Terms & Services
Effective Date: May 14, 2026
I. Introduction.
A. Jillian Turecki, LLC D/B/A Jillian Turecki (“Jillian Turecki,” “us,” “we,” and “our”), a Florida limited liability company, owns and operates the online website the (“Website”), https://www.jillianturecki.com, that offers its coaching services, courses, content, curriculum, coaching materials, products, Jillian Turecki’s email newsletter (free), the “Conscious Woman” membership program, the “Jillian On Love” podcast (free), and any other products or services featured on the Website (all of the foregoing, together with the Website, collectively, the “Service”). You ("You," "Your," “User,” and "Users") means all visitors, users, purchasers, and subscribers to the Service, including, without limitation, any part thereof.
B. Jillian Turecki Channels. In addition to the Service, Jillian Turecki publishes content, delivers products and services, and communicates with Users through channels that are owned, operated, or controlled by Jillian Turecki but hosted on or delivered through third-party platforms and infrastructure that Jillian Turecki does not own or control (individually, “Jillian Turecki Channel” or collectively, “Jillian Turecki Channels”). Jillian Turecki Channels include, without limitation:
Jillian Turecki's social media accounts on any platform (including, without limitation, Instagram, Facebook, TikTok, etc.);
Jillian Turecki's accounts and pages on third-party content and subscription platforms (including, without limitation, YouTube, Patreon, and Substack);
Marketing, promotional, and transactional email communications sent by or on behalf of Jillian Turecki using third-party email service providers;
Community membership events, group coaching sessions, and similar programming hosted by Jillian Turecki on third-party event or conferencing platforms; and
Chat communities and discussion forums hosted by Jillian Turecki on third-party community platforms.
Jillian Turecki Channels are not “Third-Party Sites” (as defined in Section XVI.A).
C. Applicability of These Terms to Jillian Turecki Channels. The following provisions of these Terms apply to Your access to and interaction with any Jillian Turecki Channel, in addition to the terms of service, privacy policy, and other applicable terms of the third-party platform on which the Jillian Turecki Channel is hosted:
Section III (The Service and Jillian Turecki Channels Are For Informational Purposes Only), including all disclaimers, assumption-of-risk provisions, the duty to seek qualified care, and the cross-references to Section XVII contained therein, apply to all content published on or through any Jillian Turecki Channel.
Section X (Jillian Turecki Content, Ownership, and Your Limited Authorized Use), including all intellectual property ownership, trademark, and license provisions, apply to all Content published on or through any Jillian Turecki Channel.
Section XI (User Contributions, User Contribution License, and User Warranties), to the extent You post, submit, or transmit User Contributions on a Jillian Turecki Channel that permits user interaction (such as a chat community or discussion forum hosted by Jillian Turecki), including the User Contribution License and associated warranties.
Section XII (Jillian Turecki's Monitoring, Enforcement; Removal of User Contributions), including Jillian Turecki's rights to monitor, remove, and take action with respect to User Contributions and to cooperate with law enforcement, apply to User Contributions Posted on or through any Jillian Turecki Channel.
Section XIV (Your Limitations, Obligations, and Prohibitions), including the prohibitions on unauthorized copying, reproduction, distribution, commercial exploitation, reverse engineering, and competitive use of Content, apply to all Content published on or through any Jillian Turecki Channel.
Section XV (Consequences of Violating These Terms), including Jillian Turecki's right to prohibit, suspend, or terminate Your use of the Service and Jillian Turecki Channels, applies to violations of these Terms arising from or related to any Jillian Turecki Channel.
Section XVII (Disclaimers, Limitation of Liability, Release, Indemnification), including the definition of Released Parties, the disclaimer of warranties, the disclaimer of specific results and Testimonials, the release from liability, the liability cap, and the indemnification obligations, apply to all Disputes (as defined by XVIII.A) arising from Your access to, use of, or reliance on any Jillian Turecki Channel or Content published thereon.
Section XVIII (Resolution of Disputes), including the Arbitration Agreement, the class action waiver, and the informal resolution procedures, apply to all Disputes arising from or relating to any Jillian Turecki Channel or Content published thereon.
Section XIX (Governing Law and Venue) applies to all Disputes arising from or relating to any Jillian Turecki Channel.
Section XX (Changes to These Terms), including the notice requirements for Material Changes, the notice and opt-out provisions applicable to changes to the Arbitration Agreement, and the applicable-version provisions, apply to all changes to these Terms that affect Your access to, use of, or interaction with any Jillian Turecki Channel.
Jillian Turecki does not own or control the third-party platforms on which Jillian Turecki Channels are hosted. To the extent that a third-party platform's terms of service, privacy policy, or operational practices conflict with these Terms with respect to the platform's own functionality, data collection, content moderation, billing, cancellation, account management, or other matters within the platform's operational control, the third-party platform's terms govern those platform-specific matters. These Terms govern Jillian Turecki's own content, products, services, and Your relationship with Jillian Turecki.
D. Please read our Master Terms of Service carefully before accessing or using the Service or any Jillian Turecki Channel, including, without limitation, making any purchases. These Master Terms of Service incorporate by reference herein the Jillian Turecki Privacy Policy and include the Arbitration Agreement and Waiver of Class Action set forth in Section XVIII, (together with any updates or additional terms) (collectively, "Terms") and govern the access and use of the Service, whether in whole or in part.
E. These Terms constitute a binding legal agreement between You and Jillian Turecki, its affiliates and subsidiaries, as follows:
You accept and agree to these Terms when You take any of the following actions:
a. Completing a purchase on the Website and submitting Your payment;
b. Creating a registered account on the Website or through any membership platform used by Jillian Turecki;
c. Subscribing to the Newsletter by entering Your email address and clicking "Subscribe" (or similar submission button);
d. Posting any User Contribution on the Service or any Jillian Turecki Channel;
e. Enrolling in a Free Trial; or
f. Continuing to access or use the Service or any Jillian Turecki Channel after being presented with notice of these Terms on the Website.
2. Notice by Links. Links to these Terms and the Privacy Policy are (i) available on every page of the Website in the bottom right-hand corner of the footer; (ii) displayed at the point of sale before You complete a purchase; and (iii) on the Newsletter signup form before You subscribe. All hyperlinks to these Terms and the Privacy Policy on the Website are displayed in a contrasting colour or underlined format that distinguishes them from surrounding non-linked text, in a font size no smaller than the surrounding text.
3. Notice at Point of Sale. For purchases made through the Website, notice that completing the purchase constitutes acceptance of these Terms (including the Arbitration Agreement and Class Action Waiver in Section XVIII) and the Privacy Policy is provided at the point of sale, adjacent to the payment submission, with hyperlinks to each.
4. Notice at Points of Interaction. For interactions listed in subsections 1(b) through 1(f), where technically supported by the Website platform, notice of these Terms is provided by conspicuous text adjacent to the applicable action button (e.g., "Subscribe," "Create Account"), which states that taking the action constitutes agreement to these Terms (including the Arbitration Agreement and Class Action Waiver in Section XVIII) and the Privacy Policy.
F. You agree that these Terms and Privacy Policy are supported by reasonable and valuable consideration, the receipt and adequacy of which You hereby acknowledge, including, without limitation, Your access to and use of the Service or any Jillian Turecki Channel. If You do not accept these Terms, then You must not access or use the Service or any Jillian Turecki Channel.
G. In addition, when You use any of our current or future services or products, whether through the Service or any Jillian Turecki Channel, You will also be subject to our specific guidelines, terms, conditions and agreements applicable to those services and products. If these Terms conflict with the specific guidelines, terms and agreements applicable to those services and goods, then those specific terms shall control.
H. These Terms may change from time to time. See Section XX for the process by which these Terms may be changed. Your continued access and use of the Service or any Jillian Turecki Channel constitute acceptance of such changes. Please check these Terms periodically for updates.
II. The Service.
A. Our Service Platform. The Service offered via the Website is hosted by (i) Squarespace.com, https://www.squarespace.com, a cloud-based service platform (“SquareSpace”). Therefore, certain terms and conditions of the SquareSpace Terms of Service and Privacy Policy may apply to You as You access and utilize the Service via the Website. Please review both the SquareSpace Terms of Service and Privacy Policy.
B. Our Collection of Information and Use of Information vis-à-vis the Service and Jillian Turecki Channels. As stated in Section I.E above, You consent to Jillian Turecki’s collection and use of information through the Service and any Jillian Turecki Channel as set forth in our Privacy Policy. If You do not consent to our collection and use of information, please do not use the Service or any Jillian Turecki Channels.
C. Eligibility. You may access and use the Service and any Jillian Turecki Channel only if You are eighteen (18) years of age or older. Please do not use the Service and any Jillian Turecki Channel if You are under eighteen (18).
D. Location. The Service is based in and operates from the United States. We do not represent that the Service is applicable, appropriate, or available for use in locations outside of the United States. Persons who choose to access the Service from locations outside of the United States do so on their own initiative and are solely responsible for compliance with sovereign and local laws, if and to the extent such laws are applicable. To the extent these Terms apply to Jillian Turecki Channels (as set forth in Section I.C), the same limitation applies to Your access to and interaction with any Jillian Turecki Channel from locations outside of the United States.
E. Consent to Our Communications. When you access and use the Service or any Jillian Turecki Channel, You may provide to us Your name and email, such as when you subscribe to our newsletter, make a purchase, or download a free featured product. When You provide us Your name and email, You are consenting to our communicating with You by email for posting notice re: the Service, for customer service-related purposes in connection with the Service, or for security, privacy, and administrative issues relating to Your use of the Service. You have a legal right to receive free written notice of a security breach or to withdraw Your consent from receiving electronic notice. You may opt out by clicking the “Unsubscribe” link that is included in our email communications or write to us at support@jillianturecki.com and state in the subject line “Cancel Communications” or the subject of Your request or inquiry. We will respond to you within seven (7) business days.
F. Subject To Change: All information provided by the Service and any Jillian Turecki Channel is subject to change at any time without notice, at our sole discretion.
G. Term and Termination. The term for Your use of the Service and any Jillian Turecki Channel will commence on the date on which You access or use the Service or any Jillian Turecki Channel. The term will continue until You or we terminate Your use of the Service or any Jillian Turecki Channel. For example, You may terminate Your use of the Service by discontinuing Your use of the Website or the online courses or unsubscribing from the Newsletter.
H. Effect of Termination. Upon termination of Your use of the Service or any Jillian Turecki Channel, whether by You or by Jillian Turecki, the following provisions of these Terms will survive and remain in full force and effect:
Section III (The Service and Jillian Turecki Channels Are For Informational Purposes Only), including all disclaimers, assumption-of-risk provisions, and the duty to seek qualified care;
Section X (Jillian Turecki Content, Ownership, and Your Limited Authorized Use), including all intellectual property ownership and trademark provisions;
Section XI (User Contributions, User Contribution License, and User Warranties), including the User Contribution License granted by You and all associated warranties and indemnification obligations;
Section XVII (Disclaimers, Limitation of Liability, Release, Indemnification), in its entirety;
Section XVIII (Resolution of Disputes), including the Arbitration Agreement and Class Action Waiver;
Section XIX (Governing Law and Venue);
Section XIV (Your Limitations, Obligations, and Prohibitions), to the extent any obligation or prohibition relates to conduct that occurred during the term of Your use of the Service or any Jillian Turecki Channel;
Section VI.E (Refund Policy), to the extent any refund obligation or right arose during the term of Your use of the Service; and
Section XXI (General Terms).
