Hello and thank you for visiting! It’s important that everyone has a safe and happy online experience. Here are the rules:
Users of our Service must be 18 years of age or older, at a minimum you must be over the age of 13 with a parent’s permission to use our Sites. Users must be 18 years or older to purchase any of our products or Services.
We comply with the CAN-SPAM Act, the Children’s Online Privacy Protection Act, the Digital Millennium Copyright Act and all applicable rules, regulation laws, statutes, ordinances, codes, and guidelines, including those of the Federal Trade Commission (collectively, “Applicable Laws”) By using the Sites you agree to abide by all Applicable Laws and to refrain from assisting anyone to evade any Applicable Law.
By accessing and/or using the Websites, you agree to comply with these community guidelines (the “Community Guidelines”) and that:
- You will comply with all applicable laws in your use of the Sites and will not use the Sites for any unlawful purpose;
- You will not upload, post, email, transmit, or otherwise make available any content that:
- infringes any copyright, trademark, right of publicity, or other proprietary rights of any person or entity; or
- is defamatory, libelous, indecent, obscene, pornographic, sexually explicit, invasive of another’s privacy, promotes violence, or contains hate speech (i.e., speech that attacks or demeans a group based on race or ethnic origin, religion, disability, gender, age, veteran status, and/or sexual orientation/gender identity; or
- discloses any sensitive information about another person, including that person’s email address, postal address, phone number, credit card information, or any similar information.
- You will not “stalk,” threaten, or otherwise harass another person;
- You will not spam or use the Sites to engage in any commercial activities;
- If you post any content or comments, you will stay on topic;
- You will not access or use the Sites to collect any market research for a competing business;
- You will not impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
- You will not interfere with or attempt to interrupt the proper operation of the Sites through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Sites through hacking, password or data mining, or any other means;
- You will not cover, obscure, block, or in any way interfere with any advertisements and/or safety features (e.g., report abuse button) on the Sites;
- You will not use any robot, spider, scraper, or other automated means to access the Sites for any purpose without our express written permission; provided, however, we grant the operators of public search engines permission to use spiders to copy materials from the public portions of the Sites for the sole purpose of and solely to the extent necessary for creating publicly-available searchable indices of the materials, but not caches or archives of such materials;
- You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure; and
- You will let us know about inappropriate content of which you become aware. If you find something that violates our Community Guidelines, please let us know by emailing firstname.lastname@example.org, and we’ll review it.
We reserve the right, in our sole and absolute discretion, to deny you access to the Sites, or any portion of the Sites, without notice, and to remove any content that does not adhere to these Community Guidelines.
No Medical Advice; Speak With Your Doctor
While the Site Content may be related to general and specific fitness, nutrition and lifestyle issues, the Site Content is made available with the express understanding that neither Jennifer Dene Richardson, the other experts on the Sites, nor the Sites themselves, nor users of the Sites are dispensing medical advice. Do not use information from the Sites for self-diagnosis.
All information, materials, articles, statements, products and opinions of the sites are derived via certified training in health coaching and fitness, from a collection of personal experiences, information that is in the public domain and that of government guidelines.
IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT YOUR HEALTH AND FITNESS BEFORE STARTING OR STOPPING ANY TREATMENT OR ACTING UPON INFORMATION CONTAINED ON THE SITES, YOU SHOULD CONTACT YOUR PHYSICIAN OR HEALTH CARE PROVIDER.
By using the Sites you understand that:
- All content created by Jennifer Dene Wellness is for informational and educational purposes only.
- Any statements listed on our Site or Service have not been evaluated by any other national or international agencies.
- None of the content or products offered on the Sites are meant to diagnose, treat, alleviate or relieve any medical or health conditions.
- The products and content found on the Sites are not intended as a substitute for the advice provided by your physician or other healthcare professional.
- You should always speak with your physician or other healthcare professional before adopting any treatment for a health problem, dietary change or starting a new fitness program, or before using any of our products.
- If you have or suspect that you have a medical problem, promptly contact your health care provider.
- Never disregard, avoid, or delay obtaining medical advice from your doctor or other qualified health care provider because something you have read on our Sites.
- You should be in good health and physically fit when using our product or Service, failure to be in good health may result in adverse health consequences.
- Please seek medical advice in regards to your health conditions and physical fitness.
- If at any time you notice any unanticipated changes to your health (physical, mental or emotional), you should seek medical attention immediately.
Nutritional information provided on the Sites is based on extensive research of current, peer-reviewed scientific literature. Before relying on any nutritional information on the Sites, you should carefully evaluate the accuracy, completeness and relevance of this information to your purposes and health particularities, and consider the need to obtain appropriate expert advice relevant to your circumstances. We do not give any warranty that the information is free from error or suitable for your purposes.
