The following Terms of Use are entered into by and between You, ("the user,") and Jennifer Ann Falandys (“Jennifer”, “she”, or “her”). The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, these “Terms of Use”), govern your access to and use of https://www.jenniferannfalandys.org including any content, functionality and services offered on or through https://www.jenniferannfalandys.org (the “Website”), whether as a guest or a registered user.

Your use of the Website is also subject to Jennifer Ann Falandys' Privacy Policy. Please review her Privacy Policy, which also governs the Website and informs users of her data collection practices. Your agreement to the Privacy Policy and Support Disclaimer is hereby incorporated into these Terms.

Please read the Terms of Use carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, incorporated herein by reference. If you do not want to agree to these Terms of Use, including the agreements incorporated by reference herein, you must not access or use the Website.

ACCEPTANCE OF TERMS

1. By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms of Use (including, for clarity, the Privacy Policy and, where applicable, the EU Data Processing Addendum) and all other operating rules, policies and procedures that may be published from time to time on the Site by either Jennifer Ann Falandys or High Level, LLC., each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

2. Certain portions of the Services may be subject to additional terms and conditions specified by us from time to time; your use of such Services is subject to those additional terms and conditions, which are incorporated into these Terms of Use by this reference.

3. These Terms of Use apply to all users of the Services, including, without limitation, users who are contributors of content, information, and other materials or services, registered or otherwise.

ELIGIBILITY

You represent and warrant that you are at least 18 years of age. If you are under age 18, you may not, under any circumstances or for any reason, access or use the Services. Jennifer may, at her sole discretion, refuse to offer the Services to any person or entity and change its eligibility criteria at any time. You are solely responsible for ensuring that these Terms of Use are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Use or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party. If you are registering for an account on behalf of an entity or a third party, you represent and warrant that you have full authority to bind that entity to these Terms of Use.

REGISTRATION

In order to use some of Jennifer's Services, such as joining her Community, you will need to register for an account. You must provide accurate and complete information and keep your Account information updated. You shall not: (i) select or use as a username a name of another person with the intent to impersonate that person; (ii) use as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in your eligibility to use the Services (including any changes to or revocation of any licenses from state authorities), breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account. You shall have the ability to delete your Account, either directly or through a request made to one of our employees or affiliates.

PROCESSING OF PERSONAL DATA

Your personal data will be treated in accordance with how things are laid out and explained within Jennifer Ann Falandys' Privacy Policy. Jennifer recommends that you also review High Level, LLC.’s Privacy Policy to understand how "Users of Users" personal information is handled and processed during your time on the High Level Platform where her Service is hosted. Especially if you create an account, or use a service that is built into it, including using electronic communications, entering your information into a form or chat applet on her Site, and/or becoming a member of her community that will be hosted on the High Level Platform.

CHANGES TO THESE TERMS OF USE

Jennifer Ann Falandys may revise and update these Terms of Use from time to time in her sole discretion. All changes are effective immediately when she posts them and apply to all access to and use of the Website thereafter. Your continued use of the Website following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.

ACCESSING THE WEBSITE AND ACCOUNT SECURITY

Jennifer Ann Falandys reserves the right to withdraw or amend this Website and any service or material she provides on the Website in her sole discretion without notice. Jennifer Ann Falandys will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, Jennifer may restrict access to some parts of the Website, or the entire Website, to users, including registered users.

To access the Website or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to through the use of any interactive features on the Website, is governed by Jennifer's Privacy Policy and these Terms of Use, and you consent to all actions Jennifer takes with respect to your information consistent with her Privacy Policy and what has been laid out here within these Terms.

If you choose, or are provided with, a username, password or any other piece of information as part of her security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your username, password or other security information. You agree to notify Jennifer immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.

Jennifer Ann Falandys has the right to revoke your access to protected areas of her site at any time in her sole discretion for any or no reason, including if, in Jennifer's opinion, you have violated any provision of these Terms of Use.

NO UNLAWFUL OR PROHIBITED USE OF INTELLECTUAL PROPERTY

You are granted a non-exclusive, non-transferable, revocable license to access and use the Website and the resources available for download from the Website strictly in accordance with these Terms of Use.

