This Agreement sets forth the legal terms and conditions for your use of this website and any other website or mobile application owned and operated by Jennifer Lynn Empath, LLC (“Jennifer Lynn Empath”, “us”, the “Company” “Service Provider”) (the “website” or the “Websites”), and for your purchase and/or use of any Jennifer Lynn Empath products or services in the United States.

1. Agreement. By using this website or any website owned and operated by Jennifer Lynn Empath, by purchasing Jennifer Lynn Empath products or services or by engaging with Jennifer Lynn Empath, you hereby agreed to the terms and conditions as herein outlined. Jennifer Lynn Empath reserves the right to amend, supplement, or revise the terms and conditions herein outlined and such revisions shall be noticed to you by posting on this website.
2. Use of the Websites. You are responsible for your use of the Websites, and for any use of the Websites made using your account, if applicable. No users under the age of 13 may use this website for any purpose without the supervision of a person over the age of 18. It is recommended and encouraged that no person under the age of 18 use this website for any purpose without the supervision of a person over the age of 18.

Our goal is safely and lawfully promote self-value, worth, and positivity. To achieve this goal, we prohibit certain behaviors and conduct that may be harmful to other users or to Jennifer Lynn Empath. When you use the any Jennifer Lynn Empath website, promotional material, or products, the following actions are a sample of prohibited actions: Sending or participating in chain letters or transmission of unsolicited commercial e-mail (“spam”) ; Misrepresenting oneself or another; Violating the laws and regulations of the United States or any other country, city, province, or local jurisdiction in any way; Engaging in unlawful or malicious activities; Deliberately propagating any virus, worm, Trojan horse, trap-door program, or other code, file, software or program designed to disrupt, disable, impair, or otherwise harm either the Company networks or systems or those of any other individual or entity; Using abusive, profane, threatening, racist, sexist, or otherwise objectionable language on the website; Sending, receiving, or accessing pornographic materials through the website; Causing congestion, disruption, disablement, alteration, or impairment of Jennifer Lynn Empath’s networks or systems; and Disrupting or attempting to disrupt security restrictions on Jennifer Lynn Empath’s systems and applications.

3. Ownership. The Jennifer Lynn Empath Website(s) is owned and operated by Jennifer Lynn Empath. The Website(s), including but not limited to text, photographs, images, graphics, video, audio, links, and the compilation as a whole (“Content”), are the property of Jennifer Lynn Empath, unless otherwise noted. You may not copy any Content and claim it as your own and you may not delete or remove any Content.
4. Privacy Policy. “Personal Information” is information that identifies you as an individual, such as: your name, address, phone number, email address, social media user names, photos of you, and credit / debit card numbers. Jennifer Lynn Empath may use a third party payment service or system to process purchases made through our websites and Personal Information may be collected by this third party and not by us, and will be subject to the third party’s privacy policy, rather than this Privacy Policy.  Personal Information may also be required to be provided to be in compliance with local, state and federal laws. We have no control over, are not responsible for, and assume no liability for, any third party’s use or disclosure of your Personal Information.

Jennifer Lynn Empath will not sell to your Personal Information to third parties. Jennifer Lynn Empath may use your Personal Information to contact you and you consent to same by providing such Personal Information to Jennifer Lynn Empath.

5. DISCLAIMER. This website is provided “as is” and without any representations or warranties, express or implied. Jennifer Lynn Empath makes no representations or warranties in relation to this website or the information and materials provided on this website.

Without prejudice to the generality of the foregoing paragraph, Jennifer Lynn Empath does not warrant that: this website will be constantly available or available at all; or the information on this website is complete, true, accurate or non-misleading.

Any testimonials on a Jennifer Lynn Empath website reflect the experience of each individual in their own words and are not intended to be advice or representations by Jennifer Lynn Empath.

All content found on the Website, including: text, images, audio, or other formats were created for informational purposes only. The Content is not intended to be a substitute for professional medical advice, diagnosis, counseling, or treatment. Always seek the advice of your physician or other qualified health provider with any questions you may have regarding any medical condition. Never disregard professional medical advice or delay in seeking it because of something you have read on this Website.

If you think you may have a medical emergency, call your doctor, go to the emergency department, or call 911 immediately. If you feel you are in a suicide related crisis, please call 911 or the National Suicide Prevention Lifeline at 1.800.273.TALK (8255).

Jennifer Lynn Empath is not and does not purport to be a counselor, medical practitioner, doctor, psychiatrist, psychotherapist, therapist, or any other medical or healthcare provider holding a license, certificate, or otherwise. Nothing on this website constitutes, or is meant to constitute, medical, healthcare, or any other advice of any kind. Jennifer Lynn Empath is not responsible for your actions nor is Jennifer Lynn Empath responsible for the actions of others. This website is for informational purposes only.

