This Terms and Conditions Agreement (“Agreement”) is between Janice Bakke doing business as JaniceBakke.com (“JaniceBakke.com”) and You (“User” or “you”) regarding your use of this website and/or your purchase of a product on the JaniceBakke.com website.
This Agreement is a binding legal contract; please review it in full. By using the JaniceBakke.com website or by purchasing a product (the “Product”) via the JaniceBakke.com website, you expressly agree to be bound, without modification, to this Agreement. If you do not agree to be bound to this Agreement, you cannot use the website or purchase the Product.
JaniceBakke.com may amend this Agreement at any time by sending you a revised version at the email address you provide us or displaying the updated Agreement on the JaniceBakke.com website, and you automatically become bound by the latest version of the Agreement unless you cease use of the website and/or stop using the Product. You have an affirmative duty to notify us of any changes to your email address, and to review any changes to the Agreement.
This Agreement was last modified on January 23, 2018.
Website Content. The content of this website is for your general education and information. This website is not providing professional health advice, nutrition advice, medical advice, mental health services, or therapy. JaniceBakke.com does not provide any warranty or guarantee that the information contained on this site is accurate or complete. The information on this site may contain errors. JaniceBakke.com disclaims any liability from such errors, to the extent allowed by the law. This site may link to other websites. Links are not an endorsement of the other website, unless specifically stated. JaniceBakke.com has no responsibility for content on the linked website. The content of this site may change at any time, without notice.
Advice Disclosure. JaniceBakke.com is not providing professional health advice, nutrition advice, medical advice, mental health services, or therapy through this website or through any of the Products sold via this website. You should seek medical advice for any medical or mental health problems, and you have the responsibility to consult with a medical professional regarding any medical conditions. Please seek the advice of a medical professional before you begin a new medical, health, or nutrition program. If you are currently being treated for a medical condition and/or are under the care of a medical professional, this website and the Products sold via this website are not a substitute or replacement for that program of care.
Affiliate Disclosure. This site may contain reviews, recommendations, testimonials, or endorsements of other businesses, individuals, events, materials (such as books), products, services, or websites. To support JaniceBakke.com’s mission of providing education and information, we may receive advertising support or other fees in conjunction with such content. We are highly selective about the content we provide, and will not provide content unless it passes our standards, regardless of compensation. JaniceBakke.com will clearly disclose if it receives an affiliate percentage, free product, free service, discount, or any other compensation in conjunction with a review. Please contact us if you have any questions.
Blog Post Comments. You may contribute content to this site in the form of comments on blog posts. The comments feature is intended to facilitate an educational and informative conversation about the topics on this site. Such conversations are not a substitute for professional health advice, nutrition advice, medical advice, mental health services, or therapy and do not make you a client or customer of JaniceBakke.com. If you contribute comments on this site, you agree to the following rules:
• You will not use the comments to post spam, including promotions or advertisements for other products and services.
• You will not use the comments to abuse, defame, harass, threaten, or post objectionable or illegal content, including hate speech and pornography.
• You will only post content that you own or have a license to post, and you will not post content that infringes on a copyright or trademark.
• JaniceBakke.com may moderate, edit, or delete comments at any time, at JaniceBakke.com’s sole discretion.
• JaniceBakke.com may ban comment authors at any time, at JaniceBakke.com’s sole discretion.
The Product. You will receive the materials as described on the webpage for the Product that you purchased.
Your Duties. You understand that any abusive, negative, or inappropriate conduct with Janice Bakke or any other JaniceBakke.com staff is a material breach of this Agreement.
Payments. You agree to pay the fee(s) for the Product as described on the Product webpage. Overdue amounts, including bounced payments or chargebacks, will be assessed a late payment charge at a monthly rate of 1.5% or the maximum provided by law, whichever is less. You understand that if a payment is late, charged-back, or declined for any reason, you will no longer have access to the Product until the late payment is rectified. JaniceBakke.com will have the right to recover expenses including collection costs and reasonable attorney’s fees incurred in the collection of overdue amounts. You understand and agree that you are responsible for the payment even if you choose not to utilize the Product.
No Refunds. Because the products sold at JaniceBakke.com are delivered promptly upon purchase, and may be used or consumed soon thereafter, there are no refunds.
