Site Terms & Conditions
BY VISITING JANINEDUFF.COM YOU ARE CONSENTING TO OUR TERMS & CONDITIONS.
The terms “we”, “us”, “our” and “Janine Duff” refers to Janine Duff. The term the “Site” refers to janineduff.com and all sites connected with janineduff.com. The term “user,” “you” and “your” refers to site visitors, customers and any other users of the site.
Janine Duff provides a website where users can read articles on copywriting, marketing, small business, and branding and a service where users may purchase online or live classes, workshops, and products related to copywriting, marketing, small business, and branding (the “Service”).
Use of janineduff.com, including all materials presented herein and all online services provided by Janine Duff, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site.
By using this Site and/or purchasing anything made available on or through this Site, including but not limited to programs, products, copywriting and consulting services, opt-in gifts, e-books, videos, webinars, blog posts, e-newsletters, consultations, e-mails, social media, and/or other communication (collectively referred to as “Site”), you agree to these Terms and Conditions, without modification, and acknowledge reading them.
USE OF THE SITE & SERVICE
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 and Conditions. Children under the age of 18 are prohibited from using the Site.
Information provided on the Site and in the Service related to copywriting, marketing, small business, and branding and other information are subject to change. Janine Duff makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current or error-free. Janine Duff disclaims all liability for any inaccuracy, error or incompleteness in the Content.
If you have purchased a Service from Janine Duff or otherwise entered into an agreement with Janine Duff, you will also be governed by the terms of that agreement, which shall prevail in the event of a conflict. Online purchases may have additional terms and conditions relating to the transaction as indicated.
In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password and other personal information. You agree that any registration information you give to Janine Duff will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own.
You may use the Site and Service for lawful purposes only. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only.
You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law.
REFUSAL OF SERVICE
Janine Duff reserves the right to refuse service to any order, person or entity without obligation to assign reason for doing so. Janine Duff reserves the right to limit the number of participants in any online or live class, workshop, service or event. Janine Duff may at any time change or discontinue any aspect or feature of the Site or Service.
We will email you to confirm the placement of your order and with details concerning product or service delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
If you have signed up for an online or live class or workshop, confirmation that we have received your order and payment does not constitute acceptance into the class or workshop. We will email you separately to confirm that you have been accepted into the class or workshop.
If you have submitted a deposit or payment in full for a Service, Janine Duff has the exclusive right to deny service if deemed necessary. If Service is denied, a refund will be provided in full.
CANCELLATIONS, REFUNDS & RETURNS
All digital product sales are final due to the instant nature of downloadable files and your irrevocable access to them once they’ve been delivered. Thanks for understanding! If you’re unsure whether or not one of the products or services offered on janineduff.com are the right fit for you, email firstname.lastname@example.org to get your questions answered.
We make every effort to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions if we weren’t caffeinated enough when we hit publish. We reserve the right to refuse or cancel any order with an incorrect price listing.
MATERIAL YOU SUBMIT TO THE SITE
You shall not upload, post or otherwise make available on the Site any artwork, photos or other materials (collectively “Materials”) protected by copyright, trademark or other proprietary right without the express written permission of the owner of the copyright, trademark or other proprietary right. The burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission and shall indemnify Janine Duff from any claim against Janine Duff resulting from your posting of Materials to the site. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations or rights of third parties.
Janine Duff reserves the right to remove from the site any Materials submitted by you that it deems inappropriate for the site or that appears to violate these terms and conditions.
INTELLECTUAL PROPERTY RIGHTS TO YOUR MATERIALS
Janine Duff does not claim ownership of Material you supply to Janine Duff. However, the act of posting Material to the site conveys an irrevocable, worldwide license to Janine Duff to use and distribute the posted Material in connection with Janine Duff’s website and any related Janine Duff publications. You retain copyright ownership and any other rights you may rightfully hold in any content that you submit through the Service. By submitting Material to Janine Duff, you agree to hold Janine Duff harmless from and against all claims, liabilities and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you.
OUR INTELLECTUAL PROPERTY
All content provided on the Site and in the Service are the intellectual property of Janine Duff. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the content of the Site or the Service, in whole or in part without our prior written consent. You may not remove any trademark, copyright, or other notice from the content of the Site or the Service. We reserve the right to immediately remove you from the Service, without refund, and to pursue all available legal remedies against you if you are caught violating this intellectual property policy. You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us or by the Site.
This Site may contain links for tools, websites, and advice on copywriting. Some of these links may be affiliate links. When we promote, affiliate with, or partner with other individuals or businesses, you understand that in exchange, Janine Duff may receive financial compensation or other incentives. You agree that any promotion or marketing Janine Duff does on an affiliate’s behalf does not serve as any form of endorsement. You still agree to use your own judgment and due diligence to determine if any affiliated program, product or service is appropriate for you. You are assuming all risks, and you agree that Janine Duff is not liable in any way for any program, product or service that is promoted, shared or sold on or through the Site, Service and/or Content.
PERSONAL RESPONSIBILITY & ASSUMPTION OF RISK
You agree that by using this Site or Service, you are using your own judgment and have done your due diligence, and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this Site, Service and/or Content. This Site and its Content is for educational purposes only and you are required to make decisions on your own. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this Site or any of its Content.
We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.
LIMITATION OF LIABILITY
You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the Site or Service. Additionally, Janine Duff is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability.
The foregoing applies even if Janine Duff has been advised of the possibility of or could have foreseen the damages. In those provinces or states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Janine Duff’s cumulative liability to you exceed the total purchase price of the Service you have purchased from Janine, and if no purchase has been made by you, Janine’s cumulative liability to you shall not exceed $100.
THIRD PARTY RESOURCES
The Site and the Service 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 Janine Duff. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Janine Duff is not responsible for the quality, accuracy, timeliness, reliability or any other aspect of programs, products or services that are sold through third parties on the 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 or third party. 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 third party merchant, company, affiliate, individual or company found on or through this Site.
You release Janine Duff, our affiliates and anyone associated with our business 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 this Site.
For more information regarding a merchant and their terms and conditions, visit that merchant’s Site or contact the merchant directly.
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 and Conditions, or any use by you of the Site or Service. 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.
EFFECT OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
No waiver of any of the provisions of this Agreement by Janine Duff 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 Janine Duff.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
Janine Duff, 1238 Scenic Dr., Ancaster, ON L9K 1J6
GOVERNING LAW, VENUE & MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the Province of Ontario in Canada as applied to contracts that are executed and performed entirely in Ontario. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be in Hamilton, Ontario. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to this Agreement by mediation. The parties further agree that their respective good faith participation in mediation is a condition precedent to pursuing any other available legal or equitable remedy, including litigation, arbitration or other dispute resolution procedures.
RECOVERY OF LITIGATION EXPENSES
If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.
If any term, provision, covenant, or condition of this Agreement is held by an arbitrator 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.
These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sub licenseable or otherwise transferable by you. Any transfer, assignment, delegation or sublicense by you is invalid.
Updated: May 22, 2018