Please READ carefully. This is a legal contract.

The following Terms of Enrollment govern your participation in the Program presented by JGD CONSULTING SERVICES, LLC (“Company”).  Please read these Terms of Enrollment carefully. By purchasing this Program, you (“Customer”, “you” or “your”) agree that your participation in our Program, and use of Program materials is governed by the following terms and conditions, together with our Terms of Service and Privacy Policy.

 

1.PROGRAM

JGD CONSULTING SERVICES, LLC (herein referred to as “JGD CONSULTING SERVICES, LLC” or “Company”) agrees to provide Program, “Stand-Out Sales Training” (herein referred to as “Program”) in the following format: 

 

2.CONTENT

All materials, procedures, policies, and standards, all teaching manuals, all teaching aids, all supplements and the like that have been or will be made available Company or its designated facilitators, or any other source, oral or written, are for personal use in or in conjunction with this Program only.  

Program content is for personal use only, and may not be sold, recorded, videotaped, shared, taught, given away, or otherwise divulged without the express written consent of Company, or its designated agent. 

The information contained in Program material is strictly for educational purposes. Therefore, if you wish to apply ideas contained in this material, you are taking full responsibility for your actions.

Company assumes no responsibility for errors or omissions that may appear in any Program materials. 

Any violation of Company’s policies regarding content usage shall result in the immediate termination of Customer’s enrollment without refund.

 

3.PAYMENT AND REFUNDS

3.1 FEES

Fees will be shared and stated with each individual program.

If the Client is on a payment plan, payments are spaced 30 days apart. All payments are non-refundable. 

If Customer is more than 5 days late with payment, a $45.00 late processing fee will be assessed, per late payment.

3.2 METHODS OF PAYMENT

If Customer elects to pay by monthly installments, Customer authorizes the Company to charge Customer’s credit card or debit card account. If Customer elects to pay in FULL, Customer may pay by credit card, debit card account.

3.3 REFUNDS

Customer is responsible for full payment of fees for the entire Program, regardless of whether Customer has selected a lump sum or monthly payment plan. If Customer elects to discontinue their use of the Program for any reason, Customer is still responsible for any and all outstanding balance(s).

 

4.SCHEDULING AND RESCHEDULING CALLS

If private calls are available in the program: Clients schedule their coaching calls directly with our Client Concierge or via our company scheduling link. 

We ask that Clients commit to their scheduled calls, and only reschedule in the rare event of an extenuating circumstance or emergency.

Clients may reschedule calls up to 24 hours in advance and are allowed one (1) emergency rescheduling, which means a call is canceled with less than 24 hours notice. To make an emergency rescheduling, please send an email to both your Coach and the Client Concierge. 

If the Client does not join a scheduled call after 10 minutes, that is considered a “no-show.” 

After a client has used one (1) emergency rescheduling or (1) “no-show”, the Client is responsible to pay $100. 

If a Client continuously reschedules their calls or fails to show up a third time, then they will have to forfeit that call. 

 

5.DISCLAIMER

UNDER NO CIRCUMSTANCES, INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, SHALL WE, OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE SITE, INCLUDING OUR MESSAGING, BLOGS, COMMENTS OF OTHERS, BOOKS, EMAILS, PRODUCTS, OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US IN ANY WAY, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES. (BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY AND THE LIABILITY OF OUR SUBSIDIARY AND PARENT COMPANIES OR AFFILIATES IS LIMITED TO THE FULLEST EXTENT PERMITTED BY SUCH STATE LAW.) YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT WE ARE NOT LIABLE FOR ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF ANY USER. IF YOU ARE DISSATISFIED WITH THE SITE, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE’S TERMS AND CONDITIONS, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE AND THE PRODUCTS, SERVICES AND/OR MATERIALS.

THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND COMPANY. MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS OR APPROPRIATENESS FOR ANY PURPOSE. 

 

6.CONFIDENTIALITY AND NONDISCLOSURE

6.1  CONFIDENTIALITY

The Company respects Customer’s privacy and insists that Customer respects the Company’s and other Program Participants (herein referred to as “Participants”). Thus, Customer agrees that any Confidential Information shared by Participants or any representative of the Company is confidential, proprietary, and belongs solely and exclusively to the Participant who discloses it. Parties agree not to disclose, reveal or make use of any Confidential Information or any transactions, during discussions, during group calls, from the forum or otherwise.

