TERMS AND CONDITIONS OF USE

 

IMPORTANT – PLEASE READ THIS TERMS OF CONDITIONS OF SERVICE & USE AGREEMENT (“Agreement”) CAREFULLY.  BY ACCESSING AND USING THE SERVICES (AS DEFINED BELOW), (1) YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTAND, AND AGREE TO BE BOUND BY THIS AGREEMENT, AND (2) YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THIS AGREEMENT. WE RESERVE THE RIGHT TO AMEND THIS AGREEMENT AT ANY TIME AS DISCUSSED BELOW.

  1. About Joy Energy Time

This Agreement is a legal agreement between you and Joy Energy Time, LLC., (JET) (“we“, “us“or the “Company”) for your use of the Company’s (a) website located at www.joyenergytime.com (“Website”), and (b) related services (the Website, Content and related services being referred to collectively as the (“Services”).  The Services provided by JET enable a potential customer (“User”) to access programs, products, and services aimed at helping Users improve self-care and promote or restore meaningful occupations and/or activities to increase overall quality of life.  JET lifestyle focuses on promoting, creating and restoring joy, fulfillment, life satisfaction, intellectual, emotional, and spiritual well-being, physical, mental energy, and organization to create space and time for priorities.  By using this site, you agree and consent to be bound by these Agreement and all disclaimers, rules and terms and conditions that appear elsewhere on or in connection with the Website.  If at any time, you become dissatisfied with the Agreement, you agree that your sole and exclusive remedy is to discontinue using the Website and Services (as defined below).

  1. Using JET

Use of the Application to schedule Services requires that you register and/or create an account (“Account“). To register and create an Account, you must create a username and password and provide certain personal information.  In consideration of the use of the Applications services, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and (b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete.  You are responsible for maintaining the confidentiality and security of your Account and password and for all activities or any other actions that occur under or are taken in connection with your password or Account.

You may only use the Application to Schedule Services if you are the authorized holder of the credit card used for payment and if you are able to form a binding contract with us. In addition, You must be at least 18 years of age, or the age of legal majority in your jurisdiction (if different than 18), to obtain an Account, unless a specific Service permits otherwise.

  1. Services and Programs

JET offers both didactic and educational contents to Users, along with various courses, which provide practical tools such as webinars and programs.  JET offers various programs, which include among others a mini course; an introductory program; and a signature program.  Programs price range vary and are subject to change.  Such amounts will be charged to one of the payment cards you have associated with your account and you hereby authorize any such charge.  All Charges and payments will be enabled by JET using the preferred payment method designated in your Account, after which you will receive a receipt by email.  If your primary Account payment method is determined to be expired, invalid or otherwise not able to be charged, you agree that JET may use a secondary payment method in your Account, if available. Any payments made in connection with the Services requested are final non-refundable, unless otherwise determined by JET.

Mini Course:

  • One time purchase;
  • Focused on one dimensional subject;
  • Course content will consist of recorded webinar and PowerPoint presentation;
  • Instant access will be provided to content;
  • Unlimited access to the course;
  • Provides resources; exercises; worksheets to download required to complete course.

Introductory Program:

  • 12-week multi-dimensional program;
  • Includes monthly modules for each month (in form of webinars) with assignments;
  • Provides theories and models from occupational therapy to address burn out;
  • Allows Users to rate their life areas using JET’s assessment formula;
  • Modules and webinars include both didactic and action results based information;
  • Provides resources; exercises; worksheets; and action plans;
  • Provides access to Facebook community;
  • Unlimited access to the course.

Signature Program

  • Includes all content provided by JET’s Introductory 12-week multi-dimensional program;
  • One-on-one calls with a professional JET specialist one time per-week;
  • Signature program is divided into a three (3) month or (6) month program, which varies on price.

  1. Changes to the Agreement

JET may change this Agreement from time to time and without prior notice. If we make a change to this Agreement, it will be effective as soon as we post it, and the most current version of this Agreement will always be posted under the “Terms of Use” tab (“Updated Terms“). If we make a material change to the Agreement, we may notify you. You agree that you will review this Agreement periodically.  By continuing to access and/or use the Application after we post Updated Terms, you agree to be bound by the Updated Terms, and if you do not agree to the Updated Terms, you will stop using the Application. This Agreement will govern any disputes arising before the effective date of the Updated Terms.

  1. Material, License & Restrictions

The Website and everything on them, from text to photos to videos to graphics and software, (collectively, the “Materials“) are owned by or licensed to JET.  The Website and the Materials may be protected by copyright, trademark, trade dress, domain name, patent, trade secret, international treaties and/or other proprietary rights and laws of the United States and other countries.  Please be advised that JET enforces its intellectual property rights to the fullest extent of the law.

