TERMS AND CONDITIONS
Effective date: November 22, 2022
Welcome to The Freelancing Program! The Freelancing Program is a product of Jamie’s social media company, Jimbo LLC (“company”, “we”, “us”, or “our”). Jimbo LLC operates this website https://www.thefreelancingprogram.com & https://www.thefreelancingprogram.mykajabi.com (the “Site”) and the educational courses and offerings offered on the Site (the “Services”). As used throughout the remainder of this agreement, the term “Site” shall collectively refer to both (i) the Site, and (ii) the Services.
Each time you access or use the Site, you agree to be bound by these Terms of Use, including any future modifications. Please read these terms carefully and keep a copy of them for your reference. In addition, certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted and available for review. By using such features, you are expressly acknowledging that you have read and agree to be bound by all such additional terms, guidelines, and rules applicable thereto. If any of the additional guidelines, terms, or rules governing such features conflict with these Terms of Use, the additional guidelines, terms, or rules will control.
1. PRIVACY POLICY
Your use of the Site is subject to our Privacy Policy. Please review the Privacy Policy, which also informs users of our data collection policies.
2. ELECTRONIC COMMUNICATIONS
Visiting the Site and sending emails to us constitutes electronic communication. 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 Site, satisfy any legal requirement that such communications be in writing.
3. ACCOUNTS
3.1 Account Creation. In order to use certain features of the Site, you must register for an account (“Account”) and provide certain information about yourself as prompted by the account registration form. You represent and warrant that: (a) all required registration information you submit is truthful and accurate; (b) you will maintain the accuracy of such information. You may not create an account if you are younger than 18 years of age. By creating an account, you represent that you are at least 18 years of age, and, to the extent required by law, you have the permission of a parent or guardian to create an account and use the Services. You may terminate or delete your Account at any time, for any reason, by following the instructions on the Site.
3.2 Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information. YOU ARE FULLY RESPONSIBLE FOR ANY AND ALL ACTIVITIES AND CONDUCT, WHETHER BY YOU OR ANYONE ELSE, THAT OCCUR OR ARE CONDUCTED UNDER YOUR ACCOUNT. You agree to immediately notify us of any unauthorized use, or suspected unauthorized use of your Account or any other breach of security. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements. You may be held liable for any losses incurred by us or another party due to someone else using your account or password. If you are using a computer that others have access to, you must log out of your account after each session.
3.3 Children under Thirteen. We do not knowingly collect, either online or offline, personal information for persons under the age of thirteen. If you are under the age of 18, you may use this Site only with permission of a parent or guardian.
3.4 Parents and Guardians. By granting your minor child permission to use the Services through your account, you understand that you are responsible for monitoring and supervising your child’s usage. If you believe your child is using your account and does not have your permission, please contact us so that we can disable access.
3.5 User Obligations. You agree to abide by all applicable local, state, national, and international laws and regulations with respect to your use of the Site. You also acknowledge and agree that your use of the internet and access to this Site is solely at your own risk. You should also understand that the confidentiality or any communication or material transmitted to/from a Site over the internet or other form of global communication network cannot be guaranteed. The Company is not responsible for the security of any information transmitted to or from the Site.
3.6 Subscription and Payments.
a) Subscription Fees. In order to access certain functionality of the Site, you may be required to pay subscription fees. All subscription fees are payable in advance and are non-refundable.
(b) Payments. You must have internet access and provide us with a current, valid method of payment (as made available by us from time to time, “Payment Method”) to access and use subscription-based services on the Site. In order to access certain functionality of the Site, you may be required to pay course fees. All course fees are payable in advance and are non-refundable. When you provide your payment information, you authorize us and certain third-party service providers, payment networks and payment processors to receive, store and encrypt your payment information. You may switch to a different Payment Method or update your information by visiting www.thefreelancingprogram.com If you pay through Google Play, iTunes store, or a similar service, you may change your Payment Method through the corresponding store account.
4. ACCESS TO THE SITE
4.1 License. You are granted you a non-transferable, non-exclusive, revocable, limited license to use and access the Site and Services (subject to payment of subscription fees, when applicable) solely for your own personal, noncommercial use. As a condition to your use of the Site, you warrant to us that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to obtain any materials or information through any means not intentionally made available or provided for through the Site.
