Jeneration PR, LLC
User Agreement for Jeneration PR LLC’s The Pitch Lab Program.
IMPORTANT: READ CAREFULLY BEFORE ACCESSING OR USING JENERATION PR, LLC’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS’ AREA, AND/OR PROGRAMS ASSOCIATED WITH JENERATION PR, LLC’S THE PITCH LAB PROGRAM. BY ACCESSING OR USING THE PROGRAM(S) AND MATERIALS, YOU ACKNOWLEDGE THAT:
- YOU HAVE READ THIS AGREEMENT;
- YOU UNDERSTAND IT, AND;
- THAT YOU ACCEPT AND AGREE TO BE BOUND BY ITS TERMS.
IF YOU DO NOT AGREE, DO NOT UNDERSTAND, OR DO NOT ACCEPT THIS AGREEMENT, PLEASE DO NOT ACCESS OR USE ANY OF JENERATION PR’S PROPRIETARY MATERIALS INCLUDING ANY AUDIO AND/OR VISUAL PRESENTATIONS, MEMBERS’ AREA, AND/OR PROGRAMS ASSOCIATED WITH JENNIFER BERSON AND JENERATION PR’S THE PITCH LAB PROGRAM, AND CONTACT US IMMEDIATELY AT [email protected]
This Agreement (“Agreement”) is a legal contract between Jeneration PR, a California Limited Liability Company, located at 3941 Witzel Dr., Sherman Oaks, California, represented by Jennifer Berson, president, duly authorized.
WHEREAS, JENERATION PR, LLC is engaged in this business of public relations and client coaching services; and
WHEREAS, YOU desire to engage JENERATION PR, LLC. to provide business coaching services to YOU in the form of Webinars, Audio and/or Visual Presentations, scripts & templates, and periodic personal coaching and evaluation;
THEREFORE, the Parties agree as follows:
SECTION 1: Membership and Program Fees
1.1. Programs: Under the terms of this Agreement, JENERATIONPR, LLC. agrees to provide business coaching 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.
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 PITCH LAB program provided by JENERATION PR, LLC.
1.1.3. Termination: JENERATION PR, LLC 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. Promotional Material: By accepting the terms of this Agreement and affirmatively seeking the benefits of membership in the Program(s) offered by JENERATION PR, LLC, YOU affirmatively agree and acknowledge that JENERATIONPR, LCC. 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). You further represent that any such statements or testimonials that you make shall be correct, accurate, and truthful.
1.3. No Refunds: JENERATION PR, LLC abides by a strict, no refund policy. 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 JENERATION PR, LLC, including any deposit. YOU agree that no refund or reimbursement will be given to YOU in the event of early termination of this Agreement, for whatever cause. 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.
YOU agree that any deposit given to JENERATION PR, LLC in relation to the Program is not refundable.
SECTION 2: NO WARRANTIES
2.1. Success not Guaranteed: By accepting the terms of this Agreement, YOU agree and understand that JENERATION PR, LLC provides Program(s) related to business coaching only and guarantees no specific results. YOU take full responsibility for YOUR own success. Further, you acknowledge that everyone's success is different, and dependent on factors such as your own drive, dedication, and motivation. Any examples of income or testimonials are not meant as a promise or guarantee of your own earnings or success. Please be aware that you may experience income loss by using the Program. In other words: we do not guarantee results, you are responsible for your own success, and there is an inherent risk you may lose money, as with any business venture.
2.2. Limited Liability: In no event will JENERATION PR, LLC 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 JENERATION PR, LLC has been advised of the possibility of such damages. Limitations herein described shall be applied to the greatest extent enforceable under applicable law. JENERATION PR, LLC shall not be liable to YOU or to any other person for any direct, consequential or special damages attributable to, resulting from or in any way related to the information provided by JENERATION PR, LLC (including, without limitation, access to or usage thereof) or attributable to, resulting from or in any way related to a computer system breakdown or disruption, system access, negligence or the exercise of any rights under this Agreement.
2.3. Commitment to the Program: By accepting the terms of this Agreement, YOU commit and agree to faithfully execute all of the lessons, assignments, and course work in the Program(s) to the best of your ability. You also acknowledge that creating results requires tremendous effort and you are prepared and committed to faithfully make that effort.
