Hello! Welcome to Jennifer Bank’s Terms of Service. Please read this carefully before engaging in our services or products. This is a contract between you (“Client”) and Jennifer Banks International, Inc. (together with its affiliates, officers, directors, agents, employees, representatives, partners and their respective affiliates, collectively, "Jennifer Banks", “Company” or “we”) and governs your access and use of the “jenniferbanks.com” website (“Website”) as well as any services related to education, seminars, consulting, coaching, business-coaching or other services provided by Jennifer Banks (“Services”). By accessing engaging, or purchasing the Services, you signify that you have read all of the terms and conditions in, and linked to, this Agreement and you agree to be bound by this Agreement.
This Agreement may be modified by Jennifer Banks in her sole discretion from time to time and such modifications shall automatically be effective once posted on the Website (as indicated by the posted update date).
1. Company’s Services
The Company agrees to render Services to you. The scope of Services rendered shall be limited to the specific description listed on Website. By purchasing a specific package you agree to the Services listed therein. Company reserves the right to substitute services equal to or comparable for Client if the need arises.
Client agrees to compensate Company according to the payment schedule set forth on the Company’s website and the payment plan selected by Client (the “Fee”) or the pay in full price of special offers advertised on the Company’s social media outlets (Instagram, Facebook & LinkedIn). Company shall charge a 5% (five-percent) late penalty to all balances that are not paid in a timely manner by Client.
Upon execution of this Agreement, Client shall be responsible for the full extent of the Fee. If client cancels attendance at the Services for any reason whatsoever, Client will receive no refund.
4. Chargebacks and Payment Security
To the extent that Client provides Company with Credit-Card(s) information for payment on Client’s account, Company shall be authorized to charge Client’s Credit Card(s) for any unpaid charges on the dates set forth herein. If client uses a multiple payment plan to make payments to Company, Company shall be authorized to make all charges at the time they are due and not require separate authorization in order to do so. Client shall not make any chargebacks to Company’s account or cancel the credit card that is provided as security without Company’s prior written consent. Client is responsible for any fees associated with recouping payment on chargebacks and any collection fees associated therewith. Client shall not change any of the credit card information provided to Company without notifying Company in advance.
5. No Resale of Services Permitted
Client agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Services (including course materials), use of the Services, or access to the Services. This agreement is not transferrable or assignable with the Company’s without the Company’s prior written consent.
6. No Transfer of Intellectual Property
You acknowledge and agree that Company owns all legal right, title and interest in and to all other elements of the Services, and all intellectual property rights therein (including, without limitation, all copyright, trademark, curriculum, content, art, designs, systems, methods, information, computer code, software, services, “look and feel”, organization, compilation of the content, code, data, and all other elements of the Services (collectively, the “Company Materials”)). You acknowledge that the Company Materials are protected by copyright, trade dress, patent, and trademark laws, international conventions, other relevant intellectual property and proprietary rights, and applicable laws. All Company Materials are the copyrighted property of Jennifer Banks or its licensors, and all trademarks, service marks, and trade names associated with the Services or otherwise contained in the Company Materials are proprietary to Jennifer Banks or its licensors. Except as expressly set forth herein, your use of the Services does not grant you ownership of or any other rights with respect to any content, code, data, or other Company Materials that you may access on or through the Services. We reserve all rights in and to the Company Materials that are not expressly granted to you in these Terms. For the sake of clarity, you understand and agree: (a) that your purchase of the Services, does not give you any rights or licenses in or to the Company Materials (including, without limitation, our copyright in and to the associated Art) other than those expressly contained in these Terms; (b) that you do not have the right, except as otherwise set forth in these Terms, to reproduce, distribute, or otherwise commercialize any elements of the Company Materials (including, without limitation, any Art) without our prior written consent in each case, which consent we may withhold in our sole and absolute discretion; and (c) that you will not apply for, register, or otherwise use or attempt to use any Company trademarks or service marks, or any confusingly similar marks, anywhere in the world without our prior written consent in each case, which consent we may withhold at our sole and absolute discretion.
7. Limitation of Liability
You understand and agree that we, our subsidiaries, affiliates, and licensors will not be liable to you or to any third party for any indirect, incidental, special, consequential, or exemplary damages which may incur, howsoever caused and under any theory of liability, including, without limitation, any loss of profits (whether incurred directly or indirectly), loss of goodwill or business reputation, loss of data, cost of procurement of substitute goods or services, or any other intangible loss, even if we have been advised of the possibility of such damages.
You agree that our total, aggregate liability to you for any and all claims arising out of or relating to these terms or your access to or use of (or your inability to access or use) any portion of the services, whether in contract, tort, strict liability, or any other legal theory is limited to the greater of (A) the amounts you actually paid us under these terms in the 12 month period preceding the date the claim arose, or (B) $100.
8. Disclaimer or Guarantee
Client accepts and agrees that she/he is 100% responsible for her/his progress and results from the Services. Client accepts and agrees that she/ he is the one vital element to the Services’s success and that Company cannot control Client. Company makes no representations or guarantees verbally or in writing regarding performance of this Agreement other than those specifically enumerated herein. Company and its affiliates disclaim the implied warranties of titles, merchant ability, and fitness for a particular purpose. Company makes no guarantee or warranty that the Services will meet Client’s requirements or that all clients will achieve the same results.