By using the Sites you understand that:
- Jennifer Dene is a trained health coach and fitness professional. She is not acting in the capacity of a doctor, licensed dietician, psychologist or other licensed or registered professional.
- The role of the Health Coach is not to prescribe or assess micro- and macronutrient levels; provide health care, medical or nutrition therapy services; or to diagnose, treat or cure any disease, condition or other physical or mental ailment of the human body. Rather, the Health Coach is a mentor and guide who has been trained in holistic health coaching to help clients reach their own health goals by helping clients devise and implement positive, sustainable lifestyle changes.
- Any information provided on the Sites, through participation in the Program(s), via electronic communication and/or contained within any Services or Site Content are for informational purposes only and are not intended to diagnose, prevent, treat or cure any disease or condition, nor intended as medical or nursing advice.
- The information provided on this website are guidelines for a broad-spectrum audience. Implementation of these guidelines is at the user’s discretion and sole risk.
- The Jennifer Dene Wellness recipe plans are for guideline purposes only, and are not designed to replace the users current eating habits. Recipes may not be nutritionally complete for certain populations.
Persons with pre-existing medical conditions, in poor health, or with any concerns as to commencement of new fitness regime should consult with an appropriate healthcare professional before beginning any fitness program. You are responsible to make your own inquiries and seek independent advice from a healthcare professional before acting on any information or material made available to you through our website. Our information service may not be suitable to your particular circumstances and is not a substitute for obtaining specific advice from a qualified health care professional.
You acknowledge that by participating in our information service you are doing so voluntarily and, depending on your particular circumstances, there may be risks to your health. You further acknowledge that these risks may be caused by your own acts or omissions, or those of other users of the Sites, or may be risks that are not known to you or are not readily foreseeable at the time of using the information service. You assume all risks in connection with your participation in our information service. To the extent permitted by law, we exclude any express or implied warranties of reasonable care and skill.
By using the Sites you understand that:
- Exercise is not without its risks and this this or any other exercise program may result in injury.
- As with any exercise program, if at any point during your workout you begin to feel faint, dizzy or have intense physical discomfort you should stop immediately and consult a medical professional.
- Always consult your physician or health care provider before beginning any new exercise program.
- If you choose to use this information without the prior consent of your physician, you are agreeing to accept full responsibility for your decisions.
- The information on this website is designed to help individuals within a broad-spectrum audience progress towards their health and fitness goals. It is not specifically tailored to suit any injuries, health problems, special diets or any other problems that could be aggravated with low, moderate or high intensity physical exercise.
- The sites are continually under development and Jennifer Dene Wellness, LLC makes no warranty of any kind, implied or express, as to its accuracy, completeness or appropriateness for any purpose. In that regard developments in medical research may impact the fitness and nutritional information that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material.
- The Sites are not promoting poor body image or extreme training regimens. Jennifer Dene Wellness, LLC should not be held liable for the interpretation or use of the information provided.
The Site Content cannot replace or substitute for the services of trained professionals in any field, including, but not limited to medical, fitness, nutrition, financial or legal matters. We encourage you to seek the advice of professionals, as appropriate, regarding the evaluation of any specific information found on the Sites. Your access and use of the Sites does not in any way create a physician/patient, confidential or privileged relationship, or any other relationship that would give rise to any duties on our part or the part of its contributors. We do not endorse any specific training routines, diets, tests, physicians, procedures, opinions, or other information that may appear on the Sites. Your reliance on any information provided on the Sites is solely at your own risk. We are not liable for any direct, indirect, consequential, special, exemplary or other damages that may result, including but not limited to, economic loss, injury, illness or death, by any person following the information offered or provided within or through the Sites
Please be aware that any testimonials on the Sites may not reflect the results that you may achieve. Results may vary and your experience may not be similar to the experience of the user testimonials.
If you access the Sites as a visitor, you will not be required to provide personally identifiable information. However, to access certain Services, you may be required to register or to create an account and to provide certain information.
When registering an account, you agree to:
- provide true and accurate information about yourself
- create a suitable username that is not offensive, infringing or deceptive
- not register for more than one account,
- not register for an account on behalf of someone other than yourself
- maintain the security of your passwords and identification
- be responsible for all use and activity under your account, and the consequences thereof, regardless of whether you have authorized such use and activity
- immediately notify us of any unauthorized use of your password or account or any other breach of security
In order to purchase any Jennifer Dene Wellness products or services you will be required to provide us with your credit card information. Please be aware that all credit card information may be shared with our third party payment processors such as PayPal and Sam’s Cart. By ordering a Jennifer Dene Wellness product or service, you agree that we may charge you the price listed at the checkout screen on our Sites. If you have any issues with payment do not hesitate to contact us at email@example.com
The prices for services provided under this Agreement will be as set out on the website at the time you apply for the services.
