Effective Date: June 1, 2020
Privacy Policy
Data Controller Contact Information
MADZOOK Wellness LLC, Joseph Jekel or Josephine Jekel
14350 Mundy Drive #800-265
Noblesville, Indiana, 46060
Joe@madzook.com
This document governs the privacy notice of our website www.madzook.com
Our privacy notice tells you what personal data (PD) and non-personal data (NPD) we may collect from you, how we collect it, how we protect it, how we may share it, how you can access and change it, and how you can limit our sharing of it. Our privacy notice also explains certain legal rights that you have with respect to your personal data. Any capitalized terms not defined herein will have the same meaning as where they are defined elsewhere on our website.
Your Rights
When using our website and submitting personal data to us, you may have certain rights under the General Data Protection Regulation (GDPR) and other laws. Depending on the legal basis for processing your personal data, you may have some or all of the following rights:
The right to be informed
You have the right to be informed about the personal data we collect from you, and how we process it.
The right of access
You have the right to get confirmation that your personal data is being processed and have the ability to access your personal data that could be available for any public display.
The right to rectification
You have the right to have your personal data corrected if it is inaccurate or incomplete.
The right to erasure (right to be forgotten)
You have the right to request the removal or deletion of your personal data if there is no compelling reason for us to continue processing it. In the case of all types of coaching services clients, the information discussed with you will be kept by MADZOOK Wellness LLC for a period of five years from date of client coach relationship termination. By choosing to enter this client coach relationship you agree that MADZOOK Wellness has the right to keep any and all information that you provided for use in that relationship context for the period of five years from the final date of the coach client relationship documented termination request. Non-documented periods of absence are not termination assumptions - All termination requests must be formal in written form and mailed certified to the above address. E-Mail copies may be substituted only if prior agreement of such is in written form by an authorized Madzook representative and a confirmation of termination e-mail is issued as a formal acceptance of the termination effective date. In such case of an e-mail, the effective termination date is considered to be the date of the response e-mail from Madzook Wellness LLC, or 7 days from a verifiable and original e-mail sent date evidenced as sent from the client.
The right to data portability
You have the right to request and get your personal identification or disclosed data that you provided to us and use it for your own purposes. We will provide your personal identification or disclosed data to you within 30 days of receiving your written request. To request your personal data, please contact us using the information at the top of this privacy notice. E-mail or traditional post mail is accepted in the same terms as listed for cancellation notification procedure above.
Filing a complaint with authorities
You have the right to file a complaint with supervisory authorities if your information has not been processed in compliance with the General Data Protection Regulation. If the supervisory authorities fail to address your complaint properly, you may have the right to a judicial remedy.
Citizens of the UK have specific rights afforded to them via the laws of the UK
For details about your specific rights under the laws of the UK, visit:
https://ico.org.uk/for-organisations/guide-to-the-general-data-protection-regulation-gdpr
Definitions
‘Non-personal data’ (NPD) is information that is in no way personally identifiable.
‘Personal data’ (PD) means any information relating to an identified or identifiable natural person (‘data subject’); an identifiable natural person is one who can be identified, directly or indirectly, by reference to an identifier such as a name, an identification number, location data, an online identifier or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person. PD is in many ways the same as Personally Identifiable Information (PII). However, PD is broader in scope and covers more data. A “visitor” is someone who merely browses our website. A “member” is someone who has registered with us to use or buy our services and products. The term “user” is a collective identifier that refers to either a visitor or a member
Information We Collect
Generally, you control the amount and type of information that you provide to us when using our website. However, we retain any and all information when said information is provided to us in the capacity of a coaching/client or consultant/client relationship five years from the last act of that relationship.
Our Legal Basis for Collecting and Processing Personal Data
Our legal basis for collecting and processing your PD when you buy our products or services is based on, and the necessity for, the performance of a contract, coaching/consulting agreement, purchase agreement of the purchase of material or use of any intellectual property goods from our website, or from MADZOOK office or training locations, events, festivals, retreats, seminars, or any other venue, or to provide necessary and relative information for personal consultation service that are provided to you, the client, by MADZOOK the coaches or consultants.
Our legal basis for collecting and processing your PD when you sign up for our newsletter and information about our products and services through our website opt-in forms is based on consent. Your consent is provided for all coaching services that you purchase or engage in otherwise, any and all subsequent information provided to a coach, or employee of MADZOOK is kept in strictest of confidentiality. The only reasons MADZOOK would share any of your personal information provided to us in a coaching/consultant - client relationship is the result of a court ordered legal mandate, or other legal obligation of jurisdictional relativity demanding that the information be turned over to the legal authority by court order. All personal data provided to MADZOOK for coaching/consulting purposes is maintained by MADZOOK for a period of five years (5 years) beyond the termination date of the coaching/consultant – client relationship between you, the client, and MADZOOK, the coach.
The legal definition of consent
"Any freely given, specific, informed and unambiguous indication of the data subject's wishes by which he or she, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to him or her" for the consent to be verifiable. Consent must be supported with records of the consent. Purchase of any coaching/consultant - client products warrants by you, that your consent to provide personal information is done by your informed choice to provide such personal information.
Our legal basis for collecting and processing your PD is for the purposes of legitimate interests pursued by the controller or a third party, except where such interests are overridden by the interests, rights or freedoms of the data subject. All transactional data supplied while making a purchase from MADZOOK.com is handled through third-party payment processing companies. The payment processing companies supply the banking institution of MADZOOK.com with consumer identification data and transaction records of data collected to conduct any financial activity on behalf of MADZOOK.com. These financial institutions hold their own privacy policy and legal regulations concerning consumer data supplied to them. Prior to making any purchase from MADZOOK.com, you, the consumer, acknowledge, and warrant that you are providing information to these organizations for their services in financial transaction fulfillment. The financial fulfillment relationship is between you, the consumer, and the financial institution in regards any breach of financial information as a result of their control of such information. MADZOOK.com holds no responsibility for the actions or inaction of the third-party payment processing organizations used to fulfill financial transactions.