6. LIMITED LIABILITY. NOTWITHSTANDING ANYTHING CONTAINED HEREIN TO THE CONTRARY, IN NO EVENT SHALL EITHER PARTY BE LIABLE TO THE OTHER PARTY FOR EXEMPLARY OR PUNITIVE DAMAGES, CONSEQUENTIAL DAMAGES, SPECIAL DAMAGES, OR INCIDENTAL DAMAGES (I.E. LOST PROFITS), REGARDLESS OF THE FORM OF ACTION, BE IT IN CONTRACT, WARRANTY, STRICT LIABILITY OR OTHERWISE, ARISING FROM THE PERFORMANCE, TERMINATION OR NONPERFORMANCE OF ANY ASPECT OF THIS AGREEMENT OR ANY SERVICE PERFORMED IN CONNECTION WITH THIS AGREEMENT OR ANY ACTION TAKEN UNDER THIS AGREEMENT WHETHER OR NOT IT WAS MADE AWARE OF THE POSSIBILITY OF SUCH LOSS. SERVICE PROVIDER’S ENTIRE LIABILITY TO CUSTOMER FOR ANY CLAIM ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT SHALL BE LIMITED TO CUSTOMER’S DIRECT DAMAGES NOT TO EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER TO SERVICE PROVIDER IN THE THIRTY (30) DAY PERIOD IMMEDIATELY PRECEDING THE CLAIM. THE TERMS AND CONDITIONS CONTAINED IN THIS CLAUSE SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

7. DISCLAIMER OF WARRANTY. EXCEPT AS EXPRESSLY SET FORTH HEREIN, THE SERVICES PROVIDED BY JENNIFER LYNN EMPATH ARE FURNISHED AS IS, WHERE IS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY OR FITNESS FOR ANY PARTICULAR PURPOSE. THE TERMS AND CONDITIONS CONTAINED IN THIS CLAUSE SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

8. INDEMNIFICATION. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS JENNIFER LYNN EMPATH, ITS AFFILIATES, AGENTS, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM ANY AND ALL LIABILITIES, CLAIMS, EXPENSES AND DAMAGES, INCLUDING REASONABLE ATTORNEYS’ FEES AND COSTS, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THIS SERVICE, SALE OR INFORMATION REGARDING JENNIFER LYNN EMPATH PRODUCTS OR SERVICES, INCLUDING WITHOUT LIMITATION ANY CLAIMS OF LIBEL, DEFAMATION, VIOLATION OF RIGHTS OF PRIVACY OR PUBLICITY, TRESPASS, AND INFRINGEMENT OF INTELLECTUAL OR OTHER PROPRIETARY RIGHTS.

9. Governing Law. This Agreement and the rights and obligations hereunder and the provisions hereof shall be governed and construed in accordance with the law of the state of Ohio.
10. Arbitration Agreement. Any and all disputes you may bring arising between you and Jennifer Lynn Empath shall be resolved through binding and final arbitration and not by court proceedings. Any arbitration instituted pursuant to this section shall be governed by the Federal Arbitration Act, 9 U.S.C. § 1 et seq. and the rules of the American Arbitration Association. You and Jennifer Lynn Empath hereby waive any right to a jury trial of all controversies, claims, counterclaims, or other disputes arising between you and Jennifer Lynn Empath relating to any services or products sold by Jennifer Lynn Empath or an Independent Contractor to you or by your use of Jennifer Lynn Empath websites.

THIS SECTION LIMITS CERTAIN RIGHTS, INCLUDING BUT NOT LIMITED TO THE RIGHT TO MAINTAIN A COURT ACTION, THE RIGHT TO A JURY TRIAL, THE RIGHT TO PARTICIPATE IN ANY FORM OF CLASS OR REPRESENTATIVE CLAIM OR ACTION, AND THEREFORE THE RIGHT TO ENGAGE IN DISCOVERY EXCEPT AS PROVIDED IN THE AMERICAN ARBITRATION ASSOCIATION RULES, AND THE RIGHT TO CERTAIN REMEDIES AND FORMS OF RELIEF IN ADDITION TO OTHER RIGHTS THAT YOU OR JENNIFER LYNN EMPATH COULD HAVE HAD THE RIGHT TO IN COURT PROCEEDINGS.

11. Waiver. The failure of Jennifer Lynn Empath to insist in any one or more instances upon performance of any of the provisions of this Agreement or to take advantage of any of its rights hereunder shall not be construed as a waiver of any such provisions or the relinquishment of any such rights, and the same shall constitute and remain in full force and effect. No single or partial exercise by Jennifer Lynn Empath of any right or remedy shall preclude other or further exercise thereof, or the exercise of any other right or remedy. Waiver shall not constitute or be construed as a continuing waiver or a waiver of any other breach of any other provision of this Agreement.
12. Severability. If any part of this Agreement is held by a court of competent jurisdiction, pursuant to the Terms of this Agreement, invalid, void, or unenforceable, the remainder of the provisions shall remain in full force and effect and shall in no way be effected, impaired or invalidated.
13. Binding Effect. This Agreement shall be binding upon the parties hereto and their successors and assigns including but not limited to any successors in interest by way of merger, acquisition or otherwise of either Party to the extent permitted by law.
14. Notices. You may contact Jennifer Lynn Empath by writing to jennifer@jenniferlynnempath.com or by calling (937) 280-5890.

PLEASE PRINT A COPY OF THIS AGREEMENT FOR YOU RECORDS.

CUSTOMERS SHOULD PERIODICALLY CHECK THE WEBSITES FOR CHANGES TO THIS AGREEMENT.

Revision Date: August 21, 2017