All other provisions of these Terms that by their nature are intended to survive termination will also survive. Termination does not relieve either party of any obligation that accrued before the effective date of termination.
III. The Service and Jillian Turecki Channels Are For Informational Purposes Only. The Service and Jillian Turecki Channels offer wellness, personal development, and relationship related information and do not provide health care, medical or mental health advice, diagnosis, or treatment. Each time You access, use, participate with, or make a purchase of the Service or any Jillian Turecki Channel, You acknowledge and agree to the following:
A. Disclaimer Re: Jillian Turecki. Jillian Turecki is not a licensed health care, medical services, or mental health provider and the Service and Jillian Turecki Channels are not, nor intended to be substituted for the advice, diagnosis, or treatment by a licensed health care, medical, mental health, or other licensed professional service provider.
B. Disclaimer Re: Information Provided by the Service and Jillian Turecki Channels. Nothing stated by, posted on, displayed on, or available through the Service or any Jillian Turecki Channel is intended to be, and must not be taken to be, the practice of health care, medicine, or mental health care. For the purposes of this Agreement, the practice of health care, medicine, or mental health care includes, without limitation, psychiatry, psychology, psychotherapy, the practice of pharmacy, nutrition and fitness counseling, or providing health care or medical treatment, instructions, diagnosis, prognosis or advice. Developments in health care, medical, and mental health research may impact the health, fitness and nutritional, physical, physiological, and psychological topics discussed on or through the Service or any Jillian Turecki Channel and no assurance can be given that the information contained on or provided by the Service or any Jillian Turecki Channel will always include the most recent findings or developments with respect to the material. You should never disregard the advice or treatment of such health care, medical, or mental health service provider or delay in seeking such advice or treatment because of the information offered or provided by the Service or any Jillian Turecki Channel.
C. Your Assumption of All Risk. YOU SHOULD AND WILL NOT RELY ON THIS INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL HEALTH CARE, MEDICAL, OR MENTAL HEALTH ADVICE, DIAGNOSIS OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS ABOUT YOUR HEALTH OR THE INFORMATION PROVIDED BY THE SERVICE OR ANY JILLIAN TURECKI CHANNEL, YOU SHOULD ALWAYS CONSULT WITH A LICENSED PHYSICIAN OR OTHER LICENSED HEALTH-CARE PROFESSIONAL. DO NOT DISREGARD, AVOID OR DELAY OBTAINING HEALTH, MEDICAL OR MENTAL HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ OR RECEIVED THROUGH THE SERVICE OR ANY JILLIAN TURECKI CHANNEL. THE USE OF ANY INFORMATION PROVIDED BY OR THROUGH THE SERVICE OR ANY JILLIAN TURECKI CHANNEL, INCLUDING, WITHOUT LIMITATION, BY FEATURED FACILITATORS, GUESTS, AFFILIATES, OR OTHER THIRD PARTIES, IS SOLELY AT YOUR OWN RISK. THE FOREGOING IS IN ADDITION TO, AND DOES NOT LIMIT, THE DISCLAIMER OF WARRANTIES SET FORTH IN SECTION XVII.C.
D. Your Duty To Seek Qualified Care. If You have specific concerns or a situation that requires health care, medical, or mental health advice, care or treatment, You should consult with the appropriately trained and qualified health care, medical provider, or mental health care provider such as a physician or psychologist.
E. No Confidential Relationship; Disclaimer re: No Legal Privilege. The relationship between You, Jillian Turecki, and the featured coach, facilitator, guest, affiliates or participants with the Service, the Content, or any Jillian Turecki Channel, is not confidential and there is no legally privileged relationship (such as a doctor-patient relationship, psychiatrist-Jillian Turecki) entitled to confidentiality or protected from disclosure. Information provided by You is not confidential and could be discoverable in legal or regulatory proceedings or investigation by law enforcement authorities. You acknowledge and agree that the relationship between You and Jillian Turecki is not confidential, nor legally privileged and Jillian Turecki must comply with any applicable law in connection with the Service, the Content, or any Jillian Turecki Channel, including, without limitation, its coaching services. YOU WAIVE AND HOLD HARMLESS THE RELEASED PARTIES (AS DEFINED IN SECTION XVII.B), FROM ANY CLAIMS RESULTING FROM ANY ACTION OR DISCLOSURE MADE BY JILLIAN TURECKI DURING, OR TAKEN AS A CONSEQUENCE OF, COMPELLED DISCLOSURE TO LEGAL OR REGULATORY AUTHORITIES OR INVESTIGATIONS BY EITHER JILLIAN TURECKI OR LAW ENFORCEMENT AUTHORITIES. THE FOREGOING WAIVER IS IN ADDITION TO, AND DOES NOT LIMIT, THE RELEASE FROM LIABILITY AND INDEMNIFICATION PROVISIONS SET FORTH IN SECTION XVII.
F. Disclaimer of Warranties. The Service, Content, and Jillian Turecki Channels are provided "As Is" and without warranty of any kind, as more fully set forth in Section XVII.C. The Disclaimer of Warranties in Section XVII.C applies with full force and effect to all content, information, and services provided by or through the Service, the Content, and any Jillian Turecki Channel, including, without limitation, all coaching services, courses, and materials described in this Section III.
G. Disclaimer of Liability. It is Your responsibility to make all decisions in connection with Jillian Turecki and the use of the information offered or provided by the Service, the Content, or any Jillian Turecki Channel. The limitation of liability, release from liability, and liability cap set forth in Sections XVII.E and XVII.F apply to any and all claims arising from or related to the information offered or provided by the Service, the Content, or any Jillian Turecki Channel, including, without limitation, any injury or loss in connection with Your access, use, participation, or purchase of the Service or any Jillian Turecki Channel.
H. Right to Terminate. We may terminate Your participation in and use of the Service and Jillian Turecki Channels at any time based on our sole discretion and judgment that the Service is not appropriate for You.
I. Limitation of Liability, Release and Indemnification. By accessing, using, participating with, or purchasing the Service or any Jillian Turecki Channel, You acknowledge and agree that (i) the disclaimers set forth in this Section III are a material part of these Terms; (ii) You assume all risk associated with Your use of the information and content provided by or through the Service or any Jillian Turecki Channel, including, without limitation, any information provided by featured coaches, facilitators, guests, affiliates, or other third parties; and (iii) the limitation of liability, release from liability, and indemnification provisions set forth in Section XVII apply to any and all claims arising from or related to the informational nature of the Service or any Jillian Turecki Channel, the disclaimers in this Section III, and Your reliance on the Service, the Content, or any Jillian Turecki Channel.
J. Your Acknowledgement. You acknowledge and agree that You have carefully read and understand the disclaimers set forth in this Section III and the limitation of liability, release from liability, and indemnification provisions set forth in Section XVII, and that You voluntarily accept the terms thereof as a condition of Your access to and use of the Service or any Jillian Turecki Channel.
IV. Your Registered Account.
A. Registered Accounts. Access to the Service may require that You create a registered account (e.g., member account) for certain purchases (a Digital Membership) or You may do so at your own discretion. When you create a registered account, You agree that (i) all of the information You provide to the Service is current, correct, and complete and (ii) the collection, storage and use of personal information provided to us, including but not limited to Your registration information and any interactive features on the Service, is governed by our Privacy Policy, and You consent to all actions taken by us or our duly appointed representative(s) consistent with said Privacy Policy.
B. Your Account. To create a registered account, You must provide a valid email address (“Registration Data”). You will choose a password during the registration process. You are responsible for maintaining the confidentiality of the password and account, and for all activities and purchases that occur under Your account. In consideration of use of the Service, You agree to maintain and update true, accurate, current and complete Registration Data. If You provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we may suspend or terminate Your account and refuse any and all current or future use of the Service or any portion thereof.
C. Use of Your Account. Your account is for Your personal use only. Without explicit written permission from us or our duly appointed representative(s), You agree not to allow access to the Service or any portion of it by any other person using Your login credentials. You further agree to notify us immediately of any unauthorized access to or the use of Your credentials or any other known breach of security.
D. We May Disable A User Account. Subject to the refund provisions of Section VI.B and Section VI.E,we retain the right to disable any user account, whether created by You or provided by us, at any time and in our sole discretion for any or no reason, including, but not limited to, violations of any provision of these Terms, and are not liable to You in any way for disabling the Service.
V. Subscription to the Jillian Turecki Newsletter. To receive the Jillian Turecki free newsletter (“Newsletter”), You will need to sign up and subscribe to it by providing us Your name and email address. You represent and warrant that You are at least eighteen (18) years of age or older or the age of majority in Your country or jurisdiction, legally authorized to provide the name and email address used to subscribe to the Newsletter, and the name and email address that You provide to us are true, accurate, current, and complete. Signing up for our Newsletter constitutes affirmative consent to the receipt of the Newsletter and/or email marketing communications from us about the Service (e.g., posting notices, special offers, upcoming courses, events, etc.). You may unsubscribe from the Newsletter by clicking on the “Unsubscribe” link provided at the bottom of the Newsletter.
VI. You Agree to Our Terms of Sale for the Purchase of Products and Subscription Services.
A. Terms of Sale. All services and products (collectively, “Product” or “Products”) offered by the Service that You purchase (collectively, “Purchased Product” or “Purchased Products”), are governed by these terms of sale (collectively, “Terms of Sale”), to which You acknowledge and agree when you make the purchase:
You agree to pay for all Purchased Products from the Website and that we may charge your selected payment method, plus any additional amounts (including any taxes, late fees as applicable) as may be accrued, in connection with Your Purchased Product or account.
You agree to provide current, complete and accurate purchase and account information for all Purchased Products offered by the Service. We are not responsible for the suspension of, delay in delivery, or cancellation of a Purchased Product because of inaccurate information that You provide. You also agree to promptly update Your registered account and other information, including Your email address and credit card numbers and expiration dates, so that we can complete Your transactions and contact You as needed.
All prices displayed on the Website are in U.S. dollars and do not display any applicable U.S. state sales tax, in effect at the point of sale on the Website.
You will be charged the purchase price of the Product, plus the applicable U.S. state sales tax, if any, in effect at the point of sale on the Website. You are responsible for paying any other tax, VAT, or fee owed worldwide in connection with a Purchased Product on the Website that is owed to the applicable taxing authority.
All payment fees are billed to the payment method (e.g., credit card, etc.) selected by You at the point of sale on the Website. If Your payment method cannot be verified, is invalid or is otherwise not acceptable, Your Purchase may be suspended or cancelled.
