Privacy Policy
Please read this Privacy Policy carefully before using this website or purchasing from JH Marketing Results LLC.
Privacy Policy Consent
The website and its content are owned by JH Marketing Results (“Company,” “we,” or “us”). The term “you” refers to the user or viewer of www.jhmarketingresults.com (“Website”).
This Privacy Policy describes how we collect, use, process and distribute your information, including Personal Data (as defined below) used to access this Website.
We will not use or share your information with anyone except as described in this Privacy Policy. The use of information collected through our Website shall be limited to the purposes under this Privacy Policy and our Terms of Use for customers.
Please read this Privacy Policy carefully. We reserve the right to change this Privacy Policy on the Website at any time without notice. In the event of a material change, we will let subscribers know via email.
Use of any personal information or contribution that you provide to us, or which is collected by us on or through our Website or its content is governed by this Privacy Policy. By using our Website or its content, you consent to this Privacy Policy, whether you have read it or not.
Information We May Collect
We collect personal information from you so that we can provide you with a positive experience when utilizing our Website or content. We will only collect the minimum amount of information necessary for us to fulfill our obligation to you. We may collect:
1. A name and an email address so we can deliver our newsletter to you, free programs, or paid programs – you would be affirmatively consenting to this by providing this to us in our contact forms.
2. Billing information including name, address, and credit card information so that we can process payment to deliver our products or services to you under our contractual obligation.
3. A name and an email address if you complete our contact form or purchase from us.
4. Information from you from a co-branded offer. In this case, we will make clear as to who is collecting the information and whose privacy policy applies. If both / all parties are retaining the information you provide, this will also be made clear as will links to all privacy policies.
Please note that the information above (“Personal Data”) that you are giving to us is voluntary, and by you providing this information to us you are giving consent for us to use, collect and process this Personal Data. You are welcome to opt-out or request for us to delete your Personal Data at any point by contacting us at contact@jennyhalemarketing.com.
If you choose not to provide us with certain Personal Data, you may not be able to participate in certain aspects of our Website, paid offers, free offers, or other content.
Other Information We May Collect:
Anonymous Data Collection and Use
To maintain our Website’s high quality, we may use your IP address to help diagnose problems with our server and to administer the Website by identifying which areas of the Website are most heavily used, and to display content according to your preferences.
Your IP address is the number assigned to computers connected to the Internet. This is essentially “traffic data” which cannot personally identify you but is helpful to us for marketing purposes and for improving our services. Traffic data collection does not follow a user’s activities on any other websites in any way. Anonymous traffic data may also be shared with business partners and advertisers on an aggregate basis.
Use of “Cookies”
We may use the standard “cookies” feature of major web browsers. We do not set any personally identifiable information in cookies, nor do we employ any data-capture mechanisms on our Website other than cookies. You may choose to disable cookies through your own web browser’s settings. However, disabling this function may diminish your experience on our Website and some features may not work as intended.
What We Do with Information We Collect
Contact You
We may contact you with information that you provide to us based on these lawful grounds for processing:
1. We may contact you if you give us your clear, unambiguous, affirmative consent to contact you.
2. We will contact you under our contractual obligation to deliver goods or services you purchase from us. If you choose to unsubscribe from emails, you may lose or miss access to purchased programs and their delivery.
3. Legitimate Interest. We may contact you if we feel you have a legitimate interest in hearing from us. For example, if you sign up for a webinar, we may send you marketing emails based on the content of that webinar. You will always have the option to opt out of any of our emails.
Process Payments
We will use the Personal Data you give to us in order to process your payment for the purchase of goods or services under a contract. We only use third party payment processors that take the utmost care in securing data and comply with the GDPR.
Targeted Social Media Advertisements
We may use the data you provide to us to run social media advertisements and / or create look-alike audiences for advertisements.
Share with Third Parties
We may share your information with trusted third parties such as our newsletter provider in order to contact you via email, our merchant accounts to process payments, and Google / social media accounts in order to run advertisements and our affiliates.
Viewing by Others
Note that whenever you voluntarily make your Personal Data available for viewing by others online through this Website or its content, it may be seen, collected and used by others, and therefore, we cannot be responsible for any unauthorized or improper use of the information that you voluntarily share (i.e., sharing a comment on a blog post, posting in a Facebook group that we manage, sharing details on a group coaching call, etc.).
Submission, Storage, Sharing and Transferring of Personal Data
Personal Data that you provide to us is stored internally or through a data management system. Your Personal Data will only be accessed by those who help to obtain, manage, or store that information, or who have a legitimate need to know such Personal Data (i.e., our hosting provider, newsletter provider, payment processors or team members).
It is important to note that we may transfer data internationally. For users in the European Union, please be aware that we transfer Personal Data outside of the European Union. By using our Website and providing us with your Personal Data, you consent to these transfers in accordance with this Privacy Policy.
Data Retention
We retain your Personal Data for the minimum amount of time necessary to provide you with the information and / or services that you requested from us. We may include certain Personal Data for longer periods of time if necessary for legal, contractual, and accounting obligations. Inactive email subscribers and purchasers will receive email communication for up to three years before data will be removed.
Confidentiality
We aim to keep the Personal Data that you share with us confidential. Please note that we may disclose such information if required to do so by law or in the good-faith belief that: (1) such action is necessary to protect and defend our rights or property or those of our users or licensees, (2) to act as immediately necessary in order to protect the personal safety or rights of our users or the public, or (3) to investigate or respond to any real or perceived violation of this Privacy Policy or of our Disclaimer, Terms and Conditions, or any other terms of use or agreement with us.
How You Can Access, Update or Delete Your Personal Data
You have the right to:
1. Request information about how your Personal Data is being used and request a copy of what Personal Data we use.
2. Restrict processing if you think the Personal Data is not accurate, unlawful, or no longer needed.
3. Rectify or erase Personal Data and receive confirmation of the rectification or erasure. (You have the “right to be forgotten”).
