Terms of Use | Jen Alvares

1. INTRODUCTION

Welcome to www.jenalvares.com (the “Website“). PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE WEBSITE. By using the Website, you signify your agreement to these Terms of Use. If you do not agree to these Terms of Use, you may not use the Website. In addition, when you use any of our current or future services, you will also be subject to our guidelines, terms, conditions, and agreements applicable to those services.

2. PRIVACY AND YOUR ACCOUNT

Please review our Privacy Policy, which also governs your visit to the Website, to understand our privacy practices.

We may sell products for children, but sell them to adults who can purchase with a credit card or other permitted payment method. If you are under 18, you may use the Website only with the involvement of a parent or guardian. We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion.

3. CONSIDERATION

You agree that these Terms of Use are supported by reasonable and valuable consideration, the receipt and adequacy of which you hereby acknowledge, including, without limitation, your access to and use of the Website and data, materials and information available at or through the Website.

4. RESTRICTIONS ON USE; LIMITED LICENSE

All content contained on the Website (collectively, “Content“), such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software, is our property or the property of our licensors or licensees, and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws, treaties and conventions. All software used on the Website is our property or the property of our software suppliers and protected by United States and international copyright laws, treaties and conventions.

Any trademarks, service marks, graphics, logos, page headers, icons, scripts and trade names (each, a “Mark“) contained on the Website are proprietary to us or our licensors or licensees. Our Marks may not be used in connection with any product or service that is not ours in any manner that is likely to cause confusion among users or that disparages or discredits us or anyone else. All other Marks not owned by us that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by us.

We grant you a limited license to access and make personal use of the Website. No Content of the Website or any other Internet site owned, operated, licensed, or controlled by us may be copied, reproduced, republished, downloaded (other than page caching), uploaded, posted, transmitted or distributed in any way, or sold, resold, visited, or otherwise exploited for any commercial purpose, except that you may download one (1) copy of the Content that we make available to you for such purposes on a single computer for your personal, noncommercial, home use only, provided that you: (a) keep intact all copyright, trademark and other proprietary rights notices; (b) do not modify any of the Content; (c) do not use any Content in a manner that suggests an association with any of our products, services or brands; and (d) do not download Content so as to avoid future downloads from the Website. Your use of Content on any other website or computer environment is strictly prohibited.

The license granted to you does not include, and specifically excludes, any rights to: resell or make any commercial use of the Website or any Content; collect and use any product listings, descriptions, or prices; make any derivative use of the Website or Content; download or copy account information for the benefit of anyone else; or use any form of data mining, robots, or similar data gathering and extraction tools. You may not frame, or utilize framing techniques to enclose, any Mark, Content or other proprietary information, or use any meta tags or any other “hidden text” utilizing any such intellectual property, without our and each applicable owner’s express written consent. Any unauthorized use automatically terminates the license granted to you hereunder. You are granted a limited, revocable, and non-exclusive right to create a hyperlink only to our home page provided that the link does not portray us or our licensors or licensees, or their respective products or services, in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of our or any such party’s intellectual property as part of the link without our and each such party’s express written consent.

5. CHANGES TO THE TERMS OF USE

We reserve the right, in our sole discretion, to change, modify, add or delete portions of these Terms of Use at any time without notice, and it is your responsibility to review these Terms of Use for any changes. Your use of the Website following any change to these Terms of Use will constitute your assent to and acceptance of the revised Terms of Use.

6. RELIANCE ON INFORMATION POSTED

The information, content and material presented on or through the Website is made available solely for general informational purposes. We do not warrant the accuracy, completeness, or usefulness of such information, content and material. Any reliance you place on such information, content and material is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such information, content or material by you or any other visitor to the Website, or by anyone who may be informed of any such information, content or material.

This Website may include information, content or material provided by third parties, including without limitation other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in such information, content or material, and all articles and responses to questions and other information, content or material, other than information, content or material provided by the us, are solely the opinions and the responsibility of the person or entity providing such information, content or material. Such information, content or material does not necessarily reflect our opinion or any of our representatives. We are not responsible, or liable to you or any third party, for the content or accuracy of any information, content or material provided by any users of the Website or any third parties.