You understand that the information and data that You provide to us at the point of sale, including Your name, email address, and payment information, is encrypted in transit using industry-standard transport layer security (TLS) protocols. Payment transactions are processed by our third-party payment processor, Stripe, Inc., which is certified as a PCI Service Provider Level 1. For details regarding how Your payment information is handled, please refer to Stripe's privacy policy at https://www.stripe.com/privacy. While we and our service providers use commercially reasonable security measures to protect Your information, no method of electronic transmission or storage is completely secure, and we cannot guarantee absolute security.
You understand and agree that the Purchased Product may or may not be error-free or function as described in the Service, though we have reason to believe it will be delivered as specified and plan on making all efforts to do so. Any errors may be out of our control to rectify. We do not warrant that the quality of any Purchased Product, information, or other material purchased or obtained by You will meet Your expectations, or that any errors in the Purchased Product, information, or materials on the Service will be corrected.
You will receive a confirmation email (“Confirmation Email”) from us on the date of Your completed purchase (“Date of Purchase”) that confirms Your Purchased Product.
We reserve the right, at our sole discretion, to limit or cancel the sale of a Purchased Product, including, without limitation, the refusal to provide access to or deliver any Purchased Product offered by the Service. In any of these circumstances, we will refund all, or the applicable portion, of the payment made.
If we change or cancel an order, we may attempt to notify You by contacting the e-mail and/or billing address/phone number provided at the point of sale of the Purchased Product.
Additional terms and conditions may also apply to features of a specific Product. All such additional terms and conditions are hereby incorporated by this reference into these Terms.
B. Material Modifications & Discontinuance of Products and Purchased Products. We reserve the right, at our sole discretion, to materially modify or discontinue a Product or Purchased Product, or any part or content thereof. The following terms apply to any such modification or discontinuance:
Subscription Service Pricing. For commercial changes to the pricing, billing frequency, or renewal terms of a Subscription Service, see Section VI.C.4 through Section VI.C.6.
Products. For Products that You have not yet purchased, we may modify descriptions, pricing, features, or discontinue availability at any time without prior notice and at our sole discretion. We shall not be liable to You or to any third party for any such modification, price change, or discontinuance of a Product that You have not purchased.
Non-Subscription Purchased Products. Access to a non-subscription Purchased Product (such as a course, blueprint, or worksheet) is available for as long as it is offered by the Service. If we materially modify (collectively, “Materially Modify”, “Material Modification” or “Material Modifications”) or discontinue a non-subscription Purchased Product after Your Date of Purchase, we will provide You with no fewer than thirty (30) days' advance electronic notice before the modification or discontinuance takes effect. During the notice period, You will retain full access to the non-subscription Purchased Product in its then-current form. "Materially Modify" means a change that substantially diminishes the scope, nature, or quality of the Purchased Product relative to its description at the time of purchase; it does not include minor updates, corrections, formatting changes, or improvements to the Purchased Product. Discontinuance of a non-subscription Purchased Product after the thirty (30) day notice period does not give rise to a right to a refund.
Subscription Service Purchased Products. If we discontinue or Materially Modify a Purchased Product that is a Subscription Service (“Purchased Subscription Service”) during an active subscription term, we will provide You with no fewer than thirty (30) days' advance electronic notice before the modification or discontinuance takes effect. During the notice period, You will retain full access to the Subscription Service in its then-current form.
a. Discontinuance of Annual Subscription Service. For a Subscription Service purchased on an annual basis, if the Purchased Subscription Service is discontinued before the end of the then-current annual subscription term, You will receive a pro-rata refund of prepaid fees calculated from the effective date of the discontinuance through the end of the then-current annual subscription term. The refund will be issued to Your original payment method within thirty (30) days of the effective date of the discontinuance. No cancellation request is required to receive this refund.
b. Materially Modified Annual Subscription Service. For a Subscription Service purchased on an annual basis that is Materially Modified but not discontinued, You may cancel the Purchased Subscription Service within thirty (30) days of the effective date of the modification in accordance with Section VI.D and receive a pro-rata refund of prepaid fees calculated from the date of Your cancellation through the end of the then-current annual subscription term. If You do not cancel within this thirty (30) day period, Your continued use of the Purchased Subscription Service constitutes acceptance of the modified version, and no refund will be due.
c. Discontinuance of Monthly Subscription Service. For a Subscription Service purchased on a monthlybasis, we will provide no fewer than thirty (30) days' advance electronic notice of the discontinuance. The Purchased Subscription Service will automatically cancel at the end of the monthly billing period that immediately precedes the effective date of the discontinuance, and no further charges will be applied. No action is required on Your part to effectuate this cancellation, though You may also cancel at any time in accordance with Section VI.D. Monthly Purchased Subscription Services are not eligible for pro-rata refunds under this Section, consistent with the Refund Policy set forth in Section VI.E.
d. Material Modification of Monthly Subscription Service. For Subscription Services purchased on a monthly basis that are Materially Modified but not discontinued, the thirty (30) day advance electronic notice constitutes Your remedy. You may cancel the Subscription Service prior to Your next billing date in accordance with Section VI.D, and no further charges will be applied. If You do not cancel before Your next billing date, Your continued use of the Subscription Service constitutes acceptance of the Materially Modified version. Monthly Subscription Services are not eligible for pro-rata refunds under this Section, consistent with the Refund Policy set forth in Section VI.E.
5. Changes That Do Not Constitute a Material Modification. We may modify any Product or Purchased Product at any time without prior notice where such modification does not constitute a Material Modification as defined in this Section VI.B.3, including, without limitation, updates, corrections, formatting changes, user interface improvements, and minor content additions or adjustments. We shall not be liable to You or to any third party for any such modification, and modifications that do not constitute a Material Modification do not give rise to a right to a refund or credit under this Section.
C. Additional Terms of Sale for Purchase of Subscription Services. Our Terms of Sale include these additional terms that apply to all purchases of subscription services (each“Subscription Service” or collectively, “Subscription Services”), to which You acknowledge and agree when you make the purchase:
Subscription Services. Certain Products offered by the Service are offered as a Subscription Service, such as our Conscious Woman community membership. Subscription Services are offered to be purchased on an annual or monthly basis.
By signing up for Subscription Services offered by the Website, You agree to pay for the Subscription Services selected by You in connection with Your subscription-based Purchased Product from our Website and that we may charge your selected payment method, plus any additional amounts (including any taxes) as may be accrued, in connection with the Subscription Services purchased by You as long as your subscription is active.
By signing up for Subscription Services offered via a third-party platform or in-store app (e.g., Substack, Apple Podcasts, Patreon, etc.), You agree to pay such third-party platform or in-store app for the subscription-based Purchased Product selected by You. Please review such third-party platform or in-store app’s Terms of Service and applicable policies re: sales, auto-renewals, and cancellations. For the applicability of these Terms to Subscription Services purchased through a Jillian Turecki Channel (as defined in Section I.B), see Section I.C.
Automatic Renewal Of Your Subscription Service. By signing up for a Subscription Service from our Website, You acknowledge and agree that Your Subscription Service will be automatically renewed ("Auto-Renewal") at the end of each subscription term (e.g., one month from the date of purchase for monthly subscriptions, or one year from the date of purchase for annual subscriptions) until You cancel the Subscription Service prior to the applicable Auto-Renewal date. You authorize us to charge Your selected payment method for each Auto-Renewal term. The period of each Auto-Renewal term will be the same as Your initial subscription period unless otherwise disclosed to You at the time of purchase. The Auto-Renewal rate will be no more than the rate for the immediately prior subscription period, excluding any promotional or discount pricing, unless we notify You of a pricing change in accordance with Section VI.C.6 below.
Renewal Notices for Annual Subscription Services. For Subscription Services purchased on an annual basis, we will send You electronic notice of the upcoming Auto-Renewal no fewer than thirty (30) days and no more than forty-five (45) days before the date by which You must cancel to avoid Auto-Renewal (the "Cancellation Deadline"). Each renewal notice will clearly and conspicuously disclose: (i) that unless You cancel the Subscription Service before the Cancellation Deadline, Your Subscription Service will automatically renew for an additional term; (ii) the Auto-Renewal rate for the upcoming renewal term; and (iii) the methods by which You may cancel, including by logging into Your account and following the cancellation procedures set forth in Section VI.D below, or by contacting us at support@jillianturecki.com. If we change the Auto-Renewal rate for an upcoming renewal term, the renewal notice will also disclose the new rate. Your continued subscription following such notice and after the Cancellation Deadline constitutes acceptance of the disclosed Auto-Renewal rate.
Notice of & Material Changes to Commercial Terms of a Subscription Service. In addition to the renewal notices described in Section VI.C.5 above, if we make material changes to the commercial terms (collectively, “Material Commercial Change” or “Material Commercial Changes”) of a Subscription Service (such as pricing, billing frequency, or renewal terms), other than price changes already disclosed in a renewal notice, we will provide You with no fewer than thirty (30) days' advance electronic notice prior to the effective date of such change.
a. "Material Commercial Change" means a change to the price, billing frequency, or renewal structure of the Subscription Service; it does not include material modifications to the content, features, or functionality of the Subscription Service product itself, which are governed by Section VI.B.4.
b. You Don’t Agree to a Proposed Material Commercial Change. If You do not agree to any proposed Material Commercial Change, You may:
i. Cancel Your Subscription Service before the Material Commercial Change takes effect in accordance with Section VI.D.
ii. For annual Subscription Services, if You cancel within thirty (30) days of the notice, You will receive a pro-rata refund of prepaid fees calculated from the date of Your cancellation through the end of the then-current annual subscription term.
iii. For monthly Subscription Services, You may cancel prior to Your next monthly Auto-Renewal date, and no further charges will be applied.
c. You Agree to a Material Commercial Change. If You do not cancel Your Subscription Service before the effective date in the advance notice provided to you, then Your continued access to the Subscription Service will be deemed consent to the Material Commercial Change, and the Material Commercial Change shall go into effect, including, without limitation, a price change, that will take effect upon the next Auto-Renewal term.
7. Annual Reminder Notice Pursuant to California Auto-Renewal Law (Cal. Bus. & Prof. Code §§ 17600-17606). For all active Subscription Services purchased on an annual basis, the pre-renewal notice provided under Section VI.C.5 satisfies the annual reminder requirement. For all active Subscription Services purchased on a monthly basis, we will send You an annual electronic notice disclosing: (i) the product or service to which the Subscription Service relates; (ii) the frequency and amount of charges; and (iii) the methods by which You may cancel, including by logging into Your account and following the cancellation procedures set forth in Section VI.D below, or by contacting us at support@jillianturecki.com. The annual reminder will be sent no less frequently than once per calendar year to all active monthly Subscription Service subscribers.
D. Cancellation of Purchased Subscription Services.
Cancelling. You may cancel Your Purchased Subscription Service on our Website at any time by:
a. Logging into Your account;
b. Clicking on “Account Settings”;
c. Clicking on "Plans";
d. Clicking on the three dots menu (“…”) next to “Your Current Plan”; and
e. Clicking on “Cancel.”
f. You may also click this link for instructions.
