Terms and Conditions
Introduction We aim to keep this Agreement as readable as possible, but in some cases, some of the language is required "legalese" for legal reasons.
Your Acceptance of this Agreement
This Agreement contains very important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that apply to your access and use of www.upwithjr.com (the “Website”). Please read the Agreement carefully.
BY ACCESSING AND USING THIS WEBSITE, YOU:
ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS AGREEMENT.
YOU REPRESENT AND WARRANT THAT YOU ARE THE LEGAL AGE OF MAJORITY UNDER APPLICABLE LAW TO FORM A BINDING CONTRACT WITH US; AND,
YOU AGREE THAT IF YOU ACCESS THE WEBSITE FROM A JURISDICTION WHERE IT IS NOT PERMITTED, YOU DO SO AT YOUR OWN RISK.
This policy shall apply to all services available on the Website: https://upwithjr.com and is a binding agreement upon the users of the Website. The terms are a legal agreement controlling the use of the Website by visitors and users of its services. By accessing or using the Website or our services, you approve that you have read, understood, and agree to be bound by these Terms.
When buying an item, you agree that: (i) you are responsible for reading the full item listing before making a commitment to buy it: (ii) you enter into a legally binding contract to purchase an item when you commit to buy an item, and you complete the check-out payment process.
The prices we charge for using our services / for our products are listed on the Website. We reserve the right to change our prices for products displayed at any time and to correct pricing errors that may inadvertently occur.
Retention of right to change offering. We may, without prior notice, change the services, stop providing the services or any features of the services we offer or create limits for the services. We may permanently or temporarily terminate or suspend access to the services without notice and liability for any reason or for no reason.
Your Responsibilities You are required to ensure that all persons who access the Website are aware of this Agreement and comply with it. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
Prohibited Activities You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation:
accessing content and data that is not intended for you.
attempting to breach or breaching the security and/or authentication measures which are not authorized.
restricting, disrupting, or disabling service to users, hosts, servers, or networks.
illicitly reproducing TCP/IP packet headers;
disrupting network services and otherwise disrupting our ability to monitor the Website;
using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website;
introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful;
attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; and
otherwise attempting to interfere with the proper working of the Website
Ownership of intellectual property, copyrights, and logos The Service and all materials therein or transferred thereby, including, without limitation, software, interfaces, sounds, artwork, designs, computer code, data, images, text, graphics, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music and all Intellectual Property Rights related thereto, are the exclusive property of Julie R Delgado, LLC. The design, structure, selection, arrangement, and look and feel of all these items and the Website as a whole, features, and functionality are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a license in or under any such Intellectual Property Rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit, or create derivative works thereof.
Your limited rights to access and use the Website The viewing or downloading of any content grants you a limited, non-exclusive, revocable, non-transferable license for use solely by you for your own personal use and not for republication, distribution, assignment, sublicense, sale, preparation of derivative works or other use. No part of any content, form, or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).
Our Rights We have the right, without provision of notice, to:
take appropriate legal action including, without limitation, referral to or cooperation with law enforcement or regulatory authorities, or notifying the harmed party of any illegal or unauthorized use of the Website;
terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of this Agreement; and
at all times, take such actions with respect to any of your input deemed necessary or appropriate in our sole discretion, including without limitation, for violating the Agreement.
YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE WEBSITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY.
YOU WAIVE AND HOLD HARMLESS COMPANY AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATION BY EITHER THE COMPANY OR BY LAW ENFORCEMENT AUTHORITIES.
Third-Party Links and Content For your convenience, this Website may provide links or pointers to third-party sites or third-party content. We make no representations about any other websites or third-party content that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the third-party content or any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
Right to suspend or cancel user account We may permanently or temporarily terminate or suspend your access to the Service without notice and liability for any reason, including if, in our sole determination, you violate any provision of these Terms or any applicable law or regulations. You may discontinue use and request to cancel your account and/or any services at any time. Notwithstanding anything to the contrary in the foregoing, with respect to automatically renewed subscriptions to paid services, such subscriptions will be discontinued only upon the expiration of the respective period for which you have already made payment.
Limitation of liability To the maximum extent permitted by applicable law, in no event shall Julie R Delgado LLC be liable for any indirect, punitive, incidental, special, consequential, or exemplary damages, including without limitation, business interruption, loss of use, cost of capital, loss of business opportunity damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the service, whether arising out of breach of contract, tort (including negligence), any other theory of liability, or otherwise, regardless of whether such damages were foreseeable and whether or not the Company was advised of the possibility of such damages.
To the maximum extent permitted by applicable law, Julie R Delgado, LLC assumes no liability or responsibility for any (i) errors, mistakes, or inaccuracies of content; (ii) personal injury or property damage of any nature whatsoever, resulting from your access to or use of our service; and (iii) any unauthorized access to or use of our secure servers and/or any and all personal information stored therein.
