Terms & Conditions
Any and all information provided by JB WELLNESS LLC(“we,” “us,” “our,” “my,” “me,” or “I”) on JBWELLNESS.CLIENTSECURE.ME (“Site” or “Website”) is for general informational and educational purposes only.
This Disclaimer, along with the Terms of Use and Privacy Policy, governs and controls your access to and use of JBWELLNESS.CLIENTSECURE.ME, including any and all services, content, and functionality offered on or through our Website at JBWELLNESS.CLIENTSECURE.ME
We provided all the information and content on our Website in good faith. However, we do not make any warranties of any kind, express or implied, regarding the accuracy, adequacy, validity, reliability, availability, or completeness of any information on our Site.
We are not liable to you at any time for any loss or damage you may have experienced or incurred as a result of the use of our Site or reliance on any information provided on our Site. Your access and use of our Site and reliance on any information on the Site is completely at your own risk.
PROFESSIONAL DISCLAIMER
Our Site cannot and does not contain any legal, medical, tax, financial, health, or any other professional advice. All of the information provided on our Site is for general informational and educational purposes ONLY. You should NOT take any information on our Site as a substitute for professional advice. Before taking action based on any such information, we encourage you to consult with the appropriate professionals.
Your access to, use of, and reliance on any information provided on our Site is solely at your own risk.
DISCLAIMER FOR EXTERNAL LINKS
From time to time, our Site may contain links to other external websites and third parties. Moreover, we may have ads and banners on our Website that contain external links in them to third-party websites, products, and companies. We do not check, control, validate, monitor, or investigate such links for accuracy, adequacy, validity, reliability, availability, or completeness. We do not warrant, endorse, guarantee, or assume responsibility for any information or product offered by third-party websites. If you choose to click on links and be taken to an external website belonging to a third party, then you and only you are responsible and liable for your actions should you suffer or incur any harm or loss.
LIMITATION OF LIABILITY
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.
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NO GUARANTEES
You acknowledge and agree that our Company and Website have not made any guarantees about the results of taking any action. Regardless of whether a product or service is recommended, we absolutely do not make any guarantees as to the results. You understand and agree that what works for one person might not work for another person. Moreover, results are dependent on many different factors, and we cannot make any guarantees. Whether you will succeed or fail is ultimately dependent on your own efforts, your particular situation, and numerous other circumstances that are beyond our control.
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 AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
SPONSORED POSTS DISCLAIMER
We may include sponsored blog posts on our website from time to time for products or services we recommend or those that have been valuable in our personal experience or use. We share this information as examples to you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same information, reviews, products, services, tips and techniques offered here. You are encouraged to perform your own due diligence and research and are solely responsible for your earnings and results. Your earning potential and results are contingent upon your personal circumstances, abilities, experience and skills. Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.
Privacy Policy
Last modified: January 1, 2020
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JB WELLNESS LLC ("Company" or "We") respect your privacy and are committed to protecting it through our compliance with this policy.
This policy describes the types of information we may collect from you or that you may provide when you visit the website jbwellness.clientsecure.me (our "Website") and our practices for collecting, using, maintaining, protecting, and disclosing that information.
This policy applies to information we collect:
On this Website.
In email, text, and other electronic messages between you and this Website.
Through mobile and desktop applications you download from this Website, which provide dedicated non-browser-based interaction between you and this Website.
When you interact with our advertising and applications on third-party websites and services, if those applications or advertising include links to this policy.
It does not apply to information collected by:
Us offline or through any other means, including on any other website operated by Company or any third party [(including our affiliates and subsidiaries)]; or
Any third party [(including our affiliates and subsidiaries)], including through any application or content (including advertising) that may link to or be accessible from [or on] the Website.
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Please read this policy carefully to understand our policies and practices regarding your information and how we will treat it. If you do not agree with our policies and practices, your choice is not to use our Website. By accessing or using this Website, you agree to this privacy policy. This policy may change from time to time. Your continued use of this Website after we make changes is deemed to be acceptance of those changes, so please check the policy periodically for updates.
