Terms of Service 

JAY JAY GHATT COURSES

Thank you for purchasing A JAY JAY gHAT(“Product”). All sales are final for this course. By clicking “Buy Now,” “Complete Order,” or any other phrase on the purchase button, entering your credit card information, or otherwise rendering payment (either in-full or partial) for the product for which these terms appear (“Product,” “Course,” and/or “Program”), you (“Client” and/or “Customer”) agree to be provided with products, programs, or services by Jay Jay Ghatt (“Owner”) in their capacity as Chief Marketing Officer and Chief Instructor of Cluster Creatives, a DigPubEd company, a (“Company”), and you are executing a legally binding agreement with the Company, subject to the following terms and conditions: 

  1. INTRODUCTION

Owner provides prospective and actual business owners with online courses and other educational materials. Owner has created the Product to teach new creators, new brands and business owners how to manage and scale their online and social media presence.  

  1. TERM & TERMINATION

This Term of this Agreement shall be one (1) year from the date of initial purchase, with the exception of Section 6 through 11, which shall survive the Term of this Agreement.

Termination – Customer dissatisfaction with Owner’s subjective teaching style, independent judgment, methods, or other techniques are not valid reasons for termination of this Agreement or request of any monies returned to Customer. Even if Customer does not complete all portions of the Course, Customer is nevertheless responsible for all payments due and owed under this Agreement by making the first payment of the Program at checkout and executing these Terms and Conditions.

  1. DISCLAIMERS

Owner  is not an employee, manager, lawyer, accountant, psychiatrist, psychologist, therapist, accountant, public relations manager, social media manager, doctor, counselor, business operations manager, financial analyst, business executive, or other agent of Customer’s business.**

Customer understands that the Program is created to help Customer learn new skills and assist Customer with finding his/her own direction. The Program may offer guidance regarding business decisions, but it is the responsibility of the Customer to make the final decision and choose the best option for themselves.    

Customer understands that the Product has been designed by Ownerfor general educational and informational purposes only, with the goal of teaching Customer new skills and providing Customer with awareness of traditional business practices. Through the Product, Owner might provide guidance regarding business decisions, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for themselves. By using Owner’s services and purchasing this Product, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Customer agrees that the Owner will not be held liable for any damages of any kind resulting or arising from the use or misuse of the Program. Customer agrees that use of this Product is at the user’s own risk.

Customer hereby acknowledges that social media and online business coaching are subjective services and Company’s methods to provide this service may change in terms of style and/or technique.Owner may use its personal judgment to provide the Program services to Customer, even if these methods do not follow strict adherence to Customer’s suggestions.  

This Product does not include: 1) individualized advice and feedback; 2) procuring business or potential Customers for Customer; 3) performing any business management services for Customer, such as accounting, operations, research, or development; 4) publicity, public relations and/or social media marketing services; 5) legal or financial advice; or  6) introduction to the Owner’s professional network and business relationships.   

Customer hereby acknowledges that Customer is solely responsible for the amount and type of income that Customer generates by implementing techniques and advice provided by Course. Customer also acknowledges that the Owner cannot and does not guarantee that implementation of the Course will provide Customer with a lucrative business. Customer also agrees that he/she is solely responsible for any decision Customer makes and indemnifies the Owner from any liability regarding said decision. 

  1. PROGRAM SPECIFICS 

The Product includes modules and may include pre-recorded videos, presentation slides, workbooks, and/or other resources.

Owner reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined exclusively by Owner.

This Product may be distributed by Jay Jay Ghatt either directly or through a third-party platform. Owner Reserves the right to substitute services equal to or comparable to the value of Product if reasonably required by the prevailing circumstances as determined by Owner Access to this Product is currently through a third-party platform, Gumroad, Teachable or WordPress.  Owner is not liable for any limitation of access to the Product caused by Kajabi. 

  1. CLIENT’S RESPONSIBILITIES

The Product has been developed for educational purposes only. Owner  has established its proprietary Product in order to educate and inspire Customer to pursue his/her goals. However, Customer hereby acknowledges that the Owner does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Product. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Product. Customer acknowledges that, as with any investment, there is an inherent risk associated. As such, Customer agrees there is no guarantee that Customer will attain his/her goals by simply [completing the Program / using the Product].

Nevertheless, Customer acknowledges that he/she can optimize her potential results from the Product by adhering to the following: 

  • Completion of all Product material, including assignments and worksheets; – if applicable
  • Thoughtful and meaningful participation in all Question & Answer sessions; – if applicable
  • Attending each coaching call at the scheduled date, on time; if applicable
  • Taking 100% responsibility for Customer’s results, 100% of the time.
  1. PAYMENT & FEES

(a) Upon execution of this Agreement, Customer agrees to pay to the Owner the full purchase amount for the Product, regardless of what payment option Customer selects at checkout. 

(b) If Customer selects a payment plan option, Customer agrees to pay all fees pursuant to the payment schedule outlined at checkout and selected by Customer. All payments must be paid before the Program end date, or else Owner reserves the right to send Customer to collections for any outstanding monies due and owed under this Agreement.

(c) Customer authorizes Owner to charge the credit card or account used at checkout to complete all payments pursuant to the payment plan Customer selected at checkout, and Customer does not require separate authorization for each payment. 

(d) If any payments fail, Customer agrees to remedy the situation immediately (ie. update Customer’s payment information, provide a new credit card, and/or make all past-due payments within 5 business days) or else Customer forfeits his/her right to access the Product. 

