Terms & Conditions for JGS Site
Welcome to www.jgsinternational.com (the “Site”). This Site is owned and operated by (“JGS International Consulting (JGS) and Julianna Garibay-Sparacio,”) (“us”, “we”, “Me” or “our”). By accessing or using this Site, or by engaging in or purchasing any of our Services (defined below) you are agreeing to be bound by the terms and conditions set forth herein (the “Agreement”). Any visitor of this Site or individual who engages the Services may be referred to as “you”, “your”, “User” or “Customer”. This Agreement shall constitute a binding Agreement between you and us.
AGREEMENT
1. The Site. The Site shall include any information or services made available by us, regardless of the medium, and shall include, without limitation any affiliated Site, mobile applications, videos, products and applications we make available. We reserve the right at any time, and from time to time, to modify, suspend or discontinue (temporarily or permanently) the Site, or any part of the Site, with or without notice.
2. Lawful Site Use. By accessing and using the Site and its features, you represent and warrant that (a) all information you submit is truthful and accurate; (b) you will maintain the accuracy of such information; (c) your use of the Site and its features does not violate any applicable law, rule or regulation.
3. Services. All products and services offered on our Site, including but not limited to educational services, professional mentorship, speaking engagements, (virtual and in-person), and any other services or products offered on the Site (collectively "Services") are subject to these terms and conditions of this Agreement and the specifications as listed on our Site at the time of purchase. Requested Services will be subject to this Agreement until Services are rendered.
4. Your Information. Personal information is information about an identifiable individual, such as your name, address, telephone number, email address, or payment information (“Personal Information”). We collect Personal Information when you voluntarily provide it through the Site, or when you provide it to us through other means or while engaging or paying for Services. You represent and warrant you will only provide us with true, accurate, current and complete information if you fill out the Contact Us form. If we believe or suspect that your Personal Information is not true, accurate, current or complete, or suspect fraudulent use of the Site via any automated tools or otherwise, we may deny or terminate your access to the Site or Services (or any portion thereof).
We will only use the Personal Information that we collect to conduct our business and to offer you the best possible products, services, and experiences, including (i) to provide you with information about our products, and services (ii) to provide you with notices about additional products and services, (iii) to carry out our obligations and enforce our rights arising from any contracts entered into between you and us, including for billing and collection, (iv) to notify you about changes to our Site or any Services we offer or provide through it. Your Personal Information will not be shared with any third parties unless it serves one of the aforementioned purposes.
5. Intellectual Property. To honor and protect our intellectual property, you agree not to disclose, reproduce or distribute our written materials, techniques or methods to any third party without our prior written consent. You understand that our written and recorded materials are protected by United States intellectual property laws, and you agree not to copy, reproduce or distribute any such materials or content for any reason without our prior written consent.
6. Limitation of Liability. IN NO EVENT SHALL WE BE LIABLE TO YOU OR ANY THIRD PARTY FOR CONSEQUENTIAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR ENHANCED DAMAGES, LOST PROFITS OR REVENUES OR DIMINUTION IN VALUE, ARISING OUT OF, OR RELATING TO, AND/OR IN CONNECTION WITH ANY BREACH OF THIS AGREEMENT, REGARDLESS OF (A) WHETHER SUCH DAMAGES WERE FORESEEABLE, (B) WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND (C) THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT OR OTHERWISE) UPON WHICH THE CLAIM IS BASED. OUR SOLE AND ENTIRE MAXIMUM LIABILITY, FOR ANY REASON, AND YOUR SOLE AND EXCLUSIVE REMEDY FOR ANY CAUSE WHATSOEVER, SHALL BE LIMITED TO THE ACTUAL AMOUNT PAID BY YOU FOR THE SERVICES YOU PURCHASED FROM US.
