Last Updated: September 11, 2024
The following terms (“Terms of Use”) constitute an agreement between JenniferMaker LLC (“Company”), and you that governs your use of this website and all of its associated services, content, and functionality. This policy applies to the websites administered by Company (“Website”), located at https://advance.jennifermaker.com.
These terms and conditions apply to any viewing, use, or purchasing of content from JenniferMaker LLC (“we”, “us”, “our”). The terms “you”, “your”, “yours”, and “yourself” refer to any site visitors and purchasers of our products.
By using our site or products, you agree to these Terms of Service and any other written agreement governing your use of our sites and products (including but not limited to our privacy policy outlined here and our Small Business commercial license).
Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. Company reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.
These terms and conditions are applicable whether you have read through them or not. Please take a moment to familiarize yourself with them.
General Disclaimers
Company has made every effort to ensure that all information on the Website has been tested for accuracy. Company makes no guarantees regarding the results that you will see from using the information provided on the Website.
Company disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.
Registration & Restricted Access
Some restricted areas of the Website may be made available to you as a registered user. When you are registered as a user, you are required to create a user profile, which may include a username and password (“User Account”). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify JenniferMaker immediately at [email protected]. JenniferMaker will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to JenniferMaker or other third parties for any losses incurred due to such unauthorized use.
When you create a User Account with JenniferMaker, you guarantee that you are 16 years of age or older, are able to consent to these Terms of Use, and that the information you provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in JenniferMaker’s sole discretion.
Access to certain areas of the Website may be restricted. JenniferMaker reserves the right to restrict areas of the Website at its sole discretion.
Ad-Free Experience Access for ADVANCE Members
We offer ADVANCE members (monthly, quarterly, and yearly) an ad-free video experience to view the JenniferMaker blog without ads to monthly and yearly subscribers of our program. Our ad-free video experience is only available for the JenniferMaker blog, and it’s important to note that YouTube videos and other off-site content may still include ads that are provided on the platform where they are available, or contain references to sponsors, if applicable. The ad-free experience is only available when you are actively logged into the ADVANCE membership program with a valid account in good standing in the same browser and device.
Purchase Policies
Our products may be offered at limited availability and for limited times only. Product descriptions may change as we update our product content. This can include the removal of certain files or videos as needed. It is your responsibility to ensure the availability of such content prior to making your purchase.
Our prices are subject to change at anytime. Prices are displayed in USD (US dollars). If you are making a purchase from another country, the price you pay will depend on the exchange rate on that day. We cannot provide or guarantee any exchange rates. It is your responsibility to check this exchange rate prior to making a purchase.
When you enter into a subscription arrangement with us through your purchase of such products as our memberships, be advised that these are offered through a recurring payment system. Your membership will automatically be renewed at the end of the payment period.
For monthly subscriptions, this will occur every month. For our yearly subscription this will occur every year.
If you wish to cancel your subscription, you must cancel on our website prior to 11:59 pm Eastern time on the day prior to your renewal. You may also need to cancel your recurring charges in PayPal if you used their service for purchase. This tutorial will guide you through the process for cancelling your charges in PayPal, if necessary.
If your purchase was made via Stripe, cancelling your subscription on our website will automatically cancel those recurring payments. Once your subscription has been renewed, no refunds will be issued.
Due to the nature of a digital product, JenniferMaker LLC products are not eligible for a refund.
JenniferMaker Sites and Products are the exclusive property of JenniferMaker LLC. We retain all rights, license, copyright, title, and ownership of the products.
This includes, but is not limited to, the business name, logo, all designs, images, text, videos, audio files, graphics, cut files, fonts, and any other files. You may not modify, publish, transmit, reproduce, display, participate in the sale of or use JenniferMaker Sites and Products content in any way other than where given express permission to do so, for example, with our yearly membership.
Our ADVANCE membership comes with a Small Business commercial license governing the use of our cut files and fonts. It is your responsibility to check this license prior to making a purchase.
If you cancel your ADVANCE membership, you will lose access to the membership site. The files you downloaded are yours to keep. Note, they may only be used for personal use and the Small Business commercial license is not retained after membership cancellation, but you may retain the Community License if you remain a member of our community per the details in our licenses.
Our Maker Academy Weekend passes come with the Community License. If you need a Small Business commercial license, please upgrade to an ADVANCE member pass.
With other products, such as our E-Books, Events, Workshops, and Courses, once you have purchased them, they are yours forever and you will retain access to them even if you are no longer a member of the ADVANCE program.
