www.jennaoverbaughlpc.com and Jenna Overbaugh LLC Terms & Conditions
Please also view our Group Agreement, Privacy Policy, Disclaimer, and Shop / Merchandise Policies and Terms

1. Please read these Terms & Conditions carefully and in their entirety before using www.jennaoverbaughlpc.com (hereinafter referred to as the “Site”). The Site and its content are owned by Jenna Overbaugh, LLC.

PURPOSE: These Terms & Conditions are here to clearly explain, outline, and layout the rules, terms, and conditions of using, viewing, and/or browsing 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 help@jennaoverbaughlpc.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. 18 and voluntarily waive your right to a jury trial.

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

Definitions:

“Company”, “We”, “I”, “Our”, or “Us” means Jenna Overbaugh, LLC and our website, www.jennaoverbaughlpc.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 Jenna Overbaugh, Jenna Overbaugh, LLC, and/or www.jennaoverbaughlpc.com, and any and all written or downloadable material purchased, viewed, or otherwise offered by Jenna Overbaugh, LLC and/or on www.jennaoverbaughlpc.com, including, but not limited to, blog posts, graphics, newsletters, designs, documents, information, templates, community circles, live events, and materials.

“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, etc.

“Site, Courses, Services, and/or Products” means www.jennaoverbaughlpc.com, Content (as defined herein), email list/newsletters, social media posts, blog posts, courses, coaching services, consultations, guides, eBooks, forms, worksheets, workbooks, webinars, groups, communities, website materials, digital downloads, podcast episodes, memberships, and/or templates available on the Site.

“Site” means www.jennaoverbaughlpc.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. 

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.

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, libelous, 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 the United States 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.

    -Hold Jenna Overbaugh, LLC responsible for or liable for any actions or inaction, as you are responsible for implementing your own decisions.

    - Submit false information or misleading information.

    - Collect or track personal information of others.

    - Upload or transmit viruses or any other type of malicious code or take any other action that will or may be used in any way that will affect the functionality of operation of our Site, Content, Online Services or of any related website, other websites, or the internet.

    - Probe, scan, or test the vulnerability of our Site or any network connected to our Site, nor breach the security or authentication measures on our Site or any network connected to our site.

    - Exploit our Site or Online Services or information made available or offered by or through our Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided on our site.

    - Interfere with or circumvent the security features of our Site, Content, Online Services, or any related website, other websites, or The Internet.

4. DISCLAIMER:

By using the Site, you understand that we are acting as an educator and content creator. We are not acting as your specific therapist, or your licensed mental health professional, and therefore you need to discuss and clear any and all changes to your lifestyle, or medical/mental health treatment with your physician before implementing changes or habits suggested by us. You must discuss any and all changes to your diet, exercise regimen, supplements, medications, or lifestyle with your physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to your lifestyle. Our Content is for informational and educational purposes only, and is based on our personal experience. Our Content is not a replacement for therapy, does not constitute as therapy, and does not replace or imply a therapeutic relationship. YOU AGREE TO NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU RECEIVED, CONSUMED, OR LEARNED ABOUT DURING THE PROGRAM. 

5. 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.

6. 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.

7. Intellectual Property Ownership:

The Site and its Content are intellectual property solely owned by Jenna Overbaugh, LLC. The Site and its Content are protected by United States copyright and trademark laws, as well as state intellectual property laws. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.

8. 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 U.S. intellectual property laws unless authorized by us in writing beforehand.

9. Your License to Us:

By commenting on the Site, or submitting documents to Jenna Overbaugh, LLC 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.

10. Purchase & Access Terms:

During the course of your use, Purchase, and/or Download from the Site, Courses, Services, and/or Products, you agree and 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. Any violations of these Terms & Conditions will be legally pursued to the fullest extent permitted by law.

11. Sharing the Site & Its Content:

You must request and receive written permission by emailing help@jennaoverbaughlpc.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 Jenna Overbaugh, LLC.

12. 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 their circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.

