The following Terms and Conditions (this “Agreement”) are entered into by and between You (“Client” or “You”) and JL Media, LLC 85 Ryder Road Suite 108 Maryknoll NY 10545 (“Company”, “we”, or “us”). 

 

• Scope of Agreement

The Company agrees to provide you with access to “The Nest” (the “Program”). As a condition of participating in the Program, you agree to be bound by and to abide by all policies and procedures set out in this Agreement, including those incorporated by reference.

 

• Terms of Use & Privacy Policy

The Company’s Terms of Use and Privacy Policy are hereby incorporated by reference into this Agreement. Except as modified by this Agreement, each of those agreements and policies shall apply fully to your participation in the Program. In the event of a conflict between any of those policies and this Agreement, this Agreement shall govern.

 

• Participants

This Program is intended and only suitable for individuals aged 18 and above. Some of the content in this Program may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18. 

 

• The Program 

This program provides training, lessons, and materials on how to build a successful bookkeeping business. It anticipates you will make a six (6)-month commitment to the Program to consume and work through the curriculum, which  focus on four core themes – Sales, Systems, Services, and Skills and provide a variety of trainings related to running a bookkeeping business. At our discretion, we may have specific start and end dates to the Program, release content over time, or choose a rolling admission approach. 

 

As part of the Program, the Company shall provide the following to You.

 

Access To Our Student Portal. The Company shall maintain a student portal that may include our ever-updating library of lessons, support materials, swipe files, forms, worksheets, checklists, and other information. You shall have access to the student portal as long as your payments as a member are up-to-date.

 

Q&A Calls/Sessions – As a member of the Program, you will have access to twice monthly live sessions that may involve group coaching with Justine Lackey and/or Q&A sessions or both. From time to time, an individual call or session may be canceled, or guest speaker(s) provided based upon the availability of the speakers and the specific topic being covered. The Company shall provide you with details about how to participate in the calls. 

 

Access To Exclusive Student-Only Facebook Group – The Company shall maintain a Private Group that You will have access to as a member of the Program. That Group provides a forum for You to connect with other Program participants and to seek guidance and support. Members of the Company will seek to interact with Program participants in the group, but the Company does not make any guarantees about participation by any of its employees, founders, or members in the Group. You are required to abide by any and all rules posted in that Group. If you fail to abide by those rules, you will forfeit your right to participate in that Group. In the event you lose your right to participate in the Group as a result of rules violation, you shall not receive a refund. The Company reserves the right to shut down this group at any time, for any reason, without notice to You or other members. 

 

The Company reserves the right to offer different or additional program elements from time to time, for any subgroup of participants. These additional program elements are a bonus, not a part of the services included in the base version of the Program. The selection of the participants who may participate in any additional program elements is at the sole discretion of the Company.

 

We reserve the right to make periodic updates to the Program, and you will have access to updated materials for as long as your payments as a member are up-to-date. In the rare situation where the Company, in its sole discretion, makes the difficult decision to close the Program in the middle of a  curriculum period, You will be given thirty (30) days’ notice of Program closure. Only Members who paid their membership fee in full in advance shall be entitled to a refund of the prorated portion of their membership fee. 

 

• Fees 

Because the Program elements and materials are made available to you on an ongoing basis, membership fees are earned and payable at the time of receipt. In consideration of Your access to the Program, you agree to pay the following fees. This is a six month membership, the pricing is as follows: 

 

You may choose between two payment options:

A single payment of $1,497.00 due immediately and in full, or six (6) monthly payments of $297.00 with the first payment due immediately. 

 

If you opt for monthly payments, you shall be automatically charged $297.00 every month until the 6-month membership has elapsed. 

 

Those who opt for the single payment of $1,497.00, will also be entitled to the Pricing Perfection training masterclass. This bonus will be made available to you after the refund period. This bonus is non-transferable and has no cash value if not used.

The Company reserves the right to offer special promotional pricing at its discretion. Your pricing is dependent upon your time of checkout and is available to you on the checkout page. 

 

• Payment Plan Authorization  

You hereby authorize the Company to charge your credit card or debit card automatically according to the terms set forth in the Fees section above. You must keep a current credit card on file to maintain your access to the Program. 

 

If a credit card is declined three times in a row, You will be contacted for alternate payment. You are expected to resolve a failed payment within 10 calendar days. If you do not do so, the Company shall immediately suspend your access to the Program, all Program elements, and any bonuses until payment is resolved. No delay in accessing the Program shall have any effect on the timing or amount of future payments due.

 

• Cancellation Policy 

Because You are given access to the Program, and the Program elements and materials are made available to you on an ongoing basis, you may only cancel your membership and obtain a refund by following the provisions of our Refund Policy, set forth below. 

