Updated OCTOBER 2021
This writing outlines the intended legal relationship between Jennifer Milius, Inc. (the “COMPANY”) and you (the “BUYER”, “you” and or “your”).
The writing (the “AGREEMENT”) is intended to govern and control your purchase of the Non-Fiction Book Brainstorm or Fiction Book Brainstorm (the “WORKBOOK” and or “WORKBOOKS”) from the COMPANY.
The COMPANY and the BUYER are the intended parties (the “PARTIES”) to this AGREEMENT.
ACCEPTING THESE TERMS
As the BUYER, you are entering into a legally binding agreement with the COMPANY, a Virginia S Corporation, according to the following terms and conditions, when you do any of the following:
• Click “I Agree”
• Enter your credit card information and click to purchase the WORKBOOK, or
• Enroll electronically in the WORKBOOK
With this acceptance, the PARTIES agree that any individual, associate, and or assign are bound by the terms of this AGREEMENT. A facsimile, electronic, or emailed executed copy of acceptance of this AGREEMENT is legally binding with either a written or electronic signature and has the same result as an originally signed copy.
This AGREEMENT is executed and valid, when BUYER accepts these terms (electronically, verbally, written, and or otherwise).
The terms of this AGREEMENT are binding on any additional goods and or services supplied by COMPANY to BUYER.
PARTIES agree that the WORKBOOK is in the nature of educational and informational content relating to life and business.
The scope of services provided by COMPANY according to this AGREEMENT are limited to those listed on COMPANY’s website, or as part of the WORKBOOKS. COMPANY reserves the right to substitute services equal to or comparable to the WORKBOOKS for the BUYER if the need arises, without prior notice.
THE COMPANY PROVIDES ACCESS TO THE BUYER WITH THE PURCHASE OF THE WORKBOOKS FOR 7 CALENDAR DAYS FROM DATE OF PURCHASE.
NO TRANSFER OF INTELLECTUAL PROPERTY
COMPANY’s copyrighted and original materials are provided to the BUYER for his or her INDIVIDUAL USE ONLY and under a limited single-user license.
SINGLE-USER LICENSE is defined as giving permission to the BUYER to use and alter the WORKBOOK in creating and or doing work that is within the intended purpose of the WORKBOOK.
BUYER is not authorized to use any of COMPANY’s intellectual property, trademarks and or copyrights, for any purpose outside the scope of the WORKBOOK’S intended purpose.
BUYER is not authorized to share, copy, distribute, or otherwise disseminate any materials received from COMPANY electronically, or otherwise without the prior written consent of the COMPANY.
ALL INTELLECTUAL PROPERTY, INCLUDING COMPANY’S COPYRIGHTED COURSE MATERIALS SHALL REMAIN THE SOLE PROPERTY OF THE COMPANY. ONLY A LICENSE TO USE COMPANY’S MATERIALS IS GRANTED.
To the extent that BUYER interacts with COMPANY staff and or other BUYERS, BUYER agrees to behave professionally, courteously, and respectfully with staff and BUYERS at all times.
BUYER agrees that failing to follow course rules is cause for termination of this AGREEMENT. In the event of such a termination, BUYER is not entitled to recoup any amounts paid and remains responsible for all outstanding amounts of the FEE.
In the event that a dispute arises between the PARTIES or a grievance by BUYER, the PARTIES agree and accept that the only venue for resolving such a dispute is the venue identified below.
PARTIES further agree that they will not engage in any conduct or communications public or private, designed to disparage the other. Such an act constitutes a breach of this AGREEMENT.
BUYER agrees to pay COMPANY the stated fee (the “FEE”) according to the payment terms:
• As outlined on COMPANY’s website,
• Provided through email,
• Listed on the offer checkout page at time of purchase, or
• As otherwise noted in this AGREEMENT
Upon execution of this AGREEMENT, BUYER is responsible for the full FEE. If BUYER decides to cancel, not participate, or changes his or her mind, the COMPANY DOES NOT PROVIDE ANY REFUND FOR ANY REASON TO THE BUYER.
CHARGEBACKS & PAYMENT SECURITY
To the extent that BUYER provides COMPANY with credit card(s) information for payment of FEE on BUYER’s account, COMPANY is authorized to charge BUYER’s credit card(s)for any unpaid charges on the dates agreed to in the Payment Schedule.
