JMF Terms of Conditions and Use
Last Updated: March 28, 2024
These Terms & Conditions of Use (the “Terms”) are a legal agreement between a user (referred to as “you,” “your”) of www.jenmcfadyen.com (the “Site”) and JMF, LLC (“JMF,” “we,” “our,” or “us”), the site's owner and developer.
Your participation in using the Site is conditional on your acceptance of these Terms and our Privacy Policy. You are deemed to have accepted these Terms by using the Site or by purchasing any of our Offers, and you continue to agree to abide by these Terms, any disclaimers, and our Privacy Policy.
View our Privacy Policy here.
The Site is protected by law including but not limited to United States copyright law and/or other international law. Any unauthorized Use (as defined below) of any content, features, or functionality contained or made available on this Site is a breach of your contractual obligations hereunder, including other relevant agreements you have with us, and may also be a violation of copyright or trademark laws, privacy, publicity, communications regulations and statutes. Logging into the Site, using the Offers, viewing the Site pages, interacting with the various available Site functions, inputting information, uploading content, copying, linking, or any other similar activities collectively constitute “Use” (including the various grammatical variations thereof).
We may periodically audit your Use of the Site. In the event we conclude that your Use is in violation of these Terms, we may block your access at any time, and without notice. This remedy is in addition to any other remedy available at law, the exercise of which shall be taken at our sole discretion. We reserve the right to deny your registration to use the Site for any or no reason, and we are not obligated to inform you of our decision.
WE RESERVE THE RIGHT TO CHANGE OR AMEND THESE TERMS AT ANY TIME. We are not obligated to provide you with advance notice. The latest version of these terms will be posted on www.jenmcfadyen.com
General Terms
Age of Use: You must be at least 16 years old, or the necessary age in the country of your residence, to use this Site.
Hyperlinks: Any third party links provided in the Site are provided solely for your convenience. We do not review, endorse nor make any representations about such sites, and your use of these sites is at your own risk. You agree that we will not be responsible or liable under any circumstances or theories, directly or indirectly, for any damage or loss caused or alleged to be caused, by or in connection with your use or reliance on these third party sites.
Limited Access: You agree you will not use, directly or indirectly, any bot, spider, or other automatic method or means, nor any manual processes, to copy any part of this Site. You agree that you will not use any device, software, or routine to interfere or attempt to interfere with the proper working of the Site. You will not take any action, directly or indirectly, that we, in our sole discretion, conclude imposes an unreasonable or disproportionately large load on any components of our computer infrastructure or that of our service providers.
Additional Use Restrictions: You may not post, intercept, transmit, email, retransmit or store material on, from and/or through the Site, which, in our sole judgment: (i) violates any local, state, federal or foreign law or regulation, (ii) is threatening, harassing, obscene, indecent, defamatory or that otherwise could adversely affect any individual, group or entity, or (iii) violates the rights of any person, including rights protected by copyright, trademark, trade secret, patent or other intellectual property or similar laws or regulations. You will be solely responsible for determining and complying with any and all laws and regulations that are applicable to your Use.
By way of illustration, neither of which shall be deemed exhaustive, the following activities are prohibited:
Upload, post, email or otherwise transmit any data that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful or racially, ethnically or otherwise objectionable;
Upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, spam, chain letters, pyramid schemes or any other form of solicitation; and
Upload, post, email or otherwise transmit any data that contains malware.
Accurate Information And & Account Security
All the information that you provide in order to Use the Site is true, accurate, current, and complete. You will change any password immediately if you believe it may have been compromised or used without authorization. You also agree to immediately inform us of any breaches of security that you become aware of, such as loss, theft, or unauthorized disclosure or use of your username or password by contacting hello@jenmcfadyen.com. Until we are so notified you will remain liable for any unauthorized access or use of your account.
Limited License of Use and Purchase Policy
Ownership
Any and all materials, paid or free, that you access on this Site are under the sole ownership of and licensed use of JMF, LLC.
