Last Updated: July 31, 2025.
Thank you for considering enrolling in The Freelancing Program!
Please carefully review these Terms of Purchase. By purchasing The Freelancing Program, you are acknowledging and agreeing that you have been given reasonable access and opportunity to review these Terms of Purchase prior to your purchase. These Terms of Purchase are binding as of the date of purchase or access to The Freelancing Program.
These Terms of Purchase are between you (hereinafter: the “Customer,” “You,” or “Your”) and Jimbo LLC, a Company in the state of California (hereinafter: the “Community Owner,” “Company,” “We,” “Us,” or “Our”). The purpose of this Agreement is to govern the purchase of the The Freelancing Program (hereinafter: the “Program”), whether made by the Customer via any of the Company’s official platforms, including www.thefreelancingprogram.com, www.jamiebrindle.io, https://the‑freelancing‑community.circle.so, any associated domains, subdomains, or offline/in‑person channels (hereinafter: the “Website”). Collectively, the Company and the Customer are the “Parties” to this Agreement, and each individually a “Party”.
Understand that by clicking the payment button, entering your credit card and/or debit card information, making a payment via cash, PayPal, Stripe, or other means, or by enrolling, subscribing, or otherwise agreeing electronically, verbally, or through any other method via the Website, you are agreeing to adhere to and be bound by these Terms of Purchase, together with the Terms of Use, Disclaimer and our Privacy Policy, all of which are hereby incorporated by reference (hereinafter: the “Terms” or “Agreement”):
1. INTRODUCTION
The Company offers online courses and educational materials designed for individuals and business owners. The Company has developed the Program specifically to provide a course and community to help freelancers build successful and sustainable businesses.
The Program is a monthly or yearly subscription that includes live sessions, pre-recorded videos, a private Program community, digital templates and/or other resources to assist the Customer in better understanding the techniques and strategies discussed in the Program.
2. PROGRAM SPECIFICS
(a) Subscription Options and Access –
This Program offers two subscription options: Monthly and Annual. Customers may select their preferred subscription at checkout and will be bound by that choice for the duration of their active subscription. Subscription access to both the Program and community begins immediately upon successful payment.
Customers will retain access to the Program and community only while their subscription remains active. If a payment fails or a subscription is canceled or otherwise terminated, access to all Program content and the community will be revoked.
(b) Add-Ons: 1:1 Session with Jamie Brindle –
Customers may have the option to purchase a one-on-one session with Jamie Brindle (the “Session(s)”). Sessions are not included in the standard subscription and must be purchased separately. All Sessions are subject to availability and require separate scheduling by the Customer.
Scheduling and Rescheduling: Customers are responsible for selecting a time slot that works with their availability. Customers may cancel or reschedule a Session at least forty-eight (48) hours in advance of the scheduled time and receive a full refund or reschedule without penalty.
Late Cancellations and No-Shows: Cancellations or rescheduling attempts made less than forty-eight (48) hours before the scheduled Session, or failure to attend the Session without notice, will result in forfeiture of the Session without a refund and without the ability to reschedule.
Refund Eligibility for Sessions: Refunds are available only if the Customer cancels the Session at least forty-eight (48) hours in advance. All refunds will be processed to the original method of payment within a reasonable timeframe. Any exceptions to this policy will be considered on a case-by-case basis at the sole discretion of the Company.
No Guarantee of Availability: The availability of Sessions is limited and subject to Jamie Brindle’s calendar. The Company makes no guarantees that Sessions will be available at any given time and reserves the right to pause or discontinue the offer of one-on-one Sessions at its sole discretion.
(c) Bonuses –
Enrollment in the Program does not guarantee access to all bonuses. Certain bonuses may be available as separate purchases or offered only during specific promotions. All such bonuses and add-ons are governed by their own terms and conditions.
(d) Substitution of Services –
The Company reserves the right to modify, update, or replace any elements of the Program with services of equal or comparable value if reasonably required due to operational, technological, or market-related circumstances, as determined solely by the Company.
(e) Program Distribution –
This Program may be distributed either directly by the Company or through a third-party platform. Platform access and experience may vary depending on the distribution method.
