Terms

TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS JakeDucey.com & https://.jakeducey.mykajabi.com By using JakeDucey.com & https://.jakeducey.mykajabi.com, you signify your consent to these terms of use. If you do not agree to these Terms of Use, please do not use JakeDucey.com & https://.jakeducey.mykajabi.com.

Your access to and use of JakeDucey.com & https://.jakeducey.mykajabi.com, as well as all related websites operated by Free & Happy Inc. , are subject to the following terms and conditions (“Terms of Use”) and all applicable laws. By accessing and browsing the JakeDucey.com & https://.jakeducey.mykajabi.com, you accept, without limitation or qualification, the Terms of Use and acknowledge that any other agreements between you and JakeDucey.com & https://.jakeducey.mykajabi.com are superseded and of no force or effect:

1. You agree that the JakeDucey.com & https://.jakeducey.mykajabi.com itself, as well as all content, videos, training materials, products, services and/or other materials, made available on JakeDucey.com & https://.jakeducey.mykajabi.com by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”) are maintained for your personal use and information by Free & Happy Inc. and are the property of Free & Happy Inc. and/or its third party providers. You agree that such Free & Happy Inc. Content shall include all proprietary videos, HTML/CSS, Javascript, graphics, voice, and sound recordings, artwork, photos, documents, and text as well as all other materials included in JakeDucey.com & https://.jakeducey.mykajabi.com, excluding only the materials you provide. Subject to your compliance with these Terms of Use, Free & Happy Inc. hereby grants you a limited license, which is non-exclusive, non-transferable, and non-sublicensable, to access, view, and use JakeDucey.com & https://.jakeducey.mykajabi.com solely for your personal purposes. No Free & Happy Inc. Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way unless written permission is expressly granted by Free & Happy Inc.. Modification of the Content or use of the Content for any other purpose is a violation of the copyright and other proprietary rights of Free & Happy Inc., as well as other authors who created the materials, and may be subject to monetary damages and penalties. You may not distribute, modify, transmit or use the content of JakeDucey.com & https://.jakeducey.mykajabi.com or any Content, including any and all software, tools, graphics and/or sound files, for public or commercial purposes without the express written permission of Free & Happy Inc..

2. All Content, such as text, data, graphics files, videos and sound files, and other materials contained in JakeDucey.com & https://.jakeducey.mykajabi.com, are copyrighted unless otherwise noted and are the property of Free & Happy Inc. and/or a supplier to Free & Happy Inc.. No such materials may be used except as provided in these Terms of Use.

3. All trade names, trademarks, and images and biographical information of people used in Free & Happy Inc. Content and contained in JakeDucey.com & https://.jakeducey.mykajabi.com, including without limitation the name and trademark Free & Happy Inc., are either the property of, or used with permission by, Free & Happy Inc.. The use of Content by you is strictly prohibited unless specifically permitted by these Terms of Use. Any unauthorized use of Content may violate the copyright, trademark, and other proprietary rights of Free & Happy Inc. and/or third parties, as well as the laws of privacy and publicity, and other regulations and statutes. Nothing contained in this Agreement or in JakeDucey.com & https://.jakeducey.mykajabi.com shall be construed as granting, by implication or otherwise, any license or right to use any Trademark or other proprietary information without the express written consent of Free & Happy Inc. or third party owner. Free & Happy Inc. respects the copyright, trademark and all other intellectual property rights of others. Free & Happy Inc. has the right, but has no obligation, to remove content and accounts containing materials that it deems, in its sole discretion, to be unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Use. If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on JakeDucey.com & https://.jakeducey.mykajabi.com or in any Content in any way, you may notify Free & Happy Inc. at jd@jakeducey.com. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.

4. While Free & Happy Inc. uses reasonable efforts to include accurate and up-to-date information in JakeDucey.com & https://.jakeducey.mykajabi.com, Free & Happy Inc. makes no warranties or representations as to its accuracy. Free & Happy Inc. assumes no liability or responsibility for any errors or omissions in the content of the Site.

5. When you register with Free & Happy Inc. and/or JakeDucey.com & https://.jakeducey.mykajabi.com, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from Free & Happy Inc.. You consent to receive notices electronically by way of transmitting the notice to you by email.

6. If you send comments or suggestions about JakeDucey.com & https://.jakeducey.mykajabi.com to Free & Happy Inc., including, but not limited to, notes, text, drawings, images, designs or computer programs, such submissions shall become and shall remain, the sole property of Free & Happy Inc.. No submission shall be subject to any obligation of confidence on the part of Free & Happy Inc.. Free & Happy Inc. shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.

7. Free & Happy Inc. shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However no system whether or not password protected can be entirely impenetrable. You acknowledge that it may be possible for an unauthorized third party to access, view, copy, modify, or distribute the data and files you store using JakeDucey.com & https://.jakeducey.mykajabi.com. Use of JakeDucey.com & https://.jakeducey.mykajabi.com is completely at your own risk.