4.2 Certain Restrictions. The rights granted to you in these Terms are subject to the following restrictions: (a) you shall not license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site, whether in whole or in part, or any content displayed on the Site; (b) you shall not modify, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website, product, or service; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COPYING OR REPRODUCING ANY SERVICES, PROGRAMS, PRODUCTS, INFORMATION OR MATERIALS PROVIDED BY COMPANY TO ANY OTHER SERVER OR LOCATION FOR FURTHER REPRODUCTION OR REDISTRIBUTION IS EXPRESSLY PROHIBITED. Unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms. All copyright and other proprietary notices on the Site (or on any content displayed on the Site) must be retained on all copies thereof.
4.3 Intellectual Property Rights. All content and information presented on the Site, including, without limitation, text, data, images, photographs, audio, video, and user interface, as well as the compilation thereof (collectively, the “Content”), and any trademarks, service marks, and logos used on the Site (the “Marks”), is the property of Jimbo LLC or its suppliers, sponsors, and affiliates, and is protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the United States, foreign jurisdictions and international conventions. You agree to observe and abide by all copyright and other proprietary notices, legends or other restrictions contained in any such Content and Marks. You also agree not to modify, publish, transmit, participate in the transfer of sale of Content or derivative works, or in any way exploit any of the Content or Marks, in whole or in part, found on the Site. The Content is not for resale. Neither these Terms (nor your access to the Site) transfers to you or any third party any rights, title or interest in or to such intellectual property rights, except for the limited access rights expressly set forth in Section 4.1. Jimbo LLC and its suppliers reserve all rights not granted in these Terms. There are no implied licenses granted under these Terms.
4.4 International Users. This Site is controlled, operated and administered from our offices in California, in the United States of America. If you access the Site from a location outside of the USA, you are responsible for compliance with all local laws. You agree that you will not use the Content accessed through the Site in any country or in any manner prohibited by any applicable laws, restrictions or regulations.
4.5 Modification. We reserve the right, at any time, to modify the Site (in whole or in part) with or without notice to you. It is therefore important that you review these Terms regularly. You agree that we will not be liable to you or to any third party for any modification of the Site or any part thereof. You also agree that we will not be liable to you or to any third party for any suspension or termination of the Site.
4.6 No Support or Maintenance. You acknowledge and agree that we will have no obligation to provide you with any support or maintenance in connection with the Site.
4.7 Indemnification. You agree to indemnify, defend and hold harmless Jimbo LLC, its officers, directors, employees, agents, suppliers, affiliates and third parties, from any losses, costs, liabilities and expenses (including reasonable attorneys’ fees) relating to or arising out of the use of or inability to use the Site or services, any user posting made by you or others using your account, your violation of the 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. Jimbo LLC reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Jimbo LLC in asserting any available defenses. You agree not to settle any matter involving an indemnified party herein without the prior written consent of Jimbo LLC. Jimbo LLC will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
4.8 Arbitration. Please read this Arbitration Agreement carefully. It is part of your contract with us and affects your rights. It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
(a) Arbitration. In the even the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provisions hereof, whether in contract, tort or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected parties, at a location set in Los Angeles County, California. The arbitrator’s award shall be final, and judgement may be entered upon it in any court having jurisdiction. If any legal or equitable action, proceeding or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorneys’ fees. The parties agree to arbitrate all disputes and claims regarding these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
(b) Class Action Waiver. Any arbitration under these Terms and Conditions will take place on an individual basis; class arbitrations and class/representative collective actions are not permitted. THE PARTIES AGREE THAT A PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN EACH’S INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN A PUTATIVE CLASS, COLLECTIVE AND/OR REPRESENTATIVE PROCEEDING, SUCH AS IN THE FORM OF A PRIVATE ATTORNEY GENERAL ACTION AGAINST THE OTHER. Further, unless both you and Jimbo LLC agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
(c) Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this arbitration agreement. Arbitration procedures are typically more limited, more efficient and less costly than rules applicable in a court and are subject to very limited review by a court. In the event any litigation should arise between you and Jimbo LLC in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND Jimbo LLC WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.
