TERMS AND CONDITIONS
THE INFORMATION CONTAINED HEREIN SETS FORTH YOUR RIGHTS AND
OBLIGATIONS WITH RESPECT TO THE TRANSACTION(S) CONTEMPLATED FOR
HEREBY. THESE TERMS REQUIRE THE USE OF ARBITRATION (ON AN
INDIVIDUAL BASIS ONLY; I.E., CASE CONSOLIDATIONS AND CLASS-ACTIONS
ARE NOT PERMITTED) IN ORDER TO RESOLVE DISPUTES. PLEASE REVIEW
THIS DOCUMENT IN ITS ENTIRETY BEFORE ENTERING INTO ANY
TRANSACTION HEREUNDER IN ORDER TO CONFIRM YOUR ACCEPTANCE
HEREOF. YOU MAY NOT ORDER OR OBTAIN ACCESS TO THE COURSES FROM
THIS WEBSITE UNLESS AND UNTIL YOU: (A) AGREE TO THESE TERMS AND
CONDITIONS IN THEIR ENTIRETY; (B) ARE AT LEAST 18 YEARS OLD; AND (C)
ARE NOT PROHIBITED FROM ACCESSING OR USING THIS WEBSITE OR ANY OF
THIS WEBSITE’S CONTENTS, PRODUCTS OR SERVICES BY ANY APPLICABLE
LAW, RULE, OR REGULATION.
1. General Terms.
(a) These TERMS AND CONDITIONS (these "Terms" or this "Agreement") shall apply
to your purchase of one or more of the Courses (as defined below) made available through
www.jennaeadenhardt.thinkific.com (the "Site").
These Terms are subject to change at any time without prior written notice by JENNAEA
DENHARDT INTERIORS, LLC (referred to herein as either “JDI” “we”, “us”, or “our”). The
most recent version of these Terms shall be posted for your review at any time on the Site. Please
review these Terms in their entirety prior to engaging in any transaction on the Site. Your
continued use of the Site and the Courses after any posting of updated Terms (which shall be dated
as of their most recent update) shall constitute your acceptance of and agreement to any changes
therein made.
(b) JDI offers two programs, a live course (“Course 1”) and an offline course (“Course 2”,
and, collectively with Course 1, the “Course(s)”). Descriptions of Program 1 and Program 2 are
set forth on Exhibit A, attached hereto and incorporated herein by this reference. Our Courses and
related content (e.g. PDF workbooks) are solely owned by or licensed to us, unless otherwise
indicated. Your purchase is for a grant of a license in, not a transfer of title to the Courses. This
content includes, without limitation, the design, layout, look, appearance, graphics of the Courses
and Course material, or any other material or aspects of materials provided by us to you
(collectively, the “Course Material”). Reproduction is prohibited other than in accordance with the
copyright notice, which forms part of these Terms.
(c) When placing an order on our Site, you are effectively offering to purchase whatever
products and services you select. We reserve the right to accept or reject any order in our own
discretion. We will only accept or reject an order in its entirety. Should we elect to accept your
offer, you will receive a confirming email at the email address that you provide at such time.
Notwithstanding the foregoing, we reserve the right to cancel any order once accepted by us (as
evidenced by a confirming email) at any time in our sole discretion.
2. Grant of License. By purchasing one or more of the Courses, subject to the terms and
conditions of this Agreement, JDI hereby grants to you for the term of this Agreement, the nonexclusive,
non-transferable, royalty-free limited right and license to use and access the Courses for
your personal, non-commercial use.
3. Payment Terms; No Refunds.
(a) All applicable prices are set forth alongside the Courses offered on the Site. They may
differ from the prices offered elsewhere (online or offline) by us for the same Courses. Such prices
are subject to change at any time by us in our sole discretion. Additionally, to the extent that we
offer a promotion in connection with any particular Course, the terms of such offer shall be set
forth in a separate document that shall govern its applicability (and, in the event of a conflict
herewith, be considered the governing document). You will be responsible for the prices stated at
the time of your transaction, as well as any applicable sales, use, excise, and related taxes. Payment
may only be made with a valid credit, debit card, or use of a bona-fide electronic payment provider
(i.e., Stripe). By using any such card or payment provider, you are hereby representing and
warranting your full right and authority to make such purchase in the manner elected without
violating any applicable law, rule, or regulation.
