Terms of Service:

Coaching & Course Access

Last revision: May 2023
Table of Contents

    1. Legally binding agreement

    By clicking the “Accept” button on jessicabel.com (the “Website”) or autonomous-creative.thrivecart.com as part of the order process for services provided by Autonomous Creative, LLC (“Autonomous Creative”), or by otherwise submitting an order to Autonomous Creative (whether online, by telephone or email, or by other means), the person for which client information is provided in the cart or order submission (“Client”) accepts and agrees to, and intends to be legally bound by, these Terms of Service.  Autonomous Creative may change these Terms of Service from time to time, effective upon posting an updated version on the Website.

    2. Services

    Autonomous Creative will provide Client with the online access, group coaching or individual coaching services selected by Client in the cart or order submission, as such Services are described on the Website from time to time (the “Services”).  Autonomous Creative reserves the right not to accept Client or otherwise to decline to provide Client with the Services.

    3. Term

    Online access service will continue for the number of months agreed upon in the cart or in an order submission.  Group and individual coaching services will terminate at the expiration of the service period for such services set forth on the Website (i.e., Client must utilize all coaching sessions purchased by Client within such period or Client’s right to such sessions will expire). 

    4. Scheduling

    Client will schedule coaching sessions a minimum of one week in advance, via the procedure (such as email, scheduling app, etc.) indicated by Autonomous Creative from time to time, at the location designated by Autonomous Creative.  If Client cancels a scheduled coaching session by providing Autonomous Creative at least 48 hours advance notice, then Client may reschedule such session.  If Client does not provide such notice of cancellation, then Client will be charged for such session and it may not be rescheduled.

    5. Cancellation

    Client may cancel group coaching services at any time during the trial period set forth on the Website, in which event Client will receive a pro-rated refund of charges paid based on any sessions provided during the trial period.  Except for the foregoing, Client will not be entitled to a refund of any charges paid for any of the Services, even if Client elects not to receive the Services.  Autonomous Creative may cancel any unused coaching sessions by providing Client with notice, in which event Client will receive a refund of charges paid for the unused sessions. 

    6. Charges

    Client will pay all charges set forth in the cart or in an order submission that is accepted by Autonomous Creative.  Client will be liable for all costs (including, without limitation, reasonable attorney fees) incurred by Autonomous Creative in connection with collecting any charges or other amounts to which it may be entitled or enforcing its rights under these Terms of Service.

    7. Billing arrangements

    For online orders, Client will provide Autonomous Creative with valid major credit card information and will pay by such credit card all charges or any other amounts to which Autonomous Creative may be entitled pursuant to these Terms of Service.  Autonomous Creative will charge Client’s credit card in advance of Service delivery for all charges.  Client authorizes Autonomous Creative to charge Client’s credit card as provided above and agrees not to dispute or cancel charges of Autonomous Creative properly made in accordance with these Terms of Service.

    8. Client Responsibilities

    • In providing services, Autonomous Creative will be using and relying on information provided or made available by Client without independent verification.  Client agrees to be candid and cooperative with Autonomous Creative and to provide Autonomous Creative with timely, complete, accurate and truthful information as requested by Autonomous Creative. 
    • Autonomous Creative will not be responsible or liable for, and Client will indemnify and hold harmless Autonomous Creative from, any claim or action relating to the accuracy or completeness of any information provided or made available by Client or to any infringement or violation of any such information of any third party rights, including, without limitation, any trademark, copyright, right of privacy or other right of any person or entity. 
    • Client acknowledges that any advice or belief that Autonomous Creative expresses from time to time, including but not limited to various courses of action or results that might be anticipated, is intended merely to be an expression of advice or belief based on information available to Autonomous Creative at the time and not a promise or guarantee.  Client also acknowledges that Autonomous Creative makes no promise or representation of income or outcomes that may be achieved by Client.  Client acknowledges that Autonomous Creative’s services are advisory only and that Client bears full responsibility for the use or implementation of such advice or services. 
    • Client will be solely responsible for, and Autonomous Creative will have no liability arising out of, any matters or circumstances relating to Client’s business, whether utilizing Autonomous Creative’s services or otherwise and notwithstanding any advice, deliverable, recommendation or requirement of Autonomous Creative. Client will indemnify and hold harmless Autonomous Creative from any claim or action relating to any such matter or circumstance. 

    9. Proprietary Rights

    Client will own all creative work created by Client in connection with the services provided by Autonomous Creative.  Autonomous Creative will own and have the right to fully exploit any coaching processes or techniques, technology, materials, suggestions, ideas, enhancements, feedback, recommendations or other information (other than Client creative work) provided by Client or jointly developed in the course of providing the Services.  No rights whatsoever are granted to Client in the intellectual property (including, without limitation, documentation, materials, research, information, technology, processes, techniques, skills, artwork, knowledge or know-how) of Autonomous Creative, even if created, developed or used in the course of Autonomous Creative’s provision of services to Client or included in or modified to provide services to Client.

    10. Confidentiality

    Each party will maintain in confidence, protect, safeguard and not disclose or make available to any third party the information of the other disclosed by the other which is not generally known or available to the other, the public or any competitor or which is otherwise marked as confidential or proprietary information.  Autonomous Creative may retain copies of the confidential information of Client after termination of its services, subject to the obligations of this Section 10.

