TERMS OF USE

Effective Date: October 23, 2022

These Terms of Use govern the use of the website www.jenwagner.co (the “Website”), operated by JEN WAGNER LLC (a TENNESSEE Limited Liability Company) (“­­­­­­­Company”), any links to other websites contained on the Website, other online resources accessible via the Website, and your purchase of any digital products offered for sale through the Website (“Products”).  

By browsing, accessing, linking, using, making a purchase on, and/or downloading information from the Website, you agree to these Terms of Use. If you are using the Website on behalf of another person, you represent that you are authorized to accept these Terms of Use on that person’s behalf.  

Company reserves the right, at any time, to modify, alter, or update these Terms of Use. Modifications become effective immediately on being posted on the Website.  Your continued use of the Website after amendments are posted constitutes an acknowledgement and acceptance of the modified Terms of Use. Except as provided in this paragraph, these Terms of Use may not be amended.

The text to the right of each section below is aimed to give a plain English summary of what’s contained in each section. Please ensure you read the entire agreement, as the plain English wording on the right is just a summary.

1. Price and Payment Terms

Pricing is subject to change without notice. Company reserves the right to limit quantities. Prices displayed on the Website are subject to final approval at the time of order fulfillment. Your total price for any Products purchased or rented will be stated on your e-mailed purchase receipt. Terms of payment are within Company’s sole discretion and payment must be received by Company prior to Company’s acceptance of an order. Prices are based on U.S. currency. Orders are not binding on Company until accepted by Company, and Company reserves the right to decline the acceptance of any order, including, without limitation, if the listed price of the Product is a mistake. Applicable sales taxes may be added to the final price you pay for any Products unless you provide Company with a valid and correct tax exemption certificate.

2. Taxes

Currently, Company is not required to collect and remit sales tax for purchases of digital products through this Website in every state. Some states, however, require that their residents file a sales or use tax return for items purchased online. For purchases where sales tax is applicable you will see the tax calculated on the checkout page before you are asked to confirm the purchase. Company uses reasonable commercial efforts to calculate and remit the correct amount of tax required on each taxable purchase, but Company does not guarantee the accuracy of the amount of the tax it represents to you as the tax owed.  In consideration of Company’s allowing you to use and access this Website and collecting and remitting taxes required on your purchases, you hereby waive your right to claim that the tax collected on any purchase is incorrect in any respect, and you agree to hold Company and its officers, directors, affiliates, parents, subsidiaries, employees, agents and representatives harmless for any harm or other damages you may incur as a result of any error by Company in calculating the taxes you owe for your purchases.

3. Delivery and Ownership

Company will arrange for delivery of your purchased Products via email within forty-eight (48) hours of your order confirmation, or once your payment is fully processed, whichever is later. Delivery will be made to the email address used for the purchase. All rights and to the Products remain with Company, and delivery of a Product to you constitutes permission to you individually (otherwise known as a limited license) to use the Product, but not a sale or other grant of rights to the Product. See the Intellectual Property section below for further terms regarding Company’s rights to all Products.

4. Support

Unless specifically stated in the description for any Product, Company does not provide support for any Products. Company makes best efforts to make sure Products are accurate and up to date but cannot make any guarantees. 

5. Product Description and Availability  

Company may revise and discontinue Products at any time. Product availability is subject to change without notice. Company attempts to be accurate in its descriptions of Products. Company does not guarantee, however, that descriptions of Products or other content on this Website are accurate, complete, reliable, current or free from errors or omissions. Colors, patterns, sizes, and other visual features of Products might display differently depending on the device on which you view a Product. Images are shown for representational purposes only.  

6. Refund Policy

Due to the electronic nature of the Products, COMPANY DOES NOT OFFER REFUNDS. However, your satisfaction is important to Company. If you are dissatisfied with any Product, please email support@jenwagner.co 

