This Agreement (“Agreement”) is made effective today and beyond by and between Jazzy Mac (the “Company”), and purchaser of the digital product (hereafter “Customer”), for the purpose of Customer purchasing a digital product from Company’s online shop (the “Product”). Customer agrees to the terms and conditions below by checking the box in the online shopping cart checkout or by submitting payment for the Product.
Nature of digital product
Customer understands that ALL products are digital in nature and are located in the portal library, which is accessible immediately after purchase. This is NOT a customization service where Jazzy performs any sort of edits to personal resumes, LinkedIn profiles or job applications. This is strictly digital access to a “pre-made” template library, where the customer is responsible for making any necessary edits according to their own personal job history, experience or financial circumstance.
Customer understands that purchasing digital products from Jazzy Mac does NOT come with 1:1 or private consultations, via phone, email, chat, or any other forms of communication. Jazzy and her team are NOT able to review resumes, job applications, credit reports, legal documents, or any other form of documentation. Jazzy is NOT an attorney nor a financial advisor for hire. Jazzy cannot advise on personal or business matters.
1. Digital Product Usage
After purchasing the digital product, Customer will be given access to the product materials within [10 minutes] AFTER creating their login and password on the Kajabi portal checkout page. No products will be delivered in his/her email. Customer will have unlimited access to the materials so long as the product(s) is/are available and subscription is PAID and ACTIVE.
Company hereby grants to Customer one (1) exclusive, non-sublicensable, non-transferable, license to use the Product during the PAID and ACTIVE subscription period. Customer understands and agrees that the Product materials may not be shared with any third party. In the event Company suspects that the Product is being shared with another party, Company reserves the right to immediately terminate Customer’s access to the Product.
Customer may use the Product for his/her own personal use and business use and may modify the language as he/she sees fit. Customer is not obligated to tag or give credit to Company for the copy in the Product he/she uses, posts, or shares.
2. Billing, Fees & Payment Processing
Billing – Customer will be immediately billed for any products purchases. Customers enrolling the the YouTube Bundle (Ultimate Resume Kit) will be billed for a monthly subscription at the time of purchase, and will be re-billed every 30 days from the original purchase date. The monthly subscription can be self-cancelled at anytime, from inside the Library Portal. To avoid being billed again, customer should cancel subscription at least 7 days prior to bill date. Once subscription is cancelled, customer will NOT be able to access template library and Jazzy Mac and team will NOT allow temporary access to any newly published materials, when subscription is paused, canceled or inactive.
In consideration for access to the Product provided by Company, Customer agrees to compensate Company the fee indicated on the online shopping cart. If any payment methods are declined by the online payment processor, Customer shall provide a new eligible payment method before receiving access to the Product. In the event Customer has already been given access to the Product and a payment method is declined, Company reserves the right to collect all outstanding receivables.
3. Refund Policy & Chargebacks
Due to the nature of digital products being immediately accessible upon purchasing, NO REFUNDS of any fees or other amounts paid by CUSTOMER in connection with the Product will be allowed under ANY circumstances. If a product is mistakenly purchased, no refund will be provided. If you cancel your subscription within 30 days of purchase, you will have access to the digital products until the 30th day from purchase date only. Early cancellation of subscriptions will NOT result in partial refunds.
No Chargebacks. The Client will not, under any circumstances, issue or threaten to issue any chargebacks to the Company and/or form of payment (ie, Stripe, PayPal) for any reason whatsoever related to the digital purchase. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
4. Personal Information
By purchasing the Product, Customer will be asked to provide personal information including his/her name, email address, mailing and billing address. Customer agrees to allow Company access to this personal information for all lawful purposes. Customer is responsible for the accuracy of the identifying information, maintaining the safety and security of his/her identifying information, and updating Company on any changes to his/her identifying information.
The billing information provided to Company by Customer will be kept secure and is subject to the same confidentiality and accuracy requirements as Customer’s identifying information indicated above. Providing false or inaccurate information, or using the Product for fraud or unlawful activity, is grounds for immediate termination from the Product.
Upon delivery of the digital product to Customer, Company hereby transfers and assigns to Customer all copyrights regarding the Product.
6. Warranties and Liability
Company makes every effort to ensure that the Product is accurate and fit for the use of Company’s customers. However, Company takes no responsibility whatsoever for the suitability of the Product, and Company provides no warranties as to the function or use of the Product, whether express, implied, or statutory, including without limitation any warranties of merchantability or fitness for particular purpose. Customer agrees to indemnify Company against all liabilities, claims, demands, expenses, actions, costs, damages, or loss arising out of Customer’s breach of these terms and conditions. Company shall not be liable to Customer or any third party for consequential, indirect, special or exemplary damages including but not limited to damages for loss of profits, business or anticipated benefits whether arising under tort, contract, negligence or otherwise whether or not foreseen, reasonably foreseeable or advised of the possibility of such damages.
7. Force Majeure
If the performance of this Agreement or any obligations hereunder is prevented, restricted or interfered with by reason of earthquake, fire, flood or other casualty or due to strikes, riot, storms, explosions, acts of God, death of him/herself or a family member, war, terrorism, or a similar occurrence or condition beyond the reasonable control of the parties, the party so affected shall, upon giving prompt notice to the other party, be excused from such performance during such prevention, restriction or interference, and any failure or delay resulting therefrom shall not be considered a breach of this Agreement.