7. CONTENT SUBMISSION

For the purposes of these Terms of Use, “Content Submission” includes, but is not limited to, any information, content, material, data, text, images, photographs, videos, audio, writings, comments, articles, scripts, graphics, software, or audiovisual works that you submit to us.

Any Content Submission that you upload, submit, or post onto our servers is your responsibility. You thus warrant that your content is accurate, up-to-date, complete, that it does not infringe on the rights of any third-party whether related to privacy, publicity, intellectual property, or otherwise, and that it further complies with all applicable laws, rules, and regulations. You agree to indemnify and hold harmless us and all our representatives from any third-party claims arising out of our use of the Content Submission.

By making a Content Submission, you grant us and our representatives a worldwide, non-exclusive, perpetual, royalty-free, fully paid, sublicensable and transferable license to use, edit, modify, redact, reproduce, distribute, prepare derivate works of, display, perform, and otherwise fully exploit, whether commercially or non-commercially, the Content Submission in connection with the Website and any related activities including, but not limited to, advertising, promotion, and the sale of our products. This license will also apply to any biographical information accompanying your Content Submission including your name, likeness, voice, or photograph. This license survives the removal of your Content Submission from the Website, whether by yourself or by us, and also survives the deletion of your profile, whether by yourself or by us.

We have the right, in our sole and absolute discretion, to re-categorize any Content Contribution to place them in more appropriate or desirable locations on the Website.

By making a Content Submission, you also waive the right to assert any claim, including those of trademark, copyright, moral rights, rights of publicity or rights of privacy against our use of the Content Submission, regardless if such use is now explicitly stated. You further agree to appoint us as your attorney-in-fact with respect to the Content Submission so that we can fully use the Content Submission and any accompanying biographical information in a manner consistent with the license granted as stated above.

You understand that we are under no obligation to use your Content Submission, regardless if we previously expressed an intent to do so. We may also remove, upload, edit, download, and share your Content Submission at any time for any reason, regardless of when you uploaded the Content Submission.

Your Content Contributions shall not be:

False, inaccurate or misleading.

Unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam or other forms of solicitation.

Obscene, lewd, violent, harassing, intimidating, disparaging, abusive, offensive libelous or otherwise objectionable, as determined solely by us.

Furthermore, your Content Contributions shall not:

Infringe upon the proprietary rights, including without limitation the copyright, patent, trademark, trade secret or moral rights of any third party.

Violate any applicable law, ordinance, regulation or these Terms of Use.

If, after making a Content Submission, you discover that your content violates the right of a third-party or otherwise fails to comply with a law, rule, or regulation, you shall immediately inform us at info@jenalvares.com.

8. CHANGES AND INTERRUPTIONS TO THE WEBSITE

We may update the information, content and material on the Website from time to time, but such information, content or material is not necessarily complete or up-to-date. Any of the information, content or material on the Website may be out of date at any given time, and we are under no obligation to update such information, content or material.

We cannot guarantee that the Website will always be available or accessible. We may experience hardware, software, connectivity, server or other problems or need to perform maintenance related to the Website, resulting in interruptions, delays or errors.

9. INFORMATION ABOUT YOU AND YOUR VISITS TO THE WEBSITE

All information we collect on this Website is subject to our Privacy Policy. By using the Website, you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy.

10. LINKS FROM THE WEBSITE AND ADVERTISERS

The Website may contain (or you may be sent via the Website) links to other websites (“Third Party Websites”) as well as information, applications, software, video, articles, photographs, text, graphics, pictures, designs, music, sound and other content or items originating from or belonging to third parties (“Third Party Content”). Such Third Party Websites and Third Party Content are not monitored, investigated or verified for completeness, appropriateness or accuracy by us and we are not responsible for any Third Party Websites accessed through the Website or Third Party Content posted on, available through or installed from the Website, including the content, accuracy, opinions, reliability, privacy practices or other policies of or contained in the Third Party Websites or Third Party Content. The inclusion of, linking to or allowing the use or installation of any Third Party Websites or Third Party Content does not imply endorsement or approval of such Third Party Websites, Third Party Content and the third parties themselves. You acknowledge that when you use Third Party Websites and Third Party Content, you do so at your own risk and that these Terms of Use no longer apply. The applicable terms and policies, including privacy and data collecting practices, of any Third Party Website to which you navigate to from the Website applies.

