TERMS AND CONDITIONS
DO NOT USE THIS PLATFORM FOR EMERGENCY MEDICAL NEEDS. IF YOU EXPERIENCE A MEDICAL EMERGENCY, IMMEDIATELY CALL 911 (OR YOUR EMERGENCY SERVICE NUMBER).
IF YOU ARE THINKING ABOUT SUICIDE, CONSIDERING HARMING YOURSELF OR OTHERS, FEEL THAT YOU (OR ANY OTHER PERSON) MAY BE IN ANY DANGER OR HAVE ANY MEDICAL EMERGENCY, IMMEDIATELY CALL THE EMERGENCY SERVICE NUMBER AND NOTIFY THE RELEVANT AUTHORITIES. IT IS CRITICAL TO SEEK IMMEDIATE IN PERSON ASSISTANCE.
THE INTENTION OF THIS PLATFORM IS NOT TO BE USED IN ANY OF THE CASES ABOVE OR IN REPLACEMENT OF PROFESSIONAL ASSISTANCE OF ANY SORT. THE CONTENT FOUND ON THIS PLATFORM CANNOT PROVIDE THE ASSISTANCE REQUIRED IN ANY OF THE CASES ABOVE. THE PURPOSE OF THE PLATFORM IS NOT TO PROVIDE ANY INFORMATION REGARDING WHICH MEDICAL TREATMENT MAY BE APPROPRIATE FOR YOU, AND YOU SHOULD DISREGARD ANY SUCH ADVICE OBTAINED THROUGH THE PLATFORM.
DO NOT DISREGARD, AVOID, OR DELAY IN OBTAINING IN-PERSON CARE FROM YOUR DOCTOR OR OTHER QUALIFIED PROFESSIONAL BECAUSE OF INFORMATION OR ADVICE YOU RECEIVED THROUGH THE PLATFORM.
By visiting and using jessicabellalvarez.com (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits and/or views the website. Jessica Bell Alvarez (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates.
Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions, Privacy Policy, or Disclaimer.
Age and United States Of America Use Only
All information and content on this website is intended for individuals over the age of 18 that reside in the United States. Children under the age of 18 are prohibited from using this website. Please see our Privacy Policy in regards to Children's Privacy. We do not envision offering products or services to individuals living in the European Union as outlined in the General Data Protection Regulation. Additionally, we make no representation that the information provided on the website including any products and/or services are available or appropriate for use in other locations including but not limited to the European Union as outlined in the General Data Protection Regulation.
Privacy Policy
We are fully dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
Disclaimer
Your acceptance of our Disclaimer is fully and expressly incorporated into these Terms and Conditions. Please review Disclaimer for more information.
Mandatory Arbitration and Governing Law
You expressly and completely waive your right to bring any legal claims, now or in the future arising out of or related to the website and our services/products/advice/opinions. In the event of any dispute, claim or controversy arising out of or relating to your use of this website, the terms and conditions shall be construed in accordance with the rules and regulations of the state of Kansas and United States. You agree to consent and submit to the jurisdiction of the state and federal courts located in Kansas without regard to the principles of conflict of law or where the parties are located at the time a dispute arises. You agree to resolve any disputes or claims first through mandatory arbitration in the state of Kansas and shall bear the full cost of arbitration as permitted by law. Your good faith participation in arbitration is a condition precedent to pursuing any other legal or equitable remedies available such as litigation or any other legal procedure. You also agree that in the event a legal claim is initiated after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other costs associated with the legal action.
Use Of Our Website
You agree, acknowledge, and accept that we are not trained professionals and do not purport to render professional or expert advice in any arena.
Data contained on or made available through our website is not intended to be, and does not constitute, legal advice. Our website, and your use of it, does not create an attorney-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Data contained on or made available through our website is not intended to be, and does not constitute, medical or health advice. Our website, and your use of it, does not create a physician-patient relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Data contained on or made available through our website is not intended to be, and does not constitute, financial/investing advice. Our website, and your use of it, does not create an advisor-client relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Data contained on or made available through our website is not intended to be, and does not constitute, any type of professional advice. Our website, and your use of it, does not create any type of professional/service rendering relationship. We do not warrant or guarantee the accuracy, adequacy, or recency of the data contained in or linked to our website.
Your use of the website or materials linked to our website is completely at your own risk. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent lawyer licensed to practice in your jurisdiction for your particular legal issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent physician licensed to practice in your jurisdiction for your particular medical issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent financial advisor licensed to practice in your jurisdiction for your particular financial needs and issues. You should not act or depend on any data on our website, where applicable, without seeking the counsel of a competent professional licensed to practice in your jurisdiction for your particular needs and issues.
We may make changes to the features, functionality or content of our website at any time. We reserve the right in our sole discretion to edit or delete any data appearing on our website.
Intellectual Property and Trademarks
The entire contents of our website are protected by intellectual property law. The owner of the copyrights and/or trademarks are our website, and/or other third party licensors or related entities. All content on this website including but not limited to blogs, text, posts, logos, marks, graphics, designs, computer code, files, materials, services, products, videos, audio, applications, social media content, downloads and all other information here (collectively, the “Content”) is owned by us and is protected by copyright, trademark and other intellectual property and unfair competition laws. You are granted a limited revocable license to print or download Content from the website for your own personal, non-commercial, non-transferable, informational and educational use only, while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these Terms and Conditions.
