Terms of Use

(Last Updated December 18, 2020)

 Thank you for your interest in Ask Jenna. Ask Jenna is your experience concierge, connecting you to the things you’ve been wanting to do but haven’t had time to plan (our “Services”). We get to know you and your interests and send monthly options that are customized for you. We take care of all of the planning—all you have to do is show up to your experience and enjoy.  

We provide access and information regarding our Services through our website, http://www.iAskJenna.com (the “Website”). Ask Jenna, the Website, and our Services are owned and operated by Ask Jenna LLC, a District of Columbia limited liability company (“Ask Jenna”). The terms “Ask Jenna”, “we”, “our”, and “us” refer to the Website, Ask Jenna, and our affiliates.  

1. About Us. We provide an experience concierge service to connect you and your loved ones to the things you’ve been wanting to do but haven’t had the time to plan. We take care of all of the planning to make unique experiences possible—all you have to do is show up to your experience and enjoy. 

2. Your Relationship to Us. You are a “Member” if you are paying for a subscription to our Services. These Terms constitute a legally binding agreement made between you and us, concerning your access and use of the Services and the Website. You agree that by accessing the Website and/or subscribing to the Services, you have read, understood, and agree to be bound by all of these Terms. If you do not agree to any of these Terms, you may not use our Services and you must discontinue your use of our Website. Supplemental terms and conditions or documents that may be posted on the Website from time-to-time are hereby expressly incorporated herein by reference. 

3. Member Responsibilities. Member shall: (i) furnish any and all data and/or information reasonably requested by us as and when required by us to the extent reasonably necessary for us to fulfill our responsibilities and adequately provide the Services. In the event of a Member-caused delay, we may be unable to provide Services, however in no event shall the same give rise to a refund or pro-ration of any fees payable to us. For Member-caused delays or cancellations of scheduled experiences, Member will be responsible for all expenses associated with the experience. 

4. Privacy Statement. By agreeing to these Terms, using the Website and/or receiving the Services, you agree to be bound by our Privacy Statement. 

5. License. Subject to these Terms, and provided that you are eligible to use the Website, you are granted a non-exclusive, non-transferable, limited license to access the Website and use our Services. We reserve all rights not expressly granted to you in and to the Website, its content, and associated trademarks. 

6. Who Cannot Use Our Services? You may not use our Services if you are:

a.  A Minor. None of our Services are intended for use by minors. If you are a minor (i.e., under the age of eighteen (18), you may not use our Services.

b. A Competitor. You may not use or replicate our Services, without our prior written consent, if you are a competitor of ours or affiliated with a competitor of ours, as determined by us, in our sole discretion. A competitor shall include any person or entity that offers the same or similar services to us.

c. Not Located in the U.S. You may not use our Services if you are not located in the U.S.

7.   Subscription Rates and Plans. The rate for our provision of Services are made available to each Member upon sign-up on the Website (the “Subscription Rate”). Paying the monthly Subscription Rate permits each Member to be entitled to receive Services including, but not limited to, customized experiences at such frequency as established when you signed up on the Website; early planning for anniversaries, birthdays, and other special dates; early and discounted access to exclusive Ask Jenna community experiences; and access to an Ask Jenna experience architect who will send details ahead of your monthly experience and answer any questions leading up to and during your experience. 

8. Large and Other Event Experiences. Large event experiences (each a “Large Event”) shall include those events which are catered and coordinated for active Ask Jenna Members and an additional 5 or more guests. Notwithstanding the size of any desired event, we reserve the right to refuse to cater and coordinate any event which we determine in our sole and absolute discretion to be objectionable. Ask Jenna, in its sole and absolute discretion, may require a separate contract to memorialize the terms of a Large Event. 

9. Term and Termination. Our provision of Services to Member shall commence as of the date that the Member subscribes for such Services through the Website and shall continue on a monthly basis thereafter, unless terminated in accordance with this Section (the “Term”). The Services shall be terminable by us or Member for any reason following thirty (30) days’ written notice to the other party. The foregoing notwithstanding, we may terminate the provision of Services immediately and without the necessity of advanced notice in the event of Member’s breach of these Terms, or if Member fails to cooperate or otherwise provide information requested by us. 