3. TERM
The Term of this Agreement shall remain in effect for as long as the Customer maintains an active subscription to the Program. The Customer’s access to the Program and community will continue month-to-month or year-to-year, depending on the subscription selected at checkout, and will renew automatically unless canceled by the Customer or the Company.
Notwithstanding the expiration or termination of the Customer’s subscription, the following Sections shall survive the Term of this Agreement: Sections 4, 5, 7, and 9 through 12.
4. PAYMENT & FEES
Upon subscribing to the Program, the Customer agrees to pay the applicable subscription fee (hereinafter: the “Fee”) based on the billing option selected at checkout (monthly or annual). The Fee will be charged on a recurring basis using the payment method provided by the Customer until canceled in accordance with this Agreement.
(a) Billing Authorization –
By subscribing to the Program, the Customer authorizes the Company and its third-party payment processor to automatically charge the selected payment method on a recurring basis (monthly or annually, as selected) without the need for separate authorization for each transaction.
(b) Failed Payments –
If a recurring payment fails for any reason, access to the Program and community will be automatically suspended by the third-party platform (e.g., CircleCo, Inc.). The Customer may update their payment information and restore access at any time during the grace period provided by the third-party platform. The Company does not guarantee access to Program content or the community during periods of non-payment and is not responsible for any loss of access or data due to failed payments.
If payment is not successfully processed after the platform’s retry attempts, the Customer’s subscription will be canceled, and access to the Program and community will be permanently revoked.
If the Customer chooses to return and re-subscribe at a later date, they may do so through the current public checkout page and/or Website. However, the Company does not guarantee the availability of any previous pricing, promotional offers, or bonuses. Reinstatement will be subject to the terms and pricing in effect at the time of re-subscription.
(c) Subscription Cancellation –
Customers may cancel their subscription at any time through their account settings. Access to the Program and community will continue until the end of the current billing period. No refunds or partial credits will be issued for unused portions of a billing cycle.
(d) Chargebacks –
The Customer agrees not to initiate any chargebacks, payment reversals, or unauthorized transaction disputes (including but not limited to claims through PayPal, Stripe, or their banking institution) without first providing the Company with written notice of the issue and at least five (5) business days to respond and attempt resolution. Initiating a chargeback without such notice shall constitute a material breach of this Agreement.
In the event of a chargeback or payment reversal:
• The Customer’s access to the Program and community will be immediately revoked.
• The Customer will remain responsible for any outstanding amounts owed for services already rendered.
• The Customer agrees to reimburse the Company for all fees and costs incurred as a result of the chargeback, including but not limited to processing fees, administrative fees, collections costs, and attorneys’ fees.
The Company also reserves the right to report the incident to credit reporting agencies as a delinquent account, to the extent permitted by law.
Following a chargeback, the Customer will be blacklisted from future Programs. Requests for reinstatement may be considered on a case-by-case basis at the sole discretion of the Company and will require payment in full of any outstanding balances. Any reinstatement shall be subject to current pricing and availability. Previously offered promotions, discounts, or bonuses will not be honored.
(e) Foreign Fees and Taxes –
Company will not be held accountable or liable to pay any foreign fees or additional fees that are outside Company’s control, including but not limited to foreign transaction fees charged by Customer’s bank, exchange rates, and VAT or local taxes.
(f) Promotions and Discounts –
Company may occasionally market and/or advertise promotions, discounts, limited-time offers, and/or bonuses (“Promotions”) to potential customers. You are entitled to take advantage of any active Promotions when you purchase our Program. Promotions are offered manually and/or through automated campaigns at any given time and are not guaranteed to be available when you make a purchase through the Website. We reserve the right to change or alter any Promotions at any time and at our sole discretion. If you made a purchase of our Products prior to any associated Promotions, we are unable to honor the new offer, give you store credit, or return a portion of your purchase.
5. NO REFUND POLICY
The Company is committed to providing a high-quality experience in the Program. All sales are final and we maintain a no-refund policy. By purchasing the Program, the Customer acknowledges and accepts this policy, agreeing to be responsible for all Fees as per the terms of this Agreement.