What Happens If You Don’t Give Us Your PD
If you do not provide us with enough PD, we may not be able to provide you with all of our products and services. However, you can access and use some parts of our website without giving us your PD. Visitors of www.MADZOOK.com are never required to provide personal information. Visitors may freely read the information provided on www.madzook.com with no obligation to purchase, or to provide personal information. Services, and transaction executions will require personal information to be disclosed appropriately, and adequate to the function of the service.
We Collect Your PD in the Following Ways:
Automatic Information
We automatically receive information from your web browser or mobile device. This information includes the name of the website from which you entered our website, if any, as well as the name of the website you’ll visit when you leave our website. This information may also include the IP address of your computer/the proxy server you use to access the Internet, your Internet service provider’s name, your web browser type, the type of mobile device, your computer operating system, and data about your browsing activity when using our website. We use all this information to analyze trends among our users to help improve our website.
When Entering and Using Our Website
When you enter and use our website and agree to accept cookies, some of these cookies may contain your PD.
At User and Member Registration if applicable to you
When you register as a user or member, we collect your name, email address, and other information listed.
When Buying Products or Services
If you buy products or services from us, we collect your first and last name, email address, physical address, credit card or other payment information, phone number, and other information listed. Client requests for any coaching/consulting services will be asked for additional information according to the specificity of the content discussed in the confidential coach/consultant – client discussion sessions.
Mobile Application
If you use our mobile application, you may have to provide PD to use it.
Collecting Your Location Information
When you use our services, we may collect and process information about your actual physical location. We use several technologies, like GPS and IP tracking, to determine your location. These technologies may also provide us with information about nearby cell towers, Wifi access points, and other devices.
Website Chat Software or Contact Forms
This website contains chat software or contact forms that enable visitors to communicate with us live online or offline by email. In some cases, visitors can communicate with us without becoming a member or buying our products and services. When you use our chat software or contact forms, we may collect some or all the following information: your email address, first name, last name, location, and any other information you willingly choose to provide to us. You should limit the information you provide to us that is only necessary to answer your questions. This communication includes all requests for additional information regarding any services or products offered by www.MADZOOK.com.
Your California Privacy Rights
Under California Civil Code Section 1798.83 our customers and users who are California residents are permitted to request certain information about the types of information shared by MADZOOK Wellness LLC, Joseph Jekel, or Josephine Jekel with third parties for their direct marketing purposes and the identities of those third parties. To make such a request, please send an email to: Joe@madzook.com or write us at:
MADZOOK Wellness LLC
14350 Mundy Drive Ste# 800-265
Noblesville, IN 46060 USA
Our Use of Cookies
This website uses cookies. A cookie is a small piece of data or a text file that is downloaded to your computer or mobile device when you access certain websites. Cookies may contain text that can be read by the web server that delivered the cookie to you. The text contained in the cookie generally consists of a sequence of letters and numbers that uniquely identifies your computer or mobile device; it may contain other information as well.
By agreeing to accept our use of cookies, you are giving us, and third parties that we may partner with, permission to place, store, and access some or all the cookies described below on your computer.
Strictly Necessary Cookies
These cookies are necessary for proper functioning of the website, such as displaying content, logging in, validating your session, responding to your request for services, and other functions. Most web browsers can be set to disable the use of cookies. However, if you disable these cookies, you may not be able to access features on our website correctly or at all.
Performance Cookies
These cookies collect information about the use of the website, such as pages visited, traffic sources, users’ interests, content management, and other website measurements.
Functional Cookies
These cookies enable the website to remember a user’s choices – such as their language, user name, and other personal choices – while using the website. They can also be used to deliver services, such as letting a user make a blog post, listen to audio, or watch videos on the website.
Media Cookies
These cookies can be used to improve a website’s performance and provide special features and content. They can be placed by third parties who provide services to us or by our company.
Advertising or Targeting Cookies
These cookies are usually placed and used by advertising companies to develop a profile of your browsing interests and serve advertisements on other websites that are related to your interests. You will see less advertising if you disable these cookies.
Session Cookies
These cookies allow websites to link the actions of a user during a browser session. They may be used for a variety of purposes, such as remembering what a user has put in their shopping cart as they browse a website. Session cookies also permit users to be recognized as they navigate a website so that any item or page changes they make are remembered from page to page. Session cookies expire after a browser session; thus, they are not stored long term.
Persistent Cookies
These cookies are stored on a user’s device in between browser sessions, which allows the user’s preferences or actions across a site (or, in some cases, across different sites) to be remembered. Persistent cookies may be used for a variety of purposes, including remembering users’ choices and preferences when using a website or to target advertising to them.
We may also use cookies for:
· Identifying the areas of our website that you have visited
· Personalizing content that you see on our website
· Our website analytics
· Re-marketing our products or services to you
· Remembering your preferences, settings, and login details
· Targeted advertising and serving ads relevant to your interests
· Affiliate marketing
· Allowing you to post comments
· Allowing you to share content with social networks
Most web browsers can be set to disable the use of cookies. However, if you disable cookies, you may not be able to access features on our website correctly or at all.
Web Beacons
We may also use a technology called web beacons to collect general information about your use of our website and your use of special promotions or newsletters. The information we collect by web beacons allows us to statistically monitor the number of people who open our emails. Web beacons also help us to understand the behavior of our customers, members, and visitors.
