PLEASE READ THESE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE OBTAINING MEMBERSHIP OR USING THE SITE.

By using this site, you signify your agreement with these terms of use. If you do not agree to these terms of use, please do not use the site. We reserve the right, at our discretion, to change, modify, add, or remove portions of these terms at any time. Please check these terms periodically for changes. Your continued use of JenniferLavoie.com following the posting of changes to these terms will mean you accept those changes.

RESTRICTIONS ON USE OF MATERIALS.

This site is owned and operated by Jennifer Lavoie (referred to as "we," "us," or "our" herein). No material from JenniferLavoie.com or any Web site owned, operated, licensed, or controlled by Jennifer Lavoie may be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way, except that you may download one copy of the materials on any single computer for your personal, non-commercial home use only, provided you keep intact all copyright and other proprietary notices. Modification of the materials or use of the materials for any other purpose is a violation of Jennifer Lavoie's copyright and other proprietary rights. For purposes of these terms, the use of any such material on any other Web site or networked computer environment is prohibited.


In the event you download software from the site, the software, including any files, images incorporated in or generated by the software, and data accompanying the software (collectively, the "Software") are licensed to you by JenniferLavoie.com does not transfer title to the Software to you. You own the medium on which the Software is recorded, but JenniferLavoie.com retains full and complete title to the Software, and all intellectual property rights therein. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form.



CHATS AND PUBLIC COMMUNICATION.

The chat area, bulletin board, or e-mail function is offered as part of JenniferLavoie.com. You shall not upload to, distribute through, or otherwise publish through JenniferLavoie.com any content which is libelous, defamatory, obscene, pornographic, threatening, invasive of privacy or publicity rights, abusive, illegal, or otherwise objectionable that would constitute or encourage a criminal offense, violate the rights of any party, or that would otherwise give rise to liability or violates any law.

The Chats shall be used only in a noncommercial manner. You shall not, without our express approval, distribute or otherwise publish any material containing any solicitation of funds, promotion, advertising, or solicitation for goods or services. You specifically acknowledge that soliciting other JenniferLavoie.com guests to join or become members of any commercial online service or other organization is expressly prohibited. You must also follow the House Rules whenever you are using JenniferLavoie.com.

It is our policy to respect the privacy of all guests. Therefore, in addition to the privacy of Registration data, we will not monitor, edit, or disclose the contents of a guest’s e-mail, personal address, or other personal information obtained during the membership registration process unless required in the course of normal maintenance of JenniferLavoie.com and its systems or unless required to do so by law or in the good-faith belief that such action is necessary to: (1) comply with the law or comply with legal process served on Jennifer Lavoie; (2) protect and defend the rights or property of JenniferLavoie.com, Jennifer Lavoie; or (3) act in an emergency to protect the personal safety of our guests or the public. Guests shall remain solely responsible for the content of their messages.

By uploading materials to any Chat or submitting any materials to us, you automatically grant (or warrant that the owner of such rights has expressly granted) us a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from and distribute such materials or incorporate such materials into any form, medium, or technology now known or later developed throughout the universe. In addition, you warrant that all so-called "moral rights" in those materials have been waived.

JURISDICTIONAL ISSUES.

Unless otherwise specified, the materials in the site are presented solely for the purpose of entertainment, providing an on-line fan club, promoting programs, and other products available in the United States, its territories, possessions, and protectorates. This site is controlled and operated by Jennifer Lavoie. We make no representation that materials in the site are appropriate or available for use in other locations. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable. Software from this site is further subject to United States export controls.

TERMINATION.

Membership billing is by automatic renewal and can be cancelled at anytime by e-mailing Jennifer Lavoie at memberships@jenniferlavoie.com. These terms are effective until terminated by either party. If a member wishes to cancel membership to JenniferLavoie.com, the member must notify Jennifer via email within twenty-four (24) hours of renewal date. These terms will terminate immediately without notice from Jenniferlavoie.com's sole discretion should you fail to comply with any term or provision of these terms. No refunds are given for any reason. Once email is received you will receive a confirmation email back. Save this as your proof of cancelling.

MEMBERSHIPS.