We own our page layout and design, overall look and appearance, individual text, pictures, graphics, icons, videos, logos, taglines, and trademarks, service marks, and tradenames (common law or federally registered), and other intellectual property rights that may exist on this Site, as well as our Offers available for free or purchase (collectively, “Intellectual Property” or “IP”), unless otherwise stated. You cannot use, copy, modify, adapt, reproduce, store, distribute, print, display, perform, or publish any of our Intellectual Property except as expressly provided by these Terms or with prior written consent from JMF. You are not allowed to reproduce any part of our Site, products, Offers, or related communications, or deep link into any page of this Site without prior express, written permission.
All content in this Site, including without limitation, text, pictures, graphics, data, and the selection and arrangement thereof, are copyrighted materials of JMF, LLC © 2024 ALL RIGHTS RESERVED, or of the original author of the material.
It is a violation of federal law to use any of our Intellectual Property, in whole or in part, other than as provided in these Terms, and any use or modification of any materials contained on this Site, is illegal and may be prosecuted to the fullest extent permissible by law, should we choose to do so, including but not limited to asking for financial penalties (damages) and/or injunctions forcing you to stop use of our Intellectual Property.
Limited License
By purchasing or opting to receive any template, written guide, worksheet, calculator, video guide, mini-course, course, group coaching program, one-on-one mentorship program, mastermind, or any other digital product (our “Offers”) available on our Site, you are granted one, limited, non-transferrable, non-exclusive, worldwide, and revocable license to the Offer you purchase or received (“License”).
This License is for limited commercial-use, meaning you may access your purchase, or free opt-in Offer for your personal use or use WITHIN your business. You may not re-offer any Offers for free or purchase (see Prohibited Use below). For clarity, you may use offers to create assets that you may use within your business for commercial purposes (such creating residential lease agreements). You may download, print, or copy (“Copies”) any Offers, provided that such Copies are used within this limited-commercial purpose.
Prohibited Use
You MAY NOT use any Offer, whether purchased or otherwise, for any other commercial purposes. For clarity, you may not resell, trade, share, re-print or re-publish any Offer, in whole or in part, with anyone, including other individuals in your industry, friends, family, or clients (for their use). You may not distribute, or change and reproduce any material contained in any Offer or related materials and/or communications, in whole or in part, as Your own. You may not claim ownership or use over any of our Intellectual Property without prior written consent, including but not limited to copyrights (such as guides, worksheets, workbooks, lessons, course materials, videos, content, and more), trademarks (such as names, logos, taglines, or other source identifiers), trade dress (including the look and feel of our Site), and any of our Offers or any related communications and materials.
If you violate this license by giving or selling a copy of our Offer(s) to anyone other that where appropriate under the limited License, or if you imply that anyone who gets access to our Offer(s) has the right to use it for their other commercial purposes, we reserve the right to send you a bill for the license you gifted or sent to other, as well as revoke your access to our Offers permanently.
Promotion of Intellectual Property
IP within our Offers: You MAY NOT use our Intellectual Property contained within our Offers in any way, which includes republishing any of our Offers and related communications, on another website or any third party website, including social media platforms.
IP within our Site: You MAY promote our Site content with clear and obvious credit back to our Site, with links back to the page where the materials, designs, images, text, quote, or post is located, only when it is appropriate to do so (such as sharing a blog post), or with explicit permission of JMF. However, you may never claim any of our Intellectual Property on our Site as your own, even with attribution, or use any Intellectual Property within our Site or Offers that are attributed to a third party.
Media Release
You represent and warrant that you own the copyright to any image(s) or written comments or reviews (“Content”) you use by default or voluntary on our platforms, including this Site and social media platforms, free and clear of any third party claims. You grant us a commercial license to use any Content you submit to us by default or on a voluntary basis. Such default or voluntary release of your image and likeness may be used for any reasonable future business use, and we are not obligated to notify you of our publication or use of any Content you submit by default or voluntary.
General Refunds
Due to the nature of digital products, refunds will not be issued once an order has been placed. We recommend you contact us if you have any questions before you purchase. If you are unable to download any Offer you’ve purchased or opted to receive, please contact hello@jenmcfadyen.com within 7 days for assistance.