7. Disclaimer of Warranties

You expressly agree that use of the Website is at your sole risk. The Website is provided on an “as is” and “as available” basis.  To the fullest extent permitted by applicable law, Company makes no representations or warranties of any kind, express or implied, regarding any Products or your use or the results of the Website in terms of its correctness, accuracy, reliability, or otherwise.  Company will have no liability to you or anyone else for any interruptions, errors, computer viruses or other harmful components in the use of this Website.  COMPANY DISCLAIMS ALL EXPRESS OR IMPLIED WARRANTIES WITH REGARD TO ALL PRODUCTS, THE WEBSITE, AND THE INFORMATION PROVIDED ON THE WEBSITE, INCLUDING, BUT NOT LIMITED TO THE EXTENT YOU MODIFY, DELETE, REMOVE, RE-WORD, OR OTHERWISE ALTER ANY PRODUCT AND INADVISABLE OR INCONSISTENT MODIFICATIONS MADE BY YOU, AND INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND LOSS OF DATA OR PROFIT ARISING OUT OF THE USE OR INABILITY TO USE A PRODUCT OR THE CONTENT OF THE WEBSITE. COMPANY DOES NOT WARRANT THAT ANY CONTENT OR INFORMATION ACCESSED THROUGH THE WEBSITE WILL BE UNINTERRUPTED, ERROR FREE, OR SECURE, THAT THE PRODUCTS MEET YOUR SPECIFIC REQUIREMENTS, THAT THE QUALITY OF THE PRODUCTS WILL MEET YOUR EXPECTATIONS, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. PRODUCTS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.

8. Limitations of Liability

UNDER NO CIRCUMSTANCES WILL COMPANY OR ANY OF ITS PARENTS, SUBSIDIARIES, AFFILIATES, MEMBERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, REPRESENTATIVES, SPONSORS OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY OR PUNITIVE DAMAGES, OR DAMAGES FOR LOST PROFITS, LOSS OF REVENUE, OR LOSS OF USE RELATED TO ANY PRODUCTS, YOUR MODIFICATIONS TO ANY PRODUCTS, YOUR USE OF THE WEBSITE OR THE INFORMATION CONTAINED IN IT, OR THE INABILITY TO USE THE WEBSITE OR PRODUCTS, WHETHER SUCH DAMAGES ARISE IN CONTRACT, NEGLIGENCE, TORT, UNDER STATUTE, IN EQUITY, AT LAW, OR OTHERWISE, EVEN IF COMPANY OR ITS REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. If, despite the previous sentence, liability is imposed upon Company, Company’s total liability to you or any third party will not exceed one hundred dollars ($100) or the total amount that you paid for any Products on the date your claim arose, whichever is greater. Some jurisdictions do not allow for the limitation or exclusion of liability for incidental or consequential damages. In those jurisdictions, Company’s liability is limited to the greatest extent permitted by law.

9. Accounts

You may have the option to create an account to participate in certain features of the Website. If you are under the age of 13, you are not permitted to register as a user or otherwise submit personal information to Company. If you create an account, you agree to provide, maintain, and update true, accurate, current, and complete information about yourself in the registration process. You are prohibited from impersonating any person or entity or misrepresenting your identity or affiliation with any person or entity, including using another person’s username, password, contact information, or other account information, or another person’s name, likeness, voice, image, or photograph. You must promptly notify Company with any questions of any unauthorized use of your username, password, other account information, or any other breach of security that you become aware of involving or relating to the Website.

10. our Warranties

You warrant and represent that all content added to the Website by you or at the instruction of you or your agents or representatives — including, without limitation, messages, text, illustrations, files, images, graphics, photographs, comments, sounds, music, videos, information, and/or other content (“User Content”) is free of third-party claims and does not infringe the rights of any third party. By adding or uploading User Content, you warrant and represent that you own or otherwise maintain all necessary rights in order to add or upload such User Content.  

11. Indemnification.
You will indemnify and hold Company and its parents, subsidiaries, affiliates, members, officers, directors, employees, agents, representatives, sponsors, and service providers harmless from any claim, demand, liability, loss, damages, or cause of action, including reasonable attorneys’ fees and costs, made by any third party due to or arising out of your breach of these Terms of Use or your use of any Products or of the Website. This indemnification and hold harmless provision extends to any dispute between persons accessing the Website or between persons accessing the Website and any third party linked to or from the Website. You will cooperate as fully as reasonably required in the defense of any claim. Company reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and you will not in any event settle any such matter without Company’s written consent. 

