HELD by Jusna, LLC Terms of Use
Last updated: January 29, 2024
These Terms of Use, together with HELD by Jusna, LLC’s Privacy Policy, set forth the terms and conditions (“Terms”) that apply to your access and use of the HELD by Jusna, LLC website, located at https://www.heldbyjusna.com (together, the “Site”). “HELD by Jusna” includes HELD by Jusna, LLC and its officers, directors, employees, consultants, affiliates, subsidiaries, and agents. The HELD by Jusna Services may include, but are not limited to somatically-led life coaching, meditation sessions, and mindfulness workshops.
Throughout this Terms of Use we have provided brief explanations of the provisions (“Simple Terms”). Use of Simple Terms is for convenience and ease of understanding only and shall not have any impact on the interpretation of particular provisions. You should ensure to review the Terms of Use its entirety.
IN SIMPLE TERMS: Please read this and our privacy policy, so you know the rules that apply when you access our website and use our services.
By using or accessing the Site you agree to these Terms, as updated from time to time in accordance with Section 10 below. Because HELD by Jusna provides a wide range of services, we may at times ask you to review and accept supplemental terms that apply to your interaction with a specific product or service. These Terms state that any disputes between you and HELD by Jusna must be resolved in arbitration or small claims court.
IN SIMPLE TERMS: Each time you access our website and use our services, you agree to everything shared here. Sometimes we may ask you to accept more terms, in addition to what is shared here, before using our services. The terms shared here may change in the future. If you won’t or can’t agree, we can’t let you access or use our services.
If you have a problem with these terms, or anything relating to our products or services, you can contact us. But if you have a problem that you want to bring to court, you agree to resolve it through arbitration or small claims court.
1. Account Security. To use the Site, you must (i) have not previously been suspended or removed from the Services; and (ii) register for and use the Site in compliance with any and all applicable laws and regulations.
IN SIMPLE TERMS: You cannot use our website if banned or taken off our services or if you use it in a way that goes against the law.
2. Account Registration. To access some features of the Site, we may ask you to give us certain identifying information about yourself, including but not limited to your email address and other contact information (“Registration Information”). When accessing such features of the Site, you agree to provide true, accurate, current, and complete information about yourself. You also agree not to impersonate anyone, misrepresent any affiliation with anyone else, use false information, or otherwise conceal your identity from HELD by Jusna for any purpose.
IN SIMPLE TERMS: When you use our website, sometimes we will ask you to give us information about you or related to you. You agree to not misrepresent to us about who you are.
3. Specific Requirements for Certain Services. Your use of the Services constitutes your acknowledgment and acceptance of the following specific requirements and terms of use for certain of the HELD by Jusna services.
IN SIMPLE TERMS: When you use our services, you agree to be bound by our rules for our services.
4. Prohibited Conduct. You agree not to:
Use the Site for any illegal purpose, or in violation of any local, state, national, or international law;
Violate or encourage others to violate the rights of third parties, including intellectual property rights;
Post, upload, or distribute any content that is unlawful, defamatory, libelous, inaccurate, or that a reasonable person could deem to be objectionable, profane, indecent, pornographic, harassing, threatening, hateful, or otherwise inappropriate;
Interfere in any way with security-related features of the Site;
Interfere with the operation or any user’s enjoyment of the Site, including by uploading or otherwise disseminating viruses, adware, spyware, worms, or other malicious code, making unsolicited offers or advertisements to other users, or attempting to collect personal information about users or third parties without their consent;
Access, monitor or copy any content or information of the Site using any robot, spider, scraper, or other automated means or any manual process for any purpose without HELD by Jusna’s express written permission;
Perform any fraudulent activity, including impersonating any person or entity, claiming false affiliations, accessing the accounts of other users without permission, or falsifying your identity or any information about you, including age or date of birth; or
Sell or otherwise transfer the access granted herein.
IN SIMPLE TERMS: You agree to not use our website for anything illegal, and will not hurt or encourage others to hurt the rights of third parties. You agree to not use our website to spread bad or harmful information. You agree to keep our website safe and will not do anything that harms others' use of our website. You agree to not use or copy anything on our website without our written permission. You agree to not pretend to be someone else or misrepresent who you are. You agree to not sell or let anyone use your access to our products and services.
