Terms and Conditions of Use

Updated January 28, 2024

Well With Jessica/Creating Wellth/Jessica Villalobos (the “Company”) maintains the Website located at ​https://www.wellwithjessica.com, https://www.creatingwellth.com, and any sub-domains of this site (e.g. ​portal.wellwithjessica.com) (the "Website"). By using the Website, you accept and agree to be bound by all of the following Terms ​and Conditions. This agreement applies as between you, the User of this Website and Well With Jessica/Creating Wellth/Jessica ​Villalobos, the owner(s) of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed ​to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using ​the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual ​offer and Our acceptance of that offer is deemed to occur upon Our sending a confirmation email to you indicating that your order ​has been accepted.

1. Definitions and Interpretation

In this Agreement the following terms shall have the following meanings: "Account": means collectively the personal information, ​Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website;

"Content": means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of ​being stored in a computer that appears on or forms part of this Website; "Facilities": means collectively any online facilities, tools, ​services or information that Well With Jessica/Creating Wellth/Jessica Villalobos makes available through the Website either now ​or in the future; "Services": means the services available to you through this Website, specifically use of any digital or downloadable ​resources, online course, one-on-one or group coaching, membership, class, program, workshop, or training, participate in any

challenges or events (live and/or virtually), or enter any online private forums operated by Well With Jessica/Creating ​Wellth/Jessica Villalobos (for any purpose), whether on a website hosted by Well With Jessica/Creating Wellth/Jessica Villalobos, ​including https://www.wellwithjessica.com, https://www.creatingwellth.com, and any sub-domains of this site

(e.g. portal.wellwithjessica.com) or a third-party website such as an e-learning or online course or platform or Facebook.com

"Payment Information": means any details required for the purchase of Services from this Website. This includes, but is not limited ​to, credit / debit card numbers, bank account numbers and sort codes; "Premises": Means Our place(s) of business located in the ​State of California, U.S.A.; "System": means any online communications infrastructure that Well With Jessica/Creating ​Wellth/Jessica Villalobos makes available through the Website either now or in the future. This includes, but is not limited to, web-​based email, message boards, live chat facilities and email links; "User" / "Users": means any third party that accesses the Website ​and is not employed by Well With Jessica/Creating Wellth/Jessica Villalobos and acting in the course of their employment;

"Website": means the website that you are currently using (www.wellwithjessica.com, www.creatingwellth.com) and any sub-​domains of this site (e.g. portal.wellwithjessica.com) unless expressly excluded by their own terms and conditions; and

"We/Us/Our": means Well With Jessica/Creating Wellth/Jessica Villalobos, a company located in the State of California, U.S.A.

2. Age Restrictions

Persons under the age of 18 should use this Website only with the supervision of an Adult. Payment Information must be provided ​by or with the permission of an Adult.

3. Business Customers

These Terms and Conditions also apply to customers procuring Services in the course of business.

4. Ownership of Content

As between you and the Company, Company owns, solely and exclusively, all right, title and interest in and to the Website and all ​content including audio, photographs, illustrations, graphics, video, software, data and materials thereon (collectively, the

“Content”), the look and feel of the Website, the compilation of the Content on the Website, and any intellectual property rights ​therein. Your use of the Website does not grant you ownership of any Content you may access on these Website. You may ​download the Content displayed on the Website for your non-commercial use only. You may not remove or alter any intellectual ​property legends or notices contained on the Content. You may not distribute, modify, transmit, reuse, repost, or make derivative ​works using any of the Content for commercial purposes.

5. Submission of Content

Users who provide content to Company for the Website are granting Company a nonexclusive, perpetual, worldwide, irrevocable ​license to use such content. In most cases, Company will only use this content on its Website, but Company reserves the right to ​use this content in other ways, such as using it to make derivative works which may be commercially exploited by the Company. ​You agree that Company may use your content or these purposes without making any payments to you. If you are not willing to ​grant Company these rights, please do not contribute content to our Website. Please make sure that any content you contribute ​does not infringe on the intellectual property rights of any third party. For example, if you upload a drawing or a photo, please make ​sure that you are the creator of the work. Do not contribute content to which you don’t own the rights. Please also remember to ​exercise good judgment when contributing written material or other content. In the Company blog, for example, the Company ​prohibits comments that are offensive or objectionable to others, that use inappropriate language, or that are off topic. We reserve ​the right to edit or delete user comments or content in a manner consistent with our mission and policies. Please do not insert your ​own or a third party's advertising, branding or other promotional content into any of your comments or content. Company is not ​responsible for any of the user generated comments or content that appear on our Website.

6. Intellectual Property and Trademarks

The trademarks, logos, service marks and trade names (collectively the "Trademarks") displayed on the Website or on Content are ​registered or unregistered Trademarks of the Company and others and may not be used unless authorized by the trademark ​owner. Nothing contained on the Website should be construed as granting any license or right to use any Trademark without our ​written permission or that of the trademark owner. Your misuse of any Trademark is strictly prohibited.

6.1 Subject to the exceptions in Clause 7 of these Terms and Conditions, all Content included on the Website, unless uploaded by ​Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, ​underlying code and software is the property of the Company, our affiliates or other relevant third parties. By continuing to use the ​Website you acknowledge that such material is protected by applicable U.S.A. and International intellectual property and other ​laws.

6.2 Subject to Clause 8 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website ​unless otherwise indicated on the Website or unless given Our express written permission to do so.

7. Third Party Intellectual Property

7.1 Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in ​product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

7.2 Subject to Clause 8 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise ​indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

8. Fair Use of Intellectual Property

Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the ​Copyright Designs and Patents Act 1988 apply.

9. Links to Other Websites

This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of the Company or that ​of Our affiliates. The Company has not

reviewed any of these websites and is not responsible for the content of these websites and disclaim liability for any and all forms ​of loss or damage arising out of the use of them. The Company provides these links as a convenience only, and a link does not ​imply endorsement of, sponsorship of, or affiliation with the sites themselves or of those in control of them.

10. Links to this Website

Those wishing to place a link to this Website on other sites may do so only to the home page of the site www.wellwithjessica.com / ​www.creatingwellth.com, without Our prior permission. Deep linking (i.e. links to specific pages within the site including ​subdomains) requires Our express written permission. To find out more please contact Us by email at info@wellwithjessica.com.

11. Use of Communications Facilities

11.1 When using any System on the Website you should do so in accordance with the following rules. Failure to comply with these ​rules may result in your Account being suspended or closed:

11.1.1 You must not use obscene or vulgar language;

11.1.2 You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is ​abusive, threatening, harassing, defamatory, ageist, sexist or racist;

11.1.3 You must not submit Content that is intended to promote or incite violence;

11.1.4 It is advised that submissions are made using the English language as We may be unable to respond to enquiries submitted in ​any other languages;

11.1.5 The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

11.1.6 You must not impersonate other people, particularly employees and representatives of the Company or Our affiliates; and

11.1.7 You must not use Our System for unauthorized mass-communication such as "spam" or "junk mail".

11.2 You acknowledge that the Company reserves the right to monitor any and all communications made to Us or using Our ​System.

11.3 You acknowledge that the Company may retain copies of any and all communications made to Us or using Our System.

11.4 You acknowledge that any information you send to Us through Our System may be modified by Us in any way and you hereby ​waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon Our use of ​such information must be communicated to Us in advance and We reserve the right to reject such terms and associated ​information.

12. Accounts

12.1 In order to procure Services on this Website and to use certain other parts of the System, you are required to create an ​Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website ​as We may not require payment information until you wish to make a purchase. By continuing to use this Website you represent ​and warrant that:

12.1.1 all information you submit is accurate and truthful;

12.1.2 you have permission to submit Payment Information where permission may be required; and

12.1.3 you will keep this information accurate and up-to-date. Your creation of an Account is further affirmation of your ​representation and warranty.

12.2 It is recommended that you do not share your Account details, particularly your username and password. We accept no ​liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it ​is recommended that you do not save your Account details in your internet browser.

12.3 If you have reason to believe that your Account details have been obtained by another person without consent, you should ​contact Us immediately to suspend your Account .

12.4 When choosing your username you are required to adhere to the terms set out above in Clause 11. Any failure to do so could ​result in the suspension and/or deletion of your Account.

13. Termination and Cancellation of Accounts

Either the Company or you may terminate your access. Company may terminate or suspend your access to all or part of the ​Website, without notice, in its sole discretion. Such termination or suspension may occur for any conduct that Company believes is ​a violation of these Terms and Conditions, is in violation of any applicable law, or is harmful to the interests of Company and its ​users.

