These Terms of Service (“Terms” or “Terms of Services”) are entered into by and between you, including any employee, agent or representative acting on your behalf (collectively, “you” or “your”) and JL Marketing, LLC, a South Dakota limited liability company (“JL Marketing”, “Company”, “us”, “we” or “our”). Please read these Terms carefully before you use any Website or receive any services from JL Marketing. These Terms govern your access to and use of the Website, including any content, functionality and services offered on or through the Website. For purposes of these Terms, the term “Website” refers to the following websites: https://jlmarketingllc.com, https://jlmarketing.com, and https://my.jlmarketing.com, as well as any third-party websites directly provided to you by JL Marketing.
These Terms of Service contain terms limiting our liability to you. Your access to and use of the Website is conditioned upon your acceptance of and compliance with these Terms. These Terms apply to everyone, including but not limited to visitors, users and others, who wish to access and use the Website.
By accessing or using the Website, receiving services from JL Marketing or by otherwise engaging in any other manner with JL Marketing, you agree to be bound by these Terms. If you do not agree with any part of these Terms, you are prohibited from accessing or using the Website, or engaging in any manner with JL Marketing.
Notice of Recording. JL Marketing may, in connection with any services provided to you, record certain communications between you and JL Marketing that are conducted in person, by telephone, video conference, or other electronic means, for training purposes (“Recordings”). Such Recordings may include, without limitation, audio, video, screen sharing, and written chat communications. You acknowledge and consent to the recording and retention of the Recordings by JL Marketing. All Recordings shall be the sole property of the JL Marketing.
Cancellation Policy
Cancellation of Automatic Renewals. You must provide us with at least Seven (7) days’ written notice prior to your automatic renewal date of your intent to cancel automatic renewals in order for the cancellation to be effective.
Cancellation of Services. To initiate the cancellation of our services, you are required to complete and submit our “Campaign Change Form” available at https://my.jlmarketing.com/campaign-change-form/. This form is required to process your cancellation request and to ensure that all of your preferences and feedback are recorded accurately.
No Cancellation of Purchases. Please note that once you have purchased services through our Website, we do not offer the ability to cancel these purchases. All sales are considered final unless otherwise stated. Please see our Refund Policy below.
Our Right to Cancel. We reserve the right to cancel your purchase for any reason, at our sole discretion, including but not limited to fraud, inaccuracies, and/or unavailability of the items or services purchased. We will let you know immediately if we plan on cancelling your purchase.
Notification of Cancellation by Us. In the event that we decide to cancel your purchase, we will notify you immediately about the cancellation.
Refunds on Cancellation by Us. If we cancel your purchase, you will be eligible for a partial refund of the purchase price that you paid. The refund amount and process will be communicated to you at the time of cancellation.
Effective Communication; Required Channels for Cancellation. All communication regarding cancellation must be sent to [email protected], and will only be considered received upon its acknowledgement by the JL Marketing team. you are required to complete and submit our “Campaign Change Form” available at https://my.jlmarketing.com/campaign-change-form/ to effectuate any cancellation. Only cancellations and requests processed through these official channels will be considered valid.
Refund Policy
We only offer partial refunds for services purchased through our Website where we have inadvertently provided you with the wrong product or service. Refunds are not otherwise available under any circumstances. To qualify for a refund, you must submit your request to us within Thirty (30) days of your purchase date by email to [email protected]. Please note that refunds are issued only after careful consideration by us, and on a case-by-case basis.
We will issue you a full or partial refund of any advance payment made by you if we cancel. The amount of any refund received will be determined by us, at our sole discretion.
Purchases
When you make a purchase on the Website, you will be able to choose the third party payment processor that will collect your payment information and process your payment. As of the date on which these Terms were last updated, you may choose from the following third party payment processors when making a purchase through the Website: Apple Pay, Google Pay, and Stripe. The following payment method(s) are accepted by the third-party payment processors: American Express, bank transfer, check, Discover, MasterCard, and Visa. We are not responsible for the collection, use, sharing or security of your payment information by these third-party payment processors.
All payments made via Automated Clearing House (ACH) shall incur a $5.00 USD processing fee, which shall be paid for by JL Marketing. Credit card payments shall incur a processing fee equal to 2.9% of the total order amount, plus an additional $0.30, and this fee shall be automatically deducted by JL Marketing from the advertising spend (“Ad Spend”) of the applicable campaign.
