CLICKS THAT COUNT TERMS OF SERVICE

 

Thank you for purchasing Clicks That Count (“Course”). All sales are final for this Course. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the Course, you (“you(r)” or “Customer”) agree to be provided with the Clicks That Count Course by Launch by JR (“Company” or “we”), and you are executing a legally binding agreement with the Company subject to the following terms and conditions: 

 

1. INTRODUCTION 

 

Welcome to Clicks That Count ("Course"). This Terms of Service Agreement ("Agreement") sets forth the agreement between Launch by JR ("Company" or “we”) and each user ("you" or "Customer") governing the use by you of this Course.  Please read this Agreement carefully before purchasing this Course.  By purchasing this Course, you agree to be bound by the terms and conditions contained in this Agreement.  If you do not agree to the terms and conditions contained in this Agreement, you may not purchase, access, or otherwise use this Course.

 

We reserve the right to change these Terms of Use at any time. Such changes shall be indicated on the Course and shall become effective upon posting them to the Course. We will notify you of any material changes to these Terms by posting a notice on the homepage of the Course for a reasonable period of time after such changes are made that these Terms have been updated.  In the event we offer any additional or replacement services then these Terms shall apply to such services in the absence of any new agreement specific to such services.  By continuing to use this Course after such changes are posted, you acknowledge that you have read and understood the revised terms and conditions and that you agree to be bound by all changes.

 

1. PRIVACY

 

The protection of your information is of utmost importance to us.  We understand that you have the right to privacy and we also know that you expect us to keep your information safe and secure. We do not share non-public information about you with third parties without your consent, except as explained in the rest of the privacy statements.

 

We respect your privacy and the confidentiality of your personal data in compliance with the provisions of data protection laws. The purpose of this policy is to help you understand how we use and protect your personal data.

 

1. Personal data is information that identifies you and that can be used online or offline in order to reach you.

 

2. We collect, store, and process personal data during registration and/or customer support or technical service enquiries.

 

4. We may also collect personal data such as your IP address, user data, and browser type. This information is used for improving services, and for security and monitoring purposes.

 

5. Stored personal information can contain your name, e-mail address, telephone and mobile phone numbers, home address, business name, credit card or bank account information.

 

6. We collect and pass on only information that is necessary for exercising rights and meeting obligations resulting from the Terms and Conditions of use, and for reaching our legitimate business goals.

 

7. Users under the age of 18 must not pass on any personal information without the explicit prior agreement of their legal representative. 

 

8. We may use cookies and other techniques for passively collecting demographic information, personalizing your experience, and for monitoring advertising and other activities. Cookies are small files stored on your computer. We also use cookies for storing details of the content in your interest. We can combine cookies information with personal information.

 

9. The Course may contain links transferring you from this Course to other websites. These websites linked to our Course are not within our control, and it is possible that another privacy policy is applicable to these websites. We recommend that you use caution when you visit another website and familiarize yourself with that site’s privacy policy before you supply personal information.  We exclude any responsibility or warranty for third-party websites.

 

10. We do not disclose any personal information to third parties, other than Kajabi, LLC, the platform hosting this Course, unless such disclosure is necessary for legal reasons or due to a request by relevant authorities. 

 

11. We reserve the right to transfer personal information to a legal successor who acquires the right to use such information in case the Course is sold.

 

12. We will take the appropriate organizational and technical measures for protecting personal information, and we shall store personal information only as long as necessary to fulfill its specific purpose and to meet the legal requirements in force.

 

13. We reserve the right to modify the data protection measures and the present privacy policy should it become necessary. We shall notify you of any changes on our Course.

 

14. Should you wish to exert your right of viewing, correcting, terminating or removing any personal information, please contact us. We will meet your request in a reasonable period of time and after proof of your identity, provided that we do not infringe any legal provisions by so doing.

 

III. INTELLECTUAL PROPERTY

 

You acknowledge that all materials in the Course, including the Course’s design, graphics, text, sounds, pictures, software and other files and the selection and arrangement thereof (collectively, "Materials"), are the property of Launch by JR or its licensors, and are subject to and protected by United States and international copyright and other intellectual property laws and rights. All rights to Materials not expressly granted in this Agreement are reserved to their respective copyright owners. 

 

Except as expressly authorized by this Agreement or in the Course, copying, downloading, or using any content contained on this Site, including, without limitation, documents, pictures, sound documents, video sequences, or any other copyrighted or copyrightable materials is not allowed without our prior and explicit consent.

 

We authorize you to view and download the Materials only for use benefitting the business identified at the time of purchase of the Course, provided that you keep intact all copyright and other proprietary notices contained in the original Materials. You may not modify or adapt the Materials in any way or otherwise use them for any public or commercial purposes. You may not share your password to access the Course with anyone besides your virtual assistant, online business manager, or spouse/partner, who can only take the course with you to benefit the business identified during your purchase of the Course.

 

1. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT 

Company takes pride in its proprietary information included in the Course. As such, Customer agrees and acknowledges all Confidential Information shared through this Course is confidential, proprietary, and belongs exclusively to the Company. “Confidential Information” includes, but is not limited to:

1. Any systems, sequences, processes or steps shared with Customer;
2. Any information disclosed in association with this Agreement; and/or
3. Any systems, sequences, processes, or trade secrets in connection with the Product or Company’s business practices.

