Terms and Conditions

By visiting JaclynMowat.com you are consenting to our Terms and Conditions.

Overview

The terms “we,” “us,” and “our” refer to Jaclyn Mowat. The term the “Site” refers to JaclynMowat.com. The terms “user,” “you,” and “your” refer to site visitors, customers, and any other users of the site.

Jaclyn Mowat provides a blog where users can read articles on business, marketing, and blogging, and a service where users may purchase consulting services, e-courses, and/or products related to business, marketing, PR, and blogging (the “Service”).

Use of JaclynMowat.com, including all materials presented herein and all online services provided by Jaclyn Mowat, is subject to the following Terms and Conditions. These Terms and Conditions apply to all site visitors, customers, and all other users of the site. By using the Site or Service, you agree to these Terms and Conditions, without modification, and acknowledge reading them.

Use of the Site and Service

To access or use the Site, you must be 18 years of age or older and have the requisite power and authority to enter into these Terms and Conditions. Children under the age of 18 are prohibited from using the Site. Information provided on the Site and in the Service related to business, marketing, blogging and other information are subject to change. Jaclyn Mowat makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. Jaclyn Mowat disclaims all liability for any inaccuracy, error, or incompleteness in the Content.

Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new Jaclyn Mowat properties, shall be subject to the TOS. You understand and agree that the Service is provided “AS-IS” and that Jaclyn Mowat assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalisation settings. You are responsible for obtaining access to the Service, and that access may involve third-party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.

Account creation

In order to use the Service, you may be required to provide information about yourself including your name, email address, username and password, and other personal information. You agree that any registration information you give to Jaclyn Mowat will always be accurate, correct, and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorised purpose. You must not, in the use of the Service, violate any laws in your jurisdiction.

Lawful purposes

You may use the Site and Service for lawful purposes only. You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the Site. You agree to use the Site and to purchase services or products through the Site for legitimate, non-commercial purposes only. You shall not post or transmit through the Site any material which violates or infringes the rights of others, or which is threatening, abusive, defamatory, libellous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourages conduct that would constitute a criminal offence, give rise to civil liability, or otherwise violate any law.

Refusal of service

The Services are offered subject to our acceptance of your order or requests. We reserve the right to refuse service to any order, person or entity, without the obligation to assign reason for doing so. No order is deemed accepted by us until payment has been processed. We may at any time change or discontinue any aspect or feature of the Site or Service, subject to us fulfilling our previous responsibilities to you based on acceptance of your payment.

Product Description

We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse or cancel any order with an incorrect price listing.

Services booked through the Site

We will email you to confirm your project and with details for delivery of services. In the event that there is an error in this email confirmation, it is your responsibility to inform us as soon as possible. All consulting services are subject to an additional Client Service Agreement, to be signed prior to beginning work.

We endeavour to describe and display the Service as accurately as possible. While we try to be as clear as possible in explaining the Service, please do not accept that the Site is entirely accurate, current, or error-free. From time to time we may correct errors in pricing and descriptions. We reserve the right to refuse any project with outdated or incorrect rates.

Material you submit to the site

You shall not upload, post or otherwise make available on the Site any artwork, photos, or other materials (collectively “Materials”) protected by copyright, trademark, or other proprietary right without the express written permission of the owner of the copyright, trademark, or other proprietary right, and the burden of determining that any Materials are not so protected rests entirely with you. You shall be liable for any damage resulting from any infringement of copyrights, trademarks, or other proprietary rights, or any other harm resulting from such a submission. For all Materials submitted by you to the Site, you automatically represent or warrant that you have the authority to use and distribute the Materials, and that the use or display of the Materials will not violate any laws, rules, regulations, or rights of third parties.

Intellectual property rights to your materials

We claim no intellectual property rights over the material you supply to Jaclyn Mowat. You retain copyright and any other rights you may rightfully hold in any content that you submit through the Site or Service. Content you submit to Jaclyn Mowat remains yours to the extent that you have any legal claims therein. You agree to hold Jaclyn Mowat harmless from and against all claims, liabilities, and expenses arising out of any potential or actual copyright or trademark misappropriation or infringement claimed against you. By posting material on the Site, you grant us a worldwide, nonexclusive, irrevocable license to use the material for promotional, business development, and marketing purposes.

Our intellectual property

The Site and Service contain intellectual property owned by Jaclyn Mowat, including trademarks, copyrights, proprietary information, and other intellectual property. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit in any format whatsoever any of the Site or Service, Content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Service, without refund, if you are caught violating this intellectual property policy.