Notwithstanding the above, the Company reserves the right to issue refunds in exceptional circumstances, to be determined on a case-by-case basis at its sole discretion. The issuance of a refund in one instance does not entitle the Customer or any other participant to a refund in similar or future circumstances.
6. TERMINATION
(a) Customer Termination –
The Customer may cancel their subscription to the Program at any time through their account settings. Cancellation will take effect at the end of the current billing cycle, and the Customer will retain access to the Program and community until that time. No refunds or partial credits will be issued for unused time within a billing period.
Customer dissatisfaction with the Company, Program content, teaching style, or community experience does not entitle the Customer to a refund or waiver of fees. The Customer remains responsible for any payments already processed prior to cancellation.
(b) Company Termination –
The Company is committed to providing quality service to all Customers. However, from time to time, situations arise that require the Company to terminate the Agreement before the Term ends.
As such, Company reserves the right to terminate the Agreement for cause at any time during the Agreement, which includes, but is not limited to: 1) Customer fails to follow Program or community guidelines; 2) abusive, harassing, or harmful behavior toward the Company or other Customers; 3) disruption of the Program environment; 4) for any other legitimate business purposes in the best interest of the Company.
In the event of such termination, the Customer’s access will be revoked immediately. The Customer will not be entitled to a refund for the current billing period but will not be charged for any future periods following termination. Future eligibility for re-subscription shall be at the sole discretion of the Company.
7. DISCLAIMERS
(a) The Company is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Customer’s business.
(b) Customer understands that the Program is created to help Customer learn new skills and assist Customer with finding their own direction. The Program may offer guidance regarding business or life decisions, but it is the responsibility of the Customer to make the final decision and choose the best option for themselves. Customer understands that the Program has been designed by Company for general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of traditional business practices. Through the Program, the Company might provide guidance regarding business or life decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision.
Customer hereby acknowledges that Customer is solely responsible for the amount and type of income that Customer generates by implementing techniques and advice provided by Program.
Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Program will provide Customer with a lucrative business. Customer also agrees that they are solely responsible for any decision Customer makes and indemnifies the Company from any liability regarding said decision. By using Company’s services and purchasing this Program, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Customer agrees that Company will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program.
Customer agrees that use of the Program is at Customer’s own risk.
(c) Customer hereby acknowledges that business and mindset coaching are subjective services and Company’s methods to provide this service may change in terms of style and/or technique. The Company may use its personal judgment to provide the Program services to the Customer, even if these methods do not follow strict adherence to Customer’s suggestions.
(d) This Program may include access to third-party content, provided as a courtesy. Company is not responsible or liable for any third-party content inside the Program.
(e) This Program does not include: 1) procuring business or potential Customers for Customer; 2) performing any business management services for Customer, such as accounting, operations, research, or development; 3) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 4) publicity, public relations and/or social media marketing services; 5) legal or financial advice; 6) introduction to Company’s professional network and business relationships; 7) unlimited feedback.
(f) Communication With Other Members –
The Company shall not be held liable, either directly or indirectly, for any communications or interactions that the Customer engages in with other students within the Program, third-parties that may or may not be part of the Program or with individuals in third-party channels that are connected to or arise out of the Program. For instance, as part of the Program, the Company may encourage students to broaden their marketing message by collaborating with other third-parties. These are mere suggestions, and it is important to note that creating relationships and communicating with third-parties is the sole responsibility and at the sole discretion of the Customer. Company is not liable for the actions of those third-parties, nor is Company to be held responsible for any communications, conflicts, or damages that occur through Customer’s communication and/or collaboration with a third-party. While the Company will take reasonable measures to ensure there is no injurious communications inside the Program, it is the responsibility of all Customers to act with their own volition and discretion when communicating with others.
(g) Media Release For Live Sessions –
Customer acknowledges that all live sessions of the Program are recorded. The Customer hereby grants the Company an irrevocable, perpetual, and royalty-free right to use their name, image, and likeness in connection with the recorded live sessions. This right includes, but is not limited to, the use of such recordings for educational, promotional, and commercial purposes, including publication on external platforms such as Youtube and the Company’s website.
