terms of purchase

Terms of Purchase

By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, entering your credit card information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with digital products, programs, courses, memberships, services, or other offerings (“Product”) by Jessica Hawks LLC (“Company”). By purchasing any Product, you are entering into a legally binding agreement with the Company, subject to the following terms and conditions:

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I. TERMS

Upon execution of this Agreement, electronically, verbally, or otherwise, the Company agrees to provide services, products, and/or digital content as described on the Company website or checkout page for the purchased Product. The scope of services shall be limited solely to what is expressly included with the Product.

The Company reserves the right to substitute services equal to or comparable to the purchased Product if reasonably required by prevailing circumstances.

Access to Products may be time-limited, as specified at the time of purchase (for example, 360 days of access for a course). Once the stated access period has ended, Client will no longer have access.

II. CLIENT RESPONSIBILITIES
 • Effort: Client understands that the Company’s content may involve various aspects of life and business, including but not limited to: health, finances, business, relationships, and education. Incorporating principles, strategies, or materials is solely the Client’s responsibility.
 • Materials: Company provides Client with a single-user license for personal use only. Client shall not share, copy, distribute, disseminate, resell, or otherwise misuse the materials provided.

III. PAYMENT
 By purchasing a Product, Client agrees to pay the full purchase price for the Product, regardless of the payment option selected at checkout.
 If Client selects a payment plan option, Client authorizes the Company to charge the payment method used at checkout to complete all payments pursuant to the payment plan.
 Payment plans are binding and must be completed in full. Client may not cancel, skip, or opt out of remaining payments for any reason.
 Company reserves the right to collect any and all monies owed by Client to Company, by any lawful means necessary. Client shall also be responsible for any fees associated with recouping payment, including but not limited to collections fees and attorneys’ fees.
Company will not tolerate or accept any chargebacks from Client.

IV. REFUNDS

Due to the digital and educational nature of Company's products, all sales are final. Absolutely no refunds will be granted under any circumstance.

Dissatisfaction with the Company’s Product is not a valid reason for a refund or for failure to make remaining payments owed.

V. DEFAULT

Company shall have the right to suspend or revoke Client’s access to Products or services if payments are not made in accordance with this Agreement.

VI. REPRESENTATIONS AND WARRANTIES

The information contained in Products is provided on an “as is” basis. Company makes no representations or warranties, express or implied, with respect to the content, including accuracy, timeliness, or completeness. Company will not be liable or held responsible for any losses, injuries, or damages from the display, use, or reliance on the information provided.

VII. TESTIMONIAL DISCLAIMER

Any testimonials, earnings, or examples shown through the Company’s website, Products, or services are illustrative only and not guarantees of results. Client acknowledges that Company does not make any representations as to future income, expenses, profitability, or results of any kind.

VIII. NO PROFESSIONAL RELATIONSHIP

The content within the Company’s Products is provided for general educational purposes only. It should not be construed as medical, legal, financial, or professional advice. Client is responsible for conducting independent research and consulting with appropriate professionals as needed.

IX. TREATMENT

Client understands that coaching or educational content does not involve diagnosis or treatment of medical or mental health conditions and should not be used as a substitute for professional care.

X. NO GUARANTEES

Company makes no guarantees regarding the results Client may obtain through working with Company. Client agrees that any statements made regarding the potential outcomes of working with the Company are merely opinions and are not binding on the Company. The results Client experiences will be dependent on many factors including but not limited to: Client’s level of personal responsibility, commitment, and abilities, in addition to factors that the Client/and or Company may not be able to anticipate.  

XI. LIMITATION OF LIABILITY

By purchasing a Product, Client accepts all risks, foreseeable or unforeseeable, arising from such purchase. Company shall not be held liable for any damages of any kind, including but not limited to: direct, indirect, incidental, special, consequential, or exemplary damages arising from use or misuse of its Products. 