Google Ad and Content Network Privacy Notice
Third-party vendors, including Google, use cookies to serve ads based on a user's past visits to our website. Google's use of the DoubleClick cookie enables it and its partners to serve ads to our users based on their visits to our site and/or other sites on the Internet. Users may opt out of the use of the DoubleClick cookie for interest-based advertising by visiting http://www.aboutads.info/choices/ For European users visit http://www.youronlinechoices.eu
Google Analytics Privacy Notice
Our website uses Google Analytics to collect information about the use of our website. Google Analytics collects information from users such as age, gender, interests, demographics, how often they visit our website, what pages they visit, and what other websites they have used before coming to our website. We use the information we get from Google Analytics to analyze traffic, re-market our products and services to users, improve our marketing, advertising, and to improve our website. We have enabled Google Analytics advertising features such as re-marketing with Google Analytics, Google Display Network Impression Reporting, and Google Analytics Demographics and Interest Reporting. Google Analytics collects only the IP address assigned to you on the date you visit our website, not your name or other identifying information. We do not combine the information collected using Google Analytics with PD. Although Google Analytics plants a permanent cookie on your web browser to identify you as a unique user the next time you visit our website, the cookie cannot be used by anyone but Google. Google also uses specific identifiers to help collect information about the use of our website. For more information on how Google collects and processes your data, visit https://www.google.com/policies/privacy/partners/
You can prevent Google Analytics from using your information by opting out at this link: https://tools.google.com/dlpage/gaoptout
Google Re-Marketing
Why am I seeing ads by Google for products I’ve viewed?
Our website uses a re-marketing advertising service. Our re-marketing service is provided by Google and other companies that show our ads on websites across the Internet. With re-marketing you may see ads for our products you have previously looked at. As an example, suppose you visit a website that sells computers, but you do not buy a computer on your first visit to that website. The website’s owner might like to encourage you to revisit his/her website and buy a computer by showing you his/her ads again on other websites that you visit. We use re-marketing for similar purposes. For this to happen, Google will read a cookie that is already in your browser, or they place a cookie in your browser when you visit our website or other websites using re-marketing. You can opt out of Google’s use of cookies and re-marketing at this link: https://support.google.com/ads/answer/2662922?hl=en or you can opt out using the Network Advertising Initiative opt out page at: http://optout.networkadvertising.org/#!/
Facebook Re-Marketing
Third parties, including Facebook, may use cookies, web beacons, and other storage technologies to collect or receive information from our website and elsewhere on the internet, and use that information to provide measurement services and target ads. With Facebook re-marketing you may see our ads on Facebook after you have visited our website. For this to happen, Facebook uses a Custom Audience Pixel that is activated when a visitor lands on a webpage and a unique “cookie” is placed in their browser. Facebook lookalike audience targeting allows us to show ads on Facebook to people who are similar to those who have already visited or made a purchase from our website. To opt out of Facebook’s collection and use of information for ad targeting visit: https://www.facebook.com/help/568137493302217
How Your Information Is Used
We use the information we receive from you to:
· Provide our products and services you have requested or purchased from us
· Personalize and customize our content
· Make improvements to our website
· Contact you with updates to our website, products, and services
· Resolve problems and disputes
· Contact you with marketing and advertising that we believe may be of interest to you
Communications and Emails
When we communicate with you about our website, we will use the email address you provided when you contacted us. We may also send you emails with promotional information about our website or offers from us or our affiliates unless you have opted out of receiving such information. You can change your contact preferences at any time through your account or by sending us an email with your request to: Joe@madzook.com
Sharing Information with Affiliates and Other Third Parties
We do not sell or rent your PD to third parties for marketing purposes. We may provide your PD to third-party service providers we hire to provide services to us. These third-party service providers may include but are not limited to: payment processors, web analytics companies, advertising networks, call centers, data management services, help desk providers, accountants, law firms, auditors, shopping cart and email service providers, and shipping companies.
Sharing Information with Facebook and Google for Marketing Purposes
We may share your PD with third parties for similar audience marketing purposes. Similar audience marketing is also called lookalike audience marketing. The third parties we share your PD with for this type of marketing include Facebook and/or Google. Using your PD, for similar audience marketing or lookalike audience marketing helps us find new audiences (users and customers) based on similar interests to yours, this helps us improve our marketing services. Your PD is only shared with Facebook and Google for this type of marketing. By using our website and agreeing to our privacy notice, you are giving your consent for your PD to be used for the marketing purposes described within this section.
Legally Required Releases of Information
We may be legally required to disclose your PD if such disclosure is (a) required by subpoena, law, or other legal process; (b) necessary to assist law enforcement officials or government enforcement agencies; by court order (c) necessary to investigate violations of or otherwise enforce our Legal Terms; (d) necessary to protect us from legal action or claims from third parties, including you and/or other users or members; or (e) necessary to protect the legal rights, personal/real property, or personal safety of our company, users, employees, and affiliates.
Disclosures to Successors
If our business is sold or merges in whole or in part with another business that would become responsible for providing the website to you, we retain the right to transfer your PD to the new business. The new business would retain the right to use your PD according to the terms of this privacy notice as well as to any changes to this privacy notice as instituted by the new business.
We also retain the right to transfer your PD if our company files for bankruptcy and some or all of our assets are sold to another individual or business.
Community Discussion Boards
Our website may offer the ability for users to communicate with each other through online community discussion boards or other mechanisms. We do not filter or monitor what is posted on such discussion boards. If you choose to post on these discussion boards, you should use care when exposing any PD, as such information is not protected by our privacy notice nor are we liable if you choose to disclose your PD through such postings. Also, PD you post on our website for publication may be available worldwide by means of the Internet. We cannot prevent the use or misuse of such information by others.