Memberships and other products for the use of the individual who purchases them. You may not share your membership with anyone outside your immediate household. To do so will result in immediate termination of your membership without refund. All other products are for the use of the individual purchaser and may not be shared with others.
Use of the Website
You may view, download, and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.
Unless otherwise stated, Company owns the intellectual property and rights to all content and material on the website. Subject to the license information, all intellectual property rights are reserved.
The following uses are not permitted:
- Republication of digital content from the Website, unless content is specifically and expressly made available for republication;
- Sale, rental or sub-license of any digital content from the Website;
- Reproduction or duplication of any digital content on the Website for commercial purposes;
- Redistribution of digital content of the Website, unless content is specifically and expressly made available for redistribution.
You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.
You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the website without Company’s express written permission.
You must not use the Website to transmit or send any unsolicited commercial communications.
You must not use the Website for any third-party marketing without Company’s express written permission.
You may not use this Website for any unlawful, illegal, fraudulent or harmful purpose or activity.
You grant Company a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant Company the right to sub-license these rights and the right to bring an action for infringement of these rights./
CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to the Website, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or Company or a third party.
Company reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on Company’s servers; or, (iii) hosted or published on the Website. Company takes no responsibility and assumes no liability for any content posted by you or any third party.
Notwithstanding Company’s rights under the Terms of Use, Company does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.
If you submit, comment or post any materials (such as photos, videos or written content) to this Website, you represent and warrant that: (1) you are at least 16 years old; (2) you are the owner of or have permission to share such materials; (3) you grant Company a perpetual, royalty-free, worldwide non-exclusive license to use, copy, reproduce, publish, distribute, display and publicly perform those materials, in whole or part, in any manner or medium, now known or hereafter developed, for any purpose, including commercial purposes and advertising; (4) you grant Company a perpetual, royalty-free, worldwide non-exclusive license and release to use your name and likeness in connection with such materials for any purposes, including commercial purposes and advertising. Company does not claim any ownership rights in your materials.
Please choose carefully the materials that you upload to, submit to, or embed on this Website. Any material you post on this Website becomes public. You are responsible for your material and for any liability that may result from the material you post on this website. You participate, comment, and post material on this Website at your own risk. Any communication by you on this Website, whether by leaving a comment or participating in a chat room, message board, public forum, contact submission form or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
Content Disclaimers
Company has made every effort to ensure that all information provided on the Website has been tested for accuracy. Company makes no representations, warranties, or guarantees. Company assumes no responsibility for errors or omissions that may appear in the Website. Company assumes no responsibility for your decisions or for your practices based on information on the Website.
From time to time, the Website may discuss topics related to mental health. This information is not advice and should not be treated as medical advice. The medical information provided on the Website is provided “as is” without any representations or warranties, express or implied. Although content on the Website may discuss therapeutic and/or mental health issues, the Website does not provide any type of therapy and/or mental health services. The Website does not provide any advice, explanation, opinion, or recommendation about therapy or mental health services.
The Website is provided for informational purposes only.
The Website was developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Website.
Indemnity
You agree to defend, indemnify and hold Company, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which Company suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.
ARBITRATION
The Terms of Use will be governed and construed in accordance with the laws of the State of Michigan. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Ann Arbor, Michigan The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.