User Generated Content
You are solely liable for any content you upload to the Site. You represent and warrant that you: (a) are the exclusive owner of the content and that you have all rights, approvals and/or consents necessary to upload it to the Site; and (b) your content does not infringe on the rights of any third parties. We reserve the right to remove any content we conclude violates these Terms. By uploading to the Site, you grant JMF an irrevocable, perpetual, world-wide, royalty-free, non-exclusive license to use, edit, modify, reproduce, and publicly display the content in any medium.]
Guarantees, Liabilities, and Disclaimers
Warranties
We make no representations or warranties with respect to this Site, its content, any Offer, or other product or service available on or promoted through this site. We do not give any warranty or other assurances as to the accuracy, completeness, timeliness or fitness for any particular purpose of the material appearing on the Site, or on any third-party website which may be accessed by a link from this Site.
THIS SITE, ALL OF ITS CONTENTS, RELATED INFORMATION OR SERVICES, AND OFFERS ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES, REPRESENTATIONS, OR GUARANTEES OF ANY KIND, EXPRESSED, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BY NOT LIMITED TO WARRANTIES OF (I) NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE; (II) SECURITY OF THE SITE; (III) THE CONTENT BEING ACCURATE, COMPLETE, OR CURRENT; AND (IV) SITE FUNCTIONALITY OR AVAILABILITY. WE WILL NOT BE LIABLE FOR ANY LOSSES, INJURIES, OR DAMAGES FROM THE DISPLAY OR USE OF THIS INFORMATION.
We do not represent or warrant that this site, its servers, or any transmissions sent from us or through this site will be free of malware.
Limitation Of Liability
By using the Site, Offers, or any additional services or products provided by JMF, you agree that in no event will JMF, its officers, employees, agents, affiliates, licensees, and web hosting services be liable for any direct or indirect, incidental, special or consequential damages as a result of your access to the Site and use of any Offers.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS JMF EXCLUDES AND DISCLAIMS LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, GENERAL, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES; LOSS OF USE; LOSS OF DATA; LOSS CAUSED BY MALWARE; LOSS OF INCOME OR PROFIT; LOSS OF OR DAMAGE TO PROPERTY; CLAIMS OF THIRD PARTIES; OR OTHER LOSSES OF ANY KIND OR CHARACTER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE. YOU ASSUME TOTAL RESPONSIBILITY FOR ESTABLISHING SUCH PROCEDURES FOR DATA BACKUP AND MALWARE CHECKING AS YOU CONSIDER NECESSARY. THIS LIMITATION OF LIABILITY APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER BASIS.
IF ANY PART OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN THE AGGREGATE LIABILITY OF THE RELEASED PARTIES FOR LIABILITIES THAT OTHERWISE WOULD HAVE BEEN LIMITED SHALL NOT EXCEED, IN THE AGGREGATE, ONE HUNDRED DOLLARS ($100.00).
Your statutory rights as a consumer, if any, are not affected by these provisions, and we do not seek to exclude or limit liability for fraudulent misrepresentation.
Disclaimers
General Disclaimer: Our Site is intended to be used for informational and educational purposes only. The information contained on this Site, our Offers, and any other resources available for download or purchase through this Site is not intended as, and shall not be considered as, legal, financial, tax, medical, health, or any other professional advice. Your use of the content on this Site or content from Our Offers, emails, or related communications, is at your own risk. JMF does not guarantee any results from using this content. It is your responsibility to do your own research, consult, and obtain a professional for your medical, legal, financial, health or other help that you may need for your situation.
Earnings Disclaimer: We make no income or financial claims, nor guarantees of any kind regarding financial gains or potential income that can be generated through any communications with JMF, interaction with the Site, or any purchase or opt-ins of our Offers. There is no guarantee you will earn money by any use of this Site, our Offers, or related materials. We cannot guarantee your success upon access or purchase of our Offers or related materials.
Third Party Disclaimer: While we may reference results, outcomes, or situations from other users on this Site, or promoted through our related social media channels, we make no guarantee as to the likelihood of success, or to the accuracy of any third party statements as it relates to you, your situation, and any results your receive. You understand and acknowledge that we make no guarantee as to the accuracy of third-party statements contained herein, or the likelihood of success for you as a result of these statements or any other statements made on the Site.