Retaining and Destroying Your PD
We retain information that we collect from you (including your PD) only for as long as we need it for legal, business, or tax purposes. Your information may be retained in electronic form, paper form, or a combination of both. When your information is no longer needed, we will destroy, delete, or erase it. In most circumstances we will maintain your information for a period of five years from the date of our fiduciary/service relationship termination. However, in special circumstances we may retain the information for longer periods of time as we may see fit for legal, business, or tax purposes.
Updating Your PD
You can update your PD using services found on our website. If no such services exist, you can contact us using the contact information found at the top of this privacy notice and we will help you. However, we may keep your PD as needed to enforce our agreements and to comply with any legal obligations.
Revoking Your Consent for Using Your PD
You have the right to revoke your consent for us to use your PD at any time. Such an opt-out will not affect disclosures otherwise permitted by law including but not limited to: (i) disclosures to affiliates and business partners, (ii) disclosures to third-party service providers that provide certain services for our business, such as credit card processing, computer system services, shipping, data management services, (iii) disclosures to third parties as necessary to fulfill your requests, (iv) disclosures to governmental agencies or law enforcement departments, or as otherwise required to be made under applicable law, (v) previously completed disclosures to third parties, or (vi) disclosures to third parties in connection with subsequent contests or promotions you may choose to enter, or third-party offers you may choose to accept. If you want to revoke your consent for us to use your PD, send us an email with your request to:
Joe@madzook.com. Any revocation of consent will terminate existing coaching/consulting – client relationships in progress as described in the terms of service legal section.
Protecting the Privacy Rights of Third Parties
If any postings you make on our website contain information about third parties, you must make sure you have permission to include that information in your posting. While we are not legally liable for the actions of our users, we will remove any postings about which we are notified, if such postings violate the privacy rights of others.
Do Not Track Settings
Some web browsers have settings that enable you to request that our website not track your movement within our website. Our website does not obey such settings when transmitted to and detected by our website. You can turn off tracking features and other security settings in your browser by referring to your browser’s user manual.
Links to Other Websites
Our website may contain links to other websites. These websites are not under our control and are not subject to our privacy notice. These websites will likely have their own privacy notices. We have no responsibility for these websites and we provide links to these websites solely for your convenience. You acknowledge that your use of and access to these websites are solely at your risk. It is your responsibility to check the privacy notices of these websites to see how they treat your PD.
Protecting Children’s Privacy
Even though our website is not designed for use by anyone under the age of 16, we realize that a child under the age of 16 may attempt to access our website. We do not knowingly collect PD from children under the age of 16. If you are a parent or guardian and believe that your child is using our website, please contact us. Before we remove any information, we may ask for proof of identification to prevent malicious removal of account information. If we discover that a child is accessing our website, we will delete his/her information within a reasonable period of time. Generally, our consideration of reasonable time is within the following sixty (60) day time period post confirmation of inappropriate use by the child. You acknowledge that we do not verify the age of our users nor do we have any liability to do so.
Our Email Policy
You can always opt out of receiving further email correspondence from us or our affiliates. We will not sell, rent, or trade your email address to any unaffiliated third party without your permission except in the sale or transfer of our business, or if our company files for bankruptcy.
Our Security Policy
We have built our website using industry-standard security measures and authentication tools to protect the security of your PD. We and the third parties who provide services for us, also maintain technical and physical safeguards to protect your PD. When we collect your credit card information through our website, we will encrypt it before it travels over the Internet using industry-standard technology for conducting secure online transactions. Unfortunately, we cannot guarantee against the loss or misuse of your PD or secure data transmission over the Internet because of its nature.
We strongly urge you to protect any password you may have for our website and to not share it with anyone. You should always log out of our website when you finish using it, especially if you are sharing or using a computer in a public place.
Use of Your Credit Card
You may have to provide a credit card to buy products and services from our website. We use third-party billing services and have no control over these services. We use our commercially reasonable efforts to make sure your credit card number is kept strictly confidential by using only third-party billing services that use industry-standard encryption technology to protect your credit card number from unauthorized use. However, you understand and agree that we are in no way responsible for any misuse of your credit card number.
Transferring PD From the European Union
(PD) that we collect from you may be stored, processed, and transferred between any of the countries in which we operate, specifically the USA. The European Union has not found the United States and some other countries to have an adequate level of protection of PD under Article 45 of the GDPR. Our company relies on derogation for specific situations as defined in Article 49 of the GDPR. For European Union customers and users, with your consent, your PD may be transferred outside the European Union to the United States and or other countries. We will use your PD to provide the goods, services, and/or information you request from us to perform a contract with you or to satisfy a legitimate interest of our company in a manner that does not outweigh your freedoms and rights. Wherever we transfer, process or store your PD, we will take reasonable steps to protect it. We will use the information we collect from you in accordance with our privacy notice. By using our website, services, or products, you agree to the transfers of your PD described within this section.
Changes to Our Privacy notice
We reserve the right to change this privacy notice at any time. If our company decides to change this privacy notice, we will post those changes on our website so that our users and customers are always aware of what information we collect, use, and disclose. If at any time we decide to disclose or use your PD in a method different from that specified at the time it was collected, we will provide advance notice by email (sent to the email address on file in your account). Otherwise we will use and disclose our users’ and customers’ PD in agreement with the privacy notice in effect when the information was collected. In all cases, your continued use of our website, services, and products after any change to this privacy notice will constitute your acceptance of such change.
Questions About Our Privacy notice
If you have any questions about our privacy notice, please contact us using the information at the top of this privacy notice.
Copyright © of all content on this website belongs to Madzook Wellness LLC, Joseph Jekel, Josephine Jekel, or a third party and is used with express permission of the legal copyright holder but authorization for use is solely for use on this website and only for use by the principles of Madzook Wellness LLC, Joseph Jekel, Josephine Jekel, or the third-party owner of such specific copyright. Nothing of content whether image, video, text, idea, or process is to be duplicated without written permission of said copyright holder.
