Terms of Service
This Terms of Use Agreement is effective as of August 28, 2024
Introduction. Welcome to our website, jolienan.com (the “Site.”) This Terms of Use Agreement (the “Agreement”) is entered into between you and Jolie Nan Slovis, LLC (the “Company”) and defines the terms and conditions applicable to your use and purchase of products and/or services from the Site. The terms “we, “us,” and “our” refer to the Company. The terms “user,” “customer,” “you,” and “your” refer to visitors and users of the Site.
Agreement. This Site is maintained as a service to our customers. By using this Site, you agree that you have read, understood, and agree to be bound by the following terms and conditions of use. You further agree that you are at least eighteen (18) years old or of legal age in your applicable jurisdiction and can enter into a legally binding contract with the Company. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this site. Please also note this Agreement may be modified at any time by the Company, with or without notice. Any such modifications shall be effective immediately. Your continued use of any part of this Site or any service constitutes your acceptance of such changes to this Agreement. You can view the most recent version of these terms at any time here.
Privacy Policy. We care about data privacy and security when you visit our Site. Please review our Privacy Policy at PrivacyPolicy. By using our Site, you agree to be bound by this Privacy Policy, which is incorporated by reference into this Agreement. Please be advised our Site is hosted in the United States. If you access the Site from any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then you are transferring your data to the United States through your continued use of the Site, and you agree to have your data transferred to and processed in the United States.
User Representations. By using the Site, you represent and warrant that: (i) you have the legal capacity to do so and you agree to comply with this Agreement; (ii) you agree not to copy materials on the site, reverse engineer, or break into the site, or use materials, products or services in violation of any law; (iii) you will not access the Site through automated or non-human means, whether through a bot, script, or otherwise; (iv) you will not use the Site for any illegal or unauthorized purpose; and (v) your use of the Site will not violate any applicable law or regulation. If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of the Site (or any portion thereof).
Intellectual Property Rights. The Content provided on our Site, including but not limited to text, images, graphics, buttons, icons, audio, video, and logos, is for informational purposes only (“Content” or “the content”). We, Jolie Nan Coaching, and our licensors exclusively own all rights, including all intellectual property rights, interest, and title to the content.
You acknowledge that the content is protected by copyright, trademark, and other laws in the United States and foreign countries. You may not use, reproduce, modify, distribute, or create derivative works from our content without our prior written consent.
“User Content” refers to any content, writing, images, photographs, or other media shared by users to the site. We do not claim any ownership rights to User Content and nothing in these Terms should be construed to restrict a user’s right to use and exploit their own User Content.
You retain ownership of any User Content you submit, but by providing User Content to the Website, you grant Jolie Nan Coaching a non-exclusive, royalty-free, worldwide, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform your User Content in connection with the Site and Company's business.
Upon identification of any unauthorized utilization of our intellectual property, we shall contact and notify you of the infringement in writing. We will provide you a twenty-four (24) hour grace period from the time of electronic notification to remove the infringing content from all posting locations. Failure to comply within the stipulated twenty-four (24) hour timeframe will incur a penalty of $500 for each day of non-compliance, calculated on a per calendar day basis. Failure to comply within seven (7) calendar days after the receipt of our infringement notice, will result in the pursuit of any and all legal remedies including prosecution to the maximum extent of the law. By using this Site, you agree, understand, and acknowledge this provision.
Limited License. Subject to your compliance with these Terms of Use, Jolie Nan Coaching grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the content, materials, and services provided on the Site solely for your personal, non-commercial use.
You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store or transmit any of the content on the Site without prior written consent from Jolie Nan Coaching or the respective content owner, where applicable.
Trademarks. JOLIE NAN is a trademark owned by Company. Other product and company names mentioned on this Site may be trademarks of their respective owners.
Hyperlinking. This Site may be hyperlinked to and by other websites that are not maintained by or related to the Company. Hyperlinks to such other sites are provided as a service to you and are not sponsored by, endorsed, or otherwise affiliated with this Site or Company. Company has not reviewed every page of these other sites and is not responsible for the content of any linking sites. Any links made directly from Site to another web page should be accessed at your own risk. Company makes no representations or warranties about the content, completeness, quality, or accuracy of any other such website, and as such, shall not be liable in connection with any loss, damage, cost, or injury associated with any access thereto via this Site.
