Terms
and
Policies

PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT APPLY TO YOU.

Terms of Use

These terms of use govern your use of this site, which is provided by Jolly Productions, Inc AKA “our,” “we,” “us”, or “The Company.” Also the terms; Session, Consultation AKA “Session” or “Consultation” refer to the confidential time spent between ONLY those formally and contractually admitted to the time spent with an facilitator or employee or agent of the Company, most commonly shared in the structure of an appointment. The term “Hacking” represents any attempt to breach the security of the site for any and all reasons, intended, legal or not.

By accessing this site, WestonJolly.com and any of our other sites; AgeofAwareness.com, SedonaNaturally.com, NaturallySedona.com, HelplessRomantic.com (the “Websites”) you are indicating your acknowledgment and acceptance of these terms of use. These terms of use are subject to change by our company at any time at our discretion. Your use of this site after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these terms of use regularly.

Access to this site:

You agree to use this site only for the lawful purposes described in more detail in the “Restrictions on Use” section below. You agree not to take any action that might compromise the security of the site, (e.g. “Hacking”) render the site inaccessible to others or otherwise cause damage to the site or the Content. You agree not to add to, subtract from, or otherwise modify the Content, or to attempt to access any Content that is not intended for you. You agree not to use the site in any manner that might interfere with the rights of third parties. To access this site or some of the resources it has to offer, you may be asked to provide certain registration details or other information. It is a condition of your use of this site that all the information you provide on this site will be correct, current, and complete. If our Company believes the information you provide is not correct, current, or complete, we have the right to refuse you access to this site or any of its resources, and to terminate or suspend your access at any time, without notice.

Restrictions on use:

This site is provided solely for non-commercial, personal use, and/or so that you may learn about our Company and the services we provide. You may not use this site for any other purpose, including any commercial purpose, without our Company’s express prior written consent. For example, you may not (and may not authorize any other party to) (i) market or incorporate this site, or (ii) frame this site, or (iii) hyperlink to this site, without the express prior written permission of an authorized representative of our Company.

Proprietary information:

Registered User Content; Licenses

As noted above, the Websites provides Registered Users the ability to post and upload Registered User Content. You expressly acknowledge and agree that once you submit your Registered User Content for inclusion into the Websites, it will be accessible by others, and that there is no confidentiality or privacy with respect to such Registered User Content, including, without limitation, any personally identifying information that you may make available. YOU, AND NOT THE COMPANY, ARE ENTIRELY RESPONSIBLE FOR ALL YOUR REGISTERED USER CONTENT THAT YOU UPLOAD, POST, EMAIL, OR OTHERWISE TRANSMIT VIA THE WEBSITES.

You retain all copyrights and other intellectual property rights in and to your own Registered User Content. You do, however, hereby grant us and our sublicensees a non-exclusive, royalty-free, freely sublicensable, perpetual license to modify, compile, combine with other content, copy, record, synchronize, transmit, translate, format, distribute, publicly display, publicly perform, and otherwise use or exploit (including for profit) your Registered User Content and all intellectual property and moral rights therein throughout the universe, in each case, by or in any means, methods, media, or technology now known or hereafter devised. You also grant us and our sublicensees the right, but not the obligation, to use your Registered User Content, your Sign-In Name, name, likeness, and photograph in connection with any use of the related Registered User Content permitted by the previous sentence and/or to advertise and promote the Company’s Websites and our products and services. Without limiting the foregoing, you acknowledge and agree that uses of your Registered User Content, name, likeness, and photograph permitted by the foregoing rights and licenses may include the display of such Registered User Content, name, likeness, and photograph adjacent to advertising and other material or content, including for profit.

If you submit Registered User Content to us, each such submission constitutes a representation and warranty to The Company that such Registered User Content is your original creation (or that you otherwise have the right to provide the Registered User Content), that you have the rights necessary to grant the license to the Registered User Content under the prior paragraph, and that it and its use by The Company and its content partners as permitted by this Agreement does not and will not infringe or misappropriate the intellectual property or moral rights of any person or contain any libelous, defamatory, or obscene material or content that violates our Community Guidelines.

Communications

With respect to all communications you send to us, including, but not limited to, feedback, questions, comments, suggestions, and the like, we shall be free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose whatsoever, including but not limited to, the development, production, and marketing of products and services that incorporate such information without compensation or attribution to you. Do not email us any content that contains confidential information.

Trademarks

The material and Content accessible from this site, and any other web-site owned, operated, licensed, or controlled by our Company is the proprietary information of our Company or the party that provided the Content to our Company, and our Company or the party that provided the Content to our Company retains all right, title, and interest in the Content. Accordingly, the Content may not be copied, distributed, republished, uploaded, posted, or transmitted in any way without the prior written consent of our Company, or unless authorized in writing elsewhere on our site, except that you may print out a copy of the Content solely for your personal use. You are prohibited from using any of the marks or logos appearing throughout the site without the express written permission of our Company.

Copyrights

This site and its Content are protected by U.S. and/or foreign copyright laws, and belong to the Company or its partners, affiliates, contributors or third parties. The copyrights for the Content are owned by the Company or other copyright owners who have authorized their use on this site. You may download and reprint Content for non-commercial, non-public, personal use only (If you are browsing this site as an employee or member of any business or organization, you may download and re-print Content only for educational or other non-commercial purposes within your business or organization, except as otherwise permitted by the Company, for example in certain password-restricted areas of the site). You may not manipulate or alter in any way images or other Content on the site.

Hyperlinks

This site may be hyper-linked to other sites which are not maintained by, or related to, our Company. The inclusion of any hyperlink to a third-party site does not imply endorsement, sponsorship or recommendation by our Company of that site. As you leave our Company’s web site(s) you are subject to the rules and conditions of the linked site(s).

Submissions

You hereby grant to our Company the royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display all content, remarks, suggestions, ideas, graphics, or other information communicated to our Company through this site (together, hereinafter known as the “Submission”), and to incorporate any Submission in other works in any form, media, or technology now known or later developed. Our Company will not be required to treat any Submission as confidential, and may use any Submission in its business (including without limitation, for products or advertising) without incurring any liability for royalties or any other consideration of any kind, and will not incur any liability as a result of any similarities that may appear in future Company operations. By making a Submission, you are guaranteeing to us that you have the legal right to post the content in the Submission and that it will not violate any law or the rights of any person or entity. Our Company will treat any personal information that you submit through this site in accordance with its Privacy Policy as set forth on this site.

Downloading material

You understand that our Company cannot and does not guarantee or warrant that files available for downloading from the Internet will be free of viruses, worms, Trojan horses or other code that may manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to this site for the reconstruction of any lost data. Our Company does not assume any responsibility or risk for your use of the Internet.

Disclaimer

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY COMPANY AND ANY THIRD-PARTY SITES 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 AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, 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 THE SITE OR MATERIALS ON THIS SITE OR ON THIRD-PARTY SITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

THIS SITE PUBLISHES BLOGS, PODCASTS, AND OFFERS INFORMATION FOR GENERAL EDUCATIONAL PURPOSES ONLY.