(b) We do not provide refunds for the Courses once your registration is complete and you
have made payment. If there is an issue with billing, it is your responsibility to notify us of the
error and maintain awareness of transactions posting to your account.
4. Recording Release. By participating in any live recording of the Courses, you hereby
irrevocably agree and consent that JDI and its assigns, may use all or part of our videotaped or
filmed recording of you in connection with the Courses. You acknowledge and agree that JDI has
the right to use your identifying information, image, likeness and the sound of your voice as
recorded on audio or video media in connection with the Courses, and in any advertising material
promoting it, without payment or any other consideration. You acknowledge and agree that your
identifying information, image and/or voice may be used, edited, copied, exhibited, published or
distributed by JDI for marketing, sales, content, storytelling, and any or all other purposes on any
medium or on any platform, and you hereby forever waive the right to inspect or approve any such
use or product wherein your likeness and/or voice appears. Additionally, you hereby forever waive
any right to royalties or other compensation arising out of or related to the use of your image or
voice. JDI shall have all right, title and interest in any and all results and proceeds from said use
or appearance. The rights granted to JDI are perpetual, worldwide, and include the use of the
Courses in any medium or on any platform. JDI is not obligated to make any use of the Courses
or exercise any of the rights granted to JDI by this release. This Section 4 shall survive the
termination or expiration of this Agreement.
5. User Content.
(a) Opinions and other statements expressed by users and third parties are theirs alone, not
opinions of JDI. Content created by third parties are the sole responsibility of the third parties and
its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing
you with the ability to view and distribute content through in connection with the Courses, JDI is
not undertaking any obligation or liability relating to the content. JDI and its affiliates, successors,
assigns, employees, agents, members, managers, and officers do not undertake or assume any duty
to monitor the Courses and the platforms available thereunder for inappropriate or unlawful
content. JDI and its affiliates, successors, assigns, employees, agents, members, managers and
officers assume no responsibility or liability which may arise from the content thereof, including,
but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and
publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation. Notwithstanding
the foregoing, JDI reserves the right to block or remove communications, postings or materials at
any time in our sole discretion. Any opinions expressed by our community moderators do not
reflect the opinions of JDI or its management, members, owners or staff. We shall have no liability
for any claims made relating to such opinions or similar statements.
(b) You acknowledge and agree that you are solely responsible for any content you make
available in connection with your participation in the Courses, including, without limitation, any
personal information, such as your home address, the home address of others, or your current
location. WE ARE NOT RESPONSIBLE FOR THE CONSEQUENCES OF YOUR SHARING
OR POSTING ANY PERSONAL OR OTHER INFORMATION, EITHER DIRECTLY TO US
OR IN CONNECTION WITH YOUR PARTICIPATION IN THE COURSES. Accordingly, you
represent and warrant that: (i) you have all rights, licenses, consents and releases necessary to grant
JDI the required rights to disseminate any user content, (ii) neither your content nor your posting,
uploading, publication, submission or transmittal of this content or JDI’s use of your uploaded user
content (or any portion thereof) will infringe, misappropriate or violate a third party’s patent,
copyright, trademark, trade secret, moral rights or other intellectual property rights or rights of
publicity or privacy, (iii) you will not publish falsehoods or misrepresentations that could damage
us or any third party; (iv) you will not submit material that is unlawful, obscene, defamatory,
libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or
encourages conduct that would be considered a criminal offense, give rise to civil liability, violate
any law, or is otherwise inappropriate; (v) you will not post content intended to provide
professional advice, including the provision of medical advice; (vi) you will not post
advertisements or solicitations of business; and (vii) you will not make statements, opinions, or
comments that perpetuate or promote anger, controversy, violence, discrimination, racism, hate
speech or any speech that could be construed as harmful in any capacity.
