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Terms of Use

These terms and conditions govern your use of this website; by using this website, you accept these terms and conditions in full and without reservation. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use this website. You must be at least 18 [eighteen] years of age to use this website. By using this website and by agreeing to these terms and conditions, you warrant and represent that you are at least 18 years of age.

From our website, you can visit other websites by following hyperlinks to such external sites. While we strive to provide only quality links to useful and ethical websites, we have no control over the content and nature of these sites. These links to other websites do not imply a recommendation for all the content found on these sites. Site owners and content may change without notice and may occur before we have the opportunity to remove a link which may have gone “bad”.

This website is provided “as is” without any representations or warranties, express or implied. We accept no responsibility for any information posted to this website by visitors and/or third parties in the Comments section of our Blog Post Page. This website and its owner make no representations or warranties in relation to this website or the information and materials provided on this website, which are provided for information purposes only.

Your Use and Consent

By purchasing digital and print materials from this site you are subjected to these terms and conditions and required to act in accordance with them, our Privacy Policy, and any other terms and conditions that may apply to the marketing of our Programs, Products, and Services available through our website of from us. Accessing our Programs, Products or Services, in any manner, whether automated or otherwise, constitutes use of the Program, Products and Services, and the Website, and your agreement to be bound by these terms and conditions.

Any registration by, use of or access to any Program, Product or Service or our Website by anyone under 18 is unauthorized, unlicensed and in violation of these T&C. By accessing or using our Programs, Products, or Services or our Website, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of our T&C.

By purchasing digital and print materials from this site you agree that you cannot sell, share, or exchange any portion of the material in part or in full. All materials are copyrighted and remain the property of their respective owners. Materials made available to the private group forums, by email, or any other means, may not be distributed in any fashion, print nor electronic, without the expressed written permission of the respective owner.

Security

We take every precaution to protect our users’ information. When users submit sensitive information via the Program, Product or Service, all information is protected both online and offline.

However, due to the nature of the Internet, we cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.

We try to ensure that our Program, Product and Service availability is uninterrupted and that our Website, private Facebook group page, e-mail communications, and Program materials, tele-classes and/or audio or video recordings, as applicable, will be error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or the introduction of new services, although, of course, we will try to limit the frequency and duration of any suspension or restriction.  Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found or offered on this Website for any particular purpose.

Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research, health and wellness best practices, and technology is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information and materials may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.

Additionally, we are not responsible for the views, opinions, or accuracy of facts provided by external resources referenced in our Programs, Products or Services or in any of our courses, classes, or materials. We assume no responsibility for errors or omissions in the Program, Product or Service you are using, or in documents referenced by or linked to the Program, Product or Service.

By using this website, you hereby consent to the disclaimer and agree to all terms, policies, and conditions.

Program Use and Consent

The “Program” refers to any done-for-you program materials, marketing materials, or other materials included in the program.

This Program is owned and operated by Jill Kane and Jill Kane Wellness (“Company”, “We”, or “Us”). This Program has been developed or obtained by us through the investment of significant time, efforts, and expense, and this information is a valuable, special, and unique asset of ours, which needs to be protected from improper and unauthorized use.

Use constitutes your agreement to be bound by these Terms and Conditions, whether or not you have read them. We reserve the right to change these Terms and Conditions from time to time and your continuing use will constitute your agreement to be bound by any and all such changes. If at any time you do not agree with these Terms, please do not use the Program.

Intellectual Property Rights

Our Limited License to You. Our Programs, Products, and Services and all the materials available through it are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content in our Programs, Products and Services is solely owned by or licensed to us, unless otherwise indicated. This material includes, but is not limited to, the content, design, layout, look, data, database, appearance, graphics, downloadable information products, e-mails, .pdfs, videos, audios and our program or service materials. All materials are protected by United States Intellectual Property Laws. Reproduction is prohibited.

When you purchase a Program, you are purchasing the limited right to use select Program material in the form that is provided by the Company and its team. You are permitted to:

Apply your own logo and branded look to the Program materials and offer the materials for sale to your clients through your own business; and

Add your own original content, edit, and/or change the Program materials to reflect your brand; and

You MAY NOT share any Program materials with other health coaches, wellness professionals, team members and/or colleagues of any kind. This specifically includes, but is not limited to, any business community members that you are affiliated with. In the event you share the purchased Program, including any and all related materials, with a business affiliate, or similar non-client professional, you will be in violation of these Terms and Conditions.

In the event you have a colleague or team member who is interested in utilizing the Programs from this Company for their own business use, please contact me at: jill@jill-kane.com.