Customer hereby agrees that they shall not have the right to request, demand, or otherwise insist upon the Company to remove, edit, unpublish, or otherwise alter the content of the live session recordings once they are released and published on the Program portal or any external platform. All such recordings are subject to the sole discretion of the Company in terms of content, editing, and publication.
Any requests by the Customer to edit, remove, or alter live sessions recordings will be considered but are not guaranteed and remain at the sole discretion of the Company.
This release is binding and continues in perpetuity, allowing the Company unrestricted use of the recorded live sessions as described herein.
8. CUSTOMER’S RESPONSIBILITIES
(a) Program Limitation And Customer Accountability –
The Program is designed solely for educational purposes. The Company has established its proprietary Program in order to educate and inspire Customers to pursue their personal and business goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Program. Customer accepts and agrees that Customer is 100% responsible for their results from the Program. Customers acknowledge that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain their goals by simply enrolling in the Program or utilizing the tools, resources, or advice provided therein.
Nevertheless, Customer acknowledges that they can optimize their potential results from the Program by adhering to the following:
Take Action and Participate Fully
• Act on the insights, feedback, and strategies discussed in the Program.
• Focus on implementing small, consistent steps that move you toward your goals.
• Share your wins and struggles—celebrating small progress builds momentum.
• Completion of all Program material, including assignments and worksheets if applicable.
Build Connections
• Engage with your peers to foster meaningful relationships.
• Support one another through shared insights and encouragement.
Take 100% responsibility for your results, 100% of the time.
(b) Community Guidelines –
By participating in the Program and executing this Agreement, Customer hereby agrees to abide by all Company Program Community Guidelines, which are as follows:
Respect and Conduct
• Treat others with courtesy and professionalism at all times.
• Do not engage in bullying, harassment, hate speech, or defamatory remarks.
• Maintain a respectful tone in all written and verbal communications.
• Avoid spam, solicitation, or self-promotional content unless explicitly invited by the Company.
Participation
• This community is intended for meaningful discussion, support, and feedback.
• Share your questions, insights, and wins in good faith.
• Do not post off-topic content, link-dump without context, or use the space for unsolicited marketing.
Confidentiality
• The community is a private space. The Customer agrees not to screenshot, record, or share any content—written or spoken—outside the Program without express permission from the original poster.
• This includes posts, comments, discussions, coaching content, and call recordings.
Communication Channels
• The Customer agrees to use the designated public community spaces (e.g., Circle) for questions, feedback, and support unless a matter is personal or sensitive.
• For private matters, the Customer may send a direct message or contact [email protected].
Self-Promotion
• The Customer may only promote their services, offers, or external content in designated promotional spaces if and when such spaces are provided.
• Outside of those areas, the Customer agrees to focus on contributing to the community rather than promoting their own business or services.
Failure to comply with these community Guidelines may result in a warning or, in cases of repeated or serious violations, immediate removal from the Program and community without refund, at the sole discretion of the Company.
(c) Zero Tolerance Policy –
Company employs a Zero Tolerance policy inside the Program as it pertains to harassment of Company representatives and/or other Customers inside the Program.
“Harassment” shall include, but is not limited to, abusive language (i.e., excessive cursing, threatening language, name-calling), volume of messages (i.e., demanding responses or sending back-to-back messages without awaiting a reasonable time to allow a response), unwanted communications (i.e., with other students through private channels or DMs), hate speech, intimidation, racial slurs, mocking others, displaying disgust towards others, and more.
If Customer harasses a Company member or other Customers inside the Program, Company will give one (1) warning to Customer to modify their behavior. A second incident will result in immediate removal from the Program without a refund. Decisions regarding harassment are at the Company’s discretion, based on evidence such as writings, emails, and screenshots.
(d) Disputes & Customer Support –
For any issues related to the Program, whether technical, substantive, or otherwise, Customers are to address them through designated private channels to avoid disrupting the community platform. All questions or concerns should be directed to [email protected].