Our Website is not intended for children under 16 years of age. No one under age 16 may provide any [personal] information to [or on] the Website. We do not knowingly collect personal information from children under 16. If you are under 16, do not use or provide any information on this Website [or] [through any of its features,] [register on the Website,] [make any purchases through the Website,] [use any of the interactive or public comment features of this Website,] [or provide any information about yourself to us, including your name, address, telephone number, email address, or any screen name or user name you may use]. If we learn we have collected or received personal information from a child under 16 without verification of parental consent, we will delete that information. If you believe we might have any information from or about a child under 16, please contact us at PO BOX 25722 GARFIELD HEIGHTS OHIO, 44125. [California residents under 16 years of age may have additional rights regarding the collection and sale of their personal information. Please see [Your California Privacy Rights] for more information.]
We collect several types of information from and about users of our Website, including information:
By which you may be personally identified, such as name, postal address, e-mail address, telephone number, or any other identifier by which you may be contacted online or offline] ("personal information");
That is about you but individually does not identify you; and/or
Your internet connection, the equipment you use to access our Website, and usage details.
We collect this information:
Directly from you when you provide it to us.
Automatically as you navigate through the site. Information collected automatically may include usage details, IP addresses, and information collected through cookies, [web beacons,] [and other tracking technologies].
Information that you provide by filling in forms on our Website. This includes information provided at the time of [registering to use our Website,] [subscribing to our service,] [posting material,] [or requesting further services]. We may also ask you for information [when you enter a contest or promotion sponsored by us, and] when you report a problem with our Website.
Records and copies of your correspondence (including email addresses), if you contact us.
[Your responses to surveys that we might ask you to complete for research purposes.]
[Details of transactions you carry out through our Website and of the fulfillment of your orders. You may be required to provide financial information before placing an order through our Website.]
[Your search queries on the Website.]
You also may provide information to be published or displayed (hereinafter, "posted") on public areas of the Website, or transmitted to other users of the Website or third parties (collectively, "User Contributions"). Your User Contributions are posted on and transmitted to others at your own risk. Although [we limit access to certain pages/you may set certain privacy settings for such information by logging into your account profile], please be aware that no security measures are perfect or impenetrable. Additionally, we cannot control the actions of other users of the Website with whom you may choose to share your User Contributions. Therefore, we cannot and do not guarantee that your User Contributions will not be viewed by unauthorized persons.
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Information We Collect Through Automatic Data Collection Technologies
As you navigate through and interact with our Website, we may use automatic data collection technologies to collect certain information about your equipment, browsing actions, and patterns, including:
Details of your visits to our Website, including [traffic data,] [location data,] [logs,] and other communication data and the resources that you access and use on the Website.
Information about your computer and internet connection, including your IP address, operating system, and browser type.
The information we collect automatically [does/may/is only statistical data and does not] include personal information[, [but/or] we may maintain it or associate it with personal information we collect in other ways or receive from third parties]. It helps us to improve our Website and to deliver a better and more personalized service, including by enabling us to:
Estimate our audience size and usage patterns.
Store information about your preferences, allowing us to customize our Website according to your individual interests.
Speed up your searches.
Recognize you when you return to our Website.
The technologies we use for this automatic data collection may include:
Cookies (or browser cookies). A cookie is a small file placed on the hard drive of your computer. You may refuse to accept browser cookies by activating the appropriate setting on your browser. However, if you select this setting you may be unable to access certain parts of our Website. Unless you have adjusted your browser setting so that it will refuse cookies, our system will issue cookies when you direct your browser to our Website.
Flash Cookies. Certain features of our Website may use local stored objects (or Flash cookies) to collect and store information about your preferences and navigation to, from, and on our Website. Flash cookies are not managed by the same browser settings as are used for browser cookies. For information about managing your privacy and security settings for Flash cookies, see Choices About How We Use and Disclose Your Information.
Web Beacons. Pages of our the Website [and our e-mails] may contain small electronic files known as web beacons (also referred to as clear gifs, pixel tags, and single-pixel gifs) that permit the Company, for example, to count users who have visited those pages or [opened an email] and for other related website statistics (for example, recording the popularity of certain website content and verifying system and server integrity).