Customer agrees not to use such confidential information in any manner other than in discussion with other Participants throughout the Program. Confidential Information includes, but is not limited to, information disclosed in connection with this Agreement, intellectual property, trade secrets, and other proprietary information.  

Both Parties will keep Confidential Information in strictest confidence and shall use the best efforts to safeguard the Confidential Information and to protect it against disclosure, misuse, espionage, loss and theft.

Customer agrees not to infringe upon Company’s proprietary or intellectual property rights. Furthermore, Customer will NOT reveal any information to a third party obtained in connection with this Agreement or Company’s direct or indirect dealings with Customer including but not limited to; names, email addresses, third-party company titles or positions, phone numbers or addresses, or results, experience, or statements, oral or written. Additionally, Consultant will not, at any time, either directly or indirectly, disclose confidential information to any third party.

Further, by signing below you agree that if you violate or display any likelihood of violating this section the Company and/or other Participants will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

6.2  NON-DISCLOSURE OF MATERIALS

Program Materials are proprietary, copyrighted and developed solely and specifically for the Company. Customer agrees that such proprietary material is solely for Customer’s own personal use. Any disclosure, reproduction and sale by Customer to a third party is strictly prohibited.

 

7.LICENSE

Customer’s use of, and access to the Program Materials is on a licensed basis. In that regard, Company hereby grants to Customer, and Customer hereby accept, the non-exclusive right, license and privilege to use (but not sublicense) the Program Materials for a six month (6) period. Thereafter, Customer’s right to continue to use the Program Materials is subject to Customer executing future services.

Customer agree to:

(a) constantly use Customer’s best efforts in the use of the Program Materials in a way to protect the good name and goodwill associated with the Program Material and Company.  

(b) not to attack the title of Company in and to the Program Material nor attack the validity of the license granted hereunder;

(c) not harm, misuse or bring into disrepute the Program Material and Company, but to the contrary, will maintain the value and reputation thereof to the best of Customer’s ability;

(d) at all times comply with all applicable government laws and regulations, and all voluntary industry standards relating or pertaining to the use of the Programs and Materials, and shall maintain appropriate customary high-quality standards. Customer shall also abide by Company’s suggestions and specifications regarding quality control over the use of the Program Material. 

The license granted herein does not grant Customer any right, title or interest, at law or in equity, in or to any of Company’s trademarks, service marks, copyrights, copyrighted material, or any derivative uses thereof or, the name or images of Jamie Gulino Davis, trade secrets or other rights or intellectual property of any kind, except as provided by said license.  Further, such license applies only to those Program Material   designated herein. Customer shall not represent to others, or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in our Program Material, Trademarks, copyrighted materials, trade secrets or other rights or intellectual property of any kind other than by virtue of the license granted hereunder. 

Company shall have the right to approve all uses of the Program Material or derivative uses thereof.

Company shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Program Material (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.

 

8.CUSTOMER RESPONSIBILITY 

Program is developed for strictly educational purposes ONLY. Customer accepts and agrees that Customer is 100% responsible for their progress and results from the Program. Company makes no representations, warranties or guarantees verbally or in writing. Customer understands that because of the nature of the Program and extent, the results experienced by each Customer may significantly vary. Customer acknowledges that as with any business endeavor, there is an inherent risk of loss of capital and there is no guarantee that Customer will reach their goals as a result of purchase of Program.

 

9.FORCE MAJEURE  

In the event that any cause beyond the reasonable control of either Party, including without limitation acts of God, war, curtailment or interruption of transportation facilities, threats or acts of terrorism, State Department travel advisory, labor strike or civil disturbance, make it inadvisable, illegal, or impossible, either because of unreasonable increased costs or risk of injury, for either Company to perform its obligations under this Agreement, the Company’s performance shall be extended without liability for the period of delay or inability to perform due to such occurrence.

10.SEVERABILITY/WAIVER

If any provision of this Agreement is held to be invalid or unenforceable, the remaining provisions shall nevertheless continue in full force. The failure of either Party to exercise any right provided for herein will not be deemed a waiver of that right or any further rights hereunder.

 

11.LIMITATION OF LIABILITY

Customer agrees they used Company’s services at their own risk and that Program is only an educational service being provided. Customer releases Company, its officers, employees, directors, subsidiaries, principals, agents, heirs, executors, administrators, successors, assigns, Instructors, guides, staff, Participants, and related entities any way as well as the venue where the Program is held (if applicable) and any of its owners, executives, agents, or staff (hereinafter “Releasees”) from any and all damages that may result from any claims arising from any agreements, all actions, causes of action, contracts, claims, suits, costs, demands and damages of whatever nature or kind in law or in equity arising from my purchase of the Program. Customer accepts any and all risks, foreseeable or unforeseeable.

