”) for Purchased Products at the point of sale on the Website, as set forth below:
1. Purchased Non-Subscription Service Digital Products. Purchased Non-Subscription Service Digital Products (excluding a Digital Membership) do not qualify for refunds because such products are self-study and immediately available after completion of the purchase.
2. Annually Purchased Subscription Service Digital Memberships. Subscription Service Digital Memberships that are purchased on an annual basis may receive a full refund if cancelled within seven (7) days of the purchase date. Please request a full refund by filling out the refund form provided to You by the Membership Policies. Refunding your membership prevents your payment method from being charged in the future. Your access to the membership site and Facebook group will also be removed seven (7) days after your purchase. Refunds, in full or prorated, are not available for Subscription Service Digital Memberships purchased on an annual basis that have been active for more than seven (7) days of the purchase date. Subscription Service Digital Memberships purchased on an annual basis that are not refundable may still be cancelled prior to the next Auto-Renewal term of the Subscription Service as set forth in the Terms of Sale. Please see Membership FAQs to cancel your Membership.
3. Monthly Purchased Subscription Service Digital Memberships. Subscription Service Digital Memberships that are purchased on a monthly basis will not be refunded, in full or prorated. Subscription Service Digital Memberships purchased on a monthly basis may still be cancelled prior to the next Auto-Renewal term of the Subscription Service as set forth in the Terms of Sale. Please see Membership FAQs to cancel your Membership.
4. Subscription Services for Premium Digital Products. Subscription Services for Premium Digital Products, such as our premium newsletter or premium podcast, must be cancelled in accord with the terms of the third partly platform provider, app provider, or in-app store (Substack, Patreon, Apple Podcast, etc.).
5. We reserve the right to modify our Refund Policy at any time.
IX. Your Purchase of Physical Goods.
A. Physical Goods. We may, from time to time, market, promote, and advertise physical goods (collectively, “Physical Goods” or “Physical Goods”) on the Service. These Physical Goods are available to be purchased from authorized third party retailers/distributors and all terms of sale, including without limitation shipping, refunds, and exchanges, are solely governed by the terms of sale of such authorized third-party retailers/distributors. We shall not be responsible for Your purchase of a Physical Good, including without limitation, the availability of, shipping, and/or refund, from any third party.
X. Jillian Turecki Content, Ownership, And Your Limited Authorized Use.
A. Content. The Service may include: designs, text, graphics, images, video, information, logos, button icons, software, audio and/or video recordings, audio and/or video files, multimedia files, pdf files, computer code, digital downloads, and other current or future materials offered or provided by the Service (collectively, “Content”). All Content and the compilation (meaning the collection, arrangement, and assembly) of all Content are the property of Jillian Turecki, or Jillian Turecki’s licensors, and are protected under copyright, trademark, patent, and other applicable laws or treaties. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve
all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy that You make of the Jillian Content for Your personal use pursuant to the license granted by this Agreement.
B. Jillian Turecki Marks. Any trademarks or service marks (whether registered or not), graphics, logos, page headers, icons, scripts, and trade names (each, a “Mark“ and collectively, “Marks”) contained in the Service are proprietary to Jillian Turecki or Jillian Turecki’s licensors. Jillian Turecki’s Marks may not be used in connection with any product or service that is not authorized by Jillian Turecki, nor in any manner that is likely to cause confusion among users or that disparages or discredits Jillian Turecki or anyone else. All other Marks not owned by Jillian Turecki that appear on the Service are the property of Jillian Turecki or Jillian Turecki’s licensors, or other third parties who may or may not be affiliated with, connected to, or sponsored by Jillian Turecki
C. Grant Of Limited License. Jillian Turecki grants You a limited license to access and make personal use of the Service, or Content, Purchased Product, provided that the Service, Content, Purchased Products, or any other online site or channel owned, licensed, or controlled by Jillian Turecki shall not be copied, displayed, distributed, downloaded, posted, reproduced, republished, (other than page caching) sold, resold, transmitted, uploaded, or otherwise exploited for any commercial purpose.
