Terms and Conditions
This website provides free resources for educational purposes and also sells online courses, programs, services, downloadable files, and memberships intended for business owners and individual freelancers or contractors to help grow their businesses and teams.
TERMS AND CONDITIONS
The term “you” refers to the user, visitor, or viewer of any website owned and operated by Joyce Akiko Consulting, LLC (“JACL”, “Company”, “we”, “I”, or “us”), which includes but is not limited to joyceakiko.com and thetheorigamimethod.com (“JACL Website”). These Terms & Conditions apply to all JACL Website visitors, customers, and all other users of JACL Websites. By using a JACL Website, and/ or ordering a product from a JACL Website, you agree to these Terms & Conditions, without modification, and acknowledge reading them. Use of any JACL Website including all information, materials, files, data, databases, services, courses, programs and all other information and intellectual property accessible on or through a JACL Website (“Content”), is subject to the following Terms and Conditions.
Please read these Terms and Conditions (“T&C”) carefully. We reserve the right to change these T&Cs on any JACL Website at any time without notice. The most current version of the Terms will supersede all previous versions. By using a JACL Website and its Content you are agreeing to the T&C as they appear, whether or not you have read them. If you do not agree with these T&C, please do not use JACL Websites or its Content.
WEBSITE USE AND CONSENT
JACL does not knowingly collect, either online or offline, personal information from persons under the age of thirteen. By accessing or using this Website and its Content, you represent and warrant that you are at least 18 years old and that you agree to and to abide by these T&C. Any registration by, use of or access to the Website and its Content by anyone under age 18 is unauthorized, unlicensed and in violation of these T&C unless you have permission of a parent or legal guardian.
INTELLECTUAL PROPERTY RIGHTS
The words, design, layout, graphics, photos, images, information, materials, documents, files, data, databases and all other information and intellectual property accessible on or through this JACL Website, as well as the compilation thereof, and any software used is property solely owned by us and/or our affiliates, suppliers, or licensors, unless otherwise noted, and it is protected by United States copyright, trademark, and other intellectual property laws. You agree to observe and abide by all copyright, trademark, and other proprietary notices, legends or other restrictions contained in any such Content and will not make any changes thereto. You will not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on this or any other JACL Website.
Any use including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
If you view, purchase or access our JACL Website or any of its Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
Our Limited License to You.
As a Licensee, you understand and acknowledge that this JACL Website and its Content have been developed or obtained by us through the investment of significant time, effort and expense, and that this JACL Website and its Content are valuable, special and unique assets of ours which need to be protected from improper and unauthorized use. We clearly state that you may not use this JACL Website or its Content in a manner that constitutes an infringement of our rights or that has not been authorized by us.
When you purchase or access our JACL Website or any of its Content, you agree that:
- You will not copy, duplicate, resell, or steal our JACL Website or Content. You understand that doing anything with our JACL Website or its Content that is contrary to these T&C and the limited license we are providing to you herein is considered theft, and we reserve our right to prosecute theft to the full extent of the law.
- You are permitted from time to time to download and/or print one copy of individual pages of the JACL Website or its Content, for your personal, non-commercial use, provided that you give us full attribution and credit by name, keep intact all copyright, trademark and other proprietary notices and, if used electronically, you must include the link back to the JACL Website page from which the Content was obtained.
- You may not in any way at any time use, copy, adapt, imply or represent that our JACL Website or its Content is yours or created by you. By downloading, printing, or otherwise using our JACL Website Content for personal use you in no way assume any ownership rights of the Content – it is still our property.
- You must receive our written permission before using any of our JACL Website Content for your own business use or before sharing with others. This means that you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, market, create derivative works, exploit, or distribute in any manner or medium (including by email, website, link or any other electronic means) any JACL Website Content because that is considered stealing our work.
- We are granting you a limited license to enjoy our JACL Website and its Content for your own personal use, not for your own business/commercial use or in any way that earns you money, unless we give you written permission that you may do so.
All rights not expressly granted in these terms or any express written license, are reserved by us.
REQUEST FOR PERMISSION TO USE CONTENT
Any request for written permission to use our Content, or any other intellectual property or property belonging to us, should be made BEFORE you wish to use the Content by sending an e-mail to firstname.lastname@example.org.
We very clearly state that you may not use any Content in any way that is contrary to these T&C unless we have given you specific written permission to do so. If you are granted permission by us, you agree to use the specific Content that we allow and ONLY in the ways for which we have given you our written permission. If you choose to use the Content in ways that we do not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in our Website and its Content.