6. Confidentiality; Non-Disclosure. In participating in the Courses, you agree that (i)
personal information provided by other participants is confidential and intended solely for use by
you within the Courses, and (ii) you will not share any part of such information with any third
party, without written consent from the disclosing party. This section shall survive the termination
or expiration of this Agreement.
7. Term; Termination.
(a) This Agreement shall commence as of your purchase and our confirmation of one or
more of the Courses and continue in full force and effect unless earlier terminated in accordance
with the terms hereof. We reserve the right at any time and from time to time to modify or
discontinue, temporarily or permanently, the Courses (or any part thereof) with or without notice.
You agree that we shall not be liable to you or any third party for any such termination,
modification, suspension or discontinuance of the Courses. We may deny you access to all or part
of the Courses at any time for any reason (including if you violate these Terms, as determined in
our sole and absolute discretion) or for no reason.
(b) If you terminate your account, you will remain liable under these Terms for any
purchase made prior to termination. We may terminate this Agreement for any or no reason by
terminating your right to access the Courses.
(c) Upon the termination of this Agreement for any reason: (i) all obligations of the parties
hereunder shall cease, except for any other obligations that expressly or by implication from their
nature, are intended to survive the termination or expiration of this Agreement.
8. Intellectual Property.
(a) The Courses and Course Materials are and shall remain the exclusive property of JDI
or its licensors, which shall retain all intellectual property rights therein. You obtain no right, title,
or interest therein, except that you may use the Course and Course Materials you receive for the
sole, exclusive and limited purpose of personal, non-commercial use in compliance with these
Terms. This Section shall survive the termination or expiration of this Agreement.
(b) You acknowledge that JDI owns all right, title and interest in the trademarks, trade
names, web site domain names, social media names and images, service marks, and logos, whether
or not registered, in connection with the Courses (the “JDI Marks”). You may not use, copy, or
distribute any JDI Marks without JDI’s prior written approval in its sole discretion. You shall
immediately cease any use of the JDI Marks which is not approved by JDI. Any approval granted
by JDI for use of the JDI Marks is non-exclusive, temporary, may be withdrawn by JDI in its sole
discretion on prior written notice, and shall, unless otherwise specifically agreed by JDI in writing,
be construed to apply only to use of the JDI Marks in conjunction with your use of the Courses.
You agree not to claim any right, title or interest in the JDI Marks or of any use of the JDI Marks
by you or to challenge JDI’s rights in the JDI Marks and the goodwill associated therewith. All
use by you of the JDI Marks and the goodwill generated thereby shall inure to the benefit of JDI.
Upon expiration or termination of this Agreement, you shall (i) immediately cease any and all use
of the JDI Marks, and (ii) not use any variation, permutation, or imitation of the JDI Marks or any
confusingly similar name, mark, designation or description. This section shall survive the
termination or expiration of this Agreement.
9. Representations and Warranties; Disclaimers.
(a) You represent and warrant to us as follows: (i) that you have the right to enter any
transaction contemplated for hereby without violating these Terms, any applicable law, rule, or
regulation, and/or any agreement with, or rights of, any third party; (ii) that you will use the
Courses provided hereunder exactly as authorized and never in any way that would violate any
applicable law or third party right of any kind; and (iii) that you are buying Courses from the Site
for solely your own use, and not for resale or export.