The license granted to You permits You to download the Content or Purchased Product made available to You for Your personal, non-commercial use only, provided that You: (i) keep intact all copyright, trademark and other proprietary rights notices; (ii) do not modify any of the Content or the Purchased Product; (iii) do not use any Content for a commercial use or purpose, including derivative works or ancillary products thereof, or in a manner that suggests an endorsement by or commercial association with the Service, including without limitation a featured product or merchandise, or Jillian Turecki. Your use of the Content in any manner inconsistent with the license granted here is strictly prohibited.
The license granted to You does not permit, and specifically excludes, any rights to: (i) resell or make any commercial use of the Service or the Content, including derivative works or ancillary products thereof; (ii) collect and use any product listings, descriptions, or prices; (iii) download or copy account information for the benefit of anyone else; or (iv) use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose the Content, in whole or in part, or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without Jillian Turecki’s, and each applicable owner’s, express written consent. Any unauthorized use automatically terminates the license granted to You hereunder.
XI. User Contributions, User Contribution License, and User Warranties.
A. Permissible User Contribution. We appreciate hearing from Users of the Service. The Service allows Users to post, submit, publish, display, or transmit to other Users or other persons (collectively, “Post”, “Posts”, “Posted”) comments, questions, or other information (collectively, “User Contribution”) on the Service (e.g. an online Coaching Course discussion) provided however, that the User Contribution is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” (collectively “Permissible”). Users may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any User Contribution.
B. Right To Monitor User Contributions. Jillian Turecki has the right (but no obligation) to monitor, edit or remove any activity or User Contribution involving or Posted by You or any User without notice. We have no responsibility, and assume no liability, for any User Contribution Posted by You or any User.
C. No Confidentiality or Fiduciary Duty. User Contributions, when Posted, are not confidential. Jillian Turecki is not subject to any obligation of confidentiality, fiduciary duty, and will not be liable for any use or disclosure of any User Contribution.
D. User Contribution Content License. When You Post or send to Jillian Turecki Permissible User Contributions, including without limitation creative ideas, suggestions on how to improve or enhance the Service, inventions or materials, whether intentionally or unintentionally, You acknowledge and agree to the following:
1. User Contribution License. You hereby grant to Jillian Turecki a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable, transferable, universal and unlimited license to use the User Contribution, whether text or oral, in any manner whatsoever to use, including without limitation re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform the User Contribution submitted by You, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes, including without limitation derivative works or ancillary products, without any compensation or further notice to You and with or without attribution (the “User Contribution License“). You agree to the User Contribution License whether or not Your User Contribution is used by Jillian Turecki.
E. Permissible Use. You warrant and represent that that the User Contribution Posted by You complies with our standards of Permissible User Contribution (listed above).
F. Warranty of No Harm. You warrant and represent that User Contribution does not violate the right, title and interest of any third party, including without limitation intellectual property, proprietary or moral rights, and the User Contribution is not illegal, obscene, threatening, defamatory, invasive of privacy or is otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
G. General Warranties. You represent and warrant that You are legally authorized to provide Jillian Turecki the User Contribution; that all such User Contribution is accurate; and its use does not violate these Terms or Jillian Turecki’s Privacy Policy.
H. You Indemnify Jillian Turecki. You warrant and agree that You will indemnify and hold harmless Jillian Turecki, including without limitation Jillian Turecki affiliates and licensees, from and against all claims arising out of, resulting from or relating to any such User Contribution provided by You or breach of the warranties provided by You under this Section.
I. Moral Rights. To the extent that any so-called “moral rights,” “neighbouring rights,” or similar or analogous rights apply to any User Contribution, and which are not exclusively owned by Jillian Turecki, You agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
J. Your Ratification of License and Warranties. Each time that You access the Service, or post, or submit a User Contribution, You agree that the User Contribution License is ratified and
confirmed with respect to such User Contribution and all User Contribution previously Posted or submitted to Jillian Turecki by You. Please do not send Jillian Turecki any information or User Contribution that You do not intend to be subject to the User Contribution License described in this Section.
XII. Jillian Turecki’s Monitoring, Enforcement; Removal of User Contributions. A. Jillian Turecki’s Rights Re: User Contributions. Jillian Turecki has the right to undertake the following actions in regard to all User Contributions.