Third Party Websites and Third Party Content are provided for your convenience only. We permit advertisers to display their advertisements, links and other information in certain areas on the Website, including sidebar and banner advertisements, and sponsored links. If you are an advertiser, you take full responsibility for any advertisements placed on the Website and any services or products sold through those advertisements; and acknowledge, warrant and represent that you possess the applicable rights, including without limitation, intellectual property rights, and authority to place advertisements on the Website.

11. SYSTEM REQUIREMENTS.

Use of the certain areas of the Website requires Internet access, audio manager software or other software allowing the downloading and storing of audio and audio-visual files in MP3 or other digital format (the “Software“), and, for certain downloadable content, a compatible player device (the “Device“). We may, at any time and from time to time, in its sole discretion, modify, revise, or otherwise change the system requirements for the Website and the format of any downloadable content, in whole or in part, without notice or liability to you.

Internet access, use of the Software, or use of a Device may result in fees in addition to any fees incurred on the Website. Software and Devices may require you to obtain updates or upgrades from time to time. Your ability to use the Website may be affected by the performance of the Software, the Device, or your Internet connection. You acknowledge and agree that it is your sole responsibility to comply with the system requirements of your Software and Device, as in effect from time to time, and to maintain, update, and upgrade your Software and Devices, including the payment of all Internet access, Software, and Device fees without recourse to us.

12. DISCLAIMER OF WARRANTIES

You understand that we cannot and do not guarantee or warrant that files, links, documents, photos, or any other files or information available for downloading from the internet or the Website will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your personal and desired requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to the Website for any reconstruction of any lost data.

TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR OTHER INFORMATION, CONTENT OR MATERIAL THAT IS MALICIOUS OR TECHNOLOGICALLY HARMFUL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE; OR YOUR DOWNLOADING OF ANY INFORMATION, CONTENT OR MATERIAL POSTED ON THE WEBSITE OR ON ANY OTHER SITE LINKED TO THE WEBSITE.

YOUR USE OF THE WEBSITE, ITS INFORMATION, CONTENT, MATERIAL, ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH THE WEBSITE IS ACCESSED AND/OR ACQUIRED AT YOUR OWN RISK. THE WEBSITE, ITS INFORMATION, CONTENT, MATERIAL, ANY SERVICES, PRODUCTS, OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

NEITHER WE NOR ANY OF OUR REPRESENTATIVES ISSUES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER US NOR ANY OF OUR REPRESENTATIVES REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS INFORMATION, CONTENT AND MATERIAL AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS OR OTHER INFORMATION, CONTENT OR MATERIAL THAT IS MALICIOUS OR TECHNOLOGICALLY HARMFUL; OR THAT THE WEBSITE OR ITS INFORMATION, CONTENT AND MATERIAL AND ANY SERVICES, PRODUCTS OR ITEMS OBTAINED THROUGH THE WEBSITE WILL MEET YOUR NEEDS OR EXPECTATIONS.

THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTH CARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. THE CREATORS OF ANY PRODUCTS/SERVICES DO NOT ASSUME, AND SHALL NOT HAVE, ANY LIABILITY TO USERS FOR INJURY OR LOSS IN CONNECTION THEREWITH. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL OR MEDICAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN, OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.

BECAUSE ANY WEIGHT LOSS OR HEALTH MODIFICATION PLAN CAN RESULT IN SERIOUS INJURY, WE URGE YOU TO OBTAIN A PHYSICAL EXAMINATION FROM A DOCTOR BEFORE USING ANY WEIGHT LOSS PRODUCTS OR SERVICES. YOU AGREE THAT BY USING ANY PRODUCTS OR SERVICES, YOU DO SO ENTIRELY AT YOUR OWN RISK. ANY RECOMMENDATION FOR CHANGES IN DIET INCLUDING THE USE OF FOOD SUPPLEMENTS, WEIGHT REDUCTION AND/OR BODY BUILDING ENHANCEMENT PRODUCTS ARE ENTIRELY YOUR RESPONSIBILITY AND YOU SHOULD CONSULT A PHYSICIAN PRIOR TO UNDERGOING ANY DIETARY OR FOOD SUPPLEMENT CHANGES. YOU AGREE THAT YOU ARE VOLUNTARILY PURCHASING PRODUCTS OR SERVICES, PARTICIPATING IN RECOMMENDED ACTIVITIES, AND USING THIS WEBSITE AND ASSUME ALL RISKS OF INJURY, ILLNESS, OR DEATH.

