This websites, jencoken.com and www.jencoken.co including all pages, our own linked websites, content and subdomains (collectively, "Site") is owned and operated by Embrace the Ridiculousness of Life LLC. In these Terms of Use ("Terms"), "we", "us" and "our" means Embrace the Ridiculousness of Life LLC and the terms "you" or "your" means any individual user of our Site or, if you are using this Site on behalf of your employer, means both you and your employer.
NOTICE: It is your responsibility to carefully read these Website Terms of Use ("Terms") prior to using our Site or purchasing or accessing any of our products or services, whether free or paid, including but not limited to our content, webinars, courses, coaching programs, workshops, keynotes, related client portals, Digital Products (as defined below) or any other resources (collectively, "Services"). These Terms, as well as our Privacy Policy govern your use of the Site and Services and are legally binding on you.
USE OF OUR SITE AND SERVICES
When you accessed our Site or opted in to any of our Services you were given reasonable notice that these Terms existed. By accessing and continuing to use our Site or by clicking to accept or agree to these Terms when the option is made available to you, you agree to be bound by and abide by these Terms and our Privacy Policy. These Terms incorporate by reference our Privacy Policy, which explains how we collect, use, disclose, and safeguard your personal information. By using our Site or Services, you acknowledge that you have read and agree to our Privacy Policy.
You must be at least 18 years of age to use our Site and access our Services. By using this Site and accessing our Services, you represent and warrant to us that you are of legal age of majority in your place of residence and can form a legally binding contract.
While we aim to keep this Site as up to date as possible, we cannot guarantee that all content on our Site is entirely accurate, complete, or up to date. We reserve the right at any time to modify or discontinue, in whole or in part, any Services offered or change the prices of Services without notice. We are not liable to you or any third-party for any modification, price change, suspension or discontinuation of any Services.
If you wish to access, correct, or request deletion of your personal information, please refer to the "Your Rights" section of our Privacy Policy for details on how to submit a request and the process we follow, including applicable exceptions. You may contact us at [email protected] to initiate any such request.
PURCHASE TERMS
Online Purchases All orders, purchases, or transactions made through this Site are subject to these Terms. Additional terms may apply to specific features of this Site where indicated and are incorporated into these Terms by reference.
Fees and Pricing All fees and prices are listed in USD and are subject to change without notice. The price charged will be the price advertised on our Site at the time your order is placed, subject to any applicable promotions. Any price increase will only apply to orders placed after the increase is posted. All prices are exclusive of applicable taxes, which will be clearly itemized at checkout and confirmed in your order confirmation email. We reserve the right to correct any pricing errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences.
Payment Method Payment must be received before we accept your order. We accept credit cards and payments processed through Stripe and other third-party payment processors. You represent and warrant that: (i) your payment information is true, correct, and complete; (ii) you are authorized to use the payment method provided; and (iii) charges will be honoured by your payment provider.
Payment Authorization For recurring payments or payment plans, you authorize us to continue charging your payment method through any third-party payment processor we use until payment is received in full, in accordance with the payment terms accepted at checkout.
Subscriptions Subscription purchases renew automatically based on your account preferences. By selecting a subscription, you authorize us to charge your payment method for future purchases at the quantity and frequency specified. You are responsible for all recurring charges prior to cancellation. You may change or cancel your subscription at any time by contacting us at [email protected] prior to your next billing date. A reminder email will be sent in advance of renewal where applicable.
No Refunds All sales are final. We do not provide refunds. If you have any questions about the Services, please reach out to us prior to purchase at [email protected].
Physical Products For any physical products purchased through our Site, all sales are final unless the item arrives damaged or defective. To report a damaged or defective item, contact [email protected] within 7 days of delivery with proof of purchase and a description of the issue. We will work with you in good faith to resolve the matter. We are not responsible for delays or losses caused by shipping carriers.