12. User Content 
Company is not responsible or liable for any User Content on the Website. User Content does not express the views of Company. Company does not guarantee that it will edit or delete User Content. Company has the right, but not the obligation, to monitor User Content. Company reserves the right to reveal your identity (or whatever information Company knows about you) if a complaint or legal action arises from your behavior on or through the Website. Unless otherwise specified, Company does not claim ownership of the User Content on the Website. You acknowledge that Company is not responsible for the accuracy of any User Content and that you — and not Company — are solely responsible for any User Content you post or upload to the Website. The User Content is not intended to, nor does it constitute legal, professional, medical, or healthcare advice or diagnosis, and may not be used for such purposes. Company provides this Website for entertainment, informational, educational, and promotional purposes only. You may not rely on any information and opinions expressed on the Website for any other purpose. It is your responsibility to evaluate the accuracy, timeliness, completeness, or usefulness of the content on this Website. Under no circumstances will Company be liable for any loss or damage caused by your reliance on any content on this Website.  
You acknowledge that public forums offered on the Website, if any, are for public and not private communications. You are and will remain solely responsible for the content you post on these forums and the Website and for the consequences of submitting and posting the same. You should be skeptical about information provided by others, and you acknowledge that the use of any content posted on the Website is at your own risk.  
By posting or uploading User Content to this Website, you are granting Company permission to use the User Content in connection with the Website and/or Company’s promotional purposes. By submitting User Content, you also grant Company the right, but not the obligation, to use your biographical information, including, without limitation, your name and geographical location in connection with broadcast, print, online, or other use or publication of your User Content in connection with the Website or with Company. You waive any and all claims you may now or later have in any jurisdiction to so-called “moral rights” with respect to the User Content.
Company may discontinue operation of the Website, or your use of the Website, in either case entirely or partially, in its sole discretion. You have no right to maintain or access your User Content on the Website, and Company has no obligation to return your User Content or otherwise make it available to you.
The rights granted by you under these Terms of Use may not be terminated, revoked, or rescinded and are not subject to reversion. If you become aware that User Content you have submitted includes any material for which you lack the unrestricted right to grant Company the rights set forth above without obligations or liability to any party, you must promptly provide Company with the proper information to remove and rectify any such content.

13.      Compliance with Laws and Prohibited Uses

You assume all knowledge of applicable law and are responsible for compliance with all such laws.  You may not use the Website in any way that violates applicable state, federal, or international laws, regulations, or other government requirements.  

You are prohibited from posting or transmitting through the Website: 
material that violates or infringes on the rights of others, including, but not limited to, any copyright, trademark, patent, trade secret, moral right, or other intellectual property, personal, contractual, proprietary, or other right of Company or of any other person or entity; 

material that impersonates another or is unlawful, threatening, abusive, defamatory, invasive of privacy or publicity rights, vulgar, obscene, profane, pornographic, lewd, filthy, excessively violent, harassing or otherwise objectionable; 

material that encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national or international law or regulation; 

material that is an advertisement for goods or services or a solicitation of funds; 

material that includes personal information such as messages that identify phone numbers, social security numbers, account numbers, addresses, or employer references; 

material that contains a formula, instruction, or advice that could cause harm or injury; material that is a chain letter or “spam” of any kind; 

material that, if used by Company, would cause Company to be liable or have obligation to a person or business; or

material that could facilitate mail abuse or unsolicited email of any type (spam)

material that could facilitate scraping, or systematic retrieval of data or other Website Content from this Website to create or compile a collection, compilation, database, or directory without Company’s express prior written permission is prohibited.

Company reserves the right to refuse service to you for violation of this Section or any of these Terms of Use.  

14. Intellectual Property

Unless otherwise noted, all Products and content on the Website are subject to Company’s intellectual-property rights — including copyrights and trademarks – or the rights of Company’s licensors. Subject to these Terms of Use, Company grants you a non-exclusive, non-transferable, limited right to access, use and view this Website and the information on the Website, including, without limitation, all text, files, designs, graphics, drawings, illustrations, images, photographs, video, music and sounds, and/or other content and all trademarks, service marks and trade names used at this Website, and all such content as incorporated into any Products (all together referred to as the “Website Content”), solely for your own individual use. Despite the terms of the previous sentence, you may not, nor may you allow others to, directly or indirectly sell, license, rent, distribute, transfer, reproduce, modify or attempt to modify or create derivative works from the Website Content in any way or reproduce or publicly display, perform, transmit or distribute or otherwise use the Website Content for any public or commercial purpose, including, but not limited to: use of the Website Content on any other website or platform. Except as specifically provided in these Terms, Company does not license the right to use or reproduce the Website Content to you, and all intellectual-property rights in the Website are expressly reserved by Company.

