Welcome to Jake In Motion LLC. If you continue to browse and use this website, www.jakeinmotion.com, or enroll in a Jake In Motion course, you agree to comply with and be bound by the terms and conditions in this agreement. This agreement governs our relationship with you regarding this website and Jake In Motion courses. It includes our terms, warranties, limited liability, disclaimer and privacy policies, and other conditions ("Agreement"). By using this website or registering for a course, you agree that the exclusions, limitations of liability and all terms set out in this Agreement are reasonable. Please read the entire document.
IF YOU DO NOT THINK THE TERMS ARE REASONABLE, YOU MAY NOT USE THIS WEBSITE OR ENROLL IN A COURSE.
Jake In Motion LLC is a Colorado company, with registered offices at 1942 Broadway Street, STE 314C, Boulder, CO, 80302. It is referred to in this agreement as "Jake In Motion," "us" or "we." The term "you" refers to the user or viewer of this website and to the individual who participates in Jake In Motion courses.
The content of the pages of this website is for your general information and use only. It is subject to change without notice.
NEITHER WE NOR ANY THIRD PARTIES PROVIDE ANY WARRANTY OR GUARANTEE OF ACCURACY, TIMELINESS, PERFORMANCE, COMPLETENESS OR SUITABILITY OF INFORMATION, INSTRUCTION AND MATERIALS FOUND OR OFFERED ON THIS WEBSITE OR IN JAKE IN MOTION COURSES FOR ANY PARTICULAR PURPOSE. YOU ACKNOWLEDGE THAT INFORMATION AND MATERIALS MAY CONTAIN INACCURACIES OR ERRORS, AND WE EXPRESSLY EXCLUDE LIABILITY FOR ANY INACCURACIES OR ERRORS TO THE FULLEST EXTENT PERMITTED BY LAW.
JAKE IN MOTION MAKES NO GUARANTEES OR CLAIMS OF EARNINGS WHATSOEVER. Your use of information or materials on this website and contained in course materials is entirely at your own risk, for which we are not liable. You are responsible for ensuring that any products, services, or information available through this website and Jake In Motion courses meet your specific requirements.
This website and Jake In Motion courses contain material that is owned by or licensed to us. This material includes but is not limited to, content, methods, design, layout, look, appearance, and graphics. Reproduction is prohibited unless specific written permission is granted. Unauthorized use of this website may give rise to a claim for damages and may be a criminal offense.
This website and course materials may also include links to other website(s). These links are provided for your convenience to provide further information. They do not signify that we endorse the website(s). We have no responsibility for the content of the linked website(s). Your use of this website and enrollment in any Jake In Motion course and any dispute arising out of your use or enrollment is subject to the laws of the State of Colorado and, if the issue is governed only by federal law, by the laws of the United States.
This website is owned and operated by Jake In Motion.
Scope and Purpose of this Agreement
This Agreement is a contract, and it governs your use of this website. It also governs enrollment in Jake In Motion courses, which may also be subject to additional contract terms; in the event of a conflict, the terms of this agreement govern. Disagreement with any part of this Agreement prohibits you from using the website or enrolling in a course. Jake In Motion reserves the right to modify these terms at any time. We recommend that you check for changes each time before you use the services and content of www.jakeinmotion.com. You are governed by this Agreement, including any changes, whether or not you have reviewed them, so please take the time to review them.
Refund, Deferment, and Transfer
COURSE REFUND POLICY
Jake In Motion offers a generous refund policy for its courses. If you are enrolled in any Jake In Motion course, you may receive a refund simply by sending us an email within 30 days from the date of purchase.
By requesting and accepting a refund for a course, you understand that you are fully withdrawn from the course and will lose access to all Jake In Motion materials and materials made available by and submitted to Jake In Motion, including but not limited to, all course lessons and assets, project files, assignments, critiques, and communities.
If you would like to request a refund, please e-mail us at [email protected]
INTERNAL TRANSFER POLICY
If you enroll in a course and discover that it isn't for you, you may request to transfer to another Jake In Motion course with an equal or lesser registration fee in lieu of requesting a refund. Transfers must be requested within 30 days of the date of purchase of a course.