(e) Account Responsibility –
Customers are responsible for maintaining the confidentiality of their account login information. You are fully responsible for any and all activities and conduct, whether by you or anyone else, that occur or are conducted under your account. You agree to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may be held liable for any losses incurred by us or another party due to someone else using your account or password. If you are using a computer that others have access to, you must log out of your account after each session.
9. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT
(a) Confidential Information & Non-Disclosure –
The Company regards the information provided in its Programs as proprietary and confidential. As such, Customer agrees and acknowledges all confidential information shared through this Program and by the Company is confidential, proprietary, and belongs exclusively to the Company.
“Confidential Information” includes, but is not limited to:
• Any systems, sequences, processes or steps shared with Customer;
• Any information disclosed in association with this Agreement;
• Any systems, sequences, processes, or trade secrets in connection with the Program or Company’s business practices.
The Customer agrees not to disclose, share, or use this Confidential Information outside the scope of the Program without express written permission from the Company. Breach of this confidentiality obligation may result in legal action and termination from the Program.
(b) Group Container –
Participants in the Program, as well as in any related third-party channels associated with the Program, may from time to time share sensitive, personal, or confidential information within these group settings. By participating in the Program and these related channels, all Customers acknowledge and understand the private nature of such disclosures. Accordingly, each Customer commits to maintaining the confidentiality of all information shared by fellow participants, both within the Program and in any associated third-party channels. This commitment to uphold confidentiality is crucial for fostering a safe, respectful, and trusting environment across all platforms connected to the Program.
(c) Testimonials –
Use of Customer Success Stories: While the Company is committed to protecting the Customer’s personally identifiable information, it may occasionally use general statements about the Customer’s success as testimonials in its marketing efforts. By agreeing to these Terms, the Customer consents to the Company using their success stories in various media at the Company’s discretion.
Submission of Testimonials: The Company may request testimonials about the Program from the Customer in various formats, including video, audio, or written statements. By submitting a testimonial, the Customer agrees that the Company may use their name, voice, image, and any provided biographical or descriptive materials in connection with the testimonial. This may include edits or alterations to the testimonial, provided that the overall meaning is not significantly altered. Both parties shall implement their best effort to protect Confidential Information from disclosure, misuses, misappropriation, loss, and theft.
No Obligation to Use Testimonials: Submission of a testimonial does not guarantee its use. The Company reserves the sole discretion to decide whether or not to use any submitted testimonials.
Consideration and Release: The Customer acknowledges that they will not receive financial or any other compensation for their testimonial, aside from any potential goodwill and publicity associated with its use. The Customer also agrees to indemnify and hold harmless the Company, its officers, directors, agents, and employees from any claims or liabilities arising from the use of their testimonial, including but not limited to claims related to privacy, appropriation of name or likeness, defamation or right of personality or publicity.
Non-Disparagement: In providing a testimonial, the Customer agrees not to make any claims against the Company regarding its use of the testimonial.
(d) Non-Disparagement –
The Customer agrees to abstain from making any statements, either verbally or in writing, that could negatively affect or harm the reputation, business practices, services, or programs of the Company, both during their participation in the Program and following its completion. This includes avoiding comments that could be construed as damaging to the Company's public image or business interests.
10. INTELLECTUAL PROPERTY & LIMITED LICENSE
(a) Intellectual Property –
This Program and the related content shall be considered intellectual property owned by the Company. The content and components of this Program, including but not limited to trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, images, podcast recordings, workbooks, videos, audio files, and all other materials provided in our Programs, are the exclusive intellectual property of the Company (collectively referred to as “Intellectual Property”).
(b) Limited License –
The Company grants the Customer a limited, personal, non-exclusive, and non-transferable license to use the Intellectual Property solely for the Customer’s personal use and internal business purposes. This Agreement does not transfer ownership or grant any rights to the Company’s Intellectual Property beyond those explicitly stated herein. The Customer acknowledges that their access to the Program is intended for their individual use only.
Restrictions on Use: The Customer is prohibited from copying, reproducing, transmitting, modifying, creating derivative works, altering, selling, or distributing any part of the Program or its content without prior written consent from the Company. This includes unauthorized sharing of the Program or any of its components with non-enrolled individuals.