BUYER shall not make any chargebacks to COMPANY’s account or cancel the credit card that is provided as security without COMPANY’s prior written consent.
BUYER is responsible for any fees associated with recouping payment and collection fees associated with the chargeback, including attorneys’ fees.
BUYER shall not change any of the credit card information provided to the COMPANY without notifying COMPANY in advance.
In the event of any conflict between the provisions contained in this AGREEMENT, any marketing materials used by COMPANY, COMPANY’s representatives, or employees, the provisions in this AGREEMENT control.
This AGREEMENT is the entire AGREEMENT between the PARTIES relating to the subject matter and supersedes all prior and contemporaneous agreements, negotiations and understandings, oral or written. Modification to this AGREEMENT is by a writing signed by both PARTIES.
LIMITATION OF LIABILITY
By using COMPANY’s services and enrolling in the WORKBOOKS, BUYER releases COMPANY, its officers, employees, directors, and related entities from any and all damages that may result from using the WORKBOOKS.
The WORKBOOKS provides educational and informational content relating to life and business. BUYER accepts any and all risks, foreseeable or non-foreseeable arising from the WORKBOOKS.
Regardless of the previous paragraph, if COMPANY is found to be liable, COMPANY’s liability to BUYER or to any third party is limited to the lessor of:
a) The total amount of money BUYER paid to COMPANY in the one month prior to the action giving rise to the liability, or
b) 50% of purchase price
All claims against the COMPANY must be filed with the entity having jurisdiction within 90 days of the date of the first claim or otherwise be forfeited forever.
BUYER agrees that COMPANY will not be held liable for any damages of any kind resulting or arising from, including but not limited to; direct, indirect, incidental, special, negligent, consequential, or exemplary damages happening from the use or misuse of COMPANY’s services or enrollment in the WORKBOOKS.
BUYER agrees that use of COMPANY’s services is at BUYER’s own risk.
BUYER recognizes and agrees that all of the COMPANY’s shareholders, trustees, affiliates, and successors shall not be held personally responsible or liable for any actions, or representations of the COMPANY.
BUYER shall defend, indemnify (insure and protect), and hold harmless the COMPANY, COMPANY’s shareholders, trustees, affiliates, employees, and successors from and against all liabilities and expenses that they may incur or be obligated to pay because of their relationship with the WORKBOOKS.
These include (without limitation): claims, damages, judgments, awards, settlements, investigations, legal actions, regulatory actions, costs, attorneys fees, disbursements, or the like that occur from or are related to this AGREEMENT.
Any expenses or liabilities that result from a breach of this AGREEMENT, sole negligence, or willful misconduct by the COMPANY, COMPANY’s shareholders, Trustees, Affiliates, or Successors are excluded from indemnification.
DISCLAIMER OF GUARANTEE
COMPANY makes no representations or guarantees verbally or in writing regarding performance of this AGREEMENT other than those specifically stated. COMPANY and its affiliates disclaim the implied warranties of titles, merchantability and fitness for a particular purpose.
The COMPANY will not be deemed to be in breach of this AGREEMENT for any delay or failure in performance caused by reasons out of its reasonable control, including acts of God or a public enemy; natural calamities; failure of a third party to perform; changes in the laws or regulations; actions of any civil, military or regulatory authority; pandemic; state of emergency declared by any local, state or federal government; power outage or other disruptions or communication methods or any other cause which would be out of the reasonable control of the COMPANY.
CHOICE OF LAW/VENUE
This AGREEMENT is governed and interpreted in accordance with the laws of the State of Virginia without giving effect to any principles of conflicts of law.
The PARTIES agree to submit any dispute or controversy arising out of, or relating to this AGREEMENT to arbitration in the State of Virginia, City of Chesapeake, according to the rules of the American Arbitration Association. The arbitration is binding upon the PARTIES and their successors in interest. The prevailing party may collect all reasonable legal fees from the non-prevailing party in order to enforce the provisions of this AGREEMENT.
The ownership, non-circumvention, non-disparagement, proprietary rights, and confidentiality provisions, and any provisions relating to payment of FEES owed set forth in this AGREEMENT, and any other provisions that by their sense and context the PARTIES intend to have survive, shall survive the termination of this AGREEMENT for any reason.
If any of the parts or provisions contained in this AGREEMENT are interpreted as invalid or unenforceable only that part or provision is affected. The invalidity or unenforceability does not affect the other parts or provisions of the AGREEMENT.