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Terms & Conditions

For Jessica Pecush Nutrition and www.jessicapecush.com

 

Please read these Terms & Conditions carefully and in their entirety before using jessicapecush.com (hereinafter referred to as the “Site”). The Site and its content are owned by Jessica Pecush Nutrition.

 

​PURPOSE: These Terms & Conditions are here to clearly explain, outline, and lay out the rules, terms, and conditions of browsing and/or using the Site and/or purchasing or downloading any course, program, service, or product offered on or by us or the Site.

 

IMPORTANT NOTES: By using the Site in any capacity, you voluntarily agree to these Terms & Conditions. You agree that you have read, understood, and consented to these Terms & Conditions. If you have any questions, please contact us at support@jessicapecush.com.

 

You must be at least 18 years old and be able to consent to these Terms & Conditions. If you are under the age of 18, or you do not agree with these Terms & Conditions as stated herein, please STOP now and do not use this Site or its content. By using the Site, you agree to the Terms & Conditions as stated herein, regardless of whether or not you have read these Terms & Conditions.

 

These Terms & Conditions contain an Arbitration Clause and require you to dispute or resolve any claim with us through Arbitration. By agreeing to these Terms & Conditions, you agree to the Arbitration Clause in Paragraph No. 20.

 

By proceeding on the Site, you hereby agree to the following:

 

1. Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Jessica Pecush Nutrition and our website, jessicapecush.com.

“Content” means any and all written, visual, video, or audio information contained on the Site, including, but not limited to, any and all emails received from Jessica Pecush, Jessica Pecush Nutrition, and/or jessicapecush.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Jessica Pecush Nutrition and/or on jessicapecush.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates and materials.

“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Site, Courses, Services and/or Products.

“Personal Information” means information that can be used on its own or in conjunction with other information to identify, contact, or locate a person, or to identify an individual in context. For example, personal information includes, among other things, your name, address, email address, telephone number, country of residence, etc.

“Site, Courses, Services, and/or Products” means jessicapecush.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, guides, eBooks, forms, worksheets, workbooks, webinars, website materials, and/or templates available on the Site.

“Site” means jessicapecush.com and any and all of its associated pages, tabs, landing pages, forms, or sub-pages.

“You” or “Your” means the user, customer, or viewer of the Site.

 

2. Consent:

By using the Site and/or making any Purchase, you implicitly and voluntarily agree to act in accordance with, and abide by, these Terms & Conditions, our Privacy Policy and Disclaimer.

By using the Site and/or making any Purchase, you represent and warrant that you are at least 18 years-old. Any use of, or access to, the Site and its Content by anyone under the age of 18 is unauthorized and in direct violation of these Terms & Conditions and our Privacy Policy.

 

3. Site Rules:

By using the Site and/or making any Purchase, you hereby agree & consent not to:

  • Abuse or harass any person through or on the Site.

  • Post or transmit obscene, offensive, libellous, defamatory, pornographic, or abusive content, as well as content that infringes our intellectual property rights or those of another person, website, or company.

  • Use the Site in any way or for any purpose which violates any law of Canada and the jurisdiction in which you use the Site.

  • Post or transmit any “spam” or unwanted, unsolicited content.

  • Post copyrighted materials, photographs, or content which do not belong to you.

  • Promote or sell your own content, services, or products through the Site, or the content, services, or products of anyone else other than us.

  • Copy, download, share, post, or transmit our intellectual property in any way that infringes on our intellectual property rights.

 

4. Disclaimer:

The Site, Courses, Services, and/or Products are intended for informational and educational purposes only and are not intended as professional medical advice by us. By accessing and using the Site, Courses, Services, and/or Products, such use shall constitute your agreement that the Site, Courses, Services, and/or Products is not professional medical advice and shall not be relied upon by you as such. By using the Site, Courses, Services, and/or Products, you understand that we are a certified Culinary Nutrition Expert & Certified Holistic Nutritional Consultant™ professional, not a therapist or licensed medical professional. You may view my scope of practice as a Certified Holistic Nutritional Consultant™ professional, HERE.

