ALL IN Your Business Membership Terms of Purchase

 

1. Parties

1.1 Agreement Scope and Acknowledgment. This Online Program Participation Agreement (this “Agreement”) is a legal agreement between you (the “Client”) and JoselynMartinez Inc. (the “Company”). By clicking on the “I Agree” link and providing the remaining information requested (including payment) required to successfully enroll in the ALL IN Your Business Membership (the “Program”), you agree to the following legal terms and conditions that govern your participation in the Program. As used herein, you, the Client together with the Company, are the “Parties,” and each is a “Party.” In consideration of the mutual covenants set forth herein and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties hereby agree as follows:

2. Services

2.1. Program Services. The Company agrees to provide the following services to the Client in connection with the Program (the “Services”). The Company agrees to facilitate an ongoing membership which includes:

• Access to the on-demand ALL IN Your Business Member Portal, including training content organized across the Program's core missions.
• Access to the private ALL IN Your Business online community (currently hosted on Facebook) for the duration of the Client's active membership, subject to Section 2.4.
• Monthly Spotlight Events for feedback and support.
• Monthly Guest Expert sessions.
• Any Founding Member bonuses described at the time of the Client's enrollment, including applicable Power Hour session(s), as outlined in Section 4.3.

2.2. Program Materials. The Company may also provide the Client with certain video recordings and other video, electronic, or print materials related to the Program (the “Program Materials”).

2.3. Program Changes. The Company reserves the right to modify the Program schedule, content, or format as necessary to accommodate unforeseen circumstances or to enhance the Program experience. The Client will be notified of any significant changes in advance. The Company also reserves the right to launch Program Materials and portal access on a rolling basis; Clients who enroll prior to full portal availability will be notified of expected timing and will retain full access to all Services once available.

2.4. Platform Changes. The Company may deliver the Services through third-party platforms and tools, including but not limited to the Company's chosen membership portal software and community platform (currently Facebook). The Company reserves the right to change, replace, or migrate to a different portal provider, community platform, or other technology used to deliver the Services at any time, at its sole discretion, provided that the Company makes reasonable efforts to maintain the Client's access to substantially equivalent Services and provides advance notice of any such change where practicable.

3. Company-Client Relationship

3.1. Client Responsibility. The Client is solely responsible for creating and implementing their own physical, mental, and emotional well-being, decisions, choices, actions, and results arising out of or resulting from the Services provided by the Company. The Client acknowledges that the Services may involve different areas of their life, including work, finances, health, relationships, education, and recreation. The Client agrees that deciding how to handle these issues and implement related choices is exclusively the Client's responsibility.

3.2. Services Not Therapy. The Client understands that the Services are not therapy, do not substitute for therapy if needed, and do not prevent, cure, or treat any mental disorder or medical disease. The Client acknowledges that the Services do not involve the diagnosis or treatment of any mental disorders as defined by the American Psychiatric Association and are not a substitute for counseling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice. The Client must seek such independent professional guidance as needed.

3.3. Participation Commitment. The Client agrees to communicate honestly, be open to feedback and assistance, and create the time and energy necessary to participate fully in the Program.

4. Schedule and Fees

4.1. Fee and Effective Date. The Client may select one of the following enrollment options, each described at the time of purchase:

• Founding Member Monthly: $75 per month, billed on a recurring monthly basis. Cancel anytime, subject to Section 4.3.
• Founding Member 6-Month, Two-Payment Plan: Two (2) payments of $397 each, the first due at registration and the second due 3 months later, for six (6) months of Program access.
• Founding Member Annual, Pay in Full: One-time payment of $697 at the time of registration, for twelve (12) months of Program access.

The Program operates on a rolling enrollment basis. Access to the Member Portal, Facebook Community, and Program Materials will be provided according to the Client's selected enrollment option and in accordance with Section 2.3.

4.2. Founding Member Rate Lock. Clients who enroll under a Founding Member pricing option described in Section 4.1 will retain that rate for as long as they remain a continuously active, paying member of the Program, regardless of any future increase to the Company's standard pricing. This rate lock applies only to continuous, uninterrupted membership. If a Client cancels their membership or allows it to lapse for any reason, that Client is not entitled to reinstate Founding Member pricing upon rejoining and will instead be enrolled at the Company's then-current standard pricing. The Company reserves the right to modify pricing for all new and returning members, and for any non-Founding-Member enrollment option, at its sole discretion and at any time.

4.3. Founding Member Bonus Sessions. The first three (3) Clients to enroll as Founding Members will each receive two (2) private 60-minute Power Hour sessions with the Company. Founding Members four (4) through ten (10) will each receive one (1) private 60-minute Power Hour session with the Company. Enrollment order will be determined by the Company based on registration records. These bonus sessions are offered at the Company's discretion as part of the Founding Member enrollment period and are non-transferable.