As a condition of your use of the Website, you warrant to Jennifer Ann Falandys that you will not use the Website or any of the resources available for download from the Website for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any of the resources available for download from the Website in any manner that could damage, disable, overburden, or impair the Website or interfere with any other party’s use and enjoyment of the Website. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website.

All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of Jennifer Ann Falandys or her suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.

Jennifer Ann Falandys' content is not for resale. Your use of the Website or any of the resources available for download from the Website does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of Jennifer Ann Falandys and/or the copyright owner. You agree that you do not acquire any ownership rights in any protected content.

Jennifer Ann Falandys does not grant you any licenses, express or implied, to the intellectual property that belongs to Jennifer, or her licensors except as expressly authorized by these Terms.

Jennifer Ann Falandys' name, her logo, and all related logos and designs are trademarks of Jennifer Ann Falandys, or her affiliates or licensors. You must not use such marks without the prior written permission from Jennifer. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.

FOR EDUCATION AND INFORMATIONAL PURPOSES ONLY

The information contained on this Website and the resources available for download through this Website are for educational and informational purposes only. The information contained on this Website and the resources available for download through this Website is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.

ACCURACY AND PERSONAL RESPONSIBILITY

As set forth more fully in the Service Disclaimer, Jennifer has done her best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but she cannot guarantee the accuracy of the information. Neither Jennifer Ann Falandys nor any of her family members affiliates, or future employees shall be held liable or responsible for any errors or omissions on this Website or for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.

By using this Website, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.

NO GUARANTEES AS TO RESULTS

Jennifer Ann Falandys does not make any guarantees about the results of taking any action, whether recommended on this Website and within her scope of services across the platforms she is on, or not. Jennifer Ann Falandys provides educational and informational resources that are intended to help users of this Website and her services, programs, products, or materials, succeed. You nevertheless recognize that your outcomes depend largely on your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of Jennifer Ann Falandys. Therefore, you also recognize that Jennifer cannot, in good conscience, make any guarantees as to outcomes or results.

You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others - and/or in applying the principles, guidance, or recommendations set out in this Website or through Jennifer Ann Falandys' services, programs, products, or materials are not a guarantee that you or any other person or entity will be able to obtain similar results, including if you have worked with her previously.

EMAIL AND OTHER ELECTRONIC COMMUNICATIONS

Visiting the Website or sending emails to Jennifer Ann Falandys constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that she provides to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.

Jennifer would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to her. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in Jennifer's Privacy Policy, she will take reasonable steps to ensure that any communications remain confidential, but she cannot guarantee the security of such communications and cannot guarantee that she would not be required to disclose such communications as a result of a court order.

CONTENT

A. Definition. For purposes of these Terms of Use, the term “Content” includes, without limitation, information, data, text, photographs, videos, audio clips, written posts and comments, software, scripts, graphics, and interactive features generated, provided, or otherwise made accessible on or through the Services. For the purposes of this Agreement, “Content” also includes all User Content (as defined below).

B. User Content. Jennifer Ann Falandys shall not be responsible for any Content added, created, uploaded, submitted, distributed, or posted to the Services by users (collectively “User Content”), whether publicly posted or privately transmitted. You represent that all User Content provided by you is accurate, complete, up-to-date, and in compliance with all applicable laws, rules and regulations. You acknowledge that all Content, including User Content, accessed by you using the Services is at your own risk and you will be solely responsible for any damage or loss to you or any other party resulting therefrom. Jennifer does not guarantee that any Content you access on or through the Services is or will continue to be accurate.

C. Notices and Restrictions. The Services may contain Content specifically provided by Jennifer Ann Falandys, her partners or her users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

D. Use License. Subject to these Terms of Use, Jennifer grants each user of the Services a worldwide, non-exclusive, non-sublicensable and non-transferable license to use (i.e., to download and display locally) Content solely for purposes of using the Services. Use, reproduction, modification, distribution or storage of any Content for other than purposes of using the Services is expressly prohibited without prior written permission from Jennifer. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

E. Availability of Content. Jennifer does not guarantee that any Content will be made available on the Site or through the Services. She reserves the right to, but does not have any obligation to, (i) remove, edit or modify any Content at her sole discretion, at any time, without notice to you and for any reason (including, but not limited to, upon receipt of claims or allegations from third parties or authorities relating to such Content or if we are concerned that you may have violated these Terms of Use, or for no reason at all and (ii) to remove or block any Content from the Services.

