Terms of Use - Jasmine Powers | Marketing Fangirl | Sales and Marketing Consultant in New Orleans, LA Terms of Use - Jasmine Powers | Marketing Fangirl | Sales and Marketing Consultant in New Orleans, LA

Terms of Use

Jasmine Powers Terms of Use

Welcome to jasminepowers.com Jasmine Powers’ products and services are provided by Jasmine Powers.  These terms and conditions of use (hereafter referred to as “Terms”) govern your use of Jasmine Powers website the services offered by us or through our website, and any parts or sections thereof (hereafter referred collectively as, the “Services”), so please read them carefully.

By accessing this website or using the Services, you are agreeing to the Terms of Jasmine Powers’ Privacy Policy.  If you have any questions please contact us.

  1. DEFINITIONS
  2. Site:

“Site” means jasminepowers.com

  1. Parties:

“You” and “your” refer to you, as a user of the Site. A “user” is someone who accesses, browses, crawls, scrapes, or in any way uses the Site. “We,” “us,” and “our” refer to Jasmine Powers.

  1. Content:

“Content” means text, images, photos, audio, video, location data, and all other forms of data or communication. “Your Content” means Content that you submit or transmit to, through, or in connection with the Site, such as ratings, reviews, compliments, invitations, check-ins, messages, and information that you publicly display or displayed in your account profile. “User Content” means Content that users submit or transmit to, through, or in connection with the Site. “Jasmine Powers Content” means Content that we create and make available in connection with the Site. “Third Party Content” means Content that originates from parties other than Jasmine Powers or its users, which is made available in connection with the Site. “Site Content” means all of the Content that is made available in connection with the Site, including Your Content, User Content, Third Party Content, and Jasmine Powers Content.

  1. USE OF SITE
  2. Eligibility:

To access or use the Site you must be 18 years or older and have the requisite power and authority to enter in to these Terms.  You may not access or use the Site if you are a competitor of ours or if we have previously banned you from the Site.

  1. Permission to Use The Site:

We grant you permission to use the Site subject to the restrictions in these Terms.  Your use of the Site is at your own risk, including the risk that you might be exposed to Content that is inaccurate, objectionable, other wise inappropriate.

  1. Site Availability:

The Site may be modified updated, interrupted, suspended or discounted at any time without notice or liability.  Jasmine Powersassumes no responsibility for your ability to (or any cost associated with your ability to) access our communication or personal settings.

  1. RESTRICTIONS

You agree not to, and will not assist, encourage, or enable others to use the Site to:

  1. Violate any third party’s right including any breach of confidence, copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity or any other intellectual property or proprietary right.
  2. Promote a business or commercial venture or event, or otherwise use the Site for commercial purposes, except in connection as expressly permitted by Jasmine Powers.
  3. Violate any applicable law.

We are under no obligations to enforce the Terms on your behalf against another user.  While we encourage you to let us know if you believe another user has violated the Terms, we reserve the right to investigate and take appropriate action at our sole discretion.

 

  1. INTELLECTUAL PROPERTY

Certain names, logos and or phrases on the Site constitute trademarks and or copyrights of Jasmine Powers or others. The content of this Site, including but not limited to all the writing on the Site are the sole property of Jasmine Powers.  Reproduction in whole or in part is strictly prohibited without our express written permission.

Material that is protected by copyright or trademark not be used without permission from the copyright/trademark owner.  Since the Internet makes it so easy to infringe on someone’s intellectual property, it is impossible for us to know if your uploading represents infringement. You are responsible for the material you post on the Site and will be held legal responsible for the copyright and or trademark infringement.

 

  1. INFORMATION ON THE PRODUCTS

Jasmine Powers offers the following products and services for entrepreneurs who are looking to start or grow a business, including but not limited to: paid membership communities, digital information courses, group and individual business consultation (Services/Products).

  1. LIMITED LICENSE

Jasmine Powers grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.

  1. OUR RELATIONSHIP TO YOU

This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Jasmine Powers.

 

  1. ERRORS, INACCURACIES, AND OMISSIONS

Occasionally there may be information on our site or in the Product/Servicethat contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Product/Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

  1. INDEMNIFICATION

You agree to defend, indemnify and hold harmless Jasmine Powers, its corporate affiliates, independent contractors, service providers and consultants, and each of their respective directors, employees and agents, from and against any claims, damages, cost, liabilities and expenses (including, but not limited to, reasonable attorney fees) arising out of or related to any Product or Service you purchase using our affiliate link without limitation any actual or threatened suit, demand or claim arising out of or relating to the Products and Services displayed on our website, your violation of these Terms, or your violation of the rights of any third party.