4.4. Payment Terms and Authorization. If the Client selects the Monthly or Two-Payment plan, payments will be automatically charged to the Client's card on file according to the applicable schedule. The Client hereby authorizes the Company to charge their payment method on file for the full duration of the applicable payment schedule unless cancellation is requested as outlined below.

4.5. Cancellation of Recurring Payments. Monthly subscribers may cancel their membership at any time; however, cancellations must be submitted at least 7 days prior to the next billing cycle to avoid being charged for the upcoming month. Cancellations made after this window will take effect in the following billing cycle. Clients enrolled in the 6-Month, Two-Payment Plan authorize both scheduled payments at the time of registration and may not cancel prior to completion of the six-month term.

4.6. No Refunds. All payments made by the Client are final, non-refundable, and non-transferable. Due to the nature of the Program and immediate access to digital materials and support, no refunds will be provided under any circumstances, including for pay-in-full or two-payment plan purchases.

4.7. Payment Failure. If a payment is declined or otherwise unsuccessful, the Company reserves the right to terminate access to the Program immediately. It is the Client's responsibility to ensure payment information is current and accurate.

4.8. Transferability. Client may not resell, assign, or transfer their registration, Founding Member pricing, or participation in the Program to another party.

4.9. Chargeback Policy. The Client agrees not to initiate a chargeback or dispute any payments made under this Agreement with their financial institution. If the Client has a concern about billing, they must first contact the Company at [email protected] to resolve the issue in good faith. In the event a chargeback is initiated, the Client understands and agrees that:

• They forfeit access to the Program and any related materials, content, and support, including any remaining Founding Member Rate Lock or bonus sessions.
• The Company reserves the right to present this Agreement and any relevant documentation to the financial institution as proof of the Client's access and acceptance of these terms.
• The Client will remain responsible for any outstanding balance due under the payment plan, and legal action may be pursued to recover such amounts.

4.10. Late Payment and Fees. If a payment is not successfully processed within five (5) calendar days of the scheduled billing date, a late fee of $25 USD will be added to the outstanding balance. Continued failure to make payment may result in suspension or termination of Program access at the Company's discretion, and additional collection efforts or legal action, in which the Client may be responsible for any associated costs, including reasonable attorneys' fees. It is the Client's responsibility to ensure that valid payment information is on file and updated as needed to prevent failed transactions.

4.11. Billing and Cancellation Inquiries. All questions regarding billing, payment issues, or cancellation requests must be submitted in writing to [email protected]. Please include your full name and the email address used at the time of registration. If you are on the recurring monthly plan and wish to cancel, notice must be submitted at least 7 days before your next billing date to avoid being charged for the upcoming cycle.

5. Privileged Information and Recordings

5.1. Privileged Communications. The Client acknowledges that communications with the Company as part of the Program are not protected by any legal privilege, such as therapist-client, as the Program does not provide medical or psychological services.

5.2. Use of Recordings. The Client consents to being recorded during the Program and agrees that the recordings may be used for Program Materials, marketing, portfolio, and promotional purposes, including on the Company's website or social media. The Client waives any moral rights to the recordings and acknowledges that the Company may edit or alter these materials as needed.

5.3. Data Protection. The Company will store and use personal data in compliance with New York privacy laws, including the New York Shield Act (General Business Law §§ 899-aa, 899-bb), and applicable federal privacy laws, including the Federal Trade Commission Act, where applicable. Personal data will only be collected and used for purposes directly related to the Program, including program administration, communication with the Client, and delivery of services. Personal data will not be shared with unauthorized third parties without the Client's explicit consent, except as required by law. The Company will implement reasonable administrative, technical, and physical safeguards to protect personal data from unauthorized access, disclosure, alteration, or destruction.

5.4. Confidentiality. The Client agrees to keep confidential all proprietary information shared during the Program, including but not limited to the Company's teaching methods, Program Materials, and discussions with other Program participants. The Client shall not share, disclose, or reproduce such information without the Company's prior written consent.

6. Intellectual Property Rights

6.1. Ownership of Program Materials. The Company is and will remain the exclusive owner of all right, title, and interest in all Program Materials and related content (collectively, the “Company Materials”), including any copyrights, trademarks, trade secrets, or other intellectual property rights.

6.2. Moral Rights Waiver. The Client waives any moral rights in content created by or with the Company, acknowledging that materials may be edited, repurposed, or otherwise altered.

6.3. Copyright Enforcement. The Company retains the right to enforce intellectual property rights and seek damages for unauthorized use of Program Materials.

