Terms of Service
Updated and in force as of February 5, 2021
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.
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!
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.
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.
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.
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.
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.
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.
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.
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.
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 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.
Thank you for using the jessicaabel.com website, including any use of any live and recorded events, podcast, course or newsletter, or any other content we may create, as well as any of our services that require payment (“Premium Content”), published, produced, written, or otherwise facilitated in any way by Autonomous Creative, LLC (“Company”), whether such podcast or newsletter is hosted through this website or a third party. All such content or services, (collectively, “Service”) is the exclusive property of Autonomous Creative, LLC (“Company,” which may be referred to herein as “we,” “us,” or “our”).
We collect personal information that you provide to us when you create an account through our Service, such as name, address, contact information, passwords, payment information and security data. Some information – such as IP address and/or browser and device characteristics – is collected automatically when you visit our website or otherwise access our Service through a third party.
We restrict access to non-public personal information about you to the Company and its employees who need to know such information in order to provide products and services to you and ensure compliance with legal obligations. We maintain physical, electronic, and procedural protections that comply with federal regulations to guard your non-public personal information.
Like many businesses, we also collect information through cookies and similar technologies2. We automatically collect certain information when you visit, use or navigate the website and/or Service. This information does not reveal your specific identity (like your name or contact information) but may include device and usage information, such as your IP address, browser and device characteristics, operating system, language preferences, referring URLs, device name, country, location, information about how and when you use our website or Service and other technical information. This information is primarily needed to maintain the security (e.g. fraud detection) and operation of our website and Service, and for our internal analytics and reporting purposes.
When you post a comment on our Service, we collect additional data, such as the time of your comment (in addition to your login time and duration on the Service), as well as the content of your post.
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 Services through public forums, such as our blog, will be available publicly. Other information you choose to share, hosted on our website or through a third party service that is part of our Paid Content, will be available to other users of the Service. You should be careful about what you share.
The Website and Service include 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, where possible, or non-anonymized if the data (e.g. screenshots of your comments) if such data is commercially difficult to anonymize, and you consent to us sharing such data by using the Service, and or Premium Content. By participating in our Services including our Facebook group or other third party services, you consent to our use of screenshots, screen recordings, and/or audio recordings that we might make that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use such content and/or any other materials submitted by you to us in connection with your participation in our Service, and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
NON-LEGALESE TRANSLATION: We collect various data that you voluntarily provide to us, such as your name, email address, physical address, passwords, payment information and password(s) when you create an account through our Service. In addition, we collect some data automatically, such as IP address and web browser, when you visit our website (as generally all servers do) or use our Service through a third-party host. We may share any personal data you voluntarily add, though the Service, or Premium Content, publicly in an anonymized way, and you consent to us sharing such data by using the Service, including Premium Content, without compensating you.
When Your Data is Collected and Why
The following table describes the data that we may collect from you during your use of our Service.
Data stored by us:
How and when we collect the data:
How we use the data:
|Email address and/or username or personal name||Can be provided by user when creating an account||We use this data to communicate with users of our Service and associate comments the user makes with their particular account, as well as send marketing information (more info on marketing information below).|
|Login time, IP address, and other technical data (“Technical Data”)||This data is automatically collected as users use the Service||We use this data to improve website performance or Service, analyze user experiences and patterns of use, and facilitate Service updates while mitigating disruption of Service. Please review our “Technical Data” section below, if you would like additional information.|
|Payment Information||Can be provided by user when purchasing Premium Content.||We use this data to bill you,in order to provide you access to Premium Content|
|Your Interest in Marketing Information||Can be provided by user when creating an account or otherwise interacting with a Service we offer, such as signing up for our newsletter or podcast||We use this data to determine what, if any, marketing materials we can send to you that we believe may interest you and enhance your experience of using our Service.|
NON-LEGALESE TRANSLATION: The above chart shows the data we collect, when we collect it, and why we collect it.
We may, from time to time, use tracking methods that record specific information from your browser or device. This information may contain your language settings, log files, web beacons, pixel tags, internet protocol address, specific browser, internet service provider, operating system, and dates, times and duration of your use of our Service. Collecting this data allows us to improve the Service and provide a better user experience. To further this goal, we may implement cookies, which are small files that your device saves during your use of our Service. These files will track your usage patterns, which will enable us to create a better experience for you.
There are different kinds of cookies we may send to your device:
- “Essential cookies” help confirm our Service is functioning correctly.
- “Analytical cookies” help confirm usage patterns on our Service, such as which of our pages are most popular with our users.