Customer agrees 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 of Company’s services or enrollment in the Program. Company assumes no responsibility for errors or omissions that may appear in any of the Program materials.

 

12.INDEPENDENT CONTRACTORS

Customer and Company shall be and remain independent contractors.  Nothing in this Agreement shall constitute any party, inter alia, the general or special agent, legal representative, subsidiary, joint venturer, partner, employee or servant of the others for any purpose, nor shall anything in this Agreement cause the employees of any party to be employees of the others.

 

13.NON-DISPARAGEMENT

The Parties agree and accept that the only venue for resolving such a dispute shall be in the venue set forth herein below. The parties agree that they neither will engage in any conduct or communications with a third party, public or private, designed to disparage the other.

Neither Customer nor any of Customer’s associates, employees or affiliates will directly or indirectly, in any capacity or manner, make, express, transmit speak, write, verbalize or otherwise communicate in any way (or cause, further, assist, solicit, encourage, support or participate in any of the foregoing), any remark, comment, message, information, declaration, communication or other statement of any kind, whether verbal, in writing, electronically transferred or otherwise, that might reasonably be construed to be derogatory or critical of, or negative toward, the Company or any of its Programs, members, owner directors, officers, Affiliates, subsidiaries, employees, agents or representatives.

 

14.ASSIGNMENT

This Agreement may not be assigned by either party without express written consent of both parties.

 

15.TERMINATION

Company is committed to providing all customers in the Program with a positive Program experience. By signing below, Customer agrees that the Company may, at its sole discretion, terminate this Agreement, and limit, suspend, or terminate Customer’s access to Program without refund or forgiveness of monthly payments if Customer becomes disruptive to Company or Participants, difficult to work with or upon violation of the terms as determined by Company. Customer will still be liable to pay the total contract amount.

 

16.INDEMNIFICATION

Customer shall defend, indemnify, and hold harmless Company, Company’s officers, employers, employees, contractors, directors, related entities, trustees, affiliates, and successors from and against any and all liabilities and expense whatsoever – including without limitation, claims, damages, judgments, awards, settlements, investigations, costs, attorneys 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 Program(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. Customer shall defend Company in any legal actions, regulatory actions, or the like arising from or related to this Agreement. Customer 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.

 

17.RESOLUTION OF DISPUTES

This Agreement shall be governed by and construed in accordance with the laws of the State of New York, United States of America.

All disputes arising under or concerning this Agreement are to be submitted to binding arbitration, in Buffalo, New York, to be resolved in accordance with the laws of the state of New York.  You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations aren’t allowed.  The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class or representative proceeding or claims (such as a class action, consolidated action or private attorney general action) unless all relevant parties specifically agree to do so following initiation of the arbitration.

 

18.EQUITABLE RELIEF

In the event that a dispute arises between the Parties for which monetary relief is inadequate and where a Party may suffer irreparable harm in the absence of an appropriate remedy, the injured Party may apply to any court of competent jurisdiction for equitable relief, including without limitation a temporary restraining order or injunction.

 

19.NOTICES

Any notices to be given hereunder by either Party to the other may be affected by personal delivery or by mail, registered or certified, postage prepaid with return receipt requested. Notices delivered personally shall be deemed communicated as of the date of actual receipt; mailed notices shall be deemed communicated as of three (3) days after the date of mailing. For purposes of this Agreement, “personal delivery” includes notice transmitted by fax or email. Email: support@jgdconsulting.com

 

20.BENEFICIARIES

This Agreement shall be binding upon and inure to the benefit of the parties hereto, their respective heirs, executors, administrators, successors and permitted assigns. 

 

21.WAIVER

Any breach or the failure to enforce any provision hereof shall not constitute a waiver of that or any other provision in any other circumstance.

 

22.ENTIRE AGREEMENT

This Agreement constitutes and contains the entire agreement between the parties with respect to its subject matter, supersedes all previous discussions, negotiations, proposals, agreements and understandings between them relating to such subject matter, and may not be modified, amended, or discharged, nor may any of its terms be waived, except by an instrument in writing signed by both parties in duplicate.

By purchasing this Program, I have read and agree to the terms and conditions set forth above.