Terms + Conditions
YOU MUST AGREE TO THE TERMS AND CONDITIONS (hereinafter “Terms”) SET FORTH BELOW BEFORE USING THIS WEBSITE.
Please read these Terms carefully. Your use of this website signifies your agreement to abide by these terms. If you do not agree to these Terms you are not allowed to use the website.
Your access to and use of www.jendayton.com, (hereinafter “Website,” “Site”), owned by Jennifer N. Dayton, (hereinafter “Provider”), is subject to the following Terms and all applicable laws. By accessing and browsing the Site, you accept, without limitation or qualification, these Terms and acknowledge that any other agreements between you and the Site are superseded and of no force or effect:
You must be 18 years of age or older to use this website and / or purchase any products or services.
You agree that the Site itself, as well as all copy, images, videos, training materials, products, services and/or other materials, made available on the Site by the Provider or other third parties, (hereinafter, collectively “Content”) are maintained for your personal use and information by the Provider, and are legally owned by the Provider and/or its third party providers. You agree that such Content shall include all proprietary videos, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in the Site. Subject to your compliance with these Terms, the Provider hereby grants you permission to access, view, and use the Site solely for your personal purposes. No Provider Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by the Provider. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of the Provider, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of the Site or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of the Provider.
All trade names, trademarks, and images and biographical information of people used in the Content and contained in the Site, are either the property of, or used with permission by, the Provider. The use of Content by you is strictly prohibited without express permission from the Provider. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of the Provider and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any Content in any way, you may notify Provider at hi@jendayton.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
While the Provider uses reasonable efforts to include accurate and up-to-date information in the Site, the Provider makes no warranties or representations as to its accuracy. The Provider assumes no liability or responsibility for any errors or omissions in the content of the Site.
When you register with the Provider and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Provider.
If you send comments or suggestions about the Site to the Provider, including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become, and shall remain, the sole property of the Provider. No submission shall be subject to any obligation of confidence on the part of the Provider. The Provider shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
The Provider shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk.
NEITHER THE PROVIDER NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. THE PROVIDER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. THE PROVIDER LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE PROVIDER’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE PROVIDER CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE PROVIDER DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. THE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
THE PROVIDER SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including web service provider service, Stripe payment services, software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. THE PROVIDER RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE PROVIDER IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE PROVIDER ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF THE SITE AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD THE PROVIDER DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF THE PROVIDER. THE PROVIDER RESERVES THE RIGHT TO REFUSE ACCESS TO THE SITE AND/OR THE PROVIDER’S CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. THE PROVIDER RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER THE PROVIDER IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. THE PROVIDER MAY, IN THEIR SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF THE SITE AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH THE PROVIDER’S REFUND POLICY. THE PROVIDER SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF THE SITE AND/OR ANY CONTENT, EITHER PURSUANT TO THE PROVIDER’S CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.
IN NO EVENT SHALL THE PROVIDER BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE PROVIDER HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to indemnify and hold harmless the Provider and each of its directors, officers employees, and agents, from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to:
your breach of this Agreement,
any violation by you of law or the rights of any third party,
any materials, information, works and/or other content of whatever nature or media that you post or share on or through the Site,
your use of the Site or any services that the Provider may provide via the Site, and your conduct in connection with the Site or the services or with other users of the Site or the services.
The Provider reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Provider with such cooperation as is reasonably requested by the Provider.
The provisions of these Terms are to protect the Provider, its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on their own behalf.
This agreement shall be governed by and construed in accordance with the laws of the State of Texas without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in the county of Travis County, Texas. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.
These Terms may be revised from time to time by the Provider. You are bound by any such revisions and it is therefore recommended that you periodically visit this page to review any updated Terms to which you will be bound.
Payment Policy
Payment is due at the time of booking and/or purchase. You agree to the fees and payment terms selected at booking and/or checkout.
By entering your credit or debit card information at booking / checkout, you give the Provider permission to automatically charge your credit or debit card for all fees and charges due to the Provider, without any additional authorization, for which an electronic receipt is available upon request. You also agree that the Provider is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., Stripe).
If payment is declined, returned, late, or otherwise not received at the time it is due; the Provider reserves the right to cancel your appointment and/or terminate your access to the product, and you will remain fully responsible for the full amount owed.
You agree to reimburse the Provider for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Refund Policy
THE INFORMATION, CONTENT, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH www.jendayton.com ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED.
Due to the nature of digital products + services, we have a NO REFUND policy for all purchases made on www.jendayton.com. Unless otherwise provided by law, you acknowledge that we will not offer refunds for any portion of your payment and no refunds will be provided to you at any time. By purchasing our products and services, you understand and agree that all sales are final, and no refunds will be provided.
If a refund should be required by law, all licenses regarding the purchased content will immediately be terminated. You shall immediately cease using the content and shall destroy all copies of the information provided to you, including without limitation: video recordings, audio recordings, worksheets, and other resources.
In light of this No Refund policy, we do not tolerate or accept any type of chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database will first be required to make the payment for the amount of the chargeback.
Client Referral Program
Coaching clients of Jen Dayton may be offered the opportunity to participate in their Client Referral Program. By participating in the program, you agree to the terms and conditions as stated on this page. The Client Referral Program is provided on an “as is” and “as available” basis. You can review the most current version of the Client Referral Program terms and conditions at any time on this page. We reserve the right to update, change, replace, or discontinue this program at any time by posting updates or changes to this website.
In order to be eligible for the Client Referral Program, you must have received at least one 1:1 Coaching Session from Jen Dayton, and your account must have zero outstanding balance.
For each referral, you will be rewarded with a $20 credit, valid towards your next 1:1 Coaching Session with Jen Dayton. The reward can not be redeemed or exchanged for cash, nor can it be used toward other products/services outside of a 1:1 Coaching Session.
A ‘referral’ is defined as follows:
The person referred has never received coaching from Jen Dayton
The person referred purchases a 1:1 Coaching Session from Jen Dayton
The person referred supplies the name of their referrer (You) to Jen Dayton at or before the time of their first paid session with Jen Dayton
You understand and agree that all services purchased are subject to all Terms + Conditions stated on this page, and participating in the Client Referral Program should not be misconstrued as a modification of the Terms + Conditions.
Last Updated: Jan 30, 2024