Terms and Conditions
Madzook Wellness LLC
14350 Mundy Drive STE# 800-265
Noblesville, Indiana 46060
Joe@madzook.com
Effective Date: June 1, 2020
This web page represents a legal document and is the Terms and Conditions (Agreement) for our website, www.madzook.com (Website). By using our Website, you agree to fully comply with and be bound by the following Agreement each time you use our Website.
Definitions
The terms “us”, “we”, and “our” refer to Madzook LLC, Joseph Jekel, Josephine Jekel, the owners of this Website. A “Visitor” is someone who merely browses our Website. A “Member” is someone who has registered with our Website to use our Services. The term “User” is a collective identifier that refers to either a Visitor or a Member. The term “Product” refers to any products we sell or give away.
All text, information, graphics, design, and data offered through our Website or Services, whether produced by our permitted guests or by us, are collectively known as our “Content”. We distinguish content posted by us as Madzook Joe, Madzook Joy, Joe Jekel, or Joy Jekel et. al.
Acceptance of Agreement
This Agreement is between you and Madzook Wellness LLC, and Joseph Jekel, and Josephine Jekel.
THIS AGREEMENT CONTAINS WARRANTY DISCLAIMERS AND OTHER PROVISIONS THAT LIMIT OUR LIABILITY TO YOU. PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AND IN THEIR ENTIRETY, AS USING, ACCESSING, AND/OR BROWSING OUR WEBSITE CONSTITUTES ACCEPTANCE OF THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND TO EACH AND EVERY TERM AND CONDITION SET FORTH HEREIN, PLEASE EXIT OUR WEBSITE IMMEDIATELY AND DO NOT USE, ACCESS, AND/OR BROWSE THIS WEBSITE ANY FURTHER.
Except as otherwise noted, this Agreement constitutes the entire and only Agreement between you and Madzook Wellness (other than the additional applicable and specific consulting or coaching agreements) and supersedes all other agreements, representations, warranties, and understandings with respect to our Website, Services, and the subject matter contained herein. However, for you to use our Website and/or Services, you may also be required to agree to additional terms and conditions. Those additional terms and conditions will be incorporated into this Agreement unless otherwise stated.
Privacy Notice
Our Privacy Notice is considered part of this Agreement and is available on this website. You must review our Privacy Notice section located above. If you do not accept and agree to be bound by all the terms of this Agreement, including the www.madzook.com Privacy Notice, do not use this Website or our Services.
Arbitration Notice for ALL individuals located in every country at any time of access. This arbitration clause specifically includes the USA, and any other country not listed. Some specific countries are listed as a result of their independent laws concerning such notices. Any individual from any country that accesses this website agrees to the following arbitration clause. If you do not agree – you are not authorized to visit or use anything on this website or related to this website.
Any legal controversy or claim arising from or relating to this Agreement and/or our Service, excluding legal action taken by us to collect or recover damages for – or obtain any injunction relating to – website operations, intellectual property, and our Service, will be settled solely by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim will be arbitrated on an individual basis and will not be consolidated in any arbitration with any claim or controversy of any other party.
The arbitration will be conducted in Indianapolis, Indiana and judgment on the arbitration award may be entered into any court having jurisdiction thereof. You or we may seek any interim or preliminary relief from a court of competent jurisdiction in Indianapolis, Indiana necessary to protect our rights, or your rights or property pending the completion of arbitration. Each party will bear half the arbitration fees and costs.
Choice of Law and Jurisdiction for ALL individuals located in every country at any time of access. This arbitration clause specifically includes the USA, and any other country not listed. Some specific countries are listed as a result of their independent laws concerning such notices. Any individual from any country that accesses this website agrees to the following arbitration clause. If you do not agree – you are not authorized to visit or use anything on this website or related to this website.
This Agreement will be treated as if it were executed and performed in Indianapolis, Indiana, and will be governed by and construed in accordance with the laws of the state of Indiana without regard to conflict of law provisions. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Arbitration notice for UK visitors or members
Any dispute arising out of or in connection to this agreement, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which are deemed to be incorporated, by reference, into this clause. The seat, or legal place, of arbitration shall be Indianapolis, Indiana, USA. The language of the arbitration shall be English. The number of arbitrators shall be one.
Choice of Law notice for UK visitors or members
This Agreement will be governed by and construed in accordance with the laws of Indianapolis, Indiana, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Arbitration notice for Australia visitors or members
Any dispute, controversy, or claim arising out of, relating to, or in connection with this contract, including any question regarding its existence, validity, or termination, shall be resolved by arbitration in accordance with the ACICA Arbitration Rules. The seat of arbitration shall be Indianapolis, Indiana, USA. The language of the arbitration shall be English. The number of arbitrators shall be one.
Choice of Law notice for Australia visitors or members
This Agreement will be governed by and construed in accordance with the laws of Indianapolis, Indiana, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Arbitration notice for Canada visitors or members
Any controversy or claim arising out of or relating to this contract, or the breach thereof, shall be determined by arbitration administered by ICDR Canada in accordance with its Canadian Arbitration Rules. The place of arbitration shall be Indianapolis, Indiana, USA. The language of the arbitration shall be English. The number of arbitrators shall be one.
Choice of Law notice for Canada visitors or members
This Agreement will be governed by and construed in accordance with the laws of Indianapolis, Indiana, USA, without regard to conflict of law principles. In addition, you agree to submit to the personal jurisdiction and venue of such courts. Any cause of action by you with respect to our Website or Service must be instituted within one (1) year after the cause of action arose or be forever waived and barred.
Limited License
Madzook LLC, Joseph Jekel, and Josephine Jekel grants you a nonexclusive, nontransferable, revocable license to access and use our Website and Services strictly in accordance with this Agreement. Your use of our Website and Services is solely for internal, personal, noncommercial purposes unless otherwise provided for in this Agreement. No printout or electronic version of any part of our Website or Services may be used by you in any litigation or arbitration matter whatsoever under any circumstances.
