TERMS OF USE
Sustainable Joy, as a division of Well Worthy Concepts, LLC, is part of a benefit company or social enterprise. This means that services are offered with a commitment to right relationship among all stakeholders. The Terms of Use below govern the provision of services by Well Worthy Concepts ("We" or "Us") to our clients ("You" or "Client") and support clarity and accountability regarding the coaching, tutoring, writing, and consulting services offered. Your use of a service constitutes full acceptance of and agreement to be bound by the following Terms of Service in their entirety. If any portion of the terms are unenforceable under applicable law, all other terms shall remain fully enforceable under law.
Claim of Copyright Infringement. Pursuant to Section 512(c) of the Copyright Revision Act, as enacted through the Digital Millennium Copyright Act, you may contact Well Worthy Concepts, LLC at: [email protected]
Disclaimer of Warranties. The website, any software, and our services are provided by Well Worthy Concepts “as is” and on an “as available” basis. To the fullest extent permitted by applicable law, we make no representations or warranties of any kind, express or implied, regarding the use of this website in terms of its correctness, accuracy, reliability, or otherwise. Well Worthy will have no liability for any interruptions in your ability to access or use this website. Well Worthy disclaims all warranties with regard to the information provided, including the implied warranties of merchantability and fitness for a particular purpose, and non-infringement.
Disputes. If at any time you find that you are not getting your expected value from the service, you agree to bring any concern(s) to us directly. If your concerns are still not resolved you agree that your sole remedy is to cease utilizing the service. You further agree not to defame, abuse, harass, harm, stalk, threaten or otherwise violate the legal rights (including without limitation rights of privacy and publicity) of any tutor, coach or consultant from Sustainable Joy and that any such action will result in an immediate ban on services as well as legal action as required. Any dispute arising out of your use of this website, software, or our service shall be resolved by arbitration in Montgomery County, State of Maryland, pursuant to the commercial arbitration rules then in effect of the American Arbitration Association (or at any time or at any other place or under any other form of arbitration mutually acceptable to the parties so involved). Any award rendered shall be final and conclusive upon the parties and a judgment thereon may be entered in the highest court of the forum, state or federal, having jurisdiction. Each party shall pay for and bear the cost of its own experts, evidence and counsel’s fees, except that in the discretion of the arbitrator, any award may include the cost of a party’s counsel if the arbitrator expressly determines that the party against whom such award is entered has caused the dispute, controversy or claim to be submitted to arbitration as a dilatory tactic. The foregoing obligation to resolve all disputes through arbitration shall be in lieu of any right to file or prosecute a lawsuit, complaint, or charge based on or relating to any claims under this Agreement (whether as a named plaintiff or class member), which rights are hereby waived.
Governing Jurisdiction. The Terms of Use and all agreements between Us and You are governed and interpreted under the laws of the state of Maryland, without giving effect to any choice of law rules. Well Worthy Concepts makes no representation that the website or other services comply with laws of other jurisdictions, except the laws of the State of Maryland. Accordingly, any User who chooses to access our website agrees to do so subject to the internal laws of the State of Maryland. Any enforcement of any provision of these Terms of Use shall be brought exclusively in the courts of Montgomery County, Maryland. Each User (1) submits to the personal and subject matter jurisdiction and venue of such court and (2) waives the defense of an inconvenient forum.
Inseparability. If any provision of the Terms of Use are found to be unlawful, void, or unenforceable for any reason, the other provisions (and any partially-enforceable provision) will not be affected thereby, and will remain valid and enforceable to the maximum possible extent. You agree that the Terms of Use, and any other agreements referenced herein, may be assigned by Well Worthy Concepts in our sole discretion, to a third party in the event of a merger or acquisition.The Terms of Use will apply in addition to, and will not be superseded by, any other written agreement in relation to your use of our services.
Limits of Liability. This site and the services described herein are provided on an "as is" and "as available" basis and at your sole risk. To the fullest extent permissible pursuant to applicable law, Sustainable Joy disclaims all warranties and conditions, expressed or implied, in respect of its services and any information, content, or materials on this site, including any implied warranties or conditions of fitness for a particular purpose, merchantability, and non-infringement. Sustainable Joy, in its website, including without limitation banners, graphics, and links pages, may provide links and pointers to Internet sites maintained by third parties. Well Worthy Concepts does not operate, or control in any respect, any information, products, or services on these third-party sites. In no event is Well Worthy Concepts, LLC, its employees, independent contractors, subsidiary and parent companies, affiliates, or any third parties mentioned on the site liable for any damages whatsoever (including, without limitation, direct, incidental, or consequential damages, lost profits, or damages resulting from lost data, breach of confidentiality, or business interruption) resulting from the performance of services, the use or inability to use the Sustainable Joy.net site or the material contained on the site, whether based on warranty, contract, tort, negligence, strict liability, operation of law, or any other legal theory, whether or not Well Worthy Concepts is advised of the possibility of such damages. In no event is Well Worthy Concepts liable for damages in excess of the amount paid by a customer for the service in question. Well Worthy Concepts has set its prices and created this site in reliance on the limitations of liability and disclaimers of warranties and damages set forth herein, and the same form a fundamental and essential basis of the bargain between the parties. They shall apply even if the contract between you and Well Worthy Concepts is found to have failed in its fundamental or essential purpose or has been fundamentally breached. If you are dissatisfied with any Sustainable Joy material, or with any of Well Worthy Concept's terms and conditions, your sole and exclusive remedy is to discontinue using the services described and offered through sustainablejoy.net.
Modifications and Interruption of Service. Well Worthy Concepts, LLC reserves the right to modify or discontinue access to this website with or without notice to the User. Well Worthy Concepts, LLC shall not be liable to User, or any 3rd-party, should Well Worthy Concepts, LLC exercise its right to modify or discontinue the Terms of Use or access to this website. User acknowledges and accepts that Well Worthy Concepts, LLC does not guarantee continuous, uninterrupted, or secure access to this website, and that operation of this website may be interfered with or adversely affected by numerous factors or circumstances outside of our control.
Privacy. If you are requesting services for a minor (a person under the age of 18), you agree that you have the legal right to provide and share such information with us. You further agree that this privacy policy applies only to your use of services provided directly through and not to websites or links provided by Sustainable Joy in the course of services provided. You further agree to indemnify and hold us harmless in the event that there are adverse consequence as a result of using any such websites and/or links and agree that you are accessing and using them solely at your own risk. For information about how we collect, use and share information related to your use of the Site or our services, please refer to our Privacy Policy.
Effective Date: The Terms of Use are effective as of February 2/13/2019 and may be amended from time to time without prior notice.
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