USE OF COMMUNICATION SERVICES AND YOUR CONDUCT

The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

a. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;

b. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information;

c. Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents;

d. Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer;

e. Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages;

f. Conduct or forward surveys, contests, pyramid schemes or chain letters;

g. Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner;

h. Falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded;

i. Restrict or inhibit any other user from using and enjoying the Communication Services;

j. Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service;

k. Harvest or otherwise collect information about others, including e-mail addresses, without their consent;

l. Violate any applicable laws or regulations.

Jennifer does not control the content, views, messages, or information found in the comments on this website and within the comments across Jennifer's social media platforms.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Jennifer Ann Falandys specifically disclaims any liability with regard to what is found within a user's comments, and any actions resulting from your participation and interaction with any commenters or the things they may upload. She not liable for the accuracy or fitness of the information shared in the comments by her users or platform visitor, including anything that they upload.

Jennifer Ann Falandys has no obligation to monitor the Communication Services. However, Jennifer reserves the right to review materials posted to a Communication Service and to remove any materials at her sole discretion. Spam comments can be reported and will be removed. Comment poachers may receive a warning. Jennifer reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

Jennifer Ann Falandys reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post, or to remove any information or materials, in whole or in part, at her sole discretion.

Always use caution when giving out any personally identifying information about yourself in any Communication Service.

Jennifer Ann Falandys does not control or endorse the content, messages, or information found in any Communication Service and, therefore, Jennifer Ann Falandys specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service.

Administrators, managers and hosts are not authorized to be Jennifer Ann Falandys' spokespersons, and their views do not necessarily reflect those of Jennifer Ann Falandys.

JENNIFER'S COMITTMENT TO ANTI-BULLYING AND COMBATTING MISINFORMATION

If bullying is occurring or she finds comments are hurtful, or by her opinion, misinformed or out of sync with the spirit or purpose of the content that Jennifer has shared, she holds the right to delete comments, provide a warning, and remove users from her platforms at any given time for the well-being of herself and where possible, other users. Jennifer reserves the right to ban users without warning.

MATERIALS PROVIDED TO THE WEBSITE

Jennifer Ann Falandys does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting a testimonial, comment, email, or information into the contact forms on Jennifer Ann Falandys website and platforms, you are granting Jennifer Ann Falandys permission to use your Submission in connection with the operation of her Internet Services, including, without limitation, the rights to: transmit, translate, and reformat your Submission; Jennifer Ann Falandys may request your permission to publicly display your submission, and request your permission to publish your name in connection with your Submission as she does her best to respect your privacy. No compensation will be paid with respect to the use of your Submission, as provided herein. Jennifer Ann Falandys is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at her sole discretion. By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

THIRD PARTY SERVICES

Certain services made available via https://www.jenniferannfalandys.org are delivered by third-party Websites and organizations. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under her control. Jennifer Ann Falandys is not responsible or liable for the content, views, functions, accuracy, legality, appropriateness, opinions, facts advice, statements, information changes, data-collection methods, or the privacy policies on third-party websites, or any external resources referenced on her website, or in her programs, services, products, or materials. Jennifer Ann Falandys assumes no responsibility for errors or omissions by other linked websites that may be included on her website, or in her services, programs, products, or materials.

By using any product, service, or functionality originating from a third-party service provider, you hereby acknowledge and consent that Jennifer Ann Falandys may share such information and data with any third party with whom she has a contractual relationship to provide the requested product, service or functionality on behalf of her Website’s users and customers.

INFORMATION ABOUT PAYMENTS AND BILLING WHEN IT IS APPLICABLE

A. Paid Services. Certain services may be subject to payments now or in the future. Please note that any payment terms presented to you in the process of using or signing up for a Paid Service are deemed part of this Agreement.

B. Billing. Jennifer uses a third-party payment processor such as Paypal, to bill you through a payment account linked to the Services for use of Paid Services. The processing of payments will be subject to the terms, conditions and privacy policies of the Payment Processor in addition to these Terms of Use.

C. Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen Payment Method. If Jennifer Ann Falandys, through the Payment Processor, does not receive payment from you, you agree to pay all amounts due on your Billing Account upon demand.

D. Recurring Billing. Some of the Paid Services may consist of an initial period, for which there is no charge or a one-time or initial charge, followed by recurring period charges as agreed to by you. By choosing a recurring payment plan, you acknowledge that such Services have an initial and recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. Depending on the service you may be enrolled in and billed for -- that service provider may submit periodic charges (e.g. Monthly Billing) without further authorization from you, if that is how the service works -- until you provide notice that you have terminated this authorization or wish to change your payment method. Providing this notice will not affect charges that were submitted before the service provider received your request and could reasonably act.

E. Please provide current, complete, and accurate information for your billing account. You must promptly update all information when it is necessary to keep your billing current, complete, and accurate (such as providing a change in address, credit card number, or card expiration date) and you must promptly notify Jennifer and/or the payment processor if you payment method has been cancelled for something like a loss, theft, or a breach of security (such as the unauthorized use of your account, username, or password). If you fail to provide the foregoing information, you understand and agree that you may continue to be charged for any use of paid services under your account unless you have terminated your paid services as set forth above.

F. Change in Amount Authorized. If the amount to be charged to your Billing Account varies from the amount you preauthorized (other than due to the imposition or change in the amount of state sales taxes), you have the right to receive, and Jennifer shall provide, notice of the amount to be charged and the date of the charge before the scheduled date of the transaction. Any agreement you have with your payment provider will govern your use of your Payment Method. You agree that we may accumulate charges incurred and submit them as one or more aggregate charges during or at the end of each billing cycle.

G. Using Auto-Renewal for Subscription-Based Services. Unless you opt out of auto-renewal, any subscription-based Services you have signed up for will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the current non-promotional rate. If you terminate a subscription-based Service, you may use your subscription until the end of your then-current term; your subscription will not be renewed after your then-current term expires. However, you won’t be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.

H. Reaffirmation of Authorization. Your non-termination or continued use of a Paid Service reaffirms that we are authorized to charge your Payment Method for that Paid Service. We may submit those charges for payment and you will be responsible for such charges. This does not waive Jennifer's right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Paid Service.

I. Free Trials and Other Promotions. Any free trial or other promotion that provides access to a Paid Service must be used within the specified time of the trial. You must stop using a Paid Service before the end of the trial period in order to avoid being charged for that Paid Service. If you cancel prior to the end of the trial period and are inadvertently charged for a Paid Service, please contact Jennifer at [email protected]

USE OF TEMPLATES AND FORMS

Jennifer Ann Falandys, will at times, provide various templates and/or forms to download and/or sell on this Website that are both free and paid offerings. Jennifer Ann Falandys grants you a limited, personal, non-exclusive, non-transferable license to use her templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use. By ordering or downloading forms, you agree that the forms that you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Jennifer Ann Falandys.

USE OF FREE DOWNLOADABLE CONTENT

Jennifer Ann Falandys provides various resources on this Website, which users may access by providing an e-mail address. Jennifer Ann Falandys grants you a limited, personal, non-exclusive, non-transferable license to use her resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner. By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of Jennifer Ann Falandys. By downloading the Freemium Content, you further agree that you shall not create any derivative work or competing products or services based upon Jennifer's own words contained in the Freemium Content without her consent.

FREE SERVICES OPT-IN

No matter where you are located in the world, if you opt-in to receive any free services, resources, participate in any free training programs, register for a webinar, register for a live event, register for a seminar, or purchase any products sold by Jennifer Ann Falandys on this Website, or across her platforms, Jennifer does not automatically enroll you to receive her free electronic newsletter unless it is otherwise written out that by signing up to receive specific free content or specific free event, you are also agreeing to be added to her email list. As automation services have been quick to evolve, if you do find yourself automatically enrolled in a mailing list or email service, please reach out to Jennifer to let her know so that she can address the situation with the providing platform directly, at [email protected]

HOSTING GUESTS ON HER PLATFORMS FOR PODCASTING, BLOGS AND ARTICLES

Jennifer Ann Falandys may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. In the spirit of collaboration, Individuals who agree to appear as guests on any podcast offered by Jennifer Ann Falandys agree to share all intellectual property rights they may have in any such interviews to Jennifer Ann Falandys and further provide a license to any rights they are unable to assign.