14. Services, Pricing and Availability

14.1 Whilst every effort has been made to ensure that all general descriptions of Services available from the Company correspond ​to the actual Services that will be provided to you, We are not responsible for any variations from these descriptions as the exact ​nature of the Services may vary depending on your individual requirements and circumstances. This does not exclude Our liability ​for mistakes due to negligence on Our part and refers only to variations of the correct Services, not different Services altogether. ​Please refer to sub-Clause 15.8 for incorrect Services.

14.2 Where appropriate, you may be required to select the required Plan of Services.

14.3 We neither represent nor warrant that such Services will be available at all times and cannot necessarily confirm availability ​until confirming your Order. Availability indications are not provided on the Website.

14.4 All pricing information on the Website is correct at the time of going online. We reserve the right to change prices and alter or ​remove any special offers from time to time and as necessary.

14.5 In the event that prices are changed during the period between an order being placed for Services and Us processing that ​order and taking payment, then the price that was valid at the time of the order shall be used.

15. Orders and Provision of Services

15.1 No part of this Website constitutes a contractual offer capable of acceptance. Your order constitutes a contractual offer that ​We may, at Our sole discretion, accept. Our acceptance is indicated by Us sending to you an order confirmation email. Only once ​We have sent you an order confirmation email will there be a binding contract between the Company and you.

15.2 Order confirmations under sub-Clause 15.1 will be sent to you before the Services begin and shall contain the following ​information:

15.2.1 Confirmation of the Services ordered;

15.2.2 Pricing for the Services ordered including, where appropriate, taxes, delivery and other additional charges;

15.2.3 If applicable, relevant times and dates for the provision of the Services;

15.2.4 Relevant information for accessing those services, including User credentials, if applicable.

15.3 If We, for any reason, do not accept your order, no payment shall be taken under normal circumstances.

15.4 Payment for the Services shall be taken via your chosen payment method, immediately for any setup fee that corresponds to ​the service plan you purchased and at the same day of each subsequent month (“billing cycle”) for charges accrued during the ​previous month (“billing cycle”) AND/OR as indicated in the order confirmation you received.

15.5 We aim to fulfill your Order within 2-3 working days or if not, within a reasonable period following your Order, unless there are ​exceptional circumstances. If we cannot fulfill your Order within a reasonable period, we will inform you at the time you place the ​Order by a note on the relevant web page or by contacting you directly after you place your Order. Time is not of the essence of ​the Contract, which means we will aim to fulfill your Order within any agreed timescales but this is not an essential term of the ​Contract and we will not be liable to you if we do not do so.

15.6 The Company shall use all Our reasonable endeavors to provide the Services with reasonable skill and care, commensurate ​with best trade practice.

15.7 In the event that Services are provided that are not in conformity with your order and thus incorrect, you should contact Us ​immediately to inform Us of the mistake. We will ensure that any necessary corrections are made.Additional terms and conditions ​may apply to the provision of certain Services. You will be asked to read and confirm your acceptance of any such terms and ​conditions when completing your Order.

15.8 The Company provides technical support via our online support and/or email. The Company makes every effort possible to ​respond in a timely manner but we do not guarantee a particular response time.

16. Order Acceptance and Shipment

Your placement of an order for any goods or services that we may offer on this Website does not necessarily mean that we will ​accept your order. We may require additional information regarding your order if you have not provided all of the information ​required by us to complete it. Once a properly completed order is received and authorization of your form of payment is received, ​we will promptly deliver your product. While Company will use commercially reasonable efforts to process orders placed on the

Website within the time specified when the order is placed, we do not guarantee that orders will be processed, or received, by a ​particular date.

17. Availability of Products

All products and services available on or through the Site, including, but not limited to, prices of such products and services, are ​subject to change at any time without notice. In addition, any product or service may be discontinued at any time in our sole ​discretion. It is your responsibility to ascertain and obey all applicable local, state, federal and international laws (including ​minimum age requirements) with regard to the purchase or use of any service or product from this Web Site.

18. Accuracy of Product Information

From time to time there may be information on the Website that contains typographical errors, inaccuracies, or omissions that may ​relate to product descriptions, pricing, and availability. Without limiting its rights provided elsewhere in these Terms and Conditions, ​the Company reserves the right to correct any errors, inaccuracies, or omissions and to change or update information at any time ​without prior notice (including after you have submitted your order).

