You agree to the terms of service below, and the Terms of Use for Substack, the technology provider.
Terms of Service
Updated and in force as of February 5, 2021
Application of These Terms of Use
Your use of the jessicaabel.com website, including your use of any course, podcast or newsletter published, produced, written, or otherwise facilitated in any way by Autonomous Creative, LLC (“Company”), whether such podcast, course or newsletter is hosted through this website or a third party, and is the exclusive property of Autonomous Creative, LLC (“Company,” which may be referred to herein as “we,” “us,” or “our”), and all such content or services are collectively referred to herein as the “Service” and is subject to these Terms of Service, whether or not you create an account on the Service. If you do not agree with these Terms of Service, do not use the Service. We reserve the right to restrict or terminate access, remove or edit content, or take any other steps to restrict your use of the Service at any time for any reason.
NON-LEGALESE TRANSLATION: By using jessicaabel.com, reading our newsletter, taking courses or joining coaching programs, attending live or recorded events, or listening to our podcast, you are agreeing to follow all of our rules described in this document, which are legally binding. If you don’t follow our rules, we reserve the right to restrict your use of jessicaabel.com, courses and coaching, events, the newsletter, or/and the podcast.
Changes to These Terms of Use
We may change these Terms of Service at any time. If we change them, we will update this website and the date at the top of these Terms of Service. Any changes will be effective immediately when we post the changes. The changes will apply going forward. By continuing to use this Service after we make changes, you agree to all the changes. Please check these Terms of Service each time before you use the Service.
NON-LEGALESE TRANSLATION: We may update these rules on occasion, to better protect you, our users, as well as our Service. Please check back regularly to review any updates.
Disclaimer and Limit of Liability
The information on this Service is provided for informational purposes only. You should not rely on any information on this Service as legal, professional, or financial advice for your specific situation. We make no promise or representation of results. All results are dependent upon a number of factors outside of our control. YOU AGREE TO INDEMNIFY AND HOLD HARMLESS US, OUR AFFILIATES, AND OUR RESPECTIVE OWNERS AND REPRESENTATIVES FROM AND AGAINST ANY AND ALL DAMAGES, INCLUDING LOST PROFITS OR LOST BUSINESS OPPORTUNITIES, REPUTATION (E.G., OFFENSIVE OR DEFAMATORY STATEMENTS), LOSS OF DATA (.E.G., DOWNTIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT), OR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR PUNITIVE DAMAGES, RESULTING FROM OR IN ANY WAY CONNECTED WITH YOUR USE OF THE SERVICE, YOUR VIOLATION OF THESE TERMS OF SERVICE, CONTENT YOU POST OR TRANSMIT TO OR THROUGH THE SERVICE (INCLUDING DAMAGES OF ANY PERSON OR ENTITY ARISING OUT OF INFORMATION YOU PROVIDE TO THE SERVICE), OR ANY OF YOUR OTHER ACTS OR OMISSIONS. THE COMPANY AND ITS AFFILIATES, RESPECTIVE OWNERS, AND REPRESENTATIVES WILL NOT BE LIABLE TO YOU IN CONNECTION WITH YOUR USE OF THE SERVICE FOR ANY AMOUNT THAT EXCEEDS (A) THE TOTAL FEES PAID OR PAYABLE BY YOU TO THE COMPANY DURING YOUR USE OF THE SERVICE, OR (B) $1,000.
NON-LEGALESE TRANSLATION: This Service has information that may be helpful or interesting to you, but do not base any significant financial or career decisions on this information. These are the limits of legal liability we may have to you. We make no promise or representation of results you might have after using the information you find. All results are dependent upon a number of factors outside of our control, including your interpretation and actions. We’re legally required to put all that material in ALL CAPS. Sorry!
Account Obligations
You must be 18 or older to use the Service.
You also agree that if you sign up for an account on the Service, you will only have one account, and will not assign or sell your account to anyone else and will maintain a strong password.
