Jeneration J

Terms of Use:

 

Introduction

 

Jenesse Center, Inc. (“Jenesse”) is pleased to provide you with this site for your personal education, but nothing on this site constitutes a recommendation for medical care or other professional services, nor does Jenesse make a warranty of any kind in terms of the appropriateness for individual online users.

By accessing a site provided by Jenesse, you agree to be legally bound by the following terms. If you do not agree to be legally bound by all of the following terms then please do not access and/or use this site. Jenesse may change these terms at any time and Jenesse will do its utmost in informing you, though it would be prudent to review this regularly yourself as your continued usage of this site after changes means you agree to be legally bound by these terms as they are updated and/or amended.

 

Disclaimer of Endorsement

 

The information posted on this Jenesse website includes information copyrighted by others, as well as links or pointers to or integrated functionality, such as search or locator engines that will lead to other websites, including web pages and social media platforms that are run by independent organizations. These linked websites and platforms are developed and maintained independently of Jenesse and are not a part of this Jenesse website. When users leave the Jenesse website and travel to a third-party website or platform, they become subject to different terms of use and privacy policies. Jenesse does not control or guarantee the accuracy, relevance, timeliness or completeness of any third-party information contained on the Jenesse web pages or any information found on a linked website or platform, nor does Jenesse endorse the views expressed or products or services offered by any third-party information or linked websites or platforms.

 

Information Obtained Through the Jenesse Web Site Does Not Constitute Medical, Legal, or Other Professional Advice

 

The information contained in this Jenesse website or transmitted to you electronically in response to a message from you is not intended nor implied to constitute medical advice or medical counseling, diagnosis, or treatment. Always visit or speak to a qualified health service provider in person prior to starting any new treatment or with any questions you may have regarding a medical condition. This Jenesse website does not directly or indirectly practice medicine or dispense medical advice or counseling as part of this service.

In addition, nothing contained in this Jenesse website is intended to be or constitutes legal advice, and users should always seek the advice of an appropriate attorney or other professional regarding individual questions or concerns of a legal or professional nature.

 

Disclaimer of Warranty and Liability

 

Jenesse assumes no liability for any diagnosis, treatment, decision made, or action taken in reliance upon information contained in the Jenesse website or any other Internet sites linked to it in any way. Jenesse does not assume any responsibility or risk for your use of the Jenesse website or the Internet.

Furthermore, Jenesse does not make any express or implied warranties, representations, or endorsements whatsoever in connection with the Jenesse website, other third party websites or social media platforms accessed through the site, or the Internet generally (including without limitation, warranties of title or non-infringement, or the implied warranties of merchantability or fitness for a particular purpose). You understand that, except for information or services clearly identified as being supplied by Jenesse, Jenesse does not review, operate, or control any material, information, or services on this website or on the Internet, including electronic transmissions from individual users of the site or materials connected to the Jenesse website through links in any way.

 

In no event shall Jenesse be liable for any injury, loss, claim, damage, or any incidental or consequential damages arising either directly or indirectly out of or in any way connected with the Jenesse website.  (Some states do not allow the exclusion of implied warranties or the limitation or exclusion of liability for incidental and consequential damages, so the above exclusions may not apply to you.).

 

Legal Actions

 

RESOLUTION OF DISPUTES: INFORMAL DISPUTE RESOLUTION; BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS

• Informal Dispute Resolution. Before either you or Jenesse pursue or participate in any Claim against the other party in arbitration or court proceedings, you or Jenesse must notify the other party of the Claim in writing at least 60 days in advance of initiating the arbitration or court proceeding in order to provide a reasonable opportunity to resolve the Claim. You may send a written notice of your Claim to Jenesse at P.O. Box 8476, Los Angeles, CA 90008. Jenesse may send written or electronic notice of its Claim to your email address, your online account associated with Jenesse’s website, or any physical or other address Jenesse has for you. The notice must describe the Claim in reasonable detail and set forth the relief requested so that the other party has an opportunity to adequately address the Claim. You and Jenesse agree to negotiate in good faith with each other to try to informally resolve the Claim and, if you and Jenesse do not reach an informal resolution of the Claim within 60 days, then the Claim may be submitted to binding arbitration as set forth in this Section of the Agreement or court as permitted by Paragraphs 2-5 below.