You hereby represent and warrant that you have the legal right to use the payment method(s) in connection with any purchase and that the information that you supply to us and to the third party payment processor(s) is true, correct and complete.
Advance Payments
We may ask you to provide an advance payment on any purchase of services offered through our Website. An advance payment is a partial payment of the total purchase price that will help pay for our actual expenses while providing the services.
We will issue you a full or partial refund of the advance payment that you made if we cancel.
Warranty on Purchases
We offer the following warranties with respect to services purchased through the Website:
- Services will be performed with reasonable care and skill; and
- Services will be performed within a reasonable period of time.
The above warranty shall apply for a period of Thirty (30) days following the date of purchase.
Except as stated above, no other warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to the services displayed or sold on this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
Remedies
You agree that with respect to any services or products purchased by you, the only remedies available to you in connection with any breach of these Terms by us are the replacement of the services or products purchased, or a reduction in the price paid by you with respect to any future products or services.
Subscriptions
This Website features products and services that are offered for purchase with a subscription-based payment model. A subscription-based payment model requires the customer to submit regular payments in exchange for their receipt of a product or service. The initial term of the subscription depends on the plan user selects.
We do not allow subscriptions to be cancelled immediately after purchase.
There is no minimum purchase required to qualify for the subscription.
Automatic Renewals of Subscriptions
When You purchase a subscription using the Website, Your subscription will automatically renew in accordance with the terms of the plan that You subscribe to. You can opt to cancel Your subscription before You are automatically billed by completing the Campaign Change Form available here: https://my.jlmarketing.com/campaign-change-form and emailing us at [email protected]. Your subscription will automatically renew using the payment method on file until it is cancelled or expires.
Please note the items or services provided to You pursuant to Your subscription will not longer be available to You as of the effective date of Your cancellation.
You must provide us with Seven (7) days’ written notice prior to your automatic renewal date (by emailing us and submitting the Campaign Change Form) of your intent to cancel the automatic renewals for the cancellation to be effective.
Accounts
When you create an account on our Website, you guarantee that you are 18 years of age or older and that the information that you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
We reserve the right to terminate your account anytime at our sole discretion. You can terminate your account by contacting us with a detailed request to [email protected].
Comments and Uploading Content
By submitting a comment or uploading content onto the Website, you grant JL Marketing a worldwide, non-exclusive, perpetual, royalty-free license to reproduce, publish and distribute the comment or content. When you make a comment or upload any content onto the Website, you agree that such comment or content may be viewed by other parties and it is your responsibility to ensure that the comment or content does not contain any confidential or proprietary information. You are also responsible for ensuring that your content or comment does not violate any laws, rules or regulations. We reserve the right to remove any content or comment at any time in our sole discretion.
The following is a non-exhaustive list of types of content or comments that you are prohibited from posting on our Website:
- Content that harasses others;
- Content that is discriminatory or offensive;
- Swearing, name calling and otherwise abusive content;
- Pornographic and sexually explicit content;
- Content displaying, depicting or suggesting violence;
- Content that exploits or abuses children;
- Content encouraging or committing illegal acts;
- Content sharing personal information without consent;
- Content infringing on someone’s rights, including intellectual property rights;
- Content advertising products or services without our permission;
- Content whose purpose is spamming others.
Prohibited Uses
You agree that you will use this Website in accordance with all applicable laws, rules, regulations and these Terms at all times. The following is a non-exhaustive list of prohibited uses of the Website. You agree that you will not perform any of the following prohibited uses:
- Impersonating or attempting to impersonate JL Marketing LLC or its employees, representatives, subsidiaries or divisions;
- Misrepresenting your identity or affiliation with any person or entity;
- Sending or attempting to send any advertising or promotional material, including but not limited to spam, junk mail, chain mail or any similar material;
- Engaging in any conduct that restricts or inhibits any person’s use or enjoyment of the Website, or which, as determined in our sole discretion, may harm us or the users of this Website or expose us or other users to liability;
- Using the Website in any manner that could disable, overburden, damage or impair the Website or interfere with another party’s use of the Website;
- Using any robot, spider or other similar automatic technology, process or means to access or use the Website for any purpose, including monitoring or copying any of the material on this Website;
- Using any manual process or means to monitor or copy any of the material on this Website or for any other unauthorized purpose;
- Using any device, software, means or routine that interferes with the proper working of the Website, including but not limited to viruses, trojan horses, worms, logic bombs or other such materials;
- Attempting to gain unauthorized access to, interfering with, damaging or disrupting any parts of the Website, the server(s) on which the Website is stored, or any server, computer or database connected to the Website;
- Attempting to attack or attacking the Website via a denial-of-service attack or a distributed denial-of-service attack;
- Otherwise attempting to interfere with the proper working of the Website;
- Using the Website in any way that violates any applicable federal, state or local laws, rules or regulations.
