Terms of Service

The following terms (“Terms of Use”) constitute an agreement between Jessica Brassington Media, LLC, a Texas limited liability company (“JBM”), and you that governs your use of this website and all of its associated services, content and functionality. This policy applies to the website administered by JBM (“Website”), located at http://whqc10test.techsurgeons.com.

 

Your use of the Website constitutes your acceptance of, and agreement to, the following Terms of Use. JBM reserves the right to modify, alter, amend or update its Website, policies and these Terms of Use. These Terms of Use are subject to change without notice. If you do not agree with or do not accept any part of these Terms of Use, you must not use the Website.

 

PRIVACY POLICY

 

What Personal Information Does the Website Collect and How Is This Personal Information Used?

The Website may receive and store information that you voluntarily submit through the Website for the purpose of subscribing to the Website to receive newsletters or for the purpose of leaving comments on blog posts.

The Website may receive and store certain types of usage-related information when you interact with the Website, including, but not limited to, your computer’s IP address and browser information. The information we collect is used to customize the content and/or layout of our page for each individual visitor.

The Website uses third-party advertising companies to serve content and advertisements when you visit the Website, which may use cookies. No personal information is shared with the Website’s ad providers.

The Website uses Google Analytics to track statistics regarding our audience and Website traffic. No personally identifiable information is transferred from the Website to Google Analytics. For more information on Google’s Analytics privacy policies, please visit this site.

The Website engages in sponsored campaigns with various influencer networks, brands, and agencies. All sponsored content is duly disclosed in accordance with the FTC’s requirements. From time to time, these sponsored campaigns utilize tracking pixels, which may contain cookies to collect data regarding usage and audience. This information is collected by the sponsoring company to track the results of the campaign. No personally identifiable information collected by the Website is used in conjunction with these tracking pixels.

The Website engages in affiliate marketing, which is described more fully below. If you click on an link for an affiliate partnership, a cookie will be placed on your browser to track any sales for purposes of commissions.

The Website uses cookies to store visitors’ preferences, record user-specific information on what pages users access or visit, ensure that visitors are not repeatedly sent the same banner ads, customize Website content based on visitors’ browser type or other information that the visitor sends. Cookies may also be used by third-party services, such as Google Analytics, as described above.

The Website uses Shopify to service its ecommerce platform, which is located at https://unprocessedjess.myshopify.com/. Personal information, such as name, address, and email address, is collected for purposes of order fulfillment. All data transferred through Shopify is subject to Shopify’s Privacy Policy. All personal information transferred back to JBM is used for order fulfillment and addressing any customer service inquiries.

From time to time, the website may engage in remarketing efforts with third-party companies, such as Google or Facebook, in order to market the Website. These companies use cookies to serve ads based on someone’s past visits to the Website. At any time, you may opt out of Google Ads by modifying your Google Ad settings.

Third-Party Use of Personal Information

The Website may provide personal information to an applicable third party in order to provide services. Currently, the Website uses the services of ConvertKit for delivery of email updates. ConvertKit’s use of your personal information is subject to ConvertKit’s privacy policy.

 

As discussed in the section above, the Website uses Shopify for its ecommerce platform. All personal information entered into Shopify will be subject to Shopify’s privacy policy.

 

At this time, your personal information is not shared with any other third-party applications. If a new service provider is engaged, these terms will be amended accordingly.

 

Will the Website Share the Personal Information It Collects?

The Website will not sell, distribute, or reveal users’ email addresses or other personal information, except when required by law, without their consent.

Modification or Deletion of Personal Information

You can decline to submit personal information at any time. If you decline, JBM may not be able to continue to provide service to you. You may request deletion of your personal information by sending an email to jess@unprocessedjess.com, but in some cases, we may be required to keep your information by law. In such a case, it would no longer be active and would be kept separately in an archive.

AFFILIATE MARKETING

The Website engages in affiliate marketing. This means that if you use an affiliate link to make a purchase, the Website will receive a commission on that purchase. All efforts are made to ensure that affiliate links are disclosed in accordance with the FTC.

 

Jessica Brassington Media LLC is a participant in the Amazon Services LLC Associates Program, an affiliate advertising program designed to provide a means for sites to earn advertising fees by advertising and link to Amazon.com.

 

FITNESS CONTENT
From time to time,  the Website may discuss topics related to health and fitness, and may include information on exercise and workouts.  Everything provided on the Website is for

informational purposes only. Consult a physician or medical professional before beginning any fitness program. Any form of exercise poses inherent risk of injury and by voluntarily engaging in any exercise or workout presented on the Website, you assume the risk of any potential injury that may result. Even if the information provided on the Website is from a certified personal trainer, it is for informational purposes only and the personal trainer has not consulted with you on an individual basis.

The information provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the health and fitness topics discussed.

The Website disclaims liability for incidental or consequential damages and assumes no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Website. The Website assumes or undertakes no liability for any loss or damage suffered as a result of the use of any information found on the Website.