7. Termination

7.1. Termination by Company. The Company may terminate this Agreement at any time with notice to the Client.

7.2. Effect of Termination by Company. If the Company terminates a Client's access other than for a violation of this Agreement, the Company will provide a proportional refund or extended access, at the Company's discretion, based on the unused portion of the Client's current paid term (monthly, 6-month, or annual, as applicable).

7.3. Refund Flexibility. If services cannot be rendered due to issues beyond the Company's control, the Company may issue refunds or extend the Client's access period at its discretion.

8. Limited Liability

8.1. Limitations on Liability. The Company makes no guarantees, representations, or warranties with respect to the Services. The Client waives any claims for liability against the Company, including claims related to injuries, illnesses, or damages.

8.2. Service Interruptions. The Company is not liable for interruptions caused by technology failures, platform outages, or unforeseen issues.

8.3. Indemnification. The Client agrees to indemnify, defend, and hold harmless the Company and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising out of or related to the Client's breach of this Agreement or misuse of the Services or Program Materials.

9. General Provisions

9.1. Business Hours and Communication. The Company will communicate important Program updates via email and the ALL IN Your Business online community. While the community platform is actively monitored, please note that real-time or immediate responses are not guaranteed. Clients are expected to engage respectfully within the group and understand that communication is intended to support the collective Program experience. The Company observes all major U.S. holidays and reserves the right to close or pause services for vacation, rest periods, or planned breaks. Any extended closure will be communicated in advance via email or the community platform.

9.2. Notices. Each Party shall deliver all notices, requests, consents, claims, waivers, and other communications under this Agreement (“Notices”) by e-mail addressed to the other Party at the e-mail addresses set forth below (or to such other e-mail address that the receiving Party may designate from time to time in accordance with this Section).

Joselyn Martinez Inc.: E-mail: [email protected]

Client: To the e-mail address included in the registration form for the Program.

Except as otherwise provided in this Agreement, a Notice is effective only if (a) the receiving Party has received the Notice and (b) the Party giving the Notice has complied with the requirements of this Section. Should there be a change to the contact information above, both Parties agree to inform the other Party immediately after such changes are made.

9.3. Governing Law and Jurisdiction. This Agreement shall be governed by and construed in accordance with the laws of the State of New York. The Company and the Client consent to the exclusive jurisdiction of the state and federal courts located in New York County, New York, for resolving any disputes arising out of or relating to this Agreement.

9.4. Dispute Resolution and Attorneys' Fees. If a dispute arises out of or relating to this Agreement that cannot be resolved by mutual consent, the Parties agree to attempt to mediate the dispute in good faith for up to three (3) days after notice is given by one Party to the other. If the dispute remains unresolved after mediation, the prevailing Party in any resulting legal action shall be entitled to recover reasonable attorneys' fees and court costs from the non-prevailing Party.

9.5. Severability. If any provision of this Agreement is found to be invalid, illegal, or unenforceable, the remaining provisions shall remain in full force and effect. The invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.

9.6. Waiver. The failure of either Party to enforce any provision of this Agreement shall not be construed as a waiver or limitation of that Party's right to subsequently enforce and compel strict compliance with every provision of this Agreement.

9.7. Force Majeure. Neither Party shall be liable or responsible to the other Party, nor be deemed to have defaulted under or breached this Agreement, for any failure or delay in fulfilling or performing any provision of this Agreement when and to the extent such failure or delay is caused by or results from acts beyond the affected Party's reasonable control. Such acts include, but are not limited to: (a) acts of God; (b) flood, fire, earthquake, or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest; (d) government order or law; (e) actions, embargoes, or blockades in effect on or after the date of this Agreement; (f) actions by any governmental authority; (g) epidemic or pandemic; and (h) national or regional emergencies. The Party experiencing such an event shall use reasonable efforts to notify the other Party within two (2) days of the event and work together in good faith to arrange substitute Program access or otherwise mitigate the impact of the event.

9.8. Assignment. This Agreement may not be assigned by the Client, in whole or in part, without the prior written consent of the Company. Any such assignment or attempted assignment without consent shall be null and void. Subject to the foregoing, this Agreement shall be binding upon the Parties and their respective successors and permitted assigns.

9.9. Headings. Headings used throughout this agreement are for administrative convenience only and will be disregarded for the purposes of construing and enforcing this agreement.

9.10. Entire Agreement. This Agreement expresses the final, complete, and exclusive agreement between the Company and the Client and supersedes any prior or contemporaneous agreements, understandings, or communications between the Parties relating to the same subject matter. This Agreement may only be amended by a written agreement signed by both Parties.

 

Please confirm that you have read and understood the terms of this Agreement by clicking the “I Agree” button below. On behalf of the Company, I look forward to your participation in the Program.

Joselyn Martinez

JoselynMartinez Inc.