Terms and conditions

The following terms and conditions govern all use of the JoyEvanns.com and JoyEvanns.Simplero.com websites and all content, services and products available at or through the websites (taken together, the Website). The Website is owned and operated by Joyful Abundance LLC. The Website is offered subject to your acceptance without modification of all of the terms and conditions contained herein and all other operating rules, policies and procedures that may be published from time to time on this Site by Joyful Abundance LLC (collectively, the “Agreement”).

 

Please read this Agreement carefully before accessing or using the Website. By accessing or using any part of the web site, you agree to become bound by the terms and conditions of this agreement. If you do not agree to all the terms and conditions of this agreement, then you may not access the Website or use any services. If these terms and conditions are considered an offer by Joyful Abundance LLC, acceptance is expressly limited to these terms. The Website is available only to individuals who are at least 18 years old.

 

 

If you create an account on the Website, you are responsible for maintaining the security of your account, and you are fully responsible for all activities that occur under the account and any other actions taken in connection the account. You must immediately notify Joyful Abundance LLC of any unauthorized uses of your account or any other breaches of security.

 

 

 

By selecting a product or service, you agree to pay Joyful Abundance LLC the one-time/installments and/or monthly or annual fees indicated (additional payment terms may be included in other communications) and authorize us to charge the credit card you provided or other payment mechanism we have on record for you. If you join a program that includes a subscription for 1:1 services, these payments will be charged on a pre-pay basis on the day you sign up and will cover the use of that service for a monthly or annual subscription period as indicated. Payments are not refundable.

 

Unless you notify Joyful Abundance LLC before the end of any applicable subscription period that you want to cancel a subscription, your subscription will automatically renew and you authorize us to collect the then-applicable annual or monthly subscription fee for such subscription (as well as any taxes) using any credit card or other payment mechanism we have on record for you. 

 

 

Fees; Payment. By signing up for the Say NO Like a Pro Program (and any other additional services) you agree to pay Joyful Abundance the applicable fees and/or installments. Payment is due regardless of whether you choose to utilize or participate in the services available to you. Applicable fees will be invoiced starting from the day your services are established and in advance of using such services. No refunds will be awarded after 30 days from date of purchase.

 

 

A $250 Administration Fee is applied if a request to transfer happens 60 days or less before the event date you originally registered for. Forfeit of seat 15 days or less for event date.

 

 

If your service includes access to priority email support. “Email support” means the ability to ask questions by email at any time (with reasonable efforts by Joyful Abundance to respond within one business day Tue-Thurs) concerning the use of the VIP Services. “Priority” means that support takes priority over support for users of the standard or free JoyfulAbundance LLC services. All support will be provided in accordance with Joyful Abundance LLC standard services practices, procedures and policies.

 

 

Joyful Abundance LLC has not reviewed, and cannot review, all of the material, including computer software, posted to the Website, and cannot therefore be responsible for that material’s content, use or effects. By operating the Website, Joyful Abundance LLC does not represent or imply that it endorses the material there posted, or that it believes such material to be accurate, useful or non-harmful. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. The Website may contain content that is offensive, indecent, or otherwise objectionable, as well as content containing technical inaccuracies, typographical mistakes, and other errors. The Website may also contain material that violates the privacy or publicity rights, or infringes the intellectual property and other proprietary rights, of third parties, or the downloading, copying or use of which is subject to additional terms and conditions, stated or unstated. Joyful Abundance LLC disclaims any responsibility for any harm resulting from the use by visitors of the Website, or from any downloading by those visitors of content there posted.

 

 

We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which JoyEvanns.com links, and that link to JoyEvanns.com. Joyful Abundance LLC does not have any control over those non-Joyful Abundance LLC websites and webpages, and is not responsible for their contents or their use. By linking to a non-Joyful Abundance LLC website or webpage, Joyful Abundance LLC does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content. Joyful Abundance LLC disclaims any responsibility for any harm resulting from your use of non-Joyful Abundance LLC websites and webpages.

 

 

As Joyful Abundance LLC asks others to respect its intellectual property rights, it respects the intellectual property rights of others. If you believe that material located on or linked to by JoyEvanns.com violates your copyright, you are encouraged to notify Joyful Abundance LLC in accordance with Joyful Abundance LLC’s Digital Millennium Copyright Act (“DMCA”) Policy. Joyful Abundance LLC will respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. 

 

 

This Agreement does not transfer from Joyful Abundance LLC to you any Joyful Abundance LLC or third party intellectual property, and all right, title and interest in and to such property will remain (as between the parties) solely with Joyful Abundance LLC. Joyful Abundance LLC, JoyEvanns.com, the Say NO Like a Pro logo, the Joy Evanns Logo, and all other trademarks, service marks, graphics and logos used in connection with JoyEvanns.com, or the Website are trademarks or registered trademarks of Joyful Abundance LLC or Joyful Abundance LLC’s licensors. Other trademarks, service marks, graphics and logos used in connection with the Website may be the trademarks of other third parties. Your use of the Website grants you no right or license to reproduce or otherwise use any Joyful Abundance LLC or third-party trademarks.

 

 

You agree and understand that you will not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes any portion of the site or program content including its tools and services.

