vacy Policy & Terms and Conditions
LEGAL AGREEMENT | STANDARD TERMS AND CONDITIONS
Our goal is to exceed your expectations by providing high quality and professional consulting, development, marketing and web services to our clients. If you are not satisfied with the work, product(s) or marketing service(s), please tell us right away and we will attempt to correct any issue(s) within our control to ensure your complete and full satisfaction.
We provide an extensive portfolio and a preview of our project management system for you to view before hiring us for your project so you can see the quality level of our work and be completely comfortable working with us. For online marketing and advertising campaigns, we never guarantee a specific ranking in the search engine results because we do not control them, nor can we control user behaviors to your offer, product, service or solution. If you have any questions or reservations, please contact us prior to making a payment for services. Thank you!
Each time an invoice is paid, the then-current version of these terms and conditions will apply. We recommend that you check the date of our most recent update to these terms and conditions and review any changes since the last time you paid an invoice. All invoices reference these terms and conditions and provide the URL of this page. Although most changes are likely to be minor, we reserve the right, at any time and without notice, to add to, update, change, or modify these terms, simply by posting a new version on this page. Any such addition, update, or change will be effective immediately upon publishing said update and/or updating this page.
A. Billing and Invoicing General Terms and Conditions —
MJ Media Group, LLC (hereinafter “Company” or “Contractor”) is the Company providing the products and/or services. Electronic and email communication are construed as a written notice in all communications by Company. These terms and conditions are referenced in all invoices issued by Company as these terms and conditions govern the invoiced services and the required amount due and payment(s) under the invoice. Invoices are due in full on the date of issue unless otherwise stated below. Company may accept a deposit or provide payment arrangements as a courtesy to Customer but this shall not be construed as a waiver of the full balance due Company. Any and all payments made on an invoice shall be deemed to be full acknowledgment and acceptance of these terms and conditions by the Customer. In general, once payment is made on an invoice there will be no refunds issued as we begin work immediately and often render or deliver the products and/or services immediately or very quickly after payment is made. Customer acknowledges and understands this and both parties agree that the invoice is an agreement, and, unless otherwise indicated by a primary or secondary written agreement, the invoice represents the full scope of the agreed-upon project and related products/services. Any changes, additions or revisions above and/or beyond the scope or the total time estimate provided in an invoice (where applicable) will incur additional billing charges in fifteen (15) minute billable increments at the standard rate of USD $250.00 per hour. Any scope changes or delays caused by the Customer may result in changes to the invoice and fees.
In general, an invoice is an agreement and shall become effective and due as of the date first issued by Company and terminate immediately upon final payment of the full balance due to Company. Invoices sent via email are considered as written notice to Customer of the balance due. The Customer shall pay the Fees on or before the date due in accordance with the Invoice but not later than 5 days past the invoice date. Software development and website design projects may not be canceled in any way once initial payment or the deposit is paid by Customer.
Company requires a 30-day written notice of cancellation of any recurring advertising, marketing, technology, hosting, licensing or support service.
Recurring products and services are defined as the same product or service being provided for two or more consecutive months. Written notice of cancellation may be emailed or sent to our corporate billing address at 1321 Upland Dr, Ste 626, Houston, TX, 77043.
Company reserves all rights not expressly granted to Customer. Except as authorized in these terms and conditions, Customer shall not sell, rent, lease, sublicense, distribute, transfer, copy, reproduce, display, modify or time share any work product provided or produced by Company to Customer. Company expressly retains and preserves all copyrights on original work product. For any payment not received when due, Company may, in its absolute and sole discretion: (1) Suspend any and all services Company is providing Customer under the invoice(s); (2) assess an initial late fee of $75.00 for administration and processing; (3) charge interest at the highest rate permitted by law for any unpaid balance(s); (4) additionally, Company is entitled to recover any costs or fees expended in connection with the collection of unpaid invoices that become more than 30 days delinquent, including but not limited to, reasonable attorney’s fees, court costs and any related damages. The parties agree that this subparagraph shall apply regardless of the existence of any applicable primary or secondary written agreement and the parties agree that any primary or secondary agreement is amended to permit these rights.
B. Software Development & Web Design —
Customer acknowledges and understands that software and/or website development projects are NOT fixed-price projects in any way. The estimate of development and design hours provided in the invoice to Client by Company is based exclusively on a “BEST ESTIMATE” of total development time in hours projected to be spent by Company and its development team to design, develop and complete the project. If the Company’s total time spent on the development/design project exceeds the time estimate provided to Client via the invoice, Customer will be invoiced accordingly at the standard hourly rate. Invoices are due in full once issued and deposit to commence the project is paid. Payments for all development and design projects made to us in increments is only a courtesy to the client. Once a payment or deposit is made, it is non-refundable and the full balance of the invoice is due to Company without exception. If a project is canceled or postponed, all monies paid are retained by Company and full invoice balance notated on the invoice remains due to Company without exception. Company exclusively owns a copyright on ALL of its own intellectual property such as software source code and custom website code, including but not limited to, text, content, images, designs, layouts, themes, videos, logos, technical data, documentation, programming code or other work product, that may be integrated into or become part of work being done for Customer. Customer acknowledges and agrees that the products, source code, object code, the software, the ideas, methods of operation, strategy, processes, know-how, aesthetic aspects, sub-systems and platform modules included in the products, graphical user interface(s) for the Products, and the look and feel of the Products are proprietary intellectual property which contain valuable trade secrets and all Intellectual Property Rights are owned exclusively by Company.For website development projects, once the full balance of this invoice is paid to Company, ownership of the website passes to the Customer subject to all third-party licenses for third party technology and code used to develop the website (ie. WordPress® or Shopify®). Customer may elect to have Company continue to host the website code on the world wide web for Customer. Customer is free to choose the web hosting company of its choice and Company will migrate the website to the web host of Customer’s choice for a migration fee. Migration to a separate third party web host will have certain technical requirements that Customer will be responsible for if Customer chooses to use a third-party hosting service.Customer acknowledges and understands that software and website development involves hundreds if not thousands of small details and that development of a new website or software product/integration often involves new ideas, evolutions, iterations or changes that the Customer would like implemented as the project develops over time. Customer also acknowledges that it is impossible for Company to anticipate Customer’s exact development and design wishes as the project gets underway and that the estimated time to complete a project in the invoice are solely a good faith estimate provided for the Customer’s own budget/resource planning and is in no way a guarantee the work performed and completed under the invoice will be completed under the time estimate provided. The actual amount of time required may be higher or lower for any number of reasons, many of which are stated herein. Any requests (oral or written) for changes, additions or revisions to the project AFTER development has started under this Agreement will incur an additional charge at the standard hourly rate. Company will notify Customer of any need to begin billing for additional development time in advance and Customer will need to approve the additional billing before Company continues any further work on the project. Customer acknowledges and understands that if Customer does NOT approve the additional time and billing needed to complete a project after the Company provides notice, the project will be suspended and may not be completed.
C. Print Design —
Design costs paid to Company are non-refundable. Printing costs paid to Company are refundable only if printing error is determined to be the responsibility of the Company. Company is not liable for damages incurred due to printing errors or problems from our files if full specifications from your printer were not provided or were incorrect/inaccurate, or if you supply the wrong files to your printer. Company never provides printing services, only print design. It is Customer’s sole responsibility to have design files printed and the Company has no responsibility in any way for the outcome of how Customer uses the design files provided by Company. Company will provide Customer with standard design file formats for a printer to use.