Legal Compliance
You agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations regarding your use of our Website, Content, Services, and any software or product provided therein.
Our Relationship to You
This Agreement in no way creates any agency, partnership, joint venture, or employee-employer or franchisor-franchisee relationship between you and Madzook Wellness LLC, Joseph Jekel, or Josephine Jekel. Coaching or Consulting Clients will form a coach/client, consultant/client relationship you are considered as the role of the client. Madzook representatives authorized to perform in such capacity are considered as the role of the coach or consultant accordingly.
Our Intellectual Property
Our Website contains our service marks or trademarks as well as those of our affiliates or other companies in the form of words, graphics, and logos. Your use of our Website or Services does not constitute any right or license for you to use our service marks or trademarks without the prior written permission of Madzook Wellness LLC, Joseph Jekel, and Josephine Jekel.
Our Content, all images, videos, recordings, text, ideas, forms, e-mail exchanges, or any other personal content as found within our Website and offered through any of our Services, is protected under United States and foreign copyrights. The copying, redistribution, use, or publication by you of any such Content is strictly prohibited. Your use of our Website and Services does not grant you any ownership rights, user rights that extend beyond these terms, any form of publicity rights, or any other transfer of any listed or unlisted rights to our Content.
Eligibility and Registration for Membership
To use our Services, you must purchase a coaching/consulting product to specifically become a coaching/consulting client. Your coaching product is not transferable or assignable and is void where prohibited. Our Website and Services are intended solely for Users who are at least (18) eighteen years of age or older. Any registration by, use of, or access to our Website by anyone under that age is unauthorized, unlicensed, and in violation of these Terms and Conditions. By using our Website and/or Services, you represent and warrant that you are (18) eighteen years of age or older and agree to abide by all the terms and conditions of this Agreement. Madzook Wellness LLC, Joseph Jekel, and Josephine Jekel have the sole right and discretion to determine whether to accept a Member or client and may reject a Member’s registration or discontinue a coaching/consulting relationship with any type of applicable client or website visitor, at any time, with or without explanation.
When you complete the product or service purchase process, you will be contacted to arrange a schedule for meetings, or provided an access method for any seminar products, or shipped your purchased tangible product accordingly. You agree to maintain the confidentiality of our services, and information shared, in strictest of confidentiality, and you are fully responsible for all liability and damages resulting from your failure to maintain that confidentiality as well as holding individual responsibility for any and all activities that you decide to participate in based on any conversations between you as the client, and the information discussed with a coach or consultant.
You agree to immediately notify us of any breach of security. You agree that Madzook Wellness LLC cannot and will not be liable for any loss or damage arising from your failure to comply with confidential information security as discussed herein if such information was disclosed by you to any party outside of Madzook Wellness LLC.
Disclaimer
Our Website publishes content supplied by third parties, Users, Advertisers, Merchants, and Sponsors. Accordingly, Madzook Wellness LLC, Joseph Jekel, and Josephine Jekel have no editorial control over such content. Any opinions or other information or content expressed or made available by third parties, including information providers, Users, or any other user of our Website, are those of the respective author(s) and not of Madzook Wellness LLC, Joseph Jekel, and Josephine Jekel. Madzook Wellness LLC, Joseph Jekel, and Josephine Jekel do not guarantee the accuracy, completeness, merchantability, or fitness for any particular purpose nor the legality of any content provided by any of these parties.
You understand that we do not operate or control the products or services offered by third-party Merchants. These merchants are responsible for all aspects of order processing, fulfillment, billing, and customer service. We are not a party to the transactions entered into between you and third-party Merchants. You agree that use of or purchase from such Merchants is AT YOUR SOLE RISK AND WITHOUT WARRANTIES OF ANY KIND BY US. All rules, legal documents (including privacy policies), and operating procedures of Merchants will apply to you while on any Merchant websites.
You hereby acknowledge that nothing contained in this Website will constitute financial, investment, legal, medical, psychological, and/or other professional advice and that no professional relationship of any kind is created between you and Madzook Wellness LLC, Joseph Jekel, and Josephine Jekel beyond the scope of a coaching product purchase, or a coach/consultant - client relationship established through a separate document that outlines that specific relationship. You hereby agree that you will not make any financial, investment, legal, health, and/or other decision based solely in whole or in part of anything contained in our Website or Services.
Warranty Disclaimer
Our Website or Services may be temporarily unavailable from time to time for maintenance or other reasons. Madzook Wellness LLC, Joseph Jekel, and Josephine Jekel assume no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction, unauthorized access to, or alteration of visitor, member or client communications.
Madzook Wellness LLC, Joseph Jekel, and Josephine Jekel is not responsible for any technical malfunction or other problems of any telephone network or service, computer system, server or provider, computer or mobile phone equipment, or software, or for any failure of email on account of technical problems or traffic congestion on the Internet, or for any combination thereof – including injury or damage to Visitors, Members, Clients, or any other person’s computer, mobile phone, or other hardware or software – related to or resulting from the use or downloading of materials in connection with our Website or Services, including, without limitation, any software suggestions provided through our Website or Services.
