Terms & Conditions

Acceptance of Site Terms

By accessing and using our Site, you agree to comply with and accept these Terms. If you do not agree with any part of these Terms, please discontinue the use of our Site immediately.
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Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms, and you waive any right to receive specific notice of each such change.

The United States and Over 18 Use Only

The Site is intended for users who are over the age of 18 residing in the United States. We do not make any representations that this website it appropriate or available for use outside of the United States. If you choose to access the Site from outside of the United States, you do so at your own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.

Privacy

We care about data privacy and security. Please review our Privacy Policy. By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms and Conditions. Please be advised the Site is hosted in the United States.

If you access the Site from the European Union, Asia, or any other region of the world with laws or other requirements governing personal data collection, use, or disclosure that differ from applicable laws in the United States, then through your continued use of the Site, you are transferring your data to the United States, and you expressly consent to have your data transferred to and processed in the United States.

Intellectual Property

The Site, products and services contain intellectual property owned or controlled by us and / or licensed to us by third-parties (“Third-Party Licensed Intellectual Property”), including, without limitation, trademarks, copyrights, proprietary information, designs, patents and other intellectual property rights, as well as the business name, logo, all designs, text, videos, photographs, audio files, digital content, graphics, and software (collectively, the “Content”), and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions, and international conventions. Your use of the Site, the services, and access to any content does not grant or transfer any rights, title, or interest to you in relation to this Site, the services, or the content.
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No Commercial Use
You may not modify, reproduce, distribute, publish, display, perform, transmit, participate in the transfer or sale of, or create derivative works from, or in any way exploit in any format whatsoever the Site, services, or the Content, our Intellectual Property and Third-Party Licensed Intellectual Property in whole or in part without our prior written consent. We reserve the right to immediately remove your access to our Site, products and services, Content, without refund, if you are found to be violating these Terms.

Free or Paid Content
Where you download or purchase our digital products (including checklists, guides, ebooks, workbooks, or video) (”Digital Products”) you are granted a non-exclusive, non-transferable, limited license to access and use the Digital Products for your own personal use. You may not assign or transfer the Digital Products to any other person without our express written consent. We reserve the right, in our sole discretion, to accept or refuse to provide the products and/or services to you at any time for any reason.

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, sell, create derivative works of, enhance, or in any way exploit any of our Intellectual Property in any manner whatsoever except as authorized by us.

Links to Other Websites

Our Site and social media channels may have links to other sites operated by third parties. Unless we expressly tell you otherwise, we do not in any way, endorse, control or approve of and nor are we responsible for the content on those websites.

Creating an Account

To place orders and access some features of the Site, you may have to register an account. This means you’ll have to give us accurate information including your name, your business name, address, a valid email address and telephone number and you must be at least 18 years old. You warrant that any information you provide during the account set-up process is accurate and correct at the time you provide the information and that you’ll update information should there be any changes to the information provided. You agree to keep your password confidential and will be solely responsible for all use of your account and the activity that occurs on your account (including orders placed on your account). We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable. We reserve the right to suspend or cancel your account at any time, at our sole discretion, if you breach any provision of the Terms or applicable law or where your conduct impacts our reputation.

Digital Products

Upon purchase of a downloadable product from this Site, you will receive an email with a link to complete the purchase of your product including, where applicable, a direct download for your product. You agree and accept full responsibility and risk for downloading and using these products. You agree that you will indemnify and hold harmless, Jamie Ayaka LLC and all our related entities and personnel, against liability for any harm or loss caused by the downloading and use of these products.

You agree that it is your responsibility to ensure that you have the appropriate programs and hardware available to access and use the downloadable products and that this is not a reason for which we can offer a refund.

Limited License

Notwithstanding any other provisions in this Agreement, if you purchase any Products or download any of our free Products, we grant you a limited, non-sublicensable, non-transferable, non-exclusive, revocable license (“License”) to use or access the Products for your personal and non-commercial use. You may not reproduce, resell, distribute, create derivative works, translate, transmit, post, republish, exploit, copy or otherwise use our Products for any commercial or non-personal use.

Your License is for individual use. You have no right to assign any of your rights or transfer any of your obligations under this Agreement. If we discover that any violation of the terms and conditions in this Agreement has occurred, including violation of the License granted to you, we reserve the right to terminate your access to the Products and invoice you for any damages.

Refunds for Digital Products

Due to the nature of digital products, any orders we receive and process for digital products available for purchase online have a strict NO REFUND/RETURN/EXCHANGE POLICY. If we send the wrong digital product, we will send you the correct one. If the download link doesn't work, we will provide the digital product directly or via a revised link at no extra cost.

Fees

When you purchase any Product through this website, you are responsible for all applicable fees and taxes. It is your responsibility to provide complete, accurate and up-to-date billing and credit card information. If you are on a payment plan or recurring payment, it is your responsibility to keep an up-to-date payment method with us. If your payment method is declined or expired, you hereby agree to pay all applicable fees and taxes due upon demand. You also agree to pay all costs of collection, including but not limited to attorney’s fees, on any outstanding balance.