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

13. LIMITATION ON LIABILITY

TO THE FULLEST EXTENT PROVIDED BY APPLICABLE LAW, IN NO EVENT WILL WE, OUR AFFILIATES OR OUR REPRESENTATIVES, BE LIABLE, UNDER ANY LEGAL THEORY (INCLUDING WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY OR OTHERWISE), TO ANY PARTY FOR (A) DAMAGES OF ANY KIND, ARISING OUT OF OR IN CONNECTION WITH (I) YOUR USE, OR INABILITY TO USE, THE WEBSITE; ANY SITES LINKED TO THE WEBSITE; OR ANY INFORMATION, CONTENT OR MATERIAL ON THE WEBSITE OR OTHER SITES; (B) ANY DIRECT OR INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOST REVENUES, LOST DATA, LOSS OF GOODWILL, WORK STOPPAGE, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, ACCURACY OF RESULTS, COMPUTER FAILURE OR MALFUNCTION; (C) ANY SUM IN THE AGGREGATE, IN EXCESS OF THE GREATER OF $100.00; OR (D) ANY MATTER BEYOND OUR REASONABLE CONTROL.

UNDER NO CIRCUMSTANCES SHALL WE OR ANY OF THE INDEMNIFIED PARTIES BE LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING, DIRECTLY OR INDIRECTLY, FROM ANY EVENT OF FORCE MAJEURE OR OTHER CAUSE BEYOND OUR OR THEIR CONTROL INCLUDING, WITHOUT LIMITATION, ACTS OF GOD, WAR, EQUIPMENT AND TECHNICAL FAILURES, ELECTRICAL POWER FAILURES OR FLUCTUATIONS, STRIKES, LABOR DISPUTES, RIOTS, CIVIL DISTURBANCES, SHORTAGES OF LABOR OR MATERIALS, NATURAL DISASTERS, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES. NEITHER WE NOR ANY OTHER INDEMNIFIED PARTY IS RESPONSIBLE OR LIABLE FOR: (A) ANY INCOMPATIBILITY BETWEEN THE WEBSITE AND ANY SITE, SERVICE, SOFTWARE, OR HARDWARE; OR (B) ANY DELAY OR FAILURE YOU MAY EXPERIENCE WITH ANY TRANSMISSION OR TRANSACTION RELATED TO THE WEBSITE.

SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE ABOVE LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU. IN ADDITION, THERE SHALL BE NO LIABILITY TO ANY PARTY FOR PERSONAL INJURY, PAIN AND SUFFERING, AND EMOTIONAL DISTRESS, EVEN IF CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, REGARDLESS IF FORESEEABLE.

14. INDEMNIFICATION

You hereby agree to indemnify, defend, and hold us, and our licensors, licensees, successors, distributors, agents, representatives, and other authorized users, and each of their respective officers, directors, owners, managers, members, employees, agents, representatives and assigns (collectively, the “Indemnified Parties“), harmless from and against any and all loss, cost, damage, liability and expense (including, without limitation, settlement costs and legal or other fees and expenses) suffered or incurred by any of the Indemnified Parties arising out of, in connection with or related to any breach or alleged breach by you of these Terms of Use. You shall use your best efforts to cooperate with us in the defense of any claim. We reserve the right, at our own expense, to employ separate counsel and assume the exclusive defense and control of the settlement and disposition of any claim that is subject to indemnification by you.

15. APPLICABLE LAW AND DISPUTES

These Terms of Use, your rights and obligations, our rights and obligations, and all actions contemplated by these Terms of Use, will be governed by the laws of the United States of America and the State of California, without regard to principles of conflicts of law and as if these Terms of Use were a contract wholly entered into and wholly performed within the State of California. These Terms of Use will not be governed by the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute relating in any way to your visit to the Website or to products you purchase through the Website shall be submitted to confidential binding arbitration in Los Angeles County, California, United States of America, except that, to the extent you have in any manner violated or threatened to violate our intellectual property rights, we may seek injunctive or other appropriate relief in any state or federal court in Los Angeles County, California, United States of America, and you consent to exclusive jurisdiction and venue in such courts.