Chargebacks Prior to initiating a chargeback, you agree to contact us and allow 14 days to resolve the issue. In the event of a chargeback, we reserve the right to revoke your access to our Services, submit all relevant purchase records to the payment processor, and seek recovery of any amounts determined to be wrongfully charged back.
INTELLECTUAL PROPERTY AND OWNERSHIP OF RIGHTS
Ownership of Intellectual Property Rights All content, resources, materials, Digital Products (as defined below), images, text, designs, graphics, icons, videos, logos, taglines, trademarks (whether common law or registered), copyright, and service marks ("Intellectual Property") on our Site and within our Services or posted on social media is owned by us, unless attributed otherwise. This includes but is not limited to the POWER Code framework, all coaching frameworks, workshop materials, keynote content, the Executive Presence Accelerator program, and all associated written, audio, and video content. All content on the Site and in any Services is proprietary to us and you may not modify, whether in whole or in part, any of our Intellectual Property as this is a violation of our rights and of federal law.
You may only use our Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site in any form or medium whatsoever except:
Your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
A reasonable number of copies for personal use only may be printed, keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind;
In the event social media platforms are linked to certain content on our Site, you may take such actions as our Site and such third-party social media platforms permit.
Linking to our Site and Social Media If you wish to link to our Site as a source for a blog, article, or other marketing or promotional purpose you are required to include a direct link to our Site in the cited material. You are not permitted to share copied information or content from our Site without our express, written permission. All links to our Site must establish that you do not have any association or endorsement from us (absent a separate affiliate agreement, influencer agreement, or other written agreement). You are not permitted to repost any of our information on your own website or social media account without our express written permission. You agree to immediately remove any content when requested by us.
Digital Product Licensing When you purchase or access any of our digital products, including but not limited to any of our videos, workbooks, courses, coaching programs, services or other resources (collectively "Digital Products"), you are granted a limited, non-transferable, non-exclusive, revocable license for personal or internal business use only.
For clarity, as part of your limited license:
You may:
Access and use the product for your own personal or internal business use;
Download or print materials for your use only.
You may not:
Share, resell or distribute the Digital Products to others (including sharing your account logins with others to access the Digital Products);
Copy or modify the product for redistribution;
Use the Digital Product in whole or in part as "inspiration" or make minor changes to any part or whole of your purchases for resale, sharing or distribution as your own work;
Claim the Digital Product or any variations as your own.
Right to Retire Services We reserve the right to retire, discontinue, or withdraw any of our Services from sale at any time and for any reason, without notice and without liability. Retirement of a product does not affect your right to continue using the version you received, but we are under no obligation to provide updates, support, access to future versions, or continued availability of any platform or delivery mechanism associated with the product.
Violations and Indemnity We take violations and infringement of our Intellectual Property rights seriously. We reserve the right to revoke your access to our Site and Services for any misuse or infringement and further reserve the right to take whatever legal steps are necessary to protect and enforce our Intellectual Property rights.
SECURITY
General You understand that the transmission of information via the internet is not completely secure. Although we make commercially reasonable efforts to protect your information, we cannot guarantee the security of your personal information transmitted to our Site. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on our Site.
Account Security You are responsible for safeguarding any login details associated with accessing our Services. If you suspect your account has been compromised, please contact us immediately at [email protected].
Use of Third-Party Applications We use third-party platforms to deliver Services and process payments, including but not limited to GoHighLevel, Stripe, Wix, and Calendly. Your data may be stored or processed by these third parties. Refer to our Privacy Policy for more details.
Confidentiality Unless you have entered into a separate written agreement with us, we do not owe you any duty of confidentiality with respect to communications or materials you submit through this Site. Please do not share confidential or proprietary information through our Site. For clarity, nothing in this clause limits or affects our obligations with respect to your personal information as set out in our Privacy Policy.
USER CONTENT AND COMMUNICATIONS
By submitting any content to us, including but not limited to comments, testimonials, feedback, images, photos, or other materials whether through a form, submission portal, or direct communication, you grant us a non-exclusive, royalty-free, worldwide license to use, reproduce, and publish that content for the purposes of promoting and marketing our Services. This license does not apply to content passively collected through your general use of our Site, such as through cookies or tracking technologies.