Remove or refuse to post any User Contribution for any or no reason in our sole discretion and without notice to You or any User.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, is not Permissible User Contribution, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Service or the public, or could create liability for Jillian Turecki.
Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, disclose information to a third party if compelled by subpoena or referral to law enforcement for any illegal or unauthorized use of the Service.
Terminate or suspend Your access to all or part of the Service for any or no reason, including without limitation, any violation of these Terms of Use.
Without limiting the foregoing, Jillian Turecki has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Jillian Turecki to disclose the identity of any person or User utilizing the Service or provide the information of any person or User provided to or Posted on or through the Service, including without limitation User Contribution. YOU WAIVE AND HOLD HARMLESS JILLIAN TURECKI, ITS AFFILIATES, LICENSEES, AND THIRD-PARTY SERVICE PROVIDERS, FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY JILLIAN TURECKI DURING, TAKEN AS A CONSEQUENCE OF, OR INVESTIGATIONS BY EITHER JILLIAN TURECKI OR LAW ENFORCEMENT AUTHORITIES.
Jillian Turecki does not undertake to review any or all User Contributions Posted on the Service and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, Jillian Turecki assumes no liability for any action or inaction regarding transmissions, communications, information, or User Contribution provided by any person, User, or third party. We have no liability or responsibility to any person, entity, or other organization for performance or non-performance of the activities described in this Section VII.
XIII. Copyright Infringement Policy.
A. Our Policy re: Alleged Copyright Infringement. Jillian Turecki supports the protection of intellectual property and expect all Users of the Service to comply with the applicable copyright laws of each User’s country. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”), the text of which can be found at the U.S. Copyright Office website: https:// www.copyright.gov/dmca/
B. How to Contact Us. If You think that materials uploaded to or posted on the Service infringe any of Your copyrights, You may contact our designated agent at:
Jillian Turecki, LLC
support@jillianturecki.com
C. What to Include in a Notice of Copyright Infringement. Any notice that alleges materials hosted by or distributed through the Service infringes intellectual property rights must include:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that is alleged to be infringed;
A description of the copyrighted work or other intellectual property that You claim has been infringed;
A description of the material that You claim is infringing and where it is located on the Service;
Your address, telephone number, and email address;
A statement from You that You have a good faith belief that the use of the materials on the Service of which You are complaining is not authorized by the copyright owner, its agent, or the law; and
A statement by You that the information in Your notice is accurate and that, under penalty of perjury, You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
D. Our Response to Notice of Copyright Infringement. If we receive a proper notification of claimed copyright infringement, then our response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the User’s account. We will terminate (without notice) the accounts of Users that it finds are “repeat infringers,” which is a User who has been notified of infringing activity more than twice or has had infringing User Contribution removed from the Service more than twice.
E. Advice of Legal Counsel. If You are not sure if copyright laws protect the material, we suggest that You first contact an appropriately licensed attorney to assist You.
XIV. Your Obligations Limitations, And Prohibitions Of These Terms.
A. You agree to use the Service solely as intended through the provided functionality and as permitted under these Terms. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. In addition, You must comply with the following:
B. Unless expressly permitted in these Terms, You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service without our prior express written authorization.
C. You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service designed to control the manner in which the Service, or Content from the Service, is used, harvested or mined, or otherwise access or use the Service in a manner inconsistent with individual human usage.
D. You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service, including any of our Content available on or through the Service.
E. You agree that You shall not to use, display, distribute, duplicate, edit, modify, reproduce, publish, stream or transmit, or otherwise exploit the Service, Content from the Service, any
commercial purpose, whether for Your own benefit or that of a third party, without our express consent that shall include an executed license agreement with Jillian Turecki. F. You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service, including any of our Content available on or through the Service.
G. You agree not to provide any false personal information to us or create a false identity or impersonate another person or entity in any way.
H. You agree not to create a new account on the Service without our prior express written consent, if we have previously discontinued Your use or account to the Service.
I. You agree not to gain unauthorized access to the Service, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service.
J. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
K. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers. L. You agree not to violate any applicable federal, state or local laws or regulations or these Terms. M. You agree not to use the Service, or Content from the Service, to build a competitive product or service.
N. You agree not to use the Service, or Content from the Service, for Your own or another’s commercial use or economic gain.
O. You agree not to permit or assist any persons engaging in any of the activities described above. P. A breach of these restrictions may subject You to prosecution and damages, as well as liability for infringement of intellectual property rights.
XV. Consequences Of Violating These Terms.
A. If You do not accept and/or comply with these Terms, we may prohibit Your use of the Service. We reserve the right to suspend or terminate Your account and prevent You from accessing the Service for any reason, at our sole discretion.
B. We reserve the right to refuse to provide the Service to You in the future. C. You are responsible for any claims, fees, fines, penalties, and other liability incurred by You or by others caused by or arising out of Your breach of these Terms and/or Your Use of the Service.
XVI. Suspension Of Service. We may change, suspend, or discontinue any aspect of the Service at any time, including hours of operation or availability of the Service, without notice or liability to You.
XVII. Third-Party Content.
A. Third-Party Links. The Service may include links to third-party content including without limitation external sites and applications owned or controlled by third parties, including but not limited to social media platforms or news service providers. You are responsible for evaluating whether You want to access or use them. We are not responsible for and do not endorse any features, content, advertising, products, or other materials on other websites or applications. You assume all risk and we disclaim all liability arising from Your use of them.
B. Third-Party Disputes. We are not responsible or liable for any disputes or disagreements between You and any third-party in connection with Your use of the Service. You assume all risks associated with dealing with these third parties, and You release Jillian Turecki of all claims, demands, and damages in connection with these disputes. You also agree to resolve disputes directly with these third parties and not to involve us in these disputes.
XVIII.
Disclaimers, Limitation of Liability, Release, Indemnification.
A. Disclaimer of Use of The Service. You use the Service at Your own risk. We make no warranties or guarantee about the accuracy, reliability, completeness, or timeliness of the Service, the Content, data from third-party service providers, or the quality or nature of third-party products or services obtained or accessed through the Service.
B. Definition of Released Parties. “Released Parties” include without limitation Jillian Turecki, its shareholders, directors, officers, employees, independent contractors, agents, partners, affiliates, licensors, and successors.
C. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK, AND THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE WILL BE CORRECTED; AND (C) ANY MATERIAL THAT YOU DOWNLOAD OR OTHERWISE ACCESS ON OR THROUGH THE SERVICE IS DOWNLOADED OR ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER DEVICE OR THE LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY SUCH MATERIAL.
D. Disclaimer of Specific Results. We make no promises and disclaim all liability of specific results from Your use of the Service or the Content.
E. Disclaimer of Liability. We are not liable for anything that happens to You that somehow may be connected to Your use of the Service or the Content. If You use the Service in a way that causes the Released Parties to be included in litigation, You agree to indemnify the Release Parties as set forth below.
F. Release from Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE OR THE CONTENT; OR (ii) ANY OTHER MATTER RELATING TO THE SERVICE OR THE CONTENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS IN THIS PARAGRAPH MAY NOT APPLY TO YOU. TO THE FULLEST EXTENT POSSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES’ MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE OR YOUR USE OF THE SERVICE OR THE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED THE AMOUNT OF YOUR PURCHASE IN THE AGGREGATE.
G. Indemnification. You agree to defend, indemnify, and hold harmless any or all of the Released Parties from and against any claims, actions, or demands, including without limitation reasonable legal and accounting fees, resulting from Your use or reliance on the Service, the Content, or Your breach of these Terms. We will provide notice to You promptly of any such claim, suit, or proceeding. Your use of the Service or the Content grants the Released Parties the right to participate in any mediation or settlement action with representation of counsel, including counsel of our own, and the right to consent in advance to any settlement agreement and the terms thereof.
XIX. Resolution of Disputes: Small Claims Court, Binding Arbitration Agreement. PLEASE READ THIS SECTION CAREFULLY BECAUSE IT BINDS YOU AND JILLIAN TURECKI TO ARBITRATE CERTAIN CLAIMS AND DISPUTES AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND JILLIAN TURECKI FROM LITIGATING A DISPUTE IN A COURT OF LAW. YOU AND JILLIAN TURECKI AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.
