Terms of Use Agreement for Essence Membership

Terms of Use Agreement for Registration on JDMessinger.com and Essence Membership

Welcome to the JDMessinger website, this site is owned and operated by Essence.

Registration

When registering, you agree to:

1. Provide true, accurate, and complete information about yourself as prompted by the Site's registration form (such information being the "Registration Data"); and
2. Maintain and promptly update the Registration Data to keep it true, accurate, and complete. If you provide any information that is untrue, inaccurate, or incomplete, or Essence has reasonable grounds to suspect that such information is untrue, inaccurate, or incomplete, Essence has the right to suspend or terminate your membership and refuse any and all use of the Site (or any portion thereof), in addition to any other remedies available to Essence.
3. Create a password and account designation upon completing the Service's registration process. You are responsible for maintaining the confidentiality of the password and account, and are fully responsible for all activities that occur under your password or account. You agree to:
   • Immediately notify Essence of any unauthorized use of your password or account or any other breach of security by emailing us at CustomerSupport@EssenceAccelerators.com; and
   • Ensure that you exit from your account at the end of each session. Essence will not be responsible or liable for any loss or damage arising from or in connection with your failure to comply with this requirement.

Automatic Renewal

Your Subscription will continue for the length of the initial term you select ("Subscription Term") and will automatically renew at the end of the Subscription Term unless you choose to cancel prior to that renewal. The renewal rate will be reflected based on the initial term selected. Your account will automatically be charged at the rates in effect at the time of renewal and are subject to change.

Your subscription will renew automatically, unless terminated by Essence or you notify Essence by e-mail (receipt of which must be confirmed by email reply from us) of your decision to terminate your subscription. For annual subscriptions, Essence will notify you of the pending renewal of your subscription at least 30 days prior to the date your subscription renews, except as otherwise required by law. You must cancel your subscription before it renews in order to avoid billing of subscription fees for the renewal term to your credit card.

Service Cancellation

Essence reserves the right to cancel your Subscription at any time if you fail to pay amounts owing to us when due, violate or breach any of these Terms, or for any other reason in our sole discretion. If your Subscription is cancelled, you will still be responsible for payment of all outstanding balances accrued through the cancellation date, including any fees described herein or for programs or content you have registered for and have access to.

You may cancel your Subscription at any time by notifying Customer Care by email (CustomerSupport@EssenceAccelerators.com). Your cancellation will become effective on the next billing cycle upon receipt of your notification. A cancellation fee may apply. When cancelling an Annual subscription before the expiration of the annual subscription, the membership fee reverts to the Monthly Membership rate in affect at the time of cancellation. Essence will refund any remaining balance on account, if applicable, using the Monthly Membership rate in affect at the time of cancellation. If the Annual Membership fee paid by you is less than the fees due using the Monthly Membership rate in affect at the time, then by accepting this Terms of Use Agreement, you consent for Essence to charge your credit card for the remaining fees due at the prevailing Monthly Membership rate in affect at the time of your cancellation.

Fees and Payments

You agree to pay the subscription fees and any other charges incurred in connection with your user name and password for the Service (including any applicable taxes) at the rates in effect when the charges were incurred. If your subscription includes access to areas containing premium content or services, your access to such areas may be subject to additional fees, terms and conditions, which will be separately disclosed in such areas in which case you consent for us to bill all charges automatically to your credit card.

Subscription fees will be billed at the beginning of your subscription or any renewal. Unless otherwise stated in writing, all fees and charges are nonrefundable. If you desire to use a different credit card or there is a change in credit card validity or expiration date, or if you believe someone has accessed a Service using your user name and password without your authorization, you must notify Customer Care by email (CustomerSupport@EssenceAccelerators.com). You are responsible for any fees or charges incurred to access a Service through an Internet access provider or other third-party service.

Essence reserves the rights to modify fees and other charges without notice.

Other Conditions

Essence is providing Learning Programs for the benefit of promoting human development and advancement. Essence reserves the rights to deny any individual or entity the rights to participate as a Member if in it’s sole discretion participation is not conducive to the rights of others or in any manner diminishes from the spirit of the programs or Essence brand and values as solely determined by Essence. You agree that as a Member, to do your best to uphold the virtues and ideals of higher learning and to respect the rights of others, including differing ideological, theological or national cultures and beliefs. By participating in the Essence Comm-Unity™ and accepting this Terms of Use Agreement, you further agree not to disparage, diminish, and defame, in any manner or form or medium, the reputation of Essence or Content Providers.  

Intellectual Property Rights

Non-infringement

Members acknowledge that Essence or the Content Provider own all rights, title and interest in and to the Learning Programs, Intellectual Property, including but not limited to the products, services, methods, tools or techniques associated with the Intellectual Property, including all intellectual property rights associated with but not limited to brands, logos, trademarks, copyrights, URLs, lessons, terms, creative ideas or stories. Accordingly, Members agree that they will not copy, reproduce, alter, modify, or create derivative works from the Content or Intellectual Property in any manner, or infringe upon the Intellectual Property Rights of Essence or the Content Provider. To do otherwise is a violation of this Agreement and U.S and international treaties and conventions. Essence or Content Providers reserve all rights, including the rights to prosecute violators of this Agreement to the fullest extent of all applicable laws. Besides, to do so is not consistent with the values and philosophy that Essence seeks to promote and it would be harming others in a way that Members would not want done to themselves.

Non-Compete and Non-Interference

Members agree not to use or apply for registration, or use in any domain, or any medium, any part of Content or Intellectual Property Rights therein. Members understand and agree that they do not obtain and will not exercise or attempt to exercise any copyright or other Intellectual Property Rights, worldwide with any Content obtained through Essence or the Content Providers. Members further agree that they shall not knowingly do or cause or permit anything to be done that may endanger, diminish or reduce the Intellectual Property Rights of Essence or the Content Providers, or interfere with in any manner or attempt to prohibit use or registration of the Content of Essence or Content Providers for all perpetuity.

Personal Use and Copy Prohibition

Members agree that the use of the Content is solely for the individual and for personal usage and the only copy of the Content that is permitted is for the individual purchasing or participating in the Learning Programs.

Members may download one copy of the Learning Programs on any single computer for your personal, noncommercial use, provided you keep intact any copyright and other proprietary notices on the Learning Programs and do not modify the Learning Programs in any way. Members may not modify, reuse, re-post, or use the Learning Programs for public or commercial purposes to any website, without Essence's written permission. Without limiting the forgoing, Members agree not to use the Learning Programs or Content for any other use or purpose. Members further agree that you will not, and will not attempt to, copy or distribute the Learning Programs or Content in whole or in part, to any other party unless specifically permitted by Essence or otherwise violate the single computer, non-commercial, non-transferable, non-exclusive, limited license, revocable at Essence's discretion, granted hereunder.

Members agree to indemnify and hold Essence, its successors, assigns, members and licensors harmless for failure of a third party to comply with the Intellectual Property Rights conditions described in this Terms of Use Agreement.

All Intellectual Property Rights shall survive the term of this Terms of Use Agreement and remains in effect for all perpetuity and in all domains worldwide.

Modification

Essence reserves the right to make changes to the JDMessinger.com web site, posted policies and these Terms of Use at any time without notice. These Terms of Use were last revised on February 3, 2009.