The Purchased Subscription Service set up with us shall remain active through the end date of the term of the subscription but shall not Auto-Renew thereafter. You will receive an email from us confirming Your cancellation of the Purchased Subscription Service.
2. Third Party Subscription Services. If the subscription service-based product was purchased through a third-party platform or an in-app purchase (e.g., Substack, Patreon, Apple Podcast, etc.), we cannot cancel the subscription, and You must cancel the renewal of your subscription directly with the applicable third-party platform or in-app store in accord with their Terms of Service and cancellation policies.
3. Refunds. Cancellation of a Subscription Service does not, by itself, entitle You to a refund. Refund eligibility is governed exclusively by Section VI.E (Refund Policy), Section VI.B. (Material Modification or Discontinuance of Products & Purchased Products), and Section VI.C.6 (Notice of & Material Changes to Subscription Commercial Terms).
E. Refund of Cancelled Subscription Services.
Non-Subscription Purchased Products. Non-subscription Purchased Products (such as courses, blueprints, and worksheets) do not qualify for refunds because such Products are self-study and immediately available after completion of purchase.
Annual Subscription Services. Subscription Services purchased on an annual basis from our Website may receive a full refund if cancelled within fourteen (14) calendar days of the purchase date. Please request a full refund by filling out the refund form provided to You by the Membership Policies at https://www.jillianturecki.com/membership-policies. Refunding Your Subscription Service prevents Your payment method from being charged in the future. Your access to the Subscription Service content will be removed fourteen (14) calendar days after Your purchase date. Refunds, in full or prorated, are not available for annual Subscription Services that have been active for more than fourteen (14) calendar days from the purchase date. Annual Subscription Services that are not eligible for a refund may still be cancelled prior to the next Auto-Renewal term as set forth in this Section VI.
Monthly Subscription Services. Subscription Services purchased on a monthly basis will not be refunded, in full or prorated. Monthly Subscription Services may still be cancelled prior to the next Auto-Renewal term as set forth in this Section VI.
Subscription Services via Third-Party Platforms. Subscription Services for premium products (such as the premium newsletter or premium podcast) that are purchased through a third-party platform or in-app store (e.g., Substack, Patreon, Apple Podcasts, etc.) must be cancelled in accordance with the terms of the applicable third-party platform provider or in-app store.
Pro-Rata Refund Rights. The refund rights set forth in this Section VI.E are in addition to, and do not limit, any pro-rata refund rights arising under Section VI.B(Material Modification or discontinuance of Purchased Products) or Section VI.C.6 (Material Changes to Subscription Commercial Terms) with respect to Subscription Services active at the time of such modification, discontinuance, or change.
Modification of Refund Policy. We reserve the right to modify this Refund Policy at any time, provided that any modification will not reduce or eliminate the pro-rata refund rights set forth in Section VI.B or Section VI.C.6 with respect to Subscription Services that are active at the time of the modification.
VII. Your Access to Purchased Products & Subscription Services.
This Section VII sets forth the terms governing Your access to Purchased Products and Subscription Services obtained through the Service. The provisions of this Section VII operate in conjunction with, and are subject to, the Terms of Sale set forth in Section VI, the modification and discontinuance provisions of Section VI.B, the Auto-Renewal and Material Change provisions of Section VI.C, the cancellation procedures of Section VI.D, and the Refund Policy of Section VI.E. Capitalized terms used but not defined in this Section VII shall have the meanings ascribed to them in Section VI.
Subscription Services purchased through a third-party platform or in-app store that constitutes a Jillian Turecki Channel are subject to both the provisions of this Section VII.E and the applicable provisions of these Terms as set forth in Section I.C.
A. Terms of Access. All Purchased Products, including non-subscription products (such as courses, blueprints, and worksheets) and Subscription Services (such as the digital community membership, premium newsletter, and premium podcast), are governed by these terms of access (collectively, "Terms of Access"), to which You acknowledge and agree when You make Your purchase.
B. The Terms of Access set forth in this Section VII apply in addition to, and shall be read together with, the Terms of Sale set forth in Section VI, and in the event of any conflict between the Terms of Access and the Terms of Sale with respect to the timing, scope, or duration of access to a Purchased Product or Subscription Service, the Terms of Sale shall control.
C. Access to Non-Subscription Purchased Products. Access to a non-subscription Purchased Product (such as a course, blueprint, or worksheet) is available from the Website upon completion of purchase.
Access to Your non-subscription Purchased Product shall commence from the Date of Purchase and upon creation of Your registered account, or, if You did not create a registered account, from the date of the Confirmation Email sent to You.
You will have access to the non-subscription Purchased Product for as long as the Purchased Product is offered by the Service, subject to the terms of Section VI.B, including the modification and discontinuance provisions, the thirty (30) days' advance electronic notice requirement applicable to Material Modification or discontinuance of a non-subscription Purchased Product set forth in Section VI.B.3, and the provisions of Section VI.B.5 regarding changes that do not constitute a Material Modification.
D. Access to Purchased Subscription Services. A Purchased Subscription Service (such as the digital community membership, including the "Conscious Woman" membership) may be accessed upon creation of Your registered account.
You will have access to the content, materials, and services included with the Purchased Subscription Service for as long as the Subscription Service is offered by the Service and the term of Your Purchased Subscription Service remains active, including any Auto-Renewal terms for which You have not cancelled in accordance with Section VI.D.
In addition to this Section VII, all provisions of Section VI apply to Your Purchased Subscription Service, including, without limitation: the Terms of Sale set forth in Section VI.A; the modification and discontinuance provisions and associated pro-rata refund mechanics set forth in Section VI.B; the Subscription Service-specific terms set forth in Section VI.C, including the Auto-Renewal provisions in Section VI.C.4, the renewal notice requirements in Section VI.C.5, the notice of Material Changes to subscription commercial terms in Section VI.C.6; the cancellation procedures set forth in Section VI.D; and the Refund Policy set forth in Section VI.E.
Upon cancellation of Your Purchased Subscription Service in accordance with Section VI.D, or upon non-renewal at the end of the then-current subscription term, Your access to the Subscription Service and to all content, materials, and services included therewith will terminate at the end of the then-current subscription term, except as otherwise expressly provided in Section VI.B or Section VI.D.
E. Subscription Services Purchased Via Third-Party Platform. Subscription Services purchased through a third-party platform or in-app store that constitute a Jillian Turecki Channel (as defined in Section I.B) are subject to both the provisions of this Section VII.E and the applicable provisions of these Terms as set forth in Section I.C. Subscription Services for premium products offered by Jillian Turecki Channels (such as the premium newsletter or premium podcast) that are purchased through a third-party platform or in-app store (e.g., Substack, Patreon, Apple Podcasts) are made available to You by, and through the systems of, the applicable third-party platform provider or in-app store.
Access to, management of, and cancellation of any such Subscription Service are governed exclusively by the terms of service, subscription policies, billing policies, and cancellation procedures of the applicable third-party platform provider or in-app store.
You acknowledge and agree that: (i) we do not process payments for, and cannot directly modify, suspend, cancel, or refund, any Subscription Service that You purchase through a third-party platform or in-app store; (ii) any request to cancel the renewal of, or to obtain a refund with respect to, such a Subscription Service must be submitted by You directly to the applicable third-party platform provider or in-app store in accordance with their then-current terms and policies; and (iii) Your access to such Subscription Service, including the duration, scope, and termination thereof, is subject to the terms, conditions, and operational practices of the applicable third-party platform provider or in-app store.
You are solely responsible for reviewing and complying with the applicable third-party platform provider's or in-app store's Terms of Service, privacy policy, and cancellation and refund policies before purchasing any Subscription Service through such platform or store. We shall not be liable to You or to any third party for any act, omission, billing dispute, refund determination, service interruption, or cancellation effected by, or arising from, any third-party platform provider or in-app store.
For the avoidance of doubt, the cancellation procedures set forth in Section VI.D and the Refund Policy set forth in Section VI.E apply only to Subscription Services purchased directly through our Website.
VIII. Free Trial Subscriptions. From time to time, we may offer a free trial subscription for a product or service to be accessed on the Website ("Free Trial"). Each Free Trial is subject to the following terms:
Free Trial Terms. Before You enroll in a Free Trial, we will clearly and conspicuously disclose: (i) the duration of the Free Trial period; (ii) the date on which the Free Trial will end (the "Expiration Date"); and (iii) that the Free Trial will not automatically convert to a paid subscription and no charges will be applied to Your payment method upon expiration of the Free Trial.
Expiration; No Automatic Charges. Your Free Trial will expire on the Expiration Date. We will not charge Your payment method upon expiration of the Free Trial. Access to the Free Trial product or service will end on the Expiration Date unless You separately purchase a Subscription Service.
Purchase of a Subscription Service After Free Trial. Upon or after the Expiration Date of the Free Trial, You may purchase a Subscription Service for the applicable product or service through the Website. Any such purchase will be a new transaction subject to all provisions of Section VI, including the purchase terms in Section VI.A, the Auto-Renewal provisions in Section VI.C.4, the renewal notice obligations in Section VI.C.5, the cancellation procedures in Section VI.D, and the Refund Policy in Section VI.E. At the time of purchase, we will clearly and conspicuously disclose the Subscription Service price, billing frequency, Auto-Renewal terms, and cancellation procedures before obtaining Your billing information, and we will obtain Your express informed consent before processing the charge.
Reminder Notice. We will send You an email reminder no fewer than three (3) days before the Expiration Date notifying You that (i) Your Free Trial is ending, (ii) no charges will be applied automatically, and (iii) how to purchase a Subscription Service if You wish to continue access.
XI. Your Purchase of Physical Goods. We may, from time to time, market, promote, and advertise physical goods (individually, “Physical Good” or collectively, “Physical Goods”) on the Service or any Jillian Turecki Channel. These Physical Goods are available to be purchased via third-party links from authorized third-party retailers/distributors and all terms of sale, including, without limitation shipping, refunds, and exchanges, are solely governed by the terms of sale of such authorized third-party retailers/distributors. We shall not be responsible for Your purchase of a Physical Good, including, without limitation, the availability of, shipping, and/or refund, from any third party.
X. Jillian Turecki Content, Ownership, And Your Limited Authorized Use.
A. Content. The Service may include: designs, text, graphics, images, video, information, logos, button icons, software, audio and/or video recordings, audio and/or video files, multimedia files, pdf files, computer code, digital downloads, and other current or future materials offered or provided by the Service or any Jillian Turecki Channel (collectively, “Content”). All Content and the compilation (meaning the collection, arrangement, and assembly) of all Content are the property of Jillian Turecki, or Jillian Turecki’s licensors, and are protected under copyright, trademark, patent, and other applicable laws or treaties. Unauthorized use of the Content may violate copyright, trademark, and applicable communications regulations and statutes and is strictly prohibited. You must preserve all copyright, trademarks, service marks, and other proprietary notices contained in the original Content on any copy that You make of the Content for Your personal use pursuant to the license granted by this Agreement.