IN PERSONAL PRIVATE CONSULTATIONS/SESSIONS/OR IN THE SEMI-PUBLIC FORUM OF PRESENTATIONS OR EVENTS OR PUBLICLY VIA RADIO, TELEVISION OR THE INTERNET AS BROADCAST PLATFORM, IT IS THE INDIVIDUAL RESPONSIBILITY OF ANY AND ALL PARTICIPANTS TO DETERMINE THEIR FREE WILL CHOICE TO FOLLOW ANY ADVICE PROVIDED, IMPLIED OR OTHERWISE STATED, IT IS YOUR CONSTITUTIONAL RIGHT TO DO SO UNDERSTANDING THAT THE THE FACILITATOR, ASSOCIATE AND/OR ANY INDIVIDUAL OR THE COMPANY HAS NO ASSUMED OR IMPLIED RESPONSIBILITY WHATSOEVER FOR ANY OF YOUR ACTIONS. FURTHER, THE COMPANY AND/OR ANY OF ITS FACILITATOR’S ARE NOT LICENSED MEDICAL OR MENTAL OR PHYSICAL PRACTITIONERS AND THEREFORE DOES NOT DIAGNOSE PARTICIPANTS NOR DISPENSE ANY MEDICAL OR PSYCHOLOGICAL ADVICE NOR PRESCRIBE THE USE OF ANY TECHNIQUE AS A FORM OF TREATMENT FOR ANY PHYSICAL, MENTAL OR EMOTIONAL PROBLEMS OR ILLNESS WITHOUT THE ADVICE OF A PHYSICIAN EITHER DIRECTLY OR INDIRECTLY.YOU SHOULD NOT RELY ON ANY INFORMATION AS A SUBSTITUTE FOR, NOR DOES IT REPLACE, PROFESSIONAL MEDICAL ADVICE, DIAGNOSIS, OR TREATMENT. IF YOU HAVE ANY CONCERNS OR QUESTIONS IN ANY OF THESE AREAS, IT IS THE COMPANY’S POSITION, THAT YOU SHOULD CONSULT WITH A LICENSED PROFESSIONAL, PHYSICIAN OR OTHER HEALTH-CARE PROFESSIONAL. FURTHER, IT IS NOT ENCOURAGED, FOR YOU TO DISREGARD, AVOID OR DELAY OBTAINING MEDICAL OR HEALTH RELATED ADVICE FROM YOUR HEALTH-CARE PROFESSIONAL BECAUSE OF SOMETHING YOU MAY HAVE READ ON THIS SITE. THE USE OF ANY INFORMATION PROVIDED ON THIS SITE IS SOLELY AT YOUR OWN RISK.NOTHING STATED OR POSTED ON THIS SITE OR AVAILABLE THROUGH ANY SERVICES ARE INTENDED TO BE, AND MUST NOT BE TAKEN TO BE, THE PRACTICE OF MEDICAL OR COUNSELING CARE. FOR PURPOSES OF THIS AGREEMENT, THE PRACTICE OF MEDICINE AND COUNSELING INCLUDES, WITHOUT LIMITATION, PSYCHIATRY, PSYCHOLOGY, PSYCHOTHERAPY, OR PROVIDING HEALTH CARE TREATMENT, INSTRUCTIONS, DIAGNOSIS, PROGNOSIS OR ADVICE. IF THE COMPANY AND/OR ANY OF ITS FACILITATORS, EMPLOYEES OR ASSOCIATES REFERS AN INQUIRY TO ANOTHER COMPANY AND/OR PERSON IT IS DONE WITHOUT ENDORSEMENT AND THE INDIVIDUAL INQUIRING SHOULD CONTINUE TO USE ALL PHYSICAL AND/OR BUSINESS RESOURCES AVAILABLE TO THEM VIA THE PUBLIC DOMAIN TO OTHERWISE DETERMINE THE FEASIBILITY, INCLUDING INTUITIVE GUIDANCE, IN WORKING WITH ANY SUCH REFERRALS. FURTHER, THE COMPANY NOR ITS OWNERS, OFFICERS, DIRECTORS, EMPLOYEES, SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, CONTENT PROVIDERS AND AGENTS ARE FINANCIAL ADVISERS AND NOTHING CONTAINED ON THE SITE IS INTENDED TO BE OR TO BE CONSTRUED AS FINANCIAL ADVICE. COMPANY IS NOT AN INVESTMENT ADVISORY SERVICE, IS NOT AN INVESTMENT ADVISER, AND DOES NOT PROVIDE PERSONALIZED FINANCIAL ADVICE OR ACT AS A FINANCIAL ADVISOR. THE SITE EXISTS FOR EDUCATIONAL PURPOSES ONLY.

Limitation on liability

The Company, Facilitator’s, its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors will not be liable for any incidental, direct, indirect, punitive, actual, consequential, special, exemplary, or other damages, including loss of revenue or income, pain and suffering, emotional distress, or similar damages, even if company has been advised of the possibility of such damages. in no event will the collective liability of company and its subsidiaries, affiliates, licensors, service providers, content providers, employees, agents, officers, and directors, to any party (regardless of the form of action, whether in contract, tort, or otherwise) exceed the greater of $100 or the amount you have paid to company for the applicable content, product or service out of which liability. Any and all reference to “Facilitator” or “Session Provider” is that of an employee of the Company and NOT as an individual (i.e. Weston Jolly).

Indemnity

You will indemnify and hold Company, Facilitator’s, its subsidiaries, affiliates, licensors, content providers, service providers, employees, agents, officers, directors, and contractors (hereinafter known as the “Indemnified Parties”) harmless from any breach of these Terms of Use by you, including any use of Content other than as expressly authorized in these Terms of Use. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and attorney’s fees of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from this site.

Information you provide

You may not post, send, submit, publish, or transmit in connection with this site any material that:

  1. Any piece, part or in-full; any written transcript, digital, audio or video provided for the exclusive use of the individual or couple in conjunction for a Session. (“Session” to include all types, but not limited to; private, personal, couples, business, family, etc.) without explicit formal written permission from the Company or offered to Visitors of the site or within the Members area of the site.
  2. You do not have the right to post, including proprietary material of any third party
  3. Advocates illegal activity or discusses an intent to commit an illegal act
  4. Is vulgar, obscene, pornographic, or indecent
  5. Does not pertain directly to this site
  6. Threatens or abuses others, libels, defames, invades privacy, stalks, is obscene, pornographic, racist, abusive, harassing, threatening or offensive
  7. Seeks to exploit or harm children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
  8. Infringes any intellectual property or other right of any entity or person, including violating anyone’s copyrights or trademarks or their rights of publicity
  9. Violates any law or may be considered to violate any law
  10. Impersonates or misrepresents your connection to any other entity or person or otherwise manipulates headers or identifiers to disguise the origin of the content
  11. Advertises any commercial endeavor (e.g., offering for sale products or services) or otherwise engages in any commercial activity (e.g., conducting raffles or contests, displaying sponsorship banners, and/or soliciting goods or services) except as may be specifically authorized on this site
  12. Solicits funds, advertisers or sponsors
  13. Includes programs which contain viruses, worms and/or Trojan horses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications
  14. Disrupts the normal flow of dialogue, causes a screen to scroll faster than other users are able to type, or otherwise act in a way which affects the ability of other people to engage in real time activities via this site
  15. Includes MP3 format files
  16. Any business opportunities, such as Multi-Level or any such similar scheme
  17. Disobeys any policy or regulations established from time to time regarding use of this site or any networks connected to this site
  18. Contains hyper-links to other sites that contain content that falls within the descriptions set forth above

Although under no obligation to do so, our Company reserves the right to monitor use of this site to determine compliance with these Terms of Use, as well as the right to remove or refuse any information for any reason. Notwithstanding these rights, you remain solely responsible for the content of your Submissions. You acknowledge and agree that neither Company nor any third party that provides Content to Company will assume or have any liability for any action or inaction by Company or such third party with respect to any Submission.