4. Withdraw your consent at any time to the processing of your Personal Data.
5. Object to our use of your Personal Data.
Unsubscribe
You may unsubscribe from our e-newsletters or updates at any time through the unsubscribe link at the footer of all email communications. If you have questions or are experiencing problems unsubscribing, please contact us at contact@jennyhalemarketing.com. If you unsubscribe from emails required to deliver a paid offer, this may affect your ability to access updates, replays, or live recordings. Please reach out to contact@jennyhalemarketing.com to get sent any access manually for up to 60 days after the paid event.
Security
We take commercially reasonable steps to protect the Personal Data you provide to us from misuse, disclosure, or unauthorized access. We only share your Personal Data with trusted third parties who use the same level of care in processing your Personal Data. We cannot guarantee that your Personal Data will always be secure due to technology or security breaches. Should there be a data breach of which we are aware, we will inform you immediately.
Anti-Spam Policy
We have a no spam policy and provide you with the ability to opt-out of our communications by selecting the unsubscribe link at the footer of all e-mails. We have taken the necessary steps to ensure that we are compliant with the CAN-SPAM Act of 2003 by never sending out misleading information. We will not sell, rent, or share your email address.
Third Party Websites
We may link to other websites on our Website. We have no responsibility or liability for the content and activities of any other individual, company or entity whose website or materials may be linked to our Website or its content, and thus we cannot be held liable for the privacy of the information on their website or that you voluntarily share with their website. Please review their privacy policies for guidelines as to how they respectively store, use and protect the privacy of your Personal Data.
Children’s Online Privacy Protection Act Compliance
We do not collect any information from anyone under 18 years of age in compliance with COPPA (Children’s Online Privacy Protection Act) and the GDPR (General Data Protection Regulation of the EU). Our Website and its content is directed to individuals who are at least 18 years old or older.
Notification of Changes
We may use your Personal Data, such as your contact information, to inform you of changes to the Website or its content, or, if requested, to send you additional information about us. We reserve the right, at our sole discretion, to change, modify or otherwise alter our Website, its content, and this Privacy Policy at any time. Such changes and/or modifications shall become effective immediately upon posting our updated Privacy Policy. Please review this Privacy Policy periodically. Continued use of any of information obtained through or on the Website or its content following the posting of changes and/or modifications constituted acceptance of the revised Privacy Policy. Should there be a material change to our Privacy Policy, we will contact subscribers via email.
Data Controller and Processors
We are the data controllers, as we are collecting and using your Personal Data. We use trusted third parties as our data processors for technical and organizational purposes, including for payments and email marketing. We use reasonable efforts to make sure our data processors are GDPR- compliant.
If you have any questions about this Privacy Policy, please contact Jenny Hale at contact@jennyhalemarketing.com.
Last Updated: March 2023
Disclaimer
This website is owned and operated by JH Marketing Results (“Company,” “we,” or “us”).
This Disclaimer, along with the Terms of Use and Privacy Policy, governs your access to and use of www.jhmarketingresults.com, including any content, functionality and services offered on or through www.jhmarketingresults.com (the “Website”), whether as a guest or a registered user.
Please read the Disclaimer carefully before you start to use the Website. By using the Website or by clicking to accept or agree to the Terms of Use when this option is made available to you, you accept and agree to be bound and abide by the Disclaimer. If you do not want to agree to the Privacy Policy, you must not access or use the Website.
For Educational and Informational Purposes Only
The information contained on this Website and the resources available for download through this website are for educational and informational purposes only.
Not Legal or Other Professional Advice
The information contained on this Website and the resources available for download through this website are not intended as, and shall not be understood or construed as, legal, financial, tax, or other professional advice. While the professional at the Company is a consultant for online marketing, information is not a substitute for legal advice from a licensed attorney or other professional who is aware of the facts and circumstances of your individual situation, city, state, country, or region.
We have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information.
Regardless of anything to the contrary, nothing available on or through this Website should be understood as a recommendation that you should not consult with an attorney or other professional to address your situation. The Company expressly recommends that you seek advice from an attorney and other professional prior to taking any actions.
Neither the Company nor any of its employees shall be held liable or responsible for any errors or omissions on this website or for any damage you may suffer because of failing to seek competent legal or professional advice from a licensed attorney or other professional who is familiar with your situation.
No Attorney-Client or Other Relationship
Your use of this Website – including implementation of any suggestions set out in this Website and/or use of any resources available on this Website – does not create an attorney-client or other professional relationship between you and the Company or any of its professionals. The Company cannot accept you as a client unless and until we determine a contract and legally stated relationship. Thus, you recognize and agree that we have not created any professional-client relationship by the use of this Website.
User’s Personal Responsibility
By using this Website or by joining any paid program of JH Marketing Results LLC, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website, the resources available for download from this Website, or by participating in a paid container. You agree to use judgment and conduct due diligence before taking any action or implementing any plan or policy suggested or recommended on this Website or by JH Marketing Results LLC.
No Guarantees
You agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not or inside a paid container. The Company provides educational and informational resources that are intended to help users of this website or paid programs succeed in business and otherwise. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients or customers of the Company or otherwise – applying the principles set out in this Website or in paid containers are no guarantee that you or any other person or entity will be able to obtain similar results.
Errors and Omissions
This World Wide Web Site is a public resource of general information that is intended, but not promised or guaranteed, to be correct, complete, and up-to-date. We have taken reasonable steps to ensure that the information contained in this Website and any paid program is accurate, but we cannot represent that this Website or paid containers are free of errors. You accept that the information contained on this Website and in paid containers may be erroneous and agree to conduct due diligence to verify any information obtained from this Website and/or resources available prior to taking any action. You expressly agree not to rely upon any information contained in this website or in paid containers without due diligence.
Reviews
At various times, we may provide reviews of products, services, or other resources. This may include reviews of books, services, and/or software applications. Any such reviews will represent the good-faith opinions of the author of such review. The products and services reviewed may be provided to the Company for free or at a reduced price as an incentive to provide a review.
Regardless of any such discounts, we will provide honest reviews of these products and/or services. You recognize that you should conduct your own due diligence and should not rely solely upon any reviews provided on this website.
We will disclose the existence of any discounts or incentives received in exchange for providing a review of a product. If you would like more information about any such discounts and incentives, send an email to contact@jennyhalemarketing.com that includes the title of the reviewed product as the subject line. We will respond via email and disclose any incentives or discounts we received in association with any such review.