If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate or disclose any of Company’s Intellectual Property and proprietary information in any way, including:

1. Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Company and passing it off as Customer’s own;
2. Copying any of Company’s Product content and/or material for Customer’s commercial use; and/or
3. Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Company in either whole or part without prior written consent. 

From time to time, Company may solicit feedback from you about the Course and use general statements about your success for testimonials as part of Company’s marketing strategy. You agree to Company sharing your success stories as testimonials in any manner across any media at the sole discretion of Company.

You agree to refrain from making any statements, whether oral or in writing, that negatively impact Company’s Course, business, services, products, or reputation.

 

1. PAYMENT & FEES

 

1. Upon execution of this Agreement, Customer agrees to pay to the Company the full purchase amount for the Product, regardless of what payment option Customer selects at checkout. 
2. If Customer selects a payment plan option, Customer agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Customer. Company reserves the right to send Customer to collections for any outstanding monies due and owed under this Agreement.
3. Customer authorizes Company to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Customer selected at checkout, and Customer does not require separate authorization for each payment. 
4. If any payments fail, Customer agrees to remedy the situation to complete the payment within 5 business days, or else Customer forfeits his/her right to access the Course. 
5. The Customer shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. Company reserves the right to collect any and all monies owed by Customer to Company for the Course by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, Company reserves the right to report the incident to credit reporting agencies as a delinquent account. 
6. Late Fees - Company understands that, from time to time, there are issues with payment. All payments must be received by Company within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $50.00 USD. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Program. Customer shall still remain responsible to make all payments due and owing under this Agreement to Company in the event Customer’s access to the Course is revoked.

 

1. REFUND POLICY

 

All sales are final for this course. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds.

 

VII. DISCLAIMERS

The Company is not an employee or agent of Customer’s business. Customer understands that the Course is intended to help Customer learn new skills and assist Customer with developing its advertising strategy on Meta platforms. The Program may offer guidance regarding advertising and business decisions, but it is your responsibility to use your best business judgment in decision making.  

You accept any and all risks, foreseeable or unforeseeable, arising from your purchase of the Course. 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 Course. You agree that use of this Course is at your own risk.

 

YOU ARE PURCHASING THIS COURSE “AS IS.” COMPANY DOES NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. COMPANY DISCLAIMS ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING THOSE OF MERCHANTABILITY AND FITNESS.

 

VIII. INDEMNIFICATION AND LIMITATION OF LIABILITY

Customer acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions resulting from Customer’s use of this Course. Customer hereby agrees to indemnify, defend, and hold harmless Company against any and all claims, demands, losses, expenses, damages, and/or costs, including reasonable attorneys’ fees, that may result or arise from or relate to your use of this Course. 

Access to this Product is currently provided through a third-party platform, Kajabi, LLC (“Kajabi”). Company is not liable for any limitation of access to the Product caused by Kajabi.

 

1. APPLICABLE LAW; JURISDICTION; ALTERNATIVE DISPUTE RESOLUTION

 

This Agreement shall be governed by and construed in accordance with the laws of the State of Georgia in the United States, without regard to its choice of law provisions. You agree to submit to personal jurisdiction in the State of Georgia. Any dispute, claim or controversy arising out of or relating to the Course or this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Fulton County, State of Georgia before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Streamlined Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. 

 

In any arbitration arising out of the Course or this Agreement, the arbitrator is not empowered to award punitive or exemplary damages, unless required by statute, and the parties waive any right to recover such damages. Further, in any arbitration arising out of the Course or this Agreement, the arbitrator may not award incidental, indirect or consequential damages, including damages for lost profits. In any arbitration arising out of or related to the Course or this Agreement, the arbitrator shall award to the prevailing party, if any, the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. If the arbitrator determines a party to be the prevailing party under circumstances where the prevailing party won on some but not all of the claims and counterclaims, the arbitrator may award the prevailing party an appropriate percentage of the costs and attorneys’ fees reasonably incurred by the prevailing party in connection with the arbitration. You agree that the maximum amount of damages you may receive in any arbitration arising out of the Course or this Agreement is equal to the purchase price you paid for the Course.

 

1. GENERAL TERMS

 

Severability: If any provision of the Agreement is found to be invalid or unenforceable under mandatory laws of a particular jurisdiction, such provision shall be interpreted as to give maximum effect to its intended purpose and this shall not affect the validity or enforceability of (a) such provision under the laws of any other jurisdiction, or (b) any other provision of the Agreement.

 

Notices: We may notify you via postings on the Course, and/or via email or any other contact information you provide to us. You may notify us via email at [email protected]; any notices that you provide without compliance with this Section on Notices shall have no legal effect.

 

Entire Agreement: You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the products and services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement.

 

No informal waivers, agreements or representations: Our failure to act with respect to a breach by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by us shall be deemed legally binding on us, unless documented in a physical writing hand signed by a duly appointed officer of Launch by JR.

 

No Injunctive Relief: In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Course, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Course or any content or other material used or displayed through the Course.

 

Assignment and Delegation: Except as otherwise specified in this Agreement, you may not assign or delegate any rights or obligations under the Agreement and any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially.