Terms Of Service

In this Agreement “you” and “your” refer to our customers, prospective customers, and users of our web site, “we”, “us” and “our” refer to Jackie O’ Creative (hereinafter “JOC and JO’ Creative”) and “Service” refers to the services provided by us. Any and all use of our services is subject to this Agreement, which may be updated by us from time to time without prior notice to our customers. Any change of terms shall be binding and effective upon posting of the revised Agreement on our web site. In addition to this Agreement, specific services or information contained within this web site may be subject to additional posted terms or guidelines applicable to such services. All such terms or guidelines are hereby incorporated by reference into this Agreement.

By using JO’ Creative website (the “Site”) or any JO’ Creative forms, contracts, agreements, Misc plug-ins, applications or application plug-ins (“Applications”), you agree to follow and be bound by these Terms of Services (the “Terms of Services”) and agree to comply with all applicable laws and regulations, including United States export and re-export control laws and regulations.

It is your responsibility to review these Terms of Services periodically. If at any time you find these Terms of Services unacceptable or if you do not agree to these Terms of Services, please do not use this Site or any forms, contracts, agreements, plug-ins or Applications. If you have any questions about these Terms of Services, please Contact Us.

YOU AGREE THAT BY USING THE SITE OR ANY SERVICES PROVIDED BY JO’ CREATIVE YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.

These Terms require the use of arbitration on an individual basis to resolve disputes, rather than jury trials or class actions, and also limit the remedies available to you in the event of a dispute.

Please also refer to JO’ Creative’ specific package details, Satisfaction Guarantee, and Privacy Policy, both of which is incorporated herein by reference.

General Terms
Jackie O’ Creative’ Services

JO’ Creative provides consulting services to give visitors a general understanding of business concepts and to provide a solution to individuals who are seeking help with an existing business or to form a new business. The Site includes general information on commonly encountered issues pertaining to business. Jackie O’ Creative services can also include a review of your current business model for consistency within your business to promote operational excellence. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. JO’ Creative is not a law firm and do not perform the services of an attorney. (Offering legal input about business/companies etc) JO’ Creative, its services, and its forms, contracts, agreements or templates are not a substitute for the advice or services of an attorney.

JO’ Creative endeavors to keep all of its documents accurate, current and up-to-date. However, because the law changes rapidly, JO’ Creative cannot guarantee that all of the information on the Site or Forms, Contracts, Agreements, plug-ins and Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind JO’ Creative provides can fit every circumstance. Furthermore, the legal information contained on the Site, sitewide and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney/professional in your area.

From time to time, JO’ Creative may perform certain services and introduce our visitors to attorneys or other vendors through various methods, including but not limited to (i) third-party directory listings or (ii) third-party limited scope agreements. At no time is an any-customer relationship fostered or created with JO’ Creative through the performance of any such services.
This Site and it’s services offered are not intended to create any exclusive-customer relationship, and your use of JO’ Creative does not and will not create an exclusive-customer relationship between you and JO’ Creative . Instead, you are and will be representing yourself in any matter you undertake through JO’ Creative’ services.

Intellectual Property

This web site contains proprietary material that is or may be protected by United States Copyright Law, Trademark Law, trade secret law, and by international treaty provisions.

All rights not granted to you herein are expressly reserved by JO’ Creative. No portion of the materials obtained from or through this web site may be reprinted, republished, redistributed, reproduced, retransmitted or otherwise transferred in any form except for your private or internal business use without our prior express written permission.

JO’ Creative, JO’ Creative logo and other product and service names are our service marks. Without our prior permission, you agree not to display or use them in any manner.

No Resale of Service

You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes, any portion of our Service(s).

Modification and/or Termination of Service

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, our services (or any part thereof) with or without notice.

You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services.

Ownership

This Site and and all of its contents (including Jackie Overstreet.com) are owned and operated by JO’ Creative, LLC. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images are owned by JO’ Creative. Except as otherwise expressly provided by JO’ Creative, none of the materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any applications shall be construed to confer any license under any of JO’ Creative’ intellectual property rights, whether by estoppel, implication or otherwise. JO’ Creative does not sell, license, lease or otherwise provide any of the materials other than those specifically identified as being provided by JO’ Creative. Any rights not expressly granted herein are reserved by JO’ Creative.

Privacy Policy

JO’ Creative respects your privacy and permits you to control the treatment of your personal information.

When you access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested, through our forms and otherwise through communication with JO’ Creative. When using the Site you will also be asked to provide a some personal information. You are entirely responsible for maintaining the confidentiality of your personal information. You may not use another persons information at any time. You agree to notify JO’ Creative immediately of any unauthorized use of your information. JO’ Creative shall not be liable for any losses you incur as a result of someone else’s use of your information, either with or without your knowledge. You may be held liable for any losses incurred by JO’ Creative, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your information.

In connection with the use of certain JO’ Creative products or services, you may be asked to provide personal information in a questionnaire, application, form or similar document, service, or means. This information will be protected pursuant to our Privacy Policy. In addition, you grant JO’ Creative a worldwide, royalty-free, nonexclusive, and fully sublicensable license to use, distribute, reproduce, modify, publish and translate this personal information solely for the purpose of enabling your use of the applicable service and to provide you with information concerning other corollary services. You may revoke this license and terminate rights held by JO’ Creative at any time by removing your personal information from the applicable service. (This can be done in writing)

Email Opt In Notice

When you submit your email address through our web site or provide it to an agent of JO’ Creative over the phone you agree that JO’ Creative may use the email address provided to contact you concerning existing products and services ordered and/or discussed and may further use the email for direct marketing of similar products or services. If you choose to opt out of receiving said communications simply email JO’ Creative at hello@jackieocreative.com expressing your desire to opt out from our lists or simply click the “unsubscribe” button, of any, in any email communications you may receive.

Disclaimer

Our web site, including any content or information contained within or provided through it, is provided “as is” with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.

You assume total responsibility and risk for your use of this web site and the information received through it. Further, we make no representations whatsoever about other websites which you may access through our website. Note, this disclaimer does not apply to North Carolina consumers.

Use of JO’ Creative’ Forms

On our Site, through our Applications and otherwise, we offer self-help “PDF & fill in the blank” forms. If you use a form on our Site, the terms and conditions of these Terms of Service control. You understand that your use of a form document is neither legal advice nor the practice of law, and that each form and any applicable instructions or guidance is not customized to your particular needs by JO’ Creative.

License to Use

JO’ Creative grants you a limited, personal, non-exclusive, non-transferable license to use our forms for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the forms in any manner, except for modifications in filling out the forms for your authorized use. You shall not remove any copyright notice from any form.

Your Warranty and Indemnification

You represent and warrant to us that your use of the materials contained within this web site will at all times comply with all applicable laws, rules, regulations, and this Agreement. You hereby agree to indemnify, defend and hold harmless our company and our officers, directors, employees, affiliates and subsidiaries from and against any and all claims, proceedings, damages, injuries, liabilities, losses, costs and expenses (including, but not limited to, legal costs and expenses and attorneys’ fees) arising out of or relating to any breach by you of the foregoing representations, warranties and covenants. You shall cooperate as fully as reasonably required in the defense of any claim. We reserve the right, at our sole cost and expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you and you shall not in any event settle any matter without our prior written consent.

Limitation Of Liability and Indemnification

EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD JO’ CREATIVE AND ITS OFFICERS, MEMBERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF JO’ CREATIVE HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF JO’ CREATIVE, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. THIS PARAGRAPH DOES NOT APPLY TO NORTH CAROLINA CONSUMERS.

Disclaimer of Warranties

THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, EXPRESSLY DISCLAIMS ALL JO’ CREATIVE WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.

JO’ CREATIVE MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.

OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. JO’ CREATIVE SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM MERELY ACCESSING THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.

NOTWITHSTANDING THE ABOVE, JO’ CREATIVE OFFERS A SATISFACTION GUARANTEE, THE TERMS OF WHICH ARE AVAILABLE HERE. THIS DISCLAIMER OF WARRANTY DOES NOT APPLY TO THE PURCHASE OF PRODUCTS OR SERVICES BY NORTH CAROLINA CONSUMERS.

Right to Refuse

You acknowledge that JO’ Creative reserves the right to refuse service to anyone and to cancel user access stop services at any time.

Termination

We may terminate this Agreement and your license to use its web site and services at any time and for any reason.

Cancellation and Completion of Services

You acknowledge that payment for services is required contemporaneous to the services being performed. The scope of the services performed under our packages is more fully set forth in the respective packages as described on-line on JO’ Creative’ web site and as purchased and confirmed through the web site and other confirming correspondence.

JO’ Creative’ services are performed at or about the scheduled time (appointment set) they are ordered. You acknowledge that once the services are performed, despite the outcome of said services, the monies paid for the services to JO’ Creative have been earned. In the case of our subscription package service'(s), you acknowledge that fees are earned for these packages as of the date the work has been completed. In the event JO’ Creative performs services sufficient to complete other services but said services cannot be fully completed due to the action or inaction of the customer or other actor Customer agrees that JO’ Creative has earned the fees for the package ordered and that NO refund is to be given. Additional fees may then apply should the customer wish to move forward with the service past the initial appointment date. (Client must reschedule and pay full fee again)

You acknowledge and agree that once an order is placed with JO’ Creative you may only cancel the same for up to 12 hours after the order has been made subject to the limitations above.