D. Research, Analysis and Setup Services —
Due to the nature of these services upfront payment in full is required before services are rendered or work product is released. No refunds or chargbacks are given for any of this setup, research, analysis, marketing, setup and/or service fees paid to Company.
E. Hosting (Websites and Applications) —
Hosting services are defined as a recurring service. Payments for previous months of any/all hosting services are non-refundable without exception. All hosting accounts require a minimum of 30 days written notice of cancellation or pay a $250.00 early termination/cancellation fee per hosting account at the sole discretion of Company. Hosting accounts are set up at the time of order and are allotted a specific amount of MONTHLY server resources, according to the plan purchased. If the client did not make use of the account, payment for service is still due. Hosting accounts are not canceled until written notice is received from the client. All hosting accounts will be suspended if an account invoice remains unpaid past 30 days of the date of issue.Domain hosting services may be suspended or terminated at any time by Company, if in the Company’s sole discretion, Company deems that the hosting account and the server resources are being used for sending spam email or if Customer uses the hosted domain to send email and Company’s domain is flagged by ISP’s or other 3rd parties for suspicious email sending practices. Sending Spam email is a serious offense in the digital world and can cause great harm to Company’s and Customer’s reputation, domain and brand assets. Company reserves the right to disable and/or terminate a user’s account if a user is found in violation of these terms and conditions, state or federal laws, or fails to provide proper written notice of cancellation. Accounts terminated due to policy, terms or legal violations will not be refunded. Failure to pay final balances due upon cancellation and/or the cancellation fee are violations of these terms and conditions.
F. Shopping Cart and 3rd Party Software Use and Licenses —
Development and/or use of WordPress and/or a shopping cart license grants customer a license to use the software on the domain specified when ordering, using web hosting services provided by Company only. You are not granted ownership of such software. Shopping cart licenses are non-refundable. Beyond 1 year, shopping cart licenses are non-transferrable to a new domain.Third-Party Materials. Nothing in these terms and conditions or any related agreement shall restrict or limit or otherwise affect any rights or obligations Customer may have, or conditions to which Customer may be subject, under any applicable private or open-source licenses to any open source code contained in any work product or deliverable or any third-party licenses for third-party Code or Software contained in or which otherwise may be part of the deliverables. Company expressly disclaims any responsibility for any 3rd party software that may malfunction or become inoperable in part or in full as it relates to the work that Company is doing for Customer. Customer is responsible for compliance with all 3rd party software licenses and holds Company harmless from any liability that may arise from Company or Customer’s use of 3rd party software product or code. Third-party code bases include, but are not limited to, WordPress®, Shopify®, Magento®, cPanel®, WooCommerce®, Paypal®, Stripe®, Authorize.net®, and Google®.
G. Recurring Services: Marketing and Hosting Solutions —
Recurring products and services are defined as the same product or service being invoiced and provided for two or more consecutive months. Examples of these recurring services include, but are not limited to, content marketing, web presence, SEO, local search visibility, PPC, social media, reputation and location data management and directory listing marketing. Invoices are issued in advance of services being rendered on all recurring services.
Payments for all digital marketing services are non-refundable without exception.
All digital/internet/online marketing solutions are a pre-paid monthly recurring subscription and payments for the invoices issued each month are payments in advance for the services to be rendered.
Quite often we expend hard costs in the beginning of the new billing cycle/month to provide for the subscribed products and/or services. We do not receive refunds on advertising dollars spent or labor hours expended/provided to conduct the work noted in the invoice, therefore we cannot and do not provide any refunds on any digital marketing services once payment is made for any reason. In the event we do not require a contract with our digital marketing packages, a 30-day written notice of cancellation is required to cancel any of these recurring invoiced products and services and shall be assessed as a cancellation fee in the event that Customer fails to provide Company with proper notice of intent to cancel services. No exceptions. Month one payment of your digital marketing solution shall be deemed as your authorization and acceptance of this policy. Written notice of cancellation may be sent to our mailing address at 1321 Upland Dr, Ste 626, Houston, TX 77043 or by email to admin@mjmediagroup.co. Due to the nature of recurring services and the costs to Company to deliver them, recurring services will be suspended if an account invoice remains unpaid past 14 days of the date of issue. Unpaid invoices are delinquent and turned over to collections after 30 days.
H. Digital Advertising Solutions —
Digital advertising is a recurring product and service however digital advertising campaigns require significant setup and ongoing connections to many different third-party providers for audience targeting and advertising campaign deployment. Third-party platforms include, but are not limited to, Google Ads, Google Display Network, Facebook Ads, Instagram Ads, Geofence Ads and more. Due to the extensive and significant amount of setup and ongoing maintenance required for deploying digital advertising campaigns, ALL digital ad campaigns require a three (3) month minimum commitment. The start date of the campaign is the date the customer makes the payment on the first invoice for the actual ad campaign deployment. Please note that ad campaign setup is NOT part of the 6-month minimum commitment. Once the setup phase of the digital ad campaign is complete, Company may issue Customer a separate invoice for the ad campaign which includes campaign management and optimizations, and ongoing monthly analysis and reporting. Company commonly calls the Digital Advertising Solutions it offers, “The C.A.S.E Model or the G.A.I.N Method”, “Signal Generation” or “Ongoing Optimization”. Invoice line items that use these solution names are for digital advertising and fall under these terms accordingly. If customer cancels a digital advertising solution with Company prior to the contract minimum, Customer is responsible for paying the full amount of the term using the first month’s line item amount(s) as the monthly obligation to calculate the total minimum due for the commitment requirement and the remaining balance shall be assessed as a cancellation fee in the event that Customer fails to provide Company with proper notice of intent to cancel digital advertising solutions.
I. Consulting Services —
Payments for all consulting services are non-refundable without exception. Consulting services provide immense value in the knowledge, advice, trade secrets, methods, strategies, tactics and other valuable consideration provided by us in and through the consultative process. Because of the nature of these services we do not provided refunds on any payments made on any invoice for consulting services by Company.
J. Credit Card Authorization | Chargebacks | Declines —
You authorize MJ Media Group, LLC (Company) to bill all charges related to products and/or services provided by Company to the credit card provided by you and agree to pay these charges according to the cardholder agreement.
You agree that there are no refunds for any reason under the terms and policies stated herein.