JenniferMaker Messaging Terms & Conditions
Effective Date: May 1, 2024
This SMS message program is a service of JenniferMaker LLC. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS cart reminders, sale notices, etc) from JenniferMaker LLC. These messages include text messages that may be sent using an automatic telephone dialing system, to the mobile telephone number you provided when signing up or any other number that you designate. You give JenniferMaker LLC permission to send text messages to the enrolled cell phone number through your wireless phone carrier, unless and until you end permission per these Terms & Conditions. Consent to receive automated marketing text messages is not a condition of any purchase. Message & data rates may apply. Message frequency may vary. JenniferMaker LLC reserves the right to alter the frequency of messages sent at any time, so as to increase or decrease the total number of sent messages. JenniferMaker LLC also reserves the right to change the short code or phone number from which messages are sent and we will notify you if we do so. Not all mobile devices or handsets may be supported and our messages may not be deliverable in all areas. JenniferMaker LLC, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages. By enrolling in the JenniferMaker LLC messaging program, you also agree to these messaging terms & conditions (“Messaging Terms”), our JenniferMaker Terms of Use, and JenniferMaker Privacy Policy.Cancellation
Text the keyword STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message to cancel. After texting STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT to the telephone number, long code, or short code that sends you our initial confirmation message you will receive one additional message confirming that your request has been processed. If you change your preferences, it may take up to 48 hours for it to take effect. You acknowledge that our text message platform may not recognize and respond to unsubscribe requests that do not include the STOP, STOPALL, END, CANCEL, UNSUBSCRIBE or QUIT keyword commands and agree that JenniferMaker LLC and its service providers will have no liability for failing to honor such requests. If you unsubscribe from one of our text message programs, you may continue to receive text messages from JenniferMaker LLC through any other programs you have joined until you separately unsubscribe from those programs.Help or Support
Text the keyword HELP to the telephone number, long code, or short code that sends you our initial confirmation message to receive a text with information on how to unsubscribe.No Warranty
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU ACKNOWLEDGE AND AGREE THAT THE MESSAGING PROGRAM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED.Limitation of Liability
TO THE MAXIMUM EXTENT ALLOWED BY APPLICABLE LAW, YOU AGREE THAT IN NO EVENT SHALL EITHER OF JENNIFERMAKER LLC OR ANY PARTY ACTING ON BEHALF OF JENNIFERMAKER LLC BE LIABLE FOR: (A) ANY CLAIMS, PROCEEDINGS, LIABILITIES, OBLIGATIONS, DAMAGES, LOSSES OR COSTS IN AN AGGREGATE AMOUNT EXCEEDING THE GREATER OF THE AMOUNT YOU PAID TO JENNIFERMAKER LLC HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF JENNIFERMAKER LLC HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE JENNIFERMAKER LLC MESSAGING PROGRAM. JENNIFERMAKER LLC AND ITS REPRESENTATIVES ARE NOT LIABLE FOR THE ACTS OR OMISSIONS OF THIRD PARTIES, INCLUDING BUT NOT LIMITED TO DELAYS OR NON-DELIVERY IN THE TRANSMISSION OF MESSAGES.Indemnity
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless JenniferMaker LLC, its directors, officers, employees, servants, agents, representatives, independent contractors and affiliates from and against any and all claims, damages, liabilities, actions, causes of action, costs, expenses, including reasonable attorneys’ fees, judgments or penalties of any kind or nature arising from or in relation to the these Messaging Terms or your receipt of text messages from JenniferMaker LLC or its service providers.Dispute Resolution
- General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from JenniferMaker LLC or its service providers whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of when a dispute or claim arises will be resolved by binding arbitration. YOU UNDERSTAND AND AGREE THAT, BY AGREEING TO THESE MESSAGING TERMS, YOU AND JENNIFERMAKER LLC ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION AND THAT THESE MESSAGING TERMS SHALL BE SUBJECT TO AND GOVERNED BY ARBITRATION.
- Exceptions. Notwithstanding subsection (a) above, nothing in these Messaging Terms will be deemed to waive, preclude, or otherwise limit the right of you or JenniferMaker LLC to: (i) bring an individual action in small claims court; (ii) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (iii) seek injunctive relief in aid of arbitration from a court of competent jurisdiction; or (iv) file suit in a court of law to address an intellectual property infringement claim.
- Arbitrator. Any arbitration between you and JenniferMaker LLC will be governed by the JAMS, under the Optional Expedited Arbitration Procedures then in effect for JAMS, except as provided herein. JAMS may be contacted at www.jamsadr.com. The arbitrator has exclusive authority to resolve any dispute relating to the interpretation, applicability, or enforceability of this binding arbitration agreement.
- No Class Actions. YOU AND JENNIFERMAKER LLC AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and JenniferMaker LLC agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding. You agree that, by agreeing to these Messaging Terms, you and JenniferMaker LLC are each waiving the right to a trial by jury or to participate in a class action, collective action, private attorney general action, or other representative proceeding of any kind.
- No Class Actions. YOU AND JENNIFERMAKER LLCAGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and JenniferMaker LLC agree otherwise in a signed writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
- Modifications to this Arbitration Provision. Notwithstanding anything to the contrary in these Messaging Terms, if JenniferMaker LLC makes any future change to this arbitration provision, you may reject the change by sending us written notice within 30 days of the change to JenniferMaker LLC’s contact information provided in the “Contact Us” section below, in which case this arbitration provision, as in effect immediately prior to the changes you rejected, will continue to govern any disputes between you and JenniferMaker LLC.
- Enforceability. If any provision of these Messaging Terms is found to be unenforceable, the applicable provision shall be deemed stricken and the remainder of these Messaging Terms shall remain in full force and effect.