Terms of Service
Services: No refunds on services rendered. Consulting packages expire 6 months from the time of purchase. All consulting must be used by that date or the consulting time will be forfeited.
Services Offered: Jo Ann Toporski offers a variety of services including but not limited to programs, workshops, special events, consulting and training. When you enroll to obtain a Service from the Company, you accept the specific terms and conditions applicable to that Service in accordance with any applicable Agreement. Except as provided in the Agreement, Company does not warrant that any service description or content contained in this Site is accurate, current, reliable, complete, or error-free.
Product Descriptions: We attempt to describe the items available on the Web Site as accurately as possible. Jo Ann Toporski does not warrant that product descriptions are accurate, complete, reliable, current, or error-free. If a product described on the Web Site is not as described when you receive it, your sole remedy is to return it to us in unused and undamaged condition in accordance with our Return Policy, which is described below.
Order Acceptance and Shipment: Your placement of an order does not necessarily assure 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 locate the product(s) you have ordered to place them in line for shipment. If, for some reason, we determine that we cannot ship your product within thirty (30) days following our receipt of a properly completed order, we will cancel your order and advise you of such action.
Pricing Errors and Omissions: Please be aware that prices, availability and other purchase terms are subject to change without prior notice. We make every effort to insure the accuracy of the information on our site and when errors are discovered, we will correct them. Be advised that Jo Ann Toporski reserves the right to revoke any stated offer to correct any errors, inaccuracies, or omissions including after an order has been submitted, after it has been confirmed, or after your credit card has been charged. If we discover an error after your credit card has been charged and your order is canceled as a result of the error, your credit card will be refunded the full amount of your order. You will be notified via email if your order has been canceled.
Electronic Communications: The information communicated on the Web Site constitutes an electronic communication. When you communicate with us through the Web Site or via other forms of electronic media, such as e-mail, you are communicating with us electronically. You agree that we may communicate electronically and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.
Compliance With Laws: You agree to comply with all applicable local laws regarding your use of the Web Site, including, without limitation, laws regarding import/export of technical data by virtue of your online transmission.
User Conduct: You understand and agree that all text, graphics, software, music, sound, photographs, videos, messages, posts, data, information, or other materials (“Content”) are the sole responsibility of the person with whom the Content originated. Thus, you are responsible for all Content that you disseminate or transmit through or by means of the Web Site.
You agree that you will not use the Web Site in any way to:
(1) post, disseminate, or transmit any Content that is unlawful, harassing, defamatory, abusive, threatening, obscene, harmful, tortuous, libelous, or invasive of another’s privacy;
(2) post, disseminate, or transmit any Content that infringes or violates any party’s copyright, trademark, trade secret, patent, or other proprietary right, including, but not limited to, using third-party copyrighted materials without appropriate permission, using third-party trademarks without appropriate permission or attribution, and using or distributing third-party information (whether or not protected as a trade secret) in violation of a duty of confidentiality;
(3) post, disseminate, or transmit any worms, viruses, or other harmful, disruptive, or destructive files, code, or programs;
(4) post, disseminate, or transmit any unauthorized advertising, promotional materials, chain letters, spam, junk mail, or any other type of unsolicited mass e-mail to people or entities that have not agreed to be part of such mailings;
(5) impersonate any person or entity; falsely state or otherwise misrepresent your affiliation with any person or entity; intentionally omit, delete, forge, or misrepresent transmission information, including headers, return mailing, and Internet protocol addresses; or otherwise manipulate identifiers to disguise the origin of any Content transmitted through the Web Site;
(6) post, disseminate, or transmit any Content you do not have the right to post, disseminate, or transmit;
(7) disrupt the normal flow of dialogue or otherwise act in a manner that negatively affects other users’ ability to engage in real-time exchanges;
(8) interfere with, disrupt, or harm in any way the Web Site or servers or networks connected to the Web Site;
(9) electronically stalk or otherwise harass another user;
(10) collect or store personal data about other users;
(11) engage in any activities that would violate the personal privacy rights of others, including but not limited to collecting and distributing information about other users without their permission, except as permitted by applicable law;
(12) use the Web Site for any illegal purpose, in violation of any applicable laws or regulations or in violation of the rules of any other Web site’s providers, Web sites, chat rooms, or the like; or
(13) intentionally or unintentionally violate any applicable local, state, national, or international law or any regulations having the force of law.
Protection of Intellectual Rights and License: You acknowledge that content available through the Web Site, including, without limitation, content in the form of text, graphics, software, music, sound, photographs, and videos, and content provided by suppliers, sponsors, or third-party advertisers (“Intellectual Property Rights”), is protected by copyrights, trademarks, patents, or other proprietary rights and laws. Except as expressly authorized by Jo Ann Toporski herein, you agree not to copy, modify, rent, lease, loan, sell, assign, distribute, license, reverse engineer, or create derivative works based on the Web Site or any content (including, without limitation, any software) available through the Web Site.