You hereby irrevocably authorize and instruct the card issuer to deny any chargeback requests relating to this charge authorization at anytime and for any reason and agree that fax, digital or electronic transmission of this agreement and/or payment on any invoice is mutually acceptable and legally binding under these terms and conditions and constitutes acknowledgment of these terms and conditions as noted on the associated invoice. If, at any time after you have placed your order and made a payment for the product/service from our site or over the phone, you subsequently attempt to file a chargeback with your credit card company or your credit card is declined, we reserve the right to have your work removed from the Internet immediately and cease all work in progress. As some of our services are delivered via email or the internet, the client will have access to all files so emailed or hosted in the cloud. In the event of a decline or chargeback being filed where you are still in possession of any of Company’s work product, we may commence any necessary legal action to prevent any unauthorized or unlawful use of our work or work product. All files are to be returned to us immediately and are not to be used by the client at any future stage until the decline or chargeback issue has been resolved and we have been compensated for work performed, products and/or services, or both. If we receive a decline, chargeback or payment dispute (i.e. PayPal Dispute or Credit Card dispute) from a credit card company or bank, your service and/or project will be suspended without further notice. A $250.00 decline/chargeback fee (issued to recover fees passed on to us by our merchant account and/or back and labor to process), plus any outstanding balances accrued as a result of the chargeback(s) must be paid in full before service is restored, files delivered, or any further work is done. Instead of issuing a chargeback, contact us to address any billing issues or questions. Requesting a chargeback or opening a PayPal dispute for a valid charge from us is a fraud and is never an appropriate or legal means of obtaining a refund. Please read and make sure you fully understand our billing, payment terms and refund policy prior to making a payment. If any arbitration or legal proceeding is brought for the enforcement of these terms and conditions under this Agreement, or because of an alleged breach, default or misrepresentation in connection with any provision of this Agreement, or other dispute concerning this Agreement, the successful or prevailing party shall be entitled to recover reasonable attorney’s fees incurred in connection with such arbitration or legal proceeding. This agreement shall be governed by and construed in accordance with the laws of the state of Texas. Both parties agree to the exclusive jurisdiction and venue of the courts and Harris County, Texas
K. General —
During the course of providing products and services to Customer, Company may document, record, notate and/or transcribe meetings conducted with and on behalf of Customer. Company retains full and complete ownership of all work product and deliverables including any Intellectual Property rights, copyrights, design rights and know-how for any Products or Services delivered under all related invoices and any intellectual property developed during the course of performing the Services. Customer acknowledges and agrees that the products, source code, object code, software, the ideas, methods of operation, processes, know-how, aesthetic aspects, sub-systems and marketing strategies are proprietary materials which contain valuable trade secrets and that all Intellectual Property Rights to the Products are owned exclusively by Company and its respective third parties, subject to any License between Company and its respective third parties. In addition, Company shall own all improvements to the Company’s deliverables and services, enhancements to the Company’s deliverables and services, and derivative works of the Company’s deliverables and services. Customer hereby assigns and will cause Customer’s employees and independent contractors to assign, to Company, all of Customer’s rights in and to such deliverables and intellectual property. Reservation of Rights. Contractor reserves all rights not expressly granted to Customer. Except as expressly authorized in writing by Company, Customer shall not sell, rent, lease sublicense, distribute, transfer, copy reproduce, display, modify or time share any Deliverable.
L. DISCLAIMER OF WARRANTY —
DISCLAIMER. EXCEPT AS EXPRESSLY DESCRIBED IN THIS WARRANTY SECTION, CONTRACTOR MAKES NO WARRANTY OF ANY KIND. CONTRACTOR DISCLAIMS AND EXCLUDES ALL OTHER EXPRESS, IMPLIED, AND STATUTORY WARRANTIES, REPRESENTATIONS, AND CONDITIONS WITH RESPECT TO SERVICES AND DELIVERABLES, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, GOOD TITLE, NON-INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE. SOME JURISDICTIONS DO NOT ALLOW LIMITATIONS ON DURATION OF AN IMPLIED WARRANTY, SO THE ABOVE LIMITATION MAY NOT APPLY TO THE CUSTOMER. CONTRACTOR DOES NOT WARRANT THAT THE SERVICES, ANY WORK PRODUCT OR DELIVERABLE PROVIDED WILL BE WITHOUT DEFECT OR ERROR. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN CONTRACTOR, ITS DEALERS, DISTRIBUTORS, AGENTS OR EMPLOYEES (COLLECTIVELY, “AGENTS”) SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY. THE CUSTOMER ASSUMES THE ENTIRE RISK AS TO THE USE AND PERFORMANCE OF THE PRODUCTS AND SERVICES AND THE APPLICATION OF THE DOCUMENTATION IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CORRECTNESS, OR OTHERWISE. TO THE EXTENT PERMITTED BY APPLICABLE LAW, BOTH PARTIES EXPRESSLY WAIVE THE APPLICABILITY OF THE UNIFORM COMMERCIAL CODE AND ANY OTHER STATUTORY COMMERCIAL TERMS. Exclusions. This warranty excludes non-performance issues that result from third-party hardware or firmware malfunction or defect; software not developed by Company; incorrect data or incorrect procedures used or provided by Customer or a third party, or defects which are outside the reasonable control of Company. Customer will reimburse Company for its reasonable time and expenses for any Services provided at Customer’s request to remedy excluded non-performance issues. This warranty shall immediately cease if Customer or any third party modifies any portion of a Deliverable and/or modifies Customer’s system so that a Deliverable is no longer functional or appropriate.
M. LIMITATION OF LIABILITY —
TO THE EXTENT THAT ANY PRODUCTS AND SERVICES ARE SUBJECT TO A SECONDARY AGREEMENT, THEN COMPANY HAS NO LIABILITY IN RELATION TO SUCH PRODUCTS AND SERVICES UNDER THIS AGREEMENT AND THE PARTIES AGREE THAT – EXCEPT TO THE EXTENT EXPRESSLY PERMITTED UNDER THIS AGREEMENT – ANY CLAIM SHALL ONLY BE MADE UNDER THE TERMS OF THE APPLICABLE SECONDARY AGREEMENTS. THE CUSTOMER AGREES THAT IT CANNOT SEEK AWARDS FOR THE SAME DAMAGES UNDER BOTH THIS AGREEMENT AND ANY SECONDARY AGREEMENT. IN NO EVENT SHALL COMPANY’S AGGREGATE LIABILITY UNDER THESE TERMS AND UNDER ITS SECONDARY AGREEMENTS FOR THE PRODUCTS AND SERVICES EXCEED THE ACTUAL FEES PAID BY THE CUSTOMER TO COMPANY FOR THOSE PRODUCTS AND SERVICES AS DETAILED IN THE APPLICABLE INVOICE OR ORDER FORM. COMPANY AND ITS AGENTS SHALL NOT BE LIABLE TO THE CUSTOMER OR ANY OTHER PERSON OR ENTITY FOR ANY INDIRECT DAMAGES, SPECIAL DAMAGES, CONSEQUENTIAL DAMAGES, OR INCIDENTAL DAMAGES, LOSS OF REVENUES OR PROFITS, BUSINESS INTERRUPTION, LOSS OF BUSINESS INFORMATION, DATA LOSS, AND LOSS OF BUSINESS OPPORTUNITY EVEN IF COMPANY OR ITS AGENTS HAVE BEEN ADVISED OF THE POSSIBILITY OR SUCH DAMAGES OR CLAIM.
N. CONFIDENTIALITY AND NON-DISCLOSURE —
Each party agrees to keep in confidence any confidential or proprietary information it receives from the other party. “Confidential Information” means any and all business and technical information provided by or which will be provided or disclosed by Company to Customer concerning Company’s respective interests and activities which the Company deems proprietary and confidential, including but not limited to, Company’s communications and actions with customer (verbal and non-verbal), customers, software technology, software systems, source code, object code, design details, user interfaces, databases, financial information, trade secrets, know-how, algorithms, processing procedures and equipment, standards and specifications, product samples, product development plans, proposed products and services, business plans, business information, customer lists, prices, market and sales information and plans, search engine optimization know-how and methods, market research and analysis, keyword and vertical market research, niche and local search marketing strategies, business plans, internal materials, data, reports, ideas and any non-public information which concerns the Company’s business and operations disclosed in any form or format, including, without limitation, written or other tangible medium, graphic, oral, visual, digital, electronic and/or machine readable or other non-tangible medium (hereinafter “Confidential Information”). Customer agrees that it shall not disclose any of Company’s Confidential Information to third parties, including but not limited to, any public, private or online forum or reviews website. Customer’s payment on an invoice shall be construed as Customer’s acknowledgment and agreement with these terms and conditions of Confidentiality and Non-Disclosure concerning the relationship between Company and Customer and any Confidential Information that Customer may acquire during the course of conducting business with Company. Customer agrees that any breach related to Confidential Information may cause irreparable harm to Company. As a result of such breach, Company shall be permitted to seek injunctive relief to prevent and limit any such harm.