Disclaimers You understand and agree that your use of the Website, its content, and any goods, digital products, services, INFORMATION, or items found or attained through the WEBSITE IS AT YOUR OWN RISK. The Website, its content, and any goods, services, digital products, INFORMATION, OR ITEMS FOUND OR ATTAINED THROUGH THE WEBSITE are provided on an “As Is” and “As Available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not AFFECT ANY WARRANTIES THAT CAN NOT be excluded or limited under applicable law.
You acknowledge and agree that Company or its respective directors, officer, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make no warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the Website or its contents or that any goods, services, digital products, information or items found or attained through the Website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available or content are free of viruses or other harmful components or destructive code.
Indemnification To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Company, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, 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 breach of this Agreement or your use of the Website including, but not limited to, third-party sites and content, any use of the Website’s content and services other than as expressly authorized in this Agreement or any use of any goods, services, digital products and information purchased from this Website.
Right to change and modify Terms We may revise this Agreement and the Website and its content at any time without notice, and all such revisions are effective immediately upon posting and apply to all access to and continued use of the Website. We reserve the right to modify these terms from time to time at our sole discretion. Therefore, you should review these pages periodically. Your continued use of the Website or our service or by making subsequent purchases after any such change constitutes your acceptance of the new Terms. If you do not agree to any of these terms or any future version of the Terms, do not use or access (or continue to access) the Website or the service.
Promotional emails and content You agree to receive from time-to-time promotional messages and materials from us by mail, email, or any other contact form you may provide us with (including your phone number for calls or text messages). If you don't want to receive such promotional materials or notices – please notify us at any time.
Preference of law and dispute resolution These Terms, the rights and remedies provided hereunder, and any and all claims and disputes related hereto and/or to the services, shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the state of Illinois in the United States of America, and any applicable federal laws applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule and notwithstanding your domicile, residence, or physical location. Any and all such claims and disputes shall be brought in, and you hereby consent to them being decided exclusively by a court of competent jurisdiction located in the State of Illinois, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and the venue of such courts. The application of the United Nations Convention of Contracts for the International Sale of Goods is hereby expressly excluded.
Customer support details & contact info Send all communications to email@example.com.
Refund and Cancellation Policy The Client may cancel an order within 24 hours of purchasing and request a refund. The refund will be issued minus a 6% transaction fee. To cancel an order, send your request to firstname.lastname@example.org. The Client must clearly state their decision to cancel and the reason for said cancellation. Refunds are reimbursed via the same method used to purchase the services/products.
In the event it is not possible to reimburse via the same method used to purchase the services/products, reimbursement for refunds will be provided by the best available method, based on the Client’s situation and at the discretion of Julie R Delgado, LLC. A 6% transaction fee of the refund amount will apply and be subtracted from all refunds.
If the Client cancels after beginning sessions and/or receiving services with Julie R Delgado, LLC, they may only request a refund for 50% of the amount pertaining to the remaining sessions or services. The Client will not have the right to cancel or request a refund after the services and sessions have been fully performed or after the services and sessions expire (6 months after the purchase date).
We reserve the right to modify or terminate services and the Client-Company relationship at any time for reasons such as, but not limited to, dangerous or criminal behavior on the part of the Client, inappropriate or offensive behavior from the Client, or irresponsible or disrespectful behavior from the Client. Julie R Delgado, LLC will notify the Client of the reason for termination or modification and notice that it is effective immediately on the day that we contact the Client about modification or termination. In such situations, at the discretion of Julie R Delgado, LLC, a refund may or may not be issued for any remaining sessions or services that were paid for but not completed. If a refund is granted, a 6% transaction fee of the refund amount and a $75 administrative fee will apply and be subtracted from all refunds.
Coaching Services Your purchase of coaching packages or sessions indicates your commitment to participate in the process and follow through to its conclusion. However, we also understand that unexpected events can happen. In addition to the general guidelines outlined below, refunds and cancellations will be considered on an individual basis, at the discretion of Julie R Delgado, LLC.
Coaching services are defined as all sessions where the Client engages directly with Julie R Delgado, LLC, in person or remotely by phone. In the event a refund or cancellation is granted, these guidelines will apply for coaching refunds and cancellations:
The Client may cancel an order within 24 hours of purchasing and request a refund. The refund will be issued minus a 6% transaction fee. To cancel an order, send your request to email@example.com.
Once, Julie R Delgado, LLC has scheduled sessions with the Client, they are considered set appointments. However, if necessary, the Client may request to reschedule a session if they give at least 24 hours advance notice.
Client is responsible for retaining the email confirmation sent after booking a session to retain the cancellation and rescheduling links provided in the communication.