(b) THE COURSES ARE PROVIDED “AS AVAILABLE” AND “AS-IS,” TO THE
FULLEST EXTENT PERMITTED BY LAW, WITH NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND. JDI DISCLAIMS TO THE FULLEST EXTENT PERMITTED
BY LAW ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING ALL
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE,
TITLE AND NON-INFRINGEMENT. THIS PROVISION IS NOT INTENDED TO DISCLAIM
LIABILITY THAT WE MAY NOT DISCLAIM UNDER APPLICABLE LAW. JDI DOES NOT
REPRESENT OR WARRANT THAT THE COURSES OR EMAILS SENT TO YOU WILL BE
UNINTERRUPTED, ERROR-FREE, SECURE, FREE OF VIRUSES OR OTHER HARMFUL
CODE, OR THAT ALL INFORMATION WILL BE ACCURATE OR COMPLETE. YOU
AGREE THAT YOUR USE OF THE COURSES SHALL BE AT YOUR SOLE RISK AND
THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
HARDWARE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF
MATERIAL OR DATA. JDI MAKES NO REPRESENTATION, WARRANTY, GUARANTEE
OR PROMISE THAT THE COURSES WILL MEET YOUR REQUIREMENTS OR ACHIEVE
ANY PARTICULAR RESULTS. THE COURSES MAY CONTAIN VARIOUS
COMBINATIONS OF TEXT, IMAGES, AUDIOVISUAL PRODUCTIONS, OPINIONS,
STATEMENTS, FACTS, ARTICLES OR OTHER INFORMATION CREATED BY US OR BY
THIRD-PARTIES. DUE TO THE NUMBER OF SOURCES FROM WHICH CONTENT
PROVIDED AS PART OF THE COURSES IS OBTAINED, AND THE INHERENT HAZARDS
OF ELECTRONIC DISTRIBUTION, THERE MAY BE DELAYS, OMISSIONS OR
INACCURACIES IN SUCH CONTENT. ACCORDINGLY, SUCH CONTENT IS FOR YOUR
REFERENCE ONLY AND SHOULD NOT BE RELIED UPON BY YOU FOR ANY PURPOSE.
JDI DOES NOT WARRANT, ENDORSE, GUARANTEE OR ASSUME RESPONSIBILITY
FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A THIRD PARTY
THROUGH THE COURSES AND JDI WILL NOT BE A PARTY TO OR IN ANY WAY BE
RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRDPARTY
PROVIDERS OF PRODUCTS OR SERVICES. JDI WILL NOT BE LIABLE FOR THE
OFFENSIVE OR ILLEGAL CONDUCT OF ANY THIRD PARTY. YOU VOLUNTARILY
ASSUME THE RISK OF HARM OR DAMAGE FROM THE FOREGOING. THE FOREGOING
LIMITATIONS WILL APPLY EVEN IF A REMEDY FAILS OF ITS ESSENTIAL PURPOSE
AND TO THE FULLEST EXTENT PERMITTED BY LAW. SOME STATES OR OTHER
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO
THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE OTHER
RIGHTS WHICH MAY VARY FROM STATE TO STATE OR IN OTHER JURISDICTIONS.
THE PROVISIONS ABOVE ARE INTENDED TO BE AS BROAD AND INCLUSIVE AS
PERMITTED BY THE LAWS OF THE STATE APPLICABLE TO YOU.
10. Limitation of Liability. IN NO EVENT, TO THE FULLEST EXTENT PERMITTED
BY APPLICABLE LAW, WILL JDI, ITS AFFILIATES OR THEIR RESPECTIVE MEMBERS,
MANAGERS, EMPLOYEES OR REPRESENTATIVES (COLLECTIVELY “JDI” FOR
PURPOSES OF THIS SECTION 10) BE LIABLE FOR ANY INDIRECT, INCIDENTAL,
SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES RESULTING FROM THE
PERFORMANCE, USE OF OR THE INABILITY TO USE THE COURSES, EVEN IF JDI HAS
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION
IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, VIOLATION
OF STATUTE OR OTHERWISE. JDI WILL NOT BE LIABLE FOR THE COST OF COURSES,
LOSS OF REVENUE OR LOSS OF GOOD WILL. IN ANY EVENT, OUR AGGREGATE
LIABILITY WILL NOT EXCEED THE AMOUNT PAID FOR THE COURSE(S) TO WHICH
THE CLAIM RELATES OR, IF THE CLAIM DOES NOT RELATE TO A COURSE, ONE
HUNDRED U.S. DOLLARS ($100.00). THIS SECTION 10 IS NOT INTENDED TO EXCLUDE
LIABILITY THAT WE MAY NOT EXCLUDE UNDER APPLICABLE LAW. BECAUSE
SOME STATES OR JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON THE
DURATION OF IMPLIED WARRANTIES, OR LIMITATIONS ON OR EXCLUSIONS OF
CONSEQUENTIAL OR INCIDENTAL DAMAGES, SOME OF THE ABOVE LIMITATIONS
MAY NOT APPLY TO YOU DEPENDING ON YOUR STATE OR NATION OF RESIDENCE.
