BY VISITING JENFIELDMAN.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.

Last Updated July 7, 2022

Overview

The terms “we”, “us”, “our” “I,” and “Jen Fieldman” refer to Jen Fieldman LLC. The term “Site” refers to jenfieldman.com and all sites connected with Jen Fieldman LLC™. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site. I know you’re special, but for legal purposes everyone here is generic.

Jen Fieldman LLC provides a website where users can read articles on entrepreneurship and business practices, and services where users may purchase coaching services and products  (the “Service”).

Use of Jenfieldman.com, including all materials presented herein and all online services provided by Jen Fieldman LLC (“JF LLC”), is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service and/or ordering a product from the Site, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Site + Service

To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site.

Information provided on the Site and in the Service related to entrepreneurship and business practices  and other information are subject to change. JF LLC makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. JF LLC disclaims all liability for any inaccuracy, error or incompleteness in the Content.

Account Creation

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to JF LLC 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.

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 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 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.

Refusal of Service

JF LLC reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. JF LLC reserves the right to limit the number of clients or participants in any given service, class, or workshop. JF LLC may at any time change or discontinue any aspect or feature of the Site or Service.

Order Confirmation

We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.

If you have submitted a deposit or payment in full for a service, JF LLC has the exclusive right to deny service if deemed necessary. If service is denied, a refund will be provided in full.

Cancellations, Refunds & Returns

Any cancellations of coaching services are subject to the terms of the separate coaching contract.

All digital sales are final. Once you download a digital product, or order a digital service, you really can’t return it, you know? So all digital sales are final. Thanks for not being one of *those* people! If you’re totally not sure if something would be a good fit for you, absolutely email me at jen@jenfieldman.com anytime and ask all the questions you’d like.

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, because we might not have drank enough coffee the day we published something. We reserve the right to refuse or cancel any order with an incorrect price listing.

Use of Free Materials or Content

A. At times you may be offered a free download or printable, as a gift or opt-in offer, in exchange for your name and email address. Should you choose to download or print this material, you understand this is to be used for your personal, non-commercial use only, and is not to be copied, edited, distributed, or otherwise shared in any way other than in its original form. Should you choose to share the material, you agree and understand that you will provide Jen Fieldman LLC with credit, will not hold the material to be your own, or otherwise attempt to make any sort of gain (financial or otherwise), from our materials.

Disclaimer

A. The purpose of the Website is solely to provide educational information to those wishing to view it. Any Content on Website, or Content you receive because of your decision to opt-in to our email list has been created solely for educational and informational purposes. We cannot and do not guarantee any type of specific results, outcomes, changes, or gains through use of our Website, programs, or packages contained therein, whether legal, financial, medical, or otherwise, nor are we making any guarantees regarding the success of your business, any coaching program, or any results stemming therefrom. You understand and agree to this, and acknowledge that your use of any information contained herein is purely voluntary.

B. You also understand and acknowledge that we are not doctors, lawyers, therapists, psychics, accountants, nurses, counselors, nor do we claim to provide any such advice that should be obtained from a medical, or other professional after evaluating your specific situation, issue, or business. Nothing contained on this Website or within any product or service found herein is intended to take the place of a consultation with any such professional.

C. You understand and agree that the Website and the Content and Products produced are not to be relied upon in any way as medical, legal, financial, or business advice. Nothing on this Website, in our products, nor anything distributed via email is intended to take the place of professional advice received via a consultation with a doctor, nurse, lawyer, accountant, therapist, financial advisor, business consultant, or other expert regarding the details of your specific business or life. You are encouraged to consult with your own professionals for any questions you may have regarding your particular business or situation regarding legal, business, medical, or financial questions, or any similar professional that may address your own individual situation.

D. Your decision to visit our Website, use information contained herein, and purchase products we offer is purely voluntary, and you understand we are not responsible or liable for any harm or damage to you or your business resulting from direct or indirect use of materials or content contained on our Website. You agree to hold The Maria Henning Coaching Services harmless from any damages directly or indirectly resulting from your use of Content or products/services on our Website or distributed through email, and agree you will not make any claims against us or the company herein.

Material You Submit to the Site

You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify JF LLC from any claim against JF LLC resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.

JF LLC reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.

Intellectual Property Rights to Your Materials

JF LLC does not claim ownership of Material you supply to JF LLC. However, the act of posting Material to the site conveys an irrevocable, worldwide license to JF LLC to use and distribute the posted Material in connection with JF LLC’s website and any related JF LLC publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to JF LLC, you agree to hold JF LLC harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.

Our Intellectual Property

All content provided on the Site and in the Service are the intellectual property of JF LLC. 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. We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy.

Affiliate Disclaimer

The purpose of this website is to be educational. There are a lot of ideas here, and there are also a lot of suggestions for tools, websites, and advice on entrepreneurship and business practices. Some of the links to these tools and websites are regular links. And some of these links are links that, if you click them and purchase, I might get a commission in exchange. Everyone likes making some extra cash, right? Rest assured, these are only products or services I actually use and wholeheartedly recommend – you won’t find any affiliate links for pepperoni or a funding campaign for my cousin’s next-door neighbor’s sister-in-law’s screenwriting project.