19. Cancellation of Services and Refunds

We want you to be completely satisfied with the Services you order from Us. If you need to speak to us about your Order, then ​please contact us by email at info@wellwithjessica.com.

Due to the digital nature of our Services and the extensive time, effort, preparation, and care that goes into creating and providing ​the Services, the Company has a no refund policy and does NOT provide a refund for Services. Unless otherwise provided by law, ​you acknowledge that we do not offer refunds for any portion of your payment for any of our Services, and no refunds will be ​provided to you at any time, unless, Company, in its sole right and absolute discretion, offers you recourse. By using and/or ​purchasing our Services, you understand and agree that all sales are final, and no refunds will be provided.

Since we have a clear and explicit Refund Policy in these Terms and Conditions that you have agreed to prior to completing the ​purchase of Services, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card ​company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your ​purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any ​chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The ​information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers ​wishing to be removed from the database shall make the payment for the amount of the chargeback.

20. Privacy

Information provided by users to the Company is governed by the Company’s privacy policy. Use of the Website is also governed ​by Our Privacy Policy which is incorporated into these Terms and Conditions by this reference. To view the Privacy Policy, please ​visit the link here (www.wellwithjessica.com/privacy). By using the Website, you signify your acceptance of this Privacy Policy.

21. How We Use Your Personal Information (Data Protection)

21.1 All personal information that We may collect (including, but not limited to, your name and address) will be collected, used and ​held in accordance with the provisions of the Data Protection Act 1998 and your rights under that Act.

21.2 We may use your personal information to:

21.2.1 Provide Our Services to you;

21.2.2 Process your payment for the Services; and

21.2.3 Inform you of new products and services available from Us. You may request that We stop sending you this information at ​any time.

21.3 In certain circumstances (if, for example, you wish to purchase Services on credit), and with your consent, We may pass your ​personal information on to credit reference agencies. These agencies are also bound by the Data Protection Act 1998 and should

use and hold your personal information accordingly.

21.4 We will not pass on your personal information to any other third parties without first obtaining your express permission.

22. Disclaimers

22.1 We make no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that ​it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it ​will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our ​Service or Services.

22.2 No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when ​making any decisions or taking any action of any kind.

22.3 No part of this Website is intended to constitute a contractual offer capable of acceptance.

22.4 Whilst We use reasonable endeavors to ensure that the Website is secure and free of errors, viruses and other malware, you ​are strongly advised to take responsibility for your own internet security, that of your personal details and your computers.

All Content and other materials on the Website are provided "as is" without a warranty of any kind, either express or implied, ​including the implied warranties of merchantability, fitness for a particular use, and/or non-infringement. The Company assumes ​no responsibility for damage to your computer or other property resulting from your use of the Website. You understand and agree ​that any downloading or obtaining of Content and other materials through the Website is done at your own risk. In addition, we ​disclaim any and all responsibility or liability for the accuracy, reliability, and legality of Content and other materials found on the ​Website.

IN NO EVENT SHALL COMPANY OR ANY OF ITS EMPLOYEES, AGENTS, OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, ​INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM, OR DIRECTLY OR ​INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE OR THE CONTENT.

ALL PRODUCTS AND SERVICES PURCHASED ON OR THROUGH THIS SITE ARE SUBJECT ONLY TO ANY APPLICABLE

WARRANTIES OF THEIR RESPECTIVE MANUFACTURES, DISTRIBUTORS AND SUPPLIERS, IF ANY. TO THE FULLEST EXTENT ​PERMISSIBLE BY APPLICABLE LAW, COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR ​IMPLIED, INCLUDING, ANY WARRANTIES WITH RESPECT TO THE PRODUCTS AND SERVICES PURCHASED ON OR THROUGH ​THIS SITE.

IN THE EVENT OF ANY PROBLEM WITH THE PRODUCTS OR SERVICES THAT YOU HAVE PURCHASED ON OR THROUGH THIS ​SITE, YOU AGREE THAT YOUR SOLE REMEDY, IF ANY, IS FROM THE MANUFACTURER OR SUPPLIER OF SUCH PRODUCTS OR ​SERVICES, IN ACCORDANCE WITH SUCH MANUFACTURER'S OR SUPPLIER'S WARRANTY, OR TO SEEK A RETURN AND REFUND ​FOR SUCH PRODUCT OR SERVICES IN ACCORDANCE WITH THE RETURNS AND REFUNDS POLICIES POSTED ON THIS SITE.