DIGITAL MILLENNIUM COPYRIGHT ACT
We respect others’ copyright and intellectual property rights. However, if you believe that the Content on this Website infringes upon any copyright owned by you and was posted on our Website without your authorization, you may provide us with notice requesting that we remove the information from the Website. Any request should only be submitted by the you or an agent authorized to act on your behalf to email@example.com.
Visiting any JACL Website or sending emails to JACL constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures and other communications that we provide to you electronically, via email and on the Site, satisfy any legal requirement that such communications be in writing.
If you use a JACL Website which includes the registration of an account to access Content, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer, and you agree to accept responsibility for all activities that occur under your account or password. You may not assign or otherwise transfer your account to any other person or entity. You acknowledge that JACL is not responsible for third party access to your account that results from theft or misappropriation of your account. JACL and its associates reserve the right to refuse or cancel service, terminate accounts, or remove or edit content in our sole discretion.
PERSONAL RESPONSIBILITY AND ASSUMPTION OF RISK
As a Licensee, you agree that you are using your own judgment in using our JACL Website and its Content and you agree that you are doing so at your own risk. You agree and understand that you assume all risks and no results are guaranteed in any way related to this JACL Website and/or any of its Content. This JACL Website and its Content are merely to provide you with education and tools to help you make your own decisions for yourself. You are solely responsible for your actions, decisions and results based on the use, misuse or non-use of this JACL Website or any of its Content.
Our JACL Website and its Content are for informational and educational purposes only. To the fullest extent permitted by law, we expressly exclude any liability for any direct, indirect or consequential loss or damage incurred by you or others in connection with our JACL Website and its Content, including without limitation any liability for any accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, physical, mental, emotional, or spiritual injury or harm, loss of income or revenue, loss of business, loss of profits or contracts, anticipated savings, loss of data, loss of goodwill, wasted time and for any other loss or damage of any kind, however and whether caused by negligence, breach of contract, or otherwise, even if foreseeable. You specifically acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other JACL Website participant or user, including you.
Legal and Financial Disclaimer.
This JACL Website and its Content are not to be perceived or relied upon in any way as business, financial or legal advice. The information provided through our JACL Website and its Content is not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, or financial advisor. We are not giving financial or legal advice in any way. You are hereby advised to consult with your own accountant, lawyer or financial advisor for any and all questions and concerns you have regarding your own income and taxes pertaining to your specific financial and/or legal situation. You agree that we are not responsible for your earnings, the success or failure of your business decisions, the increase or decrease of your finances or income level, or any other result of any kind that you may have as a result of information presented to you through our JACL Website or its Content. You are solely responsible for your results.
You acknowledge that we have not and do not make any representations as to the physical, mental, emotional, spiritual or health benefits, future income, expenses, sales volume or potential profitability or loss of any kind that may be derived as a result of your use of this JACL Website or its Content. We cannot and do not guarantee that you will attain a particular result, positive or negative, financial or otherwise, through the use of our JACL Website or its Content and you accept and understand that results differ for each individual. We also expressly disclaim responsibility in any way for the choices, actions, results, use, misuse or non-use of the information provided or obtained through the use of our JACL Website or its Content. You agree that your results are strictly your own and we are not liable or responsible in any way for your results, including but not limited to how long it takes you to achieve your results.
WE MAKE NO WARRANTIES AS TO OUR JACL WEBSITE OR ITS CONTENT. YOU AGREE THAT OUR JACL WEBSITE AND ITS CONTENTS ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE JACL WEBSITE OR ITS CONTENT WILL BE FUNCTIONAL, UNINTERRUPTED, CORRECT, COMPLETE, APPROPRIATE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE JACL WEBSITE, CONTENT ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF OUR JACL WEBSITE OR ITS CONTENT OR ON THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.
We try to ensure that the availability and delivery of our JACL Website and its Content is uninterrupted and error-free. However, we cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our JACL Website or its Content become unavailable or access to the them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or any other cause which may from time to time make our JACL Website or its Content inaccessible to you.
Errors and Omissions.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information on our JACL Website or its Content. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of scientific research is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. We assume no liability for errors or omissions on the JACL Website, its Content, or in other information referenced by or linked to the site. You acknowledge that such information may contain inaccuracies or errors to the fullest extent permitted by law.
Links to Other Websites.