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

We do not offer any warranties, 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 of any kind, neither express nor implied, to the extent permitted by law. 

14. Your Release of Us:

By using the Site or Purchasing, Downloading, or using Jenna Overbaugh LLCs Courses, Services, and Products, you agree to release, forgive, and forever discharge Jenna Overbaugh, LLC, 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 related to the use of this Site, Purchasing or Downloading from our Site, Courses, Services, and/or Products.  

15. 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, Jenna Overbaugh, LLC 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.

16. Our Refund Policy:

We want you to be confident in your purchase and have a highly satisfying experience. For The OCD and Anxiety Recovery Blueprint, The Foundation, The Transformation, and The Endgame only, we are able to provide a 30 day satisfaction guarantee, subject to certain conditions. Those conditions are as follows: we must see that you gave the course or courses an honest effort on all modules and that it, unfortunately, despite your best efforts, did not work for you. If, after 30 days of having completed the course and all of the coursework, you still do not feel that the course was beneficial, Jenna Overbaugh LLC will provide you with 2 separate, 60 minutes each, 1:1 consultation sessions free of charge.  To qualify for these free sessions, your request must include evidence that you have diligently completed all available modules, lessons, worksheets, and action steps, and that you've put the methods taught in the course into practice.

If you have not found the courses above to be beneficial, please email help@jennaoverbaughlpc.com within 30 days of the date you purchased the course. Your request for these free sessions must include the above mentioned proof and support that all available modules, lessons, action steps, worksheets, and assignments have been completed and that the information was implemented to the best of your ability. 

If you request these sessions and do not include the coursework alongside your request, we will not be able to grant you these complimentary sessions. 

Complimentary sessions will not be provided for requests made more than 30 days after the initial purchase date.  Refunds will not be given for any products under any circumstances.  After purchase, all payments become non-refundable and you are responsible for the entire purchase price and payment, regardless if you finish the course, modules, lessons, worksheets, and implementation steps. We reserve the right to evaluate and approve or decline complimentary session requests at our sole discretion. 

We do not offer 30 day satisfaction guarantees outside of The OCD and Anxiety Recovery Blueprint, The Foundation, The Transformation, and The Endgame.  We do not offer refunds for any digital products, services, or live events.

17. ARBITRATION CLAUSE:

If you have any complaint or should any issue arise in the use of the Site or Jenna Overbaugh LLC’s Courses, Services, and/or Products, please contact us directly first by emailing Jenna Overbaugh at help@jennaoverbaughlpc.com.

However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Jenna Overbaugh, LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.

By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 30 miles of Oconomowoc, Wisconsin.

If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Wisconsin.

The only award that can be issued to you is a refund of any payment made to Jenna Overbaugh, LLC for the applicable Product or Service. You are not permitted to seek additional damages, including consequential or punitive damages. You agree to release any right you would have to seek additional damages including consequential or punitive damages.

18. Consent to Governing Law:

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

19. Consent to Jurisdiction:

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

20. Consent to Service:

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

21. Payment & Purchases:

When you Purchase or Download one of our Courses, Services, and Products from us or the Site, you may pay by Credit/Debit card, PayPal, or Stripe. By doing so, you give Jenna Overbaugh, LLC permission to automatically charge your credit card for payment. You will receive an electronic receipt following your Purchase, which you should retain for your records.  

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.

Payment processing companies may have different privacy policies and practices than we do. We are not responsible for the policies of the payment processing companies. 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.

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.

You agree to provide current, complete, and accurate purchase and account information for all purchases made via our Site. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed. 

22. Payment Plans: 

Should you choose to purchase the Program via one of our payment plan options at checkout (hereinafter the “Payment Plan”), you are hereby consenting to your credit card being automatically charged one time each month for the time frame selected upon checkout in order to complete your total payment. 

If you choose the Payment Plan to purchase the Program, you hereby authorize and give permission to Jenna Overbaugh, LLC to automatically charge your credit card, debit card, or PayPal account, as payment for the Program, for which you will receive an electronic receipt, at the time and interval in which payment is due without any additional authorization from you. 

