THE JAVA METHOD TERMS OF SERVICE

Thank you for purchasing The Java Method (“Membership”). All sales are final for this Membership. By clicking “Buy Now” (or any other phrase on the purchase button), entering your payment information, or otherwise completing the Membership check-out, you ("Customer") are executing a legally binding agreement. Through rendering initial payment, Customer understands that they will be charged the full amount of either the payment plan or pay-in-full price, whatever Customer selects upon checkout. Customer agrees to the following terms and conditions of this Agreement (“Agreement”) in their entirety:

1. INTRODUCTION

Jennifer Diaz/The Java Method (“Company”) is a company that provides membership, group coaching, and resources to support women in reaching their fullest potential. Company has created The Java Method ("Membership") to educate Customer on how to reframe their limiting beliefs and unconscious mindset blocks to uncover what it takes to live their most authentic life. The Membership is a program that includes live calls, pre-recorded videos, meditations, visualizations, and a private, moderated community.

2. TERM

This Term of this Agreement shall be one year from the date of initial purchase, with the exception of Sections 8, 9, and 10 which shall survive the Term of this Agreement.

3. DISCLAIMERS

For the purposes of this Agreement, the Company is not a doctor, nurse practitioner, board-certified physician, psychiatrist, psychologist, therapist, hypnotherapist, state-licensed mental healthcare provider, employee, manager, physical therapist, or other licensed health care provider. Customer understands that the Membership has been designed by Company for general educational and informational purposes only, with the goal of providing Customer with the skills to improve their mindset and connect more deeply with themselves and others. Through the Membership, the Company might provide guidance regarding mindset practices and relationships, but it is ultimately the responsibility of the Customer (and only the Customer) to make the final decision for his/herself. By using Company’s services and purchasing this Membership, Customer accepts any and all risks, foreseeable or unforeseeable, arising from such a transaction. Customer agrees that Company will not be held liable for any damages of any kind resulting from or arising from the use or misuse of the Membership. Customer agrees that the use of this Membership is at the user’s own risk.

Customer also understands that the Product is not a substitute for medical and/or other health care. Customer hereby understands and agrees that Company is not “diagnosing” or “treating” the physical body, which falls under the jurisdiction and expertise of licensed medical healthcare providers. Customer also understands that “mindset practices” as it relates to the Membership is different as it relates to medical or physical needs. Customer hereby acknowledges and agrees that they shall consult their health care provider and discuss any recommendations made by Company. From time to time, it is possible that energy that is relieved or moved as a result of the Membership may present itself in physical and/or emotional manners. Customer also agrees to immediately inform their health care provider of any illness, pain, or other mental distress and/or physical discomfort that occurs during or after Customer’s participation in the Membership.

This Membership does not include: 1) therapy sessions in the form of psychotherapy, psychoanalysis, or behavioral therapy; 2) physical or medical healing techniques of any kind; 3) mental health diagnosis or trauma care; 4) 1-on-1 sessions; 5) unlimited feedback, emailing, or direct-messaging with Jennifer Diaz.

Customer hereby acknowledges that Customer is solely responsible for the amount and/or type of results that Customer generates by implementing techniques and advice provided by Membership. Customer also acknowledges that the Company cannot and does not guarantee that implementation of the Membership will provide Customer with mental, emotional, or physical healing, or healthy relationships. Customer also agrees that he/she is solely responsible for any personal decision that Customer makes during or as a result of Customer’s use of the Membership, and indemnifies Company from any liability regarding the said decision.

4. PROGRAM SPECIFICS

The Membership includes a minimum of 6 modules, which include one live call per module, pre-recorded videos, meditations, visualizations, and a private, moderated community.

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

5. CUSTOMER’S RESPONSIBILITIES

The Membership has been developed for educational purposes only. The Company has established its proprietary Membership in order to educate and inspire Customer to pursue his/her personal goals. However, Customer hereby acknowledges that Company does not guarantee Customer’s goals, whatever the goals may be, will be reached by completing and implementing the advice and techniques in the Membership. Customer accepts and agrees that Customer is 100% responsible for his/her results from the Membership. 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 Membership or using the Membership.

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

Completion of all Membership material including attentively attending all live calls or watching the replays, consistently engaging within the private community, and utilizing all meditations, visualizations, and guidance.
Taking 100% responsibility for Customer’s results, 100% of the time.

