A QUICK REMINDER
Before we get into the legal side of life, the ask is simple: please use common sense.
Every reasonable measure has been taken to create a safe and predictable experience for you, AND this is the internet. There are bad people on the internet, things show up in search engines on the internet, and people lie about who they are on the internet.
Given that JennyEden.com is on the Internet, please use common sense when joining and posting.
NOT A SUBSTITUTION FOR MEDICAL CARE
Information provided within, or through links, is not a substitute for medical or professional care, and such info should not be used in place of the advice of your physician or surgeon.
EDUCATIONAL PURPOSES ONLY
Jennyeden.com provides general information for educational purposes only, and is not designed to and does not provide professional diagnosis, treatment or medical services to you or to any other person.
CONTACT YOUR HEALTHCARE PROVIDER WITH CONCERNS
If you believe you have any other health problem, or if you have any questions regarding your health or a medical condition, you should promptly consult your physician or healthcare provider.
PLEASE DON'T RELY ON THIS ADVICE FOR TREATMENT
Health/medical info changes constantly. Therefore, the info here or the linked websites should not be considered exhaustive, nor should you rely on such info to recommend treatment for you or others.
The surgeons/admins are not liable or responsible for any advice, course of treatment, diagnosis or any other information, services or product you obtain through this community.
The information contained herein has not, to our knowledge, been evaluated by the Food and Drug Administration. We do not sell or market any products with intent to diagnose, treat, cure, mitigate or prevent any specific disease or class of diseases.
The material in this site is intended to be of general informational use and is not intended to constitute medical advice, probable diagnosis, or recommended treatments. You should seek the advice of your physician or other qualified health provider with any questions you may have regarding a medical condition.
TERMS AND CONDITIONS
The Website contains information about products authorized in the United States, and is intended for a United States audience. If you live outside the United States, you may see information on the Website about products that may not be available or authorized in your country.
To use the Website, you must be at least 18 years of age or the age of majority in your jurisdiction of residence (whichever is greater).
Jenny Eden, LLC may, in its sole discretion, modify or revise these Terms and policies at any time. Unless Jenny Eden, LLC makes a change for legal or administrative reasons, Jenny Eden, LLC will provide reasonable advance notice before the updated Terms become effective. You agree that Jenny Eden, LLC may notify you of the updated Terms by posting them on the Website, and that your use of the Website after the effective date of the updated Terms (or engaging in such other conduct as Jenny Eden, LLC may reasonably specify) constitutes your agreement to the updated Terms. Therefore, you should review these Terms before using the Website. The updated Terms will be effective as of the time of posting, or such later date as may be specified in the updated Terms and will apply to your use of the Website from that point forward.
The Website is a temporary free service and Jenny Eden, LLC can begin charging at any time for use of any or all parts of the Website. Jenny Eden, LLC reserves the right to discontinue any aspect of the Website at any time. Jenny Eden, LLC reserves the right to reclaim usernames that become inactive or on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
These Terms apply to all users of the Website, including users who contribute User Submissions, as defined below.
OUR WEBSITE DOES NOT PROVIDE MEDICAL ADVICE
Information on the Website is provided for informational purposes only and is not intended as a substitute for the advice provided by your physician or other healthcare professional or any information contained on or in any product label or packaging. You should not use the information on the Website for diagnosing or treating a health problem or disease, or prescribing any medication or other treatment. You should always speak with your physician or other healthcare professional before taking any medication or nutritional, herbal or homeopathic supplement, or adopting any treatment for a health problem. For any products or purchased from the Website, you should read carefully all product packaging and instructions. If you have or suspect that you have a medical problem, promptly contact your health care provider. Never disregard professional medical advice or delay in seeking professional advice because of something you have read on our Website. Information provided on the Website and the use of any products purchased from our Website by you DOES NOT create a doctor-patient relationship between you and any physician affiliated with our Website. Information and statements regarding dietary supplements have not been evaluated by the Food and Drug Administration and are not intended to diagnose, treat, cure, or prevent any disease. Plastic and cosmetic surgeons who choose to provide any products or information created by the Website and Jenny Eden, LLC agree to personally evaluate the products before providing them to their patients, and communicate to their patients that patients will be using the products at their own risk with no repercussion to the Website, Jenny Eden, LLC, or the plastic or cosmetic surgeon in question. By using such products, you agree that you have researched each ingredient and you verify you have no known allergies to any of the ingredients. In the event you have an allergic reaction, you agree that you have used the products at your own risk.