 

 

You agree not to disclose information you obtain from us and or from our clients, advertisers, suppliers, programs and forum/facebook group members. All information submitted to by an end-user customer pursuant to a Program is proprietary information of Joyful Abundance LLC. Such customer information is confidential and may not be disclosed. You agree not to reproduce, disseminate, sell, distribute or commercially exploit any such proprietary information in any manner. You agree that your successes and challenges may inspire and support others, and as such, Joyful Abundance LLC may use your case as an example or success story so long as there is not any personally identifiable information used. Should the Joyful Abundance LLC wish to use your name or company name in reference to such a story, an email or other digital permission from the client indicating consent is deemed acceptable authorization.

 

 

Your rights of whatever nature cannot be assigned nor transferred to anybody, and any such attempt may result in termination of this Agreement, without liability to us. However, we may assign this Agreement to any person or organization at any time without notice.

 

 

Joyful Abundance LLC may terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. If you wish to terminate this Agreement or your JoyEvanns.com / Simplero account (if you have one), you may simply discontinue using the Website. Joyful Abundance LLC has sole discretion to terminate this agreement and remove any client from continuing its Program at any time without a refund if the client ceases to follow the Program guidelines, if client becomes disruptive or difficult to work with or if client impairs the participation of Program coaches or clients in the Program. If done so, client will no longer be charged the remaining rate if any is still due. 

 

 

All one-on-one appointments must be cancelled prior to 24 hours in advance of the scheduled time slot in order to be eligible for rescheduling. Any appointment that is a no-show (Client still has not arrived 15 minutes after the start time) or cancellations within 24 hours shall be forfeited. If it is an additional session, it will be billed at the then current rate.

 

 

The Website is provided “as is”. Joyful Abundance LLC and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Joyful Abundance LLC nor its suppliers and licensors, makes any warranty that the Website will be error free or that access thereto will be continuous or uninterrupted. You understand that you download from, or otherwise obtain content or services through, the Website at your own discretion and risk.

 

 

Ultimately, you are the best expert on YOU. You know what's best for you moreso than anyone else - and it's up to you to safeguard your own wellbeing.

If something suggested by our Website or Programs doesn't feel like a fit for you, no worries, just let it go. If you have concerns about the medical, psychological, financial, or legal consequences of anything discussed, consult a qualified professional.

You are responsible for anything you choose to feel or do as a result of having browsed JoyEvanns.com, purchased one of Joyful Abundance LLC's products or services, or doing any free or paid work with Joyful Abundance LLC, it's agents, employees, or contractors.

Each individual’s success and the results you may experience depend on many factors, including your background, dedication, desire, and motivation. By purchasing our services, you acknowledge that as with any business or personal endeavor, there is an inherent risk of loss of capital and there is no guarantee you will earn any money or experience any particular results due to your participation in any program or services purchased through us. Client agrees to indemnify and hold harmless Joyful Abundance LLC, Joy Evanns, and it’s employees and contractors of and from any and all claims or liability of whatsoever kind or nature including but not limited to the any special, incidental or consequential damages, cost of procurement for substitute products or services,  for interruption of use or loss or corruption of data, any amounts that exceed the fees paid by you to Joyful Abundance LLC under this agreement during the twelve (12) month period prior to the cause of action, demands, losses, causes of action, damage, lawsuits, judgments, including attorneys' fees and costs, arising out of or relating to the work of or with Joyful Abundance LLC. Joyful Abundance LLC shall have no liability for any failure or delay due to matters beyond their reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

 

 

You represent and warrant that (i) your use of the Website will be in strict accordance with the Joyful Abundance LLC Privacy Policy, with this Agreement and with all applicable laws and regulations (including without limitation any local laws or regulations in your country, state, city, or other governmental area, regarding online conduct and acceptable content, and including all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside) and (ii) your use of the Website will not infringe or misappropriate the intellectual property rights of any third party.

 

 

You agree to indemnify and hold harmless Joyful Abundance LLC, its contractors, and its licensors, and their respective directors, officers, employees and agents from and against any and all claims and expenses, including attorneys’ fees, arising out of your use of the Website and our products and services, including but not limited to your violation of this Agreement.

 

 

This Agreement shall be governed by and construed in accordance with the substantive laws of Minnesota, without any reference to conflict-of-laws principles. The Agreement describes and encompasses the entire agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the contents and materials provided by or through the Site, and the subject matter of this Agreement.

 

 

Any dispute, controversy or difference which may arise between the parties out of, in relation to or in connection with this Agreement is hereby irrevocably submitted to the exclusive jurisdiction of the courts of Minnesota, to the exclusion of any other courts without giving effect to its conflict of laws provisions or your actual state or country of residence.

 

 

Any dispute arising under this Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Minneapolis, MN, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce this Agreement shall be entitled to costs and attorneys’ fees. If any part of this Agreement is held invalid or unenforceable, that part will be construed to reflect the parties’ original intent, and the remaining portions will remain in full force and effect. A waiver by either party of any term or condition of this Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof. You may assign your rights under this Agreement to any party that consents to, and agrees to be bound by, its terms and conditions; Joyful Abundance LLC may assign its rights under this Agreement without condition. This Agreement will be binding upon and will inure to the benefit of the parties, their successors and permitted assigns.