6. PAYMENT & FEES

Customer has three payment options to purchase the Membership, both of which are presented at checkout and outlined below: A) a one-time annual fee, due in-full before Customer may access the Membership; B) a one-time quarterly fee, due in-full before the Customer may access the Membership; C) a monthly fee (6-month minimum commitment required), due in-full before the Customer may access the Membership . Upon executing this Agreement, Customer agrees to pay the Company the full purchase amount for the Membership (6-month minimum engagement), regardless of what payment option Customer selects at checkout.

A partial payment of one installment of the payment plan shall be treated as a commitment to pay the entire fee for the Membership. By submitting a partial payment, Customer understands that he/she is contractually bound to make all payments in the timeline outlined at checkout, which shall be billed to Customer automatically. Failure to make all payments due under the payment plan shall result in Customer’s breach of this contract and in Customer’s termination of access to the Membership.

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 Membership. (e) The Customer shall not threaten or make any chargebacks to the Company’s account or cancel the credit card that is provided as security without the Company’s prior written consent. 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, Company reserves the right to report the incident to credit reporting agencies as a delinquent account.

Company is committed to providing quality service to Customer. However, from time to time, situations arise that require the Company to terminate the Agreement before the Term ends. As such, Company reserves the right to terminate the Agreement “for cause” at any time during the Agreement, which includes, but is not limited to, the following causes: 1) Customer is abusive or harasses Company or other members of Membership; 2) Customer refuses to pay or does not pay within the schedule outlined in Section 6; 3) for any other legitimate business purposes in the best interest of Company. If any of the following causes trigger Company to terminate the Agreement, Customer is still liable to pay the entire cost of the Agreement.

Customer hereby agrees to pay in accordance with one of the following plans:

A. ANNUAL RECURRING FEE:
One (1) payment of four hundred eighty Dollars ($480.00 USD), which is due immediately upon signing and execution of this Agreement. The Membership shall not be distributed for Customer’s access until and unless full payment is rendered; or

B. QUARTERLY RECURRING FEE
Quarterly payments of one hundred thirty five US Dollars ($135.00 USD), which shall be paid in accordance with the schedule below in order to avoid late fees;
The first payment of $135.00 is due immediately upon signing and executing this Agreement;
The second payment of $135.00 is due within thirty (90) days of the Start Date of this Agreement, which shall be billed automatically to Customer.
There is a 6-month minimum commitment and payments will recur automatically thereafter.

C. MONTHLY RECURRING FEE
Monthly payments of fifty US Dollars ($50.00 USD), which shall be paid in accordance with the schedule below in order to avoid late fees;
The first payment of $50.00 is due immediately upon signing and executing this Agreement;
The second payment of $50.00 is due within thirty (30) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
The third payment of $50.00 is due within thirty (60) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
The fourth payment of $50.00 is due within thirty (90) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
The fifth payment of $50.00 is due within thirty (120) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
The sixth payment of $50.00 is due within thirty (150) days of the Start Date of this Agreement, which shall be billed automatically to Customer;
Customer authorizes Company 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.
Late Fees – Company understands that, from time to time, there are issues with payment. All payments must be received by Company within ten (10) days of the due date for that installment. Any payments not received within 10 days of their due date shall be subject to a late fee of $25.00 USD. Any payments not received within 15 days of their due date will result in Customer’s breach of this Agreement and may result in termination of Customer’s access to the Membership.
There is a 6-month minimum commitment and payments will recur automatically thereafter.


7. REFUND POLICY

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

8. NON-DISCLOSURE & CONFIDENTIALITY

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

“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 Membership or Company’s business practices.

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

9. INTELLECTUAL PROPERTY & LIMITED LICENSE

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

Limited License - Company 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 Company to the Customer, nor grant any right or license other than those stated in this Agreement. Customer acknowledges that his/her purchase of this Membership 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 Membership 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 Company’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 Company and passing it off as Customer’s own;
Copying any of Company’s Membership 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 Company in either whole or part without prior written consent.

10. INDEMNIFICATION / LIMITATION OF LIABILITY

Customer hereby acknowledges that Company is not liable for any injuries that may arise from Customer’s actions, omissions, or decisions based off Customer’s use of this Membership, 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 Company of any claims that may arise after use of this Membership.

Access to this Membership is currently through third-party platforms including Squarespace and Google Drive. Company is not liable for any limitation of access to the Membership caused by Squarespace and/or Google Drive.

11. 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 - Company is located in the United States and is subject to the applicable laws governing the United States. The governing law for this agreement is the laws of California.
F. Arbitration - Any disputes arising under this Agreement shall first be resolved through a binding arbitration.
G. Execution - Customer agrees to accept the above Agreement in its entirety when Customer selects and confirms “I agree to the Terms &
Conditions” at the Membership checkout page and by rendering the first payment.