ACKNOWLEDGMENT
The Customer hereby acknowledges having read these terms and conditions and hereby agrees to be bound by said terms and conditions. Payment on any invoice by Customer shall be deemed as customer’s acknowledgment, understanding and agreement to be bound by these terms and conditions.
ADDRESS FOR ALL WRITTEN NOTICES
MJ Media Group, LLC
1321 Upland Dr, Ste 626
Houston, TX, 77043
PLEASE NOTE THAT THESE TERMS AND CONDITIONS MAY BE MODIFIED FROM TIME TO TIME AS NEEDED IN THE SOLE DISCRETION OF THE COMPANY.
Privacy Policy
Updated October 17, 2023
PLEASE READ THIS AGREEMENT CAREFULLY AND IN ITS ENTIRETY BECAUSE IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS, AND REMEDIES, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AS WELL AS SPECIFIC PROVISIONS CONCERNING HOW ANY DISPUTES INVOLVING THE MJ MEDIA GROUP WEBSITE AND/OR ANY PRODUCTS AND SERVICES AVAILABLE THROUGH THE WEBSITE WILL BE RESOLVED.
Introduction
Welcome to the MJ Media Group website, operated by MJ Media Group, LLC (collectively, “We,” “Us” or “Our”).
By using any page of the MJ Media Group website, including any related mobile websites and mobile applications, as well as any membership or community areas (the “Website”), or by purchasing any products sold on the Website (“Products”) or using any services available for use or purchase through the Website by accessing the free or paid membership areas (“Services”), you agree to be bound by these Terms of Use, whether or not you make a purchase, create a free user account, or register as a paid member, and whether you’re accessing the Website from a computer, tablet, mobile phone device, or other means of access.
We may add additional websites, pages, apps, products and services as we expand our offerings, and these Terms of Use will govern those new additions when they are made public, unless the service requires the execution of a separate Client Agreement or Consulting Agreement between you and Us, in which event the more specific Client Agreement or Consulting Agreement shall control.
This Agreement is subject to change by Us at any time. Any changes will be posted to this URL, and will be effective as of the date of posting, as indicated by the “Last Updated” date at the top of the page.
Your continued use of the Website and our Products and Services will constitute your express and binding acceptance of and consent to any Terms of Use in effect, including all revisions. If you object to anything in this Agreement, the Privacy Policy (available at https://lawmarketingzone.com/privacy-policy) or any content on the Website, you are not authorized to use this Website or the Products and Services offered hereon and are hereby instructed to discontinue using same.
Electronic Agreement. This Agreement is a legally binding, valid and enforceable electronic contract that contains the terms of governing your use of our Website and the Products and Services available in the free and paid membership areas. By accessing and/or using the Website and the Products and Services, including creating a free user account and/or becoming a paid member, you accept this Agreement and consent to the terms, conditions, and notices contained or referenced herein.
Accounts and Memberships
Creating an Account. If you register a free account or become a paid member, you will be required to provide certain personal information, including:
Your first and last name;
Your company name;
Your e-mail address and telephone number;
Your credit card or bank account information;
Your billing address;
Your date of birth;
How we collect and process said personal information, the purposes for which we collect same, as well as your rights and options regarding opting out of the collection or processing of your personal information, is explained in detail in our Privacy Policy (available at https://lawmarketingzone.com/privacy).
Creating a free user account allows you to access our free digital content consisting of trainings on various marketing topics.
Creating a paid membership account allows you to gain immediate access to the paid membership area for a one-time payment, which contains all of our members-only digital courses and other paid content.
If you create an account or become a member, a member profile page will be created for you, and you will be able to leave comments on certain content that will be visible to other members, but not the general public.
Membership Terms. By signing up for a paid membership account, you gain access to various products and services available exclusively to our paid members. Please note that our Products, Services, and prices are always subject to change without notice. Detailed information on what is included in your membership can be found on the landing and checkout pages leading up to your purchase.
Passwords and Account Security. By creating a free user account or becoming a paid member, you acknowledge that maintaining the confidentiality of your username and password are your responsibility. You further acknowledge and agree not to disclose or allow the use of your username or password, or otherwise lend or transfer access to your user account or membership account to any third party. The Products and Services, including the memberships sold through the Website, are for your personal use only, and are not to be shared or re-sold. You are fully responsible for all transactions with, and information conveyed to Us under your username, membership, or account.
In the event of any unauthorized use of your username or password, or any other breach of security related to your membership or user account, you hereby agree to immediately notify Us. You further agree that We are not liable for any claims, losses, liabilities or damages relating in any way to such breach of security, and that you will indemnify and hold Us harmless in connection with any loss or damage arising from your failure to comply with any of the obligations under this section.
Payment of Fees. The membership fee can be paid in full in advance, or pursuant to a payment plan, in the manner and amount(s) specified on the checkout page.
By clicking the payment button and providing us with your payment information, you authorize Us to process payment in the amount indicated for the Products and/or Services selected.
If you elect to pay the membership fee in monthly installments as specified on the checkout page, you understand and agree that you are bound to pay the entire membership fee and you authorize Us to charge your credit card on file every thirty (30) days from the date of your purchase for each monthly installment, until the entire membership fee is paid in full.
If you elect to pay your membership fee via an available payment plan, you agree to keep your credit card information current. In the event that a payment is rejected, you agree to update and provide a valid form of payment within forty-eight (48) hours of the failed payment attempt.
Any installment amount remaining unpaid after the date it is due shall bear interest at a rate of 1.5% per month or the highest rate allowed by law, whichever is greater, from the date such payment was due until it is paid.
If you fail to remit your payment within 14 days of your due date, membership, service and product access will be immediately suspended without notice. If payment is not received within 30 days of your due date, we will have no choice but to take further action including but not limited to the following:
Terminate access to all memberships, services and products without notice
Terminate your right to use any material or content provided by us
Further to the above actions, we may send your file to our international collection agency to attempt collections on the entire amount owing. We use Kingston Data and Credit (https://kingstondc.com/) to collect all unpaid accounts.
Membership Term. Memberships begin on the date the membership fee is paid, and continue until either a) we cancel your account due to your breach of these Terms and Conditions; b) you cancel your account by contacting us at admin@mjmediagroup.co; or c) we discontinue the operation of the Website and the related Products/Services. In the event of the latter, we will provide all of our paying members with at least 30 days’ notice prior to our termination of the Website.
Third Party Sites. We love to interact with our members and users on third party sites such as Facebook and Skype. Please note that we do not have any control over these third party platforms, which have their own Terms of Use and Privacy Policies that apply to their use, and with which you should familiarize yourself prior to use.
Third Party Products. Any reference on the Website (including any membership areas) to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by MJ Media Group, LLC. Information on this website relating to third party products is for informational purposes only.
To the fullest extent permitted by applicable law, MJ Media Group, LLC specifically disclaim all representations and warranties, express or implied, including any warranties of merchantability and fitness for a particular purpose, noninfringement, as well as any and all warranties relating to the functionality, features, or reliability of any third party products and services, and the accuracy, timeliness, reliability, completeness or currentness of any information contained in or accessible through same. Specifically, MJ Media Group, LLC makes no representation or warranty that (a) any third party products or services will be available on a timely basis, or that access to same will be secure, uninterrupted, and without error; (b) that any defects or errors relating to any third party products or services will be corrected; (c) that the website or any products or services sold or described therein are free of defects, malfunctions, viruses or other harmful elements; or (d) that access to third party products or services from the Website, including any membership area thereof, will be uninterrupted and without error.