1 month recurring: This means that your membership will be billed $22.95 each month on the same day that you joined until the member cancels via email. Email must be received 24 hours prior to renewal day or the membership will continue until the following renewal date. (day closes out at 6pm ET) 3 month recurring: This means that your membership will be billed $59.95 every 90 days (three months) on the same day that you joined until the member cancels via email. Email must be received 24 hours prior to renewal day or the membership will continue until the following renewal date. 6 month membership: The member will be billed $119.95 for a 6 month membership. If we do not receive a cancellation notice 24 hours prior to the end of the 6 month membership, the membership automatically goes to a 1 month recurring membership. 1 Year membership: The member will be billed $199.95 for a 12 month membership. If we do not receive a cancellation notice 24 hours prior to the end of the 1 year membership, the membership automatically goes to a 1 month recurring membership.
THERE ARE NO REFUNDS OR CREDITS GIVEN. DO NOT ASK AS THIS IS NOT AN OPTION.

LIFETIME MEMBERSHIPS.

The Lifetime member pays a rate from package A, B, or C. Once the first payment is made, the member cannot cancel the lifetime membership. No refunds are given for any reason. Birthday calls are not always made on the members birthday. The phone calls will be made within 30 days unless a scheduled time and day cannot be made. Private webcam chats will be made to Lifetime members first. There may be a period of time that Jennifer will not be doing webcam chats in which she will notify the Lifetime members when she will be starting them again and they will have first choice of day and time for chats.

PRICE INCREASE: After speaking with a few people regarding membership fees, it has come to my decision that we must increase prices effective 8/23/04. It has been over 5 years since we have had an increase and due to photo shoot costs, website maintenance, increased merchant fees, etc., we will need to increase to the following:
1 month recurring: $22.95
3 month recurring: $59.95
6 month non recurring: $119.95
1 year non recurring: $199.95
Lifetime membership: See lifetime link for details.
This notice will also be emailed out to each member. Jenniferlavoie.com is not responsible for those not reading emails sent by us regarding this new information. This information will be posted in journal area, sent via email, and added to the terms and policies section. If you wish to cancel, please email me and I will take care of your membership and send you a confirmation email back. See above regarding confirmation.

NEW PASSWORD SYTEM / 4/19/07: We have just installed a new password system and everyone that was a member from4/19/07 and prior has been manually entered in. You may go in and change your user name and password but if you want to cancel membership, you must notify me via email, DO NOT just change info in the password system. Once I receive email you will get a confirmation email back. If you do not receive one within 24 hours, this means that you did not email me correctly and you need to do it again. There are NO REFUNDS so be sure you receive a confirmation cancellation email.

AUCTIONS: Once a bid is placed and bidder has won an item, bidder may not renig on the bid. If payment is not made, a $25.00 fee for each item will be charged to the credit card we have on file or a money order can be used. This fee is to reimburse Jennifer Lavoie for the uploading of auction item/s to her website. This amount is non negotiable. If member does not pay this amount, a lawsuit will be issued. See Jurisdiction.

HARASSMENT.

Jennifer Lavoie has the right to terminate any membership in the event that she feels a member is harassing her or any other member of the site at JenniferLavoie.com. The grounds for termination can be purely subjective and based on the views of Jennifer Lavoie.

CREDIT CARD FRAUD.

Fraudulent use of credit cards can and will be prosecuted to the full extent of all applicable laws. This includes entering false names and false credit card numbers. A member that issues a chargeback after becoming a member will be charged a $35.00 chargeback fee. If payment is not made within 30 days, Jennifer will file a small claims suit in the amount of $1500.00 for credit card fraud.


DISCLAIMER.

THE MATERIALS IN THIS SITE ARE PROVIDED "AS IS" AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, Jenniferlavoie.com DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Jenniferlavoie.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. JenniferLavoie.com DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS IN THIS SITE IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.





LIMITATION OF LIABILITY.

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL JenniferLavoie.com BE LIABLE FOR ANY SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE MATERIALS IN THIS SITE, EVEN IF JenniferLavoie.com OR a JenniferLavoie.com AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. APPLICABLE LAW MAY NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY OR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU. IN NO EVENT SHALL Jennifer Lavoie's TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE), OR OTHERWISE) EXCEED THE AMOUNT PAID BY YOU, IF ANY, FOR ACCESSING THIS SITE.


OTHER. These terms shall be governed by and construed in accordance with the laws of the State of New Hampshire, without giving effect to any principles of conflicts of law. You agree that any action at law or in equity arising out of or relating to these terms shall be filed only in the state or federal courts located in Hillsboro County and you hereby consent and submit to the personal jurisdiction of such courts for the purposes of litigating any such action. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between us relating to the subject matter herein and shall not be modified except in writing, signed by both parties.

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