10. Fees, Expenses, and Payment. Member shall pay us the Subscription Rate monthly for the upcoming calendar month.  Further, Members shall be billed for any and all expenses paid by Ask Jenna on their behalf as well as any processing fees and out-of-pocket expenses associated with the provision of the Services. All payments shall be made via credit/debit card or ACH in advance. You agree to pay the then current subscription fee and authorize us to charge your credit or debit card in full beginning on the date you register your account and monthly thereafter, unless you give us written notice no fewer than fourteen (14) days in advance of the succeeding month. No payment by Member of a lesser amount than the total amount due shall be deemed to be a payment in full, nor shall any endorsement or statement on any check or any letter accompanying any check or payment be deemed an accord and satisfaction, and we may accept such check or payment without prejudice to our right to recover the balance of such amount due or pursue any other remedy provided for herein. All amounts payable to us shall be non-refundable and not subject to pro-ration, notwithstanding any termination of the Services. We may, without limitation or penalty, discontinue the provision of Services in the event of a dispute and/or delinquent payments until Member has paid in full. New or additional Services requested by Member (“Extra Services”) shall be billed at our then prevailing rates. Fees, expenses, and payments due to us by Member shall not be subject to set-off or counterclaim.

11. Taxes. Unless otherwise stated, you are responsible for any sales or use taxes or duties associated with the sale of our Services (collectively, “Taxes”) and must pay us without any reduction for Taxes. If we are obliged to collect or pay Taxes, any such Taxes will be payable by you and charged to your credit card on file with us.  

12. Third-Party Content. Our Services may contain references or links to third-party websites that are not owned or controlled by us. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites. In addition, we will not, and cannot, censor or edit the content of any third-party website. We shall have no liability arising from your use of any third-party website. 

13. Third-Party Services. Our Services are limited to the coordination of experiences between you and third-party providers, unless pre-paid for by Ask Jenna. You will be responsible for making payment to any applicable third-party product or service provider and abiding by such party’s rules, terms, and conditions of service. We take no responsibility whatsoever in relation to such purchases which are exclusively between you and the applicable third party. We do not endorse the products or services offered by any third parties.  Further, you waive any claim against us and agree to hold us harmless from any harm caused by your purchase of such products or participation in such services. 

14. Our Copyright and Intellectual Property Rights. Unless otherwise indicated, the Website is our proprietary property and all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics on the Website, and the trademarks, service marks, and logos contained therein, are owned or controlled by us or licensed to us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, international copyright laws, and international conventions. The Website content and marks are provided on the Website for your information and personal use only. No part of the Website and no content or marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission. 

15. Account Management. You may be required to register with the Website. You agree to keep your password confidential and will be responsible for all use of your account and password. 

16.  Disclaimers and Limitations. This Section includes important disclaimers and limitations on our liability.

a.  As Is. To the maximum extent permitted by law, the Website and our Services are provided entirely "as is," without any warranty whatsoever, and all warranties of any kind, either express or implied, including without limitation any implied warranties of merchantability, fitness for a particular purpose, or non-infringement, are hereby expressly disclaimed, and you hereby waive all such warranties. No advice or information, whether oral or written, obtained by you from us or through or from our applications shall create any warranty.

b. Limitation of Liability. To the maximum extent permitted by law, under no circumstances shall we or our members, managers, officers, employees, contractors, subcontractors, suppliers, agents, affiliates, subsidiaries, successors, or assigns be liable to you or any third-party for any consequential, incidental, indirect, exemplary, special, liquidated, or punitive damages, including lost revenues, lost profits, loss of data, or loss of goodwill, relating to your or a third-party’s use of the Website or our Services, regardless of whether the claim giving rise to such damages is based upon breach of warranty, breach of contract, negligence, tort, or other theory of liability, even if we have been advised of the possibility thereof. Moreover, we shall not be liable for any delay or temporary disruption of any access to the Services, regardless of such length, due either to technical problems or circumstances beyond our control. Access to, and use of, the Website and Services is at your own discretion and risk, and you will be solely responsible for any damages resulting therefrom.