Affiliate Links
From time to time, the Company participates in affiliate marketing and may allow affiliate links to be included on some of our pages. This means that we may earn a commission if/when you click on or make purchases via affiliate links.
As a policy, the Company will only affiliate with products, services, coaches, consultants, and other experts that we believe will provide value to our customers and followers.
The Company will inform you when one of the links constitutes an affiliate link.
You recognize that it remains your personal responsibility to investigate whether any affiliate offers are right for your business and will benefit you. You will not rely on any recommendation, reference, or information provided by the Company but will instead conduct your own investigation and will rely upon your investigation to decide whether to purchase the affiliate product or service.
No Endorsements
From time to time, the Company will refer to other products, services, coaches, consultants, and/or experts. Any such reference is not intended as an endorsement or statement that the information provided by the other party is accurate. The Company provides this information as a reference for users. It is your responsibility to conduct your own investigation and make your own determination about any such product, service, coach, consultant, and/or expert.
Testimonials
At various places on this Website, on social media pages by the Company, or via Company email you may find testimonials from clients and customers of the products and services offered on this Website or by the Company. The testimonials are actual statements made by clients and/or customers and have been truthfully conveyed on this Website.
Although these testimonials are truthful statements about results obtained by these clients and/or customers, the results obtained by these clients and/or customers are not necessarily typical. You specifically recognize and agree that the testimonials are not a guarantee of results that you or anyone else will obtain by using any products or services offered on this Website or by the Company.
The testimonials, reviews, endorsements, and insights presented by JH Marketing Results LLC are for illustrative purposes only and are applicable to the individuals depicted.
The testimonials, reviews, endorsements, and insights are a reflection of the unique experiences and opinions of the individuals depicted.
Results may vary and may not be representative of the experience of others using our products and/or services.
The testimonials, reviews, endorsements, and insights are not intended to represent, promise, or guarantee that others will achieve the same or similar results.
The experiences depicted on the Site may not be typical.
Unique experiences and past performances are not predictive of future results.
The testimonials, reviews, endorsements, and insights are either voluntarily provided and screenshot, or in some cases, clients are non-monetarily rewarded for completing program check-in forms that may include celebration and testimonial request questions with non-monetary benefits (like 1:1 calls) for staying on track inside paid containers.
The testimonials, reviews, endorsements, and insights are published on the Site verbatim as provided by the individuals depicted, except for the correction of grammar or typos. Some extraneous information irrelevant to the testimonials, reviews, endorsements, and insights may have been removed or shortened for the purpose of brevity or clarity.
Earnings Disclaimer
From time to time, the Company may report on the success of one of its existing or prior clients/customers. The information about this success is accurately portrayed by the Customer. You acknowledge that the prior success of others does not guarantee your success.
As with any business, your results may vary and will be based on your individual capacity, business experience, expertise, and level of desire. There are no guarantees concerning the level of success you may experience. There is no guarantee that you will make any income at all and you accept the risk that the earnings and income statements differ by individual. Everyone’s success depends on his or her INDIVIDUAL background, social media following, dedication, desire, niche, industry, products, pricing, proper implementation, and/or motivation (and not limited to this).
The use of our information, products and services should be based on your own due diligence and you agree that the Company is not liable for any success or failure of your business that is directly or indirectly related to the purchase and use of our information, products, and services reviewed or advertised on this Website or in paid containers of the Company.
No Warranties
The company makes no warranties regarding the performance or operation of this website or materials by the Company. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website or Company offerings. To the fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download or have access to from the Company or website. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website or Company programs/containers/offers.
The information, software, products, and services included in or available through the Website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The Company and/or its suppliers may make improvements and/or changes in the website and paid containers at any time.
The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the website or in paid programs for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.
If you have any questions about this Disclaimer, please contact Jenny Hale, contact@jennyhalemarketing.com
Effective as of March 2023.
Terms of Use and Site Conditions
The following Terms of Use are entered by and between you and JH Marketing Results (“Company,” “we,” or “us”).
These Website Standard Terms and Conditions (these “Terms” or these “Website Standard Terms and Conditions”) contained herein on this webpage, shall govern your use of this website, including all pages within this website (collectively referred to herein below as this “Website”), and any purchase of paid services/offers/products by JH Marketing Results LLC. These Terms apply in full force and effect to your use of this Website and any paid containers. By using this Website and purchasing from JH Marketing Results LLC, you expressly accept all terms and conditions contained herein in full. You must not use this Website or purchase from JH Marketing Results LLC, if you have any objection to any of these Website Standard Terms and Conditions.
This Website and any paid programs are not for use by any minors (defined as those who are not at least 18 years of age), and you must not use this Website or purchase if you a minor. By agreeing to use this website and/or purchasing, you confirm that you are at least 18 years old.
Variation or Changes to Terms
JH Marketing Results is permitted to revise these Terms at any time as it sees fit, and by using this Website and joining any paid containers, you are expected to review such Terms on a regular basis to ensure you understand all terms and conditions governing use of this Website and offerings by JH Marketing Results LLC.
Privacy
Your use of the Website and / or joining any paid containers is also subject to our Privacy Policy. Please review our Privacy Policy, which also governs the Website and paid containers and informs users of our data collection practices. Your agreement to the Privacy Policy is hereby incorporated into these Terms of Use.
Disclaimer
Your use of the Website and / or joining any paid containers is also subject to the Company’s Disclaimer. Please review our Disclaimer, which also governs the Website and / or paid containers and informs users of various limitations regarding the information provided on the Website or in paid programs. Your agreement to the Disclaimer is hereby incorporated into these Terms of Use.
Access and Account Security
We reserve the right to withdraw or amend this Website and any service or material we provide on the Website or in paid program containers at our sole discretion without notice. We will not be liable if, for any reason all, or any part of the Website or paid programs becomes unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, and to paid programs to users, including registered and paying users.
Paid programs are NOT lifetime access. You are guaranteed access to paid program containers while inside a current contract. However, if JH Marketing Results LLC deems content in paid containers is outdated, no longer being sold, the business is no longer operating, or the Facebook Group where the program is held is no longer running, available, etc. access to the program will no longer be granted.
To access the Website or some of the resources it offers, as well as any paid containers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Website and any resources downloaded from the Website, as well as paid containers, that all the information you provide is correct, current, and complete. You agree that all information you provide to register with this Website or otherwise, including but not limited to, using any interactive features on the Website or in paid programs, is governed by our Privacy Policy, and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
If your access to paid programs is granted by a Facebook account, this must also only be used by the sole client signing the payment contract or purchasing the paid container.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms of Use.
Intellectual Property Rights
You are granted a non-exclusive, non-transferable, revocable license to access and use the Website, and the resources available for download from the Website, and paid container information strictly in accordance with these Terms of Use.
As a condition of your use of the Website and any paid containers, you warrant to the Company that you will not use the Website or any of the resources available for download from the Website or consulting containers for any purpose that is unlawful or prohibited by these Terms. You may not use the Website or any paid containers, or any of the resources available for download, in any manner that could damage, disable, overburden, or impair the Website, paid containers, or interfere with any other party’s use and enjoyment of the Website and paid programs. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Website or paid containers.
All content included as part of the Service, such as text, graphics, logos, images, as well as the compilation thereof, and any software used on the Website, is the property of the Company or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such content and will not make any changes thereto.
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Website or any of the resources available for download from the Website.
The Company content is not for resale. Your use of the Website or any of the resources available for download from the Website, or inside paid containers does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized by these Terms.
The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website are the trademarks of their respective owners.
Under these Terms, JH Marketing Results and/or its licensors own all rights to the intellectual property and material contained in this Website and in paid containers, and all such rights are reserved.
You are granted a limited license only, subject to the restrictions provided in these Terms, for purposes of viewing the material contained on this Website.
Restrictions
You are expressly and emphatically restricted from the following:
- Publishing any Website or paid program material in any media
- Selling, sublicensing and/or otherwise commercializing any Website material or paid program information
- Publicly performing and/or showing any Website material or paid program information
- Using this Website or paid container access/information in any way that is, or may be, damaging to this Website or JH Marketing Results LLC
- Using this Website in any way that impacts user access to this Website
- Using this Website or paid containers contrary to applicable laws and regulations, or in a way that causes, or may cause, harm to the Website, or to any person or business entity
- Engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website, or while using this Website
- Using this Website to engage in any advertising or marketing
- Reteaching information taught inside paid containers to your own audience or profiting off of reteaching information taught by JH Marketing Results LLC
- Copying or tweaking any element of JH Marketing Results' social media content, sales pages, email funnels, scripts, or any other marketing materials and repurposing it for your own business' use.
Copying documents, emails, wording, language, paragraphs or copy/pasting any messaging from Consultant’s marketing is a breach of these policies and will result in termination of any paid client contracts and/or a legal pursuement of a $20,000 fine per post/use for loss of business or brand reputation due to copyright infringement for all Website users and/or clients.
For Educational and Informational Purposes Only
As set forth more fully in the Disclaimer, the information contained on this Website, the resources available for download through this Website, and the information taught inside a paid container are for educational and informational purposes only. This information is not intended as, and shall not be understood or construed as legal, financial, tax, medical, health, or any other professional advice.
Accuracy and Personal Responsibility
As set forth more fully in the Disclaimer, we have done our best to ensure that the information provided on this Website and the resources available for download are accurate and provide valuable information, but we cannot guarantee the accuracy of the information. Neither the Company nor any of its owners or employees shall be held liable or responsible for any errors or omissions on this Website or in paid containers for any damage you may suffer as a result of failing to seek competent advice from a professional who is familiar with your situation.
By using this Website and purchasing paid containers, you accept personal responsibility for the results of your actions. You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available on this Website or the resources available for download from this Website. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended on this Website.
No Guarantees as to Results and Refund Policy
As set forth more fully in the Disclaimer, you agree that the Company has not made any guarantees about the results of taking any action, whether recommended on this Website or not. The Company provides educational and informational resources that are intended to help users succeed. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.
You also recognize that prior results do not guarantee a similar outcome. Thus, the results obtained by others – whether clients of the Company or otherwise – applying the principles set out in this Website or in paid programs are no guarantee that you or any other person or entity will be able to obtain similar results.
For services, products, or courses purchased through JH Marketing Results, LLC, there are no refunds of any kind. All monies paid are non-refundable and non-transferable. Any money paid towards the program is non-refundable and covers administrative onboarding fees, loss of proprietary information, and loss of consulting knowledge/trainings (free or paid).
Once payment is made, no refunds are given at any point in the program due to loss of consulting knowledge (from previously free or paid content) and admin expenses (onboarding time, contract creation, invoicing, Client follow up, etc.).
If there is a problem with payment at any time, any bonus programs or course material previously accessed will be removed from the Client’s future access immediately and without refund. This also includes future calls, Voxer, and all future consulting.
If on a payment plan, the Client is still liable to complete all future payments, even if they do not complete the program for any reason. All contracted total payments must still be paid if a Client fails to pay an invoice on a payment plan at any time during the program and when any onboarding (admin expenses) or consulting has occurred. Late fees apply PER missed payment if on a payment plan if invoice is not fully paid within 24 hours of 12 p.m. ET the day the payment is due.
If the final full payment is NOT received by due date, all deposits/money paid will be forfeited OR a late fee will be added per missed invoice, due within 24 hours to hold the spot to a new date at the original price (new date determined by both parties and only if calendar/program space is possible). Any bonuses will no longer be included if a Client is late on a payment.
If there is a problem with payment at ANY time, Client will be removed from free group(s)/content AND paid access groups, programs, content, etc. permanently or until full payment is made. Clients who miss payments, breach the contract, or default will not be able to work in any capacity with the Consultant in the future.
If there is a problem with client participation or lack thereof at any time, the Client will be removed from free group(s)/content AND only given paid access to the groups, programs, content, etc. they’ve already paid for (until their contracted access ends or the program is retired). Any 1-1 support originally included in the container will immediately end with no refund if the client is not participating in the paid container, not completing homework assignments, and/or not watching modules, etc.
The Client will receive no refund due to failure to complete the program, finding the program not meeting their needs, getting triggered, or any other reason the Client feels they do not have the ability to continue their work with JH Marketing Results LLC.
