Terms and Conditions of Use of The Aesthetics of Joy Online Programs
Last Updated on October 18, 2021
NOTICE: These Terms and Conditions of Use are legally binding. It is your responsibility to read these Terms and Conditions of Use carefully prior to purchase, use, or access of any of our products, including online courses. These Terms and Conditions apply to all The Aesthetics of Joy Online Programs, including Design a Joyful Home and the Joy Jumpstart.
Your Program Use and Consent When you purchased a Program from us, you were given a reasonable notice that these Terms existed. By moving forward with your purchase of the Program and further access of the Program, you agreed and continue to agree to abide by these Terms as well as any disclaimers and privacy disclosures contained in these Terms. You agree you are at least 18 years old or of legal age in your applicable jurisdiction to access the Program. Access of our Program(s) and related materials by a minor is a violation of use, and we reserve the right to terminate your access if such an issue is discovered.
License(s) Subject to and in accordance with these Terms and other guidelines or instructions we include in the Program, we grant you a limited, non-transferable, non-sublicensable, non-exclusive, revocable license (“License”) to make individual use of the Program, including any programs purchased by you. Your purchase of any Program only entitles you to view that Program in accordance with the foregoing License, and is not a purchase of the software or content constituting or included in the Program. More specifically, unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Program(s). You may, however, download and/or print one copy of the individual pages of the Program for your individual use, provided that you keep intact all copyright and other proprietary notices. The License is for individual use. You may not assign or transfer any of your rights or obligations under this Section or these Terms to any person or entity and any attempt to do so is void. We reserve the right to terminate your access to the Program at any time if we find that you have violated these Terms. We will make every attempt to notify you of any violation of these Terms and give you an opportunity to remedy the violation. However, if you fail to remedy the violation or continue to Violate the Terms, we will terminate your access to the Program with no refund of fees.
Fees and Refunds Fees. Fees for Programs are set forth on the Website. We reserve the right to change Program Fees at any time.
Refunds. Due to the digital nature of our Programs, we do not offer refunds on instant-access programs or workbooks (this includes the Joy Jumpstart). All sales of such programs are final.
For Design a Joyful Home, we offer a 14-day refund period for students who feel that, despite their best efforts, the program has not enabled them to be successful in meeting the learning objectives of the course. In order to qualify for a refund, you must submit completed coursework from the first two modules to show that you did the work in the course and that you did not get the results you were seeking.
In the event that you decide your purchase was not the right decision for you, within 14 days of enrollment, contact our team at [email protected] and let us know you’d like a refund. You must include your coursework with your request for a refund. If you request a refund and do not include your coursework by the 14th day at 11:59 EST, you will not be granted a refund. All refunds are discretionary as determined by The Aesthetics of Joy.
We will NOT provide refunds more than 14 days following the date of purchase. After day 14, all payments are non-refundable and you are responsible for full payment of the fees for the program regardless if you complete the program.
Please note: If you opted for a payment plan and you do not request a refund within 14 days, and attach the required complete coursework as outlined above, you are required by law to complete the remaining payments of your payment plan.
Recurring Payments. If you have signed up for a payment plan, you hereby authorize our continued access to your financial information stored by our third party financial processing company referenced in this Agreement until your payment plan is complete, as set forth in your acceptance of the purchase terms upon checkout.
Late Payments. If payments are not made on time, you agree to pay interest on all past-due sums at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater.
Chargebacks. You agree to make every attempt to request a refund prior to attempting a chargeback with your financial institution. In the event of a chargeback attempt, you expressly agree to forfeit any and all of our bonuses, affiliate bonuses or other materials afforded to you in exchange for your original purchase of our Course. We reserve the right to present proof of your access and these Terms to the financial institution investigating the dispute.
Termination You have the unilateral right to terminate your use and access to any of our Course(s). Please send an email to [email protected] to initiate this process. Termination will not excuse you of further payment. Upon confirmation of your termination, any and all outstanding balances will become immediately due and payable. Any existing balance that remains after 14 days from the date of termination will be sent to a collections agency, and you agree to be responsible for any additional charges, fees or costs associated with such a collection effort, including but not limited to reasonable attorney’s fees and court costs.
Intellectual Property You agree that the Site itself, as well as all content, videos, training materials, products, services and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Peachy LLC d/b/a The Aesthetics of Joy, (the “Company”) and are the property of the Company and/or its third party providers. All images, text, designs, graphics, page layout, icons, videos, logos, taglines, trademarks and service marks are owned by and the property of The Aesthetics of Joy or the properly attributed party. It is a violation of federal law to use any of our intellectual property in whole or in part, and modification of any materials contained on provided in the Program is illegal and may be prosecuted to the fullest extent permissible should we choose to do so, including seeking financial penalties (damages) and/or an injunction forcing you to stop using our intellectual property immediately.
You may not:
Trademarks. Nothing contained in this Agreement or in the Site shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of the Company or third party owner. **The following are registered or pending trademarks of The Aesthetics of Joy and You shall not use them in any way that is defamatory, confusingly similar to Our products or in a manner that We deem otherwise inappropriate or offensive at Our discretion: The Aesthetics of Joy
Request for Permission to Use Content. If you wish to use, publish or refer to any of our content, Program(s) or related materials, you must do so by requesting permission prior to commencing use of the same by email us at [email protected]. Permission is not granted until you receive such permission in writing.
