Terms of Service

Welcome to www.jennifer-nelson-artists.com. This website is owned and operated by Jennifer Nelson Artists, Inc. (“JNA”). The terms “we”, “us”, “our” and “JNA” refer to Jennifer Nelson Artists, Inc. These Terms of Service provide the guidelines for using the website, including all information, tools and services available from this site (collectively, the “Services”), whether you are a user or purchaser of our Services, or just browsing the site. By accessing the site, or using or purchasing the Services, you agree to these Terms of Service. The Terms of Service are a legally binding contract between you and JNA.

Certain areas of the Services may ask you to provide information in order to participate. The decision to provide this information is optional; however, if you elect not to provide such information, you may not be able to access certain content or features of the Services.

Mailing List.

By joining our mailing list or subscribing to our newsletters, you agree to receive marketing or promotional materials and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or instructions provided in any email we send.

General Terms and Conditions.

To access or use the Services, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service.

You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services or any contact on the website through which the Services are provided, without express written permission by us. The audio or visual recording of any service provided by us, including Advice for Artists Roundtable or One-on-One Consulting sessions and related conversations, interviews, and phone calls in which you participate is strictly prohibited.

Services; Purchases.

JNA offers small group roundtables and one-on-one consultations for artists. At no time will JNA connect you with the agency's clients or share agency secrets.

All of the financial transactions for our Services are handled through Stripe. We do not store or process your financial, credit card and account information on our servers. Therefore, please refer to Stripes’s privacy policies for more details concerning the protection of your information while using its services (https://stripe.com/us/privacy#security-and-retention).

Availability, Errors and Inaccuracies.

We are constantly updating product and service information on the website. We may experience delays in updating information on the site and in any advertising on other web sites. The information found on the site may contain errors or inaccuracies and may not be complete or current.

We therefore reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.

We are not responsible if information made available on this site that is not accurate, complete or current. The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

You agree to review the Terms of Service periodically so that you are aware of any modifications. Your continued use of the Services after any modifications indicates your acceptance of the modified Terms of Service.

Our Intellectual Property.

The Services and their original content, features and functionality are and will remain the exclusive property of JNA and its licensors. The Services are protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and intellectual property may not be used in connection with any product or service without the prior written consent of JNA.

Links to Other Websites.

Our Site may contain links to third party websites or services that are not owned or controlled by JNA.

We have no control over, and assume no responsibility for the content, privacy policies, or practices of any third-party service providers, third-party advertisements, third-party websites or services. We do not warrant the offerings of any of these entities/individuals, their advertisements or their websites.

You acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such third-party advertising, websites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party websites or services that you visit.

User Comments, Feedback and Other Submissions.

If, at our request, you send certain specific submissions (for example survey responses or testimonials) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, “Comments”), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any Comments that you forward to us. We are and shall be under no obligation (1) to maintain any Comments in confidence; (2) to pay compensation for any Comments; or (3) to respond to any Comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your Comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your Comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Services or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any Comments. You are solely responsible for any Comments you make and their accuracy. We take no responsibility and assume no liability for any Comments posted by you or any third-party.

Personal Information.

Your submission of personal information through the Services is governed by our Privacy Policy.

Disclaimer; Limitation of Liability.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations; or that the results that may be obtained from the use of the Services will be accurate or reliable; or that any errors in the Services will be corrected. Your use of the Services shall be at your sole risk. To the fullest extent permitted by the law, JNA disclaims all warranties, express or implied, in connection with the Services and your use thereof. All of the information and advice provided by JNA in connection with the Services is based on JNA’s experience as an art agent. By using or purchasing the Services, you recognize and acknowledge that JNA is not an attorney and is not providing legal advice.

JNA makes no warranties or representations about the accuracy or completeness of the site’s content, or the content of any websites linked to this site and assumes no liability or responsibility for any (1) errors, mistakes, or inaccuracies in content; (2 loss of profits, data, use, goodwill, loss of program registration or other fees, or other intangible losses, resulting from your access to or use of or inability to access or use the Services; (3) any unauthorized access to or use of JNA’s secure servers and/or any and all transmissions or content stored therein; (4) any interruption or cessation of transmission to or from the site; (5) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the site by any third party; and/ or (6) any errors or omissions in any content or any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Services. You assume all risk as to the quality, function, and performance of the Services, and to all transactions you undertake with respect to the Services, including without limitation submission of any user content.

All of the information contained herein is subject to change without notice, and users are advised to confirm all information about an organization and obtain references before making any commitments.

Indemnity.

You agree to indemnify, defend, and hold harmless, JNA, and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, from any claim or demand, including reasonable attorneys’ fee, made by any third party arising out of or relating to (i) your access to or use of the Services, (ii) your violation of the Terms of Service, (iii) any products or services purchased or obtained by you in connection with the Services, or (iv) the infringement by you, or any third party using your account, of any intellectual property or other right of any person or entity. JNA reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us and you agree to cooperate with our defense of these claims. You agree not to settle any such matter without the prior written consent of JNA. JNA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Severability.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

Termination.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

Governing Law.

These Terms of Service and any separate agreements whereby we provide you Services shall be governed by and construed in accordance with the laws of the Commonwealth of Massachusetts.

Contact Information.

Questions about the Terms of Service should be sent to us at hello@jennifer-nelson-artists.com.