We may provide links and pointers to other websites maintained by third parties which may take you outside of our JACL Website or its Content. These links are provided for your convenience and the inclusion of any link in our JACL Website or its Content to any other website does not imply our endorsement, sponsorship, or approval of that website or its owner. We do not endorse and we are not responsible for the views, opinions, facts, advice, statements, errors or omissions provided by external resources referenced in our JACL Website or its Content, or their accuracy or reliability. We have no control over the contents or functionality of those websites and so we accept no responsibility for any loss, damage, or otherwise that may arise from your use of them. It is your responsibility to review the terms and conditions and privacy policies of those linked websites to confirm that you understand and agree with those policies.
Limitations on Linking and Framing.
You may establish a hypertext link to our JACL Website or Content so long as the link does not state or imply any sponsorship, endorsement by, or ownership by in our JACL Website or Content and does not state or imply that we are have sponsored, endorsed or have ownership rights in your website. However, you may not frame or inline link our Content without our written permission.
INDEMNIFICATION, LIMITATION OF LIABILITY AND RELEASE OF CLAIMS
All Content and services are controlled, operated and administered by JACL from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the JACL Content accessed through this or any other JACL Website in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our JACL Website, its Content or your breach of any obligation, warranty, representation or covenant set forth in these T&C or in any other agreement with us.
Limitation of Liability.
Unless otherwise limited by law, we will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our JACL Website and its Content. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our JACL Website or its Content, or in any way or in any location. In the event that you use our JACL Website and its Content or any other information provided by us or affiliated with us, we assume no responsibility, unless otherwise provided by law.
Content included in or available through this JACL Website may include inaccuracies or typographical errors. changes are periodically added to the information herein. JACL and/or its suppliers may make improvements and/or changes in the site at any time. JACL and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on this or any other JACL Website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind.
The foregoing applies even if Joyce Akiko Consulting, LLC has been advised of the possibility of or could have foreseen the damages. In those states that do not allow the exclusion or limitation of liability for the damages, our liability is limited to the fullest possible extent permitted by law. In no event shall Joyce Akiko Consulting, LLC’s cumulative liability to you exceed the total purchase price of the Service you have purchased.
Release of Claims.
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our JACL Website and its Content, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
Class Action Waver.
Any arbitration under these Terms and Conditions will take place on an individual basis and only after 60 days of not reaching resolution of any issue; class arbitrations and class/representative/collective actions are not permitted. You agree that the only method to be used for dispute resolution is binding arbitration before a single arbiter, selected jointly. You also agree that should arbitration take place, it will be held in Pennsylvania, USA. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PUTATIVE CLASS, COLLECTIVE AND/ OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and JACL agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
You are agreeing that you will not use our JACL Website or its Conduct in any way that causes or is likely to cause the JACL Website, Content, or access to them to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this JACL Website and its Content and to us.
You agree to only purchase goods or services for yourself or for another person for whom you are legally permitted to do so or for whom you have obtained the express consent to provide their name, address, method of payment, credit card number, and billing information.
You agree to be financially responsible for all purchases made by you or someone acting on your behalf through the JACL Website or its Content. You agree to use the JACL Website and its Content for legitimate, non-commercial purposes only and not for speculative, false, fraudulent, or illegal purposes.
You must use the JACL Website and its Content for lawful purposes only. You agree that you will not use the JACL Website or its Content in any of the following ways:
- For fraudulent purposes or in connection with a criminal offense or otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
- To send, negatively impact, or infect our JACL Website or its Content with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your contributions
- To reproduce, duplicate, copy or resell any part of our JACL Website or its Content in a way that is not in compliance with these T&C or any other agreement with us.
Joyce Akiko Consulting, LLC reserves the right to deny a refund and remove access for a student who plagiarizes any material found on a website owned or operated by JACL.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our JACL Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a Merchant.
Payment processing companies and merchants may have privacy and data collection practices that are different from ours. We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our JACL Website or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing companies, and Merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our JACL Website or its Content.
There are no refunds for services, materials, or online courses provided by Joyce Akiko Consulting, LLC unless otherwise stated. All sales are final.
We reserve the right in our sole discretion to refuse or terminate your access to any JACL Website, Content or related services or any portion thereof that is owned by JACL, in full or in part, at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the JACL Website or Content affected by such cancellation or termination. The restrictions imposed on you in these T&C with respect to this JACL Website and its Content will still apply now and in the future, even after termination by you or us.
If any part of these T&C is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
This agreement is effective as of October 15, 2019. If you have any questions about these T&C, please contact us at firstname.lastname@example.org.