Image for logo

User Terms & Conditions

  1. APPLICABILITY: Welcome to www.jvolve.com (the “Website”). The Website is owned and operated by MIIIQ LLC, a Delaware limited liability company, doing business as Jvolve (“Company,” “us,” or “we”). This Terms & Conditions agreement (the “Agreement”) controls your use of and interaction with our Website. Please read this Agreement carefully before proceeding to use the Website. Each use by you of the Website will act as your unconditional acceptance of the Agreement. If you do not agree to the terms of this Agreement, you must refrain from using the Website. This Website offers products available for purchase (collectively, “Products”). This Agreement governs the use of and interaction with the Website with respect to those users of the Website who visit without transacting business in exchange for these products (“Visitors”), and those users who transact business on the Website in order to purchase and make use of the current and future products offered on the Website (“Authorized Customers”).
  2. MODIFICATIONS TO THE AGREEMENT: This Agreement may be modified by us at any time without notifying the users. Any such modifications will be effective immediately. As a result, it is your responsibility to review the Agreement on the Website in order to be apprised of these modifications. The use of the Website after modifications are made to the Agreement constitutes your unconditional acceptance of the modified Agreement. You can view the most recent version of this Agreement at any time on the Website.
  3. MODIFICATION AND TERMINATION OF THE WEBSITE: We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website or any Product provided by the Website (or any part thereof) with or without notice. You agree that we will not be liable to you or any third party for any modification, suspension, or discontinuance of the Website or any Product.
  4. CONSIDERATION: You agree that the Agreement is supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials, and information available at or through the Website.
  5. USE OF INFORMATION: We reserve the right, and you authorize us, to use and assign all information regarding your use of the Website and all information provided by you in any manner consistent with our Privacy Policy. We reserve the right at any time to disclose any information necessary to satisfy any applicable law, regulation, legal process or governmental request.
  6. AUDIENCE: This Website is not intended for any children under the age of 13. By using this Website, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website.
  7. SERVICES PROVIDED: Nothing provided to you through our Products or other content available on the Website constitutes therapy or medical advice. There is no doctor-patient relationship or therapist-patient relationship created in connection with our Products or Website content. Our Products or Website content are not a substitute for the advice of a medical professional and any information provided through our Products or Website content cannot be relied upon when making medical decisions. If you require medical advice, please consult with a medical professional. We are not responsible for any effect or reaction you may experience from using our Products or content provided by our Products.
  8. OWNERSHIP:
    1. 8.1. Declaration of Ownership. The Website and its entire contents, features, and functionality, including but not limited to all information, software, text, question prompts, displays, images, video, audio, and the design, selection, and arrangement thereof, (collectively, “Content”), are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, trade secret, and other intellectual property or proprietary rights laws.
    2. 8.2. Acknowledgement That You Do Not Own Website Content or Services. You acknowledge that no rights or title to any of the Content available on the Website is provided, transferred, or assigned to you. You further acknowledge that none of rights or title to any of the software used in connection with any Product is provided, transferred, or assigned to you. All Content contained on the Website, as described above, is subject to copyright and trademark protection and you acknowledge that you are not permitted to use any of this Content except in accessing the Website according to the Agreement.
  9. SITE USE: The Agreement permit you to use the site for your personal, non-commercial use only. We grant you a limited, revocable, nonexclusive license to use our Website solely for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works, or other use. You agree not to copy materials on the site, reverse engineer or break into the site, or use materials, products, or services in violation of any law. You agree not to use any of our or any such party’s copyrighted materials, trademarks, and other intellectual property without our and each related party’s express written consent. If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Agreement, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted to you are reserved by the Company. Any use of the Website not expressly permitted by the Agreement is a breach of the Agreement and may violate copyright, trademark, and other laws. Your use of the Website is at our discretion and we may terminate your use of the Website at any time.
