TERMS AND CONDITIONS OF USE
Updated – 4/1/19
IMPORTANT – PLEASE READ THIS TERMS OF CONDITIONS OF SERVICE & USE AGREEMENT (“Agreement”) CAREFULLY. BY ACCESSING AND USING THE SERVICES (AS DEFINED BELOW), (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. WE RESERVE THE RIGHT TO AMEND THIS AGREEMENT AT ANY TIME AS DISCUSSED BELOW.
- About Joy Energy Time
This Agreement is a legal agreement between you and Joy Energy Time, LLC., (JET) (“we“, “us” or the “Company”) for your use of the Company’s (a) website located at www.joyenergytime.com (“Website”), and (b) related services (referred to and specified in Section 3 below) being referred to collectively as the (“Services”). The Services provided by JET enable a potential customer (“User”) to access programs, courses, products, and services aimed at helping Users improve self-care, wellness, decrease burnout and stress, and promote or restore meaningful occupations and/or activities to increase overall quality of life, improve business productivity and effectiveness. JET focuses on promoting, creating and restoring joy, fulfillment, life satisfaction, intellectual, emotional, and spiritual well-being, physical and mental energy, and work-life balance and work life integration. By using this site, you agree and consent to be bound by this Agreement and all disclaimers, rules and terms and conditions that appear elsewhere on or in connection with the Website. If at any time, you become dissatisfied with the Agreement, you agree that your sole and exclusive remedy is to discontinue using the Website and Services (as defined below).
- Using our Website
Use of the Website to purchase or schedule Services requires that you may be required to create an account (“Account“) with a third party course/content access, marketing, and payment management system called Kajabi (https://kajabi.com/) referred to in this agreement as (“Kajabi”). To register and create an Account, you must create a username and password and provide certain personal information. In consideration of the use of the Services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account.
You may only use the Application to Schedule Services if you are the authorized holder of the credit card used for payment and if you are able to form a binding contract with us. In addition, You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise.
By purchasing any Service through JET that utilizes Kajabi, you agree to abide by their terms and conditions and policies, and understand that they may be different from the terms, conditions, and policies outlined in this agreement.
- Services and Programs
JET offers many different Services including but not limited to: The Thriving Collective newsletter (“Newsletter”), The Burnt Out To Lit Up Podcast (“Podcast”), Website blog (“Blog”), didactic and educational content that may be free or paid, online or in person, live or pre-recorded , courses for professional continuing education units (“CEUs”), collectively referred to as (“Courses“). JET offers various programs, which include but are not limited to recorded or live courses, . Course content price range vary and are subject to change without notice. Such amounts will be charged to one of the payment cards you have associated with your account and you hereby authorize any such charge. All payments are processed by Kajabi and not by JET directly . All Charges and payments will be enabled by JET using the preferred payment method designated in your Account, after which you will receive a receipt by email. If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that JET may use a secondary payment method in your Account, if available. Any payments made in connection with the Services requested are final non-refundable, unless otherwise determined by JET.
Specific Service related information:
Courses and CEUs- Courses you purchase through JET may be approved by state medical licensing boards for CEUs for medical license renewal and will be clearly advertised as such with the number of units, and state board/profession it is approved for on the Website. It is the User’s responsibility to verify that the course will in fact count for CEU credit for their profession’s license renewal. Upon completion of a CEU course, Joy Energy Time will send you a certificate of completion via email and report your credit to the appropriate state licensure board, as per state law. You may request proof of these actions by contacting email@example.com
- Changes to the Agreement
- Material, License & Restrictions
The Website and everything on it, and the course content accessible through Kajabi via login to your Account, from text to photos to videos to graphics and software, (collectively, the “Materials“) are owned by or licensed to JET. The Website and the Materials may be protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries. Please be advised that JET enforces its intellectual property rights to the fullest extent of the law.
We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Website and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms contained on the Sites or accessible through your Account on Kajabi. Any other use of the Website and/or the Materials is strictly prohibited. No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission. Nothing contained on the Agreement should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content without the express written permission of JET or the appropriate third party owner, as applicable.
You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by JET; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.
- Violation of the Agreement
JET reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Website from a particular account, device and/or IP address. We may terminate your access to the Website, without cause or notice, which may result in the forfeiture and destruction of all information associated with you. All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
- Governing Law
You acknowledge and agree that this Agreement and your access to and/or use of the Website, the Materials and other content on the Website is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.
THE WEBSITE, THE MATERIALS AND ALL OTHER CONTENT ON THE APPLICATION OR RELATED SERVICES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. JET DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SITES WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THE APPLICATION, THE MATERIALS AND/OR OTHER CONTENT ON THE APPLICATION ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. JET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS. YOU (AND NOT JET) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE APPLICATION, THE MATERIALS AND/OR OTHER CONTENT ON THE APPLICATION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.
