Terms of Service
Terms and Conditions
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING FB ADS SITES or COURSES on jawsenterprises.com,Jays.software, or geniusmessengercrm.net or PROPRIETARY FB ADS SYSTEMS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS AND PROGRAMS ASSOCIATED WITH Jaws Enterprises/ Jays Software COURSES or SERVICES. BY ACCESSING OR USING THE PROGRAM(S), YOU ACKNOWLEDGE THAT:
● YOU HAVE READ THIS AGREEMENT,
● YOU UNDERSTAND IT, AND
● THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
This Agreement (“Agreement”) is a legal contract between Jaws Enterprises/ Jays Software, Inc. located at 850 Floyd Rd. Ext. Spartanburg, SC 29307, and the Student
WHEREAS, Jaws Enterprises/ Jays Software is engaged in this business of marketing and client coaching services; and WHEREAS, YOU desire to engage Jaws Enterprises/ Jays Software to provide business training to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation; NOW, THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, Jaws Enterprises/ Jays Software agrees to provide business training services to YOU in the form of Webinars, Audio and/or Visual Presentations, and periodic personal coaching and evaluation (“Program(s)”) in exchange for a Program Fee. Progression between Programs will occur automatically, and Program Fees will be determined according to paragraph 1.2. below. Your access to such Programs is made conditional on payment of such Program Fee.
Programs are ONGOING MEMBERSHIP which includes:
Access to Jaws Enterprises/ Jays Software training modules
Access to secret Jaws Enterprises/ Jays Software groups
Access to support call & replays
1.1.2. Term: The Term of this Agreement will commence upon YOUR acceptance of this Agreement and payment of the applicable Program Fee. YOU agree and understand that upon commencement of the Term of this Agreement, you will become enrolled in the ONGOING Jaws Enterprises/ Jays Software membership, if applicable.
1.1.3. Termination: Jaws Enterprises/ Jays Software may terminate this Agreement at any time in its discretion upon notice to YOU. Paragraph 3.1. below shall survive termination of this Agreement, binding YOU to Confidentiality in perpetuity.
1.2. Membership Fees: By accepting the terms of this Agreement, YOU agree and understand that you are committing to pay Jaws Enterprises/ Jays Software on an ongoing monthly basis if you choose the monthly membership option for any of our courses, coaching programs or done for you services. The amount shall be charged out on a monthly basis until cancelled by yourself. Cancellation of membership shall result in removal from any applicable Facebook groups and access to all training modules.
1.3. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by Jaws Enterprises/ Jays Software, YOU affirmatively agree and acknowledge that Jaws Enterprises/ Jays Software may at any time reproduce and/ or disseminate any testimonial(s) describing or otherwise referencing, either directly or indirectly, YOUR experience participating in such Program(s), including any specific results experienced by YOU over the course of such participation. YOU agree and acknowledge that this includes any written statements you may publish to social media accounts and online forums as well as any statements and/or images captured or otherwise recorded over the course of attendance at any event(s) related to such Program(s).
1.4 Support Calls: The support calls shall be recorded and shared to existing and future Jaws Enterprises/ Jays Software students. All private material shall be kept confidential should the material ever be published outside of the Jaws Enterprises/ Jays Software or SMMA Success Secrets Program. By accepting the terms of this Agreement and requesting assistance for your own campaigns or your client’s campaigns, you acknowledge that your own account or client accounts will be recorded and shared as replay and training material.
1.5. No Refunds: Jaws Enterprises/ Jays Software abides by a strict, no refund policy for coaching programs. By accepting the terms of this Agreement, YOU agree and understand that you are foregoing the right to claim any refund of fees paid for access and use of the Program(s) offered by Jaws Enterprises/ Jays Software. YOU further acknowledge that in accepting the terms of this Agreement and affirmatively seeking the benefits of and membership in such Program(s), YOU are taking full responsibility for YOUR OWN success. Thus, YOU agree that you will not request a refund.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that Jaws Enterprises/ Jays Software provides Program(s) related to training only and guarantees no specific results. YOU take full responsibility for YOUR own success.
2.2. Limited Liability: In no event will Jaws Enterprises/ Jays Software be liable to YOU or any party related to you for any damages, including damages for loss of business profits or other pecuniary loss, whether under a theory of contract, warranty, tort (including negligence) products liability or otherwise, even if Jaws Enterprises/ Jays Software has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly obtained access to any Programs offered by Jaws Enterprises/ Jays Software by personally agreeing to the terms of this Agreement are permitted use and participate with such Programs. Except as expressly authorized by this Agreement, YOU shall not provide or make available any Documentation, Video, Audio, or any login member credentials to any third party, or use the Documentation, Video, Audio, or any login member credentials to teach any third party, or otherwise disclose or discuss information revealed in any portion of the Program(s) for any purpose other than exercising rights expressly granted to you by this Agreement.
3.2 Intellectual Property: YOU acknowledge that any Audio and/or Visual Presentations, Documentation, and other elements of the program are the sole Intellectual Property of Jaws Enterprises/ Jays Software under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and Jaws Enterprises/ Jays Software and its third party licensors own and shall continue to own all right, title, and interest in and to the Audio and/or Visual Presentations, Documentation,and other elements of the System, including associated intellectual property rights under copyright, trade secret, patent, or trademark laws. Except for the limited, revocable license expressly granted to you herein, this Agreement does not grant you any ownership or other right or interest in or to the Audio and/or Visual Presentations, Documentation, and other elements of the Webinar System, or any other intellectual property rights of Jaws Enterprises/ Jays Software whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that Jaws Enterprises/ Jays Software uses in connection with services rendered by Jaws Enterprises/ Jays Software are marks owned by Jaws Enterprises/ Jays Software. This Agreement does not grant you any right, license, or interest in such marks, and you shall not assert any right, license, or interest in such marks or any words or designs that are confusingly similar to such marks.
SECTION 4: Miscellaneous
4.1. Non transferability: The rights and obligations under this Agreement are personal to YOU. YOU may not assign or transfer any rights or obligations under this Agreement.
4.2. Indemnification: YOU will, at your own expense, defend, indemnify, and hold Jaws Enterprises/ Jays Software , its agents, and employees harmless from any and all claims, actions, liabilities, injuries, damages, losses, grants, costs, and expenses, including attorney fees, arising out of or in connection with any use of the Program(s) of this Agreement.
4.3. Integration: This Agreement, along with any additional terms or policies incorporated herein by reference, represents the entire Agreement between YOU and Jaws Enterprises/ Jays Software, LLC. concerning any applicable programs or services, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with Jaws Enterprises/ Jays Software, LLC. relating to the Programs, whether oral or written.
4.4. Amendment: Jaws Enterprises/ Jays Software, LLC. reserves the right, in its sole discretion, to amend this Agreement from time to time by posting an updated version of the Agreement at www.dreambig.media
4.5. Governing law: This Agreement shall be governed by and interpreted in all respects in accordance with the laws of the United States of America.
BY PURCHASING, YOU ACKNOWLEDGE THAT YOU UNDERSTAND AND AGREE TO ALL OF THE AFOREMENTIONED TERMS, INCLUDING THOSE RELATED TO PROGRAM FEES, AUTOMATIC MONTHLY BILLING, STRICT NO REFUND POLICY, AND CONFIDENTIALITY.