Website Terms and Conditions of Use

Terms and Conditions of Use

The use of this site is governed by the Policies, terms, and conditions set forth below (“Terms and Conditions of Use”). PLEASE READ CAREFULLY. Your use of the website indicates your acceptance of the Terms and Conditions of Use. Your submission of any personal information to Financial Coach Jess and/or the website indicates acceptance of these Terms and Conditions of Use. The Terms and Conditions of Use will supersede any subsequent terms or conditions signed by Financial Coach Jess. Financial Coach Jess reserves the right to change this website and these Terms and Conditions of Use at any time.

This Website is owned and operated by Financial Coach Jess (“Website Owner”). As user of this website and any service it provides you agree to be bound by these Terms and Conditions of Use.

Copyright and Trademark Notice

All information and intellectual property provided by Financial Coach Jess will continue to be the exclusive intellectual property of Financial Coach Jess. This online interaction shall not be deemed to convey any right, title, or interest including patent, copyright, trademark or other proprietary right, in or to such information. The programs and software that you may encounter on this website are confidential trade secrets of Financial Coach Jess and you hereby agree not to modify any of the programs or embodiment thereof or attempt to decompile, disassemble, decipher, or manipulate the website, software, or any of the programs.

Limitation of Damages and Liability

IN NO EVENT SHALL FINANCIAL COACH JESS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO (i) loss of goodwill, business, revenue, profits, use, data, business opportunity, or other economic advantage; (ii) your inability to use, unauthorized use of, performance or non-performance of the Website, the online marketplace, or any other products or services available at or through the Website; (iii) unauthorized access to or tampering with your personal information or transmissions; (iv) the provision or failure to provide any service; (v) errors or inaccuracies contained on the Website, in any online account, in any newsletter or other content, in any products or services available for sale through the online marketplace, or in any other products or services or any information, software, products, services, and related graphics obtained through the Website or in any other products and services available at or through the Website; (vi) any transactions entered into through the Website, including any transactions through the online marketplace; (vii) any property damage including damage to your device or computer system caused by viruses or other harmful components, during or on account of access to or use of the Website or any site to which it provides hyperlinks; or (viii) damages otherwise arising out of the use of the Website, any account created through this website, any newsletter or other content, and/or any other products or services available at or through the Website.

THESE LIMITATIONS SHALL APPLY REGARDLESS OF HOW ANY ALLEGED DAMAGES ARISE, WHETHER IN AN ACTION IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, OR OTHER TORTIOUS ACTION, OR ARISING OUT OR IN CONNECTION WITH THE USE OR INABILITY TO USE THE WEBSITE OR MATERIALS AVAILABLE FROM OR THROUGH THE WEBSITE, ANY ONLINE ACCOUNT, ANY NEWSLETTER OR OTHER CONTENT, OR ANY PRODUCTS OR SERVICES SOLD THROUGH THE WEBSITE, EVEN IF FINANCIAL COACH JESS HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Disclaimer of Warranties