Client agrees that it is the Client's responsibility to notify the Coach of the need to cancel or reschedule a session 24+ hours before the scheduled call/meeting. Sessions should be canceled or rescheduled using the links provided in the 'session confirmation email .' This email is sent to the email address on file in the Client's profile upon session scheduling. If the Client is unable to successfully reschedule or cancel using the links in the session confirmation email, the Client will send an email to firstname.lastname@example.org 24+ hours before the scheduled call/meeting.
Client is responsible for payment of the agreed-upon fee (or a prorated amount if a multi-session series is purchased) for any canceled or rescheduled session(s) for which the Client fails to give the Coach a minimum of 24 hours notice.
Client is responsible for paying the agreed-upon fee for any missed session(s) (or a prorated fee if a multi-session series is purchased). A missed session is defined as the Client being unavailable to connect for a phone call or zoom meeting (at the phone number provided by the Client at the time of profile establishment) within 15 minutes of the session's scheduled start time.
Any missed sessions/meetings or canceled sessions/meetings with less than 24 hours advance notice will be forfeited. If the Client is unavailable to receive and/or answer an incoming phone call or connect for a zoom meeting within 15 minutes of the session's scheduled start time (for any reason), the session will be forfeited. If the Client has purchased a multi-session series, the last session of the series will be the first session forfeited. Client can request to re-instate the forfeited session for a $150.00 administrative fee.
Unused sessions expire six months (180 days) after the date payment is received. No refunds will be given for expired sessions.
If unexpected circumstances prevent the Client from completing all of their scheduled sessions, then the Client may request a 50% refund for the amount pertaining to the remaining unexpired sessions. If approved, the refund will be issued minus a 6% transaction fee and $75 administrative fee.
Writing and Editing Services Your purchase of writing and editing services indicates your commitment to work with Julie R Delgado, LLC on your project. However, we also understand that unexpected events can happen. In addition to the general guidelines outlined below, refunds will be considered on an individual basis, at the discretion of Julie R Delgado, LLC.
Writing and Editing services include but are not limited to resume, cover letter, LinkedIn Profile, client bios, and client ‘one-page’ documents. In the event a refund or cancellation is granted, these guidelines will apply for writing and editing refunds:
The Client may cancel an order within 24 hours of purchasing and request a refund. The refund will be issued minus a 6% transaction fee. To cancel an order, send your request to email@example.com
Unused services expire six months (180 days) after the date payment is received. No refunds will be given for expired services.
Writing and editing projects commence when the Client receives a list of project deliverables by email or digital file. Once the project has commenced, if unexpected circumstances arise, the Client may request to end writing and editing services if the project is not yet complete.
An in-house dollar-for-dollar credit can be substituted for unused or canceled writing and editing services before expiration. These credits can be used for 1:1 coaching sessions on the Client's topic of choice at $175/hr., with a one-hour minimum per session. The delivery of substituted services will be determined by the scheduling availability of owner/coach during Julie R Delgado LLC's regular business hours of 8 am-5 pm CST Monday - Friday. (hours subject to change). If extraordinary and unexpected circumstances arise for the Client, writing and editing refunds and cancellations may be considered on an individual basis, at the discretion of Julie R Delgado, LLC. The Client can request a 50% refund for the amount paid for the writing and editing services that have not commenced. If the refund request is approved, the refund will be issued, minus a 6% transaction fee and a $75 administrative fee.
Other matters The headings in this Agreement are for reference only and shall not affect the interpretation of this Agreement.
The Agreement constitutes the entire Agreement between you and Company with respect to your access and use of the Website, its content, and any goods, digital products, services, or information purchased from the Website and supersedes all prior, contemporaneous agreements between you and Company.
Failure of Company to enforce any provision of this Agreement shall not be deemed a waiver of such provision nor of the right to enforce such provision.
Should any part of this Agreement be held invalid or unenforceable, that portion shall be construed consistent with applicable law, and the remaining portions shall remain in full force and effect.
We may provide any notice to you under this Agreement by: (i) sending a message to the email address you provide to us and consent to us using; or (ii) by posting to the Website. Notices sent by email will be effective when we send the email, and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.
To give us notice under this Agreement, you must contact us as follows: (i) by personal delivery, overnight courier, or registered or certified mail to Julie R Delgado, LLC 1100 Adams Road, Eureka, Il 61530. We may update the address for notices to us by posting a notice on this Website. Notices provided by personal delivery will be effective immediately once personally received by an authorized representative of Company. Notices provided by overnight courier or registered or certified mail will be effective once received and where confirmation has been provided to evidence the receipt of the notice.
This Website is operated by Julie R Delgado, LLC + 1 312 465 0311
Should you become aware of misuse of the Website, including libelous or defamatory conduct, you must report it to the Company. All reports of misuse and other feedback, comments, requests for technical support, and other communication relating to the Website should be redirected to Juile@upwithjr.com.