All requests for transfers are evaluated individually and approved or declined at Jake In Motion's sole discretion.
If you are within the 30-day window from the date of your purchase and you'd like to request a transfer, please e-mail us at [email protected]
EXTERNAL TRANSFER AND ACCOUNT ACCESS POLICY
Your student account is registered solely to you, the individual human being who participates in Jake In Motion courses. It is not transferable. This means you may not share, transfer, or otherwise give access to your account with anyone else--this includes co-workers, employers, employees, friends, family, and colleagues.
These restrictions apply to any course or other content purchased through your student account.
Limited Liability and Indemnification
IN NO EVENT ARE JAKE IN MOTION ITS OWNERS, OFFICERS, EMPLOYEES OR CONTRACTORS LIABLE FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, OR ANY OTHER DAMAGES TO PERSON OR PROPERTY WHATSOEVER, INCLUDING, WITHOUT LIMITATION, MEDICAL, LOST WAGES, DAMAGES RESULTING FROM LOSS OF PROFIT, LOSS OF CONTRACTS, LOSS OF REPUTATION, GOODWILL, DATA, INFORMATION, INCOME, ANTICIPATED SAVINGS OR BUSINESS RELATIONSHIPS, WHETHER OR NOT JAKE IN MOTION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE, ARISING OUT OF OR IN CONNECTION WITH THE USE OF A JAKE IN MOTION PRODUCT OR THIS WEBSITE, EXCEPT FOR PERSONAL INJURY OR DEATH OF A PERSON CAUSED BY THE NEGLIGENCE OF JAKE IN MOTION OR A DEFECTIVE PRODUCT.
IN ANY EVENT, TO THE FULLEST EXTENT PERMITTED BY LAW, AND NOTWITHSTANDING ANY OTHER PROVISION OF THIS AGREEMENT, THE TOTAL LIABILITY OF JAKE IN MOTION, ITS OWNERS, OFFICERS, EMPLOYEES AND CONTRACTORS FOR ANY AND ALL CLAIMS, LOSSES, COSTS OR DAMAGES, INCLUDING ATTORNEYS' FEES AND COSTS SHALL NOT EXCEED THE TOTAL AMOUNT OF THE COURSE PURCHASE PRICE.
Nothing in this Agreement limits or excludes liability for anything for which it would be unlawful for Jake In Motion to limit or exclude.
You agree to defend, indemnify, and hold harmless Jake In Motion, its owners, officers, and employees from all claims and expenses, including attorneys' fees, arising from the use of information on this website or Jake In Motion's courses and online services.
If we have a disagreement or dispute that we are unable to resolve between us, we both agree to continue to try to resolve our dispute in good faith. In this case, the person with the unresolved issue will provide the other a "Notice of Dispute." This Notice of Dispute will include a statement that outlines the cause of the grievance.
Within 20 days of receipt of the Notice of Dispute, we will meet at a mutually agreed upon time and place, electronically or in person, to work, in good faith, to resolve the dispute. Additional meetings shall take place as necessary and as mutually agreed upon.
Neither one of us can begin formal proceedings until we have concluded, in good faith, that a reasonable and mutually acceptable resolution is unlikely within 60 days. Requests for injunctive and other equitable relief are exempted from this requirement.
If we are unable to resolve the dispute within a reasonable period not exceeding 60 days of receipt of Notice of Dispute, we will submit the dispute for non-binding mediation by a single mediator who is competent in the issues involved. Mediation will take place in accordance with Colorado statutes, utilizing rules and procedures in place at the time of the dispute. All costs associated with mediation are paid equally between us.
Website and Course Content:
Warranty, Accuracy, and Use
How you use this website, participate in courses, and rely on information is up to you and at your own risk.
ALL COURSE MATERIALS, THIS WEBSITE AND ANY ASSOCIATED DOCUMENTS, RECORDINGS OR OPT-INS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
We publish the information on this website in good faith and for general information purposes. Although we make a reasonable effort to maintain the resources of the website, they will, from time to time, become out of date, be incorrect, erroneous, or otherwise inappropriate. We do not make any warranties about the completeness, reliability, and accuracy of this information.