YOUR USE OF, AND RELIANCE ON, ANY ADVICE OR INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE, ANY ACCOUNT CREATED WITH FINANCIAL COACH JESS, ANY NEWSLETTER OR OTHER CONTENT, ANY PRODUCTS OR SERVICES PURCHASED THROUGH THE ONLINE MARKETPLACE, AND/OR ANY OTHER PRODUCTS AND SERVICES AVAILABLE AT OR THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL CONTENT (INCLUDING ANY NEWSLETTERS), SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHICS, AND OTHER MATERIALS CONTAINED WITHIN OR AVAILABLE THROUGH OR FOUND AT THE WEBSITE AND/OR IN ANY OTHER PRODUCTS AND SERVICES ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE,” AND “WITH ALL FAULTS” BASIS, WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND BY FINANCIAL COACH JESS. FINANCIAL COACH JESS MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE OR THE INFORMATION, CONTENT (INCLUDING ANY NEWSLETTERS) OR MATERIALS INCLUDED ON THE WEBSITE. TO THE FULLEST EXTENT PERMITTED BY LAW, FINANCIAL COACH JESS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, WORKMANLIKE EFFORT, INFORMATIONAL CONTENT, TITLE, OR NON-INFRINGEMENT OF THE RIGHTS OF THIRD-PARTIES. FINANCIAL COACH JESS MAKES NO REPRESENTATION OR WARRANTY THAT THE WEBSITE WILL BE AVAILABLE OR ACCESSIBLE AT ANY PARTICULAR TIME OR WILL OPERATE ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE AND/OR ITS SERVER WILL BE FREE OF VIRSUES AND/OR OTHER HARMFUL COMPONENTS. FINANCIAL COACH JESS DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF ANY MATERIAL OF ANY KIND CONTAINED WITHIN OR AVAILABLE THROUGH THE WEBSITE, INCLUDING ANY NEWSLETTER, FOR ANY PURPOSE, INCLUDING SOFTWARE, PRODUCTS, SERVICES, INFORMATION, TEXT AND RELATED GRAPHIC CONTENT. FINANCIAL COACH JESS IS NOT RESPONSIBLE FOR ANY FAILURES CAUSED BY SERVER ERRORS, MISDIRECTED OR REDIRECTED TRANSMISSIONS, FAILED INTERNET CONNECTIONS, INTERRUPTIONS IN TRANSMISSIONS OR RECEIPTS OF ANY INTERACTIVE SERVICES, OR ANY COMPUTER VIRUS OR OTHER TECHNICAL DEFECT, WHETHER HUMAN OR TECHNICAL IN NATURE.

Privacy Policy

Financial Coach Jess has developed a Privacy Policy to inform you of its practices with respect to the collection, use, disclosure, and protection of personal information. You can find the Privacy Policy, which is incorporated into this Terms and Conditions of Use Agreement, by clicking here. By accessing or using the Website, subscribing to any newsletter or other content, purchasing any products through the Website, or accessing or using any other products and services available at or through the Website, you agree to the terms of the Privacy Policy.

Indemnification

You agree to indemnify, defend and hold harmless Financial Coach Jess and their respective shareholders, members, managers, officers, directors, employees, agents, and licensors from and against any and all claims, causes of action, demands, liabilities, damages, losses, expenses (including reasonable attorneys’ fees and costs) and assessments (including tax assessments) arising out of or in any way related to: (a) your access to or use of the Website, any Account created on the website, any newsletter or other content or any other products and services available at or through the Website; (b) any product, content (including any newsletter), information, materials or services available at or through the Website; (c) your breach or purported or threatened breach of any provision of this Use Agreement or any warranty you provide herein, or (d) your violation or purported or threatened violation of any applicable laws, rules, regulations or rights. You agree to cooperate fully with Financial Coach Jess in asserting any available defenses in connection with a claim subject to indemnification by you under this Use Agreement.

Law

The Terms and Conditions of Use shall be governed by the laws of the State of Missouri, without regard to the principles of the conflict of laws, and any dispute that may arise between you, the user and Financial Coach Jess.

Dispute Resolution

This Terms and Conditions of Use is governed by and shall be construed in accordance with the laws of the State of Missouri, without regard to principles of conflict of laws, and is deemed to be made at Financial Coach Jess’ offices in St. Charles County, Missouri. To the extent you have in any manner violated or threatened to violate the intellectual property rights of Financial Coach Jess, then Financial Coach Jess may seek injunctive or other appropriate relief in any state or federal court in the State of Missouri or in the United States, and you consent to exclusive jurisdiction and venue in such courts. Any other disputes will be resolved as follows:

(1) If a dispute arises under this Terms and Conditions of Use, we agree to first try to resolve it with a mutually agreed-upon mediator in St. Charles County, Missouri. Any costs and fees other than attorney fees associated with the mediation will be shared equally by each of us.

(2) If it is impossible to arrive at a mutually satisfactory solution through mediation, we agree to submit the dispute to binding arbitration in St. Charles County, Missouri, under the rules of the American Arbitration Association. Judgment upon the award rendered by the arbitration may be entered in any court with jurisdiction to do so.

Headings

Captions and headings contained in this Terms and Conditions of Use Agreement have been included for convenience only and in no way define, limit, or extent the scope of this Terms and Conditions of Use Agreement or the intent of any provisions hereof.