COMPANY MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND, EXPRESS OR IMPLIED: (I) AS TO THE OPERATION OF ​THE SITE, OR THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED THEREON; (II) THAT THE SITE WILL BE ​UNINTERRUPTED OR ERROR-FREE; (III) AS TO THE ACCURACY, RELIABILITY, OR CURRENCY OF ANY INFORMATION, CONTENT, ​SERVICE, OR PRODUCTS PROVIDED THROUGH THE SITE; OR (IV) THAT THE SITE OR E-MAIL SENT FROM OR ON BEHALF OF THE ​SITE ARE FREE OF VIRUSES OR MALWARE. IN NO EVENT SHALL COMPANY OR ANY OF ITS EMPLOYEES, AGENTS, OR ​REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE ​DAMAGES ARISING FROM, OR DIRECTLY OR INDIRECTLY RELATED TO, THE USE OF, OR THE INABILITY TO USE, THE WEBSITE, ​THE CONTENT OR PRODUCTS SOLD THROUGH THIS WEBSITE.

23. Changes to the Facilities and these Terms and Conditions

Company may at any time revise the Website, its Content or these Terms and Conditions by updating this posting and changing the ​effective date indicated above. You will be bound by any changes to the Terms and Conditions from the first time you use the ​Website following the changes and should therefore periodically visit this page to review the then current Terms and Conditions to ​which you are bound. If We are required to make any changes to these Terms and Conditions by law, these changes will apply ​automatically to any orders currently pending in addition to any orders placed by you in the future.

24. Availability of the Website

24.1 The Website is provided “as is” and on an “as available” basis. The Company uses industry best practices to provide a high ​uptime, including a fault-tolerant architecture hosted in cloud servers. We give no warranty that the Website or Facilities will be ​free of defects and / or faults and we do not provide any kind of refund for outages. We provide no warranties (express or implied) ​of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

24.2 We accept no liability for any disruption or non-availability of the Website resulting from external causes including, but not ​limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war ​or legal restrictions and censorship.

25. Limitation of Liability

25.1 To the maximum extent permitted by law, We accept no liability for any direct or indirect loss or damage, foreseeable or ​otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any ​information contained therein. You should be aware that you use the Website and its Content at your own risk.

25.2 Nothing in these Terms and Conditions excludes or restricts.

25.3 Nothing in these Terms and Conditions excludes or restricts the Company's liability for any direct or indirect loss or damage ​arising out of the incorrect provision of Services or out of reliance on incorrect information included on the Website.

25.4 In the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed ​severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and ​Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

26. Indemnity

You agree to defend, indemnify and hold Company and its officers, employees, independent contractors and agents harmless ​from any and all claims, liabilities, costs and expenses, including reasonable attorneys' fees, arising in any way from your use of the ​Website, your placement or transmission of any content or other materials through the Website, or your breach or violation of the

law or of these Terms and Conditions. The Company reserves the right, at its own expense, to assume the exclusive defense and ​control of any matter otherwise subject to indemnification by you, and in such case, you agree to cooperate with Company’s ​defense of such claim.

27. No Waiver

In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be ​construed as a waiver of that right or remedy.

28. Previous Terms and Conditions

In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and ​Conditions shall prevail unless it is expressly stated otherwise.

29. Third Party Rights

Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and ​Conditions is between you and the Company.

30. Communications

30.1 All notices / communications shall be given to Us by email to info@wellwithjessica.com. Such notice will be deemed received ​within 24 business hours of the day of sending if the email is received in full on a business day, and on the next business day if the ​email is sent on a weekend or holiday.

30.2 By using the Website, you agree to receive electronic communications from the Company, whether addressed to the e-mail ​address associated with your account or

posted on the Website. We may from time to time, if you opt to receive it, send you information about Our products and/or

services. If you do not wish to receive such information, please click on the ‘Unsubscribe’ link in any email which you receive from Us.

31. Governing Law and Jurisdiction

Any legal action brought against the Company shall be governed by the laws of the State of California, U.S.A. without regard to its conflicts-of-law rules. Any claim asserted against the Company shall be heard and determined in the federal or state courts located in the State of California, U.S.A. Users of the Website agree not to commence any litigation relating to the use of any of the Website, except in courts located in the State of California, U.S.A.