We will not contact you to seek any additional authorization, approval, or permission before charging your card for each installment of the Payment Plan.

By choosing the Payment Plan, you agree and understand that ALL monthly payments are owed in full. There are no exceptions. No refund requests or stop payments will be granted or accepted.

Failed Payment Plan Payments / Re-charge procedures:

By signing up for the payment plan, your card will automatically be re-charged 30-days apart for your remaining payments. Please plan accordingly.

If your payment-plan payment fails on the 1st attempt:
In the event that your Payment Plan payment is not successfully made on your due date, your credit card will automatically be re-charged after a 3-5 day period to make your payment for the Program.  The cadence with which your card is retried is determined by our course host, Kajabi, and their payment processors.  Course and community access will be revoked until payment is fulfilled at which point your access will be resumed.

After 2nd failed payment:
Your access to the Program will remain temporarily suspended and you will not be able to access the Program at all until you successfully complete your payment. We will attempt to re-charge your credit card in 3-5 days, a cadence again determined by Kajabi and their processors.

After 3rd failed payment:
Your access will still be suspended, pending your successful completion of your owed late payment. In 3-5 days, Kajabi will attempt to charge your card.

4th and final attempt to make payment:
The 4th attempt is the final attempt to collect your payment before the matter is forwarded to collections. If the 4th payment fails, you will be permanently removed from the Program and no refund will be given. 

When choosing the payment plan options, you consent to being responsible for ALL payments owed under the Program terms.

23. Limitation of Liability:

Jenna Overbaugh, LLC 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.

24. Defense & Indemnification

You shall, at all times, indemnify, defend, and hold harmless Jenna Overbaugh, LLC, Jenna Overbaugh, 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 Jenna Overbaugh, LLC and Jenna Overbaugh (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.

25. 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, and Disclaimer, or any other terms to which you have agreed to.

26. Entire Agreement

These Terms & Conditions, 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.

27. Severability

The provisions of these Terms & Conditions are severable, and the invalidity or unenforceability 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 unenforceability shall have no effect on these Terms & Conditions as a whole or on any other paragraph, section, subsection, sentence, or clause herein.

28. Your Privacy & Security on the Site:

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

29. Contact

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

    Website: www.jennaoverbaughlpc.com

    Email: Jenna at help@jennaoverbaughlpc.com

    Business Address: Jenna Overbaugh, LLC

    PO Box 518 Oconomowoc, WI 53066

Updated on 10/10/2023

This Group Program Agreement (hereinafter referred to as the “Agreement”) dated 10/10/2023 (hereinafter referred to as the “Effective Date”), made by and between Jenna Overbaugh, LLC (hereinafter known as the “Company”) and YOU (hereinafter referred to as the “Client”). Together, the Company and the Client are collectively referred to herein as the “Parties”. 

WHEREAS, the Company provides educational information; and

WHEREAS, the Client wishes to retain the Company and accepts the terms of the Agreement as set forth herein for the Company to provide such Services.

NOW THEREFORE, in consideration of the mutual covenants stated herein, the Parties agree as follows:

DESCRIPTION OF SERVICES

The Company agrees to provide educational information and community support for the The Foundation, The Transformation, The Endgame, and The OCD and Anxiety Recovery Blueprint (hereinafter referred to as the “Programs”). The Programs includes:

The Client can ask questions or receive email support by contacting Jenna at help@jennaoverbaughlpc.com.

DISCLAIMER

The Client understands that the Company is a licensed therapist but is not acting as YOUR licensed therapist.

The Company is not your therapist or licensed medical professional and therefore the Client needs to discuss and clear any and all changes to the Client’s lifestyle, regimen, or treatment with their physician before implementing changes or habits suggested by the Company. The Client confirms that s/he has or will discuss any and all changes to their regimen, supplements, medications, or lifestyle with their physician or qualified medical professional before implementing any suggested or offered changes, additions, or alterations to their lifestyle. The Client understands that the Company is not their nutritionist, physician, medical professional, and/or a psychotherapist or psychologist. 