• Binding Arbitration and Exclusions from Arbitration. EXCEPT AS PROVIDED BELOW OR UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN PARAGRAPH 5 BELOW), ANY AND ALL CLAIMS BETWEEN YOU AND JENESSE THATARE NOT RESOLVED THROUGH THE INFORMAL PROCESS OUTLINED ABOVE WILL BE RESOLVED IN BINDING ARBITRATION RATHER THAN IN COURT. With the exception of class actions (further discussed below) and claims to enforce intellectual property rights (patents, copyrights, moral rights, trademarks, and trade secrets, but not privacy or publicity rights), any dispute of any kind between you and Jenesse arising under this Agreement or in connection with your use of the website (“Dispute(s)”), if unresolved through the informal process outlined above, will be resolved by binding arbitration. Notwithstanding the provisions of Paragraph 1 above, you and Jenesse reserve the right to seek a preliminary injunction, restraining order or other provisional equitable relief in any court as provided in "GOVERNING LAW, ARBITRATION LOCATION, JURISDICTION, VENUE, JURISDICTION AND JURY TRIAL WAIVER" below in connection with any Claim whereby you or Jenesse, as applicable, may suffer immediate and irreparable harm for which money damages may be inadequate and impossible to calculate; provided, however, that, subsequent to obtaining such preliminary injunction, restraining order or other provisional equitable relief, the Claim will then be submitted to arbitration in accordance with this Section of the Agreement. You and Jenesse agree that the enforceability of this Section of the Agreement will be governed by, construed, and enforced, both procedurally and substantively, by the Federal Arbitration Act, 9 U.S.C. sections 1-9 ("FAA"). Arbitration is the referral of a dispute to one or more impartial persons for a final and binding determination. There is no judge or jury in arbitration, discovery is more limited than in court, there are no class or representative proceedings, and court review of an arbitration decision is limited. An arbitrator must follow this Agreement and can award on an individual basis the same damages and relief as a court (including, but not limited to, injunctive and declaratory relief, statutory damages, and attorneys' fees). "Claim(s)" means any dispute, claim or controversy by or between you and/or Jenesse relating to the website and/or this Agreement (including, but not limited to, the Privacy Policy and any additional terms that govern certain products and/or services which are presented in conjunction with those products and/or services, Rules, regulations, procedures and policies which we refer to in this Agreement), as may be modified from time-to-time, and the subject matter hereof, including, but not limited to, any contract, tort, statutory, or equity claims.

• Arbitration Proceedings and Costs. Any arbitration will be initiated and conducted according to either (1) the JAMS Streamlined (for claims under $250,000) or the JAMS Comprehensive (for claims over $250,000) Arbitration Rules and Procedures; or (2) the Arbitration Rules of ADR Services Inc., except as modified herein, in the location described in "GOVERNING LAW, ARBITRATION LOCATION, JURISDICTION, VENUE, JURISDICTION AND JURY TRIAL WAIVER" below

 

Upon filing of an arbitration demand for Claims up to $75,000, Jenesse will reimburse you for all necessary filing, administration and arbitrator fees paid by you to JAMS or, if you wish Jenesse to pay such fees directly to JAMS, you must request payment of such fees by Jenesse by mail to JAMS along with your form initiating arbitration and Jenesse will make arrangements to pay such fees directly to JAMS. In the event the arbitrator determines that the Claim(s) you assert in the arbitration are frivolous or vexatious, you agree to reimburse Jenesse for all fees associated with the arbitration paid by Jenesse on your behalf. You agree that Jenesse shall have no obligation to pay any other fees except as determined by the arbitrator.