Security

Any passwords used for this site are for individual use only. You will be responsible for the security of your password (if any). Company will be entitled to monitor your password and, at its discretion, require you to change it. If you use a password that Company considers insecure, Company will be entitled to require the password to be changed and/or terminate your account. You are prohibited from using any services or facilities provided in connection with this site to compromise security or tamper with system resources and/or accounts. The use or distribution of “Hacking” tools or methods designed to compromise security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, Company reserves the right to release your details to system administrators at other sites in order to assist them in resolving security incidents and the any governing Federal or State Authority. Company reserves the exclusive right to investigate suspected violations of these Terms of Use. Company reserves the right to fully cooperate with any law enforcement authorities or court order requesting or directing Company to disclose the identity of anyone posting any e-mail messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. By accepting this agreement you waive and hold harmless company from any claims resulting from any action taken by company during or as a result of its investigations and/or from any actions taken as a consequence of investigations by either the company or law enforcement authorities.

Claims of copyright infringement

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under the U.S. copyright law. If you believe in good faith that materials hosted by COMPANY infringe your copyright, you, or your agent may send to COMPANY a notice requesting that the material be removed or access to it be blocked. Any notification by a copyright owner or a person authorized to act on its behalf that fails to comply with requirements of the DMCA shall not be considered sufficient notice and shall not be deemed to confer upon COMPANY actual knowledge of facts or circumstances from which infringing material or acts are evident. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send to COMPANY a counter-notice. All notices and counter notices must meet the then current statutory requirements imposed by the DMCA; see https://www.loc.gov/copyright for details.

Dispute Resolution

These Terms of Use shall be governed by and construed in accordance with the laws of the State of laws of ARIZONA, United States of America, If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

Class Action Waiver

You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

Confidentiality of Services

All services provided are done so with the highest professional standard of confidentiality regardless of the type of service requested. Therefore, all Sessions are strictly confidential. Everything discussed is considered private and confidential and exclusive to those direct participants in the appointment or dialog.  You may individually chose to share any part of the content of the session, (i.e. Significant Other, Dad, Mom, Sister, Brother, Boss, etc…) via the digital recording or of your own words, however the facilitator will not respond to any outside inquiries. However, this does not mean that any other person, (i.e. Significant Other, Dad, Mom, Sister, Brother, Boss, etc…) has the right to publicly share this information.  All such information, including the digital recording, is the property of The Company and can not be transferred or published.

Further, it is agreed by both parties, that Sessions are NOT to be; published, shared, broadcast in any form in mass due to the very private nature of the Session.  This includes but is not limited to audio, video or recordings of any kind.

Recording

There is to be NO recording of any event. For those creating a personal session an audio recording, should it be desired, will be offered, if available, at the time of the appointment. For those private appointments that are recorded, we do not guarantee that the digital recording will be audible, fully intact, usable, or arrive at the client’s address when sent by mail. Each complimentary digital recording will be provided by the Company marked with its services disclosure. We can not be responsible for, nor issue refunds for, defective, damaged, or lost digital recordings. NO refunds will be offered for recordings requested by not provided by The Company.

Payment for Services

The Company accepts money orders, cash and via Third Party Vendors such as, but not limited to; Stripe, PayPal, ApplePay. Payment will be processed before the appointment date. Payment for services is required prior to the session appointment therefore it is necessary for cash and/or money orders to be received before the appointment date/time. (All products and services are offered in US Dollars) No refunds are offered for any Sessions.

Session Cost

In person, as is customary, all payments for individual services are paid before the session. The cost of any Type of Session is published under Sessions under the website.  (The cost of any type of Session can be changed unilaterally by the Company at it’s individual and exclusive decision but all costs will always be publicly posted. Please check the Sessions part of the website frequently for any such changes.) Sessions are always booked in one hour increments. Occasionally, a participant may find that they want “a little more time” during a session. In such cases, and ONLY when the facilitator has availability, does the participant understand and agree that additionally session time will be booked in half-hour increments. For example, a session that goes over fifteen minutes will be charged for the half-hour.

All sessions are provided in one-hour increments. Any, “extra” time provided will be billed in half-hour increments, regardless of the actual time.

Telephone/Email/Faxes/Letters – As is customary, all payments for remote services are paid in full prior to the time of appointment.

In-Person Sessions – As is customary, all payments for services are paid in full prior to the time of appointment.

Seminars/Event Cost

As is customary, all payments for such services are paid in full prior to the time of meeting date. Prices to be announced at each seminar or workshop. — Check out upcoming Events with Weston Jolly .

Refunds/Cancellations &: Other

This policy statement stated herein supersedes any and all other correspondence or “previous understanding” oral or otherwise provided to customer by Company

Services

Consultation or Sessions are fully completed when: a) A session has gone on for fifteen minutes or b) the Company Facilitator and/or associate asks there is any further questions, and the client indicates “No,” even if the full time has not yet elapsed.

Refunds are available for sessions if and only if: a) The Company cancels or changes the appointment or b) The Company’s facilitator and/or associate cannot perform the service or c) The Company’s facilitator and/or associate refuses to complete the service. The Company’s facilitator and/or associate has the right to terminate such services at individual discretion.  No other refunds are offered.

Customer Cancellation of In-Person Consultation or Session

Cancellation of in-person appointments or Sessions, must be at least three business days prior to the scheduled appointment time or a 100% forfeiture will be automatically charged with NO REFUND offered. There are no exceptions.

Seminars

Seminars less than $100

You will receive a confirmation via email or by whatever reasonable means if your registration is received 10 days prior to the seminar. For exact locations please see our Events.

Refund policy Refunds must be requested in writing no later than 10 days prior to the seminar. A $25 processing fee or 25% will be deducted -whichever is greater.

Seminars greater than $100

You will receive a confirmation in the mail, e-mail or by whatever reasonable means if your registration is received 10 days prior to the seminar. For exact locations and deposit amounts please see our Events. You will be required to send a non-refundable deposit, to be determined from event to event, to reserve your place – full payment is due 14 days prior to the Event Presentation date.  Any non-refundable deposits that are sent to the Company, in which total payment is not fulfilled on/before the event date, are automatically forfeited.  No exceptions.

Refund policy. Refunds must be requested in writing no later than 20 days prior to the seminar. The non-refundable deposit will not be refunded.

Event Cancellation (as totally, or 100%, sponsored by The Company)

In the unforeseen event that a cancellation of a Program (i.e. Workshop, Event or Retreat) is required and determined exclusively by administrators the Company, at their sole discretion for reasons of but not limited to; weather, health, safety, events out of their control, or not enough guests showing interest or registering, etc…, then individual participants of the intended event will be totally responsible for any and all of their own direct or unrecoverable costs. Including but not limited; Customer travel costs, work-time loss, lost opportunities, etc… Naturally, full refunds, limited again only to the registration fee, will be extended by the Company for any Company canceled event. Therefore, it is always recommended that participants consider using travel insurance as a means to reduce or limit any risk in making reservations or traveling to an Event, Workshop or Retreat. Such refunds are normally processed within 15 working days after program cancellation. Programs not sponsored in entirety (100%) by The Company, Customers will then need to contact the customer service person or the department for the Company’s Program Sponsor. (i.e. The sponsoring bookstore, event promoter, Agent, etc…)

Books or CD’s (Hard Copy Products)

Our return policy is simple. Within 30 days of receipt of your order, purchased directly from WestonJolly.com you may return

Any book in its original condition. Any unopened CD, DVD or Hard Copy Product)

And any other merchandise in “new” condition, with its original packaging and accessories for a full refund excluding shipping and handling costs. Please note that we can process returns and refunds only for items purchased directly from the Company and or its Web-Site(s) i.e. WestonJolly.com.