We grant you a limited, non-exclusive, non-transferable and revocable license to access and use the Website and/or the Materials for your personal use, solely as expressly permitted by this Agreement and subject to all the terms and conditions of this Agreement, all applicable intellectual property laws, and any Additional Terms contained on the Sites.  Any other use of the Website and/or the Materials is strictly prohibited.  No Materials may be copied, republished, uploaded, posted, transmitted, distributed in any way, and/or modified without our express written permission.  Nothing contained on the Application should be interpreted as granting to you any license or right to use any of the Materials and/or third party proprietary content on the Application without the express written permission of JET or the appropriate third party owner, as applicable.

You may not: (i) remove any copyright, trademark or other proprietary notices from any portion of the Services; (ii) reproduce, modify, prepare derivative works based upon, distribute, license, lease, sell, resell, transfer, publicly display, publicly perform, transmit, stream, broadcast or otherwise exploit the Services except as expressly permitted by JET; (iii) decompile, reverse engineer or disassemble the Services except as may be permitted by applicable law; (iv) link to, mirror or frame any portion of the Services; (v) cause or launch any programs or scripts for the purpose of scraping, indexing, surveying, or otherwise data mining any portion of the Services or unduly burdening or hindering the operation and/or functionality of any aspect of the Services; or (vi) attempt to gain unauthorized access to or impair any aspect of the Services or its related systems or networks.

  1. Violation of the Agreement

JET reserves the right to seek all remedies available at law and in equity for violations of the Agreement, including without limitation the right to block access to the Website from a particular account, device and/or IP address.  We may terminate your access to the Website, without cause or notice, which may result in the forfeiture and destruction of all information associated with you.  All provisions of this Agreement that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

  1. Governing Law

You acknowledge and agree that this Agreement and your access to and/or use of the Website, the Materials and other content on the Website is subject to all applicable international, federal, state and local laws and regulations. The terms, conditions and policies contained in this Agreement shall be governed by and construed in accordance with the laws of the State of Florida, without regard to its conflict of laws principles.

  1. Disclaimer

THE WEBSITE, THE MATERIALS AND ALL OTHER CONTENT ON THE APPLICATION ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE RELEASED PARTIES DISCLAIM, WITH RESPECT TO THE MATERIALS AND ALL OTHER CONTENT ON THE SITES, ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.  JET DOES NOT REPRESENT OR WARRANT THAT THE SITES, THE MATERIALS AND/OR THE OTHER CONTENT ON THE SITES WILL BE SECURE, UNINTERRUPTED AND/OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, AND/OR THE APPLICATION, THE MATERIALS AND/OR OTHER CONTENT ON THE APPLICATION ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. JET DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SITES, THE MATERIALS AND/OR ANY OTHER CONTENT ON THE SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, TIMELINESS, COMPLETENESS, CURRENTNESS.  YOU (AND NOT JET) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR, OR CORRECTION RELATING TO YOUR USE OF THE APPLICATION, THE MATERIALS AND/OR OTHER CONTENT ON THE APPLICATION. APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT FULLY APPLY TO YOU.

THE INFORMATION PRESENTED IN PRODUCTS, COURSES, WEBINARS, AND OTHER MATERIALS DISTRIBUTED BY JOY ENERGY TIME LLC (“JET”) IS FOR INFORMATIONAL PURPOSES ONLY, AND NOT TO BE TAKEN AS FACT OR  ABSOLUTE AND SHOULD NOT BE CONSTRUED AS MEDICAL, PSYCHOLOGICAL, OR PROFESSIONAL ADVICE OR A SUBSTITUTE FOR MEDICAL OR PSYCHOLOGICAL CARE IN ANY CAPACITY.  CONSULT A DOCTOR PRIOR TO INTITAING ANY MENTAL OF PHYSICAL HEALTH PROGRAM.  BY PURCHASING ANY OF THE ABOVE FROM JET, YOU AGREE THAT THE OWNERS OF JET WILL NOT BE HELD LIABLE FOR, AND JET IS NOT RESPONSIBLE FOR ANY NEGATIVE CONSEQUENCES SUSTAINED WHILE USING ANY ASPECT OF JETs PRODUCTS OR SERVICES, OR IMPLEMENT ANY ADVICE, WHETHER IT BE PERSONAL OR BUSINESS RELATED.  AS IT PERTAINS TO PRODUCTS OF JET, THE CREATORS OF THIS CONTENT ARE NOT TO BE TAKEN AS MEDICAL OR BUSINESS PROFESSIONALS, AND NO ASPECT OF JETs CONTENT SHOULD BE MISCONSTRUED AS OCCUPATIONAL THERAPY.

  1. Waiver and Severability

Any waiver by JET of any provision of this Agreement must be in writing.  If any portion of this Agreement is found to be void, invalid or otherwise unenforceable, then that portion shall be deemed to be superseded by a valid, enforceable provision that matches the intent of the original provision as closely as possible.  The remainder of this Agreement shall continue to be enforceable and valid according to terms contained herein.