You are solely responsible for maintaining the confidentiality of your account and the privacy of your account information. You are also solely responsible for all activity on your account, including all purchases made or content provided through your account (with or without your knowledge or consent).
You may use a username for your account, but we reserve the right to discontinue your use of your username if your username violates any of our Terms of Service, intellectual property rights of others, or any other law or regulatory obligation.
You further agree that you are not already restricted from creating an account by us.
You are responsible for anything that happens through your account, unless you close your account prior to any misuse or report misuse to us.
You may not use your account for commercial gain. You may not send or otherwise post unauthorized commercial communications (such as spam) on the Service. You may not offer any contest, giveaway, or sweepstakes on the Service.
You promise to not collect information of other users, through automated means or otherwise, and you promise to not upload any viruses to the Services or do anything at all that would be reasonably expected to impair the function of the Services.
Personal information that you submit to us is governed by our privacy Terms of Use.
Specifically, by using the Service, you agree to abide by our below expectations of user behavior and etiquette:
You may not bully, intimidate, or harass any other Service user.
You may not post content that is hateful, sexist, threatening, or pornographic, or incites violence, or contains nudity or graphic or gratuitous violence or profanity.
You may not use the Service to do anything unlawful, misleading, malicious, or discriminatory.
You may not facilitate or encourage any violations of this Terms of Use.
You may not post content or take any action on the Service that infringes or violates someone else’s rights or otherwise violates the law, including the rights of any healthcare provider. We can remove any content or information you post on the Service if we believe, at our discretion, that it violates this Terms of Use or the law. If we remove your content for infringing someone else’s copyright, and you believe we removed it by mistake, we may provide you with an opportunity to appeal. If you repeatedly infringe other people’s intellectual property rights, we may disable your account when appropriate.
NON-LEGALESE TRANSLATION: You promise you are at least 18. You will keep your account password a secret and will not share your account with anyone. You will follow our rules and all laws while using your account.
Payment
If you purchase any of our paid services (“Premium Content”), you agree to pay us all associated costs, including but not limited to all applicable taxes and/or exchange fees. If you do not pay in a timely manner, or if your payment information is rejected for any reason, we reserve the right to terminate your use of the Premium Content. We may store your payment information and continue billing your payment method for any Premium Content you have purchased on a subscription or split-payment plan.1 If you wish to cancel any subscription plan, you will need to cancel any applicable subscription prior to the renewal date to avoid being charged.
In the event, your membership to the Service is terminated, for any reason, whether by us or by you, you shall continue to be responsible for any unpaid invoices or payments. In the event your membership to the Service is terminated, and you have elected a split-payment plan, the remainder of your account balance will become due immediately.
Refund Policy
Our refund policies vary depending on the Service. Please refer to the refund policy included on the sales page and cart page at checkout for more information on our refund policies.
NON-LEGALESE TRANSLATION: You agree to honor any payment obligations you owe us, including any additional fees, such as taxes, not reflected in our prices. We will consider refunds based on the refund policy of the specific product purchased.
Communication
You agree that we may send your messages from time to time to the contact information you provided to us, such as your email address. You agree to keep your contact information accurate and updated, and you consent to electronic communication. If you ever need to reach us about the Service, please contact us at Contact@JessicaAbel.com
For purposes of notice, please address all documents to:
Autonomous Creative, LLC
1219 N. 4th St.
Philadelphia PA 19122
You may also comment and post other content on certain blog posts, podcasts or other Services. By making any comments or posting content, you promise to us you are not violating any laws by making such comments or infringing on the intellectual property rights of others. You agree that we may remove any comment for any reason. You also agree that we have the right to display your comment publicly through our Services, which may be hosted on third-party websites.
You grant us a non-exclusive, worldwide, transferable, sub-licensable, and perpetual license to use, copy, modify, distribute, publish and process, information and content that you provide through our Services, without any further consent, notice and/or compensation to you or others.
You may end this license by deleting your content on the Service, though it may take additional time to delete any content you have shared on our Service’s backup/archival systems.