[We do not collect personal information automatically, but we may tie this information to personal information about you that we collect from other sources or you provide to us.]
[Third-Party Use of Cookies [and Other Tracking Technologies]
[Some content or applications, including advertisements, on the Website are served by third-parties, including advertisers, ad networks and servers, content providers, and application providers. These third parties may use cookies [alone or in conjunction with web beacons or other tracking technologies] to collect information about you when you use our website. The information they collect may be associated with your personal information or they may collect information, including personal information, about your online activities over time and across different websites and other online services. They may use this information to provide you with interest-based (behavioral) advertising or other targeted content.
We do not control these third parties' tracking technologies or how they may be used. If you have any questions about an advertisement or other targeted content, you should contact the responsible provider directly. For information about how you can opt out of receiving targeted advertising from many providers, see Choices About How We Use and Disclose Your Information.]
How We Use Your Information
We use information that we collect about you or that you provide to us, including any personal information:
To present our Website and its contents to you.
To provide you with information, products, or services that you request from us.
To fulfill any other purpose for which you provide it.
[To provide you with notices about your [account/subscription], including expiration and renewal notices.]
To carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection.
To notify you about changes to our Website or any products or services we offer or provide though it.
[To allow you to participate in interactive features on our Website.]
In any other way we may describe when you provide the information.
For any other purpose with your consent.
[We may also use your information to contact you about [our own and third-parties'] goods and services that may be of interest to you. If you do not want us to use your information in this way, please [check the relevant box located on the form on which we collect your data (the [order form/registration form])/adjust your user preferences in your account profile.]
We may use the information we have collected from you to enable us to display advertisements to our advertisers' target audiences. Even though we do not disclose your personal information for these purposes without your consent, if you click on or otherwise interact with an advertisement, the advertiser may assume that you meet its target criteria.]
Disclosure of Your Information
We may disclose aggregated information about our users without restriction.
We may disclose personal information that we collect or you provide as described in this privacy policy:
To our subsidiaries and affiliates.
To contractors, service providers, and other third parties we use to support our business[ and who are bound by contractual obligations to keep personal information confidential and use it only for the purposes for which we disclose it to them].
To a buyer or other successor in the event of a merger, divestiture, restructuring, reorganization, dissolution, or other sale or transfer of some or all of JB WELLNESS LLC's assets, whether as a going concern or as part of bankruptcy, liquidation, or similar proceeding, in which personal information held by JB WELLNESS LLC about our Website users is among the assets transferred.
To fulfill the purpose for which you provide it.
For any other purpose disclosed by us when you provide the information.
With your consent.
We may also disclose your personal information:
To comply with any court order, law, or legal process, including to respond to any government or regulatory request.
To enforce or apply our terms of use and other agreements, including for billing and collection purposes.
If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of JB WELLNESS LLC, our customers, or others.
Your California Privacy Rights
If you reside in California, you are entitled to additional rights under California law and we ensure compliance with the CCPA. Here are your rights:
1. You have the right to know whether your personal information is sold or disclosed to third parties.
2. You have the right to say no to the sale of your personal information.
3. You also have the right to access your personal information, which we will provide within 30 days of such request.
4. You have the right to know what personal information is collected from you and how it is used as explained in the sections above
5. You have the right to have your personal information deleted
6. You have the right to equal service, price and no discrimination
7. You have the right to data portability and right to request your personal information and use it for your own purposes.
We may disclose your personal information to our affiliates or other related third parties such as service providers, vendors for their use in marketing to you, so we can provide the products and/or services offered on this website to you. When we disclose such information, your personal information is still kept confidential and between us and that third party. It is not used for any other purpose that’s not permitted under the laws.
Please be advised we DO NOT SELL YOUR PERSONAL INFORMATION to third parties and have never sold your personal information. We do not intend to sell your personal information in the future either.
Only you as the person registered with the California Secretary of State can make such verifiable consumer requested related to your personal information or someone you authorize to act on your behalf.