(e) The Customer shall not threaten or make any chargebacks to the Owner’’s account or cancel the credit card that is provided as security without the Owner’s prior written consent. Owner reserves the right to collect any and all monies owed by Customer to Owner for the Program, by any means necessary within the parameters of the law. The Customer shall pay for any fees associated with recouping payment, including but not limited to, collections fees and attorneys’ fees. In the event of a chargeback, the Owner reserves the right to report the incident to credit reporting agencies as a delinquent account. 

(f) Late Fees -Owner understands that, from time to time, there are issues with payment. All payments must be received by the Owner within five (5) days of the due date for that installment. Any payments not received within 5 days of their due date shall be subject to a late fee of $50.00 USD. Any payments not received within 10 days of their due date shall result in Customers breach of these terms and may result in removal of access to the Program. Customer shall still remain responsible to make all payments due and owing under this Agreement to Ownerin the event Customer’s access to the Program is revoked.

  1. REFUND POLICY

All sales are final for this Product. Due to the inherent nature of educational programs and the electronic transmission of the same, there are no refunds.

  1. NON-DISCLOSURE, CONFIDENTIALITY & NON-DISPARAGEMENT 

Confidential Information & Non-Disclosure – Owner takes pride in its proprietary information included in each Product. As such, Customer agrees and acknowledges all Confidential Information shared through this Product and by the Owner is confidential, proprietary, and belongs exclusively to the Owner.

“Confidential Information” includes, but is not limited to:

  • Any systems, sequences, processes or steps shared with Customer;
  • Any information disclosed in association with this Agreement;
  • Any systems, sequences, processes, or trade secrets in connection with the Product or [ Owner’s business practices.

Testimonials – Owner also agrees to protect Customer’s personally identifiable information. However, from time to time, Owner may use general statements about Customer’s success for testimonials as part of Owner ’s marketing strategy. By agreeing to these Terms, Customer agrees to the Owner sharing Customer’s success stories as testimonials in any matter across any media at the sole discretion of the Owner.

Non-Disparagement – Customer agrees, during and/or after use of Product, to refrain from making any statements, whether oral or in writing, that negatively impact Owner’s program, business, services, products, or reputation.

  1. INTELLECTUAL PROPERTY & LIMITED LICENSE

Intellectual Property – This Product and the related content shall be considered intellectual property owned byOwner. Other examples of intellectual property owned by Owner  and  within Owner’s products include, but are not limited to: trademarks, service marks, layout, logos, business names, course/program/module names, design, text, written copy, certain images, podcast recordings, workbooks, videos, audio files, and all of our paid products (collectively referred to as “Intellectual Property”). 

Limited License – Owner grants only a limited, personal, non-exclusive and non-transferable license to Customer to use the Intellectual Property for Customer’s personal and internal business use. Nothing in this Agreement shall transfer ownership of or rights to any intellectual property of the Owner to the Customer, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Product is for his/her/its single individual use. Customer shall not copy, reproduce, transmit, modify, edit, create derivative works from, alter, sell, or share with others any products or parts of the Program without prior written consent or unless provided otherwise. 

If Customer is also a business owner or professional in a similar industry, Customer shall not misappropriate any of Owner ’s Intellectual Property and proprietary information in the following manner:

  • Teaching Customer’s clients/customers/audience any of the information, methods, solutions, or formulae owned by Owner and passing it off as Customer’s own;
  • Copying any of Owner’s Product content and/or material for Customer’s commercial use;
  • Copying, publishing, transmitting, transferring, selling, creating derivative works from, reproducing, or in any way exploiting any of the Intellectual Property owned by Owner in either whole or part without prior written consent. 
  1. INDEMNIFICATION / LIMITATION OF LIABILITY

Customer hereby acknowledges thatOwner is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s [participation in this Program / use of this Product], including but not limited to: a decision to leave a job, a decision to invest in an opportunity, a decision to start a business, any of Customer’s business decisions, any of Customer’s financial decisions. Customer hereby agrees to indemnify and hold harmless Owner of any claims that may arise after use of this Product. 

Access to this Product is currently through a third-party platform,Gumroad or Teachable the [ Owner is not liable for any limitation of access to the Product caused by the Platforms. 

  1. MISCELLANEOUS

A.             Amendments – We reserve the right to amend this Agreement from time to time. Any amendments must be agreed in writing and executed by both parties.

B.             Headings & Severability – Headings are included for convenience purposes only and shall not affect the construction of this Agreement. If any portion of this Agreement is held to be unenforceable, it shall not affect the remaining portions of the Agreement, which shall remain in full effect. If any portion of this Agreement is held to be unenforceable, then the unenforceable portion shall be construed in compliance with applicable law in a light most favorable to the original intentions of the parties. If the unenforceable portion of the Agreement is found by a competent court of this jurisdiction to be contrary to law, then it shall be changed and interpreted to best reflect the original intentions of the parties, and all other provisions shall remain in full force and effect.

C.             Entire Agreement – This Agreement reflects the entire agreement between the parties. This Agreement trumps any other existing negotiations, communications or Agreements between the parties, whether written, oral, or electronic, and is the full extent of the Agreement between the parties.

D. All Rights Reserved – All rights not expressly granted in this Agreement are reserved by us. 

E.        Governing Law – Owner is located in the United States and is subject to the applicable laws governing the USA. The governing law for this agreement is the laws of  Maryland. . 

F.             Arbitration – Any disputes arising under this Agreement shall first be resolved through a binding arbitration. 

G.     Maximum Damages – Customer agrees and acknowledges that the maximum amount of damages that Customer may be entitled to in any claim arising from this Agreement or Program shall not exceed the total cost of the Program.

H. Execution – Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms & Conditions” at the Product checkout page and by rendering first payment.