 

For Claims that total more than $75,000, the JAMS Rules will govern payment of filing, administration and arbitrator fees to the maximum extent permitted by law. The decision of the arbitrator will be binding and conclusive on all parties, and judgment to enforce the decision may be entered by any court of competent jurisdiction.

 

• Class Action Waiver. UNLESS YOU SUBMIT A VALID ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE (AS DESCRIBED IN PARAGRAPH 5), YOU AND JENESSE AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WHETHER IN ARBITRATION OR IN COURT WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED OR REPRESENTATIVE ACTION. You and Jenesse expressly agree that any Claim is personal to you and Jenesse, shall only be resolved by an individual arbitration (or individual court proceedings with respect to Claims excluded from mandatory arbitration as described in Paragraph 2 of this Agreement), and shall in no event be brought as a class arbitration, a class action, or any other representative proceeding. The arbitrator (or court if the Claim is excluded from mandatory arbitration as described in Paragraph 2 of this Agreement) may only conduct an individual arbitration (or court action if the Claim is excluded from mandatory arbitration as described in Paragraph 2 of this Agreement), and may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court or arbitrator determines that this class action waiver is unenforceable in an action between you and Jenesse, then this Agreement to arbitrate will be unenforceable. Neither you nor Jenesse consent to class arbitration.

• Right to Opt Out of Mandatory Arbitration and Class Action Waiver. IF YOU DO NOT WISH TO BE BOUND BY THE MANDATORY ARBITRATION AND CLASS ACTION WAIVER PROVISIONS IN PARAGRAPHS 2, 3 AND 4, YOU MUST NOTIFY JENESSE IN WRITING (THE "Arbitration/Class Action Waiver Opt-Out Notice"), WHERE THE ARBITRATION/CLASS ACTION WAIVER OPT-OUT NOTICE MEETS ALL OF THE FOLLOWING REQUIREMENTS:

 

(a) Sent by first class mail, postage prepaid, certified and return receipt requested or sent by overnight courier service (such as Federal Express) to Jenesse, P.O. Box 8476, Los Angeles, CA 90008.

(b) Postmarked (if sent by first class mail) or deposited with the overnight courier service no later than 45 days after the date you accept this Agreement for the first time, unless a longer period is required by applicable law.

(c) Includes your first and last name, address, phone number, email address, and your username for any online account for the website. We shall use the foregoing information included in the Arbitration/Class Action Waiver Opt-Out Notice to record, process, maintain and administer your opt-out of the mandatory arbitration and class action waiver provisions and not for marketing purposes.

(d) Includes a statement that you do not agree to the mandatory arbitration and class action waiver.

If the Arbitration/Class Action Waiver Opt-Out Notice meets all of the above requirements, you will be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Paragraphs 2, 3, and 4 with respect to this website. Note that a valid Arbitration/Class Action Waiver Opt-Out Notice applies only to the individual identified in such notice as opting out.

If the Arbitration/Class Action Waiver Opt-Out Notice does not meet all of the above requirements, you will not be deemed to have opted out of the mandatory arbitration and class action waiver provisions in Paragraphs 2, 3, and 4.

GOVERNING LAW, ARBITRATION LOCATION, JURISDICTION, VENUE, AND JURY TRIAL WAIVER

With the exception of the provision above that the enforceability of "RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS" above is governed both procedurally and substantively by the FAA, this Agreement and your use of this website is otherwise governed by, construed and enforced in accordance with the laws of the State of California (without regard to that state's conflict of laws rules).