 

Outside of the Refund Period, if You decide to cancel your participation in the Program, You will not be issued a refund for any remaining days or months of the Program after your cancellation. If You opted for a monthly payment schedule, you will have the option to accelerate and pay any remaining installments in full immediately, or maintain your monthly payment schedule until the 6-month membership has elapsed.

 

• Refund Policy 

We want You to be satisfied with your purchase, but we also know your success hinges on whether you put in the effort and the work necessary to succeed. We feel confident you will love the Program, so we do offer a limited money-back guarantee (“Refund Period”) on your purchase, but you must demonstrate that you have attempted to complete and apply the lessons. 

 

To qualify for a refund, please follow ALL these steps:

• Request your money back no later than October 4th 2024 by midnight EST by emailing our Customer Support Team at [email protected]; and
• In your email you must include the date of Your purchase, and the email and name associated with the purchase; and 
• You must demonstrate that you attempted to implement the program without success. To meet this requirement, you must:
• Watch all lessons included in the Systems Module and complete all of the worksheets and documents for each lesson
• Send your completed work to our team for review; and 
• Tell us why this course was not a good fit for you and your business needs. What did you expect that you did not get once inside the program?

 

We will NOT provide refunds for any request that is submitted after October 4th, 2024. After the Refund Period, all payments are non-refundable, and you are responsible for full payment of the fees for the program regardless of whether you complete the program.

 

Upon determining that you are entitled to a refund pursuant to this policy, the Company will promptly issue an instruction to its payment processor to issue the refund. The Company does not control its payment processor and will not be able to expedite any refunds.

 

Because there is extensive time, effort, preparation and care that goes into creating and/or providing my Programs, products, services and materials and because you have the ability to download and keep forever the materials available in Module 1, all refunds are less a $100 materials fee. 

 

• Termination And Access Restriction

The Company reserves the right to terminate Your access to the Program and the related services or any portion thereof in the event of your non-payment. In addition, the Company reserves the right, in its sole discretion, to terminate your access to the Program and the related services or any portion thereof at any time, if You become disruptive to the Company or other Program participants, if You fail to follow the Program guidelines, or if You otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.

 

• Ownership Of All Intellectual Property 

All content included as part of the Program, such as text, graphics, logos, images, as well as the compilation thereof, and any software used in the Program, is the property of the Company or its suppliers or third-party instructors, and is protected by copyright and other laws that protect intellectual property and proprietary rights. 

 

The Company name, the Company logo, the Company slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans in the Program are the trademarks of their respective owners.

 

Your participation in the Program does not result in a transfer of any intellectual property to You, and, as a condition of participation in the Program, You agree to observe and abide by all copyright and other intellectual property protection. 

 

You are granted a single-use, non-exclusive, non-transferable, revocable license to access and use the Program content and resources. You hereby agree that You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Program. 

 

The Company content is not for resale. Your participation in the Program does not entitle you to make any unauthorized use of any protected content, and in particular you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of the Company and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of the Company or our licensors except as expressly authorized herein.

 

You hereby agree that any infringement of the Company’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate the Company’s intellectual property rights, your access to the Program will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees.

 

• Confidentiality

The Company respects the privacy of its clients and will not disclose any information You provide except as set forth in this Agreement. As a condition of participating in the Program, you hereby agree to respect the privacy of other Program participants and to respect the Company’s confidential information. 

 

Specifically, you shall not share any information provided by other Program participants outside of the bounds of the Program unless you receive express written permission from such other participants to share the information. Similarly, the content of the Program contains the Company’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided to You in the Program with anyone other than the Company, its owners and employees, and other Program participants. 

 

The Company assumes no responsibility for actions of its members regarding confidentiality inside or outside of the program. 

 

• Materials Provided By You During The Program 

The Company does not claim ownership of the information or materials You may provide during the Program (including feedback and suggestions) or post, upload, input, or submit to any Website or our associated services (collectively “Submissions”). 

 

However, by posting, uploading, inputting, providing, or submitting your Submission you are granting the Company, our affiliated companies, and necessary sub-licensees permission to use your Submission in connection with the operation of their Internet businesses including, without limitation, the rights to: copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, and reformat your Submission; and to publish your name in connection with your Submission.

 

By posting your Submissions, you grant the Company the right, without compensation to you, to include your Submissions – including any audio or video recordings of You participating in any sessions as part of the Program – in the Program materials and content going forward. 

 

No compensation will be paid with respect to the use of your Submission, as provided herein. The Company is under no obligation to post or use any Submission you may provide and may remove any Submission at any time in the Company’s sole discretion.

 

By posting, uploading, inputting, providing, or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input, or submit the Submissions.

 

• Personal Responsibility 

By participating in the Program, you accept personal responsibility for the results of your actions. You agree that the Company has not made any guarantees about the results of taking any action, whether recommended in the Program or not. The Company provides educational and informational resources that are intended to help participants in the Program succeed in running a bookkeeping company. You nevertheless recognize that your ultimate success or failure will be the result of your own efforts, your particular situation, and innumerable other circumstances beyond the control and/or knowledge of the Company.