Protection of Intellectual Property: Any unauthorized use of the Company’s Intellectual Property, including any attempt to replicate, redistribute, or resell the Program or its parts, constitutes a violation of this Agreement and may result in legal action and termination of the Customer’s access to the Program.
Additional Restrictions for Business Owners/Professionals: If Customer is also a business owner or professional in a similar industry, they are specifically prohibited from:
• Teaching or sharing any Company information, methods, solutions, or formulae with their own customers/audience as if it were their own creation.
• Using any of the Program's content or material for their commercial purposes.
• Replicating, publishing, transmitting, transferring, selling, creating derivative works from, or exploiting any of the Company's Intellectual Property without written consent.
(c) Infringement–
Company’s Right to Terminate for Suspicion of Infringement: If the Company suspects that the Customer has breached any of the Intellectual Property restrictions outlined in this Agreement, it reserves the right to terminate the Customer’s access to the Program at any time.
The definition of suspicion includes but is not limited to: identification of Customers content that is based off of Company’s proprietary framework; identification of Customer content that is almost identical and/or confusingly similar to Company’s content; Receipt of third-party notices indicating potential similarities or infringements between the Customers and the Company's content.
Initial Action: In the event that the Company receives information from a third-party that a Customer has misappropriated or used any of the intellectual property belonging to the Company, the Company reserves the right to: immediately remove Customers access to the Program and any other programs created by the Company and investigate Customers usage of the Intellectual Property.
Consequences of Confirmed Infringement: If it is found that the Customer violates any restrictions regarding Company’s Intellectual Property, the Customers limited license will automatically be revoked and terminated, the Customer will be blacklisted from any future programs or content belonging to Company, and the Customer must destroy any downloaded materials in Customer’s possession whether in electronic or printed format.
Legal and Financial Repercussions: If it is found that the Customer violates any restrictions regarding Company’s Intellectual Property, the Company will seek all legal and equitable remedies against the Customer. The Customer will be required to cover all fees necessary to enforce these rights including but not limited to legal fees, administrative costs and funds spent on investigation.
In other words, if there is a breach of Intellectual Property, the Customer will be required to cover all fees necessary to enforce these rights.
11. INDEMNIFICATION / LIMITATION OF LIABILITY
Liability for Customer's Decisions and Actions: The Customer acknowledges that the Company shall not be held liable for any consequences resulting from the Customer’s actions, omissions, or decisions influenced by their participation in the Program. This includes, but is not limited to, decisions such as leaving a job, investing in opportunities, starting a business, and any other business or financial decisions made by the Customer. The Customer agrees to indemnify and hold harmless the Company from any claims or liabilities that may arise following their use of the Program.
Liability for Program Content and Accessibility: The Customer acknowledges that the Company shall not be liable for any damages, including but not limited to those resulting from the loss of data or profit, or due to business interruption. This encompasses any issues arising from both the use of, and the inability to use, the materials or content of the Program. This limitation of liability holds even if the Company has been previously informed, whether orally or in writing, about the possibility of such damages.
Accessibility Through Third-Party Platforms: Access to the Program is facilitated through third-party platforms such as CircleCo, Inc. (“Circle”), Notion Labs Inc. (“Notion”), Zoom Video Communications, Inc. (“Zoom”) or other similar platforms (the “Third-Party Platforms”). The Company is not responsible for any limitations in accessing the Program that are attributable to these Third-Party Platforms or any other third-party services used in delivering the Program. This includes any issues arising from the use of services like the Third Party Platforms. The Customer acknowledges that the Company’s liability does not extend to problems caused by these Third-Party Platforms.
12. GENERAL
A. Entire Agreement –
This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the Parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.
B. Headings & Severability –
Headings are included for convenience purposes only and shall not affect the construction of this Agreement.
If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.
C. All Rights Reserved –
All rights not expressly granted in this Agreement are reserved by the Company.