Email and Other Electronic Communications
Visiting the Website or sending emails to the Company constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Website, satisfy any legal requirement that such communications be in writing.
We would be pleased to communicate with you by e-mail, and there are various places on this Website that provide you the ability to send an electronic communication to the Company. Any such email or other electronic communication, however, does not create a business relationship or any contractual relationship. As set forth more fully in our Privacy Policy, we will take reasonable steps to ensure that any communications remain confidential, but we cannot guarantee the security of such communications and cannot guarantee that we would not be required to disclose such communications as a result of a court order.
The recipient of any email shall keep the information contained in the email and any attachments private and confidential, and shall not disclose it to any person without JH Marketing Results LLC's prior written consent. If the recipient is not the intended recipient they must not keep, forward, copy, use, disclose, save or rely on the email communication, and any such action is unauthorized and prohibited. If an email is received in error, please notify the sender immediately and delete the email. JH Marketing Results LLC disclaims liability for the contents of private emails and does not warrant that the email or any attachments are free from viruses or defects.
Use of Communication Services
The Website may contain bulletin board services, chat areas, news groups, forums, communities, personal web pages, calendars, blog comment sections and/or other message or communication facilities designed to enable you to communicate with the public at large or with a group (collectively, “Communication Services”), you agree to use the Communication Services only to post, send and receive messages and material that are proper and related to the particular Communication Service.
By way of example, and not as a limitation, you agree that when using a Communication Service, you will not: defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others or the Company; publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topic, name, material or information; upload files that contain software or other material protected by intellectual property laws (or by rights of privacy of publicity) unless you own or control the rights thereto or have received all necessary consents; upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another’s computer; advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages; conduct or forward surveys, contests, pyramid schemes or chain letters; download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner; falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded, restrict or inhibit any other user from using and enjoying the Communication Services; violate any code of conduct or other guidelines which may be applicable for any particular Communication Service; harvest or otherwise collect information about others, including e-mail addresses, without their consent; violate any applicable laws or regulations.
By use of this Website, social media forums, or paid containers run by JH Marketing Results LLC, you agree not to attack, abuse, defame, harass, stalk, threaten or criticize JH Marketing Results LLC, or any employee / contractor publicly (public forums, blogs, social networks, private groups, etc.) at any time. In case of breach of this clause, the users agree to pay USD $30,000 per incident/post in reputation, slander, or income damages to JH Marketing Results LLC.
The Company has no obligation to monitor the Communication Services. However, the Company reserves the right to review materials posted to a Communication Service and to remove any materials in its sole discretion. The Company reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.
The Company reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in the Company’s sole discretion.
Always use caution when giving out any personally identifying information about yourself in any Communication Service. The Company does not control or endorse the content, messages or information found in any Communication Service and, therefore, the Company specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized the Company spokespersons, and their views do not necessarily reflect those of the Company.
Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.
Materials Provided to The Website
The Company does not claim ownership of the materials you provide to the Website (including feedback and suggestions) or post, upload, input or submit to any Website or our associated services (collectively “Submissions”). However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.
No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.
By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.
Links to Third Party Websites and Services
The Website may contain links to other Websites (“Linked Websites”). The Linked Websites are not under the control of the Company and the Company is not responsible for the contents of any Linked Website, including without limitation any link contained in a Linked Website, or any changes or updates to a Linked Website. The Company is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by the Company of the Website or any association with its operators.
Certain services made available via the Website are delivered by third-party Websites and organizations. By using any product, service, or functionality originating from the Website, you hereby acknowledge and consent that the Company may share such information and data with any third party with whom the Company has a contractual relationship to provide the requested product, service, or functionality on behalf of the Website’s users and customers.
Use of Templates and Forms
The Company provides various templates, PDFs, Checklists, and/or forms for download and/or sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our templates and/or forms for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the templates and/or forms in any manner, except for modifications in filling out the templates and/or forms for your authorized use.
By ordering or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
Use of Paid Courses, Consulting, Programs, and Associated Material
The Company from time-to-time provides various courses, programs, and associated material for sale on this Website. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our courses, consulting, programs, and associated material (collectively the “Courses / Consulting”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Courses / Consulting in any manner.
By ordering or participating in Courses / Consulting, you agree that the Courses / Consulting you purchase or download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By ordering or participating in Courses / Consulting, you further agree that you shall not create any derivative work based upon the Courses / Consulting and you shall not offer any competing products or services based upon any information contained in the Courses / Consulting.
Use of Free Downloadable Content
The Company provides various resources on this Website, which users may access by providing an e-mail address. The Company grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use.
Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the Company.
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
Guests
The Company may, from time to time, provide information from a third party in the form of a podcast guest interview, interview on other platform, guest blog post, or other medium. The Company does not control the information provided by such third-party guests, is not responsible for investigating the truth of any information provided and cannot guarantee the veracity of any statements made by such guests.
Individuals who agree to appear as guests on any podcast offered by the Company agree to transfer all intellectual property rights they may have in any such interviews to the Company and further provide a license to any rights they are unable to assign.
Cancellation of Subscription
Certain of the Company’s products and services are offered on an ongoing basis with a monthly or yearly subscription. Users may cancel subscriptions at any time by emailing contact@jennyhalemarketing.com.
Your subscription shall continue until the end of the existing subscription period and shall terminate at the completion of that period. You shall not be charged after a cancellation.
No Warranties
The company makes no warranties regarding the performance or operation of this website. The company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included on or through this website or paid programs. To the fullest extent permissible under the law, the company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose.
Limitation of Liability
You agree to absolve the company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the information contained on this website and/or the resources you may download from this website. You agree that the company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of this website.
The information, software, products, and services included in or available through the website may include inaccuracies or typographical errors. Changes are periodically added to the information herein. The company and/or its suppliers may make improvements and/or changes in the website at any time.
The company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the website for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall the company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the website or paid programs, with the delay or inability to use the website or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the website, or otherwise arising out of the use of the website or paid programs, whether based on contract, tort, negligence, strict liability or otherwise, even if the company or any of its suppliers has been advised of the possibility of damages. Because some states/jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. If you are dissatisfied with any portion of the website or paid programs, or with any of these terms of use, your sole and exclusive remedy is to discontinue using the website.