Social Media Services. You may be able to log into the Site through various online third-party services. Any information you provide to such third-party services that is provided to us will be used, stored, and disclosed by us pursuant to our Privacy Policy. The manner in which your information is used, stored, and disclosed by these third-party services is governed solely by those third parties. Company has no liability or responsibility for the actions of such third parties.
Online Orders. When placing an order on our Site, you are effectively offering to purchase whatever products and services you select. Company reserves the right to accept or reject any order in its own discretion. Company will only accept or reject an order in its entirety. Should Company elect to accept your offer, you will receive a confirming email at the email address that you provide at such time. Notwithstanding the foregoing, Company reserves the right to cancel any order once accepted (as evidenced by a confirming email) at any time in Company’s sole discretion. Additionally, you have the option of canceling your order (in its entirety only) at any time prior to Company having sent you the confirming email referenced herein.
Payment Terms. All applicable prices are set forth alongside the goods and services offered on the Site. Such prices are subject to change at any time by Company in its sole discretion. You will be responsible for the prices stated at the time of your transaction, as well as any: (i) sales, use, excise, and related taxes; and (ii) shipping and handling charges if applicable. Payment may only be made with a valid credit or debit card, or use of a bona-fide electronic payment provider (i.e.,Zelle, Venmo, Stripe). By using any such card or payment provider, you are hereby representing and warranting your full right and authority to make such purchase in the manner elected without violating any applicable law, rule, or regulation. We reserve the right to add or remove payment methods at our discretion. The available payment methods will be clearly indicated during the checkout process on the Website. In the event of unauthorized or fraudulent use of a payment method, you must promptly notify us and the relevant payment service provider(s) to report the incident and take appropriate actions to protect your interests.
Payment processing is subject to the terms and conditions of the payment service provider(s) and applicable financial institutions. We are not responsible for any delays, errors, or disputes that may arise during the payment process.
We may store and process payment information in accordance with our Privacy Policy.
Refunds. We strive to provide high-quality products and services. If you are not satisfied with your purchase, you may be eligible for a refund subject to the terms outlined in this Refund and Return Policy.
Some items, as indicated on the product page, are not eligible for return or refund. This may include but is not limited to personalized or custom-made items, downloadable digital products, and perishable goods. Please carefully review the product description to determine if an item is returnable before making a purchase.
To initiate a refund, for products where this is stated as option on the product page, you must contact our customer service at Jolie@jolienan.com within forty-eight [48] hours of receiving the product and include a full description of the reason for the refund. We will provide you with instructions on how to proceed.
Personally Identifiable Information. Company cautions you against giving out any personally identifying information about yourself or your children in any Communication Service. In an effort to preserve your privacy, Company agrees that it will treat any personally identifying information that you submit through this Site in accordance with the terms outlined in its Privacy Policy at PrivacyPolicy, as well as in conformance with all applicable laws, rules, and regulations.
Security. Any passwords used for this Site are for individual use only. You will be responsible for the security of your password(s) at all times. From time to time, Company may require that you change your password. You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password crackers, rootkits, Trojan horses, or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your account details to the system administrators of other websites and/or the authorities in order to assist them in resolving security incidents. Company reserves the right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use.
BY ACCEPTING THIS AGREEMENT YOU WAIVE ALL RIGHTS NOT SPECIFICALLY SET FORTH HEREIN, AND AGREE TO HOLD COMPANY HARMLESS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER COMPANY OR LAW ENFORCEMENT AUTHORITIES.
Right to Terminate Access. Company reserves the right to monitor use of this Site to determine compliance with these Terms of Use, as well as the right to edit, refuse to post, or remove any information or materials, in whole or in part, at its sole discretion.
Intended Audience - Age Requirement. This Site is intended for adults only. This Site is not intended for any children under the age of eighteen (18). By accessing or using the Site, you affirm that you are at least eighteen (18) years old. If you are not eighteen (18) years old, stop using this Site now. If you are under eighteen (18) years old, you may only use the Site under the supervision and consent of a parent or legal guardian who agrees to be bound by these terms on your behalf.
Results Disclaimer. All content provided on this Site, including but not limited to information, resources, and services, is for informational and educational purposes only. The information provided is not intended to replace professional advice, diagnosis, or treatment. The results or outcomes from utilizing the content on this Site may vary, and there is no guarantee of specific results. You, the User, acknowledges and agrees that you are fully responsible for your own actions, decisions, and results, and the Site makes no representations or warranties regarding the effectiveness or success of the information provided. The User assumes full responsibility for any consequences resulting from the use of any information or resources obtained from this Site.
