Jennifer Milius, Inc. 

Terms of Agreement

As of SEPTEMBER 2024

PARTIES

This writing (the “AGREEMENT”) outlines the intended legal relationship between Jennifer Milius, Inc. (the “COMPANY”, “COMPANY’S”) and you (the “BUYER”, “you”, “your”, “his”, “her”, “their”) and is intended to govern and control your purchase of services (the “SERVICE”, “SERVICES”) including but not limited to appointments and work:

● individual: COMPANY and you,
● synchronous: COMPANY and you are working with each other synchronized,
● asynchronous: COMPANY and you are working with each other unsynchronized

The COMPANY and the BUYER are the intended parties (the “PARTIES”) to this AGREEMENT.

 

ACCEPTING THESE TERMS

As the BUYER, you are entering into a legally binding AGREEMENT with the COMPANY, a Virginia S Corporation, according to the following terms and conditions, when you do any of the following:

• Voluntarily completed the purchase of any of the COMPANY'S offers

With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. 

 

COMPANY’S SERVICES

This AGREEMENT is executed and effective when BUYER accepts the terms of this AGREEMENT. The COMPANY agrees to provide work related to the SERVICE that BUYER voluntarily purchased. 

• Details are decided and determined by the PARTIES and listed in either or both the COMPANY's offer and or the SCHEDULE A to this AGREEMENT (sent separately by the COMPANY, if necessitated).

The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to BUYER.

BUYER will use COMPANY’S scheduling provider to reserve agreed to date and time for synchronous session(s).

COMPANY will conduct SERVICE with BUYER through third party tools provided by COMPANY.

The scope of work provided by COMPANY according to this AGREEMENT are limited to those listed on the COMPANY's offer that was purchased and or the SCHEDULE A (provided separately when necessitated). COMPANY reserves the right to substitute work equal to or comparable to the SERVICE for the BUYER if the need arises, without prior notice.

If COMPANY needs to outsource work related to the SERVICE, and or provide substitute individuals for work related to the SERVICE, the COMPANY will notify the BUYER about the change or modification. 

 

NATURE OF RELATIONSHIP
Acceptance of this AGREEMENT provides no guarantee of exclusivity or specific earnings or results. The COMPANY is offering guidance and advice based on their expertise, but BUYER is responsible for implementing strategies and making decisions regarding its own business needs.

 

PAYMENT
Full payment must be made before the SERVICE. Pricing and duration of appointments may vary and is chosen by BUYER at the time of purchase. BUYER is responsible for ensuring payment is made using the accepted payment methods. Failure to provide payment may result in the appointment being canceled or rescheduled. BUYER agrees to pay COMPANY for the SERVICE according to the payment schedule (the “FEE”)

 

PAYMENT MONTHLY SUBSCRIPTION
By purchasing a Monthly Subscription (the “SUBSCRIPTION”), BUYER agrees that the SUBSCRIPTION has an initial and automatic recurring monthly payment. BUYER may cancel at any time.

To cancel the SUBSCRIPTION, the BUYER is required to:
Log into your Kajabi account, then under Settings >> Member Payments >> Click on the three dots to the right of your active SUBSCRIPTION >> Select Cancel This Subscription

After BUYER cancels SUBSCRIPTION, the BUYER has access to the SUBSCRIPTION until the end of the currently paid for payment period.

 

REFUNDS
All payments are non-refundable.

Once payment is made, BUYER waives the right to request a refund. BUYER may reschedule without any penalty payment. Refunds will not be provided for any reason, including dissatisfaction with the consultation or any results obtained from the consultation.

 

ASYNCHRONOUS CANCELLATIONS
Once payment is made, SERVICE starts immediately for the duration in the offer purchased and will not be rescheduled.

 

SYNCHRONOUS CANCELLATIONS
BUYER agrees to COMPANY’S cancellation policy as follows:

• BUYER may cancel scheduled SERVICE appointments at any time;
• BUYER must reschedule all cancellations within four (4) weeks from date of original purchase;
• All cancelled or rescheduled sessions are handled through the scheduling provider provided by COMPANY to BUYER;
• If BUYER is late or a no show for BUYER’S booked time, that time will be deducted from BUYER’S SERVICE;
• The COMPANY does not cancel and or reschedule for the BUYER;
• The COMPANY may also cancel at any time any scheduled SERVICE appointments
• The COMPANY notifies BUYER of any cancellations via scheduling provider by the COMPANY;
• Any cancellation initiated by the COMPANY may be rescheduled within four (4) weeks from the date of cancellation.

 

TERMINATION
If BUYER is (1) behind in payment, or (2) otherwise in default of this AGREEMENT, then full payment is immediately due and BUYER is barred from using any of COMPANY’S services.

COMPANY is allowed to immediately collect the full FEE from BUYER and stop providing further services to BUYER. 

