TERMS OF USE

Version 2.0

Last Modified 10/17/24

Welcome to www.juliecortes.com (the “Website”).

This Website is operated by Julie Cortés, Freelance Rockstar, a Kansas-based for-profit sole proprietor.

By using this Website or any related service operated by us, you are agreeing to these Terms of Use (the “Terms”) and my Privacy Policy (the “Privacy Policy”). All references to “you” mean you, an individual. However, if you are using the Services (as defined below) or any related service on behalf of a business entity, then “you” means both you and your business entity.

If you do not agree to these Terms, then do not use the Website.

USE OF THE SERVICES

“Services”
As used in the Terms and Privacy Policy, “Services” means this website and all related services operated by me.

Store
If you purchase any products from my store at https://www.juliecortes.com/store, then you may be agreeing to additional legal terms with respect to that purchase.

Provision
I will use commercially reasonable efforts to ensure the Services are up and running, but I am not liable for any time during which the Services may be down. I may modify, change, or remove parts or all of the Services at any time.

Prohibited Uses
You may not do anything through the Services that is illegal or that diminishes my purposes or reputation, or that will harm the Services including without limitation using bots, scrapers, harvesters, or other automated systems. You may not use the Services if you are under the age of 13, if I have restricted or terminated your use of the Services, or if your use of the Services will violate another contract.

Third-Party Sites
If you click on any links that take you away from my Services, then you use those other sites and services at your own risk.

Advertisements
I may show third-party advertisements on the Services or Resources page. If you click on or purchase any of the goods or services for those third parties, you do so at your own risk.

PRICING & PAYMENT

Paid Accounts
Some or all of the Services may be accessible only after signing up as a client. All fees are described throughout the Services, and all of the same may be changed at any time by me. If you sign up for said Services, then you are thereby agreeing to pay me all fees required for that service as described in my Services.

Credit Card Information
I use a third-party payment processor (currently PayPal, which may change at any time). You will be required to agree to the third-party payment processor’s legal terms in order to make a payment.

Termination & Refunds
Both you and I may terminate services at any time for any reason; however, all payments made for purchased Services are non-refundable. For clarification, after making a payment to me, you won’t be entitled to a refund. Additionally, all coaching sessions reserved will also need to be paid for, regardless of whether or not you uphold the agreement.

CONTENT & INTELLECTUAL PROPERTY

Our Property Rights
The Services, including without limitation all design, software, code, copy, and other content on the Services, are either owned by me, licensed to me, or likely owned by another individual or business and may be protected by copyright, trademark, patent, trade secret, or other intellectual property laws. Your use of the Services does not grant any rights to you other than the right to use the Services for their intended purpose as outlined in these Terms.

Your Property Rights
If you submit any content to me including text, photos, videos, comments, testimonials, or other content (“Your Content”), then you (a) represent and warrant that you either own or have permission to use all of Your Content including the intellectual property in and to the same; and (b) you grant me an irrevocable, worldwide, perpetual, sub-licensable, royalty-free, transferable, license to use Your Content including without limitation the right to reproduce, prepare derivative works from, distribute, display, and perform, all of Your Content for any reason, with or without attribution. For clarification, the license above is perpetual and irrevocable, meaning the termination of your use of the Services does not terminate the license. Additionally, Your Content may be visible to other users of the Services, and I cannot guarantee that they will not violate your rights with respect to Your Content, and I disclaim all liability for such uses by other users. You may request that I remove Your Content from our Services, but I may not be able to do so, and I am not obligated to do so. I also have no obligation to retain any of Your Content.

Copyright/DMCA Policy
I respect intellectual property rights, and it is my policy to comply with the Digital Millennium Copyright Act of 1998 (“DMCA”). If you believe content on my Services infringes your copyright (or the copyright of someone whom you are authorized to represent), please submit a written or digital DMCA Notice to my Designated DMCA Agent on file with the Copyright Office.

