Terms of Use
Your access to and use of the Jadah Sellner website is governed by the terms and conditions of this terms of use agreement.
By accessing or using the Site, you accept and agree to be bound by the Terms of Use, which may change from time to time. If you do not agree to the Terms of Use, you should not access or use our Site. If you do not comply with the Terms of Use, we reserve the right to terminate your password, user account, and/or access to this Site or any part thereof.
ACCESS AND USE
Your use of the Site is intended for personal, non-commercial use only. In accessing or using the site, you agree to comply with all applicable federal, state, and local laws. Except as expressly permitted by the Terms of Use or any other applicable Jadah Sellner agreement or terms, you agree that you will not use, reproduce, distribute, publicly display, publicly perform, publish, transmit, create derivative works from, or otherwise unlawfully use Jadah Sellner’s Content.
If you purchase downloadable Content or access free downloadable Content from the Site, your access and use to such material is limited to personal, non-exclusive, non-commercial, non-assignable, non-transferrable use only.
COMMUNITY GUIDELINES
Jadah Sellner’s community, like any community, functions best when its users follow a few simple rules. By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
You will comply with all applicable laws in your use of the Websites and will not use the Websites for any unlawful purpose;
You will not upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or is
- defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
You will not “stalk,” threaten, or otherwise harass another person;
You will not spam or use the Websites to engage in any commercial activities;
If you post any Registered User Content, you will stay on topic;
You will not access or use the Websites to collect any market research for a competing business;
You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
You will not interfere with or attempt to interrupt the proper operation of the Websites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Websites through hacking, password or data mining, or any other means;
You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Websites;
You will not use any robot, spider, scraper, or other automated means to access the Websites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Websites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Websites, or any portion of the Websites, without notice, and to remove any content that does not adhere to these Community Guidelines.
INTELLECTUAL PROPERTY
Jadah Sellner owns the content on the Site, including, but not limited to content, products, services, text, photographs, illustrations, images, designs, graphics, files, information, instructions, recipes, printables, downloadable publications, sounds, music, videos, advertising copy, website layout and website “look and feel,” design, functions and software (collectively, “Content”), any and all derivative works or enhancements of the Content, the compilation, assembly and arrangement of the copyrightable material on the Site, and all intellectual property rights to the Content, including derivative works, enhancements, compilations, assembly and arrangements of the same, unless otherwise expressly stated on the Site. By accessing or using the Site and/or Content, you do not acquire any right, title or interest in the Site or the Content.
You may not copy, distribute, publicly perform, publicly display, digitally perform, or create derivative works from any copyrighted work available or accessible on the Site without our express permission.
Nothing in the Terms of Use shall be construed as granting any license or right to use Jadah Sellner’ trademarks, service marks, logos, slogans or taglines displayed on the Site.
EARNINGS DISCLAIMER
The information presented in this Website is intended to be for your educational and entertainment purposes only. We are not presenting you with a business opportunity. We are not presenting you with a distributorship. We are not making any claims as to income you may earn. We are not presenting you with an opportunity to get rich.
Before embarking on any endeavor, please use caution and seek the advice your own personal professional advisors, such as your attorney and your accountant.
Where income figures are mentioned (if any), those income figures are anecdotal information passed on to us concerning the results achieved by the individual sharing the information. We have performed no independent verification of the statements made by those individuals. Please do not assume that you will make those same income figures.
Please do not construe any statement in this website as a claim or representation of average earnings. There are NO average earnings. Testimonials and statements of individuals are not to be construed as claims or representations of average earnings. We cannot, do not, and will not make any claims as to earnings, average, or otherwise.
Success in any endeavor is based on many factors individual to you. We do not know your educational background, your skills, your prior experience, or the time you can and will devote to the endeavor.
Please perform your own due diligence before embarking on any course of action. Follow the advice of your personal qualified advisors. There are risks in any endeavor that are not suitable for everyone. If you use capital, only “risk” capital should be used.
There is no guarantee that you will earn any money using any of the ideas presented in our in materials. Examples in our materials are not to be interpreted as a promise or guarantee of earnings. 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. No guarantee is made that you will achieve any result at all from the ideas in our material.
You agree that we will not share in your success, nor will we be responsible for your failure or for your actions in any endeavor you may undertake. Please understand that past performance cannot be an indication of possible future results.
Materials in our product and our website 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 potential earnings or financial performance. Any and all forward looking statements in our materials are intended to express our opinion of earnings potential. They are opinions only and should not be relied upon as fact.
FEES AND PAYMENTS
As consideration for any purchase you make on the Websites, you shall pay Jadah Sellner Media all applicable fees and taxes. We (or our third-party payment processor) shall authorize your credit card, bank account, or other approved payment facility you provided during the registration process for the full payment of the fees and any applicable taxes, and you hereby consent to the same. If the mailing address you provided us is in the United States, all payments will be charged and made in U.S. dollars. If the mailing address you provided us is outside the United States or any of its possessions or territories, all payments will be charged and made in your local currency.
