Terms & Conditions

Jessica Hessels, Body FREEdom

These Terms and Conditions govern your use of this website. By accessing, downloading or otherwise using the website, programs, services of products of Jessica Hessels in any way or for any reason (“Use”), you implicitly agree and accept to our full Disclaimer, these Terms and Conditions and the Privacy Policy in full and without reservation, all as set forth below. If you disagree with these Terms and Conditions, Privacy Policy or any part of same, you must not use this website.

You must be at the 18 (eighteen) years of age to use this website. By using this website and by agreeing to these Terms and Conditions and Privacy Policy, you warrant and represent that you are at least 18 years of age.

Terms and Conditions

Program Use, Services and Consent

These Programs (nutrition, fitness, personal development or other) and Services (nutrition and fitness) are owned and operated by Jessica Hessels. These Programs and Services have been developed or obtained by us through the investment of significant time, effort and expense, and this information is a valuable, special and unique asset of ours, which needs to be protected from improper and unauthorized use.

Use constitutes your agreement to be bound by these Terms and Conditions, whether or not you have read them. We reserve the right to change these Terms and Conditions from time to time and your continuing use will constitute your agreement to be bound by any and all such changes. If at any time you do not agree with these Terms, please do not use the Program.

We try to ensure that Program and Service availability is uninterrupted and that our website, private Facebook group page and email communications will be 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 the introduction of new facilities or services.

Although every effort is made to ensure the accuracy of published information on or through these Programs and Services, the Programs and Services may inadvertently contain inaccuracies or typographical errors. We are not responsible for the views, opinions, or accuracy of facts referenced in the Programs, or in any of our programs, services, courses, classes, or materials. Information may be changed or updated without notice. We assume no responsibility for errors or omissions in the Programs or Services or in documents referenced by, or linked to, the Programs or Services.

These Programs and Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of, or access to the Programs, Services or website by anyone under 18 is unauthorized, unlicensed and in violation of these Terms and Conditions. By accessing or using these Programs, Services or our website, you represent and warrant that you are 18 years or older and that you agree to and to abide by all of our Terms and Conditions.

Our Limited License to You. These Programs and Services and all the materials available through it are the property of the Company and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.

The content, layout, design, data, databases and graphics in these Programs and Services are protected by Canada’s intellectual property laws. Content is solely owned by us, unless otherwise indicated.

If you purchase or access any materials through these Programs and Services, you will be considered our Licensee, with a revocable, non-transferable license for limited commercial use only, limited to you only, to be used only in accordance with the Disclaimer, the Terms and Conditions, and the Privacy Policy.

When you purchase a Program or Service, you are purchasing the limited right to use select Program or Service material in the form that is provided by the Company and its team. You are not permitted to:

  • Apply your own logo and branded look to the Program or Service materials and nor offer the materials for sale to your clients through your own business; and

  • Add your own original content, edit, and/or change the Program or Service materials to reflect your brand.

 

You MAY NOT share any Program or Service materials with other health coaches, wellness professionals, team members, personal clients and/or colleagues of any kind. In the event you share the purchased Program or Service, including any and all related materials, with a personal client, business affiliate, or similar you will be in violation of these Terms and Conditions.

You may only use the information that is expressly provided to you by the Company through the Program or Service that you purchase.

You are prohibited from copying, editing or using any information produced by the Company describing, promoting or marketing any of its Programs or Services contained on any sales page, website page, e-mail, video, or any other correspondence belonging to the Company.

You are prohibited from using, copying, modifying or otherwise misappropriating any photos, collages, banners, text, descriptions and/or any other information owned and developed by the Company and available to you through any sales page, website page, e-mail, video, or any other correspondence you may receive, or otherwise.

If you are in doubt about what you can and cannot use, please contact jessicahessels@hotmail.com.

The trademarks and logos, which are displayed on the Program and Service materials, are trademarks belonging to us. Any use of Jessica Hessels’ personal website trademarks and names of programs including framing, meta tags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our express written permission.

Information You Are Prohibited from Sharing with Others.

You are forbidden from doing the following:

(1) You may not duplicate, share, or sell any information obtained in or through our Programs and Services with clients, health coaches or holistic practitioners for their personal, commercial or business use, whether or not it was known to you at the time that their intention was to use the Program or Service in their own health coaching business.

Unless otherwise explicitly authorized in these Terms and Conditions, you may not, for commercial use or in a way that earns money, modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material purchased through the Programs or Services, private Facebook group page, audio or video recording, or teleseminar call to any other health coach or holistic practitioner.

(2) You may not use any Done For You Program or Service materials in any way, including but not limited to, publishing a book through a publishing company or self publishing, and/or online through kindle, amazon.com, nook, etc.  