XII. INTELLECTUAL PROPERTY RIGHTS

All Products contain intellectual property belonging to the Company or licensed to the Company. Client is granted a non-exclusive, non-transferable, single-user license for personal use only. Client may not share, sell, reproduce, repurpose, or otherwise distribute the Company’s intellectual property without prior written consent. Company maintains all rights to its intellectual property and nothing in this Agreement shall transfer ownership of rights to You. You agree to not infringe on the intellectual property rights of Company or third party licensees.

XIII. NON-DISCLOSURE

Parties promise and agree to:
- Secure and protect the other Party’s Confidential Information,
- Hold Confidential Information in strict confidence,
- Use Confidential Information only for purposes of carrying out each Party’s obligations under this Agreement,
- Refrain from using, disclosing, selling, licensing, publishing, reproducing, or otherwise making available the Confidential Information of the other party except to the extent necessary to perform the Services under this Agreement,
- Only disclose Confidential Information to those of the Party’s officers, employees, and agents as are necessary to carry out the purpose of this Agreement; and
- Not disclose Confidential Information to unnecessary third parties.

Confidential Information includes, but is not limited to: courses, plans, documents, strategies, customer lists, financial information, and other proprietary materials. Information is not confidential if publicly available, previously known, or independently developed.

XIV. INDEPENDENT CONTRACTOR STATUS

Nothing in this Agreement shall be construed to create an employer-employee, agency, partnership, or joint venture relationship between the Parties.

XV. NOTICE

Any notices required under this Agreement shall be delivered by email to hello@itsjessicahawks.com and shall be effective upon delivery.

XVI. FORCE MAJEURE

In the event Company is unable to perform its obligations under the terms of this Agreement because of, including but not limited to: acts of God, strikes, government restrictions, communicable diseases, epidemics, pandemics, national disasters, or other causes reasonably beyond control, Company shall notify You of the Force Majeure Event and its impact on performance under this Agreement. Company shall use reasonable efforts to resolve any issues resulting from the Force Majeure Event to perform obligations under this Agreement. Company shall not be liable for damages to the other party for any damages resulting from such failure to perform or otherwise from such causes

XVII. NON-DISPARAGEMENT

By purchasing a Product, Client agrees not to make statements, oral or written, that may negatively impact the Company’s business, services, or reputation.

XVIII. ASSIGNMENT

Neither Party may assign its obligations under this Agreement without prior written consent of the other Party.

XIX. SEVERABILITY

If any term, provision, covenant, or condition of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, the rest of the Agreement shall remain in full force and effect and shall in no way be affected or invalidated.

XX. DISPUTE RESOLUTION

If any dispute arises out of or related to a claimed breach of this Agreement or any other disagreement of any nature, type or description, regardless of the facts or the legal theories which may be involved, such dispute shall be resolved by binding arbitration by a single arbitrator in the State of North Carolina. If Company is deemed the successful party to the dispute, Company will be entitled to costs and fees incurred in resolving or settling the dispute, in addition to any other relief to which Company may be entitled. The parties agree to waive their right to a jury trial. Parties further agree that prior to arbitration, both Parties will make a good faith effort to resolve the dispute without the necessity of outside intervention. You agree that in order to be considered “a good faith effort,” You must give Company written notice of any dispute about costs, fees or expenses within three (3) days of the date You are charged.  

XXI. VENUE AND APPLICABLE LAW

This Agreement shall be governed, construed, and interpreted in accordance with the laws of the State of North Carolina. Both Parties agree to submit to the jurisdiction of and venue in the State of North Carolina. Should any claim, controversy, or dispute arise between the Parties under the terms of this Agreement, such a claim or controversy shall be resolved only in the State of North Carolina.

XXII. ENTIRE AGREEMENT

This Agreement constitutes the entire understanding between the Parties relating to the purchase of any Product. Oral modifications or representations shall not be binding.

XXIII. ALL RIGHTS RESERVED

All rights not expressly granted are reserved by the Company.