Further, the Company has not promised, nor shall they be obligated to: (1) act as a therapist by providing psychological counseling, psychoanalysis or behavioral 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 their life. 

Jenna is not your therapist. She does not provide you with individualized recommendations or advice. The information provided is intended as educational information only. Jenna cannot tell you what you should do, what you shouldn’t do, or give recommendations based on your unique situations or circumstances. Nothing on this page or within the community or its associated websites or pages should be construed as therapeutic recommendation or personalized advice. If you are in need of such services, please consult with a physician or other medical provider right away to determine the best course of action for you. We are not responsible for your use of this page, the associated community, its website, or the contents within. CLIENT AGREES TO NEVER DISREGARD PROFESSIONAL MEDICAL ADVICE OR DELAY SEEKING MEDICAL TREATMENT BECAUSE OF SOMETHING YOU READ OR ACCESSED THROUGH THIS WEBSITE OR RECEIVED THROUGH DURING OR THROUGHOUT THIS PROGRAM. For more information, please read the Terms and Conditions, Privacy Policy, and Disclaimer. Your continued use of this platform, this page, the associated community, the associated group program, and the contents within constitutes as your agreement with this agreement.

Note that this group is not intended nor suitable for those who have wanted homicidal or suicidal thoughts, ideation, plans, or intent. This group does not provide crisis intervention through this group. If you are experiencing a crisis and need appropriate intervention, call 988, 911, or your local emergency room. Jenna Overbaugh and Jenna Overbaugh, LLC are not responsible for your use of this group. By participating in this group, you acknowledge that you have read and agree to the above terms and conditions.

By participating in this group with your name and avatar, you are relinquishing your privacy and confidentiality. Circle currently does not have an option for people to post anonymously. HOWEVER, IN THE MEANWHILE, if you would like to post anonymously, your options are as follows: 1) Change your name and avatar. You do not have to use your actual name and photo. If you'd like to remain completely anonymous, we encourage you to use a completely different name altogether. Or, 2) You can use our Jenna Overbaugh Masterclass Facebook community for support in the meanwhile. Facebook does allow you the option of posting anonymously. Head to https://www.facebook.com/groups/jennaoverbaughpage to request access.

EXPECTATIONS

The Company requests the Client to:

Maintain confidentiality and privacy of others within the group

Not share this group with others who have not paid for one of the Courses

CONFIDENTIALITY    

The Agreement is considered a mutual non-disclosure agreement. Both Parties agree not to disclose, reveal or make use of any information learned by either party throughout the Term of the Program (“Confidential Information”). Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, and shall not include information rightfully obtained from a third party. Both Parties shall keep all Confidential Information strictly confidential by using a reasonable degree of care, but not less than the degree of care used by it in safeguarding its own Confidential Information. The obligation of the Parties hereunder to hold the information confidential does not apply to information that is subsequently acquired by either Party from a third party who has a bona fide right to make such information available without restriction. Both Parties agree that any and all Confidential Information learned as of the Effective Date shall survive the termination, revocation, or expiration of the Agreement.


Notwithstanding anything in the foregoing, in the event that the Client is required by law to disclose any of the Confidential Information, the Client will (i) provide the Company with prompt notice of such requirement prior to the disclosure, and (ii) give the Company all available information and assistance to enable the Company to take the measures appropriate to protect the Confidential Information from disclosure.

NON-DISCLOSURE OF COMPANY MATERIALS  

Material given to the Client in the course of the Program is proprietary, copyrighted and developed specifically for and by the Company. The Client agrees that such proprietary material is solely for the Client’s own personal use. Any disclosure to a third party is strictly prohibited.

The Company’s Program is copyrighted and the original materials that have been provided to the Client are for the Client's individual use only and are granted as a single-user license. The Client is not authorized to re-sell, share, or use for profit any of the Company’s intellectual property. All intellectual property, including the Company’s copyrighted program and/or course materials, shall remain the sole property of the Company. No license to sell or distribute the Company’s materials is granted nor implied.