A. You and Jillian Turecki agree that any dispute, claim, or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Services, including any claims related to privacy or data security (collectively, “Disputes”) will be settled by binding arbitration under the terms of this arbitration agreement (this “Arbitration Agreement”), except that each party retains the right: (a) to bring an individual action in the small claims court of Miami-Dade County in the state of Florida for Disputes for claims within the jurisdictional amount of $8,000.00 or less excluding attorney’s fees and costs, so long as such as small claims action is not removed or appealed to a court of general jurisdiction; and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
B. You agree that, by entering into this Arbitration Agreement, You and Jillian Turecki are each waiving (i) the right to participate in a class action, class arbitration, or other representational proceeding; (ii) the right to remove or appeal any small claims action to a court of general jurisdiction; and (iii) the right to trial by jury to the fullest extent permitted by applicable law.
C. Subject to Section XXI below, this Arbitration Agreement applies to Disputes based on events or activities that occurred prior to the Last Updated date indicated at the top of these Terms. D. This Arbitration Agreement shall survive termination of this Agreement.
E. These Terms herein affect interstate commerce, and the enforceability of this Section XIX will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.
F. Information Resolution Prior To Filing A Small Claims Action or Commence Arbitration. Before either party may commence a small claims action or arbitration, the parties agree to attempt in good faith to resolve the Dispute informally via the following process:
If You assert a Dispute against Jillian Turecki, You will first contact us by sending a written notice of your Dispute by certified registered mail addressed to Jillian Turecki, LLC, 1022 Boulevard #282, West Hartford, CT 06119, or by email to support@jillianturecki.com. Your notice must (i) include Your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. If Jillian Turecki asserts a Dispute against You, we will first contact You by sending a written notice of Jillian Turecki’s Dispute to You via email to the primary email address associated with Your account. Our notice must (i) include the name of a Jillian Turecki contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Each such notice described in this paragraph, whether sent by You or Jillian Turecki (a “Notice”).
During the sixty (60) calendar days of Your or Jillian Turecki’s receipt of Notice (the “Informal Resolution Period”), which may be extended another sixty (60) days upon written consent of both parties, You and Jillian Turecki agree to try to informally resolve the Dispute through good faith settlement discussions with each other or by counsel, if represented, and if necessary, participating in a settlement conference, whether in person or virtually, at the mutual convenience of both parties.
If You and Jillian Turecki cannot informally resolve the Dispute during the Informal Resolution Period or the extended Informal Resolution Period, then for Disputes less than or up to the small claims jurisdictional limit of $8,000.00 excluding attorney’s fees and costs, either party may file a small claims action; for Disputes over $8,000.00 excluding attorney’s fees and costs, either party may submit the Dispute to binding arbitration as set forth below.
The statute of limitations and any filing fee deadlines shall be tolled for sixty (60) days from the date that either you or Jillian Turecki first send the applicable Notice, so that the parties may seek to informally resolve the Dispute.
G. Arbitration Rules: The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and will be resolved through binding arbitration before one arbitrator. If you are a consumer, the arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules & Procedures and the Expedited Procedures, which are available on JAMS’ website (jamsadr.com). The applicable arbitration rules are amended by these Terms as follows:
YOU AND JILLIAN TURECKI AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND JILLIAN TURECKI EACH WAIVER THE RIGHT TO A JURY TRIAL; CLASS ARBITRATIONS, CLASS ACTIONS, AND ANY REPRESENTATIONAL PROCEEDING ARE NOT PERMITTED, AND YOU AND JILLIAN TURECKI ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIONAL PROCEEDING IN CONNECTION WITH THE DISPUTE. The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated Disputes are asserted against Jillian Turecki or You by the same or coordinated counsel, may not consolidate more than one individual’s Disputes, preside over any type of class or representative proceeding (e.g. private attorney action), or preside over any proceeding involving more than one individual.