BY USING THIS WEBSITE OR PARTICIPATING IN COURSES, YOU WAIVE AND FORFEIT ALL CLAIMS, PAST, PRESENT, AND FUTURE, AGAINST JAKE IN MOTION, ITS OWNERS, OFFICERS AND EMPLOYEES.
External Links – Limiting Liability for Links to Other Websites
We may include links that provide direct access to other internet resources, including websites. We are not responsible for the contents or reliability of any of those resources or websites, and we do not, expressly or otherwise, endorse the views or content expressed within those websites. Jake In Motion has not investigated the claims made by any advertiser. Product information is based solely on material received from those suppliers.
The Actions and Opinions of Other Users
You must not use this website in any way that is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent, or harmful purpose or activity. Some content found on the pages of Jake In Motion within www.jakeinmotion.com and its subdirectories may be created by members of the public. The views expressed are theirs and unless specifically stated are not those of Jake In Motion. We accept no responsibility for any loss or harm incurred from the use of this website or any of its information or content.
Viruses, Damage and Availability
Jake In Motion makes no warranty or claim that functions available on this website or its courses will be uninterrupted or error-free, that defects will be corrected, or that the server that makes it available, nor the content itself is or will be free of viruses, bugs, or other malicious code. You acknowledge that it is your responsibility to implement sufficient procedures and virus checks (including anti-virus and other security checks) to satisfy your particular requirements for the accuracy of data input and output, and for the security of yourself and the device used by you to view any content from this website.
Digital Millennium Copyright Act
- Jake In Motion respects the intellectual property of others and expects the users of its website to do the same.
If you believe the copyright in your work has been violated through this website, please contact Jake In Motion with the information listed below, pursuant to the Digital Millennium Copyright Act of 1998 (DMCA), which Jake In Motion may then forward to the alleged infringer:
- identify the material on the website that you believe infringes your work, with enough detail so that we may locate it on the website;
- provide your address, telephone number, and email address;
- provide a statement that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
- provide a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; and
- provide your physical or electronic signature.
Upon receiving your complaint, Jake In Motion may remove content that you believe infringes your copyright.
Jake In Motion may analyze and optimize your content and browsing experience using cookies. A cookie is a piece of data stored on your hard drive to help us improve your access to our website and identify repeat visitors to our website. Cookies can also enable us to track and target your interests to enhance your experience on our website. Usage of a cookie is not linked to any personally identifiable information on our website.
You can accept or decline cookies. Most web browsers automatically accept cookies, but you can usually modify your browser settings to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience any interactive features of Jake In Motion's services or the websites you visit.
Do not track
Do Not Track is a technology and policy proposal that enables users to opt out of tracking by websites. Your browser setting may allow you to automatically transmit a "do not track" signal to websites and online services you visit. There is no consensus among industry participants as to what "do not track" means in this context. Like many websites and online services, we do not alter our practices when we receive a "do not track" signal from a visitor's browser. To find out more about "do not track," please visit www.allaboutdnt.com.
Internet Traffic Data
Internet traffic data includes but is not limited to internet service provider information, collection of IP addresses, entry and exit pages, various operating systems, and other such information. We collect no personally identifying information through this process. The information is used to help analyze user traffic related to various services available through Jake In Motion and to allow for a more customized and enjoyable user experience.
When you use this website and access services, products, and materials, Jake In Motion collects some information to make this possible. This information is only collected if you personally provide it to Jake In Motion via e-mail, by phone, or otherwise through our website by making a purchase or requesting service. We do not knowingly collect personal information from minors.
Our SSL Certificate authenticates our identity to visiting browsers and encrypts information for the server via Secure Sockets Layer (SSL) technology. Encryption is the process of scrambling data into an undecipherable format that can only be returned to a readable format with the proper decryption key. A certificate serves as an electronic "passport" that establishes an online entity's credentials when doing business on the Web. When an Internet user attempts to send confidential information to a Web server, their browser will access the digital certificate of our server and establish a secure connection. Click on the key or padlock in your browser (typically found in the upper left-hand corner) to view our authentication.