Changed Terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Information You Provide

A. In order to gain access to our email list, you may be required to provide information about yourself, including your name, email address, and other personal information. In order to purchase products or services, you will also be required to submit payment information (we accept Visa, Mastercard, American Express, Discover, and PayPal) and a billing address, and may be asked to create a username and password to gain access to your purchased materials. Please note you are responsible for keeping track of your username and password, and understand that you bear the consequences should you choose to share this confidential information with anyone.


B. You acknowledge and understand that any information provided to us is done so on a purely voluntary basis. By choosing to provide us with this information, you agree and represent that any information provided to us through the Website or a third-party payment processor will be accurate and current, and belong to you. You understand you may not hold yourself out as someone else or use anyone else’s information, and agree to bear the consequences should you use anyone else’s information as your own.

C. You also agree that you are to remain financially responsible for any purchases made through our Website by you, or by another person acting on your behalf, regardless of the information provided at checkout. Should information become available at a later date confirming you performed unauthorized use of a credit card or other payment information belonging to someone other than yourself, you understand and agree that you alone remain financially responsible for purchases made through our Website.

Online Purchases

A. You understand that should you elect to make a payment through our website, information obtained during your purchase, including name, address, credit card information, method of payment, billing information, and other personally identifiable information may be collected by us, as well as our payment processing company.

B. You also understand and agree that any information provided by you is true and accurate, to be relied upon by us and our team in processing payment and delivering our products to you. Should your payment fail to process, we reserve the right to withhold the purchased product from you unless and until payment is properly rendered.

C. Limitations of Liability: We will take reasonable precautions and measures to keep this information private. While we will attempt to monitor and resist any third party hacking or third party ability to gain access to confidential information held by us, you agree and understand we are not liable for any unauthorized access to or use of your information or property, regardless of negligence, failures, tort, breach of implied or express contract, or any other causes of action or legal theories of liability, even if such theories could have been foreseeable or preventable, or if we were made aware of such a possibility. Our limitations of liability extend to the fullest possible extent permitted by law, and in no event shall total liability exceed $500 to any one person or collective plaintiffs.

D. You also acknowledge and agree that we have no responsibility or liability for policies of third party payment processing companies we select and use to facilitate purchases through our Website. When you make a purchase on our Website, please note you may also be subject to the terms and conditions, policies, and/or guidelines of the payment processing company, in addition to ours. For more information, we encourage you to visit the website of the payment processing company, and read their policies and terms and conditions as well. You agree to release us as well as the payment processing company we choose from any damages you incur as a result of this process, and agree not to file or assert any claims against us or the payment processing company arising from your purchase of a product through our Website.

E. We reserve the right to refuse any order placed through the Website, for any reason. We may, in our sole discretion, limit or cancel quantities purchased per person, per household, or per order. These restrictions may include orders placed by or under the same customer account, the same payment method, and/or orders that used the same billing or shipping address. We reserve the right to limit or prohibit orders that appear to be placed by resellers, distributors, false accounts, spam accounts, or any other accounts which otherwise raise a red flag or appear fraudulent, regardless of whether or not they actually are.

F. If do you make a purchase, you will also be subject to all terms associated with the program, membership, or product you purchased, which shall be the operating and controlling document between you and Jen Fieldman LLC as it relates to the program, membership, or product you purchase. If you have any questions regarding the program, membership, or product you purchased, please refer to any corresponding Terms of Use or Client Agreements, or reach out to us at jen@jenfieldman.com and we will be happy to provide you with a copy.

G. You are entirely responsible for maintaining the security and confidentiality of your account and password. FURTHERMORE, YOU ARE ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT ARE CONDUCTED THROUGH YOUR ACCOUNT. You agree to notify Jen Fieldman LLC immediately of any unauthorized use of your account or any other breach of security. Jen Fieldman LLC will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you may be held liable for any losses incurred by Jen Fieldman LLC or another party due to someone else using your account or password.

Limitation of Liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, JF LLC is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) 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 JF LLC 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 JF LLC’s cumulative liability to you exceed the total purchase price of the Service you have purchased from JF LLC, and if no purchase has been made by you JF LLC’s cumulative liability to you shall not exceed $100.

Third Party Resources

The Site and the Service 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 HOM. 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 and Conditions, or any use by you of the Site or Service. 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.

Effect of Headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Waiver

No waiver of any of the provisions of this Agreement by JF LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by JF LLC.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:

Governing Law and Dispute Resolution

This Agreement shall be governed by and interpreted under the laws of the State of Minnesota. If any dispute, controversy or claim arises between the Parties with respect to this Agreement or any future amendment to this Agreement, the Parties will submit the matter for mediation before a mutually agreed upon mediator. If the Parties cannot agree on a mediator, the matter will be heard by a mediator appointed through the Minnesota Mediation Center or similar service if Minnesota Mediation Center no longer exists. If mediation does not result in agreement, the Parties agree to Minnesota state courts in Hennepin County, Minnesota, as the venue for any litigation regarding this

Agreement, including the rights and obligations of any party to this Agreement.

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 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 and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub license-able or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.

That’s all. Phew.