D. Governing Law –
This Agreement is governed by and interpreted in accordance with the laws of California and the federal laws of the United States of America where applicable. Any disputes arising directly or indirectly from this Agreement will be submitted to and heard exclusively in Los Angeles County, California. Subject to applicable law, the substantially prevailing party in any dispute litigation regarding any Disputes(s) will be entitled to recover reasonable legal fees and costs, including expert costs.
E. Binding Arbitration –
In the event the Parties are not able to resolve any dispute between them arising out of or concerning these Terms, or any provisions hereof, whether in contract, tort or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected parties, at a location set in Los Angeles County, California. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms, the prevailing Party shall be entitled to recover its costs and reasonable attorneys’ fees. The Parties agree to arbitrate all disputes and claims regarding these Terms or any disputes arising as a result of these Terms, whether directly or indirectly, including tort claims that are a result of these Terms. The Parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms.
In the event of a dispute, you agree not to engage in any conduct or communications, public or private, including on social media, that disparage our Company, our Programs, products and services, or Program materials. This does not prevent you from sharing your thoughts and opinions as part of the legal process where required by law or arbitration.
F. Claims Not Subject to Arbitration –
Notwithstanding the foregoing, either Party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this arbitration agreement. Further, notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other Party’s patent, copyright, trademark, or trade secrets shall not be subject to this arbitration agreement.
G. Jury and Class Action Waiver –
YOU WAIVE THE RIGHT TO A TRIAL BY JURY, TO PARTICIPATE IN A CLASS ACTION, OR TO SEEK REMEDIES BEYOND THE EXTENT NECESSARY TO PROVIDE INDIVIDUALIZED RELIEF. YOU AGREE NOT TO ACT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED OR DE FACTO CLASS OR REPRESENTATIVE PROCEEDING, OR AS A PRIVATE ATTORNEY GENERAL OR ON BEHALF OF THE GENERAL PUBLIC.
H. Transfer and Assignment –
You are not permitted to transfer or assign any of your rights under these Terms to a third party without obtaining express written consent from the Company first.
I. Injunctive Relief –
Your breach of this Agreement is likely to cause immediate and/or irreparable harm to the Company. As such, we may seek injunctive relief against you without the need to post bond or similar security.
J. Time Limitation –
Any Dispute(s) must be filed within one (1) year after purchase and you waive any statute of limitations to the contrary.
K. Waiver –
The failure by us to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. Any waiver of these Terms by us must be expressly set out in writing.
L. Maximum Damages –
You acknowledge that the maximum damages you are entitled to in any claim arising from this Agreement or your participation in the Program will not exceed the total cost you paid for the Program.
M. Age Limitations –
By making a payment or enrolling through the Website, you confirm that you meet all legal age requirements in your jurisdiction necessary to use this Website and/or purchase any Products. This is an acknowledgment of your capacity to fulfill all obligations under these Terms.
N. International Users –
This Site is controlled, operated and administered from our offices in California, in the United States of America. If you access the Site from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
O. Modification and Changes –
We reserve the right to update and revise these Terms at any time without notice to you. Your continued use of the Products and Website after we have updated the Terms indicates your acceptance and agreement to the changes.
P. Force Majeure –
To the extent that any failure or delay in our delivery of the Program under these Terms is caused by or results from acts or circumstances beyond our reasonable control, we will not be liable or responsible to you and the same will not be considered a breach of these Terms. Such acts or circumstances beyond our reasonable control could include, without limitation, acts of God, fire, flood, earthquake, natural disasters, cyber-attacks, terrorism, revolution, insurrection, civil unrest, national emergency, epidemic, pandemic, labor disputes, supply chain restraints or delays in obtaining suitable materials, materials breakdown, telecommunications breakdown, or power outage.
Q. Execution –
By checking the checkbox on the Program checkout page, clicking the payment button, entering your credit card and/or debit card information, making a payment via cash, PayPal, Stripe, or other means, or by enrolling, subscribing, or otherwise agreeing electronically, verbally, or through any other method via the Website, you agree to accept and be bound by the terms of this Agreement in its entirety.
R. How To Contact Us –
If the User has any questions or concerns regarding the Terms, please feel free to contact us at the following email address: [email protected] or 2029 Century Park East, Suite 400, Los Angeles, CA 90067.