All prices are in US dollars unless otherwise stated and inclusive of all taxes.
Installment Payments for 1:1 Coaching or Group Coaching Program
Installment payments will be deducted automatically each month, for three months, from the time of purchase. If your payment details change or payment is defaulted at any stage your Program account will be frozen until you update your payment details. By selecting an installment payment plan you agree to pay all monies owed in full, unless otherwise agreed by Jennifer Dene Wellness (see Refunds).
Prior to the start of the 1:1 or Group Coaching Programs (“Program(s)”) you will be eligible for a full refund less the value of any additional products or services you received as part of your purchase. Please review the terms & conditions for the individual programs for sale for up-to-date refund policies.
Once your Program has begun you will be ineligible for any refunds. If you are unable or unwilling to undertake the program after its commencement, we are unable to defer the start of your program until the next program or transfer the program to another user of our Site and Service.
If you choose to cease participation in the Program(s) you are required to submit written notice 5 days prior to your next billing period. In doing so you will be removed from the Program(s) and no longer charged. Cancellation less than 5 days prior to your next billing period will result in the following month payment to be authorized, without refund.
No refunds are available for electronic products, including but not limited to audio downloads, e-books, and other information products.
Accessing The 1:1 or Group Coaching Program
After processing your payment, you will be granted access to our Program(s) upon the start of the program as listed on the Sites, or agreed upon directly. Additional information about the Program(s) can be found within our Sites. You will continue to have access to the Program(s) for two weeks following the final program date. If you request your service to be discontinued your access to the Program(s) will be revoked.
If you have any questions about our Program or other products do not hesitate to contact us. You may contact us by email at firstname.lastname@example.org
Modification of Service
We reserve the right to alter, update, or remove our Services at any time. We may conduct such modifications to our Services for security reasons, intellectual property or other legal reasons, or various other reasons at our discretion, and we are not required to explain such modifications. For example, we may provide updates to fix security flaws, or respond to legal demands. Please note that this is a non-binding illustration of how we might exercise our rights under this section, and nothing in this section obligates us to take measures to update the Service for security, legal or other purposes.
Our License Grant to You
We make our Services available to you through our Sites. When you use our Services, we grant you a personal, non-exclusive, revocable, limited license to use our Services and access our Sites. This means you may not resell our Services anywhere else, share your license to use our Services with anyone else, reverse engineer, decompile, modify or otherwise attempt to copy our Services.
Intellectual Property Rights and License Grant For Your Content
The design of the Sites and Services along with all Jennifer Dene Wellness created text, templates, scripts, graphics, videos, articles, recipes, postings, links, information interactive features and the trademarks, service marks and logos contained therein (collectively “the Site Content”), are owned by or licensed to Jennifer Dene Wellness, LLC.
By uploading, transmitting, posting or otherwise making available any material via the Sites and associated social media platforms, including providing us with any comments, feedback, ideas or suggestions, you grant us a non-exclusive, worldwide, royalty-free, perpetual license to use, reproduce, edit and exploit the material in any form and for any purpose, and unconditionally waive all moral rights.
It is our policy to remove any materials that infringe upon another party’s intellectual property rights. In accordance with the Digital Millennium Copyright Act (the “DMCA”), and upon proper notice, we will remove User Content (and any other Site Content) that violates copyright law. If you believe your work has been infringed send an email to email@example.com containing the following information: (i) the identification of the copyrighted work; (ii) the location the material on the Sites; (iii) your contact information; (iv) a statement that you have a good-faith belief that the use is unauthorized, (v) a statement that you are the copyright owner or authorized to act on the copyright owner’s behalf and (vi) a statement, made under the penalty of perjury, that all the information in your notice is accurate; and (vii) your signature (physical or electronic).
By submitting a notice, you acknowledge and agree that we may forward your notice and any related communications to any users who posted the material identified in such notice or to other third parties.
Links to Third-Party Sites
You may link to our website without our consent. Any such linking will be entirely your responsibility and at your expense. By linking, you must not alter any of our website’s contents, including any intellectual property notices. At our request, you must immediately remove any link to our website.
We do not guarantee that the Sites will always be available, work, or be accessible at any particular time. Only users who are eligible to use our Sites or Service may do so. We reserve the right to terminate access for anyone. We cannot guarantee that any products found on our Sites or Service will work as advertised, or that they will give you the desired results.