B. Jillian Turecki Marks. Any trademarks or service marks (whether registered or not), graphics, logos, page headers, icons, scripts, and trade names (each, a “Mark“ and collectively, “Marks”) contained in the Service or any Jillian Turecki Channel are proprietary to Jillian Turecki or Jillian Turecki’s licensors. Jillian Turecki’s Marks may not be used in connection with any product or service that is not authorized by Jillian Turecki, nor in any manner that is likely to cause confusion among users or that disparages or discredits Jillian Turecki or anyone else. All other Marks not owned by Jillian Turecki that appear on the Service are the property of Jillian Turecki’s licensors or other third parties who may or may not be affiliated with, connected to, or sponsored by Jillian Turecki.
C. Grant Of Limited License. Jillian Turecki grants You a limited license to access and make personal use of the Service, or Content, whether accessed through the Service or any Jillian Turecki Channel, Purchased Product, provided that the Service, Content, Purchased Products, or any other online site or channel owned, licensed, or controlled by Jillian Turecki shall not be copied, displayed, distributed, downloaded, posted, reproduced, republished, (other than page caching) sold, resold, transmitted, uploaded, or otherwise exploited for any commercial purpose.
The license granted to You permits You to download the Content or Purchased Product made available to You for Your personal, non-commercial use only, provided that You: (i) keep intact all copyright, trademark and other proprietary rights notices; (ii) do not modify any of the Content or the Purchased Product; (iii) do not use any Content for a commercial use or purpose, including derivative works or ancillary products thereof, or in a manner that suggests an endorsement by or commercial association with the Service, including, without limitation, a featured product or merchandise, or Jillian Turecki. Your use of the Content in any manner inconsistent with the license granted here is strictly prohibited.
The license granted to You does not permit, and specifically excludes, any rights to: (i) resell or make any commercial use of the Service or the Content, including derivative works or ancillary products thereof; (ii) collect and use any product listings, descriptions, or prices; (iii) download or copy account information for the benefit of anyone else; or (iv) use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose the Content, in whole or in part, or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without Jillian Turecki’s, and each applicable owner’s, express written consent. Any unauthorized use automatically terminates the license granted to You hereunder.
XI. User Contributions, User Contribution License, and User Warranties.
A. Permissible User Contribution. We appreciate hearing from Users of the Service. The Service allows Users to post, submit, publish, display, or transmit to other Users or other persons (collectively, “Post”, “Posts”, “Posted”) comments, questions, or other information (collectively, “User Contribution”) on the Service or any Jillian Turecki Channel (e.g. an online Course discussion, a community forum, or a chat community hosted on a Jillian Turecki Channel) provided, however, that the User Contribution is not illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam” (collectively “Permissible”). Users may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any User Contribution.
B. Right To Monitor User Contributions. Jillian Turecki has the right (but no obligation) to monitor, edit or remove any activity or User Contribution involving or Posted by You or any User without notice. We have no responsibility, and assume no liability, for any User Contribution Posted by You or any User.
C. No Confidentiality or Fiduciary Duty. User Contributions, when Posted, are not confidential. Jillian Turecki is not subject to any obligation of confidentiality, fiduciary duty, and will not be liable for any use or disclosure of any User Contribution.
D. User Contribution Content License. When You Post or send to Jillian Turecki Permissible User Contributions, including, without limitation, creative ideas, suggestions on how to improve or enhance the Service, inventions or materials, whether intentionally or unintentionally, You acknowledge and agree to the following:
User Contribution License. You hereby grant to Jillian Turecki a worldwide, non-exclusive, irrevocable, perpetual, royalty-free, sub-licensable, transferable, universal and unlimited license to use the User Contribution, whether text or oral, in any manner whatsoever to use, including, without limitation, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform the User Contribution submitted by You, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes, including, without limitation, derivative works or ancillary products, without any compensation or further notice to You and with or without attribution (the “User Contribution License“). You agree to the User Contribution License regardless of whether or not Your User Contribution is used by Jillian Turecki.
Permissible Use. You warrant and represent that User Contribution Posted by You complies with our standards of Permissible User Contribution (listed above).
Warranty of No Harm. You warrant and represent that User Contribution does not violate the right, title and interest of any third party, including, without limitation, intellectual property, proprietary or moral rights, and the User Contribution is not illegal, obscene, threatening, defamatory, invasive of privacy or is otherwise injurious to third parties and does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.”
General Warranties. You represent and warrant that You are legally authorized to provide Jillian Turecki the User Contribution; that all such User Contribution is accurate; and its use does not violate these Terms or Jillian Turecki’s Privacy Policy.
You Indemnify Third-Party Claims Related to User Contribution Provided By You. You warrant and agree that You will indemnify, defend, and hold harmless the Released Parties (as defined in Section XVII.B) from and against all Disputes (as defined in Section XVIII.A), claims (whether matured or unmatured), or causes of action arising out of, resulting from, or relating to any such User Contribution provided by You or breach of the warranties provided by You under this Section XI. For the avoidance of doubt, any such Dispute, claim (whether matured or unmatured), or causes of action arising under this Section XI. constitutes a Third-Party Claim as defined in, and subject to, Section XVII.G (Indemnification).
Moral Rights. To the extent that any so-called “moral rights,” “neighbouring rights,” or similar or analogous rights apply to any User Contribution, and which are not exclusively owned by Jillian Turecki, You agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Your Ratification of License and Warranties. Each time that You access the Service, or post, or submit a User Contribution, You agree that the User Contribution License is ratified and confirmed with respect to such User Contribution and all User Contribution previously Posted or submitted to Jillian Turecki by You. Please do not send Jillian Turecki any information or User Contribution that You do not intend to be subject to the User Contribution License described in this Section XI.D.
XII. Jillian Turecki’s Monitoring, Enforcement; Removal of User Contributions.
A. Jillian Turecki’s Rights Re: User Contributions. Jillian Turecki has the right to undertake the following actions in regard to all User Contributions Posted on or through the Service or any Jillian Turecki Channel:
Remove or refuse to post any User Contribution for any or no reason in our sole discretion and without notice to You or any User.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates these Terms, is not Permissible User Contribution, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of Users of the Service or the public, or could create liability for Jillian Turecki.
Disclose Your identity or other information about You to any third party who claims that material posted by You violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including, without limitation, disclose information to a third party if compelled by subpoena or referral to law enforcement for any illegal or unauthorized use of the Service.
Terminate or suspend Your access to all or part of the Service for any or no reason, including, without limitation, any violation of these Terms.
Without limiting the foregoing, Jillian Turecki has the right to cooperate fully with any law enforcement authorities or court order requesting or directing Jillian Turecki to disclose the identity of any person or User utilizing the Service or provide the information of any person or User provided to or Posted on or through the Service or any Jillian Turecki Channel, including, without limitation, User Contribution. YOU WAIVE AND HOLD HARMLESS THE RELEASED PARTIES (AS DEFINED IN SECTION XVII.B) FROM ANY DISPUTES (AS DEFINED IN SECTION XVIII.A), CLAIMS (WHETHER MATURED OR UNMATURED), AND CAUSES OF ACTION RESULTING FROM ANY ACTION TAKEN BY JILLIAN TURECKI DURING, TAKEN AS A CONSEQUENCE OF, OR INVESTIGATIONS BY EITHER JILLIAN TURECKI OR LAW ENFORCEMENT AUTHORITIES. THE FOREGOING WAIVER IS IN ADDITION TO, AND DOES NOT LIMIT, THE RELEASE FROM LIABILITY AND INDEMNIFICATION PROVISIONS SET FORTH IN SECTION XVII.
Jillian Turecki does not undertake to review any or all User Contributions Posted on the Service or any Jillian Turecki Channel and cannot ensure prompt removal of objectionable material after it has been Posted. Accordingly, Jillian Turecki assumes no liability for any action or inaction regarding transmissions, communications, information, or User Contribution provided by any person, User, or third party. We have no liability or responsibility to any person, entity, or other organization for performance or non-performance of the activities described in this Section XII.
XIII. Copyright Infringement Policy.
A. Our Policy re: Alleged Copyright Infringement. Jillian Turecki supports the protection of intellectual property and expects all Users of the Service to comply with the applicable copyright laws of each User’s country. It is our policy to expeditiously respond to clear notices of alleged copyright infringement that comply with the United States Digital Millennium Copyright Act (“DMCA”), the text of which can be found at the U.S. Copyright Office website: https://www.copyright.gov/dmca/
B. How to Contact Us. If You think that materials uploaded to, posted on, or displayed through the Service or any Jillian Turecki Channel infringe any of Your copyrights, You may contact our designated agent at:
Jillian Turecki, LLC, support@jillianturecki.com. For content hosted on a Jillian Turecki Channel, You may also submit a notice of claimed infringement directly to the applicable third-party platform in accordance with that platform's own copyright infringement or takedown procedures. Jillian Turecki's ability to remove or disable access to content on a Jillian Turecki Channel is subject to the functionality and policies of the applicable third-party platform.
C. What to Include in a Notice of Copyright Infringement. Any notice that alleges materials hosted by or distributed through the Service infringes intellectual property rights must include:
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other right that is alleged to be infringed;
A description of the copyrighted work or other intellectual property that You claim has been infringed;
A description of the material that You claim is infringing and where it is located on the Service;
Your address, telephone number, and email address;
A statement from You that You have a good faith belief that the use of the materials on the Service of which You are complaining is not authorized by the copyright owner, its agent, or the law; and
A statement by You that the information in Your notice is accurate and that, under penalty of perjury, You are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner’s behalf.
D. Our Response to Notice of Copyright Infringement. If we receive a proper notification of claimed copyright infringement, then our response to such notice may include removing or disabling access to material claimed to be the subject of infringing activity and/or terminating the User’s account. We will take reasonable steps to promptly notify You if we remove or disable access to Your content in response to a notification of claimed infringement. We will terminate (without notice) the accounts of Users that we finds are “repeat infringers,” which is a User who has been notified of infringing activity more than twice or has had infringing User Contribution removed from the Service more than twice.
E. Advice of Legal Counsel. If You are not sure if copyright laws protect the material, we suggest that You first contact an appropriately licensed attorney to assist You.
F. Counter-Notification Procedure, Restoring Removed Content. If You are a User whose User Contribution or other content has been removed from the Service, or to which access has been disabled, as a result of a notification of claimed copyright infringement submitted to us under Section XIII.C above, and You believe in good faith that the material was removed or disabled as a result of mistake or misidentification, You may submit a counter-notification to our designated agent requesting that the material be restored. A counter-notification must be a written communication provided to our designated agent at the address set forth in Section XIII.B (Jillian Turecki, LLC, support@jillianturecki.com) and must include substantially the following:
Your physical or electronic signature.
Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared on the Service before it was removed or access to it was disabled.
Please describe the material in sufficient detail to permit us to locate it, including, if applicable, the URL or other location identifier where the material previously appeared.
A statement, made under penalty of perjury, that You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled.