Any and all return shipping costs and liabilities are the responsibility of the client. Sorry we will not accept returns shipped C.O.D.

Digital Products (PDF books and all other types of digital files)

All digital products are not available for a refund of any kind due to the nature of the product. 

Controlling Law

This Agreement and any action related thereto will be governed by the laws of the State of Arizona without regard to its conflict of laws provisions.

Binding Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY

(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and The Company are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing in the county of The Company’s billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties, within the County of the Company’s billing address, with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by The Company. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse The Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and The Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and The Company

(d) Jury Trial Waiver. You and The Company waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and The Company elect to have claims and disputes resolved by arbitration. In any litigation between you and The Company over whether to vacate or enforce an arbitration award, you and The Company waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND The Company AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor The Company are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth below.

(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor The Company can force the other to arbitrate. To opt-out, you must notify The Company in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your The Company account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement.

(g) Small Claims Court. Notwithstanding the foregoing, either you or The Company may bring an individual action in small claims court.

(h) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with The Company

Equitable Relief

You acknowledge and agree that in the event of a breach or threatened violation of our intellectual property rights and confidential and proprietary information by you, we will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. We may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect our rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Arizona for purposes of any such action by us.

Severability

If any clause within the Terms of Service is found to be illegal or unenforceable, that clause will be severed from the Terms of Service, and the remainder of these Terms of Service will be given full force and effect. If the Class Action Waiver clause is found to be illegal or unenforceable, the dispute will be decided by a court.

FOR ONLINE COURSES

You are purchasing access for one (1) person to any Jolly Productions, Inc. on-line course AKA “Program” from Jolly Productions, Inc. AKA “our,” “we,” “us”, or “The Company.”  Any one (1)   Member AKA “Member” can sign up for The Company’s Online Courses.

You must be at least 13 years of age or older to purchase access to the Program. Children under the age should review this Agreement with their parent or legal guardian.

The Program includes live course access, course content and materials, other information and materials furnished by the Company (collectively, “Content”) and access to a website for members of the Program (the “Site”). By purchasing access to the Program, you and the Company hereby agree to these Terms and Conditions of Purchase and the Company’s Terms of Use and Privacy Policy (collectively, this “Agreement”) following legal terms and conditions that govern your use of the Program and that form a legal agreement between you and the Company. In the event of any conflict between these Terms and Conditions of Purchase and the Terms of Use or Privacy Policy, these Terms and Conditions of Purchase shall control.

Payment Policy

You are responsible to pay for the Program in-full (100% of total cost/tuition including all applicable sales and other taxes or fees) and for providing us payment using Third Party Payment vendors such as, but not limited to; Stripe, PayPal and ApplePay or other payment method. If you select the payment plan, your card will be charged the first payment of $”X” USD, as stated precisely on the product order page, when you register and subsequent payments of $”Y” USD will be charged on the same day of the month for “Z” months, totaling $”A” amount as stated on the product order page in USD. If you have selected a payment plan and you miss a payment, your account status will be changed to “delinquent.” You will immediately lose access to future Modules and all your access to the Site and all Content will be revoked seven (7) days after your payment declines. You will also not receive access to future versions of the Program as it’s released until all payments are made in full.

As an example and for illustration only;

Assuming the  Company offers an “Online Course #1201”

  1. The client has the option to pay for the course in full for $2,500 in-full before the Online Course begins. (Total course cost in one payment.)
  2. The second option would be for a total of $2937. (Total course cost using installment payments.) If 11 monthly installments was offered, then the monthly amount due would be $267/mo.
  3. The total cost difference between making one single payment versus the total cost of installment payments is determined exclusively by The Company and may in fact differ from Online Course to Online Course.

If your account remains in delinquent status for longer than sixty (60) days, the Company reserves the right to report any delinquent balance owed to a credit reporting bureau and/or collections agency subject to the Company’s sole discretion until the account is caught up and in good standing.

IMPORTANT: Online Courses offered by The Company are NOT a “pay in part” program where you can pay only for access to certain Modules, Pieces or Parts and not others. This is a full-program, and your payment plan is a convenience that we offer so that you can make the price sustainable.

Intellectual Property

You agree that the Program contains proprietary Content that is owned by the Company and/or its licensors and is protected by copyright, trademark and other applicable intellectual property laws. Duplicating, sharing or uploading Product files to sharing sites is considered stealing, and the Company will prosecute such misconduct to the fullest extent permitted by law.

The Company provides you with the Program solely for your personal, noncommercial use, and you agree that you will not use such proprietary Content in any way whatsoever except for use in compliance with this Agreement. You will not use the Program or the Content available in the Product in a manner that constitutes an infringement of the Company’s rights or that has not been authorized in writing by the Company. More specifically, unless explicitly authorized in this Agreement, you may not modify, copy, reproduce, republish, upload, post, transmit, rent, lease, loan, 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. You may, however, from time to time, download and/or print one copy of individual pages of the Site for your personal, noncommercial use, provided that you keep intact all copyright, trademark, and other proprietary notices.

All copyrights in and to the Program (including the compilation of Content, postings, links to other internet resources, and descriptions of those resources) are owned by the Company and/or its licensors, which reserve all their respective rights in law or in equity. THE USE OF THE COMPANY’S Program, EXCEPT AS PERMITTED IN THIS AGREEMENT, IS STRICTLY PROHIBITED AND INFRINGES ON THE INTELLECTUAL PROPERTY RIGHTS OF THE COMPANY AND OTHERS AND MAY SUBJECT YOU TO CIVIL AND CRIMINAL PENALTIES, INCLUDING POSSIBLE MONETARY DAMAGES, FOR COPYRIGHT AND OTHER INFRINGEMENT.

Company trademarks, service marks, graphics, and logos used in connection with the Program are common law trademarks or registered trademarks of the Company. You are granted no right or license with respect to any of the aforesaid trademarks.

The Program includes access for one (1) person. Upon registration, you will receive one username, password, and member profile for use during the live course and in the private member section of the Site as well as the exclusive directory listing.

There is only one user per enrollment for each Online course offered by The Company. There are no exceptions.

Privacy and Confidentiality

The Program is subject to the Company’s Privacy Policy. The Company does not knowingly collect personal information from children under the age of 13 and does not wish to do so. The Company reserves the right to request proof of age so that it can verify that minors under the age of 13 are not using the Program.

We respect your privacy and must insist that you respect the privacy of other people that participate in the Program (or “Program Participants”).
By purchasing access to the Program, you agree:

  • not to infringe any copyright, patent, trademark, trade secret or other intellectual property rights of the Company or the Program Participants;
  • that any confidential information shared by The Company’s Online Course Participants or any of the Company’s representatives is confidential and proprietary and belongs solely and exclusively to the Participant who discloses it or to the Company;
  • not to disclose such confidential information to any other person or use it in any manner other than in discussion with other of the Company’s Online Course Participants during training sessions;
  • that all Content provided to you by the Company is the Company’s confidential and proprietary information and intellectual property, belong solely and exclusively to the Company, and may be used by you only as authorized by the Company;
  • the reproduction, distribution and sale of the Content by anyone other than the Company is strictly prohibited; and
  • that if you violate, or threaten to violate, any of your agreements contained in this paragraph we will be entitled to, among other things, injunctive relief to prohibit such violations.

