Jen Hatmaker Website Terms of Use

Last Updated: October 20, 2023

THESE TERMS OF USE GOVERN THE USE OF THIS WEBSITE. PLEASE READ THEM CAREFULLY BEFORE ACCESSING THE WEBSITE. IF YOU DO NOT AGREE WITH THESE TERMS DO NOT ACCESS THE WEBSITE. BY ACCESSING THE WEBSITE OR ANY OF ITS PAGES YOU AGREE TO BE BOUND BY THESE TERMS OF USE. JEN HATMAKER RESERVES THE RIGHT TO REVISE, AMEND, OR MODIFY THESE TERMS AND OUR OTHER POLICIES AT ANY TIME AND IN ANY MANNER BY UPDATING THIS PAGE. YOU SHOULD VISIT THIS PAGE FROM TIME TO REVIEW THE THEN-CURRENT TERMS BECAUSE THEY ARE BINDING ON YOU.

This Website has been established by Jen Hatmaker for the sole purpose of conveying information about Jen Hatmaker and to provide services to its customers and potential customers. 

Use of Website

Restrictions on Use

This Website may only be used for lawful purposes consistent with all rights of other parties and may not be used to violate any state, federal, or local laws. Unlawful activities include but are not limited to storing, distributing or transmitting any threatening, libelous, defamatory, obscene, or pornographic or any other content (by email, uploading, posting, or otherwise) in violation of privacy rights or copyright or trademark rights, or attempting to compromise the security of this Website or any networked account. You are expressly prohibited from violating or attempting to violate the security of this Website, including, without limitation, (a) accessing data not intended for you or logging into a server or account which you are not authorized to access, (b) attempting to probe, scan, or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, or (c) attempting to interfere with service to any other user, host, or network, including, without limitation, via means of submitting a virus to the Website, overloading, “flooding”, “spamming”, “mailbombing”, or “crashing”. Violations of system or network security may result in civil or criminal liability. Jen Hatmaker may investigate occurrences which involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting those who are involved in such violations. 

Further, except with Jen Hatmaker’s express advance authorization or in a clearly designated area, you may not use the Website to: (a) upload, post, email or otherwise transmit any Communications that provide any telephone numbers, street addresses, last names, URLs or email addresses; (b) engage in commercial activities within Jen Hatmaker (such as by advertising or selling products or services or inducing other users to enroll in a promotional or money-making enterprise); or (c) solicit donations for any purpose.

Links to Other Websites

From time to time Jen Hatmaker may place links to other websites on this page or on other pages of this Website. Jen Hatmaker has no control over any other website and is not responsible for the content on any website other than this one. You assume all responsibility when you go to other sites via the links on the pages of this Website. 

SMS Marketing

By consenting to Jen Hatmaker’s SMS marketing in the checkout and initializing a purchase or subscribing via our subscription tools, you agree to receive recurring text notifications (for your order, including abandoned checkout reminders), text marketing offers, and transactional texts, including requests for reviews from us, even if your mobile number is registered on any state or federal do-not-call list. Message frequency varies. Consent is not a condition of purchase.

If you wish to unsubscribe from receiving text marketing messages and notifications, reply with STOP to any mobile message sent from us or use the unsubscribe link we provided you within any of our messages. You understand and agree that alternative methods of opting out, such as using alternative words or requests, will not be considered a reasonable means of opting out. We do not charge for the service, but you are responsible for all charges and fees associated with text messaging imposed by your wireless provider. Message and data rates may apply.

For any questions, please text HELP to the number you received the messages from. You can also contact us at [email protected] for more information.

We have the right to modify any telephone number or short code we use to operate the service at any time. You will be notified on such occasions. You agree that any messages you send to a telephone number or short code we have changed, including any STOP or HELP requests, may not be received, and we will not be liable for honoring requests made in such messages.

To the extent permitted by applicable law, you agree that we will not be liable for failed, delayed, or misdirected delivery of any information sent through the service, any errors in such information, and/or any action you may or may not take in reliance on the information or Service.