Your name, address, and telephone number, and a statement that You consent to the jurisdiction of the Federal District Court for the judicial district in which Your address is located (or, if Your address is outside of the United States, for any judicial district in which Jillian Turecki may be found), and that You will accept service of process from the person who provided the original notification of claimed infringement under Section XIII.C, or an agent of such person.
G. Our Response to a Counter-Notification. Upon receipt of a counter-notification that substantially complies with the requirements of Section XIII.F above, we will take the following steps in accordance with 17 U.S.C. § 512(g):
We will promptly provide the person who submitted the original notification of claimed infringement with a copy of the counter-notification and inform that person that we will restore the removed material or cease disabling access to it in ten (10) business days.
We will restore the removed material or cease disabling access to it not less than ten (10) and not more than fourteen (14) business days following our receipt of the counter-notification, unless our designated agent first receives notice from the person who submitted the original notification that such person has filed an action in a court of competent jurisdiction seeking a court order to restrain You from engaging in infringing activity relating to the material on the Service.
If we receive notice that the original complainant has filed such a court action within the ten (10) business day period, we will not restore the removed material, and the material will remain disabled pending the outcome of the court proceeding or until we receive further direction from the court or the parties.
H. Warning Regarding Misrepresentation. Under 17 U.S.C. § 512(f), any person who knowingly materially misrepresents that material or activity was removed or disabled by mistake or misidentification may be liable for damages, including costs and attorneys' fees, incurred by the copyright owner, the copyright owner's authorized licensee, or Jillian Turecki, as a result of our reliance on such misrepresentation in replacing the removed material or ceasing to disable access to it. You should not submit a counter-notification unless You have a good faith belief that the material was removed or disabled as a result of mistake or misidentification. We suggest that You consult an appropriately licensed attorney before submitting a counter-notification.
XIV. Your Limitations, Obligations, And Prohibitions.
A. You agree to use the Service and any Jillian Turecki Channel solely as intended through the provided functionality and as permitted under these Terms. You must use the Service in compliance with all privacy, data protection, intellectual property, and other applicable laws. In addition, You must comply with the following:
Unless expressly permitted in these Terms, You agree not to copy, reproduce, distribute, publish, display, perform, transmit, stream or broadcast any part of the Service or Jillian Turecki Channel without our prior express written authorization.
You agree not to bypass, circumvent, damage or otherwise interfere with any security or other features of the Service or any Jillian Turecki Channel designed to control the manner in which the Service, any Jillian Turecki Channel, or Content from the Service or any Jillian Turecki Channel, is used, harvested or mined, or otherwise access or use the Service in a manner inconsistent with individual human usage.
You agree not to undertake, cause, permit or authorize the translation, reverse engineering, disassembling or hacking of any aspect of the Service or any Jillian Turecki Channel, including any of our Content available on or through the Service or any Jillian Turecki Channel.
You agree that You shall not use, display, distribute, duplicate, edit, modify, reproduce, publish, stream or transmit, or otherwise exploit the Service or any Jillian Turecki Channel, or Content from the Service or any Jillian Turecki Channel for any commercial purpose, whether for Your own benefit or that of a third party, without our express consent that shall include an executed license agreement with Jillian Turecki.
You agree not to use, display, mirror, frame or utilize framing techniques to enclose the Service or any Jillian Turecki Channel, including any of our Content available on or through the Service or any Jillian Turecki Channel.
B. You agree not to provide any false personal information to us or create a false identity or impersonate another person or entity in any way.
C. You agree not to create a new account on the Service without our prior express written consent, if we have previously discontinued Your use or account to the Service.
D. You agree not to gain unauthorized access to the Service or any Jillian Turecki Channel, to other Users’ accounts, names or personally identifiable information, or to other computers or websites connected or linked to the Service or any Jillian Turecki Channel.
E. You agree not to post, transmit or otherwise make available any virus, worm, spyware or any other computer code, file or program that may or is intended to disable, overburden, impair, damage or hijack the operation of any hardware, software or telecommunications equipment, or any other aspect of the Service or communications equipment and computers connected to the Service.
F. You agree not to interfere with or disrupt the Service, or networks or servers connected to the Service, or violate the regulations, policies or procedures of such networks or servers.
G. You agree not to violate any applicable federal, state or local laws or regulations or these Terms.
H. You agree not to use the Service, any Jillian Turecki Channel, or Content from the Service or any Jillian Turecki Channel, to build a competitive product or service.
I. You agree not to use the Service, any Jillian Turecki Channel, or Content from the Service or any Jillian Turecki Channel, for Your own or another’s commercial use or economic gain.
J. You agree not to permit or assist any persons engaging in any of the activities described above.
K. A breach of these restrictions may subject You to prosecution and damages, as well as liability for infringement of intellectual property rights.
XV. Consequences Of Violating These Terms.
A. If You do not accept and/or comply with these Terms, we may prohibit Your use of the Service or any Jillian Turecki Channel. We reserve the right to suspend or terminate Your account and prevent You from accessing the Service or any Jillian Turecki Channel for any reason, at our sole discretion.
B. We reserve the right to refuse to provide the Service or access to any Jillian Turecki Channel to You in the future.
C. You are responsible for any claims, fees, fines, penalties, and other liability incurred by You or by others caused by or arising out of Your breach of these Terms and/or Your Use of the Service or any Jillian Turecki Channel.
D. Suspension Of Service. We may change, suspend, or discontinue any aspect of the Service or any Jillian Turecki Channel at any time, including hours of operation or availability of the Service or any Jillian Turecki Channel, without notice or liability to You except as expressly provided in Section VI.B (Material Modification and Discontinuance of Products and Purchased Products), Section VI.C (Additional Terms of Sale for Subscription Services), and Section XX (Changes to These Terms).
XVI. Third-Party Links and Sites
A. Third-Party Links and Sites. The Service may include links to third-party content, including external websites, applications, platforms, and services owned or controlled by third parties (individually, “Third-Party Site,” or collectively, "Third-Party Sites"), such as social media platforms, podcast platforms, payment processors, news service providers, and other online services.
Third-Party Sites do not include Jillian Turecki Channels (as defined in Section I.B), even where a Jillian Turecki Channel is hosted on or delivered through a third-party platform.For the avoidance of doubt, when You access a Jillian Turecki Channel, You are accessing content owned or controlled by Jillian Turecki that is hosted on or delivered through a third-party platform. While the third-party platform's own terms of service, privacy policy, and operational practices govern Your use of that platform, the provisions of these Terms identified in Section I.C apply to Your interaction with Jillian Turecki's content, products, and services on that Jillian Turecki Channel.
When You follow a link to a Third-Party Site, You leave the Service and enter a site that is not owned or controlled by Jillian Turecki. You are responsible for evaluating whether You want to access or use any Third-Party Site. We are not responsible for, and do not endorse, any features, content, advertising, products, services, privacy practices, data collection, terms of service, or other materials on or associated with any Third-Party Site. Third-Party Sites may collect data from You, use cookies or other tracking technologies, and process Your personal information in accordance with their own privacy policies, which may differ from our Privacy Policy. We encourage You to review the terms of service and privacy policy of any Third-Party Site before providing any personal information or engaging in any transaction on such site. You assume all risk and we disclaim all liability arising from Your access to or use of any Third-Party Site, including any loss, damage, or harm resulting from the content, products, services, privacy practices, or data handling of any Third-Party Site.
B. Third-Party Disputes. We are not responsible or liable for any disputes or disagreements between You and any Third-Party Site in connection with Your use of the Service. You assume all risks associated with dealing with these Third-Party Sites, and You release Jillian Turecki of all claims, demands, and damages in connection with these disputes. You also agree to resolve disputes directly with these Third-Party Sites and not to involve us in these disputes.
XVII. Disclaimers, Limitation of Liability, Release, Indemnification.
A. Disclaimer of Use of The Service or Jillian Turecki Channels. You use the Service, the Content, or the Jillian Turecki Channels at Your own risk. We make no warranties or guarantee about the accuracy, reliability, completeness, or timeliness of the Service, the Content, any Jillian Turecki Channel, data from third-party service providers, or the quality or nature of third-party products or services obtained or accessed through the Service or any Jillian Turecki Channel. For additional disclaimers regarding Third-Party Sites accessible through links on the Service, see Section XVI.A.
B. Definition of Released Parties. “Released Parties” shall mean Jillian Turecki, its members, managers, officers, employees, independent contractors, agents, affiliates, licensors, licensees, partners, including, without limitation, its coaches, facilitators, guests, participants, and third-party service providers, and successors and assigns.
C. Disclaimer of Warranties. YOU EXPRESSLY UNDERSTAND AND AGREE THAT: (A) YOUR USE OF THE SERVICE, THE CONTENT, OR ANY JILLIAN TURECKI CHANNEL IS AT YOUR SOLE RISK, AND THE SERVICE, THE CONTENT, AND ANY JILLIAN TURECKI CHANNEL IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND THE RELEASED PARTIES EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT; (B) THE RELEASED PARTIES MAKE NO WARRANTY THAT (i) THE SERVICE, THE CONTENT, OR ANY JILLIAN TURECKI CHANNEL WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE, THE CONTENT, OR ANY JILLIAN TURECKI CHANNEL WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE, THE CONTENT, OR ANY JILLIAN TURECKI CHANNEL WILL BE ACCURATE OR RELIABLE, AND (iv) ANY ERRORS IN THE SERVICE, THE CONTENT, OR ANY JILLIAN TURECKI CHANNEL WILL BE CORRECTED; AND (C) ANY CONTENT OR OTHER MATERIAL THAT YOU DOWNLOAD OR OTHERWISE ACCESS ON OR THROUGH THE SERVICE OR ANY JILLIAN TURECKI CHANNEL IS DOWNLOADED OR ACCESSED AT YOUR SOLE DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE OR OTHER DEVICE OR THE LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR ACCESSING ANY SUCH MATERIAL.
D. Disclaimer of Specific Results. We make no promises and disclaim all liability of specific results from Your use of the Service, the Content, or any Jillian Turecki Channel, including, without limitation, any results featured, depicted in, or suggested by “Testimonials” (defined below in Section XVII.D.1) published on or through the Service or the Jillian Turecki Channels.
The Service and the Jillian Turecki Channels may feature testimonials, endorsements, success stories, or Jillian Turecki experiences (collectively, "Testimonials"). Testimonials reflect the individual experiences of the persons who provided them. Individual results vary and depend on numerous factors, including but not limited to the individual's circumstances, effort, and consistency.
Jillian Turecki does not represent, warrant, or guarantee that any user will achieve the same or similar results. You acknowledge and agree that (i) Testimonials published on or through the Service or any Jillian Turecki Channel are not representations of outcomes that You should expect; (ii) You assume all risk associated with any reliance on Testimonials; and (iii) the limitation of liability and release from liability provisions set forth in Section XVII.F apply to any Disputes (as defined in Section XVIII.A), claims (whether matured or unmatured), or causes of action, arising from Your reliance on Testimonials published on or through the Service or any Jillian Turecki Channel.
E. Disclaimer of Liability. We are not liable for anything that happens to You that somehow may be connected to Your use of the Service, the Content, or any Jillian Turecki Channel. If You use the Service, the Content, or any Jillian Turecki Channel in a way that causes the Released Parties to be included in litigation, You agree to indemnify the Released Parties as set forth below.