Company does not make any guarantees as to the results, including financial or other personal gains, of Customer’s use of the Product. Customer agrees to take responsibility for Customer’s own results with regard to using the Product.
9. Release & Reasonable Expectations
Customer has spent a satisfactory amount of time reviewing Company’s business and has a reasonable expectation that Company’s Product will produce different outcomes and results for each Customer. Customer understands and agrees that:
▪ Every customer and final result using the Product is different;
▪ The Product is intended for a mass audience.
10. Entire Agreement
This is a binding Agreement that incorporates the entire understanding of the parties, supersedes any other written or oral agreements between the parties, and any modifications must be in writing, signed by both parties, and physically attached to the original agreement.
11. Venue and Jurisdiction
The laws of the State of New Mexico shall govern this contract, and any resulting arbitration shall take place within San Juan County, New Mexico. Both parties assume responsibility for all collection costs and legal fees incurred should enforcement of this Agreement become necessary.
12. Mediation and Arbitration
Any and all disputes or disagreements rising between the parties out of this Agreement upon
which an amicable understanding cannot be reached, shall be decided first by mediation, and if mediation is unsuccessful, then arbitration in accordance with the procedural rules of the American Arbitration Association. The parties agree to be bound by the decision of the arbitrator(s). The arbitration proceeding shall take place in San Juan County, New Mexico, unless another location is mutually agreed to by the parties. The cost and expenses of the arbitrators shall be shared equally by the parties. Each party shall be responsible for its own costs and expenses in presenting the dispute for arbitration.
This agreement cannot be transferred or assigned to any third party without written consent of both parties.
In the event that any part of this Agreement is found to be invalid or unenforceable, the remainder of this Agreement shall remain valid and enforceable. Any failure by one or both parties to enforce a provision of this Agreement shall not constitute a waiver of any other portion or provision of this agreement.
Unless otherwise stated, www.creditbyjazzymac.com and/or its licensors own the intellectual property rights for all material on Jazzy Mac. All intellectual property rights are reserved. You may access this from Jazzy Mac for your own personal use subjected to restrictions set in these terms and conditions.
You must not:
- Republish material from Jazzy Mac
- Sell, rent or sub-license material from Jazzy Mac
- Reproduce, duplicate or copy material from Jazzy Mac
- Redistribute content from Jazzy Mac
This Agreement shall begin on the date hereof.
www.creditbyjazzymac.com reserves the right to monitor all Comments and to remove any Comments which can be considered inappropriate, offensive or causes breach of these Terms and Conditions.
You hereby grant www.creditbyjazzymac.com a non-exclusive license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
- Government agencies;
- Search engines;
- News organizations;
- Online directory distributors may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
- System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Web site.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products and/or services; and (c) fits within the context of the linking party’s site.
We may consider and approve other link requests from the following types of organizations:
- commonly-known consumer and/or business information sources;
- dot.com community sites;
- associations or other groups representing charities;
- online directory distributors;
- internet portals;
- accounting, law and consulting firms; and
- educational institutions and trade associations.
We will approve link requests from these organizations if we decide that: (a) the link would not make us look unfavorably to ourselves or to our accredited businesses; (b) the organization does not have any negative records with us; (c) the benefit to us from the visibility of the hyperlink compensates the absence of www.creditbyjazzymac.com; and (d) the link is in the context of general resource information.
These organizations may link to our home page so long as the link: (a) is not in any way deceptive; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or services; and (c) fits within the context of the linking party’s site.
If you are one of the organizations listed in paragraph 2 above and are interested in linking to our website, you must inform us by sending an e-mail to www.creditbyjazzymac.com. Please include your name, your organization name, contact information as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URLs on our site to which you would like to link. Wait 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
- By use of our corporate name; or
- By use of the uniform resource locator being linked to; or
- By use of any other description of our Website being linked to that makes sense within the context and format of content on the linking party’s site.
No use of www.creditbyjazzymac.com's logo or other artwork will be allowed for linking absent a trademark license agreement.
Without prior approval and written permission, you may not create frames around our Webpages that alter in any way the visual presentation or appearance of our Website.
We shall not be hold responsible for any content that appears on your Website. You agree to protect and defend us against all claims that is rising on your Website. No link(s) should appear on any Website that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
Reservation of Rights
We reserve the right to request that you remove all links or any particular link to our Website. You approve to immediately remove all links to our Website upon request. We also reserve the right to amen these terms and conditions and it’s linking policy at any time. By continuously linking to our Website, you agree to be bound to and follow these linking terms and conditions.
Removal of links from our website
If you find any link on our Website that is offensive for any reason, you are free to contact and inform us any moment. We will consider requests to remove links but we are not obligated to or so or to respond to you directly.
We do not ensure that the information on this website is correct, we do not warrant its completeness or accuracy; nor do we promise to ensure that the website remains available or that the material on the website is kept up to date.
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our website and the use of this website. Nothing in this disclaimer will:
- limit or exclude our or your liability for death or personal injury;
- limit or exclude our or your liability for fraud or fraudulent misrepresentation;
- limit any of our or your liabilities in any way that is not permitted under applicable law; or
- exclude any of our or your liabilities that may not be excluded under applicable law.
The limitations and prohibitions of liability set in this Section and elsewhere in this disclaimer: (a) are subject to the preceding paragraph; and (b) govern all liabilities arising under the disclaimer, including liabilities arising in contract, in tort and for breach of statutory duty.
We will not be liable for any loss or damage of any nature.