​You should always consult with your physician or other qualified medical professional first, prior to implementing any of our advice, information, or suggestions. You should always consult with your physician or other qualified medical professional (not us), so as to discuss and clear any and all changes, additions, or alterations to your diet, medication(s)/medical treatment, exercise regimen, supplement regimen, health practices or lifestyle, prior to implementing them. Please only implement any and all changes after consulting with your physician or other qualified medical professional and assessing your own risk. 

Further, the Company has not promised, nor shall be obligated to: (1) act as a therapist by providing psychological counselling, psychoanalysis or behavioural therapy, (2) assist anyone with a serious medical condition to resolve, manage, or improve that medical condition, and/or (3) assist anyone not under the care of a physician or medical professional while implementing healthy changes in his/her life.

 

5. Your Consent to These Terms & Conditions:

By using this Site, or Purchasing or Downloading from our Site, Courses, Services, and/or Products, you implicitly and voluntarily agree to these Terms & Conditions as stated herein.

 

6. Changes To These Terms & Conditions:

We reserve the right to change, amend, or otherwise alter these Terms & Conditions at any time without notice to you. When changes are made to these Terms & Conditions, we will update the “Updated on” date at the bottom of this page. If you do not agree with these Terms & Conditions, please do NOT use our Site, read or implement its Content, or Purchase or Download anything from us.

 

7. Links to Third-Party or External Websites:

The Site may contain or include website URL links to third-party or external websites. Typically, these URL links are provided so that you may directly access a site that contains relevant information. Please note we are not liable for any of the information contained on or within the third-party or external websites. We are not responsible for the way they handle your personal information, whether they have a Privacy Policy, or any information you provide to them by visiting their website. You are responsible for reading and agreeing to, or expressing disagreement with, the external website’s Privacy Policy or Terms & Conditions.

 

8. Intellectual Property Ownership:

The Site and its Content, including, but not limited to, guides, infographics, instructional videos, workbooks, worksheets and recipes, are intellectual property solely owned by the Company. The Site and its Content are protected by Canadian copyright and trademark laws, as well as provincial intellectual property laws. You are not authorized to resell, share, or use for profit any of the Company’s intellectual property. No license to sell or distribute the Company’s materials is granted or implied. Any disclosure to a third party is strictly prohibited. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

 

9. Our Limited License to You:

If you view, access, or Purchase the Site, Courses, Services, and/or Products, you are considered our Limited Licensee (“Licensee”). As a Licensee, you agree and understand that the Site, Courses, Services, and/or Products have been written, created, drafted, invented, and developed by us after a significant investment of time, money, education, hard work, and brainpower. The Site, Courses, Services, and/or Products are extremely valuable to us, both professionally and personally, and we take the protection of our Site, Courses, Services, and/or Products very seriously.

You may not use the Site, Courses, Services, and/or Products in any manner that is unauthorized, improper, against these Terms & Conditions or our Privacy Policy, or which violate Canadian intellectual property laws unless authorized by us in writing beforehand.

 

10. Your License to Us:

By commenting on the Site, or submitting documents to the Company via contact form, email, or social media, you represent that you are the lawful owner of said documents, statements, and/or the information they contain. You grant us a license to use your comments or submissions in any way we see fit, as it relates to our business purposes.

 

11. Purchase & Access Terms:

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree that this proprietary material is solely for your own, personal use in possessing a single-user license. You understand that you cannot distribute, copy, forward, and/or share information prohibited by these Terms & Conditions. You also agree and understand that you are to take all necessary steps to make sure that you do not inadvertently share or distribute said materials, including, but not limited to, protecting your password (if any) to the Site to access your Purchase or Download. You may not share your password or login information with anyone. If you share your password or login with anyone who did not purchase the Course, Service and/or Product, you will be removed from the Course immediately, and no refund will be issued. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

                             

12. Password Privacy:

While using the Site, Courses, Services, and/or Products, you may create a username and/or password for login. It is your responsibility to keep the username and password safe. You are also responsible for any actions which occur through the use of your username/password, whether completed by you directly or through the use of your account. You shall notify us of any unauthorized use of your login information (or any other security breach) immediately, by contacting support@jessicapecush.com. Please log out at the end of each session to prevent any unauthorized use of your account or login information. 