For clarity, Company and/or its licensors (as the case may be) is and will remain the sole and exclusive owner of all intellectual property rights in each Product and all content incorporated into each Product, and including, but not limited to, all copyright, trademark, and other intellectual property rights. You do not acquire any ownership of any rights in any Products by virtue of purchasing a Product. Any sale, distribution, transfer, copying, or unauthorized use of any Product to a third party for that party’s use is strictly prohibited.

15. Submission of Information

Although Company may provide certain security in an effort to protect the electronic transmission of certain information that you submit to Company through this Website, Company does not guarantee the security of any information transmitted to or from this Website, including to or from any third-party websites linked to this Website. Submission of any financial (e.g., credit card) or other information to this Website or to any third-party websites linked to this Website is entirely at your own risk and responsibility.  

16. Privacy Policy

Registration data, if any, and information you supply when you place an order for Products through this Website, including, without limitation, credit card and other personal information, and other personal information about you is subject to Company’s Privacy Policy. By using the Website, you consent to the collection and use of this information in accordance with that Privacy Policy.

17. Restrictions on Use by Minors
If you are under 13, you may use this Website only under the supervision of a parent or legal guardian. This Website is not intended or designed to attract children under the age of 13. Company does not collect personally identifiable information from any person Company actually knows is under the age of 13.

18. Denial of Access

Company, for any reason and at its sole discretion, may decide to deny anyone access to any part of the Website. By agreeing to these Terms of Use, you agree to immediately cease and desist from any attempt to access the Website after such a denial.

19.      Modifications and Interruption to Service

Company will make its best efforts to provide uninterrupted service to the Website, but you acknowledge and accept that Company does not guarantee continuous, uninterrupted, or secure access to the Website, and operation of the Website may be interfered with or adversely affected by numerous factors or circumstances outside of Company’s control.

20.      Third Parties and Third-Party Sites

The Website may include links to advertisements or other sites on the Internet that are owned, operated, and/or maintained by online merchants or other third parties.  You acknowledge that Company is not responsible for the availability of, or the content located on or through, any third-party site. Company is not responsible for the content, operation, or privacy practices of these other websites, nor does it operate, control, or endorse the content found on these third-party websites. Your use of these third-party sites is at your own risk, and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.  You should contact the site administrator or webmaster for those third-party sites if you have any concerns regarding such links or the content located on such sites.  Your use of those third-party sites is subject to the terms of use and privacy policies of each site. If a third-party links to the Website, it is not necessarily an indication of Company’s endorsement, adoption, authorization, sponsorship, affiliation, joint venture, or partnership with that third party. Company makes no warranties or representations whatsoever with regard to any product provided or offered by any vendor or other third party, and your reliance on representations and warranties provided by any vendor or other third party is at your own risk. You assume sole responsibility for your use of third-party links. Company is not liable to you for any loss or damage of any sort incurred as a result of your dealings with any third-party or their website.

21.      Venue and Governing Jurisdiction 

The Website is operated and provided in the State of Tennessee.  As such, Company is subject to the laws of the State of Tennessee.  Any legal issues arising from or related to your use of the Website or any Product will be construed in accordance with, and all questions with respect to such issues will be determined by, the laws of the State of Tennessee applicable to contracts entered into and performed within Tennessee. Any dispute arising out of or relating to these Terms of Use or your use of or visit to the Website must be brought in the state or federal court located in Davidson County, Tennessee, as applicable. By using the Website, and thereby agreeing to these Terms of Use, you consent to personal jurisdiction and venue in the state and federal courts in Davidson County, Tennessee with respect to all such disputes. Company makes no representation that the Website is appropriate, legal, or available for use in other locations.  Accordingly, if you choose to use the Website, you agree to do so subject to the internal laws of the State of Tennessee.

22.  Other Terms

If any provision of these Terms of Use is deemed by an appropriate court to be unlawful, void, or unenforceable for any reason, the other provisions (and any partially enforceable provision) will not be affected by that determination and will remain valid, binding, and enforceable to the maximum possible extent.  These Terms of Use apply in addition to, and are not superseded by, any other written agreement between Company and you in relation to the Website.  Company’s failure to insist on or enforce strict performance of any provision of these Terms of Use do not constitute a waiver of any provision or right in the future. The Privacy Policy is a binding part of these Terms of Use, and together with these Terms of Use constitute the entire agreement between Company and you with respect to your use of this Website. Any cause of action you may have with respect to your use of this Website or that is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises. The headings and summaries in these Terms of Use are for reference and convenience only and do not affect the interpretation of these Terms of Use.