You must provide current, complete, and accurate billing and credit card information. You must promptly update all billing information (such as billing address, card number, and expiration date) to keep your account current, complete, and accurate, and you must promptly contact us if your credit card is lost or stolen, or if you become aware of a potential breach of account security (such as an unauthorized disclosure or use of your Sign-In Name or Password). You hereby authorize Jadah Sellner Media to obtain or determine updated or replacement expiration dates for your credit card in the event that the credit card you provided us expires. We reserve the right to charge any renewal card issued to you to the same extent as the expired card. If payment is not received from your credit card issuer, you hereby agree to pay all amounts due upon demand. You agree to pay all costs of collection, including attorney’s fees and costs, on any outstanding balance. In certain instances, the issuer of your credit card may charge you a foreign transaction fee or related charges, which you will be responsible to pay. You are advised to check with your bank and credit card issuer for details.
Terms and Conditions of Sale
A. Products. Our products, including digital publications, are delivered to you in an e-mail containing a link to a downloadable portable document format (PDF) file. The download link is active for five clicks. After five clicks, the link will no longer work. We recommend saving the PDF after downloading it so that you may access the PDF anytime after your purchase without relying on the download link. We do not re-issue download links after link expiration. If your download link expires, you will need to re-purchase the product for a new download link.
You may need the Adobe Reader® software or Adobe Reader® mobile app in order to access the PDF. The file is also readable in iBooks. For more information on accessing our digital products, please visit our FAQ.
B. Pricing. All products listed on the Site and their descriptions, including pricing, are subject to change. Jadah Sellner reserves the right to modify, suspend or discontinue the sale of any product at any time with or without notice. If a product is listed with an incorrect price or with incorrect information, we shall have the right to decline or cancel your order prior to acceptance of your order. If you have already submitted payment for your order, we will issue a refund to your credit card or PayPal account.
C. Payment Terms. You agree to pay the price applicable for each product as of the date and time you submitted your order on the Site. We accept Visa, Mastercard, Discover and American Express credit card payments or payments made through PayPal or Stripe.
D. Product Return Policy. Jadah Sellner does NOT accept returns or provide exchanges or refunds for purchased digital products or publications – no exceptions. We do NOT re-issue download links after link expiration. If your download link expires, you will need to re-purchase the product for a new download link.
E. Shipping Policy. We deliver our products as a digital download sent to your e-mail address. By submitting your e-mail address to us, you authorize us to deliver the digital download(s) and/or a link to the digital download(s) you have purchased to that e-mail address. We do not ship physical products at this time.
REGISTERED USER CONTENT; LICENSES
As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT JADAH SELLNER, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.
You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Websites, Jadah Sellner Media, and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.
If you submit Registered User Content to us, each such submission constitutes a representation and warranty to Jadah Sellner Media that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by Jadah Sellner Media and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.
COMMUNICATIONS WITH US
Although we encourage you to email us, we do not want you to, and you should not, email us any content that contains confidential information. With respect to all emails and communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you.
California Consumer Rights Notice
California users of the Site are entitled to the following consumer rights notice pursuant to California Civil Code Section 1789.3:
If you have a question or complaint about Jadah Sellner, our products, or our Site, please contact us via phone at , e-mail at hello@jadahsellner.com, or in correspondence sent to our mailing address at 1630 N. Main Street, Suite #201, Walnut Creek, CA 94596, United States. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer affairs via telephone at (800) 952-5210 or (916) 445-1254 or via mail to Department of Consumer Affairs, Consumer Information Division, 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834.
LIMITATION OF LIABILITY
You agree that your access and/or use of the site and/or its content is at your own risk. You agree that Jadah Sellner and its officers, directors, employees, parents, partners, successors, agents and affiliates will not be liable for any indirect, incidental, consequential or special damages in connection with these terms of use, the site, the site content, or Jadah Sellner’s products, regardless whether such damages were foreseeable. In no event shall the cumulative liability of Jadah Sellner and its officers, directors, employees, parents, partners, successors, agents and affiliates exceed the greater of the total payments made by you to Jadah Sellner in the preceding six (6) month period or fifty dollars ($50). These limitations of liability shall apply to the fullest extent permitted by law. In some jurisdictions, these limitations of liability are not permitted and may not apply to you.
INDEMNIFICATION
You agree to defend, indemnify and hold harmless Jadah Sellner and its officers, directors, employees, parents, partners, successors, agents and affiliates from and against any and all claims, liabilities, losses, damages, obligations, costs and expenses, including reasonable attorneys’ fees and costs, arising out of, related to or that may arise in connection with your access to our use of the Site or its Content and/or any actual or alleged violation or breach by you of Jadah Sellner’s Terms of Use.