Under no circumstances will Madzook Wellness LLC, Joseph Jekel, or Josephine Jekel be responsible for any loss or damage, including any loss or damage, personal injury, or death resulting from anyone’s use of our Website or Services, or any interactions between Users of our Website or Services, whether online or offline. All discussions, suggestions, and information provided are educational in nature, and any choice to act on, or to implement any action discussed, or educational opportunity provided is made by personal choice of the client, and the client hereby warrants that they have investigated any and all information provided to them or discussed with them, in educational or suggestive form by any coach or consultant, for the clients personal efficacy of any applied purposes based on each individual and the individuals decision to employ any element as a result of their own personal choice, and with an acknowledged opportunity to further research or discover how any suggestion or process may affect them as an individual. The coach/consultant - client relationship is not a medical or counseling relationship. The coach/consultant - client relationship is a discussion and text based educational opportunity for clients to learn of potential constructs and phenomenon that may assist the client as an individual in their own personal growth, desired evolution, skill acquisition, or performance enhancement.
Reference to any products, services, processes, or other information by trade name, trademark, manufacturer, supplier, or otherwise does not constitute or imply endorsement, sponsorship, recommendation, or any affiliation with our Website by third parties or by any of the equipment or programming associated with or utilized by our Services.
THE INFORMATION, CONTENT, AND DOCUMENTS FROM OR THROUGH OUR WEBSITE ARE PROVIDED ‘AS-IS’, ‘AS AVAILABLE’, WITH ‘ALL FAULTS’, AND ALL EXPRESS OR IMPLIED WARRANTIES ARE DISCLAIMED (INCLUDING, BUT NOT LIMITED TO, THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). OUR WEBSITE AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS, OR OTHER LIMITATIONS.
MADZOOK WELLNESS LLC, JOSEPH JEKEL, and JOSEPHINE JEKEL, INCLUDING ALL OUR AFFILIATES, HAS NO LIABILITY WHATSOEVER FOR YOUR USE OF OUR WEBSITE OR SERVICES. MADZOOK WELLNESS LLC, JOSEPH JEKEL, and JOSEPHINE JEKEL, CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM THE USE OF OUR WEBSITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, RELATED SOFTWARE, PRODUCT, COACHING SERVICE, DOCUMENTS, FORMS, OR IDEOLOGY. MADZOOK WELLNESS LLC, JOSEPH JEKEL, and JOSEPHINE JEKEL, DOES NOT REPRESENT OR WARRANT THAT OUR CONTENT, SERVICES, OR ANY SOFTWARE FOUND WITHIN ARE ACCURATE, COMPLETE, RELIABLE, CURRENT, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THEREFORE, YOU SHOULD EXERCISE CAUTION IN THE USE AND DOWNLOADING OF ANY SUCH CONTENT OR SOFTWARE AND USE INDUSTRY-RECOGNIZED SOFTWARE TO DETECT AND REMOVE VIRUSES. ALL RESPONSIBILITY OR LIABILITY FOR ANY DAMAGES CAUSED BY VIRUSES SOMEHOW ATTRIBUTED TO OUR CONTENT, SERVICES, AND RELATED SOFTWARE IS DISCLAIMED. WE TAKE ALL KNOWN PRECAUTIONS AND WILL ATTEMPT TO PROTECT THE USER OR CLIENT TO THE EXTENT OF OUR CAPABILITY TO DO SO. HOWEVER, YOU, THE VISITOR OR CLIENT MUST BE VIGILANT AND ULTIMATELY THE PERSONAL CHOICE TO USE OUR SERVICES OR APPLY OUR EDUCATIONAL METHODOLOGY IS UP TO YOU. WE PROVIDE YOU WITH OUR EDUCATED, LIFE EXPERIENTIAL, AND IN SOME CASES CREDENTIALED OR DEGREE EARNED KNOWLEDGE OF VARYING POTENTIAL EPISTEMOLOGY AND ONTOLOGY CONSTRUCTS FOR YOUR INDIVIDUAL CONSIDERATION.
WITHOUT LIMITING THE FOREGOING, YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN CONTENT AND RELATED SOFTWARE FROM OR THROUGH OUR WEBSITE OR SERVICES AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR YOUR USE THEREOF AND ANY DAMAGES TO YOUR MOBILE DEVICE OR COMPUTER SYSTEM, LOSS OF DATA, OR OTHER HARM OF ANY KIND THAT MAY RESULT. WE AND ALL OUR AFFILIATES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION AND LIMITATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN YOU AND MADZOOK WELLNESS LLC, JOSEPH JEKEL, and JOSEPHINE JEKEL.
OUR WEBSITE AND SERVICES WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH OUR WEBSITE OR SERVICES WILL CREATE ANY WARRANTY, REPRESENTATION, OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.
Limitation of Liability
IN NO EVENT WILL MADZOOK WELLNESS LLC, JOSEPH JEKEL, OR JOSEPHINE JEKEL, OR ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF OUR WEBSITE, CONTENT, SERVICES, OR ANY RELATED SOFTWARE ACCESSED THROUGH OR DOWNLOADED FROM OUR WEBSITE OR SERVICES, EVEN IF MADZOOK WELLNESS LLC, JOSEPH JEKEL, OR JOSEPHINE JEKEL, OR ANY ASSIGNS OR SUBORDINATES IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MADZOOK WELLNESS LLC, JOSEPH JEKEL, OR JOSEPHINE JEKEL OR ANY CONNECTION TO SERVICES OR COMPANY REPRESENTATIVES’ LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, WILL AT ALL TIMES BE LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO US FOR WEBSITE AND/OR SERVICES ACCESSED DURING THE PREVIOUS MONTH OF YOUR MEMBERSHIP PRIOR TO THE EVENT GIVING RISE TO LIABILITY.