Changed terms

We may at any time amend these Terms and Conditions. Such amendments are effective immediately upon notice to you by us posting the new Terms and Conditions on this Site. Any use of the Site or Service by you after being notified means you accept these amendments. We reserve the right to update any portion of our Site and Service, including these Terms and Conditions, at any time. We will post the most recent versions to the Site and list the effective dates on the pages of our Terms and Conditions.

Limitation of liability

You agree that under no circumstances shall we be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the site or service. Additionally, Jaclyn Mowat is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus, or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorised access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if Jaclyn Mowat has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Jaclyn Mowat’ cumulative liability to you exceed the total purchase price of the service you have purchased from Jess Creatives, and if no purchase has been made by you Jess Creatives’ cumulative liability to you shall not exceed $100.

Third party resources

The Site and the Service contain links to third party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content, or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with Jaclyn Mowat. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.

Indemnification

You shall indemnify and hold us harmless from and against any and all losses, damages, settlements, liabilities, costs, charges, assessments, and expenses, as well as third party claims and causes of action, including, without limitation, attorney’s fees, arising out of any breach by you of any of these Terms and Conditions, or any use by you of the Site or Service. You shall provide us with such assistance, without charge, as we may request in connection with any such defence, including, without limitation, providing us with such information, documents, records, and reasonable access to you, as we deem necessary. You shall not settle any third party claim or waive any defence without our prior written consent.

Notice and Take Down Procedures and Copyright Agent

If you believe any materials accessible on or from the Website infringe your copyright, trademark or other legal rights, you may request removal of those materials (or access thereto) from the Website by contacting us at jaclynmowat@gmail.com.

Termination and Modification

You agree that we may without prior notice, discontinue, temporarily or permanently, the Website (or any part thereof) or eliminate your account, any associated email address, and remove any information you uploaded or provided to the Website with or without notice. Cause for termination will include, but not be limited to, (a) violations of these Terms or or any other policy of Jaclyn Mowat, (b) requests by law enforcement or other government agencies, (c) a request by you (d) discontinuance or material modification to the Website, or (e) unexpected technical or security issues or problems.

Effect of headings

The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Entire agreement; waiver

This Agreement constitutes the entire agreement between you and Jaclyn Mowat pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by Jaclyn Mowat shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by Jaclyn Mowat.

Notices

All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed to Jaclyn Mowat.

Jurisdiction and Venue

If any matter concerning this service shall be brought before a court of law, pre- or post-arbitration, Viewer, visitor, member, subscriber or customer agrees to that the sole and proper jurisdiction to be the state and city declared in the contact information of the web owner unless otherwise here specified. In the event that litigation is in a federal court, the proper court shall be the closest federal court to the owner of Jaclyn Mowat.

Recovery of litigation expenses

If any legal action or any arbitration or other proceeding is brought for the enforcement of this Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the provisions of this Agreement, the successful or prevailing party or parties shall be entitled to recover reasonable attorney’s fees and other costs incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled.

Sever-ability

If any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected, impaired, or invalidated.

Assignment

These Terms and Conditions bind and inure to the benefit of the parties’ successors and assigns. These Terms and Conditions are not assignable, delegable, sublicenseable, or otherwise transferable by you. Any transfer, assignment, delegation, or sublicense by you is invalid.

Disclaimers

This website is an educational and informational resource for business owners. It is not a substitute for working with a business consultant or other professional. I cannot guarantee the outcome of following the recommendations provided and any statements made regarding the potential outcome are expressions of opinion only. I make no guarantees about the information and recommendations provided herein. By continuing to read/participate in this website you acknowledge that I cannot guarantee any particular results, as such outcomes are based on subjective factors that are not within my control. Therefore, following any information or recommendations provided on this website are at your own risk. If you need business advice, you should hire a business consultant or other professional.

To help my services to you expand, cover the costs of running the site, and feed my family, I choose to be a member of a few affiliate programs. As such, I may include pertinent affiliate links in posts, in my sidebar, and elsewhere on the Jaclyn Mowat website or social media channels. I only endorse businesses, products and blogs that I truly support and do not formulate opinions based on financial compensation of any kind.

Please note that I am not responsible for the actions of my advertisers, affiliates, or sponsors. If you purchase a product or service based upon a link from my website, you must take action with that company to resolve any issues. Any product, claim, statistic, quote or other representation about a product or service should be verified with the manufacturer, provider or party in question.

Thank you for your support.

Effective Date: March 2016