5. Third Party Content. The Site may contain links to third party websites and services. HELD by Jusna provides such links as a convenience, and does not control or endorse these websites and services. You acknowledge and agree that HELD by Jusna has not reviewed the content, advertising, products, services, or other materials that appear on such third party websites or services, and is not responsible for the legality, accuracy, or appropriateness of any such content. HELD by Jusna shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of any such third party websites or services.
IN SIMPLE TERMS: We might share links to other websites and services on our website to make it easier for you to access them. But we are not responsible for those other websites or services.
6. Intellectual Property. You acknowledge and agree that you relinquish all ownership rights in any ideas or suggestions that you submit to HELD by Jusna through this Site. This Site is protected by applicable copyright and other intellectual property laws, and no materials from the Site may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way without our express permission. All trademarks and service marks on the Site belong to HELD by Jusna, except third-party trademarks or service marks, which are the property of their respective owners.
IN SIMPLE TERMS: We love for you to use our website, but you’re just using it. We still own it, including any comments or things you post on our website.
7. User Content. You represent and warrant that you own or otherwise have the right to use any content you post to the Site. If you believe that your content has been used in a way that constitutes copyright infringement, you may contact us at jusna@heldbyjusna.com.
You must provide the following information: an electronic or physical signature of the copyright owner or the person authorized to act on behalf of the copyright owner; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located; your address, telephone number, and email address; a written statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf. HELD by Jusna has adopted and implemented a policy that provides for termination in appropriate circumstances of accounts of users who repeatedly infringe copyright or other intellectual property rights of HELD by Jusna or others.
IN SIMPLE TERMS: You can only post content that you’re allowed to post and that’s yours. If you think anything on our website uses your content without your permission, please let us know.
8. Indemnification. You agree that you will be personally responsible for your use of the Site, and you agree to defend, indemnify, and hold harmless HELD by Jusna from and against any and all claims, liabilities, damages, losses, and expenses (including attorneys’ and accounting fees and costs), arising out of or in any way connected with (i) your access to, use of, or alleged use of the Site; (ii) your violation of the Terms or any applicable law or regulation; (iii) your violation of any third party right, including without limitation any intellectual property right, publicity, confidentiality, property, or privacy right; or (iv) any disputes or issues between you and any third party. HELD by Jusna reserves the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with our defense of such claim.
IN SIMPLE TERMS: You are solely responsible for the way you use our website and anything bad that comes from it. We will not be responsible for your use or harmful effects from your using it inappropriately.
9. Termination. If you violate these Terms, your permission to use the Site will automatically terminate. In addition, HELD by Jusna, in its sole discretion, may suspend or terminate your user account and/or suspend or terminate some or all of your access to the Services at any time, with or without notice to you. You may terminate your account at any time by contacting HELD by Jusna at jusna@heldbyjusna.com. After your account is terminated, information and content previously provided by you will no longer be accessible through your account, but HELD by Jusna may continue to store such information and content, and it may also be stored by third parties to whom it has been transferred through your use of the Site.
IN SIMPLE TERMS: If you violate our terms you will not be allowed to use our website or services anymore, and we can end your account. We may continue to store your information.
10. Modification of the Terms. HELD by Jusna reserves the right at any time to modify these Terms and to impose new or additional terms or conditions on your use of the Site. Such modifications and additional terms and conditions will be effective immediately upon notice and incorporated into these Terms. We will make reasonable efforts to notify you of any material changes to the Terms, including, but not limited to, by posting a notice to our website or by sending an email to any address you may have provided to us. Your continued use of the Services following notice will be deemed acceptance of any modifications to the Terms.
IN SIMPLE TERMS: We can change these terms at any time, but if our changes are substantial, we'll let you know. If you continue to use our services then we will assume you accept our new terms.
11. Disclaimers of Warranties. The Site provided “as is” and on an “as available” basis, without warranty or condition of any kind, either express or implied. Although HELD by Jusna seeks to maintain safe, secure, accurate, and well-functioning services, we cannot guarantee the continuous operation of or access to our Site, and there may at times be inadvertent technical or factual errors or inaccuracies. HELD by Jusna specifically (but without limitation) disclaims (i) any implied warranties of merchantability, fitness for a particular purpose, quiet enjoyment, or non-infringement; and (ii) any warranties arising out of course-of-dealing, usage, or trade. You assume all risk for any/all damages that may result from your use of or access to the Site. HELD by Jusna does not guarantee the accuracy of, and disclaims all liability for, any errors or other inaccuracies in the information, content, recommendations, and materials made available through the Site.