Testimonials Disclaimer: Any testimonials published on our Site are voluntarily provided. The testimonials are representative of each user’s unique experiences, and the exact outcomes and results will be unique and individual to each user individually.
Comments Disclaimer: The Site welcomes comments on blog posts. All comments submitted to the Site are the opinions of the author and do not necessarily reflect or represent the views, policies or positions of JMF. JMF reserves the right to use its own discretion when determining whether or not to remove offensive comments or images.]
Indemnification
You will indemnify and defend JMF from any loss, liability, claim, demand, or expense (including reasonable legal fees) asserted by any third party relating in any way to your Use or your breach of these Terms. Any settlement you agree to shall not, under any circumstance, impose an indemnified obligation on us without our prior explicit, written consent. Without limiting the application of this section, or any rights under applicable law, JMF reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you.
Miscellaneous
Affiliates
This Site may use affiliate links to sell certain products or services. JMF, by use of affiliate links, intends to only recommend products or services that it believes will bring value to you. We use reasonable efforts to notify you of these affiliate links as used within the Site. We disclaim any and all liability regarding your purchase through any of these affiliate links, and you accept express liability for any use of these affiliate links contained on this Site or any related communications, including email marketing.
Completeness
This Site is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, We cannot guarantee that all materials and related media contained herein are entirely accurate, complete, or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this Site or our Offers is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at hello@jenmcfadyen.com.
Availability & Malicious Code
JMF cannot guarantee access to our Site. You acknowledge that access to our Site may be restricted or limited from time to time for repairs, maintenance, or updates, (“Internal Limitations”), and that access may be slow or incomplete for any reason such as internet traffic, server overloads, or network failures or delays (“External Limitations”). JMF will try to limit the frequency and duration of any Internal Limitations as able to do so. You acknowledge that to the fullest extent permissible by law, JMF is not liable for damages or any recourse if our Site is unavailable due to any External Limitations.
JMF takes commercially reasonable precautions and measures to prevent the introduction and proliferation, and reduce the effects, of any viruses, worms, Trojan horses, back doors, and other malicious code on the Site, however, we make no explicit representation or warranties as to the safety of your use of the Site.
Transmissions
Any information you transmit to or post to this Site, by any means, will be treated as non-confidential.
General Miscellaneous & Governing Law
If any provision in these Terms is held by a court of competent jurisdiction to be invalid, then such provision shall be construed as nearly as possible to correspond with JMF’s intentions and without prejudice to JMF as the drafter and the remaining provisions in these terms shall remain unaffected. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision, unless previously and explicitly agreed to by us in writing. The section titles in these Terms are solely used for convenience and have no independent legal significance. These Terms may be assigned in whole or in part by us, but these Terms may not be assigned by you. These Terms shall be governed by and construed in accordance with the laws of the State of Minnesota, notwithstanding any conflict of laws provisions or rules. You unequivocally, irrevocably and unconditionally: (i) consent to the exclusive jurisdiction of the state and federal courts sitting in Hennepin County, Minnesota for any litigation or dispute arising out of relating to this Contract; (ii) agree to waive a trial by jury; (iii) agree not to commence any litigation arising out of relating to these Terms in any other jurisdiction; and (iv) agree not to plead or claim that such litigation is being brought in an inconvenient forum.
Entire Contract
These Terms contain the entire understanding and agreement between you and JMF with respect to this Site and any Offers and supersedes all previous communications, negotiations, and agreements, whether oral, written, or electronic, between you and us with respect to this Site and your Use of this Site.
Changes To These Terms And Contacting Us
These Terms may be updated or changed from time to time, such as to comply with legal requirements, or to meet changing business needs. All changes are effective immediately upon posting to the Site, and shall apply to all access and use of the Site thereafter. Your continued use of the Site or our Offers following the posting of revised Terms be deemed your acceptance and agreement to these changes. The most up to date version will be posted to the Site, with the “Last Updated” date noted above.
If you have any questions or concerns regarding these Terms, please contact us at hello@jenmcfadyen.com.
All Rights Reserved
All rights not expressly granted in Terms are reserved by JMF.