Downloading, printing, or otherwise using the material from this Program or Service does not give you any copyright or ownership rights of that material contained in the Program.

All rights not expressly granted in these terms or any express written license, are reserved by us.

Obtaining Permission To Use Our Intellectual Property

Any request for permission to use our content, images, or other information obtained from or through the Programs or Services, or any other intellectual property, should be made using the “Contact Us” form on the website of Jessica Hessels, or by sending an e-mail to jessicahessels@hotmail.com.

Under no circumstance can you use the images of the Company, including but not limited to those at www.jessicahessels.com or copy the names of her personal programs.

Security

We cannot completely ensure or warrant the security of any information transmitted to us or through our services. Submitting information is done at your own risk.

We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss or, misuse, to you or to any third party

Disclaimer

You agree to our full Disclaimer provided under the “Website Disclaimer” page.

THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAMS AND SERVICES AND BY US AND ANY THIRD-PARTY WEBSITES 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 PROGRAM OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THIS SITE, INCLUDING BULLETIN BOARDS, OR THE SERVERS THAT MAKE IT AVAILABLE, 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 THE PROGRAM MATERIALS OR WITH REGARD TO THIRD-PARTY WEBSITES IN TERMS OF THEIR CORRECTNESS, ACCURACY, TIMELINESS, RELIABILITY OR OTHERWISE.

You agree at all times to defend, indemnify and hold harmless Company, its affiliates, their successors, transferees, assignees and licensees and their respective parent and subsidiary companies, agents, associates, officers, directors, shareholders, employees, and agents of each 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 your breach of any obligation, warranty, representation or covenant set forth in this Disclaimer, in the Terms and Conditions, or in the Privacy Policy.

We accept no liability for any of the views, facts, opinions, or references in the Programs or Services whatsoever.  You assume responsibility for using, or not using, any of the information in the Programs or Services, and you acknowledge that you are using it, or not using it, at your own risk.  Information posted on this Site related to these Programs, Services or otherwise, or linked to a third party website, expresses a perspective which may or may not necessarily reflect our views.

The content obtained on or through the Programs and Services are designed for non-medically trained individuals. The information provided to you is not diagnosing or treating a health problem or disease, or prescribing medication or other treatment.  We are not a doctor, medical health practitioner, psychologist, therapist, licensed nutritionist or dietitian and we make no claims in this regard. Nothing contained in the Programs or Services or on our website is intended to be a substitute for the medical diagnosis or treatment that can be provided by your physician or another qualified health care professional. You always should seek the advice of your physician or another qualified health care provider regarding any specific medical condition.

Limitation of Liability


UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS OR THIRD-PARTY MATERIALS MADE AVAILABLE THROUGH THE SITE, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER OF THESE PROGRAM MATERIALS, WHETHER PURCHASED DIRECTLY FROM US OR THROUGH YOU. IF YOU OR YOUR CLIENTS ARE DISSATISFIED WITH THE PROGRAMS, SERVICES OR THESE TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE PROGRAM AND THE WEBSITE.

INFORMATION PROVIDED THROUGH THE PROGRAMS OR SERVICES IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND.  THE COMPANY MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE.

To the fullest extent permitted by law, we expressly exclude:

  1. All conditions, warranties and other terms, which might otherwise be implied by statute or common law;

  2. Any obligation of effectiveness or accuracy; and

  3. Other than as set out below, any liability for any direct, indirect or consequential loss or damage incurred by you in connection with these Programs or Services, including by your use or inability to use any information obtained on or through the Programs or Services, any websites linked to the Program or Services, and any material posted on the Site, private Facebook group page, or in any other way through the Program or Services by us or by others, including without limitation any liability for 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 caused, even if foreseeable.

 

Your Conduct

You must not use our Site or private Facebook group page in any way that causes or is likely to cause the Site or private Facebook group page or access to it 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 us.

You must use the Program and Services, Site, and private Facebook group page for lawful purposes only.  You must not use the Program and Services, Site, and private Facebook group page for any of the following:

  • For fraudulent purposes or in connection with a criminal offence 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, abusive, threatening, defamatory, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or otherwise injurious to third parties, or which consists of or contains 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

  • To cause annoyance, inconvenience or needless anxiety

  • To impersonate any third party or otherwise mislead as to the origin of your content

  • To reproduce, duplicate, copy or resell any of our content in contravention with these Terms and Conditions or any other agreement with us.

 

Online Commerce

When you purchase these Programs and Services, the information provided and obtained as part of the transaction, such as your credit card number and contact information, may be collected by both the third-party merchant and us. We agree not to share it with anyone else. Transactions within the Company are made through Paypal. A merchant may have privacy and data collection practices that are different from ours. We have no responsibility or liability for their policies.