F. Release from Liability. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE RELEASED PARTIES WILL NOT BE LIABLE TO YOU FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE,OR EXEMPLARY DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF USE, LOST BUSINESS, REVENUE, PROFITS, OR GOODWILL, RESULTING FROM: (i) YOUR USE OR INABILITY TO USE THE SERVICE, THE CONTENT, OR ANY JILLIAN TURECKI CHANNEL, INCLUDING, WITHOUT LIMITATION, ANY RELIANCE ON TESTIMONIALS (AS DEFINED IN SECTION XVII.D) PUBLISHED ON OR THROUGH THE SERVICE OR ANY JILLIAN TURECKI CHANNEL; (ii) ANY OTHER MATTER RELATING TO THE SERVICE, THE CONTENT, OR ANY JILLIAN TURECKI CHANNEL REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, INDEMNITY, WARRANTY, STRICT LIABILITY, OR OTHERWISE), EVEN IF THE RELEASED PARTIES KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
THE FOREGOING LIMITATIONS APPLY TO ALL DISPUTES (AS DEFINED IN SECTION XVIII.A), CLAIMS (WHETHER MATURED OR UNMATURED), OR CAUSES OF ACTION ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE, THE CONTENT, OR ANY JILLIAN TURECKI CHANNEL, INCLUDING, WITHOUT LIMITATION, DISPUTES, CLAIMS (WHETHER MATURED OR UNMATURED) AND CAUSES OF ACTION (I) ARISING FROM OR RELATED TO THE INFORMATIONAL NATURE OF THE SERVICE, THE CONTENT, OR JILLIAN TURECKI CHANNELS AND THE DISCLAIMERS SET FORTH IN SECTION III, (II) ARISING FROM YOUR RELIANCE ON TESTIMONIALS AS SET FORTH IN SECTION XVII.D, AND (III) BASED ON YOUR USE OF OR RELIANCE ON THE SERVICE, THE CONTENT, OR ANY JILLIAN TURECKI CHANNEL.
TO THE EXTENT THAT APPLICABLE LAW IN ANY JURISDICTION DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF IMPLIED WARRANTIES, THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR CERTAIN OTHER DAMAGES, OR THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH IN THIS SECTION XVII, SOME OR ALL OF THE FOREGOING LIMITATIONS, EXCLUSIONS, OR DISCLAIMERS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS UNDER APPLICABLE LAW. IN SUCH EVENT, THE LIABILITY OF THE RELEASED PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE RELEASED PARTIES' MAXIMUM AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, THE CONTENT, OR ANY JILLIAN TURECKI CHANNEL, OR YOUR USE OF THE SERVICE, THE CONTENT, OR ANY JILLIAN TURECKI CHANNEL, REGARDLESS OF THE NUMBER OF DISPUTES (AS DEFINED IN SECTION XVIII.A), CLAIMS (WHETHER MATURED OR UNMATURED), OR CAUSES OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY, OR OTHERWISE), WILL NOT EXCEED IN THE AGGREGATE THE TOTAL AMOUNT OF FEES PAID BY YOU UNDER THESE TERMS IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE DISPUTE, CLAIM (WHETHER MATURED OR UNMATURED), OR CAUSE OF ACTION.
G. Indemnification. You agree to defend, indemnify, and hold harmless any or all of the Released Parties from and against any third-party disputes, claims (whether matured or unmatured), causes of action, demands, lawsuits, judgments, proceedings, recoveries, fees and costs, including, without limitation, reasonable legal and accounting fees (individually, “Third-Party Claim” and collectively, "Third-Party Claims"), resulting from Your use or reliance on the Service, the Content, any Jillian Turecki Channel, or Testimonials (as defined in Section XVII.D) published on or through the Service or any Jillian Turecki Channel; or Your breach of these Terms. We will provide notice to You promptly of any such Third-Party Claims. Your use of the Service, the Content, or any Jillian Turecki Channel grants the Released Parties the right to participate in any mediation or settlement of such Third-Party Claims with representation of counsel, including counsel of our own, and the right to consent in advance to any settlement agreement and the terms thereof.
Any Dispute (as defined in Section XVIII.A) between You and Jillian Turecki arising from or related to Your indemnification obligations under this Section XVII.G shall be resolved in accordance with Section XVIII, provided, however, that the default fee allocation rule set forth in the first clause ofSection XVIII.G.7 shall not applyto such Dispute, and Jillian Turecki's right to recover reasonable legal fees and costs under this Section XVII.G shall be enforceable in such arbitration or small claims proceeding.
XVIII. Resolution of Disputes: Small Claims Court, Binding Arbitration Agreement.
PLEASE READ THIS SECTION CAREFULLY BECAUSE IT BINDS YOU AND JILLIAN TURECKI TO ARBITRATE CERTAIN CLAIMS AND DISPUTES AND LIMITS THE MANNER IN WHICH WE CAN SEEK RELIEF FROM EACH OTHER. ARBITRATION PRECLUDES YOU AND JILLIAN TURECKI FROM LITIGATING A DISPUTE IN A COURT OF LAW. YOU AND JILLIAN TURECKI AGREE THAT ARBITRATION WILL BE SOLELY ON AN INDIVIDUAL BASIS AND NOT AS A CLASS ARBITRATION, CLASS ACTION, OR ANY OTHER KIND OF REPRESENTATIVE PROCEEDING.
A. You and Jillian Turecki agree that any dispute, claim (whether matured or unmatured), or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation, or validity thereof, or the use of the Service or any Jillian Turecki Channel, including any claims related to privacy or data security (individually, “Dispute” and collectively, “Disputes”) will be settled by binding arbitration under the terms of this arbitration agreement (this “Arbitration Agreement”), except that each party retains the right: (a) to bring an individual action in the small claims court of Miami-Dade County in the state of Florida, the state of formation for Jillian Turecki, LLC and where its principal place of business is located, for Disputes for claims within the applicable jurisdictional limit excluding attorney’s fees and costs, so long as such as small claims action is not removed or appealed to a court of general jurisdiction; and (b) to seek injunctive or other equitable relief in a court of competent jurisdiction, including to prevent the actual or threatened infringement, misappropriation, or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights.
B. You agree that, by entering into this Arbitration Agreement, You and Jillian Turecki are each waiving (i) the right to participate in a class action, class arbitration, or other representational proceeding; (ii) the right to remove or appeal any small claims action to a court of general jurisdiction; and (iii) the right to trial by jury to the fullest extent permitted by applicable law.
C.You agree that this Arbitration Agreement applies to all Disputes, including Disputes based on events or activities that occurred prior to, on, or after the effective date indicated at the top of these Terms (“Effective Date”). For the avoidance of doubt, for Disputes based on events or activities that occurred prior to the Effective Date, this Arbitration Agreement will apply unless You timely opted out of a change to this Arbitration Agreement as set forth in Section XVIII.G.9 below.
D. This Arbitration Agreement shall survive termination of this Agreement.
E. These Terms herein affect interstate commerce, and the enforceability of this Section XVIII will be substantively and procedurally governed by the Federal Arbitration Act, 9 U.S.C. § 1, et seq., to the extent permitted by law.
F. Informal Resolution Prior To Filing A Small Claims Action or Commencing Arbitration. Before either party may commence a small claims action or arbitration, the parties agree to attempt in good faith to resolve the Dispute informally via the following process:
If You assert a Dispute against Jillian Turecki, You will first contact us by sending a written notice of your Dispute by certified registered mail addressed to our mailing address, Jillian Jillian Turecki, LLC, 1022 Boulevard #282, West Hartford, CT 06119 or by email to support@jillianturecki.com. Your notice must (i) include Your name, residence address, email address, and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. If Jillian Turecki asserts a Dispute against You, we will first contact You by sending a written notice of Jillian Turecki’s Dispute to You via email to the primary email address associated with Your account. Our notice must (i) include the name of a Jillian Turecki contact and the contact’s email address and telephone number; (ii) describe the nature and basis of the Dispute; and (iii) set forth the specific relief sought. Each such notice described in this paragraph, whether sent by You or Jillian Turecki (a “Notice”).
During the sixty (60) calendar days of Your or Jillian Turecki’s receipt of Notice (the “Informal Resolution Period”), which may be extended another sixty (60) days upon written consent of both parties, You and Jillian Turecki agree to try to informally resolve the Dispute through good faith settlement discussions with each other or by counsel, if represented, and if necessary, participating in a settlement conference, whether in person or virtually, at the mutual convenience of both parties.
If You and Jillian Turecki cannot informally resolve the Dispute during the Informal Resolution Period or the extended Informal Resolution Period, then for Disputes less than or up to the small claims jurisdictional limit excluding attorney’s fees and costs, either party may file a small claims action; for Disputes exceeding the small claim’s court’s jurisdictional limit, excluding attorney’s fees and costs, either party may submit the Dispute to binding arbitration as set forth below.
The statute of limitations and any filing fee deadlines shall be tolled for sixty (60) days from the date that either you or Jillian Turecki first send the applicable Notice, so that the parties may seek to informally resolve the Dispute.
G. Arbitration Rules: The arbitration will be administered by the Judicial Arbitration and Mediation Services, Inc. (“JAMS”) and will be resolved through binding arbitration before one arbitrator. If You are a consumer, the arbitration shall be administered by JAMS under its Comprehensive Arbitration Rules & Procedures and the Expedited Procedures, which are available on JAMS’ website (jamsadr.com). The applicable arbitration rules are amended by these Terms as follows:
YOU AND JILLIAN TURECKI AGREE THAT ANY ARBITRATION UNDER THESE TERMS WILL TAKE PLACE ON AN INDIVIDUAL BASIS; YOU AND JILLIAN TURECKI EACH WAIVE THE RIGHT TO A JURY TRIAL; CLASS ARBITRATIONS, CLASS ACTIONS, AND ANY REPRESENTATIONAL PROCEEDING ARE NOT PERMITTED, AND YOU AND JILLIAN TURECKI ARE AGREEING TO GIVE UP THE ABILITY TO PARTICIPATE IN A CLASS ACTION, CLASS ARBITRATION, OR OTHER REPRESENTATIONAL PROCEEDING IN CONNECTION WITH THE DISPUTE. You further agree that (i) Venue shall be in Miami Dade County in the State of Florida, the state of formation for Jillian Turecki, LLC and where the principal place of business is located; (ii) The arbitrator may conduct only an individual arbitration and, except as described below for the additional procedures to govern if twenty-five (25) or more similar or coordinated Disputes are asserted against Jillian Turecki or You by the same or coordinated counsel, may not consolidate more than one individual’s Disputes, preside over any type of class or representative proceeding (e.g. private attorney action), or preside over any proceeding involving more than one individual.
Payment of Filing Fee. For consumer-initiated arbitration, filing fees shall be allocated in accordance with the applicable JAMS fee schedule and consumer arbitration minimum standards then in effect. For arbitrations initiated by Jillian Turecki, Jillian Turecki shall pay all applicable filing fees.