You may not share your username/password or login information with anyone other than yourself. We are not responsible or liable for any loss or damages as a result of your failure to protect your login information or your unauthorized sharing of same.

 

13. Sharing the Site & Its Content:

You must request and receive written permission by email (support@jessicapecush.com) before sharing our Site and its Content for commercial purposes. You may share the site for personal purposes, but we ask that you link directly to the Site. You are required to give us and the Site credit by linking to the Site and its Content if you share it on social media or your own website, including all photographs. Since the Site and its Content are not yours, you may not in any way imply or represent that the Site or its Content are yours or that you in any way created, caused, or contributed to the Site or its Content. You may not make any claims that you are in any way associated with the Company.

 

14. No Guarantees:

The Company exists to support and assist you in reaching your nutritional and lifestyle-based goals. We will help guide and support you, but your motivation, dedication, commitment, participation in, and efforts toward action-taking, with regards to our Site, Courses, Services, and/or Products, are the primary elements contributing to your success.

You understand and agree that you are 100% entirely responsible for your progress and results experienced from the Company’s Site, Courses, Services, and/or Products. We cannot predict and do not guarantee that you will attain a particular result, and you accept and understand that results differ for each individual. Each individual’s results depend on his or her unique background/health and wellness-based circumstances, desire, motivation, dedication, commitment, participation and action-taking efforts, and numerous other factors. You fully agree that there are no guarantees as to the specific outcome or results you can expect from using the information you receive on or through the Company’s Site, Courses, Services, and/or Products.

 

15. No Claims Made Regarding Results:

Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each client and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

 

16. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:

We do not offer any warranties, guarantees, or representations of any variety, regarding the Site, Courses, Services, and/or Products, and/or your Purchase or Download, in any way. The Site, Courses, Services, and/or Products, and/or your Purchases or Downloads are offered “AS IS” and without warranties, guarantees, or representations of any kind, neither expressed nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Site, Courses, Services and/or Products.

 

17. Lifetime Access (The DI-JESS-TION Method):

​Program Content

If you are registered and participating in The DI-JESS-TION Method, you will enjoy ongoing access to this instructional content, until such time that the Company chooses to discontinue the content. Advance notice, with regards to any changes in content access, will be provided to you, as soon as this is formalized by the Company.

Program Updates/Add-Ons

​If you are registered and participating in The DI-JESS-TION Method, you will always have access to the most current/up-to-date versions of the instructional content found in your Members Only site, including any new 'Bonus’ material added to the instructional content.

Private Facebook Group

If you are registered and participating in The DI-JESS-TION Method, you will retain access to the private Facebook group (The DI-JESS-TION Method) for your 16 weeks of time spent as a registered member. Following this duration of time, you will be transferred into the Company’s free community group Digestion Solutions for Women w/ Autoimmune Gut Issues (if you’re not already a member).

​Ongoing Coaching

If you are registered and participating in The DI-JESS-TION Method, you will receive the opportunity to participate in up to 16 LIVE, group coaching calls that take place on a weekly basis as a member of the private Facebook group (The DI-JESS-TION Method) - alongside your 1:1 private check-in appointments during this time frame.

​Should you be unable to attend the weekly group coaching calls in a LIVE capacity, a recorded replay will always be available within the above-noted private Facebook group. You are not able to extend your group coaching call access beyond that of your 16-week allotment, due to lack of attendance in a LIVE capacity.

You are most welcome to inquire about continued coaching with the Company, as you near completion of the The DI-JESS-TION Method program.