Hosting third-party guests in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium does not imply that she aligns with or endorses their views and opinions. They are solely that of her guests. Jennifer Ann Falandys does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.

Jennifer is not liable or responsible for the views and opinions of her guests, what their websites collect, whether or not their websites function properly, or any damages, claims, or mental distress that may arise from you using, reading, listening, downloading, or interacting with their content.

Jennifer recommends that you review the websites of other providers, participants, collaborators or partners for more information and read their policies before reading, listening, downloading, or interacting, with their content or opting-in receive anything.

In choosing to participate in any capacity, including making the choice to submit any information to Jennifer or others, you assume all risk and responsibility for your own choices, relative to your decision. Please use discernment in determining if doing so is right for you.

• Jennifer As A Guest

Jennifer Ann Falandys, may, from time to time, provide information to, or participate with a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium.

Her opinions are her own unless otherwise specified. Jennifer’s decision to participate or collaborate with a third party on a podcast guest interview, interview on other platform, on guest blog post, or via other medium does not mean or imply that Jennifer is aware of or endorses the personal or professional views of the individual, company or organization that she is participating or collaborating with.

When agreeing to be a podcast guest, Jennifer Ann Falandys requires pre-interviews before consenting to make sure the format of the show, and its pace, and the expectations that come with participating can support the cognitive challenges that she experiences. She is happy to extend this same courtesy to her own Podcast guests if they need this type of additional support. Please send an email to Jennifer at [email protected] with questions or to make this request.

When agreeing to guest post, Jennifer requires a written agreement that she will be credited, and a timeframe will need to be provided as to when the feature will be posted, she is fine with a ballpark idea.

While it is well known that Jennifer does not support the gatekeeping of information, because she has frequently found her content and words taken and posted elsewhere or used without her permission or attribution, she has had to put boundaries down and state her expectations regarding her contributions.

• Changes and Cancellations As The Host or Guest

Jennifer has the right to cancel an agreement to provide a podcast guest interview, guest blog post, or an interview on other platform if things are not in alignment. Should Jennifer feature or promote anything on behalf of any individual or business, Jennifer reserves the right to amend her decision and her views. She also reserves the right to take down, and remove any video, episode, interview, guest post or other content that she has posted, whether it be her own, something that she has posted on behalf of or to support an individual or business, or it was provided by someone else, at her discretion.

REFUNDS

You are entitled to a refund if requested, on purchases over $25 that you have made from Jennifer Ann Falandys' Amazon Wishlist or from Pavilion Gift as an exchange for services after entering into a contract with her to receive a product or service that you requested, as long as it is made within three days after purchasing a product or service from her. (Cooling Off Period)

NO WARRANTIES

JENNIFER ANN FALANDYS MAKES NO WARRANTIES REGARDING THE PERFORMANCE OR OPERATION OF THIS WEBSITE. THE COMPANY FURTHER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE INFORMATION, CONTENTS, MATERIALS, DOCUMENTS, PROGRAMS, PRODUCTS, BOOKS, OR SERVICES INCLUDED ON OR THROUGH THIS WEBSITE. TO THE FULLEST EXTENT PERMISSIBLE UNDER THE LAW, JENNIFER ANN FALANDYS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATION OF LIABILITY