DISCLAIMER OF WARRANTY
You understand and agree that the site, its content, and the information, materials and products are provided on an “as is” basis and “as available” basis without any warranties or representations of any kind, express, implied or statutory, including, but not limited to, warranties of title, non-infringement, implied warranties of merchantability or fitness for a particular purpose, accuracy, reliability, completeness, currentness, or timeliness of the content provided on the site. You agree that you are solely responsible for any damage to your computer system or loss of data that may result from accessing, using or downloading any material or product from Jadah Sellner or the site. We do not guarantee the security of any information transmitted to or from the site or that your use or access to the site, its content, or Jadah Sellner’s products will be error-free or virus free. These disclaimers of warranty shall apply to the fullest extent permitted by law. In some jurisdictions, these limitations of warranties are not permitted and may not apply to you.
BINDING ARBITRATION
In the event of a dispute arising under or relating to this Agreement, the Content, or the Websites (each, a “Dispute”), either party may elect to finally and exclusively resolve the dispute by binding arbitration governed by the Federal Arbitration Act (“FAA”). Any election to arbitrate, at any time, shall be final and binding on the other party. IF EITHER PARTY CHOOSES ARBITRATION, NEITHER PARTY SHALL HAVE THE RIGHT TO LITIGATE SUCH CLAIM IN COURT OR TO HAVE A JURY TRIAL, EXCEPT EITHER PARTY MAY BRING ITS CLAIM IN ITS LOCAL SMALL CLAIMS COURT, IF PERMITTED BY THAT SMALL CLAIMS COURT RULES AND IF WITHIN SUCH COURT’S JURISDICTION. ARBITRATION IS DIFFERENT FROM COURT, AND DISCOVERY AND APPEAL RIGHTS MAY ALSO BE LIMITED IN ARBITRATION. All disputes will be resolved before a neutral arbitrator selected jointly by the parties, whose decision will be final, except for a limited right of appeal under the FAA. The arbitration shall be commenced and conducted by JAMS pursuant to its then current Comprehensive Arbitration Rules www.adr.org and Procedures and in accordance with the Expedited Procedures in those rules,or, where appropriate, pursuant to JAMS’ Streamlined Arbitration Rules and Procedures. All applicable JAMS’ rules and procedures are available at the JAMS website www.jamsadr.com. Each party will be responsible for paying any JAMS filing, administrative, and arbitrator fees in accordance with JAMS rules. Judgment on the arbitrator’s award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. The arbitration may be conducted in person, through the submission of documents, by phone, or online. If conducted in person, the arbitration shall take place in the United States county where you reside. The parties may litigate in court to compel arbitration, to stay a proceeding pending arbitration, or to confirm, modify, vacate, or enter judgment on the award entered by the arbitrator. The parties shall cooperate in good faith in the voluntary and informal exchange of all non-privileged documents and other information (including electronically stored information) relevant to the Dispute immediately after commencement of the arbitration. As set forth in Section 18 below, nothing in this Agreement will prevent us from seeking injunctive relief in any court of competent jurisdiction as necessary to protect our proprietary interests.
CLASS ACTION WAIVER
You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
TERMINATION
Your sole right with respect to dissatisfaction with the Site, Content or the Terms of Use is to stop accessing or using our Site or Content. We reserve the right to terminate, suspend or block your access to the Site and/or its Content at any time for any reason in our sole discretion. Any termination, suspension or restriction shall not affect your obligations under the Terms of Use and the provisions of the Terms of Use, including your obligations and agreements under the Terms of Use, such as the provisions relating to intellectual property, licenses, limitations of liability, or payment, for example, shall survive such termination, suspension or restriction.
CHOICE OF LAW, JURISDICTION, VENUE
These Terms of Use shall be construed in accordance with the laws of the State of California, without regard to its conflict of laws rules. You agree to the exclusive jurisdiction and venue of the state and/or federal courts located in Alameda County, California, and any action or proceeding, in law or in equity, arising out of the Terms of Use must be brought in the state or federal courts of Alameda County, California.
MISCELLANEOUS TERMS
The Terms of Use and our Privacy Policy constitute the entire understanding and agreement between you and Jadah Sellner. We may assign our rights and obligations under the Terms of Use. The Terms of Use will insure to the benefit of our successors, assigns and licensees. You may not assign, transfer or sublicense any or all of Jadah Sellner’s rights or obligations or your rights or obligations under the Terms of Use. If any provision of the Terms of Use is found to be unenforceable, void or unlawful, then that provision shall be deemed severable from the Terms of Use and the remaining Terms of Use provisions shall remain in full force and effect.
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