THE INFORMATION PRESENTED IN THE SERVICES AND MATERIALS DISTRIBUTED BY JET IS FOR INFORMATIONAL PURPOSES ONLY, AND NOT TO BE TAKEN AS FACT AND SHOULD NOT BE CONSTRUED AS MEDICAL, PSYCHOLOGICAL, OR PROFESSIONAL ADVICE FROM A LICENSED PROFESSIONAL OR A SUBSTITUTE FOR MEDICAL OR PSYCHOLOGICAL CARE BY A LICENSED PROFESSIONAL IN ANY CAPACITY. CONSULT A DOCTOR PRIOR TO INITIATING ANY MENTAL OR PHYSICAL HEALTH PROGRAM. BY PURCHASING ANY PRODUCT , SERVICE, OR MATERIAL FROM JET, YOU AGREE THAT THE OWNERS OF JET WILL NOT BE HELD LIABLE FOR, AND JET IS NOT RESPONSIBLE FOR ANY NEGATIVE CONSEQUENCES SUSTAINED WHILE USING ANY ASPECT OF JETs PRODUCTS , SERVICES, OR MATERIALS, OR IMPLEMENTING ANY ADVICE, WHETHER IT BE PERSONAL OR BUSINESS RELATED. AS IT PERTAINS TO PRODUCTS , SERVICES, OR MATERIALS OF JET, THE CREATORS OF THIS CONTENT ARE NOT TO BE TAKEN AS MEDICAL OR BUSINESS PROFESSIONALS, AND NO ASPECT OF JET’s PRODUCTS , SERVICES, OR MATERIALS SHOULD BE MISCONSTRUED AS ANY LICENSED MEDICAL PRACTICE.
- Waiver and Severability
Any waiver by JET of any provision of this Agreement must be in writing. If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible. The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.
- Dispute Resolution and Arbitration Agreement
Arbitration. You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of this Agreement, or that in any way relate to your use of the Application, the Materials and/or other content on the Application, shall be submitted exclusively to binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that you and JET are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding.
Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules at www.adr.org/arb_med. The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Location and Procedure. Unless you and JET otherwise agree, the arbitration will be conducted in Miami, Florida. If your claim does not exceed $10,000.00 then the arbitration will be conducted solely on the basis of documents you and JET submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000.00 your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.
Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim. Party who prevails in arbitration will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law
Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.
In this privacy agreement, we tell you what information we receive from our Users, and how we use it to improve our productivity and Services.
- INFORMATION WE COLLECT and HOW WE USE IT
We collect and store information about you when you sign up for the use of our Services, or opt in to our email list. We use this information to provide the Service’s functionality, improve the Service quality, personalize your experience and productivity, enhance the security of our Services, and comply with legal obligations. We will collect personal identification information from Users only if they voluntarily submit such information to us. Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Website related activities.
All personal information collected by Users are stored on Kajabi servers (not JETs) in conjunction with its Consumer License Agreement with JET. JET has immediate access to this User data and is able to modify, delete , or provide a copy if requested at firstname.lastname@example.org
Registration Information: When you sign up for our Services or opting in to our email list, you will be required to provide us your name, email address, and/or further personal information to fit our Service productivity. After signing up for our Services, all Users will be provided with a username and password to access all course content.
Payment Method: When you use a credit card or payment method to purchase our Services, a third party (Kajabi) that handles payments for us will receive your card information. To keep your financial data secure, we do not store full credit card information on our servers.
Communications: If you contact us directly, we may receive additional information about you. For example, when you contact our Customer Service Team, we will request for you to provide your name, email address, phone number, the content of a message and other information that you choose to provide.
JET participates in email marketing to Users through emails gathered through promotions and opt-in forms. If you provide an email to JET through an opt in form on the Website, you consent to receive promotional emails from JET about products and services. You may unsubscribe to these emails at any time at the bottom of any promotional email from JET.
We follow generally accepted industry standards to protect the personal information submitted to us. However, no method of transmission of personal information over the Internet, or method of electronic storage, is 100% secure. Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.
- RETENTION OF PERSONAL INFORMATION
We will retain your personal information while you have an account with us and thereafter for as long as we need it for purposes not prohibited by applicable laws. Thereafter, we will either delete your personal information or de-identify it so that it is anonymous and not attributed to your identity. Your rights to request that we delete or modify your personal information at any time by directly contacting us at the email listed below.
- WEBSITE BROWSER COOKIES
- SHARING YOUR PERSONAL INFORMATION
We do not sell, trade, or rent Users personal identification information to others. We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.
- MINORS and CHILDREN UNDER THE AGE of 16
JET does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register to use our services. No one under age 16 is allowed to provide any personal information to JET or the Service. In the event that we learn that we have collected personal information from a child under the age 16, we will delete that information as quickly as possible.
- CONTACT INFORMATION
Joy Energy Time LLC
Attn: Customer Support
3020 SW 139th Ave
Miramar FL 33027