While you are free to discuss your personal results from the Program and training, you must keep the experience and statements, oral or written, of all other participants in the strictest of confidence.

Member

You may sign up as a registered user of the Products free of charge (a “Member”). To become a Member you need to go to the relevant section of the Products, then submit your email address to us, and create a username and password to be used in conjunction with that email address. You are responsible for maintaining the confidentiality of your account and password and for restricting access to your Device.

In the course of your use of the Products, you may be asked to provide certain personalized information to us (such information is referred to hereinafter as “User Information”). This User Information may include information from your Facebook and similar social networking profiles. Our information collection and use policies with respect to the privacy of such User Information are set forth in the The Company. Privacy Policy. You acknowledge and agree that you are solely responsible for the accuracy and content of User Information, and you agree to keep it up to date.

As a Member, you warrant that: (i) You are legally capable of entering into binding contracts; (ii) All registration information you submit is truthful and accurate; (iii) You will maintain the accuracy of such information; and (iv) Your use of the Products does not violate any applicable law or regulation.

Once a Registered Member

You are responsible for maintaining the confidentiality of your account, password and other User Information and for restricting access to your Device to further help protect such information. You are responsible for updating your User Information.

“MEMBERSHIPS”

As a Member you will receive access to certain sections, features and functions of the Products that are not available to non-members. By agreeing to become a Member you opt-in to receiving occasional special offer, marketing, survey and Product based communication emails. You can easily unsubscribe from The Company commercial emails by following the opt-out instruction in these emails. The Company memberships and subscriptions are not transferable and therefore cannot be sold or exchanged or transferred in any way whatsoever.

“MEMBER” Community Rules

No Solicitation Within the The Company’s Online Course Member Area. The Company’s Online Course community is about learning. You are not permitted to offer your services, sell your programs or products or services, or invite The Company’s Online Course Participants to join other social networks, groups, or programs. This is a space for learning and is a pitch-free, solicitation-free and sales-free environment. Sharing affiliate links within the The Company’s Online Course Member Area is not permitted.

Your failure to comply with these terms will result in immediate termination of your participation in the The Company’s Online Course Program without refund.

Members Community Rules and Etiquette

(The less-legal version)

Be truthful.  Being truthful doesn’t mean being anything but being loving.  Nothing harsh, mean spirited or rude.

Kindness is the key.  Bullying, drama, manipulation or toxic energy will not be tolerated. This includes not only how we share with one another but also how we discuss others outside our forum.  If you’re mean or unethical, especially concerning different points of view, please don’t register to be a member of the community.

Offer yourself as you are, not the “pretense” of someone that you’re projecting. This includes false, or even fraud, misrepresentation.

Respect others privacy rights.  No taking private information, (i.e. emails and other personal information) outside the forum.  Violate this, on purpose or not, and you’ll be asked to leave.  This includes everything provided by Jolly Productions, Inc.

  • This community is all about sharing, but NOT about self-promotion.  If you have something to sell, do it OUTSIDE the community. No exceptions.
  • Warning if you can’t connect with others in the Community, comment and share without love, honor, grace and dignity we will close your access.

Third Party Websites

The Company may provide links to third-party materials and websites and establish a Facebook group as a convenience to you and other The Company’s Online Course Participants. These third-party materials and websites are not part of the The Company’s Online Course Program and they may be either withdrawn or terminated at any time without any liability on the part of the Company. You agree that you will be responsible for all payment and other obligations associated with your use of any and all third-party materials and websites. In addition, you agree that the Company is not responsible for examining and evaluating the content and accuracy of any third-party materials and websites, and the Company does not warrant and will not have any liability or responsibility for any third-party materials or websites or for any other materials, products, or services of third-parties. You further agree that you will not use any third-party materials and websites in a manner that would infringe or violate the rights of any other party and that the Company will not be liable for your improper use of third-party materials and websites.

Online Course Refund Policy (Exclusive to these type of products

Our commitment is to offer education with intent for change. You can participate in the Program for up to the first two (2) Modules. We’ll happily refund the money you’ve paid us under this Agreement less any external fees subject to the following conditions:

  • Deadline to Apply for Refund. To be eligible for a refund, you must be The Company’s Online Course member who purchased the Program in the current calendar year and you must submit your request by 12pm Time on the refund date specified on the order page of the program.
  • We’ll ask for your completed course work and we may ask what didn’t work for you.
  • After you submit your materials, all refunds are within the Company’s sole discretion as to whether to grant or deny the refund request.
  • Please don’t not sign up with any of The Company’s Online Course’s as a means to “browse” or look around.  No refunds are available for such practices, consciously intended or not.

The Company’s Online Course Program begins on the dates posted on the order page. No refunds will be offered until the start of the Program. No exceptions.

Disclaimer

THE PROGRAM, THE SITE, THE CONTENT, AND ANY OTHER MATERIALS PROVIDED BY US HEREUNDER ARE PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE IN CONNECTION WITH THE PRODUCTS.

When addressing anything financial in any of our websites, videos, newsletters, programs or other Content, we’ve taken all reasonable efforts to ensure that we accurately represent our programs and their potential to improve your life.

YOU EXPRESSLY AGREE THAT YOUR USE OR INABILITY TO USE THE PROGRAM IS AT YOUR SOLE RISK. By purchasing access to the Program, you accept, agree, and understand that you are fully responsible for your progress and results from your participation and that we offer no representations, warranties, or guarantees verbally or in writing or results of any kind. Any statements outlined on our websites, programs, Content, and offerings are simply our opinion and thus are not guarantees or promises of actual performance. We offer no professional legal, medical, psychological, or financial advice.

Additional Terms and Conditions

GOVERNING LAW. You and the Company have entered into this Agreement in the State of Arizona and agree that the validity, interpretation, and legal effect of this Agreement, as well as all disputes among you and the Company, shall be determined in accordance with the laws of the State of Arizona, United States of America, without regard to conflicts of law principles that would dictate the application of the law of a different jurisdiction.

LIMITATION OF LIABILITY. IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT CLAIMS: (I) THE COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AFFILIATES, CONTRACTORS, OR LICENSEES SHALL NOT BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES ARISING FROM OR OUT OF THIS AGREEMENT, INCLUDING YOUR USE OF THE PROGRAM; AND (II) YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND A REFUND AS SET FORTH IN SECTION 6. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE LIMITATIONS ON WARRANTIES IN THIS SECTION MAY NOT APPLY TO YOU.
AS SET FORTH IN OUR PRIVACY POLICY, THE COMPANY SHALL USE REASONABLE EFFORTS TO PROTECT INFORMATION SUBMITTED BY YOU IN CONNECTION WITH YOUR PURCHASE AND USE OF THE PROGRAM, BUT YOU AGREE THAT YOUR SUBMISSION OF SUCH INFORMATION IS AT YOUR SOLE RISK.

NON-DISPARAGEMENT. You agree that you will not engage in any conduct or communications with a third party, public or private, designed to disparage the Company, The Company’s Online Course, or Weston Jolly, including, but not limited to, any remark, comment, message, information, declaration, campaign, communication, or other statement of any kind, whether verbal, in writing, electronically transferred, or otherwise, that might reasonably be construed to be derogatory, defamatory, libelous, or slander.  This includes any and all aspects of Social Media (i.e. Facebook or Twitter) and or any other place on the Internet where such websites might exist to promote individual or The Company or Brand Disparagement.