By using any third party products and/or services, you acknowledge that said products and services have their own terms, privacy policies and disclaimers which may be different from our own, and which are beyond our control. It is your job and responsibility to read those terms and privacy policies before using those products or services.
As the trial access to third party products and/or services is provided as a bonus to certain paying members and is not part of any of Our core memberships, products or services, We may, in our sole discretion, discontinue providing access to same at any time. In the event that we elect to terminate our trial access program to third party products and/or services, our members to whom this trial access was provided will receive a minimum 30 days’ notice of termination so that they may make other arrangements.
Intellectual Property
All content on the Website may constitute the intellectual property of MJ Media Group, LLC. Except in circumstances expressly authorized in these Terms of Use or in a separate, superseding agreement, no material on the Website, and no material transmitted as part of our Products or Services, may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever without the express, written consent of MJ Media Group, LLC, as applicable.
Copyright. Any and all content on the Website, as well as content transmitted with and/or as part of our Products or Services, including any designs, graphics, logos, icons, text, images, audio and video clips, the selection, compilation and arrangement thereof, as well as any and all software and custom code on the Website is protected by U.S. and international copyright laws. MJ Media Group, LLC reserve all rights in such copyrighted content. The compilation, collection, assembly and arrangement of all content on the Website is the exclusive property of their owners, and any unauthorized use, distribution, reproduction, modification, transmission, display, performance, republishing, creation of derivative works therefrom, and any other means of dissemination without our express written consent, is prohibited by law and will be prosecuted.
Trademarks. MJ Media Group, LLC, as well as all custom graphics, icons, page headers, logos, slogans, product names, and other brand identifiers are trademarks, trade dresses and service marks of MJ Media Group LLC. As such, any use of these marks in any manner likely to confuse consumers without the express, written consent of their owner, is strictly prohibited. Any trademarks belonging to third parties require the consent of their respective owners prior to use or display.
Nothing in this document, or on the Website, gives any person the right to copy, reproduce, publish, upload, share, use, register as a domain name, or otherwise display any logo, slogan, tagline, trademark, trade name, service mark, trade dress, copyrighted material, patent, trade secret, or confidential information owned by MJ Media Group, LLC, or any of Our partners, sponsors, parents, subsidiaries, and affiliates.
Product Purchase and Delivery
Digital Delivery. All Products sold by Us on the Website are digital products only, and are deemed delivered when you receive the login credentials by which the membership area containing the products may be accessed.
Third Party Products. Any reference on the Website to any products, services, processes or other information by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by Us. Information on this website relating to third party products is for informational purposes only.
No Re-Sales. You acknowledge and agree that disclosing or allowing the use of your username or password, or otherwise lending or transferring access to your user account or membership account to any third party is strictly prohibited. The Products and Services, including the memberships sold and accessible through the Website, are for your personal use only, and are not to be shared, re-sold, distributed, or otherwise made accessible to third parties other than the member who purchased the membership.
Affiliate Disclaimer. We believe in transparency on the web, so it is important to us to disclose that our Website, including some of our Products, Services, e-mails, newsletters and social media posts may include links to certain products or services on which we earn affiliate commissions, sponsorships, free products or services, or other forms of compensation for purchases made by visitors who found the site through one of our links.
Be assured that any compensation received by us will never influence the topics and content of the Website or our Products, Services, e-mails, newsletters and social media posts. We only promote those products and services that we have thoroughly investigated, and which we feel can truly deliver value to our users, members and readers in a way that is aligned with the values of our company.
Though we may receive compensation for some of our sponsored content, the views and opinions expressed in any post or e-mail we send out will always be our own, and we will always give you our honest opinions, findings, beliefs or experiences relating to any sponsored products, services and businesses.
Since we are not the manufacturers or distributors of the products we promote, it is important that readers verify any product claim, representation, statistic, testimonial, quote, or other representation about a product or service with the manufacturer, seller, or other responsible party. It is further your responsibility to read the terms, conditions, disclaimers and privacy policies posted by such third parties before using any of such third party’s products, services or information.
If you have any questions regarding our affiliate relationships, please do not hesitate to contact us at admin@mjmediagroup.co.
Payments, Returns and Refunds
Payment Terms. Payments for Products and Services, including memberships sold via the Website, are to be made via the payment methods specified on the checkout page.
Payment of membership fees are further governed by the “Payment of Fees” paragraph under the “Accounts and Memberships” section of this Agreement.
Any coaching, consulting and/or done-for-you Services that are not included in the paid membership program(s) available for immediate purchase through the Website (“Separate Services”) require the execution of a Client Agreement between you and Us, and shall be subject to the specific terms and conditions stated therein, including the time and manner of payment. We are under no obligation whatsoever to render or caused to be rendered any Separate Services of any kind in the absence of a Client Agreement properly executed by all parties involved.
Refunds and Cancellations. We want you to be satisfied with your purchase, but we also want you to give your best effort to apply all of the strategies in the course.
We therefore offer limited refunds to members who purchased non-discounted memberships, if all of the following requirements are met:
In order to be eligible for a refund, you must have viewed less than 30% of the total course material (we use a database provider who provides accurate metrics regarding viewership of total course content).
In order to be eligible for a refund, you must NOT have accessed or activated any of the following sections of the course:
Lead Follow Up Membership Portal;
Resources Section; or
Facebook Ads Academy Package
All refund requests must be submitted via e-mail to admin@mjmediagroup.co, within fourteen (14) days of purchase. If a refund request is not made within fourteen (14) days of purchase, all payments are non-refundable and you are responsible for full payment of the membership fee in accordance with the payment provisions above, regardless of whether or not you elect to complete the program.
Users who have activated any one or more of the above listed sections of the course are NOT eligible to receive any refunds. These include “Lead Follow Up Membership Portal”, “Resources” and “CRM Package”.
Discounted purchases are not eligible for refunds.
Refund requests within 24 hours of purchase may require additional verification in an effort to prevent piracy.
If you have any questions or problems relating to the program or this refund policy, please let us know by contacting our support team at admin@mjmediagroup.co.
Content Posted by Users
Your Public Content. By using the Website, you understand that any public content you post on the Website and/or any other site, social media account, page, group, community or other forum or page hosted or operated by Us in connection with the Website and/or the Products or Services provided thereon, is solely your responsibility, and further, that such content may be seen by anyone, including other members, users, and in some cases (such as posts appearing on our social media pages) the general public.
Limitation of Liability Regarding Public Content. We are not responsible for any consequences of content posted by anyone on the Website and/or any other site, social media account, page, group, community or other forum or page operated by Us in connection with the Website and/or the Products or Services provided thereon. We only provide certain site(s), forum(s) and group(s) for public discussion, but we are not liable for any statements, representations, or other content provided by any user or member of the public in any forum, application or platform. We do not control what you or anyone else posts either on the Website or on third party sites, applications or platforms. As such, we make no guarantees whatsoever as to the quality, accuracy, correctness or integrity of any content posted by users of the Website or any third party site, forum, application or platform.
