Terms and Conditions

BY VISITING WWW.JOYKENDLE.COM, YOU ARE CONSENTING TO OUR TERMS AND CONDITIONS. 

OVERVIEW 

The terms “we,” “us,” and “our” refer to JOY ELIZABETH CONSULTING LLC. The term the “Site” refers to WWW.JOYKENDLE.COM. The terms “user,” “you,” and “your” refer to site visitors, customers,  and any other users of the site. 

(Blog posts, digital products or services, coaching calls, physical products for purchase) (the “Service”). 

Use of WWW.JOYKENDLE.COM, including all materials presented herein and all online services  provided by JOY ELIZABETH CONSULTING LLC, 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 [blog posts, digital products or services, coaching calls, physical products for purchase] and  other information are subject to change. Joy Elizabeth Consulting LLC makes no representation or  warranty that the information provided, regardless of its source (the “Content”), is accurate, complete,  reliable, current, or error-free. Joy Elizabeth Consulting LLC disclaims all liability for any inaccuracy,  error, or incompleteness in the Content. 

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 Joy Elizabeth Consulting LLC 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 unauthorized 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, libelous, 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 offense, 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. 

ORDER CONFIRMATION

We will email you to confirm the placement of your order and with details concerning product delivery.  In the event that there is an error in this email confirmation, it is your responsibility to inform us as  soon as possible. 

CANCELLATIONS, REFUNDS & RETURNS

(INSERT YOUR REFUND POLICY, FOR EXAMPLE, NO RETURNS WILL BE ACCEPTED 14 DAYS AFTER  PURCHASE, ETC.) 

PRODUCT DESCRIPTION 

We endeavor 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. 

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 Joy Elizabeth Consulting LLC.  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 Joy Elizabeth Consulting LLC remains yours to the  extent that you have any legal claims therein. You agree to hold Joy Elizabeth Consulting LLC 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 Joy Elizabeth Consulting LLC, 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, JOY ELIZABETH CONSULTING LLC 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, UNAUTHORIZED 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 [INSERT YOUR COMPANY NAME]  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 [INSERT YOUR COMPANY NAME]’S  CUMULATIVE LIABILITY TO YOU EXCEED THE TOTAL PURCHASE PRICE OF THE  SERVICE YOU HAVE PURCHASED FROM JOY ELIZABETH CONSULTING LLC, AND IF NO  PURCHASE HAS BEEN MADE BY YOU JOY ELIZABETH CONSULTING LLC’S 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 Joy Elizabeth Consulting LLC. 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 defense, 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 defense without our prior written  consent. 

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 Joy Elizabeth Consulting LLC  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 Joy Elizabeth Consulting LLC 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 Joy Elizabeth Consulting LLC. 

NOTICES 

All notices, requests, demands, and other communications under this Agreement shall be in writing and  properly addressed as follows: 

8720 CLOUDYWAY DR. FORT WORTH, TX 76123

JOYKENDLE523@GMAIL.COM

GOVERNING LAW; VENUE; MEDIATION 

This Agreement shall be construed in accordance with, and governed by, the laws of the State of Texas as applied to contracts that are executed and performed entirely in Texas. The  exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall  be Tarrant County Texas. The parties agree to attempt to resolve any dispute,  claim, or controversy arising out of or relating to this Agreement by mediation, which shall be  conducted under the then current mediation procedures of The CPR Institute for Conflict Prevention &  Resolution3 or any other procedure upon which the parties may agree. The parties further agree that  their respective good faith participation in mediation is a condition precedent to pursuing any other  available legal or equitable remedy, including litigation, arbitration, or other dispute resolution procedures. 

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. 

SEVERABILITY

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, sublicensable, or otherwise transferable by you.  Any transfer, assignment, delegation, or sublicense by you is invalid. Updated: (JULY 2021)