You represent that you own or have the right to submit any content you provide to us and that it does not infringe the rights of any third party. We reserve the right to moderate or remove any submitted content at our discretion. You agree not to submit content that is unlawful, defamatory, harmful, spam, misleading, or that infringes on the rights of others.
Third-Party Contributors We may provide content written or contributed by third parties on our Site, including guest posts, articles, or other materials. While we make reasonable efforts to ensure contributors reflect our values and are qualified in their area, we make no guarantees as to the accuracy or completeness of third-party content. All such content represents the opinion of the contributor and should not be interpreted as our professional advice or endorsement. We are not liable for any third-party contributor's content or opinions.
Prohibited Behaviour By using our Site, you agree not to misuse or tamper with our Site, including but not limited to hacking, introducing viruses, trojans, worms, logic bombs or other technologically harmful material that would harm the functionality of, or jeopardize the security of our Site. We will immediately report any such breach or what we deem in our discretion to be harmful activities to the relevant law enforcement authorities.
ASSUMPTION OF RISK AND DISCLAIMERS
Assumption of Risk Use of this Site is at your own risk. You understand and agree that use of our Site, its contents and purchase of any of our Services, or items found or attained through this Site is at your own risk. While we host our site on a reputable platform and take commercially reasonable efforts to maintain the Site, we make no representations, warranties or guarantees as to your individual safety when using our Site. You further assume all risk associated with your access to and use of any information or materials provided to you on the Site, Services or any other pages, platforms or profiles maintained by us and any subsequent actions you choose to take, or not to take, as a result of the information, influence or educational materials made available to you.
Warranties Disclaimer We make no warranties as to our Site, the Services or any related materials. You agree that our Site and Services are provided "as is" and without warranty of any kind either express or implied. To the fullest extent permissible pursuant to applicable law, we expressly disclaim all warranties, including, but not limited to, warranties of merchantability, fitness for a particular purpose or non-infringement.
No Guarantees; Testimonial Disclaimer While we may reference certain results, outcomes or situations on this Site or relating to our Services, you understand and agree that we make no guarantee as to the accuracy of any third-party statements or the likelihood of success for you as a result of any statements or testimonials contained on our Site or in relation to our Services. The testimonials, statements or opinions presented on our Site are the results of the individuals who provided them. Results or experiences of each individual may vary. All testimonials provided on our Site were voluntarily provided without payment or in exchange for any compensation unless expressly indicated otherwise.
General Disclaimer To the fullest extent permitted by law, we expressly exclude any liability for any indirect or consequential loss or damage incurred by you or others in connection with the use of our Site or the Services, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical, mental, emotional or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, and for any other loss or damage of any kind, whether caused by negligence, breach of contract or otherwise, whether foreseeable or unforeseeable.
Not Professional Advice Nothing on our Site or through our Services constitutes professional advice of any kind, including but not limited to psychological, medical, legal, financial, or mental health advice, regardless of whether we or any contributor hold a professional designation or credential. Our coaching and leadership development content is educational and informational in nature. No professional or fiduciary relationship is created by your use of our Site or Services. You are solely responsible for any decisions or actions you take based on our content or materials, and we strongly encourage you to seek qualified professional advice specific to your situation and jurisdiction.
Use of Artificial Intelligence We may use artificial intelligence technologies ("AI") to assist in the creation, editing, formatting, organization, or delivery of content, resources, communications, and other materials on our Site or through our Services, including AI-assisted text, graphics, images, audio, video, or automated responses. Where content is created or curated by us, it is reviewed prior to publication. We assert all available intellectual property rights in our content and materials, including any human-authored, curated, selected, or arranged elements, to the fullest extent permitted by applicable law.