  10. ACCESSING THE WEBSITE AND ACCOUNT SECURITY:
    1. 10.1. Accessing the Website: You agree to assume responsibility for making any and all arrangements necessary for you to access the Website and ensuring that you comply with this Agreement. To access the Website and some of the Products it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including, but not limited to, through the use of the features of the Website, including its Products, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
    2. 10.2. Account Security: If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you. You agree not to provide any other person with access to the Website or its features, including our Products, using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username, password, or other breach of security. You should use particular caution when accessing your account from a public or shared device so that others are not able to view or record your password or other personal information.
    3. 10.3. Disabling Security Information: We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time, at our sole discretion, for any or no reason, including if, in our opinion, you have violated any provision of the Agreement.
  11. COMMUNICATIONS WITH US AND OTHER USERS:
    1. 11.1. Guidance on Communications with Us and Other User: You may post comments and other content; submit written and verbal communications; and submit suggestions, ideas, comments, questions, or other information, so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass emailings, or any form of “spam.” You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but are not under any obligation) to remove or edit any such content, but we may not regularly review posted content.
    2. 11.2. User-Generated Content: All content described in the immediately preceding paragraph and any and all other information, content, or materials that you post or send (collectively, “User-Generated Content”) is subject to the terms of this paragraph. If you post or send any User-Generated Content to us, either intentionally or unintentionally, we will have the unrestricted right to use this User-Generated Content for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We reserve the right (but are not under any obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content.

      You represent, warrant, and agree that:

      1. (a) You own or otherwise control all rights to all User-Generated Content that you post or send to us;
      2. (b) All such User-Generated Content is accurate;
      3. (c) The use of such User-Generated Content by us or others with access to the User-Generated Content does not violate this Agreement or the rights of any third party and will not cause anyone injury; and
      4. (d) You will not hold us or our affiliates and designees liable for any and all claims arising out of, resulting from or relating to any such User-Generated Content.

      We reserve the right (but are not under any obligation) to monitor, edit or remove any User-Generated Content posted or sent to us. We assume no responsibility nor liability for any User-Generated Content posted or sent by you or anyone else.

    3. 11.3. Electronic Communications When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will initiate communications with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  12. PAYMENTS: All purchases through our Website are processed by Stripe, Inc. (“Stripe”) and are subject to the Stripe’s agreement, which includes the Stripe terms (collectively, the “Payment Services Agreement”). By agreeing to this Agreement or by proceeding to purchase our Products, you agree to be bound by the Payment Services Agreement, which may be modified by Stripe from time to time. As a condition of purchasing our Products and enabling payment processing services through Stripe, you agree to provide us with accurate and complete information about you, and you authorize us to share this information and transaction information related to your use of the payment processing services provided by Stripe.
  13. REFUND POLICY: Authorized Customers who are dissatisfied with their purchase of the Coaching Modules have the right to request a refund from us. If you are an Authorized Customer who would like to request a refund for a Coaching Module, please visit the Satisfaction Guarantee Terms & Conditions for the full refund policy and procedure.
  14. CONTENT LINKED TO THE WEBSITE: You understand that when by visiting the Website, you may be directed to other sites including links to or from affiliates and content partners as part of an affiliate relationship. You acknowledge that when you navigate away from the Website, the site to which you are directed may not be under our control, and different terms or privacy policies may apply, which you should carefully read and evaluate. You acknowledge that we are not responsible for examining or evaluating, and that we do not warrant the offerings of, any such third-party site or their content. We do not assume any responsibility or liability for the actions, products, or content of any third party or third-party site. We reserve the right (but are under no obligation) to disable links from or to third-party sites.
  15. TRADEMARKS: The Company name, the terms Jvolve, the Company logo, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates and licensors. You may not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.
  16. COMPLIANCE WITH LAWS: You may use the Website only for lawful purposes and in accordance with the Agreement. You agree not to use the Website in any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the United States or other countries).
  17. TRADE COMPLIANCE: In compliance with trade laws, we do not permit the use of our Website by any individual or party that is located, organized, or a resident in a country or region that is subject to comprehensive economic sanctions or is a designated, denied, or otherwise restricted party under United States Export Laws. Visit the Office of Foreign Asset Control’s Website to find up-to-date Sanction Programs and Country Information.