Arbitration
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Website, the Company, any and all contracts you enter into with the Company, and any and all of the Company’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Virginia. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.
International Users
The Service is controlled, operated, and administered by the Company from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use the Company Content accessed through the Website in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.
Indemnification
You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents and third parties, for any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Website or services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.
Termination and Access Restriction
The Company reserves the right, in its sole discretion, to terminate your access to the Website and the related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, and you hereby consent to resolve any and all disputes arising under or related to this Website or the Terms of Use pursuant to the Arbitration Clause above. Use of the Website is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.
If there is a violation of these Terms and Conditions, liquidated damages will be sought for $100,000+ USD. This includes, but is not limited to breaking copyright, breaking non-disclosure agreements, sharing course materials with non-purchasers, breaking intellectual agreements, etc. JH Marketing Results LLC has full rights to pursue a lawsuit, injunction against the user, seek damages incurred, etc. for violations.
No Joint Venture or Other Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of this agreement or use of the Website. The Company’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogation of the Company’s right to comply with governmental, court, and law enforcement requests or requirements relating to your use of the Website or information provided to or gathered by the Company with respect to such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.
Entire Agreement
Unless otherwise specified herein, this agreement, along with the Privacy Policy and Disclaimer, constitutes the entire agreement between the user and the Company with respect to the Website, paid programs, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and the Company with respect to the Website or paid containers. Paid clients must follow all aspects included here PLUS their written contract for 1:1 support/group access/close-proximity (non-self paced course) support. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be written in English.
For questions, please contact Jenny Hale, contact@jennyhalemarketing.com; state of Virginia, USA.
General Course and Program Contract with Jenny Hale, JH Marketing Results LLC
This contract is a legally binding agreement between the purchaser ("Client"), and Jenny Hale, JH Marketing Results LLC (“Consultant”). By purchasing any Program from JH Marketing Results, LLC (“Consultant,” “Company”, “we”, or “us”), you agree and consent to the following legal terms and conditions that govern your use of the Program.
Agreement
Whereas the Consultant will deliver the Client course and program materials, as outlined on the sales page.
Whereas the Client will compensate the Consultant for said program, based on the payment plan at purchase (See Sec. 3).
Whereas this agreement is binding.
Whereas the Client has the option to upgrade their base Consulting services in exchange for an agreed payment.
Use and Consent
All of our Programs are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to any Programs by anyone under age 18 is unauthorized, unlicensed and in violation of these Terms of Use. By accessing or using our Programs you represent and warrant that you are at least 18 years old.
Disclaimer
This Program does not guarantee income, success, or any projected increase in sales or revenue. Company cannot guarantee any success from taking this Course. Each person’s success and results depends on many factors including dedication, desire, motivation, execution of strategies properly, and type of business. You accept the risk of not achieving any results (or less than desirable results) from taking the Program.
The Consultant is not legally liable or required to be knowledgeable of the legal implications of the marketing strategies implemented or the nature of the Client’s business. The Client is responsible for researching and abiding by all local, state, and country laws when implementing the Consultant’s strategies. This may include, but is not limited to, contests, affiliate or referral programs, social media posts, live trainings, marketing copy or content, sensitive topics (trauma, healing, disorders, etc.), etc.
Consultant is not liable for lack of results due to poor implementation of the marketing strategies, lack of consistency, an unengaged or targeted audience, lack of personal action, or any other reason. Client understands that sales take time, consistency, and long-term marketing efforts that extend beyond Consulting program.
With mindset and personal manifestation work, it is the Client’s responsibility to seek professional support, trauma support, or mental health care should they get triggered by working through activities in this program. JH Marketing Results LLC is not a medical professional, doctor, or able to give mental health or medical advice. It is the Client’s responsibility to seek support outside of the program if they feel they need additional help. This Program does not provide any professional financial, legal, medical or psychological services or advice. None of the content of the Program cures or treats any mental or medical condition. You are responsible for your own physical, mental and emotional well-being, decisions, choices, actions and results. Program disclaims any liability for your reliance on any opinions or advice contained in the Program.
Any third-party links to products or services are subject to separate terms and conditions. Program is not responsible for or liable for any content on or actions taken by such third-party websites. Although Program may recommend third party sites, products or services, it is your responsibility to fully vet such third parties before entering into any transaction or relationship with them.
Purchases and Online Commerce
By purchasing the Program, you give us permission to automatically charge your credit or debit card as payment for your Program without any additional authorization, for which you will receive an electronic receipt. You also agree to being added to the JH Marketing Results, LLC’s email list for marketing and promotional emails.
Late Payment and Compensation Policy
Consultant will be paid in total for the program through either pay-in-full or a payment plan option. This fee is non-refundable or transferable. All payments are due at time of purchase or at specific dates each month.
If payment is not received by the date due, you will have a 24 hour grace period to make the payment. If payment is not received by the next day, the Client’s access to the Program will not continue and we reserve the right to cease your access immediately and permanently without refund. Any bonuses you received during purchase will also be removed from access.
If you fail to make a payment in a timely manner in accordance with these Terms of Use or voluntarily decide to withdraw from our Programs, Products or Services at any time or for any reason whatsoever, you still will remain fully responsible for the full cost of the Program. If you wish to not continue in the program all remaining payments and balances will still be owed to the Company in timeline agreed upon purchase. You will also lose access to any content within the Program and any bonuses received upon purchase without refund.
Refund Policy
There is a no refund policy. You acknowledge that we do not offer refunds for any portion of your payment for any of our Programs and no refunds will be provided to you at any time for any reason.
Intellectual Property Rights
Our Programs are our property and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws.
When you enroll in or purchase our Programs you agree that you are clearly and expressly prohibited from copying, sharing or stealing our Program materials or any parts in any way or for any reason. These cannot be re-taught to your clients, shared with other members on your team, or used / viewed by any other person than the original purchaser.
The Consultant has created a unique and individualized strategy and process for visibility marketing. Verbal consulting, written consulting, and any content delivered / feedback is copyrighted and considered intellectual property of the Consultant.
