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JESSIE ZAYLIA PROGRAM, COURSE, & COACHING AGREEMENT
This Agreement, by and between Jessie Zaylia located at 633 W 5th St, 26th & 28th Floors Unit 2881, Los Angeles, CA 90071, USA and you, the purchaser ("Client").
1. Description of Services. Jessie Zaylia shall provide Client with the following coaching services (“Services”):
- Immediate access to the instant applicable (selected) purchased program, comprised of audio/video trainings and resources to be delved out over the course of 52 weeks in weekly intervals. Bonus videos, trainings, and other materials may become available after the first 52 weeks, and the client will have access to these bonus materials so long as the client maintains the membership.
2. Term. Access to the purchased program is unlimited for as long as your membership is maintained.
3. Refund Policy. Due to the digital nature of this program, refunds are not issued with the exception that the Client has 30 days from the purchase date to request a refund for any or no reason.
4. Termination. Either party may terminate this Agreement at any time. Regardless of when either party terminates this Agreement, Client is responsible for payment in full of the applicable fee through the termination date. To ensure Client commitment and participation in the Services, should Client terminate this Agreement, Client is responsible for payment in full of the applicable fee through the termination date.
5. Schedule and Fees. The applicable fee under the Term under this Agreement is $37.00 per month USD. Payment must be made in full at the beginning of the term, or upon approval and agreement by Jessie Zaylia.
6. Disclaimer. Client acknowledges that Jessie Zaylia's programs do not constitute counseling services, medical advice/services, or dietician services of any kind and are not a substitute for professional counseling and are not a guarantee of success. Client understands and acknowledges that the coaching process is dependent upon Client’s own ability to implement his/her choices and those choices are exclusively Client’s responsibility. It is expressly understood by Client that this Agreement does not establish an employee/employer or independent contractor or any other form of agency/agent relationship between the parties. Client is solely responsible for his/her own physical and medical conditions. Client is solely responsible for any allergies whether known or unknown. Nothing in any of Jessie Zaylia's programs is to be construed as specific advice; the information provided is general in nature, and it is Client's sole responsibility to determine whether and to what extent he/she should implement any of the information provided, which may require the Client to seek the specific advice of a medical professional.
7. Waiver. The failure of Jessie Zaylia to enforce any provision of this Agreement shall not be construed as a waiver or limitation of Jessie Zaylia's right to subsequently enforce and compel strict compliance with every provision of this Agreement.
8. Applicable Law. This Agreement shall be governed and construed in accordance with the laws of the State of California, without giving effect to any conflicts of laws provisions.
9. Binding Effect. This Agreement shall be binding upon the parties hereto and their respective successors. No assignment of this Agreement, in whole or in part, may be made by Client without the express written consent of Jessie Zaylia.
10. Severability and Survival. Should any part of this Agreement be held invalid or unenforceable, that portion will be construed consistent with applicable law and the remaining portions will remain in full force and effect. Jessie Zaylia's rights under this Agreement will survive the termination of this Agreement.
11. Enforceability. The provisions of this Agreement shall be enforceable notwithstanding the existence of any claim or cause of action against Jessie Zaylia by Client whether based on this Agreement or otherwise.
12. Intellectual Property Rights - When you enroll in or purchase our Programs, Products or Services, you agree that you are clearly and expressly prohibited from doing the following:
You will not copy, share or steal our Programs, Courses, Products, Services, or Program Materials, or any parts of them. You will not in any way use, copy, adapt, or represent any of our Programs, Products, Services, or Program Materials in any way as if they are yours or created by you.
13. Arbitration, Venue, & Attorneys' Fees. Any controversy or claim arising out of or relating to this Agreement or to the breach thereof shall be settled by arbitration that is administered by an arbitrator that is mutually agreed upon by the Parties within the County of Riverside, California. If no agreement can be reached after 30 days’ notice of a dispute, then the Parties will ask the Judicial Arbitration and Mediation Service (“JAMS”) to select a panel of three arbitrators within Riverside County, California. Each party may strike one arbitrator. The moving party must strike an arbitrator within 15 days of service. Then the moving party must serve its strike by both mail and email to the non-moving party (if the moving party fails to strike from the panel and to serve its strike within this time constraint, then the non-moving may chose the arbitrator from the panel). Within 15 days of receipt of the moving party’s timely strike, the non-moving party shall strike an arbitrator and serve its strike to the moving party. The parties will be bound to the remaining arbitrator. The Client may only resolve disputes with the Company 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/or consolidation with other arbitrations are not allowed. The arbitrator may not consolidate more than one person’s claim(s) and may not otherwise preside over any form of a class or representative proceeding or claim (such as a class action, consolidated action, or private attorney general action) unless all relevant parties specifically agree to do so in writing following initiation of the arbitration.
14. Integration. The Parties agree that the full terms of this Agreement are to be found within the body of this Agreement and nowhere else. Any modifications to this Agreement must be in writing (email suffices). All representations not in writing are null and void.
15. Limitation of Liability. UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL WE, OUR SUBSIDIARY/SUBSIDIARIES, AND/OR OUR PARENT COMPANIES AND/OR AFFILIATES AND/OR DEPENDENTS AND/OR HEIRS AND/OR TRUSTS BE LIABLE FOR ANY DAMAGES, WHETHER DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL THAT ARE CLAIMED TO RESULT FROM THE USE OF, MISUE OF, OR THE INABILITY TO USE THE SITE OR PROGRAM, INCLUDING OUR MESSAGING, BLOGS, GROUPS, PROFILES, PAGES, BOARDS, COMMENTS OF OTHERS, BOOKS, ARTICLES, ANY WRITTEN MATERIALS, EMAILS, PRODUCTS, 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/SUBSIDIARIES, AND/OR OUR PARENT COMPANIES AND/OR AFFILIATES AND/OR DEPENDENTS AND/OR HEIRS AND/OR TRUSTS 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 OR PROGRAM, ANY MATERIALS, PRODUCTS, OR SERVICES ON THE SITE, OR WITH ANY OF THE SITE'S OR PROGRAM’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, WHETHER IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.
16. Signature. I, Client, understand that clicking "I have read and agree to the terms and conditions of this page as follows" and purchasing this offer constitutes a legal signature confirming that I acknowledge and agree to the above Agreement.