 

18. Your Release of Us:

By using the Site or Purchasing, Downloading, or using Jessica Pecush Nutrition’s Courses, Services, and Products, you agree to release, forgive, and forever discharge Jessica Pecush Nutrition, its subsidiaries, employees, agents, contractors, subcontractors, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, whether known or unknown, both legal and equitable in any manner.

 

19. Errors & Omissions:

Every effort is made to provide up-to-date, accurate information both on the Site and through our services. However, due to the complexity of the issues we cover, Jessica Pecush Nutrition does not and cannot warrant, represent, or guarantee that such information is free from errors, accurate, or up-to-date at all times. You should do your due diligence, research, or consult with a professional to ensure that all information you receive, act upon, or rely on from this Site and/or from our services is accurate and up-to-date.

 

20. Arbitration Clause:

If you possess a complaint, or should any issue arise in the use of the Site or Jessica Pecush Nutrition’s Courses, Services, and/or Products, please contact us directly first, by contacting support@jessicapecush.com. Inquiries will be responded to within two (2) business days. Any abrasive communication will not be tolerated.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Jessica Pecush Nutrition shall submit your dispute to binding arbitration with the Canadian Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the Canadian Arbitration Association’s rules.

If we cannot agree upon an arbitrator, then each shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third, neutral arbitrator to hear the matter.

Should any arbitration hearing need to be held, it shall be held in the Province of Alberta and within the city limits of Calgary, Alberta, Canada. The arbitration shall proceed in accordance with the provisions of the Arbitration Act (Alberta). 

The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in the Provincial Court of Alberta. Judgement upon the award rendered by the arbitrator may be entered in any court having jurisdiction. Each party shall pay its own costs and expenses related to the arbitration, and shall split the cost of the arbitrator equally. The arbitrator will have no authority to award punitive or other non-compensatory damages to either party. No damages excluded by or in excess of any damage limitations set forth in this Agreement shall be awarded. The sole remedy for you shall be a refund of any amount paid to the Company.

 

21. Consent to Governing Law:

These Terms & Conditions, and any dispute arising out of it, shall be governed by the laws of the Province of Alberta.

 

22. Consent to Jurisdiction:

You hereby irrevocably consent to the exclusive jurisdiction and venue of the Provincial Court of Alberta in connection with any matter arising out of these Terms & Conditions, Privacy Policy, Disclaimer, or as a result of your use, Download, or Purchase from the Site, Courses, Services, and/or Products.

 

23. Consent to Service:

You hereby irrevocably agree that process may be served on you in any manner authorized by the Laws of the Province of Alberta for such persons, and you waive any objection which you might otherwise have to service of process under the laws of the Province of Alberta.

 

24. Payment & Purchases:

If you wish to Purchase any product or service made available through the Site, you may be asked to supply certain information relevant to your purchase, including, without limitation, your name, phone number, email address, physical address, credit card information and geographic location. Please view our Privacy Policy for more information as to how we use your personal information.

When you Purchase or Download one of our Courses, Services, and/or Products from us or the Site, you may pay by debit card or credit card. By doing so, you authorize and give permission to Jessica Pecush Nutrition to charge your debit card or credit card for the amount owed for payment of a Course, Service and/or Product. You will receive an electronic receipt following your Purchase, which you should retain for your records.

When you purchase the Program, your information (e.g. debit card/credit card and contact information) will be collected by a third-party merchant ('Stripe'), who may have privacy policies or security practices that are different than ours. Jessica Pecush and/or Jessica Pecush Nutrition is NOT responsible for the merchant’s independent policies or practices. As with any online purchase, there are circumstances beyond our control which may compromise your credit card or payment method. We are NOT liable or responsible for any of those circumstances.

If you elect the instalment or Payment Plan option at checkout, you hereby authorize and give permission to Jessica Pecush Nutrition to automatically charge your debit card or credit card as payment for the Course, Service and/or Product, for which you will receive an electronic receipt, at the time in which payment is due without any additional authorization from you. 