Website As-Is
This Website is provided “as is,” No warranty, express or implied (including any implied warranty of merchantability, of satisfactory quality or fitness for a particular purpose or use) shall apply to this Website, whether arising by law, course of dealing, course of performance, usage of trade or otherwise.
Availability, Errors and Inaccuracies
We assume no liability for the availability, errors or inaccuracies of the information, products or services provided on this Website. We may experience delays in updating information on this Website and in our advertising on other websites. The information, products and services found on the Website may contain errors or inaccuracies or may not be complete or current. Products or services may be incorrectly priced or unavailable. We expressly reserve the right to correct any pricing errors on our Website. The inclusion or offering of any product or service on this Website does not constitute an endorsement or recommendation of such product or service by us.
Damages and Limitation of Liability
In no event shall JL Marketing be liable for any direct, indirect, punitive, incidental, special or consequential damages arising out of, relating to or in any way connected with your access to, display of, or use of this Website, or with the delay or inability to access, display or use this Website, including but not limited to your reliance upon opinions or information appearing on this Website; any computer viruses, information, software, linked websites operated by third parties, products or services obtained through this Website, whether based on a theory of negligence, contract, tort, strict liability, consumer protection statutes or otherwise, even if JL Marketing has been advised of the possibility of such damages. IF, DESPITE THE LIMITATION ABOVE, JL MARKETING IS FOUND LIABLE FOR ANY LOSS OR DAMAGE WHICH ARISES OUT OF OR IS IN ANY WAY CONNECTED WITH ANY OF THE OCCURRENCES DESCRIBED ABOVE, THEN THE LIABILITY OF JL MARKETING WILL IN NO EVENT EXCEED THE SERVICE FEES YOU PAID TO JL MARKETING IN CONNECTION WITH SUCH TRANSACTION(S) WITHIN 30 DAYS OF THE PURCHASE ON THE WEBSITE. THIS LIMITATION OF LIABILITY REFLECTS THE ALLOCATION OF RISK BETWEEN THE PARTIES. THE LIMITATIONS SPECIFIED IN THIS SECTION WILL SURVIVE AND APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE. THE LIMITATIONS OF LIABILITY PROVIDED IN THESE TERMS INURE TO THE BENEFIT OF JL MARKETING. The aggregate liability of JL Marketing arising out of or relating to this Website, whether arising out of or related to breach of contract, tort (including negligence) or otherwise shall be limited to the amount of fees actually received by JL Marketing from you.
Links to Third-Party Websites
This Website may contain hyperlinks to websites operated by third parties and not by us. We provide such hyperlinks for your reference only. We do not control such websites and are not responsible for their contents or the privacy or other practices of such websites. Further, it is your responsibility to take precautions to ensure that whatever links you click on or software that you download, whether from this Website or other websites or applications, is free of such items as viruses, worms, trojan horses, defects and other items of a destructive nature. Our inclusion of hyperlinks to such websites does not imply any endorsement of the material on such websites or any association with their operators.
Intellectual Property Rights and Remedies
Any and all content, products and services provided by JL Marketing through the Website or otherwise through your engagement with JL Marketing, including, but not limited to, text, graphics, advertising copy, advertising creative, audiovisual content, video content, images, product plans, service plans, costs, pricing, customer processes, internal processes, customer procedures, internal procedures, internal practices, structures, systems, marketing materials, marketing strategies, campaigns, marketing plans and all other deliverables generated by JL Marketing (unless otherwise agreed to in writing) (the “JL Marketing Materials”) belong to JL Marketing. All rights in the JL Marketing Materials, including all intellectual property rights, are expressly reserved by JL Marketing.