Technology Disclaimer We make reasonable efforts to provide you with modern, reliable technology, software, and platforms from which to access our Site and Services. In the event of a technological failure, you accept and acknowledge that we are not in any way responsible or liable for said failure and any resulting damages to you or your business. We do not warrant that the Site will be functional, uninterrupted, correct, complete, appropriate, or error-free, or that any part of the Site or Services are free of viruses or other harmful components.
Third Party Disclaimer You acknowledge and agree that we are not liable for any defamatory, offensive, or illegal conduct of any other third-party participant or user.
LIMITATION OF LIABILITY AND INDEMNITY
Limitation of Liability EXCEPT WHERE PROHIBITED BY LAW, IN NO EVENT SHALL EMBRACE THE RIDICULOUSNESS OF LIFE LLC, OR WHERE APPLICABLE, ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS, AFFILIATES, OR AGENTS (COLLECTIVELY, THE "RELEASED PARTIES") BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE SITE, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES NOR ANY SITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIM ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR OUR SERVICES, WHETHER IN CONTRACT, TORT, OR OTHERWISE, IS LIMITED TO THE GREATER OF (A) THE AMOUNT YOU PAID TO US FOR SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED DOLLARS ($100.00).
Release, Indemnity and Waiver To the maximum extent permitted by applicable law, you agree to defend, indemnify, release and hold harmless the Released Parties from and against any claims, damages, losses, costs and expenses (including reasonable legal fees) arising out of or relating to: (i) your breach of these Terms; (ii) your use or misuse of our Site or Services; or (iii) your infringement or misuse of our Intellectual Property.
Termination of Your Use If at any time we believe that you have violated these Terms, we shall immediately terminate your use of our Site, the Services and any related communications as we deem appropriate and in our sole discretion. At any time, we may block or revoke your access to our Site and Services at any time without notice, and if necessary, block your IP address from further visits to our Site.
DISPUTES AND CLAIMS
Notice and Resolution of Dispute You agree to attempt to resolve any dispute or claim by first providing us with written notice at [email protected] that includes a detailed description of the nature of the dispute, the Site pages or Services affected, and any other information reasonably necessary to understand and evaluate the claim. We shall have ninety (90) days from receipt of your notice to respond and attempt to resolve the matter before any formal proceedings are initiated.
Jury and Class Action Waiver To the extent permitted by applicable law, you waive the right to a trial by jury, to participate in a class action, or to seek remedies beyond the extent necessary to provide individualized relief. You agree not to act as a plaintiff or class member in any purported or de facto class or representative proceeding, or as a private attorney general or on behalf of the general public.
Injunctive Relief Your breach of these Terms is likely to cause immediate and/or irreparable harm to Embrace the Ridiculousness of Life LLC. As such, we may seek injunctive relief against you without the need to post bond.
GENERAL
Full Agreement You acknowledge that these Terms of Use, together with our Privacy Policy, constitute the full agreement relating to your use of the Site.
Governing Law, Jurisdiction; Legal Fees These Terms, as well as our Privacy Policy, are governed by and interpreted in accordance with the laws of the State of Maryland and the federal laws of the United States of America where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted and heard exclusively in the courts of Annapolis, Maryland. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any dispute(s) will be entitled to recover reasonable legal fees and costs, including expert costs.
Severability If any of the provisions of these Terms are found to be invalid, illegal or unenforceable, the validity, legality and enforceability of the remaining provisions will not, to the extent permitted by law, in any way be affected and will remain enforceable.
Waiver The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.
All Rights Reserved We reserve the right to update and change these Terms at any time, and it is your responsibility to review these Terms periodically. You can review the most current version of our Terms at any time by visiting this page. If you continue to use the Site after we make changes, you agree to the changes. All rights not expressly set out and granted in these Terms and Conditions of Use and our Privacy Policy are expressly reserved by us.
Contact If you have any questions about these Terms, please send an email to: [email protected]
Embrace the Ridiculousness of Life LLC | jencoken.com | jencoken.co |[email protected]