Civil and Criminal Penalties. Even though our Programs are not physical property, you can be charged with theft or other face civil or criminal penalties if you copy, steal, infringe or otherwise violate these Terms. We reserve the right to prosecute infringers to the fullest extent allowed by criminal or civil statute in any jurisdiction allowed. You explicitly consent to personal jurisdiction in New York by opting into or purchasing any Program or accessing its related communications and/or materials.
Your Materials and Contributions. By submitting a comment, photo, video or other material(s) onto any website or platform owned or maintained by us, including but not limited to the online software platforms that we use to distribute our Program and related materials, you agree that we have a non-revocable, commercial license to republish your submission in whole or in part unless you explicitly state that we may not do so with said submission. You have no right to privacy by accessing our Program(s) or related materials, and we reserve the right to disclose your participation in the same. The Company shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
Model Release. You must own the copyright to any image(s) you use in our Program or related materials. You grant us a commercial license to any image(s) you submit to us by default, such as a Facebook profile photo or other profile image you voluntarily provide in accessing the Program, or that you provide voluntarily upon our request. Such a default or voluntary release of your image and likeness may be used for any reasonable future business use.
Notification of Use. We are not obligated to notify you or anyone of our use in our own publications of photographs or other images that you submit to us by default or voluntarily.
Security and Assumption of Risk Security. The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using the Site. Use of the Site is completely at your own risk. It is your responsibility to secure your username and password from theft or any other means of unauthorized use that would violate these Terms and Conditions of Use. We do not store any whole credit card numbers or payment information, and instead, these are processed through third party processors such as Stripe or Paypal. By utilizing these payment processors to gain access to the Program, you indemnify us and instead assume any and all risk or liability for the security of the payment details, and agree to be bound by the third party payment processor’s applicable terms and conditions of use.
Confidentiality. You have no right to confidentiality unless otherwise explicitly stated, such as in a subsequent client agreement, or otherwise implicitly agreed upon as mandated by law or fiduciary duty.
Assumption of Risk. By accessing our Program(s) and/or related materials, whether paid or unpaid, you assume all the risk of your access and any subsequent actions you choose to take as a result of the influence, information or educational materials provided to you.
When you register with the Company and/or this Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
Disclaimers General Disclaimer. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our Program(s), including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits, loss of contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. We are not medical, legal, financial or other professionals, or if we are, during the terms of this Program and related material(s), we are not offering our professional services and you expressly agree we are not acting in any professional capacity, including medical, legal, financial or otherwise during the term of this Program. This Program is for educational and entertainment purposes only. None of the Program or its related material(s) should be construed as medical, legal, financial advice.
Earnings Disclaimer. While we may reference certain results, outcomes or situations on this website or its related communications, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements. You agree that you understand that individual outcomes will vary. We cannot guarantee your success merely upon access, purchase or completion of our Course(s). Any results you see are not guaranteed or typical.
Third Party Disclaimer. You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any participant or user of our Course(s), including you. Warranties Disclaimer. WE MAKE NO WARRANTIES AS TO OUR PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS. YOU AGREE THAT PROGRAMS, PRODUCTS, SERVICES, COURSES OR PROGRAM MATERIALS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE PROGRAMS, PRODUCTS, SERVICES, COURSES, OR PROGRAM MATERIALS WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE WEBSITE OR CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR PROGRAM, PRODUCT, SERVICES, COURSES OR PROGRAM MATERIALS IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
Technology Disclaimer. We make reasonable efforts to provide you with modern, reliable technology, software and platforms from which to access our Program(s) and related material(s). However, in the event of a technological failure, you accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as Kajabi, where We host our programs. Errors and Omissions. This website is updated on a regular basis, and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up-to-date. If you should see any errors or omissions and would like to let us know, please notify us at [email protected]
Indemnification, Limitation of Liability and Release of Claims Indemnification. You agree at all times to indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Program(s).
Limitation of Liability. The Aesthetics of Joy and its affiliates, officers, employees, agents, partners, and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill, use of data or other intangible losses, resulting from or incurred in connection with your use of our Program(s). We do not assume liability for any third party conduct, accidents, delays, harm or other detrimental or negative outcomes as a result of your access of our Program(s) and related material(s).
Dispute Resolution. You agree to notify the Company of any concerns or issues regarding the Program, and to give the Company an opportunity to resolve those concerns or issues. If you and our Company cannot find a resolution to a dispute or potential claim by means of good-faith negotiation, then you explicitly agree to make a reasonable attempt to resolve any such dispute through Alternative Dispute Resolution or Mediation before filing a civil cause of action. If a civil cause of actions is filed by or against the Company related to the Program(s), the laws of New York shall apply.
Non-Disparagement. If you are found to be slandering, libeling or otherwise disparaging our Company, Program(s) or related materials, you will be immediately removed from the Program(s) and any related communications. We reserve the right to file a civil claim of action against you for any such damaging actions you take that materially harm our Company.
Miscellaneous All Rights Reserved. All rights not expressly granted in these Terms and Conditions of Use or express written here are reserved by Company.