Further, by signing below, the Client agrees that if the Client violates, or displays any likelihood of violating, any of the Client’s agreements contained in this paragraph, the Company will be entitled to injunctive relief to prohibit any such violations and to protect against the harm of such violations.

INDEMNIFICATION

Client agrees to indemnify and hold harmless the Company, its affiliates, officers, directors, agents, employees, representatives, successors, independent contractors, and assigns from all direct and third party claims, demands, losses, causes of action, damages, lawsuits, expenses, fees, including attorneys’ fees, costs, and judgments that may be asserted against the Company, by any third parties that result from the errors, negligence, acts, and/or omissions of the Client and/or the Company. 

ARBITRATION

Any controversy or claim between the Parties shall be settled by arbitration before a single, mutually agreed upon arbitrator under the then current rules of the American Arbitration Association (“AAA”). If the Parties cannot agree upon an arbitrator, then each party shall appoint one arbitrator and then both arbitrators, in turn, shall appoint a third neutral arbitrator to hear the matter. The decision and award of the arbitrator shall be final and binding and the award so rendered may be entered in a state court of Wisconsin. The arbitration hearing shall be held in the state of Wisconsin. 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 the Client shall be a refund of any amount paid to the Company.

APPLICABLE LAW + VENUE

This Agreement shall be governed by the laws of the state of Wisconsin. Any action brought by any party arising out of or from these Terms shall be brought within the state of Wisconsin, County of Waukesha.

ENTIRE AGREEMENT; AMENDMENT; HEADINGS  

The Agreement constitutes the entire agreement between the Parties with respect to their relationship, and supersedes all prior oral or written agreements, understandings and representations to the extent that they relate in any way to the subject matter hereof. Neither course of performance, nor course of dealing, nor usage of trade, shall be used to qualify, explain, supplement or otherwise modify any of the provisions of this Agreement. No amendment of, or any consent with respect to, any provision of this Agreement shall bind either party unless set forth by writing, specifying such waiver, consent, or amendment, signed by both parties. 

The headings of Sections in the Agreement are provided for convenience only and shall not affect its construction or interpretation.

COUNTERPARTS

The Agreement may be executed in one or more counterparts (including by means of mail or electronic mail/e-mail via PDF), each of which shall be deemed an original, but all of which together will constitute one and the same instrument.

SEVERABILITY

The provisions of the Agreement shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of the Agreement shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Agreement as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged. 

WAIVER

The waiver or failure of the Company to exercise waiver in any respect, for any right provided herein, shall not be deemed a waiver of any further right pursuant to the Agreement.

NO ASSIGNMENT

The Agreement may not be assigned by either of the Parties without the express, written consent in advance of the other Party.

FORCE MAJEURE

In the event that any cause beyond the reasonable control of either of the Parties, including, but not limited to: acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Party to perform its obligations under the Agreement, the affected Party’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

NO GUARANTEES, WARRANTIES OR REPRESENTATIONS

The Client understands and agrees that the Client is 100% entirely responsible for their progress and results experienced from the Program. The Company will help guide and support the Client, but the Client’s participation in, and dedication to, the Program is one of many vital elements to the Program’s success. 

The Company has not and does not make any warranties, guarantees, or representations, verbally or in writing, regarding the Client’s performance, results, income, revenue, or success. The Client understands that due to the nature of the Program, the results experienced by each Client may vary. The Company does not make any guarantees other than that the Services offered in the Program shall be provided to the Client in accordance with the terms of the Agreement. 

BY JOINING AND PARTICIPATING THIS GROUP, YOU HEREBY CERTIFY THAT YOU, THE CLIENT, HAVE READ AND AGREED TO THE AGREEMENT AS STATED ABOVE. 

CONTACT

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

    Website: www.jennaoverbaughlpc.com

    Email: Jenna at help@jennaoverbaughlpc.com

    Business Address: Jenna Overbaugh, LLC

    PO Box 518 Oconomowoc, WI 53066

Updated on 4/1/2024