Although Jenny Eden, LLC will not be liable for your losses caused by any unauthorized use of your account, you may be liable for the losses of Jenny Eden, LLC or others due to such unauthorized use. Jenny Eden, LLC will not be responsible for any unauthorized access to, or alteration of, your transmissions or data, any material, information or data sent or received from your account, regardless of whether the data is actually received by jennyeden.com.
You acknowledge and agree that the Website and all materials incorporated by Jenny Eden, LLC on the Website, other than the User Submissions, including, without limitation, all content, visual interfaces, interactive features, information, graphics, design, compilation, computer code, APIs, products, software, services, and all other elements of the Website (“Material”) constitute the proprietary and valuable property of Jenny Eden, LLC and are protected by United States and international copyrights, patents, trade secrets or other proprietary rights and laws (“IP Rights”). Any use of the Website other than as specifically authorized herein is strictly prohibited. Any rights not expressly granted herein are reserved by Jenny Eden, LLC.
Some of the characters, logos or other images incorporated by Jenny Eden, LLC on jennyeden.com are also protected as registered or unregistered trademarks, trade names and/or service marks owned by Jenny Eden, LLC or others (“Trademarks”). You agree not to use any Jenny Eden, LLC Trademarks without Jenny Eden, LLC’s written consent. Other trademarks, service marks, trade names, logos and other branding used and displayed via the Website (“Third Party Mark(s)”) may be trademarks or service marks of their respective owners who may or may not endorse or be affiliated with or connected to Jenny Eden, LLC. Except as expressly provided in these Terms or in terms provided by the owner of a Third-Party Mark, nothing in these Terms or the Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of Jenny Eden, LLC Trademarks displayed on the Website, without Jenny Eden, LLC’s prior written permission in each instance. All goodwill generated from the use of Jenny Eden, LLC Trademarks will inure to the exclusive benefit of Jenny Eden, LLC.
YOUR USE OF MATERIAL
You may access and display Material and all other content displayed on jennyeden.com for non-commercial, personal use on a single computer or device only. The Material and all other content on jennyeden.com may not otherwise be copied, reproduced, republished, uploaded, posted, transmitted, distributed or used in any way unless specifically authorized by Jenny Eden, LLC. Any authorization to copy Material granted by Jenny Eden, LLC in any part of the Website for any reason is restricted to making a single copy for non-commercial, personal use on a single computer or device only, and is subject to your reproducing and keeping intact, and not altering, removing, modifying or suppressing, all copyright and other proprietary notices. Using any Material on any other web site or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling, or otherwise reducing the code used in any software on jennyeden.com into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software, is prohibited.
You understand that when using the Website, you will be exposed to Material from a variety of sources, and that Jenny Eden, LLC is not responsible for the accuracy, timeliness, usefulness, or IP Rights of or relating to such Material. You further understand and acknowledge that you may be exposed to Material that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Jenny Eden, LLC with respect thereto, and, to the extent permitted by applicable law, agree to indemnify and hold harmless Jenny Eden, LLC, its owners, operators, affiliates, licensors, and licensees to the fullest extent allowed by law regarding all matters related to your use of the Website.
YOUR USER SUBMISSIONS AND CONDUCT
A. You may submit picture or video content (“User Pictures”) and textual content, including but not limited to, comments (“User Comments”) to jennyeden.com, via photo upload function on jennyeden.com, via email or via the Mobile Services to email@example.com. User Pictures and User Comments are collectively referred to as “User Submissions”. You understand that whether or not such User Submissions are published, Jenny Eden, LLC, does not guarantee, and disclaims, any confidentiality with respect to any User Submissions. Jenny Eden, LLC has the right to edit and/or alter any User Submissions. Jenny Eden, LLC reserves the right not to use the User Submissions at all and/or to use as much or as little of the User Submissions as it chooses. The Website is supported by advertising revenue and may display advertisements and promotions, and you hereby agree that Jenny Eden, LLC may place such advertising and promotions on the Website or on, about, or in conjunction with your User Submissions. The manner, mode and extent of such advertising and promotions are subject to change without specific notice to you.