c. COVID-19. While participating in any events organized or coordinated by us, Members must practice social distancing and wear face coverings at all times to reduce the risks of exposure to COVID-19 to themselves and others. We cannot guarantee that Members or event participants, volunteers, partners, vendors, or others in attendance will not become infected with the COVID-19 virus as a result of attending such event or receiving our Services. Member and event attendees must self-monitor for signs and symptoms of COVID-19 and contact us if Member or event attendees show any symptoms of COVID-19 within fourteen (14) days prior to the scheduled event. If you are unable to attend any scheduled event, or if any venue or vendor should no longer be in a position to host or provide products or services for the event, due to any reason related to COVID-19, then Member shall not be entitled to any refund unless agreed to by us in writing, which refund determination shall be in our sole and absolute discretion.

d. Cap on Damages. To the maximum extent permitted by law, notwithstanding anything herein to the contrary, our cumulative liability to you for any and all causes of action arising out of or relating to the Services shall not exceed, in the aggregate, the lesser of: (i) the sum of the fees which were paid by you to us within the three (3) month period immediately preceding the event giving rise to the claim; or (ii) Five Thousand Dollars ($5,000), regardless of whether the claim giving rise to such damages is based upon breach of warranty, breach of contract, negligence, tort, or other theory of liability. 

17.           Changes and Updates

a.  Changes to Website and Services. We may, in our sole discretion, add, alter, or remove functionality or features from our Website at any time, without prior notice, and for any reason. We may also change, alter, limit, suspend, or discontinue our Services at our sole and absolute discretion. Upon the occurrence of any changes to the Services, you waive any right to receive specific notice of each such change.

b.  Changes to Terms. We may change these Terms at any time and for any reason, such as to reflect changes in applicable law or updates to our Services, and to account for new Services or functionality. Changes will be effective the day they are posted on the Website. If you do not agree to any changes made to these Terms, you must immediately discontinue using our Services, because by continuing to use our Services you indicate your agreement to be bound by the updated terms. 

18. Non-Disparagement. Neither party shall make any statement publicly, in writing or by other media, disparaging the other party or any of the third-party providers, and each party’s actions (including actions by their owners, managers, officers, affiliates, employees, and third-party agents), whether by omission or commission, that harms the public or private perception of the other party, will constitute a material breach of these Terms. However, the foregoing is not intended to preclude accurate and factual reporting by either party in connection with any law, regulation, or legal right. 

19. Force Majeure. If the performance of any of the Services by us or a third party provider is prevented, hindered, delayed, or otherwise made impracticable by reason of any flood, riot, fire, judicial or governmental action, acts of terrorism or war, labor disputes, act of God, epidemic or pandemic, interruptions in telecommunications, internet services or network provider services, or any other causes beyond our control, we and any applicable third-party service provider shall be excused to the extent that performance of the Services is prevented, hindered, or delayed by such causes and we shall not be liable for any delay or temporary disruption of any Services resulting therefrom. 

20. Miscellaneous. These Terms shall serve as the complete agreement between the parties concerning the Services and may only be modified in a writing signed by an authorized representative of you and us. If any provision of these Terms is held by a court of competent jurisdiction to be void or unenforceable, such court may interpret any such provision to the fullest extent of the law with respect there to and the remaining provisions hereof shall remain in full force and effect, to be read and construed as if the void or unenforceable provisions were originally deleted or modified as provided by such court. You shall reimburse us for all expenses, including attorneys' and expert witness fees, court costs, and all other expenses incurred by us in attempting to enforce any of our rights hereunder. Any notices, requests, demands, waivers, consents, approvals, confirmations or other communications (each, a “Notice”) that is required hereunder shall be made in writing and be deemed given only if delivered personally, sent by facsimile (with transmission confirmed), by prepaid U.S. certified mail (return receipt requested), or by prepaid express courier, addressed to the parties. All Notices to us, shall also be copied to Momentum Law Group, Attention: Michael S. Gottlieb, Esq., 9211 Corporate Boulevard, Suite 350, Rockville, Maryland 20850, facsimile (301) 658-2114. The waiver by either party of the breach of any provision these Terms by the other party shall not operate or be construed as a waiver of any subsequent or other breach by that other party. The Agreement shall be governed by and construed in its entirety in accordance with the laws of the District of Columbia, without regard to any conflict of laws. Any legal action arising under the Agreement shall be instituted solely in, the District of Columbia. These Terms shall not be construed more strictly against any party merely by virtue of the fact that the Terms may have been drafted or prepared by such party or its counsel. You expressly waive your right to a jury trial.