You do not own rights to any article, book, ebook, document, blog post, software, application, add-on, plugin, art, graphics, images, photos, video, webinar, recording or other materials viewed or listened to through or from our website or via email or by way of protected content in a membership site. The posting of data on our website, such as a blog comment, does not change this fact and does not give you any right in the data. You surrender any rights to your content once it becomes part of our website.
Publications, products, content or services referenced herein or on our website are the exclusive trademarks or service marks of our Blogger Blogger website or related parties. Other product and company names mentioned in our website may be the trademarks of their respective owners.
User Content And Lawful Use Of The Website
For any Content or information that you upload, display, post, transmit, send, email or submit to us on the website or on any of our social media sites, you warrant that you are the owner of that Content or have express permission from the owner of those intellectual property rights to use and distribute that Content to us. You grant us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us a royalty-free, irrevocable, perpetual, worldwide, non-exclusive right and license with the right to sub-license, to reproduce, distribute, transmit, create derivative works of, publicly display and publicly perform any materials and other information (including, without limitation, ideas contained therein for new or improved products and services) to identify you, publish, post, reformat, copy, distribute, display, edit, reproduce any Content provided by you on any public areas of our website (such as bulletin boards, forums, blog, and newsgroups) or by e-mail to our website by all means and in any media now known or hereafter developed and on any of our social media sites for any purpose. You shall be solely liable for any damages resulting from any infringement of copyrights, trademark or other proprietary rights of any Content or information that you provide to us. You also grant to our website the right to use your name in connection with the submitted materials and other information as well as in connection with all advertising, marketing and promotional material related thereto. You agree that you shall have no recourse against our website for any alleged or actual infringement or misappropriation of any proprietary right in your communications to our website.
You agree not upload, distribute, display, post, transmit, send, email or submit to us on the website or on any of our social media sites any information or Content that is (a) illegal, violates or infringes upon the rights of others, (b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous, pornographic, threatening, (c) encourages or advocates conduct that would constitute a criminal offense, giving rise to civil liability or otherwise violate any law, (d) distribute material including but not limited to spyware, computer virus, any kind of malicious computer software or any other harmful information that is actionable by law, (e) any attempts to gain unauthorized access to any portion or feature of the website, and (f) send unsolicited or unauthorized material or cause disruption in the operation of the website.
You must retain all copyright and other proprietary notices contained in the original content on any copy you make of the content. You may not sell or modify the content or reproduce, display, publicly perform, distribute, or otherwise use the content in any way for any public or commercial purpose. The use of paid content on any other website or in a networked computer environment for any purpose is prohibited. If you violate any of the terms or conditions, your permission to use the content automatically terminates and you must immediately destroy any copies you have made of the content.
You are granted a nonexclusive, nontransferable, revocable license to use our website only for private, personal, noncommercial reasons. You may print and download portions of material from the different areas of the website solely for your own non-commercial use, provided that you agree not to change the content from its original form. Moreover, you agree not to modify or delete any copyright or proprietary notices from the materials you print or download. Also note that any notice on any portion of our website that forbids printing & downloading trumps all prior statements and controls. You agree to use the website for lawful purposes only and shall be liable for damages resulting from violation of any provision contained in these Terms and Conditions.
Links to Our Website
You may provide links to our website, provided you do not remove, change, or obscure the copyright notice or other notices on our website. Your website or other source of links must not engage in illegal or pornographic activities of any sort. Finally, you may link our website provided you understand that you must stop linking to our website immediately upon request by our website.
Third Party Services and Rights
The website may contain links to third party websites or resources for your convenience. We may serve as an affiliate for some of these third party websites by offering or advertising their products or services on the website; however, we do not own or control these third party websites. Once you click on a third party link and leave this website, you are no longer bound by our Terms and Conditions. Our website makes no representations whatsoever about any other website which you may access through this one or which may link to this website. When you access a website from our website, please understand that it is independent from our website, and that our website has no control over the content on that website. These links are provided solely as a convenience to you and not as an endorsement by our website of the contents on such third-party Websites. Our website is not responsible for the content of linked third-party Websites and does not make any representations regarding the content or accuracy of material on such third party Websites. If you decide to access linked third-party Websites, you do so at your own risk. We do not necessarily endorse, recommend, suggest or otherwise make any overture or prompt for action regarding any product or service offered. You should assume we are compensated for any purchases you make.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third party websites. You assume all risks for using these third party websites or resources and any transactions between you and these third party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third party websites, advice, products, goods, resources, or any other content. You should always be responsible for your own financial decisions, be it investing, purchasing, donating, or otherwise.
The provisions of this Terms and Conditions are for the benefit of our website and its owners, officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its/their own behalf.
Termination
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of any area of our website including any or all Content published by you or us at any time for any reason, without notice.