B. You shall be solely responsible for your own User Submissions and the consequences of posting or publishing them. In connection with User Submissions, you affirm, represent, and/or warrant that: you own or have all the necessary licenses, rights, consents, and permissions to use and publish your User Submissions and you license and authorize Jenny Eden, LLC, and its affiliates, successors, agents and assigns, employees, licensees, and designees to use all IP Rights in and to any and all User Submissions to enable publication and use of the User Submissions in the manner contemplated by the Website and these Terms. You must be 18 years old or the age of majority in your jurisdiction of residence (whichever is greater) to submit User Submissions. By posting to those categories, you agree you are of legal age.
C. For clarity, you retain all of your ownership rights in your User Submissions. However, by submitting User Submissions to jennyeden.com, you hereby grant Jenny Eden, LLC, and its agents, employees, affiliates, licensees, designees, assigns and successors, a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicenseable and transferable license to use, reproduce, copy, transmit, distribute, prepare derivative works of, cache, store, display, edit, telecast, rerun, syndicate, print, perform and otherwise exploit the User Submissions in connection with the Website, including without limitation for advertising, marketing, promoting and redistributing part or all of the Website (and derivative works thereof) in any media formats and through any media channels. You also hereby grant each user of the Website a non-exclusive license to access your User Submissions through the Website, and to use, reproduce, distribute, display and perform such User Submissions ONLY as specifically permitted through the functionality of the Website and under these Terms. You hereby waive any claims you may have based on any usage of User Submissions or the works derived therefrom including but not limited to claims for invasion of privacy. You grant Jenny Eden, LLC and its affiliates and sublicensees the right to use the name that you submit in connection with such User Submissions if they choose. You understand and agree, however, that Jenny Eden, LLC may retain, but not display, distribute, or perform, server copies of your User Submissions that have been removed or deleted. The above licenses granted by you terminate within a reasonable time after your User Submissions is removed or deleted from the Website.
D. You acknowledge that Jenny Eden, LLC may establish general practices and limits concerning use of the Website, including without limitation the maximum period of time that User Submissions or other data or materials will be retained by the Website and the maximum storage space that will be allotted on Jenny Eden, LLC’s servers on your behalf. You agree that Jenny Eden, LLC has no responsibility or liability for the deletion or failure to store any User Submissions or other data or materials maintained or transmitted by the Website. You acknowledge that Jenny Eden, LLC reserves the right to terminate accounts that are inactive for an extended period of time. Also, Jenny Eden, LLC reserves the right to delete any User Submissions for any reason, without prior notice, including, without limitation, to provide additional capacity on the Website. Deleted User Submissions may be stored by Jenny Eden, LLC in order to comply with certain legal obligations and are not retrievable without a valid court order. Consequently, Jenny Eden, LLC encourages you to maintain your own backup of your User Submissions.
E. You agree not to post, email, or otherwise make available User Submissions:
(a) that are unlawful, harmful, pornographic, obscene, threatening, abusive, harassing, defamatory, libelous, invasive of another’s privacy, or is harmful to minors in any way;
(b) that harass, degrade, intimidate or are hateful toward an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
(c) that impersonate any person or entity, including, but not limited to, an Amelia Aesthetics employee, or falsely state or otherwise misrepresent your affiliation with a person or entity;
(d) that include personal or identifying information about another person without that person’s explicit consent;
(e) that are false, deceptive, misleading, deceitful, or misinformative;
(f) that infringe any IP Right or other proprietary rights of any party;
(g) that you do not have a right to make available under any law, or under contractual or fiduciary relationships;
(h) that constitute or contain any form of advertising or solicitation, “affiliate marketing,” “link referral code,” “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or unsolicited commercial advertisement;
(i) that contain software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of the Website or any computer software or hardware or telecommunications equipment;
(j) that disrupt the normal flow of dialogue with an excessive amount of User Submissions (flooding attack) to the Website, or that otherwise negatively affects other users’ ability to use the Website; or
(k) that employ misleading email addresses, or forged headers or otherwise manipulated identifiers in order to disguise the origin of User Submissions transmitted through the Website.