- “Functional cookies” help confirm your preferences when using the Service, such as what language you use for the Service.
- “Persistent cookies” survive your session on our Service, although you can always delete these cookies through your web browser.
- “Session cookies” do not survive your session on our Service and are temporary. Once your session is over, these cookies will expire.
We may also collect “pixel tags,” which is a tiny image that can confirm to us, through a web page or an email, when you have accessed a particular page or email.
More on Marketing
We do not currently share your personal data with third parties for their direct marketing purposes without first obtaining your consent. We may, however, provide non-personal data to third parties to help facilitate the function of our Services. We may also use data you provide to us, such as your interest in other Services we offer when you purchase a product from us, to market other Services we believe will interest you. You can always opt out of these marketing communications by following the opt-out link in the applicable marketing message, or by contacting us at Contact@JessicaAbel.com
NON-LEGALESE TRANSLATION: We may collect data from you about your interest in marketing materials so that we can direct you to the most relevant products and services we offer that we believe may interest you. We don’t share your data with other companies for marketing purposes without your explicit consent. You can always opt out of these marketing messages.
Cross-Border Data Transfers
We process data both inside and outside of the United States, and we rely on legal mechanisms to lawfully transfer data across borders. Countries where we process data, such as the United States, potentially have less protective laws than the privacy protections of your own country. We are aware of the July 16, 2020, ruling by the European Court of Justice and the September 8, 2020 opinion by the Swiss Federal Data Protection and Information Commissioner (FDPIC) invalidating the EU-US Privacy Shield Framework and the Swiss-US Privacy Shield Framework. We will continue to wait for guidance from the European Commission, Swiss FDPIC and the US Government regarding how to best protect your data in the event of cross-border transfers. Although this decision by the CJEU invalidated the use of Privacy Shield, SCCs remain in place and we may transfer data from the EU, EEA and Switzerland using SCCs.
NON-LEGALESE TRANSLATION: We may process your data in the United States or abroad, (e.g., working with foreign-based email marketing teams or foreign-based call centers). There was a recent decision from an influential court in the European Union that requires any data transfer between the US and EU to use “Standard Contractual Clauses,” which are certain provisions in data-transfer agreements that must be agreed to between the controller (us) and the processor (the entity or person we may transfer your data to in order to enhance your experience of our Service). We will use these Standard Contractual Clauses when we transfer your data abroad.
Data We Do Not Collect
We do not collect any sensitive data about you. Sensitive data refers to data that includes details about your race or ethnicity, religious or philosophical beliefs, sex life, sexual orientation, political opinions, trade union membership, information about your health and genetic and biometric data. We do not collect any information about criminal convictions and offenses. You can read more about this data here: https://ec.europa.eu/info/law/law-topic/data-protection/reform/rules-business-and-organisations/legal-grounds-processing-data/sensitive-data/what-personal-data-considered-sensitive_en
NON-LEGALESE TRANSLATION: Some data is quite personal, such as your ethnicity or religious beliefs. We do not collect this data.
You have several rights to your private information. You may review, change, or terminate your account at any time. We do not delete any anonymous data, any may use in the future to conduct aggregate analysis on the performance or trends of our Service. Please do not use our Service if you do not want us to store such data indefinitely.
In some regions, like the European Economic Area, you have certain rights under applicable data protection laws. These may include the right (i) to request access and obtain a copy of your personal information, (ii) to request rectification or erasure; (iii) to restrict the processing of your personal information; and (iv) if applicable, to data portability. In certain circumstances, you may also have the right to object to the processing of your personal information. To make such a request, please contact us at Contact@JessicaAbel.com. We will consider and act upon any request in accordance with applicable data protection laws.
If we are relying on your consent to process your personal information, you have the right to withdraw your consent at any time. Please note however that this will not affect the lawfulness of the processing before its withdrawal. You can withdraw your consent by deleting your account, if you have one, or otherwise emailing us at Contact@JessicaAbel.com
If you are resident in the European Economic Area and you believe we are unlawfully processing your personal information, you also have the right to complain to your local data protection supervisory authority. You can find their contact details here: http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
NON-LEGALESE TRANSLATION: You can delete your account whenever you would like, though we will store some of your non-personal data indefinitely to help improve the quality and performance of our Service. You may have additional rights if you are based in certain regions, such as the European Economic Area. For example, you may complain to your local data protection supervisory authority if you think we are violating your privacy rights with regard to your personal information. You can find their contact details here http://ec.europa.eu/justice/data-protection/bodies/authorities/index_en.htm
If you have questions or comments about this policy, email us at Contact@JessicaAbel.com