Privacy Policy

Please see our Privacy Policy, which contains a description of the information gathering and dissemination practices for this Website. As a condition to the use of this Website, users expressly agree to the terms set forth in our Privacy Policy, which is incorporated by reference in to these Terms as if they were fully set forth in these Terms.

The trademarks, trade names, and service marks (the “Marks”) used on the Website belong to Jen Hatmaker or to various other parties. No one is authorized to use any of the Marks in any manner without the prior express written permission of the owner of the Mark. The materials displayed on the Website are protected by U.S. and international copyright law and treaties, and shall not be transmitted, broadcast, copied, adapted, displayed, reproduced, republished, uploaded, downloaded, posted, distributed, performed, or otherwise used except as permitted by law. All Website design rights, databases and other intellectual property rights associated with the Website, whether registered or unregistered, and related goodwill, are proprietary rights of Jen Hatmaker.  Modification of any Marks or materials displayed on the Website or the use of any materials displayed for any other purpose is a violation of the copyrights and other proprietary rights of Jen Hatmaker and is prohibited.

None of the information on the Website may be used, distributed, or reproduced for commercial purposes without Jen Hatmaker’s express written permission. 

Modifications to the Website

Jen Hatmaker reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the website (or any part thereof) with or without notice. Jen Hatmaker shall not be liable to you or to any third party for any modification, suspension or discontinuance of the website.

Disclaimer

You assume total responsibility and risk for your use of the Website and the internet. Jen Hatmaker makes no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, truth, availability, accuracy or completeness of the Website or any content. Jen Hatmaker does not represent or warrant that:

  • the use or operation of the Website will be secure, timely, uninterrupted or error-free,
  • the Website will meet your requirements or expectations,
  • any stored content will be accurate or reliable or its integrity maintained,
  • the quality of any products, services, information, or other material purchased or obtained by you through the Website will meet your requirements or expectations,
  • errors or defects will be corrected,
  • the Website or the server(s) that make the site available are free of viruses or other harmful components.

The Website and all content is provided to you strictly on an “as is” basis. all conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law by Jen Hatmaker. 

Limitation of Liability

Jen Hatmaker is not responsible for any loss, damage, expense, or penalty (either in tort, contract, or otherwise), including direct, indirect, special, consequential, incidental, punitive, exemplary or treble damages, that result from the access of or use of this Website, even if Jen Hatmaker has been advised of the possibility of any such damages. This limitation includes, but is not limited to the omission of information, the failure of equipment, the delay or inability to receive or transmit information, the delay or inability to print information, the transmission of any computer virus, or the transmission of any other malicious or disabling code or procedure. This limitation applies even if Jen Hatmaker has been informed of the possibility of such loss or damage. 

Indemnification

You agree to indemnify, defend and hold harmless Jen Hatmaker, its officers, directors and employees and its suppliers from and against any liabilities, losses and reasonable costs and expenses (including reasonable attorney’s fees) arising out of any claims or suits by any third party connected with or resulting from your use of this Website in any unlawful manner or in any manner inconsistent with these Terms.

By using this Website, you agree that you will not:

Violate or attempt to violate the security of the Website;

Send or otherwise transmit to or through this Website any unlawful, infringing, harmful, harassing, defamatory, threatening, hateful or otherwise objectionable material of any kind, any material that can cause harm or delay to the Website or computers of any kind, and any unsolicited advertising, solicitation or promotional materials;

Misrepresent your identity or affiliation in any way, or provide any untruthful information to us;

Restrict, discourage, or inhibit any person from using this Website, collect, harvest, or disclose personal information obtained from this Website, or collect information about users of this Website;

Reverse engineer, disassemble or decompile any section or technology on this Website, or attempt to do any of the foregoing;

Gain unauthorized access to this Website or computers or websites connected or linked to this Website;

Launch or use any automated system, including without limitation, “robots”, “spiders”, or “offline readers”, that access this Website in a manner that sends more request messages to our servers in a given period of time than a human can reasonably produce in the same period by using a conventional web browser (except that Jen Hatmaker grants the operators of public search engines revocable permission to use spiders to copy materials from the publicly available searchable indices of the materials, not caches or archives of such materials);

Send or otherwise transmit to or through this Website chain letters, unsolicited messages, so-called “spamming” or “phishing” messages, or messages marketing or advertising goods and services;

Violate any applicable laws or regulations or these Terms of Use; or

Assist or permit any persons in engaging in any of the activities described above.