You may only use the information that is expressively provided to you by the Company through the Program that you purchase.

You are prohibited from copying, editing, or using any information produced by the Company describing, promoting or marketing any of its Programs contained on any sales page, website page, e-mail, video, or any other correspondence belonging to the Company, including any posted on jill-kane.com.

You are prohibited from using, copying, modifying or otherwise misappropriating any photos, collages, banners, text, descriptions and/or any other information owned and developed by the Company and available to you through any sales page, website page, e-mail, video, or any other correspondence you may receive, or otherwise.

If you are in doubt about what you can and cannot use, please contact jill@jill-kane.com.

The trademarks and logos, which are displayed on the Program materials, are trademarks belonging to us. If you purchase a program, then you may change the logos or program materials, however, any use of Jill Kane Wellness personal website trademarks and names of programs including framing, meta tags, or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written permission.

For any and all trademarks and logos that you are granted permission to use within a program, the trademark insignia must be included at all times. Any preview call titles, program titles, program material titles, or any other title or information of ours bearing the trademark (TM) symbol may not be used by you for any reason without our express written permission.

Information You Are Prohibited from Sharing With Others:

You are forbidden from doing the following:

  1. You may not duplicate, share, or sell any information obtained in or through our Program with others for their personal, commercial or business use, whether or not it was known to you at the time that their intention was to use the Program in their own business.

Unless otherwise explicitly authorized in these Terms and Conditions, you may not, for commercial use or in a way that earns money, modify, copy, reproduce, republish, upload, post, transmit, translate, sell, screen share, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through this Program, private Facebook group page, audio or video recording, or teleseminar call to any other Health Coach, Holistic Practitioner, or business owner. Any other individual intending to use the Program for their own commercial use in their business must purchase the Program through the Company. If you obtain or receive knowledge that another Health Coach, Holistic Practitioner, or business owner intends or uses the Program information for commercial use or in their business, you agree to report them to Jill Kane Wellness immediately. Failing to report them is a violation of the limited license you have been granted herein.

You need to contact Jill Kane Wellness before you create an affiliate program for your program, otherwise you are in violation of the terms and conditions and will be notified by a lawyer immediately.

2. You may not use and Done For You Program materials in any way, including but not limited to, publishing a book through a publishing company or self publishing, and/or online through kindle, amazon.com, nook, or other websites, apps, or electronic means regardless of whether you add your own unique material to it.

Downloading, printing, or otherwise using the material from this Program does not give you any copyright or ownership rights of that material contained in the Program.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Your License To Us. By posting or submitting any material (including, without limitation, comments, blog entries, photos, and videos) to us via the Program, website, or private Facebook group page, you are representing: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner of the material; and (ii) that you are eighteen years of age or older.

In addition, when you submit or post any material, you are granting us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. The foregoing grant includes the right to exploit any proprietary rights in such posting of submission, including, but not limited to, right under copyright, trademark, service mark or patent laws in any relevant jurisdiction. You also grant us, and anyone authorized by us, the right to identify you as the author of any of your postings or submissions by name, email address, or screen name, as we deem appropriate.

You acknowledge that we have the right but not the obligation to use and display any postings or contributions of any kind that we may elect to cease the use and display of such materials (or any portion thereof), at any time for any reason whatsoever.

Obtaining Permission to use our Intellectual Property

Any request for permission to use our content, images, or other information obtained from or through the Program, or any other intellectual property, should be made by emailing: jill@jill-kane.com.

Under no circumstances can you use the images of the Company, including but not limited to those at www.jill-kane.com or copy the names of her personal programs. You can ONLY use the materials provided to you in your program.

As a Licensee, you agree that you are using your own judgment in using the information provided on and through this Program, Product or Service, which is done at your own risk.

Your use of any information or materials through our Programs, Products or Services accessible on or through this Website or otherwise is entirely at your own risk, and at your clients’ own risk, for which we shall not be liable. It shall be your own responsibility to discern the risks of using any of our Programs, Products or Services. You assume responsibility for your choices, actions, use or nonuse of any of the information in our Programs, Products and Services, and you acknowledge that you are using, or not using, a Program, Product or Service at your own risk.

We explicitly state that the information provided to you in our Programs, Products, or Services are not diagnosing or treating a physical or mental health problem or disease, or prescribing medication, or other treatment in any way whatsoever.  We are not, and we are not holding ourselves out as, a doctor, medical health practitioner, psychologist, therapist, licensed nutritionist, registered dietician, financial consultant, or religious clergy member, and we make no claims in this regard.