IN SIMPLE TERMS: We do not guarantee that there will not be any errors or inaccuracies on our website. We also do not make any promises as it relates to our services. Any risks or damages that result from your use of our website is your responsibility.
12. Limitation of Liability. In no event will HELD by Jusna, be liable to you for any incidental, special, consequential, direct, indirect, or punitive damages, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, whether or not HELD by Jusna has been informed of the possibility of such damage. Some jurisdictions do not allow the disclaimer of warranties or limitation of liability in certain circumstances. Accordingly, some of the above limitations may not apply to you.
IN SIMPLE TERMS: We are not liable for any types of damages. However, depending on where you live, some of these limitations on what we are liable for may not apply to you.
13. Governing Law. These Terms are governed by the laws of the State of New York, without regard to conflict of law principles. Subject to Section 14, which provides that disputes are to be resolved through binding arbitration or small claims court, to the extent that any lawsuit or court proceeding is permitted hereunder, you and HELD by Jusna agree to submit to the exclusive personal jurisdiction of the state courts and federal courts located within New York, New York, for the purpose of litigating all such disputes.
IN SIMPLE TERMS: Generally disputes will be handled through binding arbitration or small claims court, but if a dispute requires a court proceeding, then it will be handled within the courts of New York.
14. Dispute Resolution by Binding Arbitration. In the interest of resolving disputes between you and HELD by Jusna in the most expedient and cost effective manner, you and HELD by Jusna agree to resolve disputes through binding arbitration or small claims court instead of in courts of general jurisdiction (“Agreement to Arbitrate”). Arbitration is more informal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. Any arbitration or litigation under these Terms will take place on an individual basis; class arbitrations and class actions are not permitted. You acknowledge and agree that the arbitrator may award relief (including monetary, injunctive, and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that individual party’s claim(s). Any relief awarded cannot affect other users.
IN SIMPLE TERMS: You agree that disputes between us will be handled through binding arbitration or small claims court on an individual basis. Please read this section carefully and thoroughly before using our website or services.
15. Modification of the Site. HELD by Jusna reserves the right to modify or discontinue, temporarily or permanently, some or all of the Site at any time without any notice or further obligation to you. You agree that HELD by Jusna will not be liable to you or to any third party for any modification, suspension, or discontinuance of any of the Site.
IN SIMPLE TERMS: We can change or stop any part of or our entire website at any time, without letting you know or having any requirements to you. You agree that we are not liable to you or any third party if we choose to do so.
16. General.
Entire Agreement. These Terms, together with the Privacy Policy, constitute the entire and exclusive understanding and agreement between you and HELD by Jusna regarding your use of and access to the Site, and except as expressly permitted above may only be amended by a written agreement signed by authorized representatives of the parties.
IN SIMPLE TERMS: These terms combined with our privacy policy makes up the entire agreement between us. Our agreement can only be changed with a written agreement signed by both of us.
No Waiver. The failure to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default of the Terms constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
IN SIMPLE TERMS: If we decide not to enforce a portion of our terms in some scenarios, it doesn’t mean we waive our right to enforce it, or other parts of our terms, in the future.
Paragraph Headers. Use of paragraph headers in the Terms is for convenience only and shall not have any impact on the interpretation of particular provisions.
IN SIMPLE TERMS: The headers used throughout these terms are to make things easier to read and should not be used to determine the meaning of certain terms.
Severability. In the event that any part of the Terms is held to be invalid or unenforceable, the unenforceable part shall be given effect to the greatest extent possible and the remaining parts will remain in full force and effect.
IN SIMPLE TERMS: One bad apple doesn’t spoil the whole bunch. If you find an error in these terms, the rest of the terms are still enforceable.
17. Notice to California Residents. Under California Civil Code Section 1789.3, you may contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210 in order to resolve a complaint regarding the service or to receive further information regarding use of the service.
IN SIMPLE TERMS: If you are a California resident and have a complaint about our services, please read who you can contact to have those complaints addressed.
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