The Consultant has developed through substantial effort, research, time, and expense certain inventions, design concepts, methodologies, technical know-how, copyrightable material and trade secrets directed and related to creating visibility marketing campaigns (“INFORMATION”);
The Consultant desires to disclose the INFORMATION on a confidential basis to the Client solely for the purposes of creating an actionable marketing strategy for visibility and future sales.
The Consultant desires to maintain the confidentiality of the INFORMATION and the protection of Consultant’s intellectual property rights.
In consideration of the mutual promises, covenants, and conditions contained herein, the sufficiency of which is hereby acknowledged, the parties agree as follows:
The Consultant agrees to disclose INFORMATION to the Client to facilitate Client’s marketing strategy.
The Client agrees to receive such INFORMATION and to refrain from copying, disclosing, using, selling, or offering for sale any and all of said INFORMATION or knowledge gained from the INFORMATION, other than at the request of the Consultant. The Client agrees to keep confidential and refrain from disclosing any and all of the INFORMATION and to take all necessary and reasonable steps to prevent unauthorized disclosure or use of any and all of the INFORMATION.
No right or license is granted by the Consultant to the Client in connection with the technical information, inventions, strategy, content, etc. disclosed under this agreement. All documents or materials constituting the INFORMATION and all reproductions thereof shall at all times remain the sole property of the Consultant and shall promptly be returned by the Client upon request.
This Agreement shall remain in force in spite of disclosure of the INFORMATION by the Consultant in the form of patent applications, copyright applications, or other disclosures.
The Client shall not make, or cause to be made, any copies, facsimiles or other reproductions including data files of any documents containing confidential information of the Consultant and to use all other reasonable means to maintain the secrecy and confidentiality of the confidential information of the Consultant. This includes, but is not limited to, sharing documents or strategies with Virtual Assistants, employees, Clients, or to those other than the individual receiving the Consulting - via email, implementation of another kind, or verbal.
The Client shall not institute any action or suit at law or in equity against the Consultant, nor institute, prosecute or in any way aid in the institution or prosecution of any claim, demand, action, or cause of action arising out of the INFORMATION or any INTELLECTUAL PROPERTY thereof, including but not limited to, claim, demand, action, or cause of action for invalidating any INTELLECTUAL PROPERTY of the Consultant.
The Client agrees that should they breach any of the promises contained in this Agreement that the Consultant would suffer irreparable harm and the Consultant would be without adequate remedy at law and that the Consultant may obtain injunctive relief, including specific performance of the Agreement, as well as monetary award for damages suffered by the Consultant for the Client’s breach of this Agreement.
A party shall not be deemed to have waived any rights hereunder unless such waiver is in writing and signed by a duly authorized officer of the party making such waiver.
Should a court of competent jurisdiction find that any portion of this Agreement is invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect, and the parties shall use reasonable efforts to substitute a valid, legal, and enforceable provision that implements purposes of the provision so held invalid, illegal, or unenforceable to any extent permissible under the law.
Your License to Us
By posting or submitting any material on or through our Programs, such as comments, posts, photos, images or videos, testimonials or other contributions, you are representing that you are the owner of all such materials and you are at least 18 years old.
You are also granting us, and anyone authorized by us, an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, modify, transmit, sell, distribute, and/or publicly display such contributions, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and granting us the right to make it part of our current or future Programs and/or our marketing or promotional efforts.
Media Release
By participating in our Programs, Products and Services, and using our Program Materials, including our Facebook community, you consent to photographs, screenshots, videos, and/or audio recordings that may be made that may contain you, your voice and/or your likeness. In our sole discretion, we reserve the right to use these photographs, videos, screenshots, and or/audio recordings and/or any other materials submitted by you to us in connection with your participation in our Program in our current or future Programs and/or our marketing or promotional efforts, without compensation to you at any time, now or at any time in the future.
Security
When you apply for, enroll in, purchase or use our Programs, Products or Services, or Program Materials we may seek and collect personal data and information including but not limited to your name, e-mail address, phone number, billing information, credit card or payment information, demographic information, preferences, interests, or other personally-identifying information (“Confidential Information”).
By providing such Confidential Information to us, you grant us permission to use and store such Confidential Information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential. We take precautions to protect such Confidential Information. When you submit Confidential Information via our Program, Product, Service or Program Materials, we take measures to protect the security of your Confidential Information both online and offline. However, due to the nature of the Internet, we cannot completely ensure or warrant the security of your Confidential Information or of any other data or information transmitted to us or through our services; therefore submitting Confidential Information, data or other information is done at your own risk.
We have security measures in place to prevent the loss, misuse, and alteration of the information that is obtained from you, but we make no assurances about our ability to prevent any such loss, misuse, to you or to any third party arising out of any such loss, misuse, or alteration.
Technology Disclaimer
We try to ensure that the availability and delivery of our Programs is uninterrupted and error-free, including our content and communications through methods like our Website, membership portal, private Facebook groups, e-mail communications, videos, audio recordings, webinars, recorded webinars, emails, downloadable Mp3 audio files, downloadable PDF printed transcripts, downloadable PDF handouts / slides, handouts, ebooks, or any other materials provided by us to you.
However, we cannot guarantee that your access will not be suspended or restricted, including to allow for repairs, maintenance or updates, or the retiring of a program no longer available for public sale, although, of course, we will try to limit the frequency and duration of suspension or restriction. To the fullest extent permitted by law, we will be not be liable to you for damages or refunds, or for any other recourse, should our Programs become unavailable or access to them becomes slow or incomplete due to any reason, such as system back-up procedures, internet traffic volume, upgrades, overload of requests to the servers, general network failures or delays, or program access ending due to outdated information/updates, or any other cause which may make our Programs inaccessible to you.
We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Programs. Every effort has been made to present you with the most accurate, up-to-date information, but because the nature of this information is constantly evolving, we cannot be held responsible or accountable for the accuracy of our content. You acknowledge that such information may contain inaccuracies or errors and we are not liable for any such inaccuracies or errors to the fullest extent permitted by law.
If the JH Marketing Results LLC business no longer exists or past programs become outdated/are no longer publicly sold, prior purchased content will or may no longer be available to you, including, but not limited to, training modules, Facebook Groups, or access links. If the nature of social media changes, access may no longer be offered for programs or content held inside social media platforms.