7. Agreement Not to Sue; Indemnity. You covenant and agree that (i) you will not institute or attempt to institute any legal action, arbitration, demand or proceeding against JGS International Consulting (JGS) (owned by Julianna Garibay-Sparacio), Julianna Garibay-Sparacio, or any Released Parties for any Released Claim, (ii) you will indemnify, defend and hold harmless Released Parties from and against any losses, claims, liabilities, expenses or damages, including attorneys’ fees and costs, incurred in connection with the defense of any Released Claim or any other breach of your obligations under this Agreement, (iii) you will indemnify, defend and hold harmless Released Parties for any and all claims or demands, including reasonable attorney's fees, that arise from or otherwise relate to use of the Services, this Site and related materials, and (iv) your violation of this Agreement or the rights of another. For purposes of this Agreement, “Released Claims” mean any and all claims, demands, losses, liabilities, damages and causes of action, for injury and any other liability of any kind, of or to you, your property, or any other person, directly or indirectly arising out of or in connection with your participation in the Services or use of this Site, whether such claims arise from negligence, breach of any duty imposed by law, mistake or error in judgment, or from any other cause, and whether such claims are known or unknown, or suspected or unsuspected.
8. Force Majeure. JGS International Consulting (JGS) or Julianna Garibay-Sparacio shall not be liable or responsible for, nor be deemed to have defaulted under or breached this Agreement, for any failure, interruption, adaptation in format or scheduling, or delay in fulfilling or performing any term of this Agreement or the Services, including any booked appointments for services, etc., when and to the extent such failure, interruption, adaptation in format or scheduling, or delay is caused by or results from the following force majeure events (“Force Majeure Events”): (a) acts of God; (b) flood, fire, earthquake or explosion; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest; (d) government order or law; (e) pandemic; (f) action by any governmental authority; (g) national or regional emergency; (h) travel restrictions; (i) shortage of adequate power or transportation facilities; and (j) other events beyond the reasonable control of JGS International Consulting (JGS) and Julianna Garibay-Sparacio. Julianna Garibay-Sparacio & JGS shall give notice as soon as reasonably possible to all of Participants or the Virtual Host or the person of contact of the occurrence of a Force Majeure Event. Julianna Garibay-Sparacio and JGS shall use diligent efforts to end the failure, interruption, or delay and ensure the effects of such Force Majeure Event are minimized. Julianna Garibay-Sparacio and JGS shall resume or reschedule any events and obligations as soon as reasonably practicable after the removal of the cause.
9. Non-Disparagement. You agree you will not make any disparaging statements or representations, either directly or indirectly, whether orally or in writing, by word or gesture, to any person whatsoever, about JGS International Consulting (JGS), Julianna Garibay-Sparacio or its management, employees, independent contractors, agents, or representatives, which includes any public review or post on any social media platforms and internet searches.
10. Dispute Resolution. In the unlikely event of a dispute arising from or relating to the Services or this Agreement, the dispute shall be settled by binding arbitration in North Carolina, which will occur via telephone by an arbitrator that is mutually approved by the parties. The costs of the arbitration will be shared equally by the parties; provided, that the prevailing party will be entitled to reimbursement by the other party of its reasonable costs and expenses incurred therein, including its reasonable attorneys’ fees and costs.
11. Choice of Law. This Agreement shall be governed by the laws of the State of North Carolina without regard to its conflicts of law provisions. If any provision of this Agreement is held to be invalid or unenforceable, such provision shall be fully severable, and this Agreement shall be construed and enforced as if such provision had never comprised a part of this Agreement.
12. Changes to Agreement. We reserve the right, in our sole discretion, to change the terms set forth in this Agreement. We may amend or terminate this Agreement at any time. If we amend or terminate this Agreement, such amendment or termination shall be the revised Agreement on this Site and such revised Agreement will be effective at the date we post them on the Site. Each time you use the Site, you should visit and review the then current Agreement. Your continued use of the Site and/or Services after we have posted a revised Agreement signifies your acceptance of such revised Agreement. If you are dissatisfied with the Site, its content or the Agreement (including as modified), you agree that your sole and exclusive remedy is to discontinue using the Site. This Agreement is the entire agreement between you and us with respect to your use of the Site and Services.