Nothing contained in the Program, Product or Service is intended to be a substitute for the medical diagnosis or treatment that can be provided by your and your clients’ physician, mental health provider, or another qualified health care professional. You and your clients should always should seek the advice of your physician, mental health provider, or another qualified health care provider regarding any specific medical condition.

You acknowledge that we have not and do not make any representations as to the physical, mental, emotional, and spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your participation in this Program, Product or Service, for you or for any of your clients.

We cannot and do not guarantee that you or your clients will attain a particular result, and you accept and understand that results differ for each individual.

We also expressly disclaim responsibility in any way for the choices, actions, results, use or non-use of the information provided or obtained through any of our Programs, Products or Services by you or by your clients.

We are not responsible for, or liable for, ensuring that our Programs, Products, or Services are compliant with the laws of any city, county, state, province, or country. There are several laws and regulations that may impact the design of your wellness programs. You alone are responsible for assuring that any program and/or service offering that you make to your clients meet and are compliant with all laws and regulations. In the United States, these laws may include, but are not limited to, the Genetic Information Non-Discrimination Act (GINA), Health Insurance Portability and Accountability Act (HIPPA), Americans with Disabilities Act (ADA), and the Equal Employment Opportunity Commission (EEOC), among others.  It is strongly recommended that you research your relevant city, state, county, province and country laws and regulations, as applicable, and speak with your own legal counsel prior to marketing any of your own wellness programs or any of our Programs, Products or Services to any of your clients as the law is subject to change at any time.

THE INFORMATION IN THE PROGRAMS, PRODUCTS AND SERVICES OFFERED ON OR THROUGH OUR WEBSITE AND ANY THIRD-PARTY WEBSITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. WE MAKE NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO THE ACCURACY, COMPLETENESS OR APPROPRIATENESS OF OUR PROGRAM, PRODUCT OR SERVICE FOR ANY PURPOSE.

TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAM, PRODUCT OR SERVICE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS PROGRAM, PRODUCT OR SERVICE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PROGRAM, PRODUCT OR SERVICE MATERIALS OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or your clients in connection with this Program, Product or Service, including by your use or inability to use any information obtained on or through the Program, Product or Service, any websites linked thereto, and/or any material posted on the Website, private Facebook group page, or in any other way through the Program, Product or Service by us or by others, including without limitation any liability for any accidents, delays, injuries, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable.

Indemnification and Limitation of Liability

Under no circumstances, including, but not limited to negligence, shall anyone related to our  Company or any subsidiary and parent companies or affiliates, included but not limited to our shareholders, directors, officers, staff, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees, be liable for any direct, indirect, incidental, special or consequential damages that result from the use of, or the inability to use, the Program, Product or Service, including its materials or third-party materials made available through the Program, Product or Service, even if we are advised beforehand of the possibility of such damages.

You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other Program, Product or Service participant or user, including but not limited to you and your clients.

You agree at all times to defend, indemnify and hold harmless the Company, our shareholders, directors, officers, employees, affiliates, successors, transferees, assignees or licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders and employees of each from and against accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue and any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs, Products or Services as experienced by you, anyone affiliated in any way with your business, and/or any of your clients, and/or your breach of any obligation, warranty, representation or covenant set forth in these terms and conditions.

These Terms and Conditions require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products or Services that you are waiving certain legal rights and you are voluntarily agreeing to do so.

Links to External Websites or Use of Social Media

From time to time our Website may also include links to other websites or to social media sites. These links are provided for your convenience to provide further information and to allow you to visit other website(s) of interest easily. However, once you have used these links to leave our Website, you should note that we do not have any control over that other website or social media. Therefore, we cannot be responsible for the protection and privacy of any information which you provide while visiting such sites or social media, and such sites and social media sites, even if operated by us, are not governed by these Terms and Conditions and Privacy Policy.

You should exercise caution and look at the privacy statement of the website or social medial sites you are visiting or using.  Use of external links to other sites or social media do not signify that we endorse them. We bear no responsibility for the content of the linked website(s) or social media websites.

We accept no liability for any of the views, facts, opinions, or references in the Program, Product or Service whatsoever. Information posted on this Website related to this Program, Product or Service or linked to a third party website, may express a perspective which may or may not necessarily reflect our views.

