Jaya the Trust Coach, Terms and Conditions of Use You consent to our Terms of Service when you visitwww.jayathetrustcoach.com.
OVERVIEW By using www.jayathetrustcoach.com (“the site” or “this site”) all visitors (“user,” “you,” “your”) are bound by these Terms of Service. Jayalalita Branscum, dba Jaya the Trust Coach, owner of jayathetrustcoach.com, and any employee or contracted professional supporting the coaching business this site represents, will be here referred to using the terms “we,” “us,” “our.” Your accessing this website constitutes a use of the site and an acceptance to the Terms provided herein. By using the site, you agree to these Terms of Service, without modification, and acknowledge reading them. We reserve the right to change these Terms of Service or to impose new conditions on use of this site, from time to time, in which case we will post the revised Terms of Service on the site. Your continued use of the site after we post any such changes means you accept the new Terms of Service with the modifications.
SITE USE 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 of Service.
In order to use the site, you may be required to provide information about yourself including your name, e-mail address, and other personal information. You agree that any registration and/or billing information you give us will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an e-mail address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of this site, violate any laws in your jurisdiction.
You may use the site and our services for lawful purposes only. You shall not post or transmit through this site any material that violates or infringes upon the rights of others, or that is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, or that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
PURCHASE AND REFUND POLICY By clicking “Buy Now,” “Purchase,” or any other phrase on a purchase button on the site, or entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you agree to be provided with e-books, products, programs, or services by us. No refunds will be given for any products purchased online. You agree to these Terms and to delivery of services as stated for each product or program sold, unless separate Terms of Purchase are included with said product or program.
THIRD-PARTY RESOURCES The site and services may 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 us. 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 of Service, or any use by you of the site or services. 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.
RELEASE OF CLAIMS In no event will we be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our site, its content, or its products. You hereby release us from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
ONLINE COMMERCE Certain sections of the site or its content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our site, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment-processing company.
Your participation, correspondence or business dealings with any affiliate, individual, or company found on or through our site, all purchase terms, conditions, representations, or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and merchants. In addition, when you make certain purchases through our site or its content, you may be subject to additional terms and conditions of ours or those of a payment-processing company or merchant that specifically apply to your purchase. For more information regarding a merchant and that merchant’s terms and conditions that may apply to you, please visit that merchant’s website or contact said merchant directly.
You release us, our affiliates, our payment-processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our site or its content.
GOVERNING LAW, VENUE, MEDIATION These Terms shall be construed in accordance with, and governed by, the laws of the State of New York. If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Ithaca, New York. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety- (90-) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
SEVERABILITY If any term, provision, covenant, or condition of these Terms is held by a mediator 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 of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment, or delegation by you is invalid.
ENTIRE AGREEMENT, WAIVER, HEADINGS These Terms constitute the entire agreement between you and the Company pertaining to the site and services and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this agreement by Jaya the Trust Coach 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 Jaya the Trust Coach. The subject headings of this agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.