Security of Information - No Guarantees
Jake In Motion recognizes the importance of safeguarding the confidentiality of your personal information and employs reasonable measures designed to protect your information from unauthorized access, disclosure, and use. However, no data transmission over the Internet or other networks is guaranteed to be 100% secure. As a result, while we strive to protect information transmitted on or through the site or services, we cannot and do not guarantee the security of any information you transmit on or through the site or services, and you do so at your own risk.
Processing in The United States
Your personal information and communications may be transferred to and maintained on servers or databases located outside your state, province, or country. If you are located outside of the United States, please be advised that we process and store all information in the United States. The laws in the United States may not be as protective of your privacy as those in your location. By using our site or services, you agree that the collection, use, transfer, and disclosure of your personal information and communications will be governed by the applicable laws in the United States.
Testimonials and Reviews
We love to hear from you! Jake In Motion may display your personal testimonial or customer review received via email or otherwise received from you. You give Jake In Motion specific consent to use the personal testimonial or review. If you would like Jake In Motion to remove your testimonial or review at any time, please simply contact us at [email protected], and we will promptly do so.
Information Collection, Use, and Sharing
COLLECTION OF PERSONALLY IDENTIFIABLE INFORMATION
Jake In Motion is the sole owner of the information collected on this website. We only have access to personally identifiable information that you voluntarily give us via email or by other direct contact with you. Personally identifiable information may include your name, e-mail address, mailing address, or telephone number. We do not sell or rent this information with any other individual or business entity and will use it only as is reasonably necessary to provide products, materials, or services to you.
We will disclose your personal information, without notice, only if required to do so by law or in the good faith belief that it is necessary to: (a) conform to mandates of the law or comply with legal process served on Jake In Motion; (b) protect and defend the rights or property of Jake In Motion; and, (c) act under exigent circumstances to protect the personal safety of uses of www.jakeinmotion.com or the public.
Your Access to and Control of Information
You may opt out of future contacts from us or request that we discontinue sending emails and other communications at any time by contacting us at [email protected].
Registration for Email List
You may complete a registration form to use this website or portions of it and, as part of that process, be required to give certain information (such as name and email address). This information is used to contact you about the products or services on our website in which you have expressed interest.
Right to Remove or Reproduce any User-Generated Material
"User-generated material" means any information, content, or any other media uploaded, posted, emailed, submitted, or otherwise communicated to Jake In Motion via any method at any page on www.jakeinmotion.com or any other content communication or submission medium or forum and in connection with enrollment in any Jake In Motion course.
By sharing any contribution or user-generated content (including any text, photographs, graphics, video, audio, or any other type of media or content) with us directly or via www.jakeinmotion.com, you grant us, free of charge, permission to use the material in any way we see fit (including the modification, reproduction, repurposing, marketing, or deletion of it). You hereby confirm that your contribution is your own original work, is not defamatory, and does not infringe upon any laws of the state or country from which you are utilizing this website, nor the laws of The United States of America, and that you have the full rights to accept this condition.
All content (including visitor and user-generated content) submitted either via email, comment forms, or any other page hosted at www.jakeinmotion.com, via its courses or its content aggregation systems becomes the property of Jake In Motion.
Jurisdiction and Governing Law
Your use of www.jakeinmotion.com is governed by the laws of the State of Colorado. You hereby agree to submit to the exclusive jurisdiction of Arapahoe County in the State of Colorado and the Federal Judicial District for the District of Colorado court system by use of this website.
If any provision of this Agreement is found to be, unenforceable under the law, it doesn't affect the rest of the Agreement, which will stay in effect and fully enforceable.
This Agreement is subject to change without notice. All changes and updates will be posted on this page. The last update is effective as of November 14, 2023.
If you have questions or believe that Jake In Motion has not adhered to this Agreement, contact Jake In Motion directly at [email protected]. We will use commercially reasonable efforts to promptly determine and remedy the problem.