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Terms of Use – Joanne Spataro LLC

  1. Terms and Conditions – Joanne Spataro LLC (the “Provider”) agrees to
    provide you with access to Programs, Courses, and Memberships (the
    “Programs”) upon the following terms and conditions. By registering for the
    Programs, you (the “Participant” or “You”) agree to be bound by and to abide by the following terms and conditions.
  2. Effective Date – This Agreement shall start upon registration by the
    Participant in the Programs and shall be enforceable between the parties starting on that registration date.
  3. Programs – The Provider agrees to provide access to all of the Programs
    features as described in the specific Programs sales page on the Effective Date. These Programs features may include lessons, forms, worksheets, checklists, ongoing live training sessions, and private discussion groups The Provider may also introduce discounts or bonuses to Participants upon the purchase of other products or services.
  4. Limited License – By purchasing the Programs, the Participant is granted a
    single-use, non-exclusive, non-transferable, revocable license to access, view and use the Programs. The Participant is granted the right to download, store and print single copies of items comprising the Programs. All ownership rights in the intellectual property related to the Programs remain with the Provider and the Participant may not use or reproduce any of the content in any manner, without the express written consent of the Provider. Any violation of the copyright or trademark rights of the Provider shall result in immediate termination of access to the Programs without refund.
  5. Copyright – For so long as you are in compliance with these Terms and solely for so long as you are permitted by us to access the Programs, we grant you a limited, non-transferable, non-exclusive, non-assignable, revocable right and license to access the Programs on behalf of yourself, non-commercial purposes, a right which may not be assigned or sublicensed to anyone. This license includes the right to view Content (as defined in below) available on the Programs and the right to download one copy of the application to any single device for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. This license will remain in effect unless and until you violate these Terms, or this license is terminated by you or us. “Content” means messages, reviews, photos, audio, video, music, images, text, graphics, software, and other types of works of authorship of any kind, and information or other materials posted, generated, provided, or otherwise made available through the Services. All Content included on the Site or otherwise within the Services is the exclusive property of Joanne Spataro LLC, as applicable, and is protected by national and international copyright and other intellectual property laws.
  6. Programs Registration – The Participant agrees to provide true, accurate,
    current and complete information as prompted by any registration form and to maintain and promptly update the information to ensure it remains true,
    accurate, current and complete. The Participant is responsible for maintaining the confidentiality of the password and account, and for all activities that occur under your account. In consideration of use of the Website, you agree to maintain and update true, accurate, current and complete Registration Data. If you provide any information that is untrue, inaccurate, not current or incomplete, or if the Provider have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, the Provider may suspend or terminate Programs access without refund. The Provider reserves the right in its sole discretion, to terminate access of the Participant to the Programs and the related services or any portion thereof at any time, if the Participant becomes disruptive to the Programs or other Programs participants, fails to follow the Programs guidelines. In the event of a termination of the Programs, the Participant shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
  7. Fees – The fees for online courses and any membership Programs shall be as set out in the Programs website and oers from time to time. Prices may be subject to change without notice. The fees charged by the Provider shall be subject to all applicable taxes as required by the taxing authorities in the jurisdiction of Provider.
  1. Refunds – All programs have a no refund policy. If you choose to withdraw
    early from a program, you will be responsible to pay any remaining fees. All sales are final.
  2. Passwords – Any passwords and user IDs used for the Programs are for the
    Participant’s individual use only. The Participant is responsible for the security of their password and user ID (if any), and is responsible for all activities that occur under their user ID and password. The Participant agrees to notify the Provider immediately of any unauthorized use of their password or account or any other breach of security. The Provider will be entitled to monitor passwords and user IDs and, at its discretion, require Providers to change passwords. The Participant further agrees that the Provider will not be responsible for the unauthorized use of a Participant profile by any other person and is under no obligation to confirm the actual identity of any password or user ID. The Provider cannot and will not be liable for any loss or damage arising from a Participant’s failure to comply with these provisions.
  1. Credit Card Authorization – By purchasing a Programs with a payment
    plan or recurring membership fees, the Participant hereby authorizes the
    Provider to charge their credit card or other payment card automatically for any ongoing membership fees or payments owing as determined by the provisions of this Agreement.