 

You also recognize that prior results do not guarantee a similar outcome.  Thus, the results obtained by others - whether clients of the Company or otherwise - applying the principles included in the Program are no guarantee that you or any other person or entity will be able to obtain similar results.

 

You agree to take full responsibility for any harm or damage you suffer as a result of the use, or non-use, of the information available in the Program. You agree to use judgment and conduct due diligence before taking any actions or implementing any plans or policy suggested or recommended in the Program.

 

• Earnings Disclaimers

Every reasonable effort has been made to accurately represent our programs and the educational value they provide. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by Facebook, nor have they been reviewed, tested or certified by Facebook.

 

However, there is no guarantee that you will earn any money using the techniques and ideas in these materials. When we present revenue and sales figures on our website and our other channels, we are showcasing exceptional results, which do not reflect the average experience.

 

You should not rely on any revenue, sales, or earnings information we present as any kind of promise, guarantee, or expectation of any level of success or earnings. Your results will be determined by a number of factors over which we have no control, such as your financial condition, experiences, skills, level of effort, education, and changes within the market. Running a bookkeeping business carries risks, and your use of any information contained on this website is at your own risk. Subject to our Refund Policy, we provide content without any express or implied warranties.

 

By continuing to use our site and access our content, you agree that we are not responsible for any decision you may make regarding any information presented or as a result of purchasing any of our products or services. Any claims made of actual earnings or examples of actual results can be verified upon request.

 

If you do not understand or agree with any of these conditions, please do not order this material. If you require further clarification, please contact our Customer Support Team at [email protected].

 

• Nature of The Relationship  

Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. The Company is agreeing only to provide You with access to the Program, which provides education and information. The information contained in the Program, including any interactions with the instructors, is not intended as, and shall not be understood or construed as, professional advice.

 

• No Warranties

The Company makes no warranties regarding the performance or operation of the Program, including any technological aspects of the program. The Company further makes no representations or warranties of any kind, express or implied, as to the information, contents, materials, documents, programs, products, books, or services included in or through the Program. To the fullest extent permissible under the law, the Company disclaims all warranties, express or implied, including implied warranties of merchantability and fitness for a particular purpose. 

 

• Limitation of Liability

You agree to absolve and do hereby absolve the Company of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Program and/or any information and resources contained in the Program. You agree that the Company shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Program.

 

The information, software, products, and service included or available through the Program may include inaccuracies or typographical errors. Changes are periodically added to the information in the Program. The Company and/or its suppliers may make improvements and/or changes in the Program at any time. 

 

The Company and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Program for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. The Company and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement. 

 

To the maximum extent permitted by applicable law, in no event shall the Company and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Program, with the delay or inability to use the Program or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Program, or otherwise arising out of the use of the Program, whether based on contract, tort, negligence, strict liability, or otherwise, even if the Company or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to You. If you are dissatisfied with the Program or any portion of it, your sole and exclusive remedy is to discontinue using the Program.

 

• Resolving Disputes 

This Agreement shall be governed by the laws of the State of New York. You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to the Program. 

 

To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in White Plains, New York. Arbitration shall be conducted in accordance with the Commercial Arbitration Rules of the American Arbitration Association (“AAA”) then in effect, before one arbitrator. The sole place of arbitration shall be New York, New York. or, if all parties agree, may be conducted online. The arbitrator shall not award punitive or exemplary damages]. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against the Company. To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration.

 

• Indemnification

You agree to indemnify, defend, and hold harmless the Company, its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Program and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. The Company reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with the Company in asserting any available defenses.

 

• Assignment

You may not assign this Agreement without express written consent of the Company.

 

• Modification 

Company may modify terms of this agreement at any time. All modifications shall be posted on the [justinelackey.com] website and purchasers shall be notified.

 

• Severability 

If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

 

• Waiver

 No waiver by any Party of any of the provisions of this Agreement shall be effective unless explicitly set forth in writing and signed by the Party so waiving. Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement shall operate or be construed as a waiver thereof, nor shall any single or partial exercise of any right, remedy, power, or privilege hereunder preclude any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

 

• Force Majeure

The Company shall not be liable or responsible to You, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in fulfilling or performing any term of this Agreement when and to the extent such failure or delay is caused by or results from acts or circumstances beyond the reasonable control of the Company including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party's workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

 

• Entire Agreement

This Agreement, along with the Company’s Terms of Use and Privacy Policy, constitutes the entire agreement between You and the Company with respect to the Program, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between You and the Company with respect to the Program. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. 

 

• Effective Date

This Agreement shall commence and be enforceable with respect to each Program participant upon the date that the participant initially registers for the Program.