TERMS OF SERVICE

Jessica Marie Creative 

BY VISITING www.jessicamariecreative.com or PURCHASING FROM JESSICA LERCARA DBA JESSICA MARIE CREATIVE, YOU ARE CONSENTING TO OUR TERMS OF SERVICE. 

OVERVIEW

By using www.jessicamariecreative.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to Jessica Marie Creative (the “Company”). Accessing this Site constitutes a use of the Site and an acceptance of the Terms provided herein.  

By accessing or browsing the public pages and/or using this Site, you acknowledge and agree that you have read, understood and agree to be legally bound by these Terms of Service and our Privacy Policy which is herby incorporated by reference (collectively, this Agreement”). If you do not agree to any of these terms, then please do not use this Site. 

SITE USE

Information provided on this Site and related to our service of Copywriting and/or Marketing services or consultation is subject to change. I make no representation or warranty that the information provided is accurate.  

In order to use the Site and Service, you may be required to provide information about yourself including your name, email address and other personal information. You agree that any registration information you provide will always be accurate, correct and up to date. You should only provide your own personal information and not anyone else’s.  

You agree to use my site for legal and lawful purposes only. Please do not post anything that is false, defamatory, misleading, misrepresenting or would interfere with or restrictother users from using this Site. This includes, but is not limited to, posting anything unlawful, obscene, libelous, indecent, invasive of privacy, or anything that would cause the potential for civil liability or criminal charges.  

Failure to comply with the terms and conditions listed here may be cause for you to be removed from the Site.  


PURCHASE AND REFUND POLICY

By clicking “Purchase,” “Buy Now,” or any other phrase on the purchase button, or entering your credit card information, or otherwise enrolling, electronically, verbally or otherwise, you “Client” agree to be provided with products, services, or programs by the Company unless a separate Terms of Purchase Agreement is provided at purchase. No refunds will be given for any product purchased online.  

INTELLECTUAL PROPERTY

The Site and Service contain intellectual property owned by Jessica Lercara DBA Jessica Marie Creative, including, without limitation, trademarks, copyrights, proprietary information and other intellectual property as well as the Company name, logo, all designs, text, graphics, other files, and the selection and arrangement of thereof. You may not use in any format whatsoever any of the Site or Service content or intellectual property, in whole or in part without our prior written consent. Any copyright infringement will result in legal action taken on behalf of the Company.  

The content included in any purchase made on the Site remains the intellectual property of Jessica Marie Creative, which reserves the exclusive right to its use. Content included in this purchase may appear in other products, courses, or programs offered by Jessica Marie Creative previously purchased by the Client. The Client hereby acknowledges that inclusion of any previously-purchased content does not entitle the Client to a refund or rebate.  

LIMITATION OF LIABILITY

YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE/COMPANY BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE OR SERVICE, INCLUDING BUT NOT LIMITED TO NEGLIGENCE. ADDITIONALLY, JESSICA LERCARA AND JESSICA MARIE CREATIVE, IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER, VIRUS OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD PARTY THEFT OF, DESTRUCTION OF, UNAUTHORIZED ACCESS TO, ALTERNATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY.  

THE FOREGOING APPLIES EVEN IF JESSICA MARIE CREATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR THE DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT BY LAW. IN NO EVENT SHALL JESSICA LERCARA OR JESSICA MARIE CREATIVE CUMULATIVE LIABILITY TO YOU EXCEED $100.

THIRD PARTIES

The Site and Service may include links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the information or services of these third party websites or resources. Links to such third party websites or resources do not imply any endorsement or affiliation with the Company. You acknowledge sole responsibility for and assume all risk associated with and arising from your use of any such websites or resources.  

INDEMNIFICATION

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, expenses, and assessments, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you or any of these Terms of Service, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defense without our prior written consent. 

PURCHASES
ALL SALES ARE FINAL AND NON REFUNDABLE.

GOVERNING LAW; VENUE; MEDIATION

This Agreement shall be construed in accordance with, and governed by, the laws of the State of NE., exclusive of its choice of law rules and provisions. The parties agree to attempt to resolve any dispute, claim or controversy arising out of or relating to these Terms of Service first by good faith negotiation. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Omaha, NE and any such aware shall be binding on the parties. The prevailing party or parties shall be entitled to recover reasonable attorneys’ fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled. 

DISCLAIMERS

By using www.jessicamariecreative.com, referred to as this “Site”, all visitors, referred to as “user”, “you”, and “your” are bound by these Terms of Service. The term “we”, “us”, and “our” refer to Jessica Lercara or Jessica Marie Creative as (the “Company”). Accessing this Site constitutes a use of the Site and an acceptance to the Disclaimers provided herein.  

The Company makes no representations or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracies, error or incompleteness in the Content.  

By participating in and/or reading this website and/or other Content, including but not limited to blog, email, videos, webinars, and/or workshops, you acknowledge that the Company cannot guarantee the outcome of services and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased and described.  

You acknowledge that the Company has not and does not make any representations as to the future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of use of the Company’s website, products, services, or programs. Testimonials, earnings, or examples shown throughout the Company’s website, programs, emails and/or services are only examples of what may be possible. There is no assurance as to any particular financial outcome based on the use of the Company’s programs, products and/or services.  

If you have any questions or concerns regarding these Disclaimers, please email: hello@jesssicamariecreative.com.  

Updated: October 2022