As a Visitor, Member, or Client you agree not to use our Services to do any of the following:
Upload, post, or otherwise transmit any Member Content that:
Violates any local, state, federal, or international laws
Infringes on any patent, trademark, trade secret, copyright, or other proprietary rights of any party
Harms, threatens, defames, promotes violence or illegal activities, or is otherwise vulgar, obscene, abusive, harassing, tortuous, libelous, invasive of another persons or entity privacy, hateful, or racially, ethically, or otherwise objectionable
Link directly or indirectly to any materials to which you do not have a right to link
Disclose any private information of any third party, including, without limitation, addresses, phone numbers, email addresses, Social Security numbers, and credit card numbers
Contains software viruses or any other computer code, files, or programs designed to interrupt, destroy, or limit the functionality of any computer software or hardware or telecommunications equipment, or to extract information from our Website or Services
Contains any unsolicited or unauthorized advertising, solicitations, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of solicitation
In the sole judgment of Madzook Wellness LLC, Joseph Jekel, or Josephine jekel is objectionable or restricts or inhibits any other person from using or enjoying our Website or Services, or which may expose Madzook Wellness LLC, Joseph jekel, or Josephine Jekel, our Affiliates, Visitors, Clients or our Users to any harm or liability of any type, whether perceived of real and at our sole adjudication may be removed or edited.
You shall NOT use any of Madzook’s content to:
Develop a competing website
Create compilations or derivative works as defined under United States copyright laws
Redistribute it in any manner, including, but not limited to, sale, license, lease, rental, subscription, or any other distribution mechanism
Decompile, disassemble, or reverse engineer our Website, Services, and any related software
Use our Website or Services in any manner that violates this Agreement or any local, state, federal, or international laws
Use of Information
You hereby agree that all discussions, information, and communication of any form or media determination between you and Madzook Wellness LLC, Joseph Jekel, or Josephine Jekel, is confidential and under no circumstance, lest legal court order, are you to provide or share any of this information or data, or communication with any third party without prior written consent.
Unlawful Activity
We reserve the right to investigate complaints or reported violations of this Agreement and to take any action we deem appropriate, including, but not limited to, reporting any suspected unlawful activity to law enforcement officials, regulators, or other third parties and disclosing any information necessary or appropriate to such persons or entities relating to your profile, email addresses, usage history, posted materials, IP addresses, and traffic information. Coaching or consulting clients are hereby advised that our allowance of client confidentiality is suspended when information is provided to us that is of danger to the public, or to you as an individual. We are not Doctors, Psychologist, or Licensed Mental Counselors. We are Life, Personal Development, Motivation, Transformation, Communication, Educational, Skills Acquisition and Development, and Behavioral Modification through Enhanced Discovery, Coaching Practitioners. The confidentiality between you and us is fully enforced but ends at the areas of illegal activity disclosure. We are not ethically, or legally obliged to conceal any illegal activity, or discussion of intent to harm.
Linking to Our Website
You may provide links to our Website provided that (a) you do not remove or obscure any portion of our Website by framing or otherwise, (b) your website does not engage in illegal or pornographic activities, (c) you do not disparage, demean, or ridicule our services or products and (d) you cease providing links to our Website immediately upon our request.
Links to Other Websites
Our Website may from time to time contain links to third-party websites. Inclusion of links for any website on our Website does not mean that we endorse, guarantee, warrant, or recommend the services, information, content, and/or data of such third-party websites.
Madzook Wellness LLC, Joseph Jekel, or Josephine Jekel have no control over the legal documents and privacy practices of third-party websites; you access any third-party websites at your own risk. We recommend that you review the privacy notice and terms and conditions of those websites to fully understand what information is collected and how it is used.
Payments
You represent and warrant that if you are purchasing something from us, (i) any payment information you supply is true and complete, (ii) charges incurred by you will be honored by your bank or credit card company, (iii) you will pay the charges incurred by you at the posted prices, including any applicable taxes, and (iv) if your initial payment method is dishonored, you will still pay the incurred charges, including any surcharge we may incur due to the dishonored payment.
Refund and Return Policy
1.) Coaching or Consultant Session: The initial session is 100% refundable if you are not satisfied or sure that the sessions continuance are right for you. After the one time opportunity to obtain a full refund for the initial session there will be no further refunds available for this service. Any further sessions will imply satisfaction of need and are thereby a non-refundable purchase. There will be no refunds issued for any session beyond the initial session.
Termination of Services
Either Party, consumer, client or practitioner may terminate any future services at anytime without cause.
Indemnification
You agree to indemnify, defend, and hold us and our partners, agents, officers, directors, employees, subcontractors, successors, assigns, third-party suppliers of information and documents, attorneys, advertisers, product and service providers, and affiliates free from any liability, loss, claim, and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of our Website or Services.
Severability and Survival
Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. To the extent that any Content is in conflict or inconsistent with this Agreement, this Agreement will take precedence. Our failure to enforce any provision of this Agreement will not be deemed a waiver of such a provision, nor of the right to enforce such a provision. Our rights under this Agreement will survive any termination of this Agreement.
Changes to Our Terms and Conditions
We reserve the right to change these Terms and Conditions at any time by giving you advance notice of the changes by email, text to a mobile device, or in writing deliverable to the address that you have provided in your contact information. We will also post these changes on our website. These changes will become effective thirty (30) days after receipt of the notice. To avoid doubt, no unilateral amendment will retroactively change agreed dispute-resolution provisions of these Terms and Conditions, if any, including, for example, arbitration provisions for then-pending disputes unless the parties expressly agree otherwise. Your continued use of our Website, Services, and Products after any change to these Terms and Conditions and our notifying you will constitute your acceptance of such change. If you do not agree with the changes to these Terms and Conditions, you can choose to discontinue the use of our Website, Services, and Products.
Copyright © of all content on this website belongs to Madzook Wellness LLC, Joseph Jekel, Josephine Jekel, or a third party and is used with express permission of the legal copyright holder but authorization for use is solely for use on this website and only for use by the principles of Madzook Wellness LLC, Joseph Jekel, Josephine Jekel, or the third-party owner of such specific copyright. Nothing of content whether image, video, text, idea, or process is to be duplicated without written permission of said copyright holder.