Your use of this site, www.jen-mac.com, any subdomains, and the content of all the foregoing (together, the “Site”), is governed by the following terms. By viewing or otherwise using the Site, you agree for the benefit of Something Different for Women, LLC (“Something Different”) and Jennifer Macaluso-Gilmore (“Jennifer or Jen Mac”) to be bound by these terms.
THE SITE AND ALL ITS CONTENTS, INCLUDING ANY IMAGES, AUDIO, AND VIDEO, ARE PROVIDED “AS IS”. SOMETHING DIFFERENT AND JENNIFER DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH REGARD TO THE SITE CONTENTS AND THAT OF ANY OUTGOING OR INBOUND LINKS, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, ANY WARRANTIES OF NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR USAGE IN TRADE.
The rights in all original works available for viewing on the Site are owned by Something Different or by Jennifer, unless explicitly noted otherwise. You retain any rights you may have in any content you post, publish or display on the Site, either in comments, on the message board located at www.jen-mac.com (the “Blog Comment Section”), or elsewhere on the Site, but hereby grant to Something Different a perpetual, irrevocable, worldwide, royalty-free, and non-exclusive license to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute any such content.
Furthermore, You understand that should You choose to utilize any of the Jen Mac’s Something Different For Women private Facebook groups You do so fully aware that Jen Mac’s Something Different For Women does not have any control over Facebook and therefore, cannot obviously foresee or control any changes in policy Facebook may ever make in regards to their private group pages and so, You do not hold Jen Mac’s Something Different For Women liable for any potential changes Facebook may ever make on any of these group pages You may choose to utilize.
Any outgoing links from our Site, including links to outside resources, are provided as a reference only. Neither Something Different nor Jennifer is responsible for their content in any way.
It is our policy to respond to clear notices of alleged copyright infringement that comply with applicable copyright law, including the US Digital Millennium Copyright Act. Regardless of whether we may be liable for such infringement under applicable copyright law, our response may include removing or disabling access to alleged infringing material. If we remove material, we may notify its contributor so that she can respond. You should not falsely claim infringement or misrepresent your claim, because doing so can subject you to liability for damages, including costs and attorney’s fees. Please consult your attorney before making any allegations of infringement. Please direct all correspondence relating to a DMCA to firstname.lastname@example.org.
For every class, course and tele-course, in order to maintain a safe and positive environment for all those in attendance, Jen Mac’s Something Different For Women and all of its employees reserve the right to take action against anyone we find either disruptive or distractingly resistant to the group and/or group content, exercises and activities.
When signing up for any in-person or online class, course or tele-course with Jen Mac’s Something Different For Women this does not include one-on-one time with Jen Mac or any personal email exchanges with Jen Mac before, during or afterwards. While there will often be Q&A’s or other opportunities to potentially get individual questions answered, there is no guarantee that personal questions will be answered. Clients/community members are paying solely to take the class, course and/or tele-course and enjoy the benefits of group offered content.
Participation in Jen Mac’s Something Different For Women classes, courses and/or tele-courses requires a deep personal desire, openness and receptivity in order to gain the full benefits of what is offered and therefore, no gifting or transfers of classes, courses or tele-courses are allowed.
Every class is set up to benefit the client/community member as much as possible on every level and therefore, may include any or all of the following; solo weekly or monthly homework assignments, partnered assignments, partner check-ins via email or phone, small group sharing, interactive class exercises and Q&A time. This is both an interactive and supportive community where personal success is enhanced by participation and by allowing in the available support! Therefore, every course also offers the added support of a private Facebook group for additional connection and support in between classes (if so desired) for the duration of each course. In addition to the time attending the actual class(es) or tele-classes, there is also a much encouraged (though again, not required) additional time commitment of 1-5 hours per week to implement class assignments. This is suggested so that a client/community member not only learns how to make positive life changes but also live them! While nothing is mandatory, what a client/community member puts into the class/course/tele-course is what a client/community member will get out of it and therefore, is encouraged to participate in all or as much as possible, so that each client/community member garners the results desired.