You further understand and acknowledge that, by using the Website and/or by interacting with us and other users on third party platforms, you may be exposed to offensive, indecent or objectionable content, for which We are not responsible. Any risk of damage or injury from such content resides entirely with you. Under no circumstances will We be liable in any way for any content or information posted on any public forum or third party site by anyone, including, but not limited to a) any errors or omissions in said content; or b) any loss, damage, claim, expense or injury of any kind (including but not limited to personal injury or property damage), incurred as a result of the use of, or reliance upon, any content posted, emailed or otherwise transmitted via or to the Website or any affiliated or third party sites, platforms, or applications by any user or member of the public.
In addition, while you may access and view any content on the Website and affiliated forums, groups and communities, you may do so only as permitted under these Terms of Use and our Privacy Policy. Under no circumstances are you permitted to use, copy, distribute, display, sell, reproduce, incorporate or make derivative works from any of the content posted on the Website and/or any affiliated forums, communities and third party sites, without the express permission of its owner.
Warranties Made by You. By posting content on the Website, forums, groups, communities or any third party account, site, application or social media account associated therewith, you acknowledge, represent and warrant that:
Your content and personal information posted in any public forums, communities, groups and membership areas associated with the Website and the Products and Services provided thereon may be available to other Members and users, as well as some third party sites;
You are the sole author and owner of all intellectual property and other rights to any content posted by you, or have the necessary licenses, rights, consents and permissions to use said content;
You consent to the potential use by Us of any content posted by you in Our Products, Services and marketing and advertising materials and campaigns, online or offline;
You waive any and all “moral rights” to said content posted by you, and you do not require that any personally identifying information be used in connection with said content, or any derivative works of or upgrades or updates thereto;
You will at all times comply with the Federal Trade Commission’s requirements regarding the use of endorsements and testimonials in advertising, including making a clear and conspicuous disclosure if you receive any compensation or incentive in any form in exchange for posting content on the Website or any third party sites, platforms or forums hosted or operated by Us;
You are at least 13 years old;
If you are a minor, that you have obtained the consent of your parent or legal guardian to use the Website, as well as their express agreement and consent to these Terms of Use;
You also represent and warrant that any content you submit to the Website and any communities, forums, groups, and membership areas associated with the Website and Services provided thereon:
Is accurate, is not false, and is not misleading;
Does not violate any law, statute, ordinance or regulation;
Will not cause harm, damage, injury or the violation of the rights of any person or entity under the law;
Is not harmful or damaging to minors;
Does not infringe on the intellectual property rights of any person or entity under pertinent state, national and international intellectual property laws as they pertain to trademarks, copyrights, patents, trade secrets and other forms of intellectual property;
Does not violate the privacy rights of any person or entity;
Is not a violation of a contractual obligation or fiduciary relationship owed by you to any other person or entity;
Does not violate any law, statute, ordinance or regulation;
Is not hateful, defamatory, bullying, obscene, racially or religiously offensive, abusive, harassing, or threatening to any person, group or entity;
Does not include references to other Website, addresses, email addresses or other contact information;
Complies with these Terms of Use and our Privacy Policy in all respects;
Does not constitute phishing, promotion, unsolicited or unauthorized advertising, spam or junk mail; and is not made in furtherance of any pyramid scheme or other form of solicitation;
Does not contain any computer viruses, worms or other potentially damaging programs or files; and
Does not impersonate or otherwise use the name or likeness of, or imply any affiliation with, any other person or entity without their express permission.
In the event that any content posted by you violates any of the above, We reserve the right to terminate your Account and this Agreement immediately and without notice, and to seek any and all additional damages and remedies available under applicable laws.
No Obligation of Confidentiality. You understand and acknowledge that there is and will not be any obligation of confidentiality on Our part or on the part of any of Our agents, subsidiaries, affiliates, partners, third-party service providers and their respective directors, officers and employees, with respect to any content posted by you to the Website and/or any third-party site, application or social media account, page, group or other forum, community or page associated with and/or operated by Us.
Screening and Modification of Content. While We are under no obligation to screen any content submitted by our members or users, we reserve the right to pre-screen, change, condense, delete, or refuse to post any content on the Website and any social media accounts, groups, communities and other public forums associated therewith or operated by Us. We reserve the right to remove any content that violates these Terms of Use, without notice, and without any guarantee of recourse on your part.
Personal Information of Other Users. You may not use the Website, including any user or membership areas, and any affiliated forums, groups, pages, communities, social media pages and accounts, and other similar forums to collect or store personal information about other users.
Compliance With Terms of Use. You acknowledge that, while you may access and view any content on the Website and affiliated forums, you may do so only as permitted under these Terms of Use and our Privacy Policy. Under no circumstances are you permitted to use, copy, distribute, upload, perform, display, incorporate or create derivative works from any of the content posted on the Website and any affiliated forums and third party sites, without the express permission of the owner of the content.
Compliance With Laws. You acknowledge and agree that any use of our Website and our Products and Services by you must comply with all applicable laws, regulations, rules and orders of any court having jurisdiction over you, Us, and/or the recipient of any communication by you for which you have used the Website or our Services. Understanding all laws applicable to your conduct and communications is your responsibility. Some examples of laws with which you may be required to comply include the CAN-SPAM Act, COPPA, CalOPPA, the GDPR, the EU Privacy and Electronic Communications Directive, the U.K. Privacy and Electronic Communications Directive, the Telephone Consumer Protection Act (TCPA), the Canada Anti-Spam Law (CASL) and/or any other laws relating to privacy, security, intellectual property, consumer protection, terrorism, corruption, child protection, or import/export laws.
Our Use of Your Content
Ideas and Suggestions. If you mail, e-mail or otherwise transmit any content to us, or post any content to the Website and/or any site or social media account, page, group, community or other forum or page associated therewith and/or otherwise owned or operated by Us, and such content includes any ideas, suggestions, documents or proposals to Us, you acknowledge that a) nothing contained in said content is confidential, b) We have no obligation of confidentiality with respect thereto, and c) We are not liable to pay you any compensation, reimbursement, or other payment unless expressly agreed to by Us in a properly executed written agreement.
Permission and License. For any content that you transmit to us via mail, e-mail, telephone, or submission to or via the Website, and/or any other site or social media account, page, group or other forum hosted or operated by Us, you grant Us a worldwide, non-exclusive, perpetual, royalty-free, irrevocable, sub-licensable and transferable right and license to use, reproduce, display, publicly perform, distribute, share, communicate, copy, modify, delete, publish, edit, adapt, translate, create derivative works from and/or sell such content and/or incorporate such content into any work, form, technology, medium or process, whether now or hereafter known throughout the world, without making any compensation to you. This license shall survive the termination of these Terms of Use and your use of the Website and/or our Products or Services, and shall include sharing your content, or any part thereof, with any third parties.
Photographs. You hereby grant Us permission to use any and all photographs taken by Us or our agents, employees or other representatives, or submitted by you to us via mail, e-mail, website submission or on an open forum such as a social media platform, group, or other community. Our use of said photographs may include use in any media (print, television, Internet, radio/podcast or any other form of publication), for any purpose, including marketing, advertising, promotion, or packaging of any product or service sold and/or marketed by Us. You further acknowledge and agree that said photographs may be licensed by Us to any third party, and may be combined with other graphics, text, sounds and videos, or otherwise modified, altered and/or manipulated to fit the use intended by Us or our licensees, without paying any royalty, fee, or other monetary compensation to you.