  18. COPYRIGHTS AND COPYRIGHT AGENT: If you believe your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have otherwise been violated, please provide notice to us containing the following information:
    1. (a) An electronic or physical signature of the owner of the copyright or other intellectual property interest or the person authorized to act on the owner’s behalf;
    2. (b) A description of the copyrighted work(s) that you claim has been infringed;
    3. (c) A description of where the material(s) that you claim is infringing is located on the Website, or the reference or link to such material;
    4. (d) The address, telephone number, and e-mail address of the owner or the person authorized to act on the owner’s behalf;
    5. (e) A statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
    6. (f) A statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  19. INDEMNIFICATION: You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Website, including, but not limited to, your User-Generated Content, any use of the Website’s content, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from the Website.
  20. DISCLAIMER: You agree that your use of this Website is at your sole risk. We disclaim all warranties of any kind, including, but not limited to, any express warranties, statutory warranties, and implied warranties of merchantability, fitness for a particular purpose, and non-infringement. No information, whether oral or written, obtained by you by or through the Website will create a warranty not expressly stated in this Agreement. This limitation on warranties may not apply to you to the extent that your jurisdiction does not allow limitations on warranties. Your sole and exclusive remedy relating to the visitation and use of the Website will be to discontinue your use of the Website.
  21. TERMINATION OF THE AGREEMENT: The Agreement and its terms are effective until the Agreement is terminated by either you or us. You may terminate the Agreement at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website, all related documentation, and all copies and installations thereof, whether made under this Agreement or otherwise. If you no longer wish to use our Website and our services, you can delete your account through the Account Deletion option in your profile settings on our Website.
    We may terminate this Agreement (including your access to and use of the Website) without cause and without notice to you, at our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website, all related documentation, and all copies and installations thereof, whether made under this Agreement or otherwise.
    The provisions of this Agreement, which by their nature should survive the termination of the Agreement, will survive such termination.
  22. APPLICABLE LAW AND DISPUTES:
    1. 22.1. Confidentiality: You agree that all matters relating to and arising under any dispute, negotiation, arbitration and all of its elements, including any settlement, decision, award, or other resolution, will be kept strictly confidential indefinitely. You agree that information relating to any dispute, negotiation, arbitration, and all of its elements, including any settlement, decision, award, or other resolution, will not be disclosed by either party involved, nor will you direct any third party (including any mediator or arbitrator) to disclose any of this information except to the extent necessary to challenge any such decision or award.
    2. 22.2. Good Faith Negotiations: In the event of a dispute concerning or involving the Website or this Agreement, the party bringing the dispute will send written notice to the other party of any such dispute (“Dispute Notice”). You agree that you and a representative or representatives of Company will first attempt in good faith to resolve any such dispute set forth in the Dispute Notice by internal negotiation and consultation, including not fewer than three negotiation sessions attended by you and by a representative or representatives of Company.
    3. 22.3. Escalation from Negotiation to Mediation: Notwithstanding whether the negotiation sessions described in Section 22.2 took place, if the dispute cannot be resolved within sixty business days after the Dispute Notice is delivered, either party may initiate mediation under Paragraph 22.4.
    4. 22.4. Mediation: The parties may, after sixty business days after the Dispute Notice is delivered, submit the dispute to any mutually agreed upon mediation service for mediation by providing the mediation service with a written request for mediation that is signed by both parties. This written request must set forth the subject of the dispute and the relief requested. The parties will cooperate with one another in good faith to select a mediation service and shall cooperate with one another and the mediation service to select a neutral mediator and to schedule the mediation proceedings. The parties agree to use commercially reasonable efforts in participating in the mediation proceedings. The parties agree that the mediator’s fees and expenses and the costs incidental to the mediation will be shared equally between the parties. The parties further agree that all offers, promises, conduct, and statements, whether oral or written, made in the course of the mediation by any of the parties, their agents, employees, experts, and attorneys, and by the mediator and any employees of the mediation service, are confidential, privileged, and inadmissible for any purpose, including impeachment, in any litigation, arbitration, or other proceeding involving the parties, provided that evidence that is otherwise admissible or discoverable shall not be rendered inadmissible or non-discoverable as a result of its use in the mediation.