YOU AGREE TO ABSOLVE JENNIFER ANN FALANDYS OF ANY AND ALL LIABILITY OR LOSS THAT YOU OR ANY PERSON OR ENTITY ASSOCIATED WITH YOU MAY SUFFER OR INCUR AS A RESULT OF USE OF THE INFORMATION CONTAINED ON THIS WEBSITE AND/OR THE RESOURCES YOU MAY DOWNLOAD FROM THIS WEBSITE. YOU AGREE THAT JENNIFER ANN FALANDYS SHALL NOT BE LIABLE TO YOU FOR ANY TYPE OF DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL, INCIDENTAL, EQUITABLE, OR CONSEQUENTIAL LOSS OR DAMAGES FOR USE OF THIS WEBSITE. THE INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE WEBSITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. JENNIFER ANN FALANDYS AND/OR HER SUPPLIERS MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE WEBSITE AT ANY TIME. JENNIFER ANN FALANDYS AND/OR HER SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS CONTAINED ON THE WEBSITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS ARE PROVIDED "AS IS" WITHOUT WARRANTY OR CONDITION OF ANY KIND. JENNIFER ANN FALANDYS AND/OR HER SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JENNIFER ANN FALANDYS AND/OR HER SUPPLIERS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE WEBSITE, WITH THE DELAY OR INABILITY TO USE THE WEBSITE OR RELATED SERVICES, THE PROVISION OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND RELATED GRAPHICS OBTAINED THROUGH THE WEBSITE, OR OTHERWISE ARISING OUT OF THE USE OF THE WEBSITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF JENNIFER ANN FALANDYS OR ANY OF HER SUPPLIERS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE WEBSITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE WEBSITE.

ARBITRATION CLAUSE

You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, Jennifer Ann Falandys, any and all contracts you enter into with Jennifer Ann Falandys, and any and all of Jennifer Ann Falandys' services, programs, products or materials. To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Olean, New York. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you assert against Jennifer Ann Falandys. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

INDEMNIFICATION

You agree to indemnify, defend, and hold harmless Jennifer Ann Falandys, her officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. Jennifer Ann Falandys reserves the right, at her own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Jennifer Ann Falandys in asserting any available defenses.

GOVERNING LAW AND JURISDICTION

These Terms of Use shall be governed by and construed in accordance with the laws of the State of New York, including its conflicts of law rules, and the United States of America. You agree that any dispute arising from or relating to the subject matter of these Terms of Use shall be governed by the exclusive jurisdiction and venue of the state and Federal courts of Cattaraugus County, New York.

CHANGES TO TERMS

Jennifer Ann Falandys has a right, at her sole discretion to change her terms of ser at any time. The most current version will supersede all previous versions. If she decides to change the terms, she will post changes on this page so that you are always aware. Jennifer encourages you to periodically review her Terms of Use.

If you have provided your email address to Jennifer, you give her permission to email you for the purpose of notification of these changes You’re responsible for ensuring that Jennifer Ann Falandys has an up-to-date active and deliverable email address for you, and for periodically visiting her website to check for changes made to her Terms of Use, Privacy Policy, Service Disclaimer, and her Cancellation and Refund Policy. If you do not agree to any changes if and when such changes may be made to her terms of use, privacy policy, or her disclaimer you must cease access to this website. The date the terms was last revised is identified at the bottom of the page.

TERMINATION AND ACCESS RESTRICTION

Jennifer Ann Falandys reserves the right, at her sole discretion, to terminate your access to the Website and the related services or any portion thereof including your access to her programs, products, and materials, at any time, without notice. Where possible, Jennifer will do her best to inform you of why she is terminating access. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website, Jennifer's disclaimers or her terms of us that are laid out in this agreement pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of this agreement and the terms that have been laid out in her Privacy Policy and her Service Disclaimer, including, without limitation, this section.

NO JOINT-VENTURE OR OTHER RELATIONSHIP

You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jennifer Ann Falandys as a result of this agreement or use of the Website. Jennifer Ann Falandys' performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of Jennifer's right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by Jennifer Ann Falandys with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

NO WAIVER

Failure to enforce any part of these Terms of Use shall not constitute a waiver of the right to later enforce that or any other part of these Terms of Use. Waiver of compliance in any particular instance does not mean that compliance will be waived in the future. In order for any waiver of compliance with these Terms of Use to be binding, Jennifer Ann Falandys must provide you with written notice of such waiver through an authorized representative.

HEADINGS

The section and paragraph headings in these Terms of Use are for convenience only and shall not affect their interpretation.

ENTIRE AGREEMENT

Unless otherwise specified herein, this agreement, along with the Privacy Policy and Service Disclaimer, constitutes the entire agreement between the user, and Jennifer Ann Falandys with respect to the Website and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and Jennifer Ann Falandys with respect to the Website.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.

CONTACT INFORMATION

JENNIFER ANN FALANDYS

[email protected]

310 S. 1st Street

Olean, NY 14760

This page was last revised on January 17th 2024