F. In connection with User Submissions, you further agree that you will not submit material that is subject to a third party’s copyright, protected by third party’s trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless you are the owner of such rights or have permission from their rightful owner to post the material and to grant Jenny Eden, LLC, all of the license rights granted herein.
G. Jenny Eden, LLC does not control the User Submissions posted by users or otherwise made available by other persons and does not have any obligation to monitor such User Submissions for any purpose. If at any time, Jenny Eden, LLC chooses, in its sole discretion, to monitor the User Submissions, Jenny Eden, LLC nonetheless assumes no responsibility for the User Submissions, no obligation to modify or remove any inappropriate User Submissions, and no responsibility for the conduct of the user submitting any such User Submissions. Jenny Eden, LLC does not endorse any User Submission or any opinion, recommendation, or advice expressed therein, and Jenny Eden, LLC expressly disclaims any and all liability in connection with User Submissions. Jenny Eden, LLC does not permit copyright infringing activities on its Website, and Jenny Eden, LLC will remove all Content and User Submissions if properly notified that such Content or User Submission infringes on another’s copyright pursuant to Jenny Eden, LLC’s Copyright Policy (see COPYRIGHT POLICY below.) Jenny Eden, LLC, reserves the right to remove Content and User Submissions without prior notice.
H. You agree not to alter or modify any part of the Website or to obtain or attempt to access or otherwise obtain any materials or information through hacking, password mining or any other any means not intentionally made available or provided for through the Website. You must not interfere or disrupt the Website or servers or networks connected to the Website, including by transmitting any worms, viruses, spyware, malware or any other code of a destructive or disruptive nature. You may not inject content or code or otherwise alter or interfere with the way any jennyeden.com page is rendered or displayed in a user’s browser or device. You agree not to use or launch any automated system, including without limitation, “robots,” “spiders,” or “offline readers,” that accesses the Website in a manner that sends more request messages to the Jenny Eden, LLC servers in a given period of time than a human can reasonably produce in the same period by using a conventional on-line web browser. You agree not to collect or harvest any personally identifiable information, including account names, from the Website, nor to use any communication systems provided by the Website (e.g., comments, email) for any commercial solicitation purposes. You agree not to solicit, for commercial purposes, any users of the Website with respect to their User Submissions. In your use of the Website, you will comply with all applicable laws, statutes and regulations.
I. If you provide feedback, questions, comments, suggestions, ideas, or other information to us regarding the Website, Content, or User Submissions (collectively, “Feedback”), you acknowledge that the Feedback is non-confidential and you authorize us to use that Feedback without restriction and without acknowledgment, payment or other compensation to you. Accordingly, you hereby grant to us perpetual and irrevocable license to use the Feedback for any purpose, commercial or otherwise.
If you believe that your submission or any other work has been used in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please notify Jenny Eden, LLC at Info@jennyeden.com or Jenny Eden, LLC Copyright Claims, 2304 Wesvill Court, Suite 360, Raleigh, NC 27607. Provide all of the following in writing: (1) identify the copyrighted work you claim has been infringed or if multiple copyrighted works, then a representative list of such works on the website; (2) identify the material on the website that you claim is infringing and with enough detail so that we may locate the material; (3) provide a statement that you have a good faith belief that the use of the material on the website is not authorized by the copyright owner, its agent, or the law; (4) provide a statement declaring that the notification is accurate, and, under penalty of perjury, that you are the owner of the copyright interest involved or that you are authorized to act on behalf of the exclusive owner; (5) provide information reasonably sufficient to permit Jenny Eden, LLC to contact you, such as an address, telephone number, and email address; and (6) your physical or electronic signature.
Upon receipt of notice as described above, Jenny Eden, LLC will take whatever action, in its sole discretion, it deems appropriate, including removal of the alleged infringing material from the website.
Jenny Eden, LLC may offer certain services that are available via a mobile device or app, including (i) the ability to upload User Submissions to the Website via a mobile device, (ii) the ability to browse the Website from a mobile device and (iii) the ability to access certain features through an application downloaded and installed on a mobile device (collectively, the “Mobile Services”). To the extent you access the Website through a mobile device, your wireless service carrier’s standard charges, data rates and other fees may apply. In addition, downloading, installing, or using certain Mobile Services may be prohibited or restricted by your carrier, and not all Mobile Services may work with all carriers or devices. By using the Mobile Services, you understand that certain information about your usage of the Mobile Services may be communicated to Jenny Eden, LLC.