8. Free & Happy Inc. will not intentionally disclose any personally identifying information about you to third parties, except where Free & Happy Inc., in good faith, believes such disclosure is necessary to comply with the law or enforce these Terms of Use. By using JakeDucey.com & https://.jakeducey.mykajabi.com, you signify your acceptance of Free & Happy Inc.’s Privacy Policy, https://jakeducey.mykajabi.com/pages/privacy-policy. If you do not agree with this Privacy Policy, in whole or part, please do not use this Site.

9. NEITHER Free & Happy Inc. NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING JakeDucey.com & https://.jakeducey.mykajabi.com AND/OR ANY CONTENT ON JakeDucey.com & https://.jakeducey.mykajabi.com SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF JakeDucey.com & https://.jakeducey.mykajabi.com. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON JakeDucey.com & https://.jakeducey.mykajabi.com IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. Free & Happy Inc. DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN JakeDucey.com & https://.jakeducey.mykajabi.com, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION. Free & Happy Inc. LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING JakeDucey.com & https://.jakeducey.mykajabi.com OR Free & Happy Inc.’s TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE AND YOUR SKILL. SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, Free & Happy Inc. CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. Free & Happy Inc. DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT JakeDucey.com & https://.jakeducey.mykajabi.com, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON JakeDucey.com & https://.jakeducey.mykajabi.com ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS. Free & Happy Inc. SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.

10. Free & Happy Inc. SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER (including, for example, your web service provider service, Stripe payment services, your software and/or any updates or upgrades to that software). ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER. Free & Happy Inc. RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER Free & Happy Inc. IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. Free & Happy Inc. ALSO RESERVES THE RIGHT TO LIMIT YOUR USE OF JakeDucey.com & https://.jakeducey.mykajabi.com AND/OR THE CONTENT OR TO TERMINATE YOUR ACCOUNT SHOULD Free & Happy Inc. DETERMINE THAT YOU HAVE VIOLATED THESE TERMS OF USE, OR THAT YOU HAVE VIOLATED ANY OTHER RULES OR CONDITIONS OF Free & Happy Inc.. Free & Happy Inc. RESERVES THE RIGHT TO REFUSE ACCESS TO JakeDucey.com & https://.jakeducey.mykajabi.com AND/OR Free & Happy Inc.’s CONTENT, PRODUCTS AND/OR SERVICES TO ANYONE IN ITS SOLE DISCRETION. Free & Happy Inc. RESERVES THE RIGHT TO DETERMINE, IN ITS SOLE DISCRETION, WHETHER Free & Happy Inc. IS RESPONSIBLE FOR ANY SUCH MALFUNCTION OR DISRUPTION. Free & Happy Inc. MAY, IN ITS SOLE DISCRETION, REFUND THE INITIAL FEE CHARGED FOR ANY USE OF JakeDucey.com & https://.jakeducey.mykajabi.com AND/OR ANY CONTENT OR A PRO-RATA PORTION THEREOF CONSISTENT WITH Free & Happy Inc.’s REFUND POLICY. Free & Happy Inc. SHALL REFUSE ANY REFUND THIRTY (30) DAYS AFTER YOUR PAYMENT FOR USE OF JakeDucey.com & https://.jakeducey.mykajabi.com AND/OR ANY CONTENT, EITHER PURSUANT TO Free & Happy Inc.’s CUSTOMER LICENSE AGREEMENT OR OTHERWISE, REGARDLESS OF THE REASON FOR DISRUPTION.

11. IN NO EVENT SHALL Free & Happy Inc. BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN JakeDucey.com & https://.jakeducey.mykajabi.com, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF Free & Happy Inc. HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

12. You agree to indemnify and hold Free & Happy Inc. and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other content of whatever nature or media that you post or share on or through JakeDucey.com & https://.jakeducey.mykajabi.com, (iv) your use of JakeDucey.com & https://.jakeducey.mykajabi.com or any services that Free & Happy Inc. may provide via JakeDucey.com & https://.jakeducey.mykajabi.com, and (v) your conduct in connection with JakeDucey.com & https://.jakeducey.mykajabi.com or the services or with other users of JakeDucey.com & https://.jakeducey.mykajabi.com or the services. Free & Happy Inc. reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide Free & Happy Inc. with such cooperation as is reasonably requested by Free & Happy Inc..

13. The provisions of these Terms of Use are for the benefit of Free & Happy Inc., its subsidiaries, affiliates and its third party content providers and licensors, and each shall have the right to assert and enforce such provisions directly or on its own behalf.

14. This agreement shall be governed by and construed in accordance with the laws of the State of California, without giving effect to any principles of conflicts of law. You further submit to the exclusive jurisdiction of the state and federal courts sitting in Orange County, California. If any provision of this agreement shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions.

15. These Terms of Use may be revised from time to time by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the current Terms of Use to which you are bound.

Last Updated: June 22, 2021

>