Unless specified otherwise, the Website, all JL Marketing Materials, and all other materials available on or through the Website, including but not limited to all logos, designs, text, graphics, pictures, information, data, software, sound files, video files and arrangement thereof (collectively, “Website Content”) are the exclusive proprietary property of JL Marketing LLC. All JL Marketing Materials and Website Content are protected under applicable intellectual property laws, including trademark, trade secret and copyright laws, worldwide.
FOR THE AVOIDANCE OF DOUBT, JL MARKETING OWNS ALL INTELLECTUAL PROPERTY RIGHTS IN AND TO THE JL MARKETING MATERIALS AND WEBSITE CONTENT UNLESS OTHERWISE AGREED IN WRITING.
License to Use
As a client of JL Marketing, and unless otherwise agreed in writing, you will receive a non-exclusive, non-transferable, revocable license to use JL Marketing Materials solely for the purposes outlined in a separate agreement between you and JL Marketing, and subject to your compliance with said agreement and these Terms.
You are not permitted to use, reproduce, modify, or distribute any JL Marketing Materials or Website Content without the prior written consent of JL Marketing. JL Marketing has the right to immediately stop all services to you, without refund of any amounts paid, and take legal action against you where you, or any third party acting on your behalf is, in the opinion of JL Marketing, engaged in any unauthorized use, reproduction, or distribution of the JL Marketing Materials or Website Content. You acknowledge that the unauthorized use of JL Marketing Materials or Website Content may cause irreparable harm to JL Marketing, for which monetary damages may be inadequate, and that JL Marketing shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.
If you are aware of any potential infringement of our intellectual property, or believe that we are infringing the intellectual property rights of any third party, please contact Kodi at [email protected].
We respect the intellectual property rights of others. It is our policy to respond to any claim that Website Content or JL Marketing Materials infringe the intellectual property rights of any person or entity.
Confidentiality
You agree that any non-public information, data, materials, or communications provided to you by JL Marketing in connection with any services provided to you (“Confidential Information”) is proprietary to JL Marketing and shall be kept strictly confidential. You may use Confidential Information solely for the purpose of receiving and using the services as permitted under these Terms, and you shall not disclose, copy, modify, distribute, or otherwise make available any Confidential Information to any third party without the prior written consent of JL Marketing. Confidential Information does not include information that (a) is or becomes publicly available through no breach of your obligations; (b) was lawfully known to you without confidentiality obligations before it was disclosed JL Marketing; (c) is lawfully received from a third party without confidentiality obligations; or (d) is independently developed by you without reference to the Confidential Information. You acknowledge that unauthorized use or disclosure of Confidential Information may cause irreparable harm to JL Marketing, for which monetary damages may be inadequate, and that JL Marketing shall be entitled to seek injunctive relief in addition to any other remedies available at law or in equity.
Acceptance of These Terms
By receiving services from JL Marketing, or purchasing product or services through our Website, are deemed to have accepted and agreed to be bound by the these Terms, including the automatic enrollment provisions. These Terms shall be retroactively effective to all business transactions conducted by you and us, and shall supersede any prior agreements, understandings, or arrangements, whether written or verbal, relating to payment processing.
Changes to Terms of Service
We reserve the right to make changes to these Terms of Service at any time. We will not provide you with any notice when we make changes to this Terms of Service.
Links from the Website
If the Website contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
Geographic Restrictions
We provide this Website for use only by persons located in the United States. We make no claims that the Website or any of its content is accessible or appropriate outside of the United States. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Indemnification
You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website, including, but not limited to, your posting of comments or content on the Website, any use of the Website’s content, services, and products other than as expressly authorized in these Terms, or your use of any information obtained from the Website.
Governing Law and Jurisdiction
All matters relating to the Website and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of South Dakota without giving effect to any choice or conflict of law provision or rule (whether of the State of South Dakota or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website shall be instituted exclusively in the federal courts of the United States or the courts of the State of California, in each case located in Orange County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Arbitration
At Company’s sole discretion, it may require you to submit any disputes arising from these Terms or use of the Website, including disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying South Dakota law.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision. If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
Questions
If you have any questions about our Terms of Service, please contact us at [email protected]