    5. 22.5. Arbitration as a Final Resort: If the parties cannot resolve the dispute for any reason, either party may initiate final binding arbitration provided that the party requesting arbitration sends written notice to the other party before arbitration proceedings begin under Paragraph 22.6.
    6. 22.6. Arbitration and Applicable Law: You agree that any dispute concerning or involving the Website or this Agreement will be resolved by final binding arbitration in Sacramento, California, USA. The language of the arbitration will be English. The party claiming the dispute (“Claimant”) will commence the arbitration by delivering written notice of the arbitration to the responding party (“Respondent”) establishing the nature of the claim(s) and the relief requested. Within 30 days of the receipt of this written notice, the Respondent will deliver to the Claimant its answer and any counterclaim(s), establishing the nature of such counterclaim(s) and the relief requested. The arbitration will be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”). You agree that the AAA will administer the arbitration, and that the arbitrator appointed by the parties or by the AAA to facilitate this arbitration will abide by these Rules. By entering this Agreement, you waive all rights to have a dispute, controversy, or claim arising out of or relating to this Agreement heard or decided by a jury or in a court trial.
    7. 22.7. Class Actions Waiver: Any arbitration of a dispute concerning or involving the Website or this Agreement will be conducted on an individual basis. You understand and agree that you are waiving the right to participate as a class representative or class member in a class action lawsuit.
    8. 22.8. Process for Appointing Arbitrators: The Claimant shall appoint an arbitrator in the written notice of arbitration, and the Respondent will appoint an arbitrator in the answer. The two arbitrators so appointed will, within 30 days of the delivery of the answer, appoint a third arbitrator who will act as the chair of the tribunal. These arbitrators will make up the whole tribunal for the arbitration proceedings. If any arbitrators are not selected within this time period, such arbitrator will be appointed at the request of any party by the AAA. Any challenge of an arbitrator for lack of impartiality or other ground will be decided by the AAA. If a vacancy of an arbitrator arises, the vacancy will be filled by the procedure put forth in this Paragraph. However, if a vacancy arises during or after the hearing on the merits, the remaining two arbitrators may proceed with the arbitration and render a final award.
    9. 22.9. Arbitration Rules and Procedures: Any disputes between the parties regarding which Rules should apply to the arbitration will be decided by the tribunal. The procedures to be followed in the arbitration will be decided by the tribunal after consultation with the parties. The tribunal may make its decisions by a majority or by the chair if no majority is possible
    10. 22.10. Awards: Any arbitral award determination shall be final and binding upon the parties involved. Proceedings to enforce, confirm, modify, or vacate a final award will be controlled by the AAA.
  23. RELATIONSHIP OF THE PARTIES: Nothing contained in this Agreement or your use of the Website will be construed to constitute either party as a partner, joint venturer, employee or agent of the other party, nor will either party hold itself out as such. Neither party has any right or authority to incur, assume or create, in writing or otherwise, any warranty, liability or other obligation of any kind, express or implied, in the name of or on behalf of the other party, it being intended by both parties that each will remain independent contractors responsible for its own actions.
  24. MISCELLANEOUS:
    1. 24.1. Severability: If any provision of the Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
    2. 24.2. Waiver: No waiver by the Company of any term or condition set out in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
    3. 24.3. Entire Agreement: This Agreement and our Privacy Policy constitute the sole and entire agreement between you and Company regarding the Website and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.
  25. CONTACT INFORMATION: If you have any questions or comments about this Privacy Policy, please contact us at:
    MIIIQ LLC, DBA Jvolve
    548 Market Street #39153
    San Francisco, CA 94104
    United States
    info@miiiq.com