TERMS AND CONDITIONS OF USE

OVERVIEW

Welcome to the Winter Warmers Program This program is owned, controlled, and operated by Jennifer Hanway, operating as JH Wellness Services. The terms “we”, “us”, and “our” refer to Jennifer Hanway, JH Wellness Services and the Winter Warmers. The term program refers to Winter Warmers. The term “user,” “you” and “your” refers to any and all program purchasers. The term “Service” refers to general information about services and products, as well as general information about different areas of the law.

This Term of Use Agreement (the "Agreement") specifies the Terms and Conditions for access to and use of the program (the "Program") and describes the terms and conditions applicable to your access of and use of the Program. This program is maintained as a service to our customers. By using this program, you agree to comply with and be bound by the following terms and conditions of use. Please review these terms and conditions carefully. If you do not agree to these terms and conditions, you should not use this program. Jennifer Hanway/JH Wellness Services may amend the Terms of Use at any time. The last update was on 2/6/2024.

PRIVACY

Your visit to our program is also governed by our Privacy Policy. Please review our Privacy Policy at https://jenniferhanway.com/privacy

OWNERSHIP

All content included in this program is and shall continue to be the property of JH Wellness Services, its content suppliers and is protected under applicable copyright, patent, trademark, and other proprietary rights. Any copying, redistribution, use or publication by you of any such content or any part of the program is prohibited, except as expressly permitted in this Agreement. Under no circumstances will you acquire any ownership rights or other interest in any content by or through your use of this program.

USE OF THIS PROGRAM

To access or use the program you must be 18 years or older and have the requisite power and authority to enter into these terms and conditions. Children under the age of 18 are prohibited from using this program.

Materials in the program contain nutrition plans, recipes, supplement recommendations, exercise programs and lifestyle recommendations. JH Wellness Services grants you a limited, revocable, nonexclusive license to use this program solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the program reverse engineer or break into the program or use materials, products or services in violation of any law.

COMPLIANCE WITH LAWS

You agree to comply with all applicable laws regarding your use of the program. You further agreed that information provided by you is truthful and accurate to the best of your knowledge.

INDEMNIFICATION

You agree to indemnify, defend and hold JH Wellness Services / Jennifer Hanway and our partners, employees, and affiliates, harmless from any liability, loss, claim and expense, including reasonable attorney's fees, related to your violation of this Agreement or use of the program.

DISCLAIMER

The information presented in the program is provided “as is” and “as available,” without representation or warranty of any kind. JH Wellness Services/ Jennifer Hanway does not represent or warrant that such information is or will be always current, complete, or accurate. JH Wellness Services / Jennifer Hanway disclaims all warranties of any kind, including but not limited to any express warranties, statutory warranties, and any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. To the extent that your jurisdiction does not allow limitations on warranties, this limitation may not apply to you. Your sole and exclusive remedy relating to your use of the program shall be to discontinue using the program.

LIMITATION OF LIABILITY

You agree that under no circumstances shall JH Wellness Services/Jennifer Hanway be liable for direct, indirect, incidental, consequential, special, punitive, exemplary, or any other damages arising out of your use of the program. Additionally, JH Wellness Services/Jennifer Hanway is not liable for damages in connection with (i) any failure of performance, error, omission, denial of service, attack, interruption, deletion, defect, delay in operation or transmission, computer virus or line or system failure; (ii) loss of revenue, anticipated profits, business, savings, goodwill or data; and (iii) third party theft of, destruction of, unauthorized access to, alteration of, or use of your information or property, regardless of our negligence, gross negligence, failure of an essential purpose and whether such liability arises in negligence, contract, tort, or any other theory of legal liability. The foregoing applies even if JH Wellness Services/Jennifer Hanway has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law.

GUARANTEES

Materials and information provided in the program are not indicative of likely results in any particular fashion. JH Wellness Services/Jennifer Hanway makes no guarantees as to results; further, past results do not guarantee future results for that same client or party, or any third-party. JH Wellness Services/Jennifer Hanway make(s) no income/financial claims, nor guarantee of any kind regarding the potential income or results through our communications or your participation in the purchase of any of the products or services in this program. There is no guarantee you will earn any money using any of our materials, and your revenue is dependent solely on you and your actions or non-actions.

RETURNS/REFUNDS
The program as sold by JH Wellness Services/Jennifer Hanway is non-refundable after purchase.

USE OF INFORMATION

JH Wellness Services/Jennifer Hanway reserves the right, and you authorize us, to use and assign all information regarding the program uses by you and all information provided by you in any manner consistent with our Privacy Policy: https://jenniferhanway.com/privacy

GOVERNING LAW; VENUE
This Agreement shall be construed in accordance with, and governed by, the laws of Massachusetts as applied to contracts that are executed and performed entirely in Massachusetts. The exclusive venue for any arbitration or court proceeding based on or arising out of this Agreement shall be Middlesex County, Massachusetts.

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

ENTIRE AGREEMENT/WAIVER
This Agreement constitutes the entire agreement between you and JH Wellness Services/Jennifer Hanway pertaining to the program and supersedes all prior and contemporaneous agreements, representations, and understandings between us pertaining to the program. No waiver of any of the provisions of this Agreement by JH Wellness Services/Jennifer Hanway shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by us.

NOTICES
All notices, requests, demands, and other communications under this Agreement shall be in writing and properly addressed as follows:
JH Wellness Services/Jennifer Hanway
hello@jenniferhanway.com

USE OF HEADINGS
The subject headings of the paragraphs and subparagraphs of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.

Medical Disclaimer

Any and all content available in the program including, but not limited to: recipes, meal plans, ingredients, supplements, exercises, text, images, audio, video, social media posts, blog posts, or any other format (hereinafter “Content”), is made available solely for educational and informational purposes only, and does not constitute medical or other professional health care advice, diagnosis, or treatment.

Always seek the advice of a qualified health professional or provider before starting any new diet, supplement, exercise or lifestyle plan. Always seek the advice of a qualified health professional or provider with any questions you may have regarding a medical condition. Do not disregard professional medical advice or delay in seeking professional medical advice due to something you may have read within the program.

Reliance on any information posted in the program is solely at your own risk. JH Wellness Services/Jennifer Hanway hereby disclaims any and all liability to any party for any direct, indirect, implied, punitive, special, incidental or other consequential damages arising directly or indirectly from any use of the program which is provided as is, and without warranties.

If you have or suspect that you have a medical or health problem or condition, please contact a qualified health care professional immediately. If you are located in the United States and are experiencing a medical or health emergency, please call 911 or call for appropriate emergency medical help.