  1. Dispute Resolution and Arbitration Agreement

Arbitration.  You agree that all claims, disputes or disagreements that may arise out of the interpretation or performance of this Agreement, or that in any way relate to your use of the Application, the Materials and/or other content on the Application, shall be submitted exclusively to binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents or other intellectual property rights. Arbitration means that an arbitrator and not a judge or jury will decide the claim. Rights to prehearing exchange of information and appeals may also be limited in arbitration. You acknowledge and agree that you and JET are each waiving the right to a trial by jury. You further acknowledge and agree that you waive your right to participate as a plaintiff or class member in any purported class action or representative proceeding.

Further, unless both you and JET otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding.  If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms of Use. You further acknowledge that any claim arising under this Agreement will be brought within one year of its accrual or it will be waived.

Process.  A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules at  www.adr.org/arb_med.  The arbitrator will be either a retired judge or an attorney licensed to practice law in the county in which you reside and will be selected by the parties from the AAA’s roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Location and Procedure. Unless you and JET otherwise agree, the arbitration will be conducted in Miami, Florida. If your claim does not exceed $10,000.00 then the arbitration will be conducted solely on the basis of documents you and JET submit to the arbitrator, unless you request a hearing or the arbitrator determines that a hearing is necessary. If your claim exceeds $10,000.00 your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Decision.  The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator’s decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator’s award damages must be consistent with the terms of the “Limitation of Liability” section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant’s individual claim.  Party who prevails in arbitration will be entitled to an award of attorneys’ fees and expenses to the extent provided under applicable law

Fees.  Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules.

JET PRIVACY POLICY

 

At JET, we aim at improving a desired work-life balance by promoting or restoring meaningful occupations and/or activities to increase overall quality of life.  In this privacy agreement, we tell you what information we receive from our Users, and how we use it to improve our productivity and Services.

  1. SCOPE of this PRIVACY POLICY

JET values the privacy of individuals who use our Website and Services.  This privacy policy (the “Privacy Policy”) explains how we collect and use the information of our Users.  Beyond this Privacy Policy, your used of our Website is also subject to our Terms and Conditions of Use.

  1. INFORMATION WE COLLECT and HOW WE USE IT

We collect and store information about you when you sign up for the use of our Services.  We use this information to provide the Service’s functionality, improve the Service quality, personalize your experience and productivity, enhance the security of our Services, and comply with legal obligations.  We will collect personal identification information from Users only if they voluntarily submit such information to us.  Users can always refuse to supply personally identification information, except that it may prevent them from engaging in certain Website related activities.

Registration Information:  When you sign up for our Services, you will be required to provide us your name, email address, phone number, and further personal information to fit our Service productivity.  After signing up for our Services, all Users will be provided with a username and password to access all course content.

Payment Method:  When you use a credit card or payment method to purchase our Services, a third party that handles payments for us will receive your card information.  To keep your financial data secure, we do not store full credit card information on our servers. 

Communications:  If you contact us directly, we may receive additional information about you.  For example, when you contact our Customer Service Team, we will request for you to provide your name, email address, phone number, the content of a message and other information that you choose to provide.

  1. SECURITY

We follow generally accepted industry standards to protect the personal information submitted to us.  However, no method of transmission of personal information over the Internet, or method of electronic storage, is 100% secure.  Therefore, while we strive to use commercially acceptable means to protect your personal information, we cannot guarantee its absolute security.

  1. MODIFICATIONS to this PRIVACY POLICY

We may revise this Privacy Policy from time to time.  The most current version of the Privacy Policy will govern our collection, use, and disclosure of information about you and will be emailed directly to you.  If we make material changes to this Privacy Policy, we will notify you by email or by posting a notice on the Services prior to the effective date of the changes.  By continuing to access or use the Service after those changes become effective, you agree to the revised Privacy Policy.

  1. RETENTION OF PERSONAL INFORMATION

We will retain your personal information while you have an account with us and thereafter for as long as we need it for purposes not prohibited by applicable laws. Thereafter, we will either delete your personal information or de-identify it so that it is anonymous and not attributed to your identity. Your rights to request that we delete your personal information at any time by directly contacting us at address listed below.

  1. WEBSITE BROWSER COOKIES

Our Website may use “cookies” to enhance User experience.  User’s web browser places cookies on their hard drive for record-keeping purposes and sometimes to track information about them.  User may choose to set their web browser to refuse cookies, or to alert you when cookies are being sent.  If they do so, note that some parts of the Website may not function properly.

  1. SHARING YOUR PERSONAL INFORMATION

We do not sell, trade, or rent Users personal identification information to others.  We may share generic aggregated demographic information not linked to any personal identification information regarding visitors and users with our business partners, trusted affiliates and advertisers for the purposes outlined above.

  1. MINORS and CHILDREN UNDER THE AGE of 16

JET does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register to use our services.  No one under age 16 is allowed to provide any personal information to JET or the Service.  In the event that we learn that we have collected personal information from a child under the age 16, we will delete that information as quickly as possible.

  1. CONTACT INFORMATION

If you have any further concerns regarding our Privacy Policy, you may contact us online by directly e-mailing us or by writing to us at the following address:

JET

Attn: Customer Support

5660 W Atlantic Ave, 102

Delray Beach, FL 33484