Your verifiable consumer request must provide sufficient information that allows us to verify that you are the person you are claiming to be or that you are the authorized representative of such person about whom we had collected personal information. You must describe your request with enough details such as your first and last name, your address and country that allow us to properly understand the request and respond to it. Please note we cannot respond to your request or provide you with personal information unless we first verify your identity or authority to make such a request and confirm that the personal information relates to you. We will make all attempts to respond to your request within 30 days of receipt.
This privacy notice for California residents supplements the information included in the previous sections of this privacy policy. California and Delaware law also requires us to state whether we honor “Do Not Track” settings in your browser regarding targeted advertising and we do not monitor or respond to Do Not Track browser requests.
[If you are a California resident, California law may provide you with additional rights regarding our use of your personal information. To learn more about your California privacy rights, visit [CCPA PRIVACY NOTICE FOR CALIFORNIA RESIDENTS].
[California's "Shine the Light" law (Civil Code Section § 1798.83) permits users of our App that are California residents to request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to JANAYBANKSTONLISW@GMAIL.COM[ or write us at: PO BOX 25772 GARFIELD HEIGHTS OHIO 44125
GDPR VISITOR RIGHTS
Under the GDPR, if you are within the European Union, you are entitled to certain rights and information listed below.
We will retain any information you choose to provide to us until the earlier of:
You ask us to delete the information by sending a request to PO BOX 25722 GARFIELD HEIGHTS OHIO 44125. Please note that such requests may result in you no longer being able to access paid or free content previously provided to you.
Our decision to cease using our existing data providers
The Company decides to no longer be in business or continue to offer the services
The data is no longer needed to provide you service, is too costly to maintain further retention, or the Company finds it outdated
You have the right to request access to your data that we store and have the ability to access your personal data.
You have the right to either rectify or erase your personal data. You have the right to verify the accuracy of your personal data and have it corrected or removed completely.
You have the right to seek restrictions on the processing of your data. When you restrict the processing of your data, we can store your data but cannot process it further.
You have the right to object to the processing of your data in certain circumstances including but not limited to direct marketing, profiling, scientific or historical research purposes, statistical purposes, automated decision making and profiling and tasks based on legitimate interests or in the public interest/exercise of official authority.
You have the right to the portability of your data. You have the right to request your personal data from us, receive it and transfer it to another controller.
You have the right to withdraw consent at any time. If you have provided consent to the Company’s processing of your personal data, you have the right to withdraw that consent any time without affecting the lawfulness of processing based upon consent that occurred prior to your withdrawal of consent.
You have the right to lodge a complaint with a supervisory authority that has jurisdiction over issues related to the General Data Protection Regulation.
We require only the information that is reasonably necessary to enter into a contract with you. We will not require you to provide consent for any unnecessary processing as a condition of entering into a contract with us.
Data Security
[We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure. [All information you provide to us is stored on our secure servers behind firewalls. Any payment transactions will be encrypted [using SSL technology].]
The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our Website, you are responsible for keeping this password confidential. We ask you not to share your password with anyone. [We urge you to be careful about giving out information in public areas of the Website like message boards. The information you share in public areas may be viewed by any user of the Website.]
Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.]
Changes to Our Privacy Policy
It is our policy to post any changes we make to our privacy policy on this page [with a notice that the privacy policy has been updated on the Website home page]. If we make material changes to how we treat our users' personal information, we will notify you [by email to the [primary] email address specified in your account] [and/or] [through a notice on the Website home page]. The date the privacy policy was last revised is identified at the top of the page. You are responsible for ensuring we have an up-to-date active and deliverable email address for you, and for periodically visiting our Website and this privacy policy to check for any changes.
To ask questions or comment about this privacy policy and our privacy practices, contact us at:
PO BOX 25772 GARFIELD HEIGHTS OHIO 44125.
Affiliates Disclaimer
Our Website may contain links to affiliate websites. When and if you click on an affiliate link and make a purchase through that link, we will receive commission for any purchases made by you on the affiliate website using such links. Purchases you make through our affiliate links are at no additional cost to you. This means you will pay the same price for the purchase as everyone else.