You hereby agree to release, hold harmless and forever discharge Us from any and all claims, losses, damages or liabilities that you may suffer as a result of the use of any photographs taken by Us or Our agents or employees, or submitted by you to Us via mail, e-mail, website submission or on an open forum such as a social media platform. You further acknowledge and agree that this release is irrevocable, and is binding upon your heirs and assigns.
Arbitration
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS. IT CONTAINS PROCEDURES FOR MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.
IF YOU ARE A U.S. RESIDENT, YOU ALSO AGREE TO THE FOLLOWING MANDATORY ARBITRATION PROVISIONS:
AGREEMENT TO ARBITRATE: Any disputes arising out of or relating to this Terms of Use Agreement and/or your use of the Website, any Products or Services sold or offered for sale thereon, any posted content, and/or your use of any community and membership areas or other off-site pages and forums hosted and/or operated by Us, shall be submitted to binding arbitration in accordance with the rules of the American Arbitration Association, and each party hereby consents to any such disputes being so resolved. Judgment on the award so rendered in any such arbitration may be entered in any court having jurisdiction thereof.
However, you agree that this arbitration clause does not apply to the extent that the claim or lawsuit is being initiated by Us, based on your violation or threatened violation of Our intellectual property (trademark, copyright, patent or trade secret) rights. In such cases, We may bring a lawsuit for injunctive relief to stop the infringement of its intellectual property rights, as well as for damages and attorney fees, where applicable, without first engaging in arbitration or other informal dispute-resolution process otherwise required by these Terms of Use.
WAIVER OF JURY TRIAL: By electing to resolve all claims and disputes via binding arbitration, THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO APPEAR IN COURT AND HOLD A TRIAL IN FRONT OF A JUDGE OR A JURY. Should any litigation arise between you and Us in any court, state or federal, to vacate or enforce an arbitration award or otherwise, ALL PARTIES HEREBY WAIVE ALL RIGHTS TO A JURY TRIAL, and elect the dispute to be resolved by a judge.
ARBITRATION PROCEEDINGS: Arbitration is a much quicker, often cheaper, and more informal process than a lawsuit. In arbitration proceedings, the case is decided by an arbitrator, instead of a judge or a jury. The arbitrator can award the same damages and relief that a court can, and his decision is final and binding. In the United States, arbitration procedures are governed by the Federal Arbitration Act. It is recommended that you familiarize yourself with that legislation, or consult with an attorney, in order to understand how arbitration procedures work.
OPT-OUT OF ARBITRATION: You have the right to opt out of this arbitration agreement by emailing Us at admin@mjmediagroup.co and providing the following information:
Your name;
The URL of these Terms of Use;
Your address;
Your phone number; and
A clear statement that you wish to opt out of this arbitration provision in the Terms of Use.
The Opt-Out Notice must be emailed no later than 30 days after the date you first accept the Terms of Use by using the Website.
YOU ACKNOWLEDGE THAT YOU HAVE BEEN ADVISED THAT YOU MAY CONSULT WITH AN ATTORNEY IN DECIDING TO ACCEPT THIS AGREEMENT TO ARBITRATE.
If any provision of this arbitration agreement is found unenforceable, the unenforceable provision shall be severed, and the remaining arbitration terms shall be enforced.
General Provisions
Third Party Content. We may provide content from third parties, and links to sites operated by third parties over whom We have no control. We do not monitor, approve, or update the content posted on these sites, and our inclusion of links thereto in no way implies or constitutes any association between Us and said third party, nor does it constitute any form of guarantee, endorsement, or representation with respect to the completeness or accuracy of the referenced third party content or site. You acknowledge that you use and rely on third party content solely at your own risk. Any third party posted by us is not a reflection of Our views.
Non-Interference. By using the Website, you agree not interfere with, disable, disrupt or circumvent any security or security-related features that prevent or restrict the use of, or access to, any part of the Website, any of its features, the content posted thereon, or any of our Products or Services. You may not interfere with or disrupt the Website, servers or networks connected thereto, nor may you disobey any rules, requirements, policies, procedures or regulations of networks connected to the Website. Further, you may not use any device, software, or technology to disrupt or negatively interfere with any other user’s experience or ability to use the Website or its functions and features, including the ability to purchase and use Products, Services, such as account or membership benefits.
Reservation of Rights. We reserve the right to terminate, in Our sole discretion and without notice, any membership or user account, and/or block any user’s, member’s or visitor’s ability to use or access the Website, or any of its pages, in any manner.
We may access, preserve and disclose any personal information collected, including your account information, usage, device and browser information, browsing behavior and other trackable data, and content posted by you, for any lawful purpose, as detailed in our Privacy Policy. We will always preserve such personal information if required to do so by law or court order, or if supported by a good faith belief that doing so is reasonably necessary to a) comply with legal process; b) respond to claims by third parties; c) enforce these Terms of Use; d) respond to your customer service requests, or e) protect the rights, property, life, health, safety or security of Us and Our employees, agents, representatives, users, or any other person or entity.
In order to protect our customers, ourselves, and the general public from fraud and other unauthorized or illegal activity, we further reserve the right to screen all orders made through the Website for fraud and unauthorized or illegal activity, and to refuse to process any order found fraudulent, illegal or unauthorized, or suspected of fraud or unauthorized or illegal activity. We may also cancel any accounts or refuse to ship to certain addresses due to suspected fraud or unauthorized or illegal activity. If verification is required before processing your order, we may call you at the contact information you provided to confirm your order, address, shipping and/or billing information, and/or identity.
Warranty Disclaimer. MJ MEDIA GROUP, LLC IS PROVIDING THIS WEBSITE, ITS CONTENTS, THE PRODUCTS AND SERVICES AVAILABLE THEREON, AND THE MEMBERSHIP AREA AND FORUMS ON AN “AS-IS” BASIS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, WITH RESPECT TO THE INFORMATION, CONTENTS, OR OPERATION OF THE WEBSITE OR ANY OF ITS FEATURES OR FUNCTIONALITIES, INCLUDING THE MEMBERSHIP AREA.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE SPECIFICALLY DISCLAIM ALL SUCH REPRESENTATIONS AND WARRANTIES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, NONINFRINGEMENT, AS WELL AS ANY AND ALL WARRANTIES RELATING TO THE ACCURACY, TIMELINESS, RELIABILITY, COMPLETENESS OR CURRENTNESS OF ANY INFORMATION CONTAINED ON OR ACCESSIBLE THROUGH THE WEBSITE OR THROUGH ANY PRODUCT OR SERVICE PROVIDED BY US.
WE MAKE NO REPRESENTATION OR WARRANTY THAT (A) THE WEBSITE, OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN WILL BE AVAILABLE ON A TIMELY BASIS, OR THAT ACCESS TO SAME WILL BE SECURE, UNINTERRUPTED, AND WITHOUT ERROR; (B) THAT DEFECTS OR ERRORS WILL BE CORRECTED; OR (C) THAT THE WEBSITE OR ANY PRODUCTS OR SERVICES SOLD OR DESCRIBED THEREIN ARE FREE OF VIRUSES OR OTHER HARMFUL ELEMENTS.
WE DO NOT PROMISE, GUARANTEE OR WARRANT YOUR BUSINESS SUCCESS, INCOME, OR SALES.
It is possible for the Website and our Products and Services to contain mistakes, inaccuracies, and materials that conflict with these Terms. Should a conflict arise between anything posted on the Website or in a Product or Service we offer and these Terms, these Terms shall control.
If there is a conflict between these Terms of Use and any separate Client Agreement or Consulting Agreement entered into and executed by and between you and Us (or between you and MJ Media Group, LLC), the terms of the Client Agreement or Consulting Agreement shall control.