Additional Terms for Apple App Store Applications. This Section applies to you only if you have downloaded the Jenny Eden, LLC software from the Apple App Store.
(a) Jenny Eden, LLC and you acknowledge that these Terms are entered into solely between you and Jenny Eden, LLC, and not with any third party, including Apple, Inc. These Terms are not intended to provide for usage rules for the Jenny Eden, LLC software that are less restrictive than the Usage Rules set forth for Licensed Applications in, or otherwise conflict with, the App Store Terms of Service as of the date hereof (which you acknowledge you have had the opportunity to review).
(b) Subject to all the terms and conditions herein, Jenny Eden, LLC hereby grants you a personal, limited, non-commercial, nonexclusive, non-sublicensable, non-assignable, revocable license to download, install and use one (1) copy of the Jenny Eden, LLC software, in object code form, only on your App Store compatible device (“Device”) for the sole purpose of personally using the Website and, if you have downloaded the Amelia Aesthetics software from the Apple App Store, as permitted by the Usage Rules set forth in the Apple App Store Terms of Service.
(c) You acknowledge that Apple has no responsibility for addressing any claims relating to the Website or the Jenny Eden, LLC software or your possession and/or use of the Website or the Jenny Eden, LLC software, including but not limited to (i) product liability claims; (ii) any claim that the Website or the Jenny Eden, LLC software fails to conform to any applicable legal or regulatory requirement; and (iii) any claims arising under consumer protection or similar legislation.
(d) You acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary hereof.
This SMS message program is a service of jennyeden.com. By providing your cell phone number, you agree to receive recurring automated promotional and personalized marketing text messages (e.g., SMS/MMS sale notices, etc.) from jennyeden.com. 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 jennyeden.com 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. jennyeden.com 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. jennyeden.com 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. Jennyeden.com, its service providers and the mobile carriers supported by the program are not liable for delayed or undelivered messages.
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 jennyeden.com 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 jennyeden.com 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.
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 jennyeden.com OR ANY PARTY ACTING ON BEHALF OF jennyeden.com 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 jennyeden.com HEREUNDER OR $100.00; OR (B) ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE OR ANY OTHER DAMAGES. YOU AGREE EVEN IF jennyeden.com HAS BEEN TOLD OF POSSIBLE DAMAGE OR LOSS ARISING OR RESULTING FROM OR IN ANY WAY RELATING TO YOUR USE OF THE jennyeden.com MESSAGING PROGRAM. jennyeden.com 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.
To the maximum extent allowed by applicable law, you agree to indemnify, defend and hold harmless http://jennyeden.com, 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 jennyeden.com or its service providers.
General. Any dispute or claim arising out of or in any way related to these Messaging Terms or your receipt of text messages from jennyeden.com 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 jennyeden.com 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 jennyeden.com 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 jennyeden.com 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 jennyeden.com 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 jennyeden.com 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 jennyeden.com 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 jennyeden.com 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 jennyeden.com 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 jennyeden.com 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 jennyeden.com’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 jennyeden.com.
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.
Changes to the Messaging Terms
We reserve the right to change these Messaging Terms or cancel the messaging program at any time. By using and accepting messages from jennyeden.com after we make changes to the Messaging Terms, you are accepting the Messaging Terms with those changes. Please check these Messaging Terms regularly.
These Messaging Terms, together with any amendments and any additional agreements you may enter into with us in connection herewith, will constitute the entire agreement between you and jennyeden.com concerning the Messaging Program.
Please contact us with any inquiries or concerns at firstname.lastname@example.org or write to us at: 2304 Wesvill Ct. #360, Raleigh, NC 27607.
EXTERNAL LINK DISCLAIMER
jennyeden.com contains links to external, third party web sites along with relevant commentary to provide our visitors with an up to date digest of current news stories. Some of these sites may not be affiliated with Jenny Eden, LLC.
By providing links to other sites, Jenny Eden, LLC does not guarantee, approve or endorse the information or products available at these sites, nor does a link indicate any association with or endorsement by the linked site to jennyeden.com.