BINDING EFFECT. This Agreement shall be binding upon, and inure to the benefit of, the successors, executors, heirs, representatives, administrators, and permitted assigns of the parties. You have no right to assign this Agreement, by operation of law or otherwise. The Program is a non-transferable program.

TERMINATION. The Company is committed to providing all customers in the Program with a positive Program experience. If you fail, or the Company suspects that you have failed, to comply with any of the provisions of this Agreement, the Company, in its sole discretion and without notice to you, may: (a) limit, suspend, or terminate your participation in the The Company’s Online Course Program without refund or forgiveness of monthly payments; and/or (b) terminate this Agreement. Your obligations to the Company under this Agreement will survive expiration or termination of this Agreement for any reason.

CHANGES. The Company reserves the right at any time to modify this Agreement and to impose new or additional terms or conditions on your use of the Program. Such modifications and additional terms and conditions shall be effective immediately and incorporated into this Agreement. Your continued use of the Program will be deemed your acceptance thereof. The changes may be listed in an area accessible to you on the Site or you may be notified by either e-mail or postal mail. If you have any questions, please contact us directly at mail@westonjolly.com

INDEMNIFICATION. You agree to defend, indemnify, and hold harmless the Company, its owners, officers, employees, contractors, directors, licensors, related entities, affiliates, and successors from and against any and all liabilities and expense whatsoever, including, without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys’ fees, and disbursements, which any of such parties may incur or become obligated to pay arising out of or resulting from your breach of this Agreement and/or your misuse of the Program. You shall defend the Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. You recognize and agree that all of the Company’s owners, officers, employees, shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions or representations of the Company.

Binding Arbitration

PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY, AS THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH THE COMPANY, AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM THE COMPANY

(a) Applicability of Arbitration Agreement. All disputes arising out of, relating to, or in connection with these Terms or your use of the Products that cannot be resolved informally or in small claims court will be resolved through binding arbitration on an individual basis, except that you and The Company are not required to arbitrate any dispute in which either party seeks equitable relief for the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets, or patents.

(b) Arbitration Rules. The Federal Arbitration Act governs the interpretation and enforcement of this dispute-resolution provision. Arbitration will be initiated through the American Arbitration Association (“AAA”). If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. The rules of the arbitral forum will govern all aspects of this arbitration, except to the extent those rules conflict with these Terms. The AAA Consumer Arbitration Rules (“AAA Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. The arbitration will be conducted by a single neutral arbitrator. If the claim is for $10,000 or less, the party initiating the arbitration may choose whether the arbitration will be conducted (1) solely on the basis of documents submitted to the arbitrator; (2) through a non-appearance based telephonic hearing; or (3) by an in-person hearing in the county of The Company’s billing address. In the case of an in-person hearing, the proceedings will be conducted at a location which is reasonably convenient for both parties, within the County of the Company’s billing address, with due consideration of the ability to travel and other pertinent circumstances. If the parties are unable to agree on a location, the determination will be made by the arbitration institution.Your arbitration fees and your share of arbitrator compensation will be limited to those fees set forth in the AAA Rules with the remainder paid by The Company. If the arbitrator finds that either the substance of your claim or the relief sought in the arbitration is frivolous or brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)), then the payment of all fees will be governed by the AAA Rules. In such case, you agree to reimburse The Company for all monies previously disbursed by it that are otherwise your obligation to pay under the AAA Rules. Regardless of the manner in which the arbitration is conducted, the arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.

Authority of Arbitrator. The arbitrator will decide the jurisdiction of the arbitrator and the rights and liabilities, if any, of you and The Company. The dispute will not be consolidated with any other matters or joined with any other cases or parties. The arbitrator will have the authority to grant motions dispositive of all or part of any claim or dispute. The arbitrator will have the authority to award all remedies available under applicable law, the arbitral forum’s rules, and the Terms. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The award of the arbitrator is final and binding upon you and The Company

(d) Jury Trial Waiver. You and The Company waive any constitutional and statutory rights to go to court and have a trial in front of a judge or a jury. Rather, you and The Company elect to have claims and disputes resolved by arbitration. In any litigation between you and The Company over whether to vacate or enforce an arbitration award, you and The Company waive all rights to a jury trial, and elect instead to have the dispute be resolved by a judge.

(e) Class Action Waiver. WHERE PERMITTED UNDER THE APPLICABLE LAW, YOU AND The Company AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR OUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR CONSOLIDATED ACTION. If, however, this waiver of class or consolidated actions is deemed invalid or unenforceable, neither you nor The Company are entitled to arbitration; instead all claims and disputes will be resolved in a court as set forth in section 13.13 below.

(f) Opt-out. YOU MAY OPT-OUT OF THIS ARBITRATION AGREEMENT. If you do so, neither you nor The Company can force the other to arbitrate. To opt-out, you must notify The Company in writing no later than 30 days after first becoming subject to this arbitration agreement. Your notice must include your name and address, and the email address you used to set up your The Company account (if you have one), and an unequivocal statement that you want to opt-out of this arbitration agreement.

(g) Small Claims Court. Notwithstanding the foregoing, either you or The Company may bring an individual action in small claims court.

(h) Arbitration Agreement Survival. This arbitration agreement will survive the termination of your relationship with The Company

CLASS ACTION WAIVER. You agree that any arbitration or proceeding shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (i) no arbitration or proceeding shall be joined with any other; (ii) there is no right or authority for any Dispute to be arbitrated or resolved on a class action-basis or to utilize class action procedures; and (iii) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons. YOU AGREE THAT YOU MAY BRING CLAIMS AGAINST US ONLY IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.

EQUITABLE RELIEF. You acknowledge and agree that in the event of a breach or threatened violation of the Company’s intellectual property rights and confidential and proprietary information by you, the Company will suffer irreparable harm and will therefore be entitled to injunctive relief to enforce this Agreement. The Company may, without waiving any other remedies under this Agreement, seek from any court having jurisdiction any interim, equitable, provisional, or injunctive relief that is necessary to protect its rights and property pending the outcome of the arbitration referenced above. You hereby irrevocably and unconditionally consent to the personal and subject matter jurisdiction of the federal and state courts in the State of Arizona for purposes of any such action by the Company.

ENTIRE AGREEMENT. This Agreement constitutes the entire understanding and agreement of the Parties with respect to its subject matter and supersedes all prior and contemporaneous agreements or understandings, inducements, or conditions, express or implied, written or oral, between the parties.

COMPLIANCE WITH LAW. The parties shall comply with all applicable laws in performing this Agreement. Whenever there is any conflict between any provision of this Agreement and any applicable law, the applicable law shall prevail.

NO WAIVER. The failure of any party to insist on the performance of any obligation hereunder shall not be deemed to be a waiver of such obligation. Waiver of any breach of any provision shall not be deemed to be a waiver of any other breach of such provision or any other provision.

Miscellaneous

These Terms and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangement, understanding or agreement between us relating to their subject matter. We each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these Terms or the documents referred to in them. Each of us agrees that our only liability in respect of those representations and warranties that are set out in this agreement (whether made innocently or negligently) will be for breach of contract. Nothing in this section limits or excludes any liability for fraud.

Company may revise these Terms of Use at any time by updating this posting.

The Company may transfer its rights and obligations under these Terms to any company, firm or person at any time if it does not materially affect your rights under it. You may not transfer your rights or obligations under these Terms to anyone else. These Terms are personal to you and no third party is entitled to benefit under these Terms except as set out here.