Your Conduct

You must not use our Program, Product or Service, or any aspect related to it, in any way that causes or is likely to cause access to it to be interrupted, damaged or impaired in any way and you must use it for lawful purposes only. You understand that you are solely responsible for all electronic communications and content sent from your computer to us by you. You may not use our Program, Product or Service, or any aspect related to it, in any of the following ways:

  • For fraudulent purposes or in connection with a criminal offence or to otherwise carry out any unlawful activity
  • To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or is otherwise injurious to third parties, or which consists of or contains software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam
  • To cause annoyance, inconvenience or needless anxiety to anyone or anything
  • To impersonate any third party or otherwise mislead as to the origin of your content
  • To reproduce, duplicate, copy, alter or resell any of our content in contravention with these Terms and Conditions or any other agreement with us.


Online Commerce

If paying by electronic payment (e.g. PayPal, Stripe, et. all) or credit card, you give us permission and authorization to automatically charge your credit or debit card as payment for your Program for which you will receive an electronic receipt. For any installment payment, you give us permission to automatically charge your credit or debit card at the time it is due without any additional authorization.

In the event that payment is not received by the date due, whether paying in full or by installment, you will have forty-eight (48) hours to make the payment otherwise the Program, Product or Service will not continue.

If you fail to make payment in a timely manner in accordance with these Terms and Conditions or voluntarily decide to withdraw from our Program, Product or Service at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Program, Product and/or Service after the forty-eight (48) hour window as per the Refund Policy.

When you purchase this Program, Product or Service, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and by us. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for the merchant’s independent policies.

You agree to be financially responsible for all purchases made by you. You agree to purchase and use the Program, Product or Service for legitimate, personal or limited commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.

You release us and our affiliates from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase or use of this Program, Product or Service.

You agree to only purchase this Program, Product or Service for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal or financial information to us or a merchant, you represent that you have obtained his/her consent to provide such third party’s personal information.

For more information regarding a merchant, its online store, its privacy policies, and/or any additional terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the merchant directly.

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the Program, Product, Service and/or our Website, private Facebook group page, e-mail communications, or any other method of communication related to the Program, Product or Service at any time without notice. Should you wish to terminate the Program, Product or Service by seeking a refund, these termination terms will apply to you as well.

In the event of cancellation or termination, all remaining balances owed shall be immediately due, and you are no longer authorized to access the Program, Product, Service or our Website, private Facebook group page, e-mail or any or other method of communications affected by such cancellation or termination. The restrictions imposed on you with respect to material received for the Program, Product or Service and all of the disclaimers and limitations of liabilities set forth in these Terms and Conditions, shall survive such termination of your access and apply in full force.

Dispute Resolution

It is hoped that should we ever have any differences, we could be able to work them out amiably through a phone conversation or e-mail correspondence. However, should a dispute ever arise between us, we agree now that we will submit to binding arbitration before a single arbitrator, selected jointly, in accordance with the United States Arbitration and Mediation Rules. https://usam.com/rules-of-arbitration/

Any judgment on an arbitrator’s award, if made, is binding and may be entered into any court having the appropriate jurisdiction. Prior to seeking arbitration, you must submit your complaint to me via e-mail. You understand and agree now that the only remedy that can be awarded to you through arbitration is full refund of your Payment made to date. No award of consequential or of any other damages may be granted to you.

By purchasing programs or services through Jill Kane Wellness, you are agreeing to a modification of the statute of limitations such that any arbitration must be commenced within one (1) year of the date of the act, omission, or other conduct complained of as submitted by you in e-mail, or shall otherwise be forfeited forever. You also agree that should arbitration take place, it will be held in the city of Quincy, Massachusetts, USA, and the prevailing party shall be entitled to all reasonable attorney’s fees and costs necessary to enforce the Agreement.

These Terms and Conditions and Privacy Policy shall be construed according to the laws of the city of Quincy, Massachusetts, and country of the United States of America.

In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our company, or any of our Programs, Products or Services. Where requested by law or arbitration, of course, you are not prohibited from sharing your thoughts and opinions as a part of the legal process.

If this Terms and Conditions and Privacy Policy, or any part therein, is construed to be invalid or unenforceable, it shall not affect the validity or enforceability remainder of the T&C and Privacy Policy which shall be given full force and effect.

If you have any questions about any term of these Terms and Conditions, please contact us jill@jill-kane.com. Thank you.

Use of Other Materials

No one is permitted to use, sell, distribute, or copy any materials included in private coaching, group coaching, webinars, video, or in any other capacity that is owned by, created by, and/or licensed to Jill Kane Wellness without express, written permission prior to doing so whether intentional or not.