 

CHARGEBACKS & PAYMENT SECURITY
When you provide the COMPANY with payment card(s) details to cover the FEE, COMPANY is permitted to charge BUYER'S payment card(s) for any unpaid amounts according to the PAYMENT terms in this AGREEMENT.

You must not initiate chargebacks or modify your card details without the COMPANY'S prior written approval. Any fees incurred in retrieving payment and chargeback collection fees are your responsibility.

BUYER may change any of the payment card information provided to the COMPANY using provided mechanisms by the COMPANY.

 

CONFIDENTIALITY
All content discussed during the SERVICE will remain confidential between the parties. Both the COMPANY and the BUYER agree not to disclose any information shared between PARTIES to any third parties, except as required by law or as authorized in writing by both parties.

The COMPANY’S privacy policy, terms of use, disclaimers, and disclosures also apply to how COMPANY collects, uses, stores, and who has access to any personally identifiable information supplied by the BUYER due to its enrollment in the SERVICE.

 

INTELLECTUAL PROPERTY
COMPANY'S copyrighted and original materials are provided to the BUYER for your INDIVIDUAL USE ONLY and under a limited single-user license.

BUYER is not authorized to use any of COMPANY’S intellectual property, trade secrets, know-how, trademarks and or copyrights, for any purpose. BUYER is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.

 

INTELLECTUAL PROPERTY WITHIN A WORK-FOR-HIRE CONTEXT
In the event that the SCHEDULE A to this AGREEMENT includes any work-for-hire SERVICE, the PARTIES agree that the SERVICE provided is a work-for-hire arrangement. COMPANY will provide a SCHEDULE A to reflect those details.

As such, the BUYER owns any and all intellectual property resulting from the SERVICE provided by COMPANY to BUYER. Under no circumstances will the COMPANY attempt to legally register any intellectual property developed and or created as a result of this AGREEMENT.

 

PROFESSIONAL EXPECTATIONS
To the extent that BUYER interacts with COMPANY staff and or other COMPANY clients, BUYER agrees to behave professionally, courteously, and respectfully with staff and clients at all times.

BUYER agrees that failing to follow the terms of this AGREEMENT, and or any additional instructions provided by COMPANY in relation to the SERVICE, is cause for termination of this AGREEMENT.

In the event of such a termination, BUYER is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the FEE.

 

LIMITATION OF LIABILITY

By purchasing the SERVICE, you release the COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from your participation in the SERVICE.

You accept any and all risks, foreseeable or unforeseeable arising from this line of work.

Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’s liability to you or to any third party is limited to the lessor of:

(a) The total FEE you paid to COMPANY in the one month prior to the action giving rise to the liability, or

(b) Thirty (30) percent of FEE paid on the purchase triggering the claim.

All claims against the COMPANY must be filed with the entity having jurisdiction within ninety (90) calendar days of the date of the first claim or otherwise be forfeited forever.

You agree that COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse or enrollment in the SERVICE.

You agree that use of the SERVICE is at your own risk. 

 

DISCLAIMER OF GUARANTEE
YOU ACCEPT AND AGREE THAT YOU ARE RESPONSIBLE FOR PROGRESS AND RESULTS FROM THE SERVICE.

YOU ACCEPT AND AGREE THAT YOU ARE A VITAL ELEMENT TO THE SUCCESS ACHIEVED FROM THE SERVICE AND THAT COMPANY CANNOT CONTROL THE OUTCOME OR RESULTS ACHIEVED.

COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose. COMPANY makes no guarantee or warranty that the SERVICE will meet your requirements or that all buyers will achieve the same results.

 

FORCE MAJEURE
In the event, either PARTY is unable to perform its obligations under the terms of this AGREEMENT due to acts of God, epidemics, pandemics, shutdowns (local, state, or federal), strikes, equipment or transmission failure or damage reasonably beyond its control, or other causes reasonably beyond its control, such PARTY shall not be liable for damages to the other for any damages resulting from such failure to perform or otherwise from such causes.

 

CONTROLLING AGREEMENT
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.

 

ENTIRE AGREEMENT
This AGREEMENT is the entire AGREEMENT between the PARTIES and supersedes all prior and contemporaneous AGREEMENTS, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a writing signed by both PARTIES.

 

CHOICE OF LAW
This AGREEMENT is governed and interpreted in accordance with the laws of Virginia without giving effect to any principles of conflicts of law.

If a dispute is not resolved first by good faith negotiation between the PARTIES to this AGREEMENT, the PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the State of Virginia according to the rules of the American Arbitration Association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing PARTY may collect all reasonable legal fees from the non-prevailing PARTY in order to enforce the provisions of this AGREEMENT.

 

SURVIVABILITY
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of FEE 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.

 

SEVERABILITY
If any of portion of this AGREEMENT is interpreted as invalid or unenforceable, only that portion is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.