    11. Communications and Information

    • Autonomous Creative uses electronic communication devices and third-party platforms for communications (such as Slack or Zoom), online forums, and electronic file storage (such as Google or Dropbox).  The use of such devices and platforms may place Client information, including, without limitation, personally identifiable information, at risk.  Client acknowledges that no Internet transmission or communications or storage platform is ever completely secure or error-free, that no security measures are perfect or impenetrable, and that Autonomous Creative does not ensure that information communicated or stored through or in any third-party platform, including, without limitation, personally identifiable information, will not become publicly available, corrupted or lost.  
    • Client consents to Autonomous Creative’s use of these devices and platforms for communication and document storage and management and agrees that Autonomous Creative will have no liability (and Client waives and releases all rights and claims against Autonomous Creative) arising out of any failure, breach, performance or other use of any third-party service or platform. 
    • Autonomous Creative has established a privacy policy, located on the Website, that governs certain aspects of the use, maintenance and disclosure of Client information by Autonomous Creative.  In addition, Client understands that Client may be including personally identifiable information as part of Client’s account profile or posting personally identifiable information in public spaces, such as an online forum or group coaching session.  This information may include, for example, Client’s username (if it includes Client’s name or other information that could be used to identify the Client), age, gender, or location or other demographic information.  Such information will become available to other Autonomous Creative clients.
    • It is Client’s responsibility to decide whether any such public information personally identifies Client or not and to only include information that Client is comfortable making available to others.  By including or posting personally identifiable information, Client acknowledges that Client has chosen to make it public at Client’s sole discretion, that it will be available publicly to other Autonomous Creative clients, and that Autonomous Created cannot control the actions of others who have access to such information.  Client is advised to be careful about what information Client shares. 

    12. Indemnification by Client

    In addition to any other rights or remedies of Autonomous Creative, Client will indemnify, defend and hold harmless Autonomous Creative and its members, managers, officers, employees and representatives from and against any and all losses, claims, obligations, liabilities, actions, suits, proceedings, demands, judgments, payments, costs and expenses (including, without limitation, court costs, amounts paid in settlement, judgments, and reasonable attorney fees and other expenses), and damages of any kind, nature or description whatsoever (“Damages”) arising out of (i) any misrepresentation, breach of covenant or warranty or other breach or violation of these Terms of Service by Client, (ii) use of the Services by Client or any third party, and (iii) any other act or omission of Client, its affiliates or any of their owners, officers, representatives, employees or users or such third parties (including, without limitation, personal injury or damage to property).

    13. Limitations of Autonomous Creative’s Liability

    • No warranties.  AUTONOMOUS CREATIVE DISCLAIMS ANY AND ALL WARRANTIES RELATING TO THE SERVICES OR ANY OTHER MATTER, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING OR TRADE PRACTICE.  
    • No consequential damages.  IN NO EVENT WILL EITHER PARTY BE LIABLE OR RESPONSIBLE TO THE OTHER FOR ANY TYPE OF INCIDENTAL, PUNITIVE, SPECIAL, EXEMPLARY, RELIANCE, INDIRECT OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOSS OF GOODWILL, LOSS OF RIGHTS, OR LOSS OR INACCURACY OF DATA, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE FORESEEABILITY OF SUCH DAMAGES, WHETHER ARISING UNDER THEORY OF CONTRACT, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.  
    • Liability exclusions.  IN NO EVENT WILL AUTONOMOUS CREATIVE BE LIABLE TO CLIENT OR ANY OTHER PERSON OR ENTITY FOR DAMAGES ARISING IN ANY MANNER OUT OF ANY USE OF THE SERVICES BY CLIENT OR ANY OTHER PERSON OR ENTITY. 
    • Liability maximum.  IN THE EVENT AUTONOMOUS CREATIVE WILL BE LIABLE TO CLIENT NOTWITHSTANDING THE LIMITATIONS HEREIN, AUTONOMOUS CREATIVE’S LIABILITY (WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, BY STATUTE OR OTHERWISE) WILL NOT EXCEED, IN THE AGGREGATE, THE CHARGES ACTUALLY PAID TO AUTONOMOUS CREATIVE FOR THE SERVICES THAT GIVE RISE TO THE LIABILITY.
    • Survival.  THE PARTIES ACKNOWLEDGE THAT AUTONOMOUS CREATIVE HAS SET ITS PRICES AND AGREED TO PROVIDE THE SERVICES IN RELIANCE UPON THE LIMITATIONS OF LIABILITY AND THE DISCLAIMERS OF WARRANTIES AND DAMAGES SET FORTH HEREIN, AND THAT THEY FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.  

    14. Miscellaneous provisions

    Client must be at least 18 years old to order the Services. These Terms of Service will be governed by and construed in accordance with the internal laws of the Commonwealth of Pennsylvania, without regard to its principles of conflicts of laws.  Autonomous Creative and Client each hereby submits (and waives the right to contest on any grounds) to the exclusive, personal jurisdiction of either the Federal District Court for the Eastern District of Pennsylvania or any state, municipal or local court located in Philadelphia County, PA for all claims, disputes or controversies involving such parties and relating to the Services or these Terms of Service; provided, however, nothing herein will prevent Autonomous Creative from asserting a claim for indemnification or any other claim hereunder in connection with a third party action in the same jurisdiction where a third party action has been brought.  If any provision of these Terms of Service is held by a court of competent jurisdiction to be invalid or unenforceable, such provision(s) will be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect.  Except for the payment of charges by Client, neither party will be liable for any failure to perform, or any delay in performing its obligations under these Terms of Service to the extent such failure or delay is caused by or results from an event beyond such party's reasonable control.  No joint venture, partnership, employment, or agency relationship exists between Client and Autonomous Creative as a result of the provision of the Services or these Terms of Service.  The failure of Autonomous Creative to enforce any right or provision of these Terms of Service will not constitute a waiver of such right or provision.  All remedies of Autonomous Creative under these Terms of Service will be cumulative and not in limitation of any other remedies.  These Terms of Service comprise the entire agreement between Client and Autonomous Creative and supersede all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, regarding the subject matter hereof.  Autonomous Creative may give legal notice by means of electronic mail or other communications platform to Client's address on record in Autonomous Creative account information.