MEDICAL CONTENT

From time to time,  the Website may discuss topics related to health, fitness, nutrition, or medicine. This information is not advice and should not be treated as medical advice. The medical information provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the medical, fitness, or nutrition information on the Website.

You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.

CONTENT RELATED TO USE OF ESSENTIAL OILS

From time to time, the Website may discuss topics that include references to essential oils. JBM is a distributor for Young Living and may earn commissions if you make purchases for recommended products or become a distributor under JBM.

Information regarding use of Essential Oils is not advice and should not be treated as medical advice.  The information regarding essential oils provided on the Website is provided “as is” without any representations or warranties, express or implied. The Website makes no representations or warranties in relation to the use of essential oils.

You must not rely on the information on the Website as an alternative to advice from your medical professional or healthcare provider. You should never delay seeking medical advice, disregard medical advice, or discontinue medical treatment as a result of any information provided on the Website.

USE OF THE WEBSITE

Unless otherwise stated, JBM owns the intellectual property and rights to all content and material on the Website. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

  • Republication of content from the Website, unless content is specifically and expressly made available for republication;
  • Sale, rental or sub-license of any content from the Website;
  • Reproduction or duplication of any content on the Website for commercial purposes;
  • Modification of any content on this website, unless content is specifically and expressly made available for modification;
  • Redistribution of content of the Website, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the Website is included.

From time to time, the Website will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of JBM’s intellectual property rights. Such use is a limited license to republish the content, with full credit to Unprocessed Jess.

You must not use the Website in a way that causes, or may cause, damage to the Website or impair the availability of access to the Website. You must not decompile, reverse engineer, disassemble or otherwise reduce the Website, except to the extent that such activity is expressly permitted by applicable law. You must not use the Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to the Website without JBM’s express written permission.

You must not use the Website to transmit or send any unsolicited commercial communications.

You must not use the Website for any third-party marketing without JBM’s express written permission.

COPYRIGHT

Unless otherwise noted, the design, content and all components of the Website are copyrights owned by JBM or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

TRADEMARKS

Unprocessed Jess is a trademark of JBM and is protected by United States trademark law. JBM’s trademarks and trade dress may not be used in connection with any product or service that is not JBM’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits JBM or Unprocessed Jess.

From time to time, the Website will legally utilize trademarks owned by third parties related to JBM’s services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant JBM a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Website. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant JBM the right to sub-license these rights and the right to bring an action for infringement of these rights.

CONTENT CONTRIBUTED TO THE WEBSITE

Any content you contribute to the site, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party’s legal rights, and must not be capable of giving rise to legal action whether against you or JBM or a third party.

JBM reserves the right to edit or remove: (i) any material submitted to the Website; (ii) stored on JBM’s servers; or, (iii) hosted or published on the Website. JBM takes no responsibility and assumes no liability for any content posted by you or any third party.

Notwithstanding JBM’s rights under the Terms of Use, JBM does not undertake to monitor the submission of all content to, or the publication of such content on, the Website.

COMMUNICATION

If you send JBM an email, register to use the Website or provide your email to JBM in any other way, you consent to receive communications from JBM electronically. You agree that all legal notices provided via electronic means from JBM satisfy any requirement for written notice.

THIRD PARTIES

The Website contain links to third-party websites that are not governed or controlled by JBM. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Website. JBM assumes no control or liability over the content of any third-party sites. You expressly hold harmless JBM from any and all liability related to your use of a third-party website.

Prior to engaging in any commercial transactions with any third parties discovered through or linked on the Website, you must complete any necessary investigation or due diligence. If there is a dispute for any commercial transactions with a third party discovered through or linked on the Website, you expressly hold JBM harmless from any and all liability in any dispute.

NO WARRANTIES

The Website are provided on an “as is” and “as available” basis without any representations or warranties, expressed or implied. JBM makes no representations or warranties in relation to the Website or the information and materials provided therein.

JBM makes no warranty the Website will meet your requirements; will be available uninterrupted; timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Website. JBM is not responsible to you for the loss of any content or material uploaded or transmitted through the Website. The Website is written in English and makes no warranty regarding translation or interpretation of content in any language. 

LIMITATION OF LIABILITY

JBM WILL NOT BE LIABILE FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

INDEMNITY

You agree to defend, indemnify and hold JBM, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys’ fees and expenses) which JBM suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the State of Texas. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled by arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in or near Montgomery County, Texas. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. If a provision is excessively broad, such a provision shall be limited or reduced in scope so as to be enforceable.

The Terms of Use may not be assigned by you without JBM’s prior written consent, however, the Terms of Use may be assigned by JBM in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Website offered by JBM.

The Terms of Use may not be altered or modified except by prior written agreement by the parties.

All notices with respect to the Terms of Use must be in writing and may be via email to jess@unprocessedjess.com  for JBM and to your email address.