You agree to be financially responsible for all purchases made by you or someone acting on your behalf. You agree to purchase and use the Programs and Services for legitimate, non-commercial purposes only. You also agree not to make any purchases for speculative, false or fraudulent purposes or for the purpose of anticipating demand for a particular product or service.

You release us and our affiliates from any damages that you incur, and agree not to assert any claims against them, or us arising from your purchase or use of any and all Programs and Services.

You agree to only purchase these Programs and Services for yourself or for another person for whom you are legally permitted to do so. When making a purchase for a third party that requires you to submit the third party’s personal information to us or a merchant, you represent that you have obtained the express consent of such third party to provide such third party’s personal information.

Refund Policy

Our commitment is to offer you up to date educational information connected to health, fitness and overall well-being so that you can be better informed about how to support your own health.

Due to the nature of a downloadable product and service, we do not issue refunds at any time for any reason.

 

Termination

We reserve the right in our sole discretion to refuse or terminate your access to the webs, Programs, Services or any part of the website at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the part of the website affected by such cancellation or termination. The restrictions imposed on you with respect to material downloaded from the website, and the disclaimers and limitations of liabilities set forth in the Disclosure, the Terms and Conditions, and the Privacy Policy shall survive.

If you have any questions, please contact us at jessicahessels@hotmail.com.

 

Privacy Policy

At Jessica Hessels, we consider the privacy of our visitors to be extremely important. This privacy policy document describes in detail the types of personal information that is collected and recorded and how we use it.

 

Privacy Policy Consent

Use of the data that you provide to us, or which is collected by us on or through our Programs and Services are governed by this Privacy Policy. By using our website, Programs and Services, you consent to this policy.

 

Log Files

Like many other Web sites, Jessica Hessels makes use of log files. These files merely logs visitors to the site – usually a standard procedure for hosting companies and a part of hosting services’ analytics. The information inside the log files includes internet protocol (IP) addresses, browser type, Internet Service Provider (ISP), date/time stamp, referring/exit pages, and possibly the number of clicks.

This information is used to analyze trends, administer the site, track user’s movement around the site, and gather demographic information. IP addresses and other such information are not linked to any information that is personally identifiable.

Cookies and Web Beacons

Jessica Hessels uses cookies to store information about visitors’ preferences, to record user-specific information on which pages the site visitor accesses or visits, and to personalize or customize our web page content based upon visitors’ browser type or other information that the visitor sends via their browser.

Submission, Storage and Sharing of Personal Data

We may seek personal data including your name, email address, and other contact information when you purchase Programs and Services or otherwise. By you providing such information to us, you grant us permission to use and store such information.

We may disclose personal information if required to do so by law or in the good-faith belief that such action is necessary to conform to the edicts of the law or comply with legal process served on us, our partners, sponsors, investors, or affiliates; protect and defend our rights or property or those of our users; or to act as immediately necessary in order to protect the personal safety of our users or the public.

Whenever you voluntarily make your personal information available for viewing by third parties online, such as on our website or the private Facebook group page, the information you share also can be seen, collected and used by third parties. We are not responsible for any unauthorized third party use of such information.

If you have any questions, please contact us at jessicahessels@hotmail.com.

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Affiliate Link Disclaimer

All affiliate links contained within the Jessica Hessels website are based on personal experience and regard for the products and/or services provided.  Jessica Hessels only shares resources and services that Jessica Hessels has personal experience with and can recommend without reservation. If you have any questions on these providers and my experience with them, feel free to ask.

  • Jessica Hessels makes recommendations on this website, which includes links to helpful resources.

  • These recommendations are based, first and foremost, on their merit. Jessica Hessels makes them either because of their value, helpfulness and quality or based on our direct or indirect knowledge of the author’s reputation, track record and level of expertise. No advertiser will ever influence the content on this website.

  • All testimonials and case studies are collected from people who have had personal experience with Jessica Hessels’ products or services, and they have each submitted their kind words willingly and without direct financial payment or compensation.

 

Jessica Hessels is a Registered Holistic Nutritionist and Certified Personal Trainer. Based in Toronto, Ontario, Jessica assists clients worldwide via phone, email, in-person and Skype. Jessica helps women maximize their health and well-being by providing the tools and education that will help them achieve their health and fitness goals. Jessica graduated from Nutraphoria School of Holistic Nutrition. She is also registered by the Canadian Health Coach Alliance and certified by the Canadian Fitness Professionals Inc. (“canfitpro”). Her approach to health and wellness focuses not only on the foods you put into your mouth but also incorporates the elements of body, mind and soul. She helps her clients to truly maximize their health and well-being.

Updated May 2019.