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, program and tele-program, 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.
Participation in Jen Mac’s Something Different For Women classes, programs and/or tele-programs 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, programs or tele-programs are allowed.
For all classes, programs and tele-programs, payments are only made in full, via e-check, debit or credit card via Stripe, in advance; prior to the start date of every class, program or tele-program. All payments are also non-refundable. 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, program or tele-program and has to miss a class for any reason, they have the opportunity to make it up by watching the recording (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.
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.
COMMUNITY POLICIES & PRIVILEGES
- I understand that participation in Jen Mac’s Something Different For Women classes, programs and/or tele-programs 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, programs or tele-programs are allowed.
- I understand that every class is set up to benefit me 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 text, email or phone, small group sharing, interactive class exercises and Q&A time. I also understand that this is both an interactive and supportive community where my own personal success is enhanced by my participation and by allowing myself the available support within it! Therefore, some programs also offer the added support of a private Facebook group for additional connection and support in between classes (if so desired) for the duration of each program. In addition to the time I spend 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 I can not only learn how to make positive life changes but also live them! While I understand that nothing is mandatory, I also understand that what I put into the class/program/tele-program is what I will get out of it and therefore, I am encouraged to participate in all or as much as possible for me, so that I may garner the results I desire.
- I understand that for all classes, programs and tele-programs, payments are only made in full, via e-check, debit or credit card via Stripe, in advance; prior to the start date of every class, program or tele-program and that all payments are non-refundable.
- I understand that if I am signed up for a class, program or tele-program and have to miss a class for any reason, I have the opportunity to make it up by watching the recording (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. I understand that this is my sole option for making up a class and that if I need to utilize it, it is my responsibility to implement the following protocol; email firstname.lastname@example.org before or by the class date so that I may gain access asap to the make up recording for the 30 day period it is available. I understand that if I choose not to follow the above protocol to make up any class I miss, that I then relinquish my right to make up the class at all.
- I understand that in addition to any program or tele-program fee, there will be a need for me to additionally purchase a notebook of my choosing to utilize for whatever program or tele-program I am taking as well as one to two additional program materials (i.e. a book and/or scrapbook depending on what I’ve signed up for) that will be used as an addendum to the program or tele-program I am taking. These necessary program materials will be an additional, total cost of somewhere between $10.00 to $30.00 per program/tele-program if purchased within the United States. If purchased outside of the U.S. the cost could be more. It is my responsibility to look into this in advance, if it’s an issue for me.
- I understand that when I sign myself up for any class, program or tele-program (including live streams), and make the investment of my time, energy and finances, access to the class(es), program or tele-program is/are for me only and therefore, I agree not to share any of my materials with others who have not made the same investment for themselves. I understand that by doing this I am both respecting myself and all of us who have made the personal investment. I also understand that all handouts, class exercises and materials given to me are copyrighted and the intellectual property of Jen Mac and Jen Mac’s Something Different For Women. Therefore, I may not 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. I understand that if I don’t comply with the above and it is discovered, I will be excused from whatever class, program or tele-program I am a part of and possibly, from the community altogether.
You acknowledge and agree that both you and Something Different For Women, LLC are waiving the right to a trial by jury or to participate as a plaintiff or class representative or class member in any purported class action or representative proceeding. Further, unless we both otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive termination of these Terms.
The parties agree that (i) these Terms memorialize a transaction in interstate commerce; (ii) the Federal Arbitration Act (9 U.S.C. §§ 1, et seq.) governs the interpretation and enforcement of this section; and (iii) this section will survive termination of these Terms.
DISPUTE NOTICE AND ARBITRATION PROCESS
Prior to initiating an arbitration proceeding, you must first send Something Different For Women, LLC a written statement setting forth your name, address, and telephone number, the facts giving rise to the dispute, and the relief requested (“Dispute Statement”). The Dispute Statement to Something Different For Women must be mailed to the attention of 45 South Park Place #25 Morristown, NJ 07960 via nationally recognized overnight courier. If we are unable to resolve your claim within thirty (30) days of receipt of the Dispute Statement, then either party that desires to initiate an arbitration must provide the other party with a written Demand for Arbitration,
The arbitrator, and not any federal, state, or local court or agency, will have exclusive authority to resolve all Disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of these Terms, including, but not limited to, any claim that all or any part of these Terms is void or voidable.
Unless the parties otherwise agree, the arbitration will be conducted in the county where you reside. If your claim does not exceed $10,000, then (i) the arbitration will be conducted solely on the basis of documents the parties submit to the arbitrator, unless you request a hearing, or the arbitrator determines that a hearing is necessary; and (ii) if there is a hearing, you may choose whether to participate in person or by telephone. If your claim exceeds $10,000, your right to a hearing will be determined by the JAMS Procedures. Subject to the JAMS Procedures, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
The arbitrator’s decision will include the essential findings and conclusions of law upon which the arbitrator based the award. Judgment on the arbitration may be entered in any court having competent jurisdiction thereof. The arbitrator’s award of damages must be consistent with the terms of the “Disclaimer of Warranties,” and “Limitations of Liability” sections above as to the types and amounts of damages for which a party may be held liable. The arbitrator may award declaratory and injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. If you prevail in arbitration you will be entitled to an award of attorneys’ fees and expenses, to the extent provided under applicable law. Something Different For Women will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys’ fees and expenses if it prevails in arbitration.
TIME LIMIT FOR RESOLVING DISPUTES
The parties agree that any cause of action either may have with respect to the Site or our products, services, and Content must be commenced within one (1) year after the Dispute arises, notwithstanding any statutes of limitations to the contrary. Many states’ laws set statutes of limitations that are longer than one (1) year. If you live in a state that has statutes of limitations that are longer than one (1) year, by agreeing to these Terms, you are agreeing to shorten the time you have to bring a claim. This means that if you wait longer than one (1) year to initiate arbitration under this section, you will lose some or all rights you may have to any recovery, including the right to recover damages, in connection with a Dispute.
The terms of this Dispute Resolution section survive any termination of these Terms.
Right to opt-out or reject future changes to dispute resolution section
You may elect to opt-out (exclude yourself) from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section by sending a written letter via nationally recognized overnight courier to the attention of Something Different For Women within thirty (30) days of your first visit to and use of the Site that specifies your (i) name; (ii) mailing address; and (iii) request to be excluded from the final, binding, individual arbitration procedure or waiver of class and representative proceedings specified in this section. In the event you opt-out consistent with the procedure set forth above, all other terms and conditions of these Terms will continue to apply. If you do not so opt-out, then the terms of this section will apply.