Intellectual Property Over Products. JaniceBakke.com owns or has a license to the copyrights and other intellectual property rights over this website and any materials provided in the Product under this Agreement. You have a license to use the materials provided in the Product only for your own individual, private use, pursuant to the use as described on the website for the Product. You are not allowed to reproduce, share, distribute, or sell these materials, including on the Internet or via social media.
Term. This Agreement begins when you visit the website JaniceBakke.com or purchase the Product and will continue until the Agreement is terminated under this section. If you materially breach this Agreement, JaniceBakke.com may terminate this Agreement upon three (3) days written notice, unless the breach is cured within the notice period.
No Guarantees or Warranties. The website and the Product is for your education and information. JaniceBakke.com cannot and does not guarantee that any specific results will be obtained from the use of the website or from the Product, because your results involve factors beyond the control of JaniceBakke.com, including your personal history and future efforts. It is your responsibility to do your own research and obtain any professional health advice, nutrition advice, medical advice, mental health services, or therapy that you may need for your situation. The content of this website and the Product are provided “as-is” without any express or implied warranties of any kind; JaniceBakke.com disclaims the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
Force Majeure. Neither Party will liable hereunder for any failure or delay in the performance of its obligations under this Agreement if such failure or delay is on account of causes beyond its control, including labor disputes, civil commotion, war, fires, floods, inclement weather, government regulations or controls, casualty, government authority, strikes, terrorism, hacker attacks, widespread internet outages, or acts of God, in which event the non-performing party will be excused from its obligations for the period of the delay and for a commercially reasonable time thereafter.
Waiver of Consequential Damages. No party will be liable to another party or any person, firm, corporation or other business association claiming by, through or under any theory of tort, contract, strict liability or other legal or equitable theory for lost profits, exemplary, punitive, special, incidental, indirect, or consequential damages, whether or not any party or entity has been advised of the possibility of such damages.
Legal Terms. The terms of this Agreement cannot be waived or modified except by an express agreement in writing signed by all the parties. You may not assign this Agreement to any other party without JaniceBakke.com’s written consent. This Agreement constitutes the entire agreement between the parties and supersedes all prior or contemporaneous written or oral agreements between the parties with respect to the subject matter contained in this Agreement. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
Choice of Law and Arbitration. Any controversy or claim arising out of or relating to this contract, or the breach thereof, will be settled by arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The arbitration will be governed by the laws of the State of Washington. Each party will, upon written request of the other party, promptly provide the other with copies of all relevant documents. There will be no other discovery allowed. The arbitration will be based on the submission of documents and there will be no in-person or oral hearing. Time is of the essence for any arbitration under this Agreement and arbitration hearings will take place within 90 days of filing and awards rendered within 120 days. Arbitrator(s) will agree to these limits prior to accepting appointment. The arbitrators will have no authority to award punitive or other damages not measured by the prevailing party’s actual damages, except as may be required by statute. The arbitrator(s) will not award consequential damages in any arbitration initiated under this section. The prevailing party will be entitled to an award of reasonable attorney fees. Except as may be required by law, neither a party nor an arbitrator may disclose the existence, content, or results of any arbitration hereunder without the prior written consent of both parties.
Severability. If any provision of this Agreement is held to be invalid, illegal, or unenforceable, the validity, legality, or enforceability of the remainder of this Agreement will not in any way be affected or impaired.
Reporting Copyright Infringement (DMCA). JaniceBakke.com complies with the terms of the Digital Millennium Copyright Act. To report a claim of copyright infringement, please send a claim to our official agent at email@example.com, containing the following information:
– Your contact information (name, mailing address, phone number).
– A description of the copyrighted work that you believe was infringed.
– A description of the content on this site that you believe is infringing your copyright. If possible, please include a web address/link.
– A declaration that: you have a good faith belief that the use of the copyrighted materials described was not authorized by the copyright owner, agent, or the law; that the information in your notice is accurate, and that you declare, under penalty of perjury, that you are the owner of the allegedly infringed copyright or you are authorized to act on behalf of the copyright owner.
– Your digital or physical signature.
Any questions about the Agreement can be directed to: firstname.lastname@example.org