Jenny Eden, LLC does not operate or control and has no responsibility for the information, content, products and/or services found on any external sites. Nor does it represent or endorse the accuracy or reliability of any information, products and/or services provided on or through any external sites, including, without limitation, warranties of any kind, either express or implied, warranties of title or non-infringement or implied warranties of merchantability or fitness for a particular purpose.
No authorization or permission is given for framing or linking to any pages of a Website or any of its User Submissions, whether in whole or in part.
In order to make our User Comments interesting and informative for our users, in addition to the other requirements provided in these Terms, the following guidelines must be adhered to by all users posting and/or viewing User Comments:
If a comment is made using your identity or account it will be deemed to have been posted by you.
Do not post abusive, obscene, threatening, harassing, defamatory, libelous, offensive or sexually explicit material.
Do not intentionally make false or misleading statements.
Do not offer to sell or buy any product or service.
Do not post material that infringes copyright.
Do not post information that you know to be confidential or sensitive or otherwise in breach of the law.
Do not question why a previous comment was removed.
Keep all comments relevant and ‘on topic’ to the particular jennyeden.com posting open for comments.
Jenny Eden, LLC will not accept responsibility for information posted in the User Comments.
If Jenny Eden, LLC receives notice that any posting is not in keeping with these terms and conditions or the intended use of the User Comments, Jenny Eden, LLC may remove that posting and/or any other related postings.
You may delete or temporarily suspend your account at any time. When suspended, your profile will be invisible until you reactivate your account. If you choose to delete your account, all of your information will be deleted from the Website and our servers. If your profile is suspended or terminated, your User Submissions may not be deleted from the Website or our servers.
Jenny Eden, LLC reserves the right to decide whether User Submissions violate these Terms for reasons other than copyright infringement, such as, but not limited to violations of law, or under contractual or fiduciary relationships, fraud, pornography, obscenity, illegal or offensive content. Jenny Eden, LLC may at any time, without prior notice and in its sole discretion, remove such User Submissions and/or deactivate or delete a user’s account for submitting such material in violation of these Terms may and/or bar any further access to such files or the Website. Any suspected fraudulent, abusive or illegal activity that may be grounds for termination of your use of Website, may be referred to appropriate law enforcement authorities.
In accordance with the DMCA and other applicable laws, Jenny Eden, LLC has adopted a policy of terminating, in appropriate circumstances and at Jenny Eden, LLC’s sole discretion, users who are deemed to be repeat infringers. Jenny Eden, LLC may also at its sole discretion limit access to the Website and/or terminate the accounts of any users who infringe any IP Rights of others, whether or not there is any repeat infringement.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE WEBSITE, AND ALL PRODUCTS SOLD ON THIS WEBSITE IS AT YOUR OWN RISK. THE WEBSITE AND ALL THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, IN CONNECTION WITH THE SERVICES AND YOUR USE THEREOF. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Jenny Eden, LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, CUSTOM, TRADE, QUIET ENJOYMENT, SYSTEM INTEGRATION AND FREEDOM FROM COMPUTER VIRUS. TO THE EXTENT YOUR JURISDICTION DOES NOT ALLOW LIMITATIONS ON WARRANTIES, THIS LIMITATION MAY NOT APPLY TO YOU. YOUR SOLE AND EXCLUSIVE REMEDY RELATING TO YOUR USE OF THE SITE SHALL BE TO DISCONTINUE USING THE SITE. Jenny Eden, LLC DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. Jenny Eden, LLC DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE WEBSITE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE OR ANY SITES LINKED TO THE WEBSITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. Jenny Eden, LLC MAKES NO WARRANTIES THAT YOUR USE OF THE WEBSITE OR THE MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT MADE AVAILABLE ON OR THROUGH THE WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS AND Jenny Eden, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIALS, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF Jenny Eden, LLC. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE ABOVE IMPLIED WARRANTIES TO APPLY TO YOU, THE ABOVE EXCLUSIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. Jenny Eden, LLC ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ANY (I) ERRORS, MISTAKES, OR INACCURACIES OF USER SUBMISSIONS, (II) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (III) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION STORED THEREIN, (IV) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH OUR WEBSITE BY ANY THIRD PARTY, (VI) ANY ERRORS OR OMISSIONS IN ANY USER SUBMISSIONS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY USER SUBMISSIONS POSTED, EMAILED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE, AND/OR (VII) ANY DAMAGE TO ANY USER’S COMPUTER, MOBILE DEVICE, OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION. YOUR SOLE REMEDY FOR DISSATISFACTION WITH THE WEBSITE AND/OR CONTENT IS TO CEASE ALL OF YOUR WEBSITE USE.