In the event that payment is not successfully made by the due date, you will have a three (3) day grace period to make your payment for the Course, Service, and/or Product. If such payment is not received within the three (3) day grace period, your access to and participation in the Course, Service, and/or Product (including all its associated components) will NOT continue. If you fail to make payment within the grace period or at any other time, you are still responsible for all payments for the full cost of the Program.

We do not accept any chargeback threats (real or threatened). If any chargebacks are placed on a Purchase or Download of our Courses, Services, and Products, we will report said incident to the major credit reporting agencies. Doing so could have a negative impact on your credit report and/or credit score. Should we need to do so and you would like to have this report removed from your credit report, please contact us to arrange for payment owed. Once payment owed is received, we will make the appropriate reports to the credit agencies.

You hereby release us from any and all damages related to your payment or use of our payment processing companies in which you incur and further agree NOT to assert any claims against us or them for any damages which arise from your Purchase or use of our Site and its Content.

​

25. Discounts:

​Discounts and/or promotions on any Courses, Services, and/or Products provided by the Company are at the discretion of the Company and are subject to alteration at any time.

​

26. Our Refund Policy:

We will do everything within our ability (and within reason) to ensure your satisfaction. Refunds will not be issued for Courses and/or Services already rendered and/or Products (i.e. online programs) already purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please contact support@jessicapecush.com. Inquiries will be responded to within two (2) business days. 

Please note that any abrasive communication will not be tolerated.

 

27. Customer Service Hours:​

The operating hours of Jessica Pecush Nutrition are 9:00 am - 5:00 pm (MST) Monday-Friday.

Customer service inquiries pertaining to the Site, Courses, Services, and/or Products may be directed to support@jessicapecush.com. Inquiries will be responded to within two (2) business days.

​Please note that any abrasive communication will not be tolerated.

​

28. Limitation of Liability:​

Jessica Pecush Nutrition is not responsible or liable in any way for any and all damages you receive directly or indirectly from your use, Purchase, or Download from our Site, Courses, Services, and/or Products. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) information or documents, due to any act, or failure to act, by you. Notwithstanding anything to the contrary contained herein, your sole and exclusive remedy for negligence, failure to perform, or breach by us shall be a refund of the amount paid for such service or product. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.

​

29. Defense & Indemnification:

You shall, at all times, indemnify, defend, and hold harmless Jessica Pecush Nutrition, Jessica Pecush, and all of our shareholders, officers, members, affiliates, contractors, subcontractors, directors, assignees, employees, and licensees from and against all losses, damages, injuries, delays, deaths, lost profits, and expenses arising out of any proceeding (a) brought by either a third-party or by Jessica Pecush Nutrition and Jessica Pecush (b) arising out of your breach of your obligations, representations, warranties, or covenants under these Terms & Conditions or the Privacy Policy; and (c) arising out of any alleged breach or negligence said to have been committed by us.

 

30. Termination of Your Use:

At our sole discretion, we are permitted to terminate your use or access to the Site, Courses, Services, and/or Products, and Purchases/Downloads if you abuse, violate, or breach any of these Terms & Conditions, Privacy Policy, Disclaimer, or any other terms to which you have agreed to.

 

31. Entire Agreement:

These Terms & Conditions, our Privacy Policy and Disclaimer, constitute the entire agreement between you and us with respect to the Site, Courses, Services, and/or Products, and they supersede all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between you and us with respect to the Site, Courses, Services, and/or Products.

 

32. Severability:

The provisions of these Terms & Conditions are severable, and the invalidity or un-enforceability of any provision shall not affect the validity and enforceability of any other provision herein. If any paragraph, section, subsection, sentence, or clause of these Terms & Conditions are rendered illegal, invalid, or unenforceable, such illegality, invalidity, or un-enforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

 

33. Your Privacy & Security on the Site:

Please read our Privacy Policy for how we handle your personal information.

 

34. Contact:

If you have any questions or concerns regarding these Terms & Conditions, you may contact us using the following information:​

 

Updated on: September 1, 2022

 

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