Should a client/community member choose to utilize the private Facebook group for any of Jen Mac’s Something Different For Women courses or tele-courses they are in, they are to adhere to the guidelines of the group which are as follows: A. Solely use the group in the spirit of positive connection and support with other like-minded women as they journey together through the course. B. All posts made are related only to the work of the course as it pertains to them and their life. C. No posts in regards to soliciting business or offering of services as this is not what this group is designed for. D. No posting advice and/or counseling to other group members if it is not being asked for! This group is provided to clients/community members through the course solely for support of the work and the journey. If clients/community members wish to connect with other course members for other reasons listed above, they will do so outside of this forum. If clients/community members do not adhere to all of these guidelines set up for the safe use and enjoyment of these groups, they may be removed from the community group(s) altogether.
For all classes, courses and tele-courses, payments are only made in full, via e-check, debit or credit card via Paypal, in advance; prior to the start date of every class, course or tele-course. All payments are also non-refundable. Customer shall have thirty (30) days to notify Jennifer of a good faith dispute of any amount paid. Customer’s dispute of any amounts will not delay its payment of undisputed charges and expenses to Jen Mac. NEITHER PARTY WILL BE LIABLE TO THE OTHER PARTY FOR ANY, LOST PROFITS OR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL OR OTHER INDIRECT DAMAGES OF ANY KIND FOR ANY REASON WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES BASED UPON NEGLIGENCE, BREACH OF WARRANTY, STRICT LIABILITY, OR ANY OTHER THEORY EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. Notwithstanding the foregoing, no limitation or exclusion of liability shall apply with respect to any claims based either your gross negligence or willful misconduct.
If a client/community member is signed up for a class, course or tele-course and has to miss a class for any reason, they have the opportunity to make it up by watching the recorded live stream (if it’s a live class) within 30 days of the actual class or by listening to the recorded call (if it’s a tele-class) within 30 days of the actual call. This is the sole option for making up a class and if a client/community member needs to utilize it, it is their responsibility to implement the following protocol; email email@example.com before or by the class date so that they may gain access asap to the make up recording for the 30 day period it is available. If a client/community member chooses not to follow the above protocol to make up any class they miss, they then relinquish their right to make up the class at all.
In addition to any course or tele-course fee, there will be a need for clients/community members to additionally purchase a notebook of their choosing to utilize for whatever course or tele-course they are taking as well as one to two additional course materials (i.e. a book, dvd and/or scrapbook depending on what a client/community member has signed up for) that will be used as an addendum to the course or tele-course they are taking. These necessary course materials will be an additional, total cost of somewhere between $10.00 to $30.00 per course/tele-course if purchased within the United States. If purchased outside of the U.S. the cost could be more. It is all potential clients/potential community members responsibility to look into this in advance, if it’s an issue for them.
When a client/community member signs up for any class, course or tele-course (including live streams), and makes the investment of their time, energy and finances, access to the class(es), course or tele-course is/are for them only and therefore, all clients/community members agree not to share any of their materials with others who have not made the same investment for themselves. By doing this, clients/community members both respect themselves and all others who have made the personal investment. It is also understood that all handouts, class exercises and materials given out to clients/community members are copyrighted and the intellectual property of Jen Mac’s Something Different For Women. Therefore, no client/community member may use any of the material in other group settings or on the internet without first gaining written consent from Jen Mac’s Something Different For Women. It is understood that if a client/community member doesn’t comply with the above and it is discovered, they will be excused from whatever class, course or tele-course they are a part of and possibly, from the community altogether.
This Agreement is governed by and construed in accordance with the laws of the State of New York without regard to its conflict of law principles.
Each party will promptly notify the other in writing of any dispute. Each party’s designated representatives will meet within ten (10) days following the receipt of such written notice and will attempt to resolve the dispute within fifteen (15) days. If the parties agree, a dispute may be mediated. The parties will select a mediator within twenty (20) days of agreeing to mediate. In the event Mediation does not resolve the dispute, then the claim or dispute shall be resolved by binding arbitration under the Commercial Rules of the American Arbitration Association.
You acknowledge that the nature of its relationship with Jen Mac is one of trust and confidence and that in the course of providing Services, You may have access to, and that there may be disclosed to You, information of a confidential and/or trade secret nature. “Confidential Information”, which has great value to Jen Mac and which constitutes a substantial basis and foundation upon which Jen Mac’s business is predicated. Thus, You agree to keep all such Confidential Information in confidence, and not to disclose any such Confidential Information to any other person during the term of this Agreement or at any time thereafter, unless the prior written consent of Jen Mac is obtained.