Terms of Service
This Agreement (the “Terms”) is between Jeremy McGilvrey LLC (“Company,” “we,” “us,” or “our”) and the person or entity (“you” or “Client”) accessing https://www.jeremymcgilvrey.com (the “Site”) and any content, reports, documents, products, and online services we make available (collectively, the “Services”). By accessing the Site or using the Services, you agree to these Terms. If you do not agree, do not use the Site or Services.
1. Agreement Acceptance and Business Use
You represent that you have read, understood, and agree to be bound by these Terms, that you are at least 18 years old, and that you are acquiring the Services for business purposes and not for personal, family, or household use. If you access the Services on behalf of a business, you have authority to bind that business, and “you” refers to that business.
2. Amendments
We may revise these Terms from time to time. Changes take effect when posted on the Site unless a later date is stated. Your continued use after changes take effect constitutes acceptance. If you do not agree to changes, stop using the Services.
3. Accounts, Passwords, and Security
To use certain features you may need an account. Provide accurate, current information and keep it updated. You are responsible for all activity under your account and for safeguarding your credentials. Notify us of unauthorized use at [email protected].
4. Fees and Billing
Some features require payment of fees in U.S. Dollars unless stated otherwise. By providing a payment method, you represent that you are authorized to use it and that the information is accurate. Accounts are billed in advance. You are responsible for applicable taxes and charges.
5. Delivery and Acceptance
Definition of Delivery. “Delivery” means our first presentation of the completed website and or sales funnel in a live or staging environment, or via screen-share demonstration.
Approval Confirmation. Your verbal or written approval during Delivery – including verbal approval captured on a recorded video call, a written “approve or approved or love it” message, clicking an “Approve” button, publishing the site, placing paid traffic through the funnel, or paying a final invoice after Delivery – constitutes final acceptance of the deliverables.
Effect of Acceptance. Upon Approval Confirmation, the project is accepted and complete for purposes of our refund guarantee, and the refund guarantee described in Section 6 is fully satisfied and extinguished. Any subsequent requests are treated as enhancements or change orders and billed at our then-current rates.
Recording Acknowledgment. You consent to our recording of the Delivery session solely to memorialize Approval Confirmation and for quality control, and to our retaining that recording as evidence of acceptance. If you prefer not to be recorded, you must provide written Approval Confirmation immediately following Delivery.
Precedence. If any promotional material appears inconsistent with these Terms, this Delivery and Acceptance section controls the operation and endpoint of the refund guarantee.
6. Refund Policy – Contractual Summary
We offer a money-back guarantee for eligible projects. To avoid ambiguity, the following governs:
When the refund applies. The guarantee applies only if you do not approve at Delivery. If you decline to approve at Delivery, you may request a refund as described below.
How to request. State on the Delivery call that you do not approve, or email [email protected] with your order number before any Approval Confirmation occurs under Section 5.
Scope and timing. Approved refunds are issued to the original payment method within 10 business days. Upon refund, we may disable access to the deliverables and related assets, and you agree to cease all use of the refunded deliverables.
No results warranty. Except for the express refund promise above, no other warranties or guarantees of outcomes are provided – see Sections 10 and 11.
For clarity, once Approval Confirmation occurs under Section 5, the refund guarantee is satisfied and no further refunds are available.
7. Provision of the Services
We may modify, suspend, or discontinue any aspect of the Services at any time. If we disable access for non-payment or material breach, you may be prevented from accessing the Services, your account details, or content in your account.
8. License and Use Restrictions
We grant you a limited, non-exclusive, non-transferable, personal, non-sublicensable license to use the Site and Services subject to these Terms. You will not reproduce, duplicate, copy, sell, trade, resell, reverse engineer, or create derivative works from the Services. Do not remove or alter copyright, trademark, or proprietary notices.
9. Third-Party Content and External Sites
The Services may use or display data and content from third-party sources. We do not verify third-party data or content and make no warranties regarding it. Access may be restricted by third parties. The Site may link to external sites; we are not responsible for their content or availability. You assume all risk from reliance on the Services or third-party content.
10. No Earnings, ROI, or Results Guarantee
No earnings or ROI promise. We do not promise or guarantee any specific financial or commercial outcome – including revenue, profit, ROI, conversion rate, lead volume, traffic, rankings, close rate, or business valuation. Past results, testimonials, and case studies reflect specific client experiences and are not typical or predictive of your results.
Independent variables outside our control. Outcomes depend on numerous factors outside our control, including offer quality, pricing, ad spend and targeting, list quality, sales process, market demand, competitive activity, seasonality, economic conditions, platform and algorithm changes, CRM or data accuracy, and your internal execution. You are solely responsible for these variables and their effects.
No professional advice. Our Services are not legal, tax, accounting, financial, or investment advice. You should consult qualified professionals for those matters. You are responsible for compliance with all applicable laws and platform policies.
Non-reliance. In purchasing or using the Services, you acknowledge that you are not relying on any statement, promise, forecast, or representation about results or earnings that is not expressly set out in a signed order or these Terms. You have conducted your own due diligence and rely on your own judgment.
11. Disclaimer of Warranties
To the maximum extent permitted by law, the Services and all deliverables are provided as is and as available. We disclaim all warranties, express or implied, including any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranties arising out of course of dealing or usage of trade.
12. Testimonials and Endorsements
Testimonials, case studies, and endorsements reflect real-world experiences of specific clients but are not intended to represent or guarantee that current or future clients will achieve the same or similar results. If a testimonial provider received a discount, free access, or other consideration, we disclose that where the testimonial appears.