Payment of Filing Fee. The party that initiates arbitration will pay the applicable arbitration filing fee. Arbitration Process. The arbitration shall be resolved by the submission of arbitration briefs alone without the presentation of live witness testimony, and (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by You or by Jillian Turecki that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and
other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination should be made by the JAMS or by the arbitrator.
Exchange of Information. If You or Jillian Turecki submits a dispute to arbitration and the arbitrator orders any exchange of information, You and Jillian Turecki agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, or other materials that might be exchanged or the subject of discovery in the arbitration. You and Jillian Turecki agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration. The arbitrator has exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
5. Requirement of Individualized Relief. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual Dispute before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Confidentiality. Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Parties to bear their own Attorney’s Fees and Arbitration Costs. Unless otherwise provided by applicable law, the parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator awards sanctions or finds that either the substance of the claim, the defense, or the relief sought is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11 (b)).
Enforceability, Severance. If any portion of this Section XIX is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section XIX or the parties’ ability to compel arbitration of any remaining Disputes on an individual basis pursuant to this Section XIX; and (iii) to the extent that any Disputes must therefore proceed on a class, collective, consolidated, or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those Disputes will be stayed (and statutes of limitations tolled) pending the outcome of any individual Disputes in arbitration. Further, if any part of this Section XIX is found to prohibit an individual Dispute seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section XIX will be enforceable.
Changes. Notwithstanding the provisions of Section XXI below, if Jillian Turecki changes this Arbitration Agreement as set forth herein after the date you first accepted these Terms (or accepted any subsequent changes to these Terms), you may reject any such change by sending us written notice (including by email to support@jillianturecki.comwithin thirty (30) calendar days of the date such change became effective, as indicated in the “Updated” date above or in the date of Jillian Turecki’s email to You notifying You of such change. In order to
be effective, the rejection notice must include your full name, mailing address, email address, state in the subject line “Rejection of Changes to Arbitration Agreement in Section XIX”, and clearly indicate Your intent to reject changes made to this Section XIX. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Jillian Turecki in accordance with the terms and conditions of the Arbitration Agreement in Section XIX that you previously agreed to. If the Terms are otherwise modified, without changing this Section XIX, You agree that modification will not create a new right to opt out of this Arbitration Agreement.
XX. Governing Law and Venue: These Terms and any action related thereto will be governed by the laws of the State of Florida without regard to its conflict of laws provisions. If any Dispute is not subject to arbitration or cannot be heard in small claims court, then the state and federal courts located in the State of Florida will have exclusive jurisdiction and venue in or near Miami-Dade County. You and Jillian Turecki agree to the personal jurisdiction of the State of Florida and waive any objection to venue in any such courts.
XXI. Changes to These Terms: We may make changes to these Terms by notifying You of the changes, including by posting the revised Terms on the applicable Services or providing additional notice (like by email or via in-service message). For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted. Except as specified in Section XIX (8) above, disputes arising under these Terms will be resolved in accordance with the version of these Terms in place at the time the dispute arose. Unless we indicate otherwise in our notice, Your use of the Services following the effective date of any changes to these Terms will constitute Your acceptance of such changes. If You do not agree to the updated Terms, you should terminate Your account and stop using the Services.
XXII. General Terms.
A. These Terms, Privacy Policy and Arbitration Agreement constitute the entire agreement between You and Jillian Turecki concerning Your use of the Service and the Content, and supersedes any prior or contemporaneous agreements, whether oral or written.
B. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or of the Terms as a whole.
C. If any provision of these Terms is found by a court of competent jurisdiction or arbitration to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties’ intentions as reflected in the provision, and the other provisions of these Terms will remain in full force.
D. The Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
E. Jillian Turecki may freely assign these Terms. You may not assign these Terms and You hereby waive any notice of assignment by Jillian Turecki.
F. Except as otherwise expressly provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
G. You agree that communications and transactions between us may be conducted electronically. H. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at 1(800) 952-5210.
XXIII. Contacting Jillian Turecki.
A. Please contact us with any questions about these Terms by:
Email to Jillian Turecki at: support@jillianturecki.com
B. Written mail or delivery to Jillian Turecki at:
Jillian Turecki, LLC, 1022 Boulevard #282, West Hartford, CT 06119