Your DMCA Notice must include the following:

1. Identification of the copyrighted work that you claim has been infringed;

2. Identification of the material that is claimed to be infringing and specifically where it is located on the Service;

3. Sufficient information for us to contact you such as your address, phone, or email address.

4. A statement that you have a good faith belief that the use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law;

5. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner; and

6. An electronic or physical signature of a person authorized to act on behalf of the copyright owner.

PLEASE NOTE: Under federal law, if you knowingly misrepresent that online material is infringing, you may be subject to criminal prosecution for perjury and civil penalties, including monetary damages, court costs, and attorneys’ fees.

PROHIBITED ACTIVITIES

You may not access or use the Services or products for any purpose other than that for which I make them available. These Services and products may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by me.

As a user of this Website, you agree not to:

  • Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without my written permission.

  • Trick, defraud, or mislead me and/or other users, especially in any attempt to learn sensitive account information such as user passwords.

  • Circumvent, disable, or otherwise interfere with security-related features of the Services, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Services and/or the Content contained therein.

  • Disparage, tarnish, or otherwise harm, in my opinion, me and/or the Services or products.

  • Use any information obtained from the Services in order to harass, abuse, or harm another person.

  • Make improper use of my support services or submit false reports of abuse or misconduct.

  • Use the Services in a manner inconsistent with any applicable laws or regulations.

  • Engage in unauthorized framing of or linking to the Services or products.

  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Services, or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Services.

  • Engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.

  • Delete the copyright or other property rights notice from any Content.

  • Attempt to impersonate another user or person or use the username of another user.

  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).

  • Interfere with, disrupt, or create an undue burden on the Services or products, or the networks or services connected to the Services or Products.

  • Harass, annoy, intimidate, or threaten any of my employees or agents engaged in providing any portion of the Services to you.

  • Attempt to bypass any measures of the Services designed to prevent or restrict access to the Services, or any portion of the Services.

  • Copy or adapt the Services’ software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.

  • Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Services or products.

  • Except as may be the result of standard search engine or internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

  • Use a buying agent or purchasing agent to make purchases on the Services or products.

  • Make any unauthorized use of the Services or products, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.

  • Use the Services or products as part of any effort to compete with us or otherwise the Services and/or the content and products for any revenue-generating endeavor or commercial enterprise.

APPLICATION PROGRAM INTERFACE (API) TERMS

API Terms & Conditions
At my sole discretion, I may allow you to interact with, pull data from, and use the Services using one or more Application Program Interface (commonly referred to as an API) and if I do, then additional API terms and conditions may apply to your use of my APIs. For clarification, API(s) are considered part of my “Services.”

DISCLAIMERS & LIABILITY LIMITATIONS

THE SERVICES ARE OFFERED ON AN “AS IS” AND “AS AVAILABLE” BASIS SUBJECT TO THE FOLLOWING DISCLAIMERS, EXCLUSIONS, AND LIMITATIONS:

I do not provide any express warranties or representations and disclaim any and all imputed warranties and representations, including without limitation all warranties of merchantability, fitness for a particular purpose, title, accuracy of data, and non-infringement. I disclaim all liability for identity theft and other misuse of your identity or other content. I do not make any guarantees regarding the operation of the Services, portions or all of which may be unavailable at times or terminated permanently. I do not control or vet content submitted by the users of our Services.

Additionally, I do not make any representations, warranties, guarantees, or other promises with respect to the subject matter listed on my Services. I do not guarantee that the services or work product you purchase will be of a specific quality, and your use of any of them is at your own risk.

Except as expressly provided in another contract between you and me, your sole remedy for dissatisfaction with the Services is to terminate your agreement and/or your use of the Services. Neither us nor any of our parents, subsidiaries, affiliates, licensors, or the owners, subcontractors, vendors, or agents of any of the same (“Affiliates”) shall be cumulatively liable for any special, incidental, indirect, punitive, or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Services or any of the content or other materials on, accessed through, or downloaded through, the Services. Subject to the other limitations in the policies, my liability, if any, as well as the liability of any of my vendor partners or Affiliates, if any, shall be limited to the sums paid by you to me or my Affiliates in the 12 months immediately preceding the date on which your claim arose. Further, any cause of action or claim which you may have that arises out of or relates to these Terms or my Privacy Policy or your use of the Services, must be brought, if at all, within one year after the cause of action accrued; otherwise, such cause of action or claim shall be permanently barred. This limitation of liability shall apply regardless of whether you base your claim on contract, tort, statute, or any other legal theory; we knew or should have known about the possibility of such damages; or the limited remedies provided in this section fail of their essential purpose.