11. Indemnification. You agree to indemnify and hold harmless JDI, its members, managers,
affiliates, agents, contractors, employees and their respective members, managers, directors,
officers, employees and agents (the “Indemnified Parties”) from and against any and all claims,
damages, losses, liabilities and expenses (including reasonable attorneys’ fees) incurred in
connection with any third-party claim brought or asserted against any of the Indemnified Parties:
(a) alleging facts or circumstances that would, if true, constitute a violation of any provision of
these Terms by you; (b) alleging bodily injury, death, property damage or other damages arising
from your or a third party’s use or misuse of any purchase of service or transaction in connection
with the Courses (c) arising from or related to any other party’s access and use of the Courses with
your unique username, password or other appropriate security code (if such codes are required to
access Courses in the future); (d) arising from or related to our use of your User Content or
Feedback in the context of the Services; or (e) arising from, related to, or connected with your use
or misuse of the Services. We may, in our sole and absolute discretion, control the disposition of
any such claim at your sole cost and expense. You may not settle any such claim without our
express written consent.
12. Third-Party Beneficiaries. These Terms are for your sole benefit and nothing herein,
express or implied, is intended to or shall confer upon any other person or entity any legal or
equitable right, benefit, or remedy of any nature whatsoever under or by reason of these Terms.
13. Force Majeure. Notwithstanding anything to the contrary contained in this Agreement,
JDI will not incur any liability to you, or to any other person or entity, with respect to any failure
of JDI to perform any of its obligations under this Agreement in the event that the failure is due to
or arises out of: (i) any act of God; (ii) any act of a public enemy; (iii) any act of any local, county,
state, federal or other government in its sovereign or contractual capacity; (iv) any act of war or
terrorism; (v) any riot; (vi) any fire, flood or adverse weather condition; (vii) any epidemic or
quarantine; (viii) any act of sabotage; (ix) any strike, lock-out or other labor disturbance; or (x)
any other cause beyond the reasonable control of JDI, and such non-performance will be excused
for the period of time that such failure(s) causes non-performance.
14. Assignment. JDI may assign or otherwise transfer any or all of its rights or obligations
hereunder, in whole or in part, to any third party in its sole discretion. You may not assign any of
your rights or delegate any of your duties hereunder at any time without our prior written consent
in each instance, and any attempt to do so shall be null and void.
15. Dispute Resolution.
(a) Any and all disputes, controversies or claims (each a “Dispute”) arising out of, relating
to or in connection with this Agreement, including, without limitation, any dispute regarding its
arbitrability, validity or termination, or the performance or breach thereof, shall be exclusively and
finally settled by arbitration administered by the American Arbitration Association (“AAA”). Any
Party may initiate arbitration by notice to the other Party (a “Request for Arbitration”). The
arbitration shall be conducted in accordance with the AAA rules governing commercial arbitration
in effect at the time of the arbitration, except as they may be modified by the provisions of this
Agreement. The place of the arbitration shall be Los Angeles, California. The arbitration shall be
conducted by a single arbitrator appointed by the Parties within fifteen (15) days after delivery of
the Request for Arbitration. In the event the Parties fail to appoint a person to serve as arbitrator
within fifteen (15) days after delivery of the Request for Arbitration, the AAA shall appoint an
appropriate arbitrator within five (5) days after the expiration of such fifteen (15) day period. Any
individual will be qualified to serve as an arbitrator if they shall be an individual who has no
material business relationship, directly or indirectly, with any of the parties to the action. The
arbitration shall commence within thirty (30) days after the appointment of the arbitrator; the
arbitration shall be completed within sixty (60) days of commencement, and the arbitrator's award
shall be made within thirty (30) days following such completion. The Parties may agree to extend
the time limits specified in the foregoing sentence.