User Content and Correspondence: You acknowledge that Jo Ann Toporski does not generally prescreen Content, but that Jo Ann Toporski and its designees will have the right (but not the obligation) in their sole discretion to edit, refuse, remove, or move any Content that is available via the Web Site. Jo Ann Toporski reserves the right in its sole discretion to refuse access to the site to any user for any reason, including without limitation, any reason that violates the Agreement. Without limiting the foregoing, Jo Ann Toporski and its designees will have the right to remove any Content that violates the Agreement or that Jo Ann Toporski considers, in its sole discretion, objectionable, whether for legal or for other reasons. You understand that the technical processing and transmission of the Web Site, including your Content, may involve transmissions over various networks and require changes to conform and adapt to technical requirements of connecting networks or devices.
By posting Content to the Web Site or by transmitting Content using the Web Site, you (1) represent and warrant to Jo Ann Toporski that you have all necessary permission to post or transmit Content; and (2) grant to Jo Ann Toporski a worldwide, nonexclusive, perpetual, fully sub-licensable, royalty-free right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such Content (in whole or part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed.
Bulletin boards and chat rooms contain the opinions and views of other users. Jo Ann Toporski is not responsible for the accuracy of any messages on this site and you should always consult a physician or other qualified healthcare provider before relying on any information you find on this site. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content.
Any comments, materials, or letters sent by you to Jo Ann Toporski regarding the Web Site, including, without limitation, questions, comments, suggestions, criticisms, or the like (“Received Materials”) shall be deemed to be nonconfidential and free of any claims of proprietary or personal rights unless you explicitly state in the correspondence that the letter (i) is “not for publication” and (ii) contains “private and proprietary” information that may not be distributed. Jo Ann Toporski will have no obligation of any kind with respect to Received Materials that you do not restrict, and Jo Ann Toporski will be free to reproduce, use, disclose, exhibit, display, transform, edit, abridge, create derivative works from, and/or distribute Received Materials that you do not restrict. Furthermore, Jo Ann Toporski is free to use any ideas, concepts, know-how, or techniques contained in any communication you send to Jo Ann Toporski, whether you restrict its distribution or not, for any purpose whatsoever, including, but not limited to, developing, manufacturing, and marketing products using such information, without compensation or any other obligations to anyone, including yourself.
Storage of Content: You agree that Jo Ann Toporski may establish, in its sole discretion and without prior notice to you, a maximum amount of storage space for Content maintained, disseminated, or transmitted through the Web Site. You agree that Jo Ann Toporski has no responsibility or liability for the deletion of or failure to store any messages, communications, or other Content maintained, disseminated, or transmitted through the Web Site.
Your Contact With Advertisers or Other Third Parties: Your dealings with advertisers or other third parties found on or through the Web Site are solely between you and the third party. These dealings include, but are not limited to, your participation in promotions, the payment for and delivery of items if any, and any terms, conditions, warranties, or representations associated with such dealings. Jo Ann Toporski does not make any representations or warranties with respect to any items or services that may be obtained from such third parties, and you agree that Jo Ann Toporski will have no liability with respect to any loss or damage of any kind incurred as a result of any dealings between you and any third party, or as a result of the presence of such third parties on the Web Site.
Links to Other Web sites: The Web Site, or third parties on the Web Site, may provide links to other sites and/or resources, including advertisers, over which Jo Ann Toporski has no control. These links are provided solely as a convenience to users and should not be construed as an endorsement by Jo Ann Toporski of content, items, or services on those third-party Web sites. You access and use such sites, including the content, items, or services on those sites, solely at your own risk. Jo Ann Toporski makes no representations or warranties with respect to the Content, ownership, or legality of any such linked Web sites. You agree that Jo Ann Toporski has no responsibility or liability for the availability of such external sites or resources, or for the Content, advertising, products, or other materials available through such sites or resources.
Linking to Jo Ann Toporski.: You are granted a limited, revocable, and nonexclusive right to create a hyperlink to the home page of joanntoporski.com so long as the link does not portray Jo Ann Toporski, its affiliates, or their items or services in a false, misleading, or offensive matter. You may not use any Jo Ann Toporski logo or graphic or trademark as part of the link without the express written permission of Jo Ann Toporski.
Information Disclaimer: THE INFORMATION (INCLUDING, WITHOUT LIMITATION, ADVICE AND RECOMMENDATIONS) AND SERVICES ON THE WEB SITE ARE INTENDED SOLELY AS A GENERAL EDUCATIONAL AID AND ARE NEITHER LEGAL ADVICE NOR CAN I REPRESENT THE SOCIAL MEDIA SITES THAT ARE MENTIONED IN THIS CONTENT. YOUR USE OF THE SITE IS SUBJECT TO THE ADDITIONAL DISCLAIMERS AND CAVEATS THAT MAY APPEAR THROUGHOUT THE WEB SITE. JO ANN TOPORSKI AND ITS AGENTS ASSUME NO RESPONSIBILITY FOR ANY CONSEQUENCE RELATING DIRECTLY OR INDIRECTLY TO ANY ACTION OR INACTION YOU TAKE BASED ON THE INFORMATION, SERVICES, OR OTHER MATERIAL ON THE WEB SITE. WHILE JO ANN TOPORSKI STRIVES TO KEEP THE INFORMATION ON THE WEB SITE ACCURATE, COMPLETE, AND UP-TO-DATE, JO ANN TOPORSKI AND ITS SUPPLIERS CANNOT GUARANTEE, AND WILL NOT BE RESPONSIBLE FOR, ANY DAMAGE OR LOSS RELATED TO THE ACCURACY, COMPLETENESS, OR TIMELINESS OF THE INFORMATION.