Arbitration under these Terms of Use shall be conducted under the rules then prevailing of JAMS/ENDISPUTE Streamlined Arbitration Rules and Procedures in effect at the time of filing of the demand for arbitration.

The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration under these Terms of Use shall be joined to an arbitration involving any other party subject to these Terms of Use, whether through class arbitration proceedings or otherwise.

16. WAIVER AND SEVERABILITY

No waiver by us of any term or condition set out in these Terms of Use shall be deemed a further or continuing waiver of such term or condition, or a waiver of any other term or condition, and any failure of us to assert a right or provision under these Terms of Use shall not constitute a waiver of such right or provision.

If any provision of these Terms of Use is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms of Use will continue in full force and effect.

17. REFUND POLICY

All sales are final and non-refundable.

18. TERMINATION

These Terms of Use are effective until terminated by either you or us. You may terminate these Terms of Use prospectively at any time by discontinuing your access to and use of the Website and destroying all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. If you terminate these Terms of Use, you shall notify us by sending notice of such termination by certified United States mail, postage pre-paid to:

Jen Alvares
65 Pine Ave, 153
Long Beach, CA 90802

We may terminate these Terms of Use (including your access to and use of the Website) without cause and without notice to you, in our sole discretion. Upon termination, you must cease any access to or use of the Website and destroy all materials obtained from the Website and all related documentation and all copies and installations thereof, whether made under these Terms of Use or otherwise. We have adopted and implemented a policy that provides for the termination, in appropriate circumstances, of users who are repeat infringers of copyright.

The provisions of these Terms of Use, which by their nature should survive the termination of these Terms of Use, shall survive such termination.

17. ELECTRONIC COMMUNICATIONS

When you visit the Website or send e-mails to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Website. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

18. MISCELLANEOUS LEGAL PROVISIONS

We may discontinue the Website at any time and for any reason, without notice. We may change the contents, operation, or features of the Website at any time for any reason, without notice.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms of Use or your use of the Website. Nothing contained in these Terms of Use is in derogation of our right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by us with respect to such use. A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

Our failure to enforce any provision of these Terms of Use or respond to a breach by you or others shall not constitute a waiver of our right to enforce any other provision of these Terms of Use as to that breach or any other.

These Terms of Use, by their nature and as applicable, shall survive termination of the agreement between you and us. By way of example, all of the following will survive termination: any obligation you have to pay us or indemnify us, any limitations on our liability, any terms regarding ownership or intellectual property rights, and terms regarding disputes between us.

We may assign any or all of our rights and obligations to third parties at any time.

If any provision of these Terms of Use is invalid or unenforceable under applicable law, the remaining provisions will continue in full force and effect, and the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision.

You agree that these Terms of Use shall not be construed against us by virtue of us drafting them.

These Terms of Use constitute the entire agreement between you and us regarding the Website and supersedes any prior or contemporaneous agreement regarding that subject matter.

You hereby waive any and all defenses you may have based on the electronic form of these Terms of Use and the lack of signing by you and us hereto to execute these Terms of Use.

19. NOTICE AND PROCEDURE FOR MAKING CLAIMS OF COPYRIGHT INFRINGEMENT

If you believe that your work has been copied in a way that constitutes copyright infringement, please provide our copyright agent with the written information specified below. Please note that this procedure is exclusively for notifying us that your copyrighted material has been infringed.

- An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest

- A description of the copyrighted work that you claim has been infringed

- A description of where the material that you claim is infringing is located on the Website

- Your address, telephone number, and e-mail address

- A statement by you that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law

- A statement by you, under penalty of perjury, that the foregoing information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf

Our Copyright Agent for notice of claims of copyright infringement on the Website can be reached as follows:

Jen Alvares
Attn: Copyright Agent
65 Pine Ave, 153

Long Beach, CA 90802

20. YOUR COMMENTS AND CONCERNS

All feedback, comments, concerns, requests for technical support, and other communications relating to the Website should be directed to: info@jenalvares.com

JEN ALVARES

JEN ALVARES