(d) Confidentiality. All aspects of the arbitration proceeding, including but not limited to the award of the arbitrator and compliance therewith, shall be strictly confidential. The parties agree to maintain confidentiality unless otherwise required by law. This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.
(e) Severability. If any part or parts of this arbitration agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the arbitration agreement shall continue in full force and effect.
(f) Claims Not Subject to Arbitration. Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration. A request for interim measures shall not be deemed a waiver of any other rights or obligations under this arbitration agreement. Further, notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this arbitration agreement.
5. DISCLAIMERS
5.1 External Links Disclaimer. This Site may contain (or you may be sent through the Site) links to other websites or content belonging to or originating from third parties or links to websites and features in banners or other advertising. Such external links are not investigated, monitored, or checked for accuracy, adequacy, validity, reliability, availability, or completeness by us. WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY INFORMATION OFFERED BY THIRD-PARTY WEBSITES LINKED THROUGH THE SITE OR ANY WEBSITE OR FEATURE LINKED IN ANY BANNER OR OTHER ADVERTISING. WE WILL NOT BE A PARTY TO OR IN ANY WAY BE RESPONSIBLE FOR MONITORING ANY TRANSACTION BETWEEN YOU AND THIRD-PARTY PROVIDERS OF PRODUCTS AND SERVICES.
5.2 Testimonial Disclaimers. This Site may contain testimonials by users of our products and services. These testimonials reflect the real-life experiences and opinions of such users. However, the experiences are personal to those users and may not necessarily be representative of all users of our products and/or services. We do not claim, and you should not assume, that all users will have the same experiences. YOUR INDIVIDUAL RESULTS MAY VARY.
The testimonials on this Site are reviewed by us before being posted. They appear on the Site verbatim as given by the users, except for the correction of grammar or typing errors. Some testimonials may have been shortened for the sake of brevity where the full testimonial contained extraneous information not relevant to the general public.
The views and opinions contained in the testimonials belong solely to the individual user and do not reflect our views and opinions. We are not affiliated with users who provide testimonials, and users are not paid or otherwise compensated for their testimonials.
5.3 Warranty Disclaimer; Services Available on an “AS IS” Basis. Your access to and use of the Content and services on the Site is at your own risk. YOU UNDERSTAND AND AGREE THAT THE SERVICES ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS. WITHOUT LIMITING THE FOREGOING, TO THE FULL EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON- INFRINGEMENT. We make no representations or warranties that access to or use of Content will (a) be timely, uninterrupted or error-free or operate in combination with any other hardware, software or system, (b) meet your requirements or expectations, (c) be free from errors or that defects will be corrected, or (d) be free from viruses or other harmful components.
5.4 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL JIMBO LLC AND/OR ITS OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (A) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE, (B) CONDUCT OR CONTENT OF ANY THIRD PARTY RELATED TO OR INVOLVING THE SITE, OR (C) ANY CONTENT OBTAINED FROM THE SITE. IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100) OR THE AMOUNT YOU PAID US, IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS PARAGRAPH SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER WE HAD BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
6. DISCLOSURES
Jimbo LLC is located at the address in Section 9. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.
7. ENTIRE TERMS
These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is, for any reason, held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law. You agree that no joint venture, partnership, employment, or agency relationship exists between you and Jimbo LLC resulting from this agreement or use of the Site. Jimbo LLC’s performance of this agreement is subject to existing laws and legal process, and nothing contained in this agreement is in derogration of Jimbo LLC ‘s right and obligation to comply with governmental, court and law enforcement requests or requirements relating to your use of the Site or information provided to or gathered by Jimbo LLC with respect to such use. These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Jimbo LLC‘s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void. Jimbo LLC may freely assign these Terms. The terms and conditions set forth in these Terms shall be binding upon assignees.
8. CHANGES TO TERMS
We reserve the right, in our sole discretion, to change the Terms under which access to the Site is offered. The most current version of the Terms will supersede all previous versions. We encourage you to periodically review the Terms to stay informed of our updates.
9. CONTACT INFORMATION
We welcome any questions or comments regarding these Terms:
Jimbo LLC 9465 Wilshire Blvd., Suite 300 Beverly Hills, CA 90212 E-Mail: [email protected]