Testimonial Disclaimer. Any testimonials, reviews, or endorsements featured on this Site, including those related to products or services, are provided solely for informational and educational purposes. These testimonials reflect the individual experiences and opinions of those who have used the products or services and are not indicative of typical results. The Site does not guarantee that You or any User will achieve similar outcomes or experiences, and individual results may vary. You acknowledges and agrees that these testimonials do not constitute a warranty or guarantee of any kind.
Non-Reliance. Opinions, advice, statements, or other comments on this Site should not necessarily be relied upon and should not be construed as professional advice from Site or Company. Site and Company do not guarantee the accuracy or completeness of the information provided and are not responsible for any loss resulting from your reliance on such information.
Responsibility for Use of Site. You understand and agree that you are solely responsible for your actions and decisions to meet other people who you connect with online or in person by virtue of the services provided on the Site. You understand that the Site and the Company do not perform psychological testing or background checks on the individuals who may use the Site. You understand and agree that you must take all reasonable precautions before meeting others through the Site, which includes, but is not limited to: exchanging email first before giving out any personal information and meeting in a public place.
Indemnification. You agree to indemnify, defend and hold harmless Company and our partners, employees, affiliates, agents, licensors, and service providers from and against any and all third-party suits, claims, demands, causes of action, liabilities, damages, judgments, losses, costs, and expenses, including reasonable attorney's fees, related to your use of the Site and/or your violation of this Agreement.
Disclaimer. THE INFORMATION ON THIS SITE IS PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS AND IS FOR INFORMATIONAL PURPOSES ONLY. IT DOES NOT CONSTITUTE MEDICAL ADVICE. VIEWING THIS WEBSITE DOES NOT FORM ANY LEGAL, MEDICAL, PROFESSIONAL OR OTHER RELATIONSHIP BETWEEN YOU AND COMPANY. ALTHOUGH THIS SITE PROVIDES INFORMATION RELATED TO HEALTH, WELLNESS, AND MEDICAL ISSUES, THE CONTENT AND INFORMATION PROVIDED IS NOT INTENDED TO CONSTITUTE OR BE A SUBSTITUTE FOR ADVICE FROM A QUALIFIED HEALTHCARE PROVIDER. YOUR USE OF THE SITE DOES NOT CREATE ANY DOCTOR-PATIENT RELATIONSHIP OR OTHER TREATMENT RELATIONSHIP BETWEEN YOU AND COMPANY OR ANY OF ITS REPRESENTATIVES (INCLUDING, BUT NOT LIMITED TO, JOLIE NAN SLOVIS). COMPANY ASSUMES NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON INFORMATION OR MATERIAL PROVIDED ON THIS SITE. RELIANCE ON ANY INFORMATION PROVIDED BY THIS SITE AND ITS PROVIDERS IS SOLELY AT YOUR OWN RISK. ALWAYS SEEK THE ADVICE OF YOUR QUALIFIED HEALTHCARE PROFESSIONAL WITH ANY QUESTIONS YOU MAY HAVE REGARDING A MEDICAL CONDITION. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING IT BECAUSE OF SOMETHING YOU HAVE READ ON THIS SITE. ALL INFORMATION ON THE SITE IS PROVIDED IN GOOD FAITH, HOWEVER WE MAKE NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, REGARDING THE ACCURACY, ADEQUACY, VALIDITY, RELIABILITY, AVAILABILITY, OR COMPLETENESS OF ANY INFORMATION ON THE SITE. COMPANY DISCLAIMS ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO ANY EXPRESS WARRANTIES, STATUTORY WARRANTIES, AND ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE IS TO DISCONTINUE USING THE SITE.
Limitation of Liability. UNDER NO CIRCUMSTANCES WILL COMPANY BE LIABLE OR RESPONSIBLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL (INCLUDING DAMAGES FROM LOSS OF BUSINESS, LOST PROFITS, LITIGATION, OR THE LIKE), SPECIAL, EXEMPLARY, PUNITIVE, OR OTHER DAMAGES, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN ANY WAY RELATING TO THE SITE, YOUR SITE USE, OR THE CONTENT, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE SITE AND/OR CONTENT IS TO DISCONTINUE USING THE SITE.