9. Client Conduct
To the extent that Client interacts with Company staff and/or other Company clients, Client agrees to at all times behave professionally, courteously, and respectfully with staff and clients. Client agrees to abide by any Course Rules/Regulations presented by Company. The failure to abide by course rules shall be cause for termination of this Agreement. In the event of such termination, Client shall not be entitled to recoup any amounts paid and shall remain responsible for all outstanding amounts of the Fee.
10. No Substitute for Medical Treatment
Client agrees to be mindful of his/her own wellbeing during the course and seek medical treatment (including, but not limited to psychotherapy), if needed. Information received from Services should not be considered medical advice. Clients should always talk to an appropriately qualified health care professional for diagnosis and treatment, including information regarding which medications or treatment may be appropriate for you. We do not represent or warrant that any particular medication or treatment is safe, appropriate, or effective for you. Company is not responsible for any decisions made by Client as a result of the coaching and any consequences thereof.
In the event that Client is in arrears of payment or otherwise in default of this Agreement, all payments due hereunder shall be immediately due and payable. Company shall be allowed to immediately collect all sums from Client and terminate providing further services to Client. In the event that Client is in arrears of payments to Company, Client shall be barred from using any of Company’s services.
During the Services, each party hereto (the “Disclosing Party”) may disclose to the other party (the “Receiving Party”) information in connection with the performance of this Agreement, including without limitation technical data, trade secrets, plans for products or services, Client or supplier lists, marketing plans, software, source code for software, financial documents or data, inventions, processes, technology, and designs or any other information which by its nature or the context of its disclosure should reasonably be understood to be confidential (“Confidential Information”). Company and Client shall use the Confidential Information of the other party solely to perform their obligations under this Agreement, and all Confidential Information shall remain the sole property of the Disclosing Party. The Receiving Party shall hold the Confidential Information in strict confidence and shall not make any disclosure of the Confidential Information (including methods or concepts utilized in the Confidential Information) to anyone during the Term and for a period of two (2) years thereafter without the express written consent of the Disclosing Party, except to employees, consultants or agents to whom disclosure is necessary to the performance of this Agreement and who have executed a confidentiality agreement with the Receiving Party, or are otherwise bound by a duty of confidentiality, pursuant to which such persons are required to maintain the confidentiality of the Confidential Information. Each of the Parties shall use the same care as it uses to maintain the confidentiality of its confidential information of the same or a similar nature, which shall in no event be less than reasonable care.
In the event that a dispute arises between the Parties or a grievance by Client, the Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. In the event of a dispute between the Parties, the parties agree that they neither will engage in any conduct or communications, public or private, designed to disparage the other. Under no circumstances will either Party engage in slander, libel, defamation, or disparagement of any kind against the other party.
Client shall defend, indemnify, and hold harmless Company, Company’s shareholders, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever - including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorney’s fees, and disbursements - which any of them may incur or become obligated to pay arising out of or resulting from the offering for sale, the sale, and/or use of the product(s), excluding, however, any such expenses and liabilities which may result from a breach of this Agreement or sole negligence or willful misconduct by Company, or any of its shareholders, trustees, affiliates or successors. Client shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Company recognizes and agrees that all of the Company’s shareholders, trustees, affiliates and successors shall not be held personally responsible or liable for any actions or representations of the Company.
15. Controlling Agreement
In the event of any conflict between the provisions contained in this Contract and any marketing materials used by Company, Company’s representatives, or employees, the provisions in this Agreement shall be controlling.
16. Choice of Law/Venue
This Agreement shall be governed by and construed in accordance with the laws of the state of California without giving effect to any principles or conflicts of law. The parties hereto agree to submit any dispute or controversy arising out of or relating to this Agreement to arbitration in the state of California, Orange County pursuant to the rules of the American Arbitration Association, which arbitration shall be binding upon the parties and their successors in interest. The prevailing party is entitled to be reimbursed for all reasonable legal fees from the nonprevailing party in order to enforce the provisions of this Agreement.
17. Entire Agreement
This Agreement constitutes the entire agreement between the parties pertaining to the subject matter hereof and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. This Agreement may be modified only by an instrument in writing duly executed by both parties.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of sums owed set forth in this Agreement, and any other provisions that by their sense and context the parties intend to have survive, shall survive the termination of this Agreement for any reason.
If any of the provisions contained in this Agreement, or any part of them, is hereafter construed to be invalid or unenforceable, the same shall not affect the remainder of such provision or any other provision contained herein, which shall be given full effect regardless of the invalid provision or part thereof
20. Other Terms
Upon execution by clicking “I agree,” and/or making payment via the Company’s shopping cart, the Parties agree that any individual, associate, and/or assign shall be bound by the terms of THIS AGREEMENT. A facsimile, electronic, or e-mailed executed copy of this Agreement, with a written or electronic signature, shall constitute a legal and binding instrument with the same effect as an originally signed copy.