BY VISITING WWW.JENAEMILYUTLEY.COM YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS.
The terms “we,” “us,” and “our” refer to Jená E. Utley LLC (DBA “Jena Emily Utley International LLC”) The term the “Site” refers to www.JenaEmilyUtley.com The terms “user,” “you,” “your,” “they,” and “their,” refer to site visitors, customers, and any other users of the site. The services we provide include online courses and digital products, blogs, webinars, live-events, and virtual events are referred to as the “Service”. Use of www.JenaEmilyUtley.com including all materials presented herein and all online services provided by Jená E. Utley 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 the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.
The User, recognizes and assumes full responsibility and grants full release from liability of Jená Utley & Jena Emily Utley International LLC. They concur that it is their responsibility to seek professional medical advice in regards to starting an exercise program. The User realizes that physical activities involving bodily movement can result in injury, including, but not limited to, muscle sprains, strains, broken bones, heart arrhythmias, cramps, maternal issues, soreness, and death. Risks may also include negligence of instructor(s), overtraining caused by The User, slip and fall, and known or unknown health conditions. The User understands pictures and videos may be taken during the course of the training sessions, which may be used for social media purposes and agree to such use. By paying for service, The User acknowledges that they are in good physical condition with no physical limitations, is capable of participating in a physical activity program, and has been cleared my a medical professional. The User also acknowledges that all information is true and accurate, and they accept full responsibility and liability for outcomes involving activities that may be preformed.
USE OF THE SITE AND SERVICE
To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 must have permission from guardian. Information provided on the Site and in the Service related to business and other information are subject to change. Jená E. Utley makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Jená E. Utley disclaims all liability for any inaccuracy, error, or incompleteness in the Content.
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 Jená E. Utley 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. 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 may use the Site and Service for lawful purposes only. 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
Jena Emily Utley International LLC operates as a Christian organization. We reserve the right to refuse any business that contradictions our religion and goes against our moral compass as it relates to the bible and biblical principals. The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until our final approval process. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.
We will email you to confirm the placement of your order and with details concerning product delivery. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible.
CANCELLATIONS, REFUNDS & RETURNS
All sales are final unless otherwise noted.
OUR INTELLECTUAL PROPERTY
The Site and Service contain intellectual property owned by Jená E. Utley including trademarks, copyrights, proprietary information, and other intellectual property. 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 Site or Service
Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.
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.
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 Jená Emily Utley. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
ENTIRE AGREEMENT; WAIVER
This Agreement constitutes the entire agreement between you and Jená Emily Utley pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Jená E. Utley 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 Jená E. Utley.
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
P.O Box 180491 Utica, MI 48318
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be construed in accordance with, and governed by, the laws of the State of Michigan as applied to contracts that are executed and performed entirely in Michigan The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Macomb County, Michigan The parties agree to attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement by mediation, which shall be conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention & Resolution or any other procedure upon which the parties may agree. 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.
Updated: December 2016