SECTION 3: Confidentiality
3.1. Confidentiality: Only authorized users, who have duly attained access to any Programs offered by JENERATION PR, LLC 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 Webinar System are the sole Intellectual Property of JENERATION PR, LLC under United States copyright, trademark and other intellectual property laws and international treaties. YOU further acknowledge and agree that, as between YOU and JENERATION PR, LLC 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 Webinar 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 JENERATION PR, LLC, whether by implication, estoppel, or otherwise. Any and all trademarks or service marks that JENERATION PR, LLC uses in connection with services rendered by JENERATION PR, LLC are marks owned by JENERATION PR, LLC. 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.
3.3 Liquidated damages: Any breach or failure to abide by undertakings provided in section 3.1 or 3.2 will result in automatic liquidated damages payable by YOU to JENERATION PR, LLC, of a sum equivalent to five-hundred US dollars (500.00$USD) per day of violation or infringement.
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 JENERATION PR, LLC, 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 JENERATION PR, LLC concerning the Program, and this Agreement supersedes and replaces any prior proposal, representation, or understanding YOU may have had with JENERATION PR, LLC relating to the Program, whether oral or written.
4.4. Amendment: JENERATION PR, 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 https://www.jenerationacademy.com
4.5. Governing law: This Agreement is governed by the laws of State of California and the laws of the United States applicable thereto. The parties irrevocably submit to the exclusive jurisdiction of the California courts, in the city of Los Angeles, with respect to any matter which may arise under or in connection with this Agreement.
4.6. Attorneys' Fees and Legal Expenses. If any proceeding or action shall be brought to recover any amount under this Agreement, or for or on account of any breach of, or to enforce or interpret any of the terms, covenants, or conditions of this Agreement, the prevailing party shall be entitled to recover from the other party, as part of the prevailing party's costs, reasonable attorneys' fees, the amount of which shall be fixed by the court, and shall be made a part of any award or judgment rendered.
4.7 Acknowledgement: YOU hereby agree and acknowledge:
- a) that all restrictions and obligations set forth herein are reasonable;
- b) that JENERATION PR, LLC may, in its sole discretion
and without prior notice, temporarily or definitively suspend, for any reason whatsoever, the provision of or access to information, including the user code or codes and password or passwords which allow YOU to access the information and/or the system database.
4.8 Other agreements: This Agreement shall not be construed as requiring nor does it require YOU or JENERATION PR, LLC to enter into other agreements as between themselves or creating obligations other than those set forth herein.
4.9 No Endorsement: The following Agreement does not in any way constitute an (explicit or implicit) endorsement by JENERATION PR, LLC of YOU or YOUR products or services or any of YOUR work, publication, study, analysis, and JENERATION PR, LLC dissociate themselves from such. Consequently, YOU shall not make any representations which could suggest such endorsement or such association with JENERATION PR, LLC.
4.10 Notices: All notices under this Agreement shall be in writing and sent or delivered to the parties at their electronic addresses appearing on the Agreement or application.
4.11 Application: The fact that a provision of this Agreement or its application to a person or to any circumstances is in any way held to be invalid or unenforceable shall have no effect on the remaining provisions of this Agreement or on the application of such provision to persons or circumstances other than those with respect to which it was held to be invalid or unenforceable. Each provision of this Agreement is valid and may be fully enforced under the law, independently of any other provision of this Agreement, as each provision is hereby declared to be severable from all other provisions.
4.12 Enforceability: The omission by a party to enforce any provision of this Agreement or to exercise its rights hereunder shall not be construed as constituting a waiver of such provision or such rights, nor shall it in any way impair the validity of this Agreement nor deprive such party of the right subsequently to require absolute respect of its rights or compliance with such provision or any other provision of this Agreement. The fact that a party exercises rights shall not preclude or deprive such party from exercising any other rights conferred upon it hereunder or otherwise, whatever legal action or proceedings it may previously have brought. No waiver by a party of the performance of any of the provisions hereof shall be applicable unless such waiver is recorded in writing and signed by a duly authorized representative of such party.
4.13 Binding Agreement: YOU hereby acknowledge that this Agreement constitutes a valid obligation which is legally binding upon YOU and that such Agreement was signed by YOU or YOUR authorized representative or representatives.