Prices and Payment

All prices are in United States Dollars (USD). The prices indicated on the Site may change at any time without advance notice to you. If you've purchased one of our programs, courses, or other products and/or services, the charge will be at the price in effect when your order is validated.

We reserve the right at any time to modify or discontinue the program, course, product and/or service without notice at any time. We shall not be liable to you or to a third-party for any modification, price change, suspension or discontinuance of the program, course, product and/or service.

We may occasionally offer discounted products and services. You can use only one discount code per purchase. We reserve the right to reject or cancel any orders where more than one discount code is applied. Discount codes must be used strictly according to the terms and conditions under which they were issued, which may include eligibility requirements and a maximum order value. Discount codes and vouchers cannot be combined with any other offer or promotion.

We offer the option to pay for products and/or services on our Site by credit card. You agree to make timely and full payments for purchased products and/or services. If you use a credit card, you confirm you have the necessary rights to use it. You authorize us to charge the credit card on file for any payment balances owed and agree to keep your billing information current. If you fail to make a payment or if a payment is declined, we may revoke your access to the products.

User Data

We will maintain certain data that you transmit to the Site for the purpose of managing the Site, as well as data relating to your use of the Site. Although we perform regular routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Site.

You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.

Electronic Communications, Transactions, and Signatures

Visiting the Site, sending us emails, and completing online forms constitute electronic communications. You acknowledge and agree that you will be bound by any affirmation, acceptance, or agreement that is transmitted through this Site, including but not limited to any consent you provide to receive communications from us solely by means of electronic transmission. You further acknowledge and agree that when you click on “I agree”, “I consent”, or other similarly worded click or tick options by electronic means using an electronic device such as your mobile phone, tablet, desktop, laptop or any other computer device capable of allowing you to click or tick, your agreement and/or consent will be legally binding and enforceable and will be deemed to be as effective as if you had written your signature by hand.

You hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature or delivery or retention of non-electronic records, or to payments or the granting of credits by any means other than electronic means.

Portrayal of Information

Our Site may have articles and content that is of a general nature and is not intended to constitute or replace professional advice for individual or specific situations and does not take into account your specific needs or circumstances. The information contained on the Site is not a substitute for obtaining advice specific to your circumstances from a qualified professional.

By referencing any products or services on our Site, including any processes or other information, this does not constitute or imply our endorsement, sponsorship or recommendation of the products or services.

While we do our best to display product or service colors accurately, please note that they may appear different on our Site depending on your device. This discrepancy can occur for reasons beyond our control and may not accurately reflect the actual color.

Prohibited Activities

You may not access or use the Site for any purpose other than that for which we make the Site available. The Site may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.

In addition to any other prohibitions, as a user of the Site you agree not to:

1. use the Site or its content for any unlawful purpose, to solicit others to perform or participate in any unlawful acts, or to violate any international, federal, or state regulations, rules, laws, or local ordinances.
2. systematically retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
3. make any unauthorized use of the Site, including collecting usernames and/or email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user accounts by automated means or under false pretenses.
4. attempt to change, remove, deface, hack or otherwise interfere with this Site or any material or content displaced on the Site.
5. hack into any aspect of the Service; corrupt data; cause annoyance to other users.
6. infringe upon the rights of any other person's proprietary rights.
7. use a buying agent or purchasing agent to make purchases on the Site.
8. use the Site to advertise or offer to sell goods and services or send any unsolicited advertising or promotional material, commonly referred to as “spam”
9. circumvent, disable, or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Site and/or the Content contained therein.
10. engage in unauthorized framing of or linking to the Site.
11. trick, defraud, or mislead us and other users, especially in any attempt to learn sensitive account information such as user passwords;
12. make improper use of our support services or submit false reports of abuse or misconduct.
13. engage in any automated use of the system, such as using scripts to send comments or messages, or using any data mining, robots, or similar data gathering and extraction tools.
14. interfere with, disrupt, or create an undue burden on the Site or the networks or services connected to the Site.
15. attempt to affect the performance or functionality of any computer facilities of or accessed through this Site.
16. attempt to impersonate another user or person or use the username of another user.
17. sell or otherwise transfer your profile.
18. use any information obtained from the Site in order to harass, abuse, or harm another person.
19. use the Site as part of any effort to compete with us or otherwise use the Site and/or the Content for any revenue-generating endeavor or commercial enterprise.
20. decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Site.
21. attempt to bypass any measures of the Site designed to prevent or restrict access to the Site, or any portion of the Site.
22. harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the Site to you.
23. delete the copyright or other proprietary rights notice from any Content.
24. copy or adapt the Site’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
25. upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Site.
26. upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
27. except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
28. disparage, tarnish, or otherwise harm, in our opinion, us and/or the Site.
29. use the Site in a manner inconsistent with any applicable laws or regulations.

Modifications and Interruptions

We reserve the right to change, modify, remove, or discontinue the contents of the Site at any time or for any reason at our sole discretion without notice at any time. We will not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Site. We cannot guarantee the Site will be available at all times. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Site during any downtime or discontinuance of the Site.

