Terms and Conditions

 

 

1. Parties

1.1 Agreement Scope and Acknowledgment. This Online Program Participation Agreement

(this “Agreement”) is a legal agreement between you (the “Client”) and Joselyn Martinez Inc.

(the “Company”). By clicking on the “I Agree” link and providing the remaining information

requested (including payment) required to successfully enroll in Positioned to Sell (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 provide the client with

immediate lifetime access to Positioned to Sell, a pre-recorded 60-minute video training which

will consist along with any supporting materials (“program materials”).

2.2. Program Materials. The Company may also provide the Client with certain video

recordings and other video, electronic, or print materials required to participate in these meetings

(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.

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 one-time fee for the program is $27USD, payable upon

purchase.Due to the nature of the program, no refunds will be issued.

4.2. No Refunds. All payments made by the Client are final, non-refundable, and non-

transferable. The Company reserves the sole and exclusive right to determine whether to offer a

refund. The Company further reserves the right to deny any request for a refund at its sole

discretion, and no refund shall be issued unless expressly authorized by the Company in writing.

4.3. Missed Meetings as Cancellations. If the Client is unable to attend a scheduled Program

Meeting, the Client agrees to provide the Company with at least 24 hours' advance written

notice. Failure to attend a scheduled Program Meeting without proper notice will be treated as a

cancellation by the Client. No refunds will be issued for missed Program Meetings. However, at

the Company’s sole discretion, a separate meeting may be scheduled.

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 moralrights 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. Proportional Refunds. If the Company terminates the Agreement, a proportional refund

will be provided for Program Meetings not held. A proportional refund is based on the fee paid

by the Client divided by the total number of scheduled Program Meetings, multiplied by the

number of remaining meetings.

7.3. Refund Flexibility. If services cannot be rendered due to issues beyond the Company’s

control, the Company may issue refunds or reschedule Program Meetings.

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. 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.
9.2. 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.

9.3. 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. The mediation will take place in New York County, New York, or virtually via video

conference, as agreed by both parties

9.4. 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.

9.5. 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.

9.6. 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 Meetings

or otherwise mitigate the impact of the event.

9.7. 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.

9.8 Headings. Headings used throughout this agreement are for administrative convenience only

and will be disregarded for the purposes of construing and enforcing this agreement.

9.9. 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.

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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