Some Services we provide via third-party online platforms include methods for sharing content you provide, such as comments or images.
Any information that you choose to share on the Service through public forums, such as our blog, will be available publicly, both to users of the Service and others. Any information that you choose to share on the Service through Premium Content, may also be available to others who have similarly paid for access to Premium Content.You should be careful about what you share.
The Service includes public forums, such as podcasts or otherwise, through third party services (including services like Zoom and Crowdcast), and the rules of public courtesy and etiquette apply. You may not disclose any private or personal information about another person, such as a peer in your community, without prior consent.
Any personal data you voluntarily add though the Service, or Premium Content, may be shared publicly in an anonymized way, and you consent to us sharing such data by using the Service, and or Premium Content.
NON-LEGALESE TRANSLATION:
You own all of the content you post on the Services, though we have the right to share, edit or modify your content publicly to the extent needed for proper function and maintenance of our Services (e.g., hosting your comments online). For the avoidance of doubt, we will never claim ownership of your work in any way, other than the license you grant us in these Terms of Service and any content you share through Premium Content on our Service will be restricted to only the Premium Content section of the Service through which you shared it. We will not, for example, share a comment you made in a paid course, which is Premium Content, on our blog, which is not Premium Content. You agree that we can remove any content you post for any reason. You agree that we can anonymize and share in other contexts comments and content you post in any of the websites and third-party services we use.
Service Availability
We reserve the right to remove any current Service offerings or increase our prices for any Services.
Intellectual Property Rights
We reserve all intellectual property rights in the Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. By using the Service, we are not granting you any rights or licenses to display, copy or modify any of our trademarks, logos, or copyrighted material. We will pursue all legal actions available to us to stop any infringement of our intellectual property, including seeking damages and/or injunctive relief, and we will restrict your access to the Services, or otherwise remove any posts or other content by you that we feel, at our sole discretion, violates our intellectual property rights or the intellectual property rights of others.
For the avoidance of doubt, any course materials or other content available through the Service, whether it is Premium Content or not, have been created by us through significant time and capital investment. You agree that your misuse of such content would not only violate the terms of this Terms of Service, but it would also result in damages to our Company, and we will be entitled to damages, including compensatory damages, as well as possibly injunctive relief or punitive damages.
NON-LEGALESE TRANSLATION: You will not copy or otherwise misuse our work, such as our course materials, or use our brands or logos or other intellectual property in any way.
Disputes
These Terms of Use and the resolution of any dispute related to these Terms of Use or the Service (including our privacy terms of use) shall be governed by and construed in accordance with the laws of the United States, including federal copyright and trademark laws, and with the laws of the Commonwealth of Pennsylvania, without giving effect to any principles of conflicts of law or choice of law.
THE SOLE AND EXCLUSIVE FORUM AND REMEDY FOR ANY AND ALL DISPUTES AND CLAIMS YOU MAY HAVE AGAINST US OR THAT RELATE IN ANY WAY TO OR ARISE OUT OF THESE TERMS OF USE OR YOUR USE OF THE SERVICE SHALL BE FINAL AND BINDING ARBITRATION.
Either you or we may demand that any dispute between you and us about or involving our services must be settled by arbitration utilizing the dispute resolution procedures of the American Arbitration Association (AAA) in Philadelphia, PA, provided that the foregoing shall not prevent us from seeking injunctive relief in a court of competent jurisdiction.
In the event that the required arbitration provisions above are not enforced for any reason, any legal action or proceeding between us and you related to these Terms of Use or the Service (including our privacy policy) shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Philadelphia, PA and you agree to submit to the personal and exclusive jurisdiction of such courts and waive any right or claim that this is an inconvenient forum.
NON-LEGALESE TRANSLATION:
In the unlikely event we become involved in a legal dispute with you, you agree to settle the dispute through arbitration in Philadelphia, PA. In the event arbitration does not occur, you agree any legal action will be filed only in federal or state court in Philadelphia.