 

  1. TERMINATION

Notwithstanding any of these Terms, Jasmine Powers reserves the right, without notice and in its sole discretion, to terminate your license to use the Services, and to block or prevent your access to use of the Services.  Jasmine Powers reserves the right to refuse service to anyone for any reason at any time.  In the event of termination of access to the Services for any reason, you have no right to obtain a copy of any data or communication you stored or effected via the Services, or any other data.

  1. JURISDICTION OF LAW

The laws of the State of New Orleans will apply to any dispute arising out of or relating to these Terms or the Services.  All claims arising out of or relating to these Terms or the Services will be litigated exclusively in the state of federal courts of Palm Beach County, Florida, and you and Jasmine Powers consent to personal jurisdiction and exclusive venue in such courts.

  1. ENTIRE AGREEMENT

These terms constitute the entire agreement between you and Jasmine Powers with respect to the subject matter of these Terms, and supersede and replace any prior version of the Terms.  These Terms create no third party beneficiary rights.

 

  1. WARRANTY DISCLAIMER

Jasmine Powers is not responsible or liable in any manner for any Content posted on our Website or in connection with our Services, whether posted or caused by Members of our Website, or by Jasmine Powers. Although we provide rules for Member conduct and postings, we do not control and are not responsible for what Members post, transmit, or share on our Website or Services, and are not responsible for any offensive, inappropriate, obscene, unlawful, or otherwise objectionable content you may encounter using our Website or Services. Jasmine Powers is not responsible for the online or offline conduct of any User of our Website or Services.

Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Jasmine Powers assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of Member communications.

Jasmine Powers is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Members’ or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software provided through our Website or Services.

Under no circumstances will Jasmine Powers be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline.

Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.

THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.

Jasmine Powers, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. Jasmine Powers CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE. Jasmine Powers DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED.

WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND Jasmine Powers.

OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

  1. LIMITATION OF LIABILITY

IN NO EVENT WILL Jasmine Powers OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF Jasmine Powers IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Jasmine Powers’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.

  1. MEMBER CONDUCT

Members may post their content to our Website through our Services (Member Content). Members and Visitors understand that by using our Website or Service, they may be exposed to content that is offensive, indecent, or objectionable. We have no control over Member Content and do not in any way guarantee its quality, accuracy, or integrity. Jasmine Powers is not responsible for the monitoring or filtering of any Member content. Should any Member Content be found illegal, Jasmine Powers will submit all necessary information to relevant authorities.

If any Member Content is reported to Jasmine Powers as being offensive or inappropriate, we may ask the Member to retract or otherwise modify the questionable content within 24 hours of being notified by Jasmine Powers. If the Member fails to meet such a request, Jasmine Powers has full authority to restrict the Member’s ability to post Member Content OR to immediately terminate the Member’s membership without further notice to the Member.

Without limiting the foregoing, we have sole discretion to remove any Member Content that violates this Agreement or that is otherwise objectionable in our sole discretion. Members are responsible for complying with all applicable federal and state laws for their content, including copyright and trademark laws. Members will respect copyright and trademark laws.

You warrant that you will not use our Services to infringe on the intellectual property rights of others in any way. In accordance with the DMCA and other applicable law, we have adopted a policy of terminating Members whom we deem, in our sole discretion, to be infringers of others’ intellectual property rights.

As a Member, you agree not to use our Services to do any of the following:

Upload, post, or otherwise transmit any Member Content that:

  • Violates any local, state, federal, or international laws
  • Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
  • Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another’s privacy, hateful, or racially, ethically, or otherwise objectionable
  • Links directly or indirectly to any materials to which you do not have a right to link
  • Contains any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
  • Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
  • Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
  • In the sole judgment of Jasmine Powers is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Jasmine Powers, our affiliates, or our Users to any harm or liability of any type

Use our Content to:

  • Develop a competing website
  • Create compilations or derivative works as defined under United States and Canadian copyright laws
  • Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
  • Decompile, disassemble, or reverse engineer our Website, Services, and any related software
  • Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
  1. SEVERABILITY AND SURVIVAL

Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.

  1. CHANGES TO OUR TERMS AND CONDITIONS

We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email or in writing. We will also post these changes on our website. These changes will become effective 30 days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.