Indemnification
You agree at all times to defend, indemnify and hold harmless our Company, as well as any of our affiliates, agents, contractors, officers, directors, shareholders, employees, joint venture partners, successors, transferees, assignees, and licensees, as applicable, from and against any and all claims, causes of action, damages, liabilities, costs and expenses, including legal fees and expenses, arising out of or related to our Programs or your breach of any obligation, warranty, representation or covenant set forth in these Terms and Conditions or in any other agreement with us.
Limitation Of Liability
We will not be held responsible or liable in any way for the information, products or materials that you request or receive through or on our Programs. We do not assume liability for accidents, delays, injuries, harm, loss, damage, death, lost profits, personal or business interruptions, misapplication of information, physical or mental disease, condition or issue, or otherwise, due to any act or default of anyone or any business, whether owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise, affiliated with us. We do not assume liability for any owners, staff, agents, joint venture partners, contractors, vendors, affiliates or otherwise who is engaged in rendering our Programs, or in any way or in any location. In the event that you use our Programs or any other information provided by us or affiliated with us, we assume no responsibility.
Establishing an online and marketing presence and initiating a two-way flow of communication between the Client and the public can have unintended consequences on the Client’s reputation and business success. Increasing visibility online can bring additional positive and negative attention to a business in multiple ways. Should this occur, the Client waives its right to hold the Consultant responsible for any damage and/or liability that may arise from the Consultant’s advice, content, or recommendations.
Release Of Claims
In no event will we be liable to any party for any type of direct, indirect, special, incidental, equitable or consequential damages for any use of or reliance on our Programs, or on those affiliated with us in any way, and you hereby release us from any and all claims; including, without limitation, those related to lost profits, personal or business interruptions, personal injuries, accidents, misapplication of information, or any other loss, physical or mental disease, condition or issue, or otherwise, even if we are expressly advised of the possibility of such damages or difficulties.
These Terms of Use require the use of arbitration on an individual basis to resolve disputes, rather than jury trials, and limit the remedies available to you in the event of a dispute. You fully understand and agree that by enrolling in, purchasing and/or using any of our Programs, Products, Services and Program Materials that you are waiving certain legal rights and you are voluntarily agreeing to do so.
Your Conduct
You are agreeing that you will not use our Programs in any way that causes or is likely to cause the Programs, or access to them, either to be interrupted, damaged or impaired in any way. You understand that you are solely responsible for all electronic communications and content sent from your computer to this Website and its Content and to us.
You must use the Programs for lawful purposes only. You agree that you will not use our Programs in any of the following ways:
- For fraudulent purposes or in connection with a criminal offence or otherwise carry out any unlawful activity
- To send, use or re-use any material that is illegal, offensive, abusive, indecent, harmful, defamatory, obscene or menacing, abusive, threatening, objectionable, invasive of privacy, in breach of confidence, infringing of any intellectual property rights, or that may otherwise may injure others
- To send, negatively impact, or infect our Programs with software viruses or any other harmful or similar computer code designed to adversely affect the operation of any computer software or hardware, commercial solicitation, chain letters, mass mailings or any spam, whether intended or not
- To cause annoyance, inconvenience or needless anxiety
- To impersonate any third party or otherwise mislead as to the origin of your contributions
- To reproduce, duplicate, copy or resell any part of our Programs in a way that is not in compliance with these Terms of Use or any other agreement with us.
Communication Guidelines
If you have a question or concern about your Programs, Products, Services, or Program Materials, you may send an e-mail to contact@jennyhalemarketing.com and we will do our best to reply to your question or concern promptly.
Dispute Resolution
It is hoped that should we ever have any differences we could be able to work them out amiably through e-mail correspondence. However, should we be unable to seek resolution within a reasonable time, you agree now that that the only method of legal dispute resolution that will be used is binding arbitration before a single arbitrator, selected jointly, in accordance with the American Arbitration Association Rules. Prior to seeking arbitration, you must send an e-mail to contact@jennyhalemarketing.com and include all of your reasons for dissatisfaction. You understand and agree now that the only remedy that could be awarded to you through arbitration is full refund of your Payment made to date. Note that you have agreed to a no refund clause in this contract.
No other actions or financial awards of consequential damages, or any other type of damages, will be granted to you. We both agree now that the decision of the arbitrator is final and binding and may be entered as a judgment into any court having the appropriate jurisdiction. By purchasing our Programs you are agreeing to a modification of the statute of limitations such that any arbitration must be begun within 60 days (2 months) of the date of the date of your e-mail to me referenced above or you waive the right to seek dispute resolution by arbitration or to take any other legal action. You also agree that should arbitration take place, it will be held in Virginia, USA where the Consultant’s business is located, and the prevailing party shall be entitled to all reasonable attorneys’ fees and all costs necessary to enforce the decision of the arbitrator.
In the event of a dispute between us, you agree to not engage in any conduct or communications, public or private, designed to disparage us, our Company, or any of our Programs. Client agrees not to attack or criticize Jenny Hale, JH Marketing Results LLC, or any employee / contractor publicly (public forums, blogs, social networks, private groups, etc.) at any time during or subsequent to contract period. In case of breach of this clause, client agrees to pay USD $30,000 in damages to Jenny Hale / JH Marketing Results LLC.
If any terms of these Terms of Use are construed to be invalid or unenforceable for any reason, it shall not affect the validity or enforceability of any other term which shall be given full force and effect.
Confidentiality
To use our Programs we may seek Confidential Information, or you may offer or provide a comment, photo, image, video or any other submission to us when using or participating in our Programs (“Other Information”). By providing such Confidential Information or Other Information to us, you grant us permission to use and store such information. We, in turn, will use our best efforts to keep your Confidential Information safe, secure and confidential in accordance with these Terms of Use and our full Privacy Policy which may be found on our Website. If you believe that any of your Confidential Information is incorrect or incomplete, please contact us as soon as possible. We will promptly correct any Confidential Information found to be incorrect.
If you have any questions about any term of these Terms of Use, please contact us at contact@jennyhalemarketing.com.
Updated March 2023.