You may have additional rights under certain laws (including consumer laws) which do not allow the exclusion of implied warranties, or the exclusion or limitation of certain damages. If these laws apply to you, the exclusions or limitations in this Agreement that directly conflict with such laws may not apply to you.
Copyrights and Copyright Agent. If you believe your work has been copied by Company in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated on this Site, please provide a notice, as set forth in the Digital Millennium Copyright Act of 1998, containing all of the following information to Jolie Nan Slovis at 7851 Sophie Lane, Germantown, TN 38138 or Jolie@jolienan.com (i) An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; (ii) A description of the copyrighted work that you claim has been infringed; (iii) A description of where the allegedly infringing material is located on the Site; (iv) Your address, telephone number, and e-mail address; (v) A statement by you that you have a good faith belief the disputed use is not authorized by the copyright owner, its agent, or the law; and (vi) A statement by you, made under penalty of perjury, that the information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
Right to Monitor. The Site and Company reserve the right, but are not obligated, to monitor materials posted in any public area and shall have the right to remove any information deemed offensive by our staff. Notwithstanding the foregoing, you remain solely responsible for your use of any information contained on the Site.
Feedback, Comments, and Testimonials. With your prior permission, you agree that the Company has the right to use your feedback, whether in the form of emails, submissions, surveys, comments, discussions on the Services, or otherwise, for the purposes of marketing or promoting the Company’s services.
Use of Information. Company reserves the right, and you authorize us, to use and assign all information regarding your use of the Site and all information provided by you to the Site in any manner consistent with our Privacy Policy.
No Warranties. The Site and the Company provide the Site on an “as is” basis and do not make any warranty, express, implied, limited or other, with respect to the services provided. The Site and Company do not warrant that the service will always be available, uninterrupted, error-free, meet your requirements, or that any defects in the services will be corrected.
Jurisdiction and Applicable Law. You agree that the laws of the state of Tennessee, without regard to conflicts of laws provisions, will govern this Agreement and any dispute that may arise between you and Company.
Dispute Resolution. If the Parties are unable to resolve a dispute through informal negotiations, the dispute will be finally and exclusively resolved by binding arbitration. YOU UNDERSTAND THAT WITHOUT THIS PROVISION, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL. The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) and, where appropriate, the AAA’s Supplementary Procedures for Consumer Related Disputes (“AAA Consumer Rules”), both of which are available at the AAA website: www.adr.org. Your arbitration fees and your share of arbitrator compensation shall be governed by the AAA Consumer Rules and, where appropriate, limited by the AAA Consumer Rules. The arbitration may be conducted in person, through the submission of documents, by phone, or online. The arbitrator will make a decision in writing but need not provide a statement of reasons unless requested by either Party. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except where otherwise required by the applicable AAA rules or applicable law, the arbitration will take place in Shelby County, Tennessee. This binding arbitration will be the sole remedy in the event of a dispute between you and Company. The parties waive their right to lead or participate in any lawsuit, including a class action lawsuit.
Severability. If any provision of this Agreement is adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement will otherwise remain in full force and effect.
Entire Agreement. This Terms of Use constitutes the entire agreement between you and Company, governs the terms and conditions of your use of the Site, and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between you and Company with respect to this Site. Notwithstanding the foregoing, you may also be subject to additional terms and conditions, posted policies (including but not limited to the Privacy Policy), guidelines, or rules that may apply when you use the Site. Company may revise this Terms of Use at any time by updating this Agreement and posting it on the Site. Accordingly, you should visit the Site and review the Terms of Use periodically to determine if any changes have been made. Your continued use of the Site after any changes have been made to the Terms of Use signifies and confirms your acceptance of any such changes or amendments to the Terms of Use.
Waiver. Company’s failure to exercise or enforce any right or provision of this Agreement shall not operate as a waiver of such right or provision. Any waiver of this Agreement by the Company must be in writing and signed by an authorized representative of the Company.
Termination. Company may terminate this Agreement at any time, with or without notice, for any reason.
Relationship of the Parties. Nothing contained in this Agreement or your use of the Site shall be construed to constitute either party as a partner, joint venturer, employee, or agent of the other party, nor shall either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability, or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each shall remain independent contractors responsible for its own actions.
Violations. Please report any and all violations of this Agreement to the Company as follows:
Jolie Nan Slovis
Jolie@jolienan.com
7851 Sophie Lane
Germantown, TN 38138