- Your use of this site is at your risk. The information, materials and services provided on or through this site are provided “as is” without any warranties of any kind including warranties of merchantability, fitness for a particular purpose, or non-infringement of intellectual property.
- Neither Jennifer Dene Wellness nor any of their respective affiliates warrant the accuracy or completeness of the information, materials or services provided on or through the Sites.
- Although we in good faith believe that the information provided will help you live a healthier life, using our products or information may not give you the results you desire or may cause negative health consequences. For this reason we ask you to consult a doctor before using any of our products or programs and to be physically fit and in good health.
- The information, materials and services provided on or through this web site may be out of date, and neither Jennifer Dene Wellness nor any of their respective affiliates makes any commitment or assumes any duty to update such information, materials or services. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
- To the fullest extent permissible by applicable law, we hereby disclaim all warranties of any kind, either express or implied, including, any implied warranties with respect to the products and services listed or purchased on or through this web site. We hereby expressly disclaim all liability our service, for product defects or failures, claims that are due to your use of our service or products, product misuse, abuse, product modification, improper product selection, non-compliance with any codes, or misappropriation. The foregoing exclusions of implied warranties do not apply to the extent prohibited by law. Please refer to your local laws for any such prohibitions.
- By accessing our website, you assume all risks associated with its use, including but not limited to the risk that your computer, software or data may be damaged by any virus, worm, Trojan horse and/or malware transmitted by this website or by any Third Party Content or Third Party Website. To the extent permitted by law, all warranties, conditions and claims (whether express or implied) arising out of or in any way connected with this website are hereby excluded. By accessing our website, you agree to indemnify and hold us harmless for any loss, damage, costs or expenses (including legal fees) whatsoever suffered by any person or entity arising out of or in any way connected with your access to this website.
Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAWS, IN NO EVENT WILL WE BE LIABLE TO YOU OR ANYONE ELSE UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STATUTORY, OR OTHERWISE) FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, DATA, REVENUES, PROFITS, GOODWILL, OR OTHER INTANGIBLE LOSSES (EVEN IF WE WERE ADVISED OF, KNEW OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES).
In the event of any problem with the Sites or any content, you agree that your sole remedy is to cease using the Sites. In the event of any problem with the products or services that you have purchased on or through the Sites, you agree that your sole remedy is to seek a return and refund for such product or services in accordance with the returns and refunds policies posted on our site.
We control and operate the Sites from our offices in the United States. We do not represent that materials on the Sites are appropriate or available for use in other locations. People who choose to access the Sites from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
For Jurisdictions that do not allow us to limit our liability: Notwithstanding any provision of this Agreement, if your jurisdiction has provisions specific to waiver or liability that conflict with the above then our liability is limited to the smallest extent possible by law. Specifically, in those jurisdictions not allowed, we do not disclaim liability for: (a) death or personal injury caused by its negligence or that of any of its officers, employees or agents; or (b) fraudulent misrepresentation; or (c) any liability which it is not lawful to exclude either now or in the future.
If you are a resident of a jurisdiction that requires a specific statement regarding release then the following applies: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.” You hereby waive any provision in law, regulation, or code that has the same intent or effect as the aforementioned release. Your ability to use our site is contingent on your agreement with this and all other sections of this agreement. In the event that we may not limit our liability in your jurisdiction, you agree our total liability to you is not more than US$100 or the total amount you spent while using our site, products, and service within the last six months, whichever is greater.
Choice of Law
This Agreement shall be governed by the laws in force in the state of North Carolina. The offer and acceptance of this contract is deemed to have occurred North Carolina, United States Of America.
Forum of Dispute
You agree that any dispute arising from or relating to this Agreement will be heard solely by a court of competent jurisdiction nearest to the state of North Carolina, USA.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorneys’ fees, court costs, and disbursements in doing so.
You agree that the unsuccessful party in any dispute arising from or relating to this Agreement will be responsible for the reimbursement of the successful party’s reasonable attorneys’ fees, court costs, and disbursements.
You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.
Severability; Waiver; Modification
We reserve all rights permitted to us under this Agreement as well as under the provisions of any applicable law. Our non-enforcement of any particular provision or provisions of this Agreement or the any applicable law should not be construed as our waiver of the right to enforce that same provision under the same or different circumstances at any time in the future.
The communications between you and our Sites use electronic means, whether you visit the Site or Service or send us e-mails, or whether we post notices on the Sites or Services or communications with you via e-mail. For contractual purposes, you (1) consent to receive communications from Jennifer Dene Wellness in an electronic form; (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
You hereby irrevocably waive any right to seek and/or obtain injunctive or other equitable relief or any order against us, and/or to enjoin or restrain or otherwise impair in the production, distribution, exhibition or other exploitation of any of our productions or projects.