Testimonial Disclaimer
Our Site may contain testimonials by actual users of our products and/or services. These testimonials reflect the actual user’s true and own opinions and experiences. We do not pay or manipulate these testimonials. They appear on our Website verbatim as given to us by the users, except for the correction of grammar or typing errors. However, you agree and understand that the experiences are personal to those particular users, and these experiences may not be representative of everyone’s experience with that product and/or service. Your individual results may vary.
Other
We may disclose our income reports and success results of our current or former customers including product reviews and testimonials on the website from time to time. These income reports, product reviews and testimonials are accurate and strictly for informational purposes only. We share this information as examples to you but it does not serve as a guarantee or promise of any kind for your results and successes if you decide to use the same information, reviews, products, services, tips and techniques offered here. You are encouraged to perform your own due diligence and research and are solely responsible for your earnings and results. Your earning potential and results are contingent upon your personal circumstances, abilities, experience and skills. Therefore, you agree not to hold us and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us liable for any of your successes or failures directly or indirectly related to the information, reports, reviews, products and/or services presented to you here.
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CONTACT US
We welcome you to contact us if you have any questions, concerns, or comments regarding the terms in this agreement.
JB WELLNESS LLC
JBWELLNESS.CLIENTSECURE.ME
PO BOX 25772
GARFIELD HEIGHTS, OHIO
44125
JANAYBANKSTONLISW@GMAIL.COM
Phone: 216.302.8983
Effective as of January 1, 2024
Terms & Conditions`
Last Modified: January 1, 2020
Acceptance of the Terms of Use
These terms of use are entered into by and between You and JB WELLNESS LLC ("Company," "we," or "us"). The following terms and conditions[, together with any documents they expressly incorporate by reference] ([collectively, ] "Terms of Use")[,] govern your access to and use of JBWELLNESS.CLIENTSECURE.ME, including any content, functionality, and services offered on or through JBWELLNESS.CLIENTSECURE.ME (the "Website")[, whether as a guest or a registered user].
Please read the Terms of Use carefully before you start to use the Website. By using the Website [or by clicking to accept or agree to the Terms of Use when this option is made available to you], you accept and agree to be bound and abide by these Terms of Use[ and our Privacy Policy, found at [PRIVACY POLICY URL], incorporated herein by reference]. If you do not want to agree to these Terms of Use[or the Privacy Policy], you must not access or use the Website.
[This Website is offered and available to users who [are [18] years of age or older][,/ and] [reside in the United States or any of its territories or possessions]. By using this Website, you represent and warrant that you [are of legal age to form a binding contract with the Company and] meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.]
Changes to the Terms of Use
We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website thereafter. [However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice [on or] before the date the change is posted on the Website.]
Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page [from time to time/frequently/each time you access this Website] so you are aware of any changes, as they are binding on you.
Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms of Use and comply with them.
To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of any interactive features on the Website, is governed by our Privacy Policy , and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time [in our sole discretion for any or no reason, including] if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms of Use permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
• Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
• You may store files that are automatically cached by your Web browser for display enhancement purposes.
• You may print [or download] one copy of a reasonable number of pages of the Website for your own personal, non-commercial use and not for further reproduction, publication, or distribution.
• If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user license agreement for such applications.
• If we provide social media features with certain content, you may take such actions as are enabled by such features.
You must not:
• Modify copies of any materials from this site.
• [Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.]
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this
site.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
[If you wish to make any use of material on the Website other than that set out in this section, please address your request to: JANAYBANKSTONLISW@GMAIL.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms of Use, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website not expressly permitted by these Terms of Use is a breach of these Terms of Use and may violate copyright, trademark, and other laws.
Trademarks
The Company name, the terms JB WELLNESS, [the Company logo,] and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms of Use. You agree not to use the Website:
• In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
• For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
• To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms of Use.
• To transmit, or procure the sending of, any advertising or promotional material [without our prior written consent], including any "junk mail," "chain letter," "spam," or any other similar solicitation.
• To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses [or screen names] associated with any of the foregoing).
• To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm the Company or users of the Website, or expose them to liability.
Additionally, you agree not to:
• Use the Website in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
• Use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
• Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms of Use, without our prior written consent.
• Use any device, software, or routine that interferes with the proper working of the Website.
• Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
• Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
• Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
• Otherwise attempt to interfere with the proper working of the Website.
User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms of Use.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material [for any purpose/according to your account settings].
You represent and warrant that:
• You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and [our affiliates and service providers, and each of their and] our [respective] licensees, successors, and assigns.
• All of your User Contributions do and will comply with these Terms of Use.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
Monitoring and Enforcement; Termination
We have the right to:
• Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
• Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms of Use, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for the Company.
• Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
• Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
• Terminate or suspend your access to all or part of the Website for [any or no reason, including without limitation,] any violation of these Terms of Use.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY [AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS] FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY [THE COMPANY/ANY OF THE FOREGOING PARTIES] DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER [THE COMPANY/SUCH PARTIES] OR LAW ENFORCEMENT AUTHORITIES.
However, we [cannot/do not undertake to] review [all] material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:
• Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
• Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
• Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
• Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Use and our Privacy Policy.
• Be likely to deceive any person.
• Promote any illegal activity, or advocate, promote, or assist any unlawful act.
• Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
• Impersonate any person or misrepresent your identity or affiliation with any person or organization.
• Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
• Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
Copyright Infringement
If you believe that any User Contributions violate your copyright, please see our Copyright Policy [LINK TO COPYRIGHT POLICY] for instructions on sending us a notice of copyright infringement. It is the policy of the Company to terminate the user accounts of repeat infringers.
Reliance on Information Posted
The information presented on or through the Website is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.
This Website [may include/includes] content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website
We may update the content on this Website from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website
All information we collect on this Website is subject to our Privacy Policy [LINK TO PRIVACY POLICY]. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.
Online Purchases and Other Terms and Conditions
All purchases through our site or other transactions for the sale of [goods][,/ or][services][,] [or][information] formed through the Website, or resulting from visits made by you, are governed by our Terms of Sale [LINK TO TERMS OF SALE], which are hereby incorporated into these Terms of Use.
[Additional terms and conditions may also apply to specific portions, services, or features of the Website. All such additional terms and conditions are hereby incorporated by this reference into these Terms of Use.]]
Linking to the Website and Social Media Features
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part[ without our express [written] consent]. This Website may provide certain social media features that enable you to:
• Link from your own or certain third-party websites to certain content on this Website.
• Send emails or other communications with certain content, or links to certain content, on this Website.
• Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.
You may use these features solely as they are provided by us [,/ and] solely with respect to the content they are displayed with[,] [and otherwise in accordance with any additional terms and conditions we provide with respect to such features]. Subject to the foregoing, you must not:
Establish a link from any website that is not owned by you.
Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
Link to any part of the Website other than the homepage.
Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Use.
[The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms of Use.]
You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.
We may disable all or any social media features and any links at any time without notice in our discretion.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
The owner of the Website is based in the State of OHIO in the United States. We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms of Use or your use of the Website, including, but not limited to, your User Contributions, any use of the Website's content, services, and products other than as expressly authorized in these Terms of Use, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms of Use, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of PO BOX 25772 GARFIELD HEIGHTS OHIO 44125 without giving effect to any choice or conflict of law provision or rule (whether of the State of PO BOX 25772 GARFIELD HEIGHTS OHIO 44125 or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms of Use or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of OHIO[, in each case located in the City of GARFIELD HEIGHTS and County of CUYAHOGA,] [although we retain the right to bring any suit, action, or proceeding against you for breach of these Terms of Use in your country of residence or any other relevant country]. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company's sole discretion, it may require You to submit any disputes arising from these Terms of Use or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying OHIO law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.
If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.
Entire Agreement
The Terms of Use[, /and] our Privacy Policy[,]] [and] [Terms of Sale[,]] constitute the sole and entire agreement between you and JB WELLNESS LLC regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
Your Comments and Concerns
This website is operated by JB WELLNESS LLC located at PO BOX 25772 GARFIELD HEIGHTS OHIO 44125. All notices of copyright infringement claims should be sent to the copyright agent designated in our Copyright Policy in the manner and by the means set out therein. All other feedback, comments, requests for technical support, and other communications relating to the Website should be directed to: JANAYBANKSTONLISW@GMAIL.COM.