Privacy Policy

The following Privacy Policy (this “Privacy Policy”) shares how Jolly Productions, Inc. (“Jolly Productions, Inc.,” AKA “we,” “us,” or “our” or “The Company”) have authored this privacy policy to provide you how information is used and shared.  This Privacy Policy applies to our information collection and use practices in connection with: (i) our websites, including, without limitation, WestonJolly.com‘s programs. AgeofAwareness.com, SedonaNaturally.com, NaturallySedona.com, HelplessRomantic.com (the “Websites”); and (ii) the information you provide to us offline, including, without limitation, via phone and email.

Description of Users and Acceptance of Terms

This Privacy Policy applies to visitors to the Websites, who view only publicly-available content (“Visitors”), and users who register with us (“Registered Users” or “Members”) and wish to purchase a product or service through one of our Websites.

By visiting any of our Websites, Visitors are agreeing to the terms of this Privacy Policy and the accompanying Terms of Use.   

By registering with us and purchasing a product or service through one of our Websites, each Registered User is agreeing to the terms of this Privacy Policy, the accompanying Terms of Use.

By providing us information offline, you are also agreeing to the terms of this Privacy Policy.

Capitalized terms not defined in this Privacy Policy shall have the meaning set forth in our Terms of Use and the Terms and Conditions of Purchase.

GDPR and Privacy Shield Notice

Natural persons located in the European Economic Area (“EEA”) should review the General Data Protection Regulation (“GDPR”) and Privacy Shield Notice.

In addition, the Privacy Shield Notice should be reviewed if your personal information is transferred from the EEA or Switzerland to the US, pursuant to the E.U.-U.S. or Swiss-U.S. Privacy Shield.

The Information We Collect/or Receive; the Purpose of Collection and Use

In the course of operating the Websites and/or interacting with you, we will collect (and/or receive) the following types of information.

1. Contact Information.

When you sign up to receive any of our newsletters, respond to a survey, register for a class, purchase any product or service, you may be required to provide us with certain information about yourself, such as; your name, address, e-mail address, address, social media information, phone number, and any (the “Contact Information”). The Contact Information is used to provide the requested product or service or information and to contact you for purposes of direct marketing of our current and future products and services.

If you land on one of our pages through an affiliate partner link and provide us Contact Information (e.g., to request information, purchase a product or service), we may share your name and e-mail address to such affiliate partner to let him/her know that you were referred and in case (s)he has offered you any bonuses or rewards for following their referral link. We have no control over how affiliate partners may use your information after it has been received and we are not responsible for fulfilling any bonuses that such affiliate partners may have offered you; where applicable, please check such affiliate partners’ privacy policies and terms of use for more information on how they may use your personal information.

2. Order Information.

When you place an Order, you must provide us with certain information about the products and services you are seeking to purchase.  Such information is collectively called the “Order Information.”  The Order Information is used to fulfill your Order. 

3. Billing Information.  

When you wish to purchase a product or service, you will be required to provide certain information in addition to the Personal Information and Order Information noted above.  Such information may include a debit card number, credit card number, expiration date, billing address, activation codes, and similar information. Such information is collectively called the “Billing Information.” Billing Information is collected and processed by our third-party payment processor operating as our agent (see, Onward Transfers to Third Parties). This would include payment platforms, like, but not limited to; Stripe, PayPal, ApplePay; with each company providing their own respective privacy policy.

We do not directly obtain or process any Billing Information.

4. Other Information.

In addition to the information noted above, we may collect additional information (collectively, the “Other Information”).  Such Other Information may include:

a. From You.  Additional information about yourself that you voluntarily provide to us (e.g., via a survey), such as household income range, gender, product and service preferences, and other information that does not identify you personally.

b. From Your Activity.  Information that we automatically collect when you use the Websites, including, without limitation:

  • IP addresses, which may consist of a static or dynamic IP address and will sometimes point to a specific identifiable computer or device; browser type and language; referring and exit pages and URLs; date and time; amount of time spent on particular pages; what sections of the Websites you visit; and similar data; and
  • Information about your device, including the type of device; universally unique ID (“UUID”); advertising identifier (“IDFA”); MAC address; operating system and version (e.g., iOS, Android or Windows); carrier and country location; hardware and processor information (e.g., storage, chip speed, camera resolution, NFC enabled); network type (WiFi, 3G, 4G, LTE); and similar data.   

c. From Cookies.  Information that we collect using “cookie” technology.  Cookies are small packets of data that a website stores on your computer’s or mobile device’s hard drive so that your computer will “remember” information about your visit.  We may use both session cookies (which expire once you close your web browser) and persistent cookies (which stay on your computer until you delete them) to help us collect Other Information and to enhance your experience using the Websites.  If you do not want us to place a cookie on your hard drive, you may be able to turn that feature off. For reference only, you can find public instructions, such as but not limited to the following, How to remove Cookies in Google Chrome.  However, if you decide not to accept cookies from us, the Websites may not function properly

d. Third-Party Analytics.  We use third-party analytics services (such as but not limited to, Google Analytics) to evaluate your use of the Websites, compile reports on activity, collect demographic data, analyze performance metrics, and collect and evaluate other information relating to the Websites and mobile and Internet usage.  These third parties use cookies and other technologies to help analyze and provide us the data. By accessing and using the Websites, you consent to the processing of data about you by these analytics providers in the manner and for the purposes set out in this Privacy Policy. Please be advised that if you opt out of any service, you may not be able to use the full functionality of the Websites.

Below is a list of analytics providers that we use; however, such list may be subject to change based on how we wish to understand the user experience and we will endeavor to update it diligently. You may use the accompanying links to learn more about such providers and, if available, how to opt-out from their analytics collection.

For Google Analytics, please visit: https://www.google.com/analytics

For Vimeo, please visit: https://vimeo.com/privacy

e. From Other Sources.  We also may collect or receive information from third parties, such as Facebook and/or other third-party social media sites.

Information Collected by or Through Third-Party Advertisers

We may share Other Information about you with third parties, including, but not limited to, advertising providers, or other brand partners, for purposes of personalizing or otherwise understanding how you engage with ads or other content. These third parties may use cookies, pixel tags (also called web beacons or clear gifs), or other technologies to collect Other Information in furtherance of such purposes, including to tailor, target (i.e., behavioral, contextual, retargeting), analyze, report on, and/or manage advertising campaigns or other initiatives. For example, when a browser visits a site, pixel tags enable us and these third-parties to recognize certain cookies stored within the browser to learn which ads or other content bring a user to a given site. In addition, we may receive Other Information from these third parties, including through their service providers, such as advertising identifiers, IP addresses, and post-conversion data.

Below is a list of advertising/remarketing providers that we use; however, such list may be subject to change based on the campaigns that we run and we will endeavor to update it diligently. You may use the accompanying links to learn more about such providers and, if available, how to opt-out from their targeted ads or other personalization features. Please note you will not necessarily be opted-out of advertising or content generally; you may still receive generic ads or content.

For Facebook, please visit: https://www.facebook.com/about/privacy

For Twitter, please visit: https://twitter.com/en/privacy

For Google, please visit: https://support.google.com/ads/answer

In addition, you may opt-out of interest-based advertising by participating providers by visiting https://www.networkadvertising.org and https://www.aboutads.info/choices for details on how to do so.