Ownership: This Web site (“Web Site”) is owned by Jo Ann Toporski. All right to, title to, and interest in the content displayed on the Web Site, including but not limited to the Web Site’s look and feel, data, information, text, graphics, images, sound or video materials, designs, trademarks, service marks, trade names, and URL, are the property of Jo Ann Toporski or its respective partners, agents, or third parties.
Disclaimer of Warranties With Respect to Use of Web Site: THE WEB SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. EXCEPT AS SPECIFICALLY PROVIDED HEREIN, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CHARACTER, INC. EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT.
JO ANN TOPORSKI DOES NOT MAKE ANY WARRANTY THAT THE WEB SITE WILL MEET YOUR REQUIREMENTS, OR THAT ACCESS TO THE WEB SITE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS, IF ANY, WILL BE CORRECTED. JO ANN TOPORSKI MAKES NO WARRANTIES AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR AS TO THE ACCURACY, QUALITY, OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE WEB SITE.
YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEB SITE IS USED AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JO ANN TOPORSKI OR THROUGH THE WEB SITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Access to Password Protected/Secure Areas: Access to and use of password protected and/or secure areas of the Site is restricted to authorized users only. Unauthorized individuals attempting to access these areas of the Site may be subject to prosecution.
Limitations of Liability: YOU EXPRESSLY UNDERSTAND AND AGREE THAT UNDER NO CIRCUMSTANCES WILL CHARACTER, INC. BE LIABLE FOR INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES, HOWSOEVER CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), OR OTHERWISE RESULTING FROM (1) THE USE OF, OR THE INABILITY TO USE, THE WEB SITE; (2) THE USE OF, OR THE INABILITY TO USE, ITEMS PURCHASED ON THE WEB SITE; (3) THE COST OF PROCUREMENT OF SUBSTITUTE SERVICES, ITEMS, OR WEB SITES; (4) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (5) THE STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE WEB SITE; OR (6) ANY OTHER MATTER RELATING TO THE WEB SITE. THESE LIMITATIONS WILL APPLY WHETHER OR NOT JO ANN TOPORSKI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
Indemnification: You agree to indemnify and hold harmless Jo Ann Toporski, its directors, officers, employees, agents, co-branders, subsidiaries, parents, and affiliates, from and against any and all liability, losses, claims, demands, disputes, damages, and costs of any kind, including, without limitation, reasonable attorneys’ fees and costs of litigation resulting from or in any way connected with your use of the Web Site; Content you submit, post, or transmit through the Web Site; your breach of the Agreement; and your connection to the Web Site.
Modification or Suspension of the Web Site: You agree that Jo Ann Toporski, may, in its sole discretion, and at any time, modify, discontinue, or suspend its operation of this Web Site, or any part thereof, temporarily or permanently, without notice to you, and you agree that Jo Ann Toporski will not be liable for the consequences of doing so.
Termination: You agree that Jo Ann Toporski may, in its sole discretion, and at any time, terminate your use of the Web Site, and may remove or delete any or all of your Content within the Web Site, without prior notice to you for any reason that Jo Ann Toporski, in its sole discretion, deems appropriate. You further agree that Jo Ann Toporski will not be liable to you or to any third party for the consequences of any termination of your use of or access to the Web Site. In the event of any termination of your use of or access to the Web Site, you agree that the provisions of the Agreement regarding Protection of Intellectual Property Rights and License, Trademark Notices, Indemnification, Disclaimer or Warranties, Limitations of Liability, and Applicable Law shall survive any such termination.
Severability of Agreement: If any provision of the Agreement is found by a court or other binding authority to be invalid, you agree that every attempt shall be made to give effect to the parties’ intentions as reflected in that provision, and the remaining provisions contained in the Agreement shall continue in full force and effect.
Limitations of Actions Brought Against Jo Ann Toporski: You agree that any claim or cause of action arising out of your use of the Web Site or the Agreement must be filed within one year after such claim or cause of action arose or it shall forever be barred, notwithstanding any statute of limitations or other law to the contrary.
Applicable Law: The Agreement and the resolution of any dispute related to the Agreement, the Web Site, or items you purchase through the Web Site shall be governed by and construed in accordance with the laws of Wisconsin, without giving effect to any principles of conflicts of law. Any legal action or proceeding between Jo Ann Toporski and you related to the Agreement shall be brought exclusively in a federal or state court of competent jurisdiction sitting in Wisconsin, County of Milwaukee and/or the Eastern District of Wisconsin, and you agree to submit to the personal and exclusive jurisdiction of such courts.