Additional services (Add On’s) are offered when purchasing packages. In regard to other/Add On services, you acknowledge that the monies paid for services to JO’ Creative have been earned under these arrangements as of the date performing of work sufficient to complete the package purchased.

Governing Law

This Agreement shall be construed, interpreted and governed by the laws of the State of Arizona without regard to conflicts of law provisions thereof. The exclusive forum for any dispute arising out of or relating to this Agreement shall be the United States District Court for ARIZONA, U.S.A. or appropriate state court sitting in MARICOPA County, ARIZONA, U.S.A. If any part of this Agreement is found invalid or unenforceable by a court of competent jurisdiction, the remainder of this Agreement shall be interpreted so as to reasonably effect the intention of the parties.

Accuracy of Information

You acknowledge that the information submitted through our website will be used in the creation of documents and for services purchased etc…. Accordingly, it is imperative that the information provided through our website be truthful and accurate.

You acknowledge that once your forms have been submitted you have 1 day to notify JO’ Creative of any typographical or information errors that appear in the submission. JO’ Creative hereby disclaims responsibility for inaccuracies in submissions not brought to our attention within this period.

You acknowledge that willful false statements and the like may jeopardize the validity of forms submitted. (Uploaded)

Third-Party Acts and Omissions

You acknowledge that JO’ Creative is not responsible for any acts or omissions of third-parties which may hinder or delay services etc… (e.g., U.S. Copyright Office, U.S. Patent and Trademark Office, U.S. Postal Service, and/or state agencies, Third party agencies, JO’ Creative Affiliates).

Outsourcing

JO’ Creative reserves the right to outsource certain specific tasks to personnel outside of the company to provide more efficient, effective, and cost-effective services for our customers. You acknowledge and consent that by engaging JO’ Creative for the specific services provided under our packages available on our web site that some of these services may be provided by outsourced personnel as outlined herein.

Waiver

No Waiver by either us or you of any breach or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default hereunder.

Privacy Policy
Introduction & Scope

This policy relates solely to the online information collection and use practices of JO’ Creative, LLC (“Jackie O’ Creative”) located at www.jackieocreative.com (“Web Site”). We recognize that many visitors and users of this Web Site are concerned about the information they provide to us and how we treat that information. This Privacy Policy, which may be updated from time to time, has been developed to address those concerns.

Your use of this Web Site indicates to us that you have read and accept our privacy practices, as outlined in this Privacy Policy. If you have any questions or concerns regarding this Privacy Statement, please Contact Us.

What Information About Your Do We Collect?

When you visit our Web Site, you may provide us with two types of information: (1) personally identifiable information that you knowingly choose to disclose, which is collected on an individual basis, and (2) general user information that does not contain personally identifiable information, which is collected on an aggregate basis as you browse the Web Site. In some cases, if you choose not to provide us with requested information, you may not be able to access all of our Web Site’s content or services.

Personally Identifiable Information

We may ask for certain personal information from you for the purpose of providing to you content and/or services that you request. For example, if you indicate an interest in receiving materials, or if you want to utilize a specific service, you may be asked to submit your name, institution, city, country and e-mail address. We also request your name and e-mail address and other contact details each time you contact us by clicking on the Get Started and/or Contact Us link. We may retain a record of users who have contacted us in order to respond properly to questions or concerns and for purposes of future communications.

Non-personally Identifiable Information We Collect

Similar to other commercial Web sites, our Web Site may utilize standard technology called “cookies” and Web server logs to collect information about how our Web Site is used. Cookies are a feature of Web browser software that allows Web servers to recognize the computer used to access a Web site. Cookies are small pieces of data that are stored by a user’s Web browser on the user’s hard drive. Information gathered through cookies and Web server logs may include the date and time of visits, the pages viewed, time spent at our Web Site, and the Web sites visited just before and just after our Web Site This information is collected on an aggregate basis. None of this information is associated with you as an individual.

You can, of course, disable cookies on your computer by indicating this in the preferences or options menus in your browser. However, it is possible that some parts of our Web Site will not operate correctly if you disable cookies. You should consult with your browser’s provider/manufacturer if you have any questions regarding disabling cookies.

Privacy protections for children using the Internet Protecting children’s privacy is important to us. For that reason, we do not collect or maintain information on our Web Site from those we actually know are under the age of 18, nor is any part of our Web Site targeted to attract anyone under 18. We request that all visitors to our Web Site who are under 18 not disclose or provide any personally identifiable information. If we discover that a child under 18 has provided us with personally identifiable information, we will delete that child’s personally identifiable information from our records.