(b) The arbitrator will apply the substantive law (and the law of remedies, if applicable)
of the State of Minnesota without reference to its internal conflicts of laws principles, and will be
without power to apply any different substantive law. The arbitrator will render an award and a
written opinion in support thereof. The arbitrator also has the authority to grant provisional
remedies, including, without limitation, injunctive relief, and to award specific performance. The
Parties waive, to the fullest extent permitted by law, any rights to appeal, or to review of, any
arbitrator's award by any court. The arbitrator’s award shall be final and binding, and judgment on
the award may be entered in any court of competent jurisdiction. Notwithstanding the foregoing,
any Party to this Agreement may seek injunctive relief or other equitable remedies from a court of
competent jurisdiction without first pursuing resolution of the dispute as provided above. Each
Party to this Agreement irrevocably submits to the non-exclusive jurisdiction and venue in the
federal and state courts of the State of Minnesota in connection with any such equitable proceeding,
and waives any objection based on forum non conveniens. EACH PARTY TO THIS
AGREEMENT IRREVOCABLY WAIVES SUCH PARTY’S RIGHT TO A TRIAL BY JURY
IN CONNECTION WITH ANY ACTION TO ENFORCE AN ARBITRATOR'S DECISION OR
AWARD PURSUANT TO THIS SECTION 15.
(c) The Parties agree to maintain confidentiality as to all aspects of the arbitration, except
as may be required by applicable law, regulations or court order, or to maintain or satisfy any
suitability requirements for any license by any state, federal or other regulatory authority or body,
including professional societies and organizations; provided, that nothing herein shall prevent a
Party from disclosing information regarding the arbitration for purposes of enforcing the award.
The Parties further agree to obtain the arbitrator's agreement to preserve the confidentiality of the
arbitration.
16. No Waivers. Our failure to enforce any of our rights hereunder will not constitute a waiver
of our right to make such enforcement in the future, subject to applicable law.
17. Notices. We may provide notices hereunder to you by: (i) email; (ii) regular mail; or (iii)
posting them on the Site. You shall be responsible for ensuring that you have provided us with
your current email and mailing addresses. You can contact us at any time by any of the following
means: (i) email, at: [email protected]; or (ii) personal delivery, overnight courier,
or registered or certified mail to: 48 Groveland Terrace, #414, Minneapolis, MN 55403 USA.
18. Miscellaneous.
(a) This Agreement, and the exhibits attached hereto, constitute the entire agreement
between you and JDI concerning its subject matter and supersedes all prior agreements and
understandings, whether written or oral, relating to its subject matter.
(a) The captions of the sections of this Agreement are for convenience of reference only
and in no way define, limit or affect the scope or substance of any section of this Agreement.
(b) In case any provision of this Agreement shall be invalid, illegal or otherwise
unenforceable, the validity, legality and enforceability of the remaining provisions shall in no way
be affected or impaired thereby.
(c) Whenever the singular number is used in this Agreement and when required by the
context, the same shall include the plural and vice versa, and the masculine gender shall include
the feminine and neuter genders and vice versa.
EXHIBIT A
Course 1
DESIGN SCHOOL - You Are Already Your Own Designer LIVE is a live course, which includes:
(a) A live course consisting of four to six calls (via Zoom) and Q&A recordings set to take place over
the course of six to eight weeks.
(c) Course Materials, including pdf workbooks to be used in conjunction with the
live course.
Price: $ 997
Course 2
DESIGN SCHOOL - You Are Already Your Own Designer is an evergreen course, which includes:
(a) Full recordings of the live course.
(b) Course Materials, including pdf workbooks to be used in conjunction with the
evergreen course.
Price: $ 297