Arbitration Process. The arbitration shall be resolved by the submission of arbitration briefs alone without the presentation of live witness testimony, and (i) the arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines upon request by You or by Jillian Turecki that an in-person hearing is appropriate; (ii) any in-person appearances will be held at a location which is reasonably convenient to both parties with due consideration of their ability to travel and other pertinent circumstances, and (iii) if the parties are unable to agree on a location, such determination should be made by the JAMS or by the arbitrator.
Exchange of Information. If You or Jillian Turecki submits a dispute to arbitration and the arbitrator orders any exchange of information, You and Jillian Turecki agree to cooperate to seek from the arbitrator protection for any confidential, proprietary, trade secret, or otherwise sensitive information, documents, testimony, or other materials that might be exchanged or the subject of discovery in the arbitration. You and Jillian Turecki agree to seek such protection before any such information, documents, testimony, or materials are exchanged or otherwise become the subject of discovery in the arbitration. The arbitrator has exclusive authority to make all procedural and substantive decisions regarding any dispute and to grant any remedy that would otherwise be available in court, including the power to determine the question of arbitrability.
Requirement of Individualized Relief. The arbitrator’s decision will follow these Terms and will be final and binding. The arbitrator will have authority to award temporary, interim, or permanent injunctive relief or relief providing for specific performance of these Terms, but only to the extent necessary to provide relief warranted by the individual Dispute before the arbitrator. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.
Confidentiality. Upon either party's request, the arbitrator will issue an order requiring that confidential information of either party disclosed during the arbitration (whether in documents or orally) may not be used or disclosed except in connection with the arbitration or a proceeding to enforce the arbitration award and that any permitted court filing of confidential information must be done under seal to the furthest extent permitted by law.
Attorney’s Fees and Costs. Unless otherwise provided by applicable law, including Florida Statutes § 57.105, the applicable JAMS Rules, or the indemnification obligations set forth in Section XVII.G, the parties shall bear their own attorneys' fees and costs in arbitration unless the arbitrator awards sanctions or finds that: (a) the substance of a claim, defense, or the relief sought was not supported by the material facts or by the application of then-existing law to those facts, and the asserting party or its attorney knew or should have known of such lack of support; (b) a party has engaged in bad faith conduct during the arbitration proceeding, including, without limitation, presenting materially false or misleading statements or evidence to the arbitrator, concealing material facts, or engaging in unreasonable litigation tactics that cause unnecessary delay or expense; or (c) a party has failed to comply with the arbitrator's orders or to cooperate reasonably in the exchange of information ordered by the arbitrator. The foregoing applies to arbitration proceedings. In any Dispute resolved in small claims court pursuant to Section XVIII.A(a), the prevailing party shall be entitled to recover its reasonable attorney's fees and costs from the non-prevailing party, to the extent permitted by applicable law.
Enforceability, Severance. If any portion of this Section XVIII is found to be unenforceable or unlawful for any reason, including but not limited to because it is found to be unconscionable, (i) the unenforceable or unlawful provision will be severed from these Terms; (ii) severance of the unenforceable or unlawful provision will have no impact whatsoever on the remainder of this Section XVIII or the parties’ ability to compel arbitration of any remaining Disputes on an individual basis pursuant to this Section XVIII; and (iii) to the extent that any Disputes must therefore proceed on a class, collective, consolidated, or representative basis, such Disputes must be litigated in a civil court of competent jurisdiction and not in arbitration. The litigation of those Disputes will be stayed (and statutes of limitations tolled) pending the outcome of any individual Disputes in arbitration. Further, if any part of this Section XVIII is found to prohibit an individual Dispute seeking public injunctive relief, that provision will have no effect to the extent such relief is allowed to be sought out of arbitration, and the remainder of this Section XVIII will be enforceable.
Changes. Notwithstanding the provisions of Section XX, if Jillian Turecki changes this Arbitration Agreement in any respect after the date You first accepted these Terms (or accepted any subsequent changes to these Terms), Jillian Turecki will provide You with advance notice of the change in accordance with Section XX.C. You may reject any such change by sending us written notice (including by email to support@jillianturecki.com) within thirty (30) calendar days of the date such change became effective (as indicated by the Effective Date at the top of these Terms) or the date of Jillian Turecki’s email to You notifying You of such change. In order to be effective, the rejection notice must include your full name, mailing address, email address, state in the subject line “Rejection of Changes to Arbitration Agreement in Section XVIII.G”, and clearly indicate Your intent to reject changes made to this Section XVIII.G. By rejecting any change, You are agreeing that You will arbitrate any Dispute between You and Jillian Turecki in accordance with the terms and conditions of the Arbitration Agreement in Section XVIII.G that you previously agreed to. If the Terms are otherwise modified, without changing this Section XVIII.G, You agree that modification will not create a new right to opt out of this Arbitration Agreement.
XIX. Governing Law and Venue.Jillian Turecki, LLC is a limited liability company organized under the laws of the State of Florida with its principal place of business located there.These Terms and any action related thereto, or to the use of the Service, or any Jillian Turecki Channel will be governed by the laws of the State of Florida, without regard to its conflict of law provisions. The Venue for all Disputes, whether before the small claims court or an arbitration proceeding, shall be in Miami Dade County in the State of Florida. If any Dispute cannot be heard before the small claims court or an arbitration proceeding, then the state and federal courts located in the State of Florida will have exclusive jurisdiction and venue in or near Miami-Dade County in the State of Florida. You and Jillian Turecki agree to the personal jurisdiction of the State of Florida and waive any objection to venue in any other such courts or arbitration.
XX. Changes to These Terms:
A. Our Right to Make Changes. We may make changes to these Terms from time to time at our sole discretion. Changes fall into two categories:
Material Changes. A "Material Change to These Terms" means a change that substantively alters Your rights or obligations under these Terms, including, without limitation, changes to the scope of the Service or Jillian Turecki Channels, the Arbitration Agreement or Class Action Waiver in Section XVIII, the Disclaimers or Limitation of Liability in Section XVII, the intellectual property provisions of Section X, the User Contribution License in Section XI, or the addition of new fees or charges not previously disclosed. A Material Change to These Terms does not include corrections of typographical errors, formatting changes, updates to contact information or URLs, reorganization of existing provisions without substantive change, or clarifications that do not alter the meaning of existing terms.
Non-Material Changes. Changes that do not constitute a Material Change to These Terms, including, without limitation, the corrections and updates described above, may be made at any time without advance notice by posting the revised Terms on the Service.
B. Notice of Material Changes. If we make a Material Change to These Terms, we will provide You with no fewer than thirty (30) days' advance notice before the Material Change takes effect. Notice will be provided by (i) posting the revised Terms on the Service with a summary of the Material Change, and (ii) sending electronic notice to the email address associated with Your account or, if You do not have a registered account, by prominently displaying a notice on the Service. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted. For the applicability of updated Terms to Jillian Turecki Channels, see Section I.C.
C. Changes to the Arbitration Agreement. Any change to the Arbitration Agreement in Section XVIII, whether or not it constitutes a Material Change to These Terms under Section XX.A.1, will be subject to the advance notice requirements of Section XX.B and the opt-out provisions of Section XVIII.G.9. For the avoidance of doubt, Jillian Turecki will provide no fewer than thirty (30) days' advance notice of any change to the Arbitration Agreement, and You may reject any such change in accordance with Section XVIII.G.9.
D. Your Acceptance or Rejection of Changes. Unless we indicate otherwise in our notice, Your continued use of the Service or any Jillian Turecki Channel following the effective date of any Material Change to These Terms will constitute Your acceptance of such change. If You do not agree to a Material Change to These Terms, You should terminate Your account and stop using the Service and any Jillian Turecki Channel before the effective date of the change. Non-Material Changes take effect upon posting.E. Applicable Version of These Terms. Any Dispute arising under these Terms will be resolved in accordance with the version of these Terms in effect (as indicated by the Effective Date at the top of these Terms) at the time the Dispute is asserted by either party through Notice (as defined in Section XVIII.F.1) and Informal Resolution, a small claims court filing, or an arbitration demand, whichever occurs first. The foregoing is subject to the opt-out provisions of Section XVIII.G.9; a User who has properly opted out of a change to the Arbitration Agreement under Section XVIII.G.9 will have that Dispute resolved under the prior version of the Arbitration Agreement to which the User previously agreed.
XXI. General Terms.
A. Entire Agreement. These Terms (which incorporate by reference the Privacy Policy, and include the Arbitration Agreement and Waiver of Jury Trial set forth in Section XVIII) constitute the entire agreement between You and Jillian Turecki concerning Your use of the Service and any Jillian Turecki Channel, or the Content of the Service and any Jillian Turecki Channel, and supersedes any prior or contemporaneous agreements, whether oral or written.
B. No Waiver. Our failure to exercise or enforce any right or provision of these Terms will not constitute a waiver of such right or provision or of these Terms as a whole.
C. Force Majeure. Jillian Tureckishall not be liable for any failure or delay in performing obligations under these Terms where such failure or delay results from circumstances beyond our reasonable control, including but not limited to natural disasters, labor strikes, pandemic, government actions, war, terrorism, internet or telecommunications failures, cyberattacks, or utility outages. During such events, our obligations shall be suspended for the duration of the event.
D. Severability. If any provision of these Terms is found by a court of competent jurisdiction or arbitration to be invalid or unenforceable, the parties agree that the provision shall be severed from these Terms and the other provisions of these Terms will remain in full force.
E. Headings. The Section titles and headings in these Terms are for convenience only and have no legal or contractual effect.
F. Assignment. Jillian Turecki may freely assign these Terms. You may not assign these Terms and You hereby waive any notice of assignment by Jillian Turecki.
G. No Beneficiaries. Except as otherwise expressly provided herein, these Terms are intended solely for the benefit of the parties and are not intended to confer third-party beneficiary rights upon any other person or entity.
H. Electronic Notice. You agree that communications and transactions between us may be conducted electronically.
I. Under California Civil Code Section 1789.3, California consumers are entitled to the following specific consumer rights notice:
Provider of Service: Jillian Turecki, LLC, 1022 Boulevard #282, West Hartford, CT 06119
Telephone: [insert telephone number]; Email: support@jillianturecki.com
Charges: Certain products and services offered by the Service require payment. Current pricing for all Products and Subscription Services is available on the Website at https://www.jillianturecki.com. Pricing for Subscription Services on a Jillian Turecki Channel purchased through third-party platforms (e.g., Substack, Patreon, Apple Podcasts) is available on the applicable third-party platform.
Complaint Procedures: If You have a complaint regarding the Service, You may contact us using the contact information above. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite N-112, Sacramento, California 95834, or by telephone at (800) 952-5210.
XXII. Contacting Jillian Turecki. Please contact us with any questions about these Terms by:
Email to Jillian Turecki at:
Written mail or delivery to Jillian Turecki’s mailing address at:
Jillian Turecki, LLC, 1022 Boulevard #282, West Hartford, CT 06119