Arbitration

By using or purchasing Jen Hatmaker products or services, you agree that any controversy, claim, action, or dispute between you and Jen Hatmaker arising out of or relating to: (a) these Terms, or the breach thereof; or (b) your access to or use of Jen Hatmaker’s website or the services or the materials; or (c) any alleged violation of any federal or state or local law, statute or ordinance (each such controversy or claim, a “Claim”), shall be resolved exclusively through binding individual arbitration administered by the American Arbitration Association in accordance with its applicable rules.

Arbitration is a form of dispute resolution in which parties agree to submit their disputes and potential disputes to a neutral third person (called an arbitrator) for a binding decision, instead of having such dispute(s) decided in a lawsuit, in court, by a judge or jury trial. The arbitrator is obligated to issue a reasoned award in writing, including all findings of fact and law upon which the award was made. The arbitrator shall not have the power to commit errors of law, and the arbitrator’s award may be vacated or corrected through judicial review by a court of competent jurisdiction. Each party’s attorneys’ fees, expert costs, and other costs and expenses incurred in connection with arbitration will be borne by the party incurring such costs and expenses.  

Arbitration Procedures

Claims shall be heard by a single arbitrator. Arbitrations shall be held in Dallas, TX USA, but the parties may choose whether to appear in person, by phone, or through the submission of documents.  The arbitration shall be governed by the Federal Arbitration Act (“FAA”) and by the internal laws of the Texas, without regard to conflicts of laws principles. Any disputes in this regard shall be resolved exclusively by an arbitrator. If, but only if, the arbitrator determines the FAA does not apply, Texas law governing arbitration agreements will apply. All disputes with respect to whether the foregoing mutual arbitration provisions are unenforceable, unconscionable, applicable, valid, void or voidable shall be determined exclusively by an arbitrator, and not by any court.

Exclusion from Arbitration

Notwithstanding the terms of this Arbitration Agreement, you may choose to pursue a Claim in court and not by arbitration if you opt-out of these arbitration procedures within 30 days from the date that you first purchase any of Jen Hatmaker’s products or services (the “Opt-Out Deadline”). You may opt out by mailing a written notification to Jen Hatmaker c/o 11625 Custer Rd., #110-354, Frisco, TX 75035. Your written notification must include (1) your name, (2) your address, and (3) a clear statement that you do not wish to resolve disputes through arbitration. Your decision to opt-out will have no adverse effect on your relationship with Jen Hatmaker. You are responsible for ensuring Jen Hatmaker ’s receipt of your opt-out notice, and you therefore may wish to send a notice by means that provide a written receipt.  Any opt-out request received after the Opt-Out Deadline will not be valid and you must pursue your Claim in arbitration.

Class Action Waiver

You and Jen Hatmaker agree that you may bring or participate in Claims against Jen Hatmaker only in your respective individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding.  Unless both you and Jen Hatmaker agree otherwise in writing, the arbitrator may not consolidate or join the claims of other persons or parties who may be similarly situated and may not otherwise preside over any form of a representative or class proceeding. Notwithstanding any other clause contained in this Agreement, any Claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.

Jen Hatmaker reserves the right to change these Terms of Use or the content of any portion of our Website without notice. Your continued access of this Website will be subject to these Terms of Use in effect at the time you access our Website. 

This Agreement and the use of this Website are governed by and construed in accordance with the laws of the State of Texas without regard to its conflict of law provisions and without regard to your state of residence. 

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