13. Confidentiality
Each party may receive non-public information marked or reasonably understood as confidential. The receiving party will use it solely to perform under these Terms, protect it using reasonable measures, and not disclose it except to personnel with a need to know who are bound by confidentiality obligations. This section does not apply to information that is public without breach, received from a third party without duty, independently developed, or required to be disclosed by law with reasonable notice.
14. Indemnification
You will defend, indemnify, and hold harmless Jeremy McGilvrey LLC and our members, managers, employees, and contractors from and against claims, losses, liabilities, damages, costs, and expenses including reasonable attorneys’ fees arising out of or relating to your use of the Services, your content, your violation of these Terms, or your violation of law or third-party rights.
15. Limitation of Liability and Exclusive Remedies
To the maximum extent permitted by law, our aggregate liability arising out of or related to the Services will not exceed the fees actually paid by you for the Services giving rise to the claim in the twelve 12 months preceding the event first giving rise to liability. In no event will we be liable for any lost profits, lost revenue, loss of data, or any consequential, incidental, special, exemplary, or punitive damages, even if advised of the possibility. The foregoing limits apply regardless of the form of action and even if a remedy fails of its essential purpose. Your exclusive remedies are stated in Sections 5 and 6.
16. Corporate Status and No Personal Liability
You acknowledge the Services are provided by Jeremy McGilvrey LLC, a limited liability company, and agree there is no personal liability of the Company’s members, managers, employees, or contractors for obligations of the Company.
17. Electronic Communications, E-Sign, and Consent to Recording
You consent to receive communications from us electronically and agree that electronic communications satisfy legal requirements for written communications. You agree that click-throughs, checkboxes, typed names, and similar actions constitute your electronic signature. You further consent to the Delivery recording described in Section 5.
18. Dispute Resolution – Class Action Waiver – Limitations Period – Mass-Filing Protocol – Governing Law – Opt-Out
Informal resolution. Before filing any claim, email [email protected] and attempt to resolve the dispute informally within 30 days.
Arbitration. If not resolved, any dispute, claim, or controversy arising out of or relating to these Terms or the Services will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules. Arbitration will take place in Harris County, Texas, in English, before a single arbitrator. Judgment on the award may be entered in any court with jurisdiction.
Mass-filing protocol. If 25 or more substantially similar demands are filed by or with the same counsel or coordinating entity, the parties will select 5 cases to proceed in a first bellwether set and all others are stayed. After awards or settlements in the bellwether set, the parties will mediate and, if needed, proceed in successive batches of 5 until all are resolved. Filing fees and arbitrator compensation for stayed cases are not due until each batch is activated. Any applicable limitations periods are tolled from initial filing.
Small-claims carve-out. Either party may bring an individual action in small-claims court in Harris County, Texas, for disputes within that court’s jurisdiction.
Class and representative action waiver. Proceedings will be conducted only on an individual basis, not in a class, consolidated, or representative action.
Confidentiality. To the maximum extent permitted by law, arbitration proceedings and awards are confidential.
Frivolous claims and fees. If the arbitrator determines a claim is frivolous or brought for an improper purpose, the arbitrator may award the prevailing party reasonable attorneys’ fees and costs, to the fullest extent permitted by law.
Limitations period. Any claim arising out of or relating to the Services must be filed within one 1 year after the claim accrues or it is permanently barred, to the fullest extent permitted by law.
Equitable relief. Either party may seek temporary or preliminary injunctive relief in court to protect intellectual property or confidential information, pending arbitration.
Governing law and venue. These Terms are governed by the laws of the State of Texas, without regard to conflict of laws rules. Subject to arbitration, the exclusive venue for any permitted court action is the state or federal courts located in Harris County, Texas, and you consent to personal jurisdiction there.
Opt-out. You may opt out of arbitration by emailing [email protected] within 30 days of first accepting these Terms.
19. Intellectual Property and Proprietary Rights
The Site and Services, including text, graphics, logos, images, data compilations, and software, are owned by Jeremy McGilvrey LLC or our licensors and protected by intellectual property laws. Third-party marks are the property of their respective owners. Some information may be designated confidential; you agree not to disclose such information without our prior written consent.
20. Order of Precedence
If there is any conflict among these Terms, a signed order or SOW, and any policy referenced herein, the order of precedence is: 1 the signed order or SOW, 2 these Terms, 3 the referenced policy.
21. Privacy
Our Privacy Policy is available on the Site and describes how we collect, use, and disclose information.
22. Force Majeure
We are not liable for delay or failure to perform due to events beyond our reasonable control, including acts of God, labor disputes, internet failures, third-party platform changes, or governmental actions.
23. Assignment
You may not assign or transfer these Terms without our prior written consent. We may assign our rights and obligations under these Terms in connection with a merger, acquisition, corporate reorganization, or sale of assets.
24. Survival
Sections 5 through 7, 9 through 19, 21 through 24 survive termination.
25. Severability, Waiver, and Entire Agreement
If any provision is held unenforceable, it will be modified only to the minimum extent necessary to make it enforceable; the rest remains in effect. No waiver is a continuing waiver unless stated in writing. These Terms, plus any signed order and policies referenced herein, constitute the entire agreement and supersede all prior or contemporaneous communications.
26. Notices and Contact
Official notices to us must be sent to [email protected] and to the physical mailing address listed on the Site’s Contact or Privacy page. We may provide notices to you via the email associated with your account or by posting on the Site.
Terms of Service updated March 11, 2024.