YOU RELY ON THE PRODUCTS PROVIDED BY US SOLELY AT YOUR OWN RISK. ADVICE, OPINIONS AND STATEMENTS SHOULD NOT BE RELIED UPON WHEN MAKING IMPORTANT PERSONAL, MEDICAL, LEGAL OR FINANCIAL DECISIONS. YOU SHOULD CONSULT A PROFESSIONAL TO OBTAIN SPECIFIC ADVICE APPROPRIATE TO YOUR CIRCUMSTANCES.
LIMITATION OF LIABILITY
IN NO EVENT SHALL Jenny Eden, LLC, ITS SUBSIDIARIES, LICENSORS, OFFICERS, DIRECTORS, MEMBERS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AFFILIATES OR AGENTS, BE LIABLE FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OF, OR INABILITY TO USE, THE WEBSITE OR THE MATERIAL, PRODUCTS, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED (I.E., WARRANTY, CONTRACT, OR TORT), AND EVEN IF JENNY EDEN, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT Jenny Eden, LLC) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING FROM YOUR USE OF THE WEBSITE, ANY SERVICE, OR ITS CONTENT. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE ABOVE LIMITATION OF LIABILITY TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
YOU SPECIFICALLY ACKNOWLEDGE THAT Jenny Eden, LLC SHALL NOT BE LIABLE FOR CONTENT OR THE DEFAMATORY, OFFENSIVE, OR ILLEGAL CONDUCT OF ANY THIRD PARTY AND THAT THE RISK OF HARM OR DAMAGE FROM THE FOREGOING RESTS ENTIRELY WITH YOU.
YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF JENNY EDEN, LLC’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEBSITE, SERVICE, PROPERTY, PRODUCT OR OTHER CONTENT OWNED OR CONTROLLED BY Jenny Eden, LLC, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER CONTENT OWNED OR CONTROLLED BY Jenny Eden, LLC. IN NO EVENT WILL THE COLLECTIVE LIABILITY OF JENNY EDEN, LLC AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS, REGARDLESS OF THE FORM OF ACTION (WHETHER IN CONTRACT, TORT, OR OTHERWISE), EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO Jenny Eden, LLC FOR THE USE OF THE WEBSITE OR ANY SERVICE IT PROVIDES.
You acknowledge and agree that, to the maximum extent permitted by law, the entire risk arising out of your access to and use of the site, application, services and site content remains with you. You agree to defend, indemnify, and hold Jenny Eden, LLC, its officers, directors, members, employees, affiliates, and agents, harmless from and against any claims, liabilities, damages losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use the Website, User Submissions, Material or Content, (ii) your User Submissions, (iii) your violation of these Terms or any laws, (iv) your violation of any third party right, including without limitation any IP rights or privacy right; or (v) any claim that your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Rules and your use of the Service.
THE MATERIALS, INFORMATION AND OPINIONS INCLUDED AND/OR EXPRESSED IN OR ON BULLETIN BOARDS, CHAT ROOMS, COMMUNITY PAGES OR OTHER FORUMS ON Jenny Eden, LLC WEBSITES (“FORUMS”) ARE NOT NECESSARILY THOSE OF Jenny Eden, LLC OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS. Jenny Eden, LLC DOES NOT UNDERTAKE TO MONITOR OR REVIEW FORUMS, AND THE CONTENT OF FORUMS IS NOT THE RESPONSIBILITY OF Jenny Eden, LLC. Jenny Eden, LLC MAY REMOVE OR MODIFY ANY CONTENT WITHOUT NOTICE OR LIABILITY AT ANY TIME IN ITS SOLE DISCRETION. ANY USE OF THE FORUMS WILL BE AT YOUR OWN RISK AND WILL BE SUBJECT TO THE DISCLAIMERS AND LIMITATIONS ON LIABILITY SET OUT ABOVE.