You or Jenesse shall initiate arbitration in the United States county or territory in which you reside or, if you do not reside in the United States or one of its territories, in the non-United States country in which you reside; provided, however, that (a) Jenesse may request to transfer the arbitration to Los Angeles County, California if it agrees to pay any additional fees or costs you incur as a result of the change in location as such additional fees or costs are determined by the arbitrator and to the maximum extent permitted by law and, upon such request, (b)(i) if you agree to such request, the arbitration shall be transferred to Los Angeles County, California or (ii) if you do not agree to such request, Jenesse shall have right to request that the arbitrator determine the location in which the arbitration shall be held. You and Jenesse agree that any Claim that is allowed to proceed in court as set forth in Paragraph 2 of "RESOLUTION OF DISPUTES: BINDING ARBITRATION; NO CLASS OR REPRESENTATIVE ACTIONS OR ARBITRATIONS" above (including, but not limited to, as a result of your submission of a valid Arbitration/Class Action Waiver Opt-Out Notice), or otherwise proceeds in court in the event the agreement to arbitrate above is found not to apply to you or a particular Claim as a result of a decision by the arbitrator or a court order, is subject to exclusive jurisdiction and venue in the State or Federal Courts situated in Los Angeles County, California.

If any Claim proceeds in court rather than in arbitration, YOU AND JENESSE WAIVE ANY RIGHT TO A JURY TRIAL.

 

User Rules

 

In order to maintain an informative and valuable service that meets the needs of the viewers and avoids harm to others, it is necessary to establish and for you to follow these User Rules:

 

Users may not post any abusive, obscene, vulgar, slanderous, hateful, threatening, sexually-orientated, libelous or defamatory content, or content that violates any other person's copyrights, privacy rights, trademarks, trade secrets, or rights in other confidential information, or any other material that may violate any laws be it of your country, the country where “Jenesse.org” is hosted or International Law.  Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The User indemnifies Jenesse for any and all damages suffered by third parties as a result of the User's violation of this term. You agree that Jenesse has the right to remove, edit, move or close any topic at any time should we see fit.

 

Users may not post or transmit any message, data, image, or program with the intent to threaten the safety of others and/or with the effect of causing a reasonable person to perceive a threat to his or her safety.  Doing so may lead to you being immediately and permanently banned, with notification of your Internet Service Provider if deemed required by us. The User indemnifies Jenesse for any and all damages suffered by third parties as a result of the User's violation of this term.

Users may not interfere with other Users' use of the Jenesse website, including, without limitation, disrupting the normal flow or use of the service.

 

Indemnification

 

You agree to indemnify, defend and hold harmless, Jenesse and its respective officers, directors, employees, agents, licensors, representatives, and third party providers to Jenesse from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation of these Terms of Use by you, including but not limited to any breach or alleged breach of any of your representations, warranties or undertakings hereunder. Jenesse reserves the right to assume, at its sole expense, the exclusive defense and control of any matter subject to indemnification by you, in which event you will fully cooperate with Jenesse in asserting any available defenses.

 

Mandatory Reporting

 

Jenesse advocates may be considered mandatory reporters by law.  While Jenesse does not actively monitor its discussion boards, nor does it intend to do so, to the extent Jenesse becomes aware of conduct that must be reported by law, Jenesse will be required to do so. 

Donations

 

When you make a donation on the Jenesse website, we may share some of your personally identifiable information with a third party payment processor in order to process the transaction.

 

Contacting the Website

 

If you have any questions about the terms of use, the practices of this site, or your dealings with this site, please contact Jenesse via one of the methods below:

Telephone: (323) 299-9496

Address: P.O. Box 8476, Los Angeles, CA 90008

Email address: info@jenesse.org

 

DISCLAIMER

 

Information found on this site is not a substitute for advice from qualified professionals. If you or anyone you know is in immediate danger, PLEASE call 911. For shelter and other assistance, call the Jenesse Hotline at (800) 479-7328. To help protect your privacy, please do not use your real name as your username or provide any personal information (name, address, etc.) on any discussion board or other interactive part of the site. By using this site, you agree to hold Jenesse and Jeneration J harmless for any claim or injury arising from the use of this site, its content, or any third-party links.