You shall save, indemnify, and hold me, my subcontractors, and any Affiliates harmless for all damages, losses, and costs (including, but not limited to, reasonable attorneys’ fees) related to all third-party claims, charges, and investigations, caused by your failure to comply with these Terms, including without limitation, your submission of content that violates third party rights or applicable laws, any applications or programs which you create which use any of my Services, and any activity in which you engage on or through the Services.

Certain state laws do not allow limitations on implied warranties or the exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, and limitations, may not apply to you and you may have additional rights.

ARBITRATION

If a dispute arises between you and me related to your use of the Services, these Terms, or the Privacy Policy, then the dispute shall be resolved by binding arbitration rather than in court (arbitration does not involve a judge or jury and court review of arbitration awards is limited) and shall be administered by the American Arbitration Association (“AAA”). To initiate an arbitration, you must send a letter requesting arbitration and describing your claim to my registered agent on file with the Kansas Secretary of State. The arbitration proceedings shall be held in Johnson County, Kansas, USA. If this agreement to arbitrate is found not to apply to your claim, then both you and I agree that any judicial proceedings will be brought in accordance with the governing law and jurisdiction/venue provisions below.

Notwithstanding the agreement to arbitrate above, either you or I may assert a claim seeking injunctive or other equitable relief from the courts as necessary to stop unauthorized use or abuse of the Services or intellectual property infringement (for example, trademark, trade secrets, copyright or patent rights) without first engaging in arbitration.

CLASS ACTIONS ARE PROHIBITED: All claims, including without limitation all arbitration claims, must be brought on an individual basis and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations, are not allowed.

MISCELLANEOUS

Termination
You may stop using the Services at any time. However, you will remain liable for any damage you caused or may later cause to me or any part of the Services.

In my sole discretion, at any time, and with or without notice, I may (a) suspend your access to or terminate your right to use of all, or parts of, the Services; (b) suspend your access to or terminate your user account, if applicable; and/or (c) suspend or terminate all, or parts of, the Services.

Governing Law; Jurisdiction; Venue; & Waiver of Jury Trial
These Terms and Privacy Policy are governed by and shall be construed in accordance with Kansas law, without regard to its conflict of laws rules. If a dispute arises between you and me related to your use of the Services, these Terms, or the Privacy Policy, and if such dispute is for any reason not subject to the arbitration requirements above, then the dispute shall be resolved in the U.S. District Court for the District of Kansas and/or the courts in Johnson County, Kansas, and you and I each consent to venue and personal jurisdiction there. Both you and I waive trial by jury in all actions, proceedings, and counterclaims brought by either party against the other on any matter related to your use of the Services, these Terms, or our Privacy Policy.

Contact
Except as otherwise required, all notices and communications that you may send to me shall be sent to me via email at letsrock@juliecortes.com.

Entire Agreement; Severability; Waiver
These Terms and the Privacy Policy set forth the complete and entire agreement between you and me relating to your use of the Services and supersede all other negotiations, proposals, or agreements, whether oral or written, previously discussed or entered into between you and I related to your use of the Services. Each provision of these Terms and Privacy Policy shall be treated as separate and independent from the other provisions and the unenforceability of one shall not impair the enforceability of the others. The failure or delay by me to exercise any right or remedy set forth in these Terms or the Privacy Policy will not operate as a waiver thereof. The waiver by us of a breach of any provision in these Terms or our Privacy Policy will not operate as a waiver of any subsequent breach. No waiver by me will be effective unless and until it is in written form and signed by me.

Assignment
These Terms and the Privacy Policy and all rights and licenses granted to you may not be transferred or assigned by you but may be assigned by me without restriction. Any attempted transfer or assignment by you will be null and void.

POWER TO AMEND THESE TERMS

I reserve the right to amend these Terms and/or my Privacy Policy at any time or for any reason at my sole discretion without notices. Your continued use after I provide the notice constitutes your consent to the amendment(s).