  2. Please review our Privacy Policy to learn about: (a) What information
    we may collect about you; (b) What we use that information for; and (c)
    With whom we share that information.
  3. Legal Disclaimer – Not Professional Advice – The Provider provides
    the information contained in the Programs to the Participant for informational and educational purposes only. The information contained in the Programs, including any interactions with instructors or coaches, and participation in any social media groups or chats, and shall not be understood or construed as professional advice. The Participant shall be required to use their own judgment in applying the information provided in the Programs to their own personal circumstances and may wish to get additional professional advice where appropriate.
  4. Legal Disclaimer – Technology – The Provider shall not be liable for any
    losses or damages of any kind related to any websites, course hosting platforms or any other technology used in the delivery of the Programs being unavailable or unusable for any reason whatsoever. The Participant hereby agrees that they have the necessary Internet connection and other technology in order to participate fully in the Programs.
  5. LIMITATION OF LIABILITY. Subject to applicable law, in no event shall
    the Provider and its partners, employees, consultants, agents or licensors be liable for damages of any kind including, without limitation, any direct, special, indirect, punitive, incidental or consequential damages including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data or lost profits arising from your use of, reliance upon, or inability to use the Programs, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence), or otherwise. The foregoing limitation shall apply even if the Provider knew of or ought to have known of the possibility of such damages.
  1. DISCLAIMER OF WARRANTIES. The Programs is provided “as is”
    and “as available”, without warranty or condition of any kind, either express or implied. The Provider expressly disclaims all warranties and conditions,
    including any statutory or implied warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment or non-infringement in respect to the Programs, to the fullest extent permissible under applicable law. While the Provider endeavors to provide content that is correct, accurate and timely, no representations or warranties are made regarding the Programs including, without limitation, the Providers provide no representation or warranty that (i) the Programs will be accurate, reliable, complete, current, timely or suitable for any particular purpose, (ii) that the operation of the course hosting platform will be uninterrupted or error-free, (iii) that defects or errors in the Programs will be corrected, (iv) that the course hosting platform will be free from viruses, malware, worms or other harmful components, and (v) that communications to or from the course hosting platform will be secure and/or not intercepted. You acknowledge and agree that you are using the Programs at your own risk and liability.
  2. RELEASE AND INDEMNITY. The Participant hereby agrees to release
    the Provider and their partners, employees, consultants, agents and licensors from, and in no event shall any or all of the Providers and their partners, employees, consultants, agents or licensors be liable to you or any other person or entity, for any and all liabilities and damages (including any direct, indirect, special, exemplary or consequential damages, including lost profits) whatsoever arising from your use of the Programs (including any breach by you thereof), or otherwise relating to this Agreement and you agree that your sole remedy for any claim, loss, damage, costs or expenses is to cease using the Programs. The Participant will indemnify and hold harmless the Provider and its partners, employees, consultants, agents or licensors from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees) incurred by any of them due to or resulting from your use of the Programs or otherwise relating to this Agreement (including any breach by you thereof). The Participant will also indemnify and hold harmless the Provider and their partners, employees, consultants, agents or licensors from and against any claims brought by third parties arising out of your use of the Programs or its content.
  1. Governing Law and Jurisdiction. – Your access of the Programs, all actions
    contemplated hereunder, and any and all disputes directly or indirectly arising out of or otherwise relating to this Agreement shall be governed by and construed in accordance with the laws of the United States of America and the State of New York as if these Terms were an agreement wholly entered into and wholly performed within the State of New York, without reference to the choice of law rules thereof. The exclusive jurisdiction for any claim or action arising from or relating to these Terms or the use of the Site (except where arbitration is specified) shall be with the state or federal courts located in the State of New York.
  1. Customer Service Requests – If you have questions or comments or need
    to provide notice of any kind to the Provider regarding Programs including
    cancellations or refunds of your Programs fees, please e-mail us at
    lookitsjoanne@gmail.com.
  2. Entire Agreement – This is the entire agreement between the Participant
    and the Provider relating to your access and use of the Programs and the
    content therein