Nothing in these Terms will be construed to obligate us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.

Warranties and Disclaimers

This Site is provided on an as-is and as-available basis. You agree that your use of the site an our services will be at your sole risk. To the fullest extent permitted by law, we disclaim all warranties, express or implied, in connection with the site and your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. We make no warranties or representations about the accuracy or completeness of the Site’s content or the content of any websites linked to the site and we will assume no liability or responsibility for any:

1. errors, mistakes, or inaccuracies of content and materials.
2. personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the site.
3. unauthorized access to or use of our secure servers and/or financial information stored therein.
4. interruption or cessation of transmission to or from the site.
5. bugs, viruses, trojan horses, or the like which may be transmitted to or through the site by any third party.
6. errors or omissions in any content and materials for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the site.

We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and we will not be a party to or in any way be responsible for monitoring any transaction between you and any third-party providers of products or services.

As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate.

Limitation of Liability

In no event will we or our directors, employees, or agents be liable to you or any third part for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including but not limited to lost profit, lost revenue, loss of data, business interruption, or other damages arising from your use of the site, even if we have been advised of the possibility of such damages.

Indemnification

You agree to defend, indemnify, and hold us harmless, including our subsidiaries, related entities, affiliates, and all of our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses on a full indemnity basis, made by any third party due to or arising out of:

1. your use of this Site.
2. breach of these Terms.
3. any breach of your representations and warranties set forth in these Terms.
4. your violation of the rights of a third party, including but not limited to intellectual property rights.
5. any overt harmful act toward any other user of the Site with whom you connected via the Site.

Notwithstanding the foregoing, we reserve 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, at your expense, with our defense of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

Assignment

We are permitted to assign, transfer and subcontract our rights and/or obligations under these Terms without any notification or consent required. However, you are not permitted to assign, transfer or subcontract your rights and/or obligations under these Terms.

Governing Law

These Terms and your use of the Site are governed by, construed in accordance with, and interpreted under the laws of the State of South Carolina, without regard to its conflict of law principles.

Corrections

There may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to the Site, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.

Entire Agreement

These Terms, the Privacy Policy, and Disclaimer contain the entire agreement between you and the Company with respect to the subject matter hereof and thereof and supersede all prior agreements and undertakings, both written and oral, with respect thereto.

Breach and Termination

The agreement constituted between us by your use of the Site may be terminated (a) where you breach any provision of these Terms; or (b) at any time by us without notice, in which case all disclaimers and limitations of liability will survive termination, and you will no longer be authorized to access the Site.

Severability

If any term or other provision of these Terms are held by a court of competent jurisdiction to be invalid, prohibited, or unenforceable under applicable law, the other provisions of these Terms will remain in full force and effect.

California Users and Residents

If any complaint with us is not satisfactorily resolved, you can contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834 or by telephone at (800) 952-5210 or (916) 445-1254.

Digital Millennium Copyright Act (DMCA) Notice and Policy

Notifications
We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify our Designated Copyright Agent using the contact information provided below (a “Notification”).

A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

All Notifications should meet the requirements of DMCA 17 U.S.C. § 512(c)(3) and include the following information:

1. a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on the Site are covered by the Notification, a representative list of such works on the Site;
3. identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
4. information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an email address at which the complaining party may be contacted;
5. a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law;
6. 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 upon.

Counter Notification
If you believe your own copyrighted material has been removed from the Site as a result of a mistake or misidentification, you may submit a written counter notification to us here (a “Counter Notification”).

To be an effective Counter Notification under the DMCA, your Counter Notification must include substantially the following:

1. identification of the material that has been removed or disabled and the location at which the material appeared before it was removed or disabled;
2. a statement that you consent to the jurisdiction of the Federal District Court in which your address is located, or if your address is outside the United States, for any judicial district in which we are located;
3. a statement that you will accept service of process from the party that filed the Notification or the party’s agent;
4. your name, address, and telephone number;
5. a statement under penalty of perjury that you have a good faith belief that the material in question was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled;
6. (6) your physical or electronic signature.

If you send us a valid, written Counter Notification meeting the requirements described above, we will restore your removed or disabled material, unless we first receive notice from the party filing the Notification informing us that such party has filed a court action to restrain you from engaging in infringing activity related to the material in question.

Please note that if you materially misrepresent that the disabled or removed content was removed by mistake or misidentification, you may be liable for damages, including costs and attorney’s fees. Filing a false Counter Notification constitutes perjury.

Copyright Infringements

We respect the intellectual property rights of others. If you believe that any material available on or through the Site infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification.

Please be advised that pursuant to federal law you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the Site infringes your copyright, you should consider first contacting an attorney.

Miscellaneous

These Terms and any policies or operating rules posted by us on the Site constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.

These Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control.

If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.

There is no joint venture, partnership, employment or agency relationship created between you and us as a result of these Terms or use of the Site. You agree that these Terms and Conditions will not be construed against us by virtue of having drafted them.

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

Contact Us

If you have any questions or wish to receive further information regarding your use of this site, please contact us at jamieayaka.com/hello.