Liability Limitation. MJ MEDIA GROUP, LLC SHALL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN ANY WAY RELATING TO, THE USE OF THE WEBSITE, THE COMMUNITY AND MEMBERSHIP AREAS, ANY SOCIAL MEDIA OR OTHER PUBLIC FORUMS AND THIRD PARTY ACCOUNTS OWNED AND/OR OPERATED BY US, OR ANY OF THE PRODUCTS OR SERVICES OFFERED FOR PURCHASE OR SALE THROUGH THE ABOVE CHANNELS. THIS LIMITATION OF LIABILITY APPLIES TO, BUT IS NOT LIMITED TO ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, PROPERTY DAMAGE, LOSS OF INCOME, LOSS OF PROFITS, LOSS OF DATA, AND CLAIMS OF THIRD PARTIES.
Indemnification. By using the Website, any community or membership areas, or any social media or other public forums and third party accounts, sites and platforms associated therewith and/or hosted or operated by Us, you agree to defend, indemnify and hold harmless MJ Media Group, LLC and their officers, directors, agents, parents and subsidiaries, joint ventures, employees, affiliates, assigns and third-party service providers (the “Released Parties”), from all claims, causes of action, demands, losses, liabilities, costs, expenses, obligations and damages of every kind and character without limit, including reasonable legal fees, arising out of your conduct, such conduct being inclusive of, but not limited to a) your misuse of the Website and any community or membership areas; b) your violation of any term of these Terms of Use; c) a breach of your representations and warranties set forth above regarding content posted by you; d) your violation of any law or the rights of a third party (including, without limitation, any privacy, copyright, trademark, property or right violation); or e) any loss, damage, lawsuit or claim based on the allegation that content posted by you caused damage to a third party. Your indemnity obligation includes, but is not limited to, any third party claim against the Released Parties for liability for any actual and alleged losses, damages, or other liability caused by or related to you. Your indemnification obligation will survive the termination of these Terms of Use and your use of the Website and any membership or community areas, groups, forums, social media pages and accounts, and other pages and platforms associated with the Website and any Products and Services provided or described thereon.
DMCA Notices. If you believe that any of your work or content has been copied, displayed, used, reproduced, or posted on the Website or any community or membership area or affiliated forum, page or third party platform, without your consent, and in a way that constitutes copyright infringement, please provide us with the following written information in accordance with the Digital Millennium Copyright Act (the “DMCA”):
A signature (electronic or physical) of the person authorized to act on behalf of the owner of the copyright;
A precise description of the copyrighted work that is the subject of the alleged violation;
A description of where the infringing material is located on the Website or any community/membership area;
A written statement by you in which you attest that you have a good-faith belief that use complained of is not authorized by the owner of the copyright or under the law;
Your name, address, telephone number and email address; and
A written statement in which you attest, under penalty of perjury, that you are the copyright owner or are authorized to act on the copyright owner’s behalf, and that the information provided in your DMCA notice is true and accurate.
All DMCA notices must have “DMCA Notice” as the subject line, and shall be directed to: admin@mjmediagroup.co
Privacy. Please see our Privacy Policy at https://mjmediagroup.co/privacy-policy for details regarding the manner in which We may collect, process and use personally identifiable information about you, including any information you supply or we may collect in connection with your use of the Website, including any community and member areas.
No Waiver. Any failure on Our part to insist on, or take immediate action to enforce strict compliance with, any of the terms, covenants, warranties and conditions contained in this Terms of Use, shall not be deemed a waiver of such terms, covenants, warranties and conditions, or of any similar right or power hereunder, at any subsequent time. No waiver of any term of these Terms of Use shall be deemed a further or continuing waiver of such term or any other term.
Choice of Law and Forum Selection. This Agreement shall be governed and construed in accordance with the laws of the State of Texas, excluding that State’s choice-of-law principles, and all claims relating to or arising out of this Agreement, or the breach thereof, whether sounding in contract, tort or otherwise, shall likewise be governed by the laws of the State of Texas, excluding that State’s choice-of-law principles.
With regard to those circumstances in which the Arbitration provisions of this Agreement, if any, do not exclude litigation in court, you hereby expressly consent and agree to submit to the exclusive jurisdiction and venue of a court of competent jurisdiction located in Texas.
Dispute Resolution. Should a dispute arise between you and Us, please contact our customer service team by calling 210-987-0139 or sending an e-mail to admin@mjmediagroup.co. We will do our best to arrive at a speedy and cost-efficient resolution to any dispute, to the extent of our ability. If, however, we cannot resolve the dispute via our customer service department, the following applies:
TO THE EXTENT PERMITTED UNDER APPLICABLE LAW, YOU AGREE THAT ANY CLAIM OR LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THE WEBSITE, ANY PRODUCTS OR SERVICES PURCHASED OR AVAILABLE FOR SALE THEREON, AND ANY COMMUNITY OR MEMBERSHIP ACCOUNTS ASSOCIATED THEREWITH, MUST COMMENCE WITHIN ONE (1) YEAR AFTER THE CLAIM OR CAUSE OF ACTION FORMING THE BASIS OF THE CLAIM ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED.
No Class Actions. By using the Website and associated services, you consent, acknowledge and agree that class actions, class arbitrations, mass actions, private attorney general actions, and consolidation of matters with other arbitrations are expressly prohibited under these Terms of Use. All disputes against Us must be resolved on an individual basis. You may not bring a claim or lawsuit against Us as a plaintiff or class member in a class action, consolidate action, mass action, or representative action.
Force Majeure. We will be excused from any delay or failure of performance required under these Terms of Use if caused by reason of any event, circumstance, occurrence or contingency, regardless of whether it was foreseeable, which is a) not caused by, and is not within Our reasonable control, and b) prevents Us from performing Our obligations under this Agreement. Such events may include, but are not limited to: acts of war; insurrections; fire; laws, proclamations, edicts, ordinances or regulations; strikes, lock-outs or other labor disputes; riots; explosions; and hurricanes, earthquakes, floods, and other acts of nature. Our rights and obligations shall be extended on a day-to-day basis for the time period equal to the period of such excusable interruption.
Assignment. We may assign its rights under this Terms of Use document at any time, without providing any notice to you. You may not assign your rights under this Terms of Use without Our express written consent.
Survival. All provisions that logically ought to survive termination of this Terms of Use, including but not limited to applicable Representations, Covenants, Warranties, Limitation of Liability, Indemnity, Choice of Law, Forum Selection, and Arbitration provisions, shall survive and continue to apply even after you stop using the Website and the content and services provided through same.
Severability. If any provision of this Terms of Use document is declared by any court of competent jurisdiction (or arbitrator) to be illegal, void, unenforceable or invalid for any reason under applicable law, the remaining parts of these Terms of Use shall remain in full force and effect, and shall continue to be valid and enforceable. If a court (or arbitrator) finds that an unenforceable portion of these Terms of Use may be made enforceable by limiting such provision, then such provision shall be deemed written, construed and enforced as so limited. These Terms of Use are intended to be interpreted in a manner that renders them valid, legal and enforceable, and the parties hereby expressly agree that a court of law (or arbitrator) may modify, restrict or limit the terms herein to accomplish that intent.
Headings. Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
Notices. Notices from Us to our paying members may be made via e-mail. Changes to these Terms may be posted to this URL without additional notice.
Any notice required to be given to Us under these Terms or otherwise, must be in writing, addressed to admin@mjmediagroup.co