No Refunds
All sales of products and/or services and/or content on this website are final. No refunds will be issued. We truly believe in giving more than receiving and each of our products and services is designed by keeping this core principle in mind. The prices are intentionally kept reasonably low in price as compared to market value to give you the tools and information you need at an affordable price.
No Warranties
All content, information, products, and/or services on the website are "as is" and "as available" basis without any representations or warranties of any kind including the warranties of merchantability or fitness for any purpose, express or implied to the full extent permissible by law. Company makes no representations or warranties as to the content, information, materials, products and/or services provided on this website. Company makes no warranties that the website will perform or operate to meet your requirements or that the information presented here will be complete, current, or error-free. Company disclaims all warranties, implied or express for any purpose to the full extent permitted by law.
Limitation of Liability
The content may contain inaccuracies or typographical errors. You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
Viruses, etc.
Our website cannot and does not guarantee or warrant that files/content/videos/resources available for downloading through our website will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to our website for the reconstruction of any lost data. Our website does not warrant that our website will operate error-free or that the website and its server are free of computer viruses and other harmful goods or conditions. If your use of the website or the content results in the need for servicing or replacing equipment or data, the website is not responsible for those costs.
User Submission(s)
As a user of our website, you are responsible for your own communications and are responsible for the consequences of their posting. You must not do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, profane, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user of our website or any other person or entity; post a sexually-explicit image; post advertisements or solicitations of business; post chain letters or pyramid schemes; or impersonate another person.
Our website does not represent or guarantee the truthfulness, accuracy, or reliability of any communications posted by other users of our website or endorse any opinions expressed by users of our website. You acknowledge that any reliance on material posted by other users of our website will be at your own risk.
Our website does not screen communications in advance. This website is not responsible for screening or monitoring posted content by users of our website. If observed by our website and/or notified by a user of communications which allegedly do not conform to this agreement, our website may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Our website has no liability or responsibility to users of our website for performance or nonperformance of such activities. The website reserves the right to expel users of our website and prevent their further access to our website for violating this agreement or any law or regulation, and also reserves the right to remove communications which are abusive, illegal, or disruptive.
Restricted access
Access to certain areas of our website may be restricted. We reserve the right to restrict access to other areas of our website, or our whole website, at our sole discretion.
If we provide you with a user ID (username) with a password to enable you to access restricted areas of our website or other content, products, or services, you must ensure that that user ID and password is kept confidential. You may not share your user ID or password with anyone for any reason, either directly or indirectly. You accept responsibility for all activities that occur under your user ID or password.
We may disable your user ID and password at our sole discretion or if you breach any of the policies or terms governing your use of this website or any other contractual obligation you owe to us.
Hiring A Medical Or Other Professional / No Professional-Client Relationship or Fiduciary Capacity.
Choosing a doctor, lawyer, investment advisor, or any other professional is a serious matter and should NOT be based solely on data contained on our website or in advertisements.
Medical issues are complex. Never should a website be used as a source of treating or diagnosing or managing medical problems.
The law is constantly changing and the data may not be complete or accurate depending on your particular legal issue. Financial matters are highly individualistic. Therefore, you should look to the guidance of a trained professional, not a website. All life situations have variances therefore you should seek adequate and appropriate professional advice from a trained professional in that particular field/area/topic, not a website.
You may send us email, but in no instance will this communication in any way be construed as initiating any type of professional relationship, and so the contact should not include confidential or sensitive data because your communication will not be treated as privileged or confidential.
Indemnification
You agree to indemnify and hold the Company and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with us harmless/blameless from all losses, claims, damages, demands, actions, suits, proceedings or judgments, including costs, expenses and reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise incurred by you arising, in whole or in part, from: (a) actions or omissions, whether done negligently or otherwise, by you, your agents, directors, officers, employees or representatives; (b) all your actions and use of the website including purchasing products and services; (c) violation of any laws, rules, regulations or ordinances by you; or (d) violation of any terms and conditions of this website by you or anyone related to you; e) infringement by you or any other user of your account of any intellectual property or other rights of anyone. Company will notify you promptly of any such claims or liability and reserves the right to defend such claim, liability or damage at your expense. You shall fully cooperate and provide assistance to us if requested, without any cost, to defend any such claims.
Entire Agreement
These Terms and Conditions (along with our Privacy Policy and Disclaimer) constitutes the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.
A printed version of this entire agreement including the Privacy Policy and Disclaimer, and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
Any other policies, notices, or other legal/administrative pages contained in our website are necessarily incorporated into these Terms and Conditions. This may include without limitation, DMCA Policy, Privacy Policy, Disclaimer, Copyright Notice, Anti-Spam Policy, and FTC Compliance Policy.
Severability
If any provision in these Terms and Conditions (along with our Privacy Policy and Disclaimer) is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
Failure to enforce any provision of these Terms and Conditions shall not be deemed a waiver of the provision nor of the right to enforce the provision, our rights under these Terms and Conditions shall survive any termination of this agreement.
Any rights not expressly granted herein are reserved to Jessica Bell Alvarez.
Contact
For any questions, please contact us at contact@jessicabellalvarez.com