Information Collected Through the Websites that is Not Covered by this Privacy Policy

You may post and/or share information, including but not limited to, comments using forums and other similar features available through the Websites. IT IS IS EXPRESSLY UNDERSTOOD, that NONE of the information you provide using these features is protected by this Privacy Policy. THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION (INCLUDING PERSONAL INFORMATION) THAT YOU PROVIDE USING ANY SUCH FEATURES. ALL SUCH INFORMATION IS PUBLIC INFORMATION AND MAY BE SEEN, COLLECTED OR USED BY ANY USER OF THE WEBSITES. Please note that if you post and/or share information on our Websites through your Facebook account, such information will be subject to Facebook’s privacy policy.

Information Collected Through the Facebook Community Group

You may post and/or share information through our Facebook Community Group. THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION (INCLUDING PERSONAL INFORMATION) THAT YOU PROVIDE USING THE FACEBOOK COMMUNITY GROUP. USE OF THE FACEBOOK COMMUNITY GROUP IS GOVERNED BY FACEBOOK’S PRIVACY POLICY. ALL SUCH INFORMATION IS PUBLIC INFORMATION AND MAY BE SEEN, COLLECTED OR USED BY ANY USER OF OUR FACEBOOK COMMUNITY GROUP.

Aggregate Data

In an ongoing effort to better understand our visitors, customers, and our products and services, we may analyze the Order Information and Other Information in aggregate form in order to operate, maintain, manage, and improve the Websites and/or our products and services.  This aggregate information does not identify you personally. We may share this aggregate data with our affiliates, agents, and business partners. We may also disclose aggregated user statistics in order to describe our products and services to current and prospective business partners and to other third parties for other lawful purposes.

Additional Uses

We also use information collected pursuant to this Privacy Policy to provide our services; to process Orders; to administer our rewards and promotional programs; to maintain and improve our Websites and services to you; to solicit your feedback; and to inform you about our products and services and those of our third-party marketing partners.     

Sharing with Third Parties

Like many businesses, we contract with other companies to perform certain business-related services. We may disclose your information, including personal information in some cases, to certain types of third-party companies, but only to the extent needed to enable them to provide such services, including, without limitation, technical assistance, order fulfillment, customer service, marketing assistance, payment processing, survey collection, promotional and marketing assistance, and business operations. These other companies will have access to your information, including personal information in some cases, only as necessary to perform their functions and to the extent permitted by law. We may also disclose your information, including any personal information, to any of our parent companies, subsidiaries, affiliates, joint ventures, or other companies under common control with us in order to support delivery of our products and services.

Business Transfer

In the event of a merger, dissolution, or similar corporate event or the sale of all or substantially all of our assets, we expect that the Information that we have collected and/or received, including personal information, would be transferred to the surviving entity in a merger or to the acquiring entity.  All such transfers shall be subject to our commitments with respect to the privacy and confidentiality of such personal information as set forth in this Privacy Policy.

Disclosures to Public Authorities

In certain situations, we may be required to disclose personal data in response to lawful requests by public authorities, including to meet national security or law enforcement requirements. We may also disclose personal information to other third parties when compelled to do so by government authorities or required by law or regulation including, but not limited to, in response to court orders and subpoenas.

Opt-Out for Direct Marketing

You may opt out at any time from the use of your personal information for direct marketing purposes by e-mailing the instructions to this email address: mail@westonjolly.com Please allow us a reasonable time to process your request.

Accessing and Modifying Personal Information and Communication Preferences

You have the right to correct, amend, or delete your personal information where it is inaccurate or has been processed in violation of this Privacy Policy. We will provide you with confirmation as to whether we are processing your personal information, and have the data communicated to you within a reasonable time. We may require payment of a non-excessive fee to defray our expenses in this regard.  Please allow us a reasonable time to respond to your inquiries and requests.

In addition, you may manage your receipt of marketing and non-transactional communications by clicking on the “unsubscribe” link located within any Jolly Productions, Inc. marketing email. Customers cannot opt out of receiving transactional e-mails related to their account or their Orders. We will use commercially reasonable efforts to process such requests in a timely manner. You should be aware, however, that it is not always possible to completely remove or modify information in our subscription databases.  

Information You Share on Public Forums

We feature or may in the future feature public forums such as message boards or web logs, webinars, classes, telephone conferences, or coaching calls, user comments, chat rooms, and similar activities (collectively, “Public Forums”). You may voluntarily post and share information through such Public Forums. IT IS IS EXPRESSLY UNDERSTOOD that NONE of the information you provide to through the Public Forums or through use of these features are protected by this Privacy Policy including any personal information. THIS PRIVACY POLICY DOES NOT APPLY TO ANY INFORMATION (INCLUDING PERSONAL INFORMATION) THAT YOU PROVIDE USING ANY SUCH FEATURES. ALL SUCH INFORMATION IS PUBLIC INFORMATION AND MAY BE VIEWED, COLLECTED, USED, MODIFIED AND/OR DISCLOSED FOR ANY PURPOSE BY US, ANY USER OF THE PUBLIC FORUM, AND THE PUBLIC.

You should think carefully before disclosing any information in any Public Forum.

How We Protect the Information

We take commercially reasonable steps to protect the Information from loss, misuse, and unauthorized access, disclosure, alteration, or destruction, taking into account the risks involved in processing and the nature of such data, and in compliance with applicable laws and regulations.  Please understand, however, that no security system is impenetrable. We cannot guarantee the security of our databases, nor can we guarantee that the Information that you supply will not be intercepted while being transmitted to and from us over the Internet. In particular, e-mail sent to or from the Websites may not be secure, and you should therefore take special care in deciding what information you send to us via e-mail.  

Retention of Personal Information

We will retain your personal information in a form that identifies you only for as long as it serves the purpose(s) for which it was initially collected as stated in this Privacy Policy, subsequently authorized, or as allowed under applicable law.

Important Notice to Non-U.S. Residents

It is important to note that the Websites and their servers are operated in the United States.  If you are located outside of the U.S., please be aware that any information provided to or collected by us, including personal information, will be transferred from your country of origin to the U.S.  Except in the case of data transfers under the EU-U.S. Privacy Shield and the Swiss-U.S. Privacy Shield Framework, your decision to provide such data to us, or allow us to collect such data through our Websites, constitutes your consent to this data transfer.

Children

We do not knowingly collect personal information from children under the age of 13 through the Websites.  If you are under 13, please do not give us any personal information. We encourage parents and legal guardians to monitor their children’s Internet usage and to help enforce our Privacy Policy by instructing their children to never provide personal information through the Websites without their permission.  If you have reason to believe that a child under the age of 13 has provided personal information to us, please contact us, and we will endeavor to delete that information from our databases.

External Websites

The Websites may contain links to third-party websites.  We have no control over the privacy practices or the content of any of our business partners, advertisers, sponsors, or other websites to which we provide links.  As such, we are not responsible for the content or the privacy policies of those third-party websites. You should check the applicable third-party privacy policy and terms of use when visiting any other websites.

Changes to This Privacy Policy

This Privacy Policy is effective as of the date stated at the top of this Privacy Policy.  We may change this Privacy Policy from time to time. By accessing the Websites and/or using our services after we make any such changes to this Privacy Policy, you are deemed to have accepted such changes.  Please be aware that, to the extent permitted by applicable law, our use of the Information is governed by the Privacy Policy in effect at the time we collect the Information. Please refer back to this Privacy Policy on a regular basis.

How to Contact Us

If you have questions about this Privacy Policy, please contact us via:

Email: mail@westonjolly.com

Or write to us at:

Jolly Productions, Inc.
8485 E. McDonald Dr. #234
Scottsdale, AZ 85250

(480) 212-1961