How Do We Use and Share the Information We Collect?

We hold your contact details and email address in our customer database. We use those details to keep you informed about our company, our products and our services or to provide you with the content or information you have requested. We share this information with our affiliated companies and partners. If any of your details are incorrect, if you no longer wish to receive emails or marketing materials from us or you do not want us to share your details with our affiliates and partners, please let us know by sending an email to hello@jackieocreative.com.

We use non-identifying information collected on our Web Site in the aggregate to better understand your use of the Web Site and to enhance your enjoyment and experience. For example, we may use the information to improve the design and content of our Web Site or to analyze the programs and services that we offer.

Additional Disclosure of Your Information

We may provide access to your personally identifiable information when legally required to do so, to cooperate with police investigations or other legal proceedings, to protect against misuse or unauthorized use of our Web Site(s), to limit our legal liability and protect our rights, or to protect the rights and safety of visitors to our Web Site(s) or the public. In those instances, the information is provided only for that limited purpose.

We may employ other companies and individuals to perform functions on our behalf. Our agents and contractors who have access to your personally identifiable information are required to protect the information in a similar manner that is consistent with this privacy statement.

We will not share your personally identifiable information in ways unrelated to those described above without providing you with an opportunity to opt out of such use or otherwise prohibit such unrelated uses.

How Do You Access and/or Modify Your Information or Choices

If you visit our Web Site and volunteer personally identifiable information, you may modify, update or delete such information at any time or update your preferences regarding what information you want to receive from us by emailing us at: hello@jackieocreative.com. When supplying personal information using one of the online forms on the Web Site, you have the option to opt out from receiving marketing and promotional material relating to our products and services. However, please be aware that your ability to opt out from receiving marketing and promotional materials does not change our right to contact you regarding your use of our Web Site or subscriptions you may have ordered either for trial or purchase.

Consent to Transfer

This Web Site is operated in the United States. If you are located outside of United States please be aware that any information you provide to us will be transferred to United States. By using our Web Site, participating in any of our services and/or providing us with your information, you consent to this transfer. The information you provide may also be transferred to other parts of the Jackie O’ Creative, our affiliates or partners outside of United States in order to provide the information or service you have requested. All reasonable care will be taken to ensure data security and adherence to these privacy practices.

Links

This Web Site may contain links to third party sites as well as to other sites owned and/or operated by Jackie O’ Creative. Please be aware that Jackie O’ Creative is not responsible for the privacy practices of any third party sites. Please also be aware that the privacy policies of other Jackie O’ Creative sites may differ significantly from the privacy policy of this Web Site. Therefore, we encourage our users to read the privacy policy of each and every Web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by this Web Site.

How to Contact Us

For further details on any items associated with this policy or this Web Site, please Contact Us.

Changes to the Policy

From time to time, we may change our privacy policies. If we make a change, it will not affect the choices you have made about any information you gave us before that change. Any changes will be reflected in our Privacy Policy.

Privacy Complaints

We are committed to working with you to resolve, quickly and fairly, any complaints you may have about privacy. If you have any questions or comments, please Contact Us by email at: hello@jackieocreative.com.

Data Security

We take reasonable steps to maintain the security of the personally identifiable information that we collect, including limiting the number of people who have physical access to our database servers, as well as installing electronic security systems that guard against unauthorized access. However, no data transmission over the Internet can be guaranteed to be completely secure. Accordingly, we cannot ensure or warrant the security of any information that you transmit to us, so you do so at your own risk.

Identification

This Web Site is controlled and maintained by:

Jackie O’ Creative, LLC
United States

Satisfaction Guarantee
Our Satisfaction Guarantee, our consumer satisfaction process, is incorporated into this General Service Agreement by reference.

The Company guarantees it will use its best efforts in researching, completing, and delivering the services purchased.

Additionally, Jackie O’ Creative reserves the right to terminate or refuse services for any reason.

By accepting this terms of service, you hereby grant Jackie O’ Creative the authority to act on your behalf to provide the services purchased and/or quotes requested.

Jackie O’ Creative makes no warranties that he services provided to your business cannot be challenged by potential third parties known or unknown.

As a result, you acknowledge that Jackie O’ Creative cannot be held responsible for errors or omissions for any reason as a result of a third-party vendor.

Acknowledgement
BY USING JACKIE O’ CREATIVE’ SERVICES OR ACCESSING THE JACKIE O’ CREATIVE SITE YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE AND AGREE TO BE BOUND BY THEM. JACKIE O’ CREATIVE, LLC is located in Arizona.

Last Updated August 12, 2019