Terms

Effective date: 9-1-24

Welcome to JDMann Writing Mastery (“JWM,” “we,” or “our”), operated by StoryMann LLC.

By using this website, (the “Website” or the “Site”) and other websites or domains owned by our company, you agree to be bound by these Terms of Use (this “Agreement”), including our Privacy Policy and Earnings Disclaimer (below). If you are a client in our Writing Mastery Mentorship program, you agree to be bound by the Writing Mastery Mentorship Terms.

If you wish to make use of the JWM service (the “Service”), please read this Agreement.

If you object to anything in this Agreement or our Privacy Policy, do not use the Website or the Service. This Agreement is subject to change by JWM at any time, effective upon posting on the Website. Your continued use of the Website and the Service following JWM’s posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Electronic Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Website and the Service. This Agreement may be modified by JWM from time to time, such modifications to be effective upon posting by JWM on the Website. By accessing and/or using the Website, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

1. ACCESS AND RETENTION

In order to access and retain this electronic Agreement, you must have access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records. To retain an electronic copy of this Agreement, you may save it into any word processing program.

2. ELIGIBILITY

You must be at least eighteen (18) years of age. By using the Website, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement.

3. COMMERCIAL USE OF SERVICE

If you are using the Service and/or accessing the Website on behalf of a company, entity, or organization (collectively, a “Subscribing Entity”), you represent and warrant that:

You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Use;
You have read and understand this Terms of Use; and
You agree to this Terms of Use on behalf of the Subscribing Entity.

Illegal and/or unauthorized uses of the Website include, but are not limited to, collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email, unauthorized framing of or linking to the Website, sharing or disclosing your username or password to any third party or permitting any third party to access your account, attempting to impersonate another user or person, use of the Website in any fraudulent or misleading manner, any automated use of the system, such as scraping the Website, automated scripts, spiders, robots, crawlers, data mining tools or the like, interfering with, disrupting, or creating an undue burden on the Website or the networks or services connected to the Website, and using the Website in a manner inconsistent with any and all applicable laws and regulations. Illegal and/or unauthorized use of the Website may be investigated, and appropriate legal action may be taken, including without limitation, civil, criminal, and injunctive redress. Use of the Website and Service is with the permission of JWM, which may be revoked at any time, for any reason, in JWM’s sole discretion.

4. YOUR USE OF THE WEBSITE

You must not copy or capture, or attempt to copy or capture, any Content from the Website or any part of the Website, unless given express permission by JWM.
You must not copy, republish, adapt, make available or otherwise communicate to the public, display, perform, transfer, share, distribute or otherwise use or exploit any Content on or from the Website, except (i) where such Content is Your Content, or (ii) as permitted under these Terms of Use, and within the parameters set by the person or entity that uploaded the Content (the “Uploader”).
You must not use any Content (other than Your Content) in any way that is designed to create a separate content service or that replicates any part of the Website offering.
You must not employ scraping or similar techniques to aggregate, repurpose, republish or otherwise make use of any Content.
You must not employ any techniques or make use of any services, automated or otherwise, designed to misrepresent Your Content on the Website, or to misrepresent your activity on the Website, including without limitation by the use of bots, botnets, scripts, apps, plugins, extensions or other automated means to register accounts, log in, or otherwise to act on your behalf, particularly where such activity occurs in a multiple or repetitive fashion. You must not offer or promote the availability of any such techniques or services to any other users of the Website.
You must not alter or remove, or attempt to alter or remove, any trademark, copyright or other proprietary or legal notices contained in, or appearing on, the Website or any Content appearing on the Website (other than Your Content).
You must not, and must not permit any third party to, copy or adapt the object code of the Website, or reverse engineer, reverse assemble, decompile, modify or attempt to discover any source or object code of any part of the Website, or circumvent or attempt to circumvent or copy any copy protection mechanism or access any rights management information pertaining to Content other than Your Content.
You must not use the Website to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts, incites hatred on grounds of race, gender, religion or sexual orientation, or is otherwise objectionable in JWM’s sole and reasonable discretion;
any information, Content or other material that violates, plagiarizes, misappropriates or infringes the rights of third parties including, without limitation, copyright, trademark rights, rights of privacy or publicity, confidential information or any other right; or
any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise is illegal or unlawful in JWM’s sole and reasonable opinion;
any material of any kind that contains any virus, Trojan horse, spyware, adware, malware, bot, time bomb, worm, or other harmful or malicious component, which will or might overburden, impair or disrupt the Website or servers or networks forming part of, or connected to, the Website, or which does or might restrict or inhibit any other user’s use and enjoyment of the Website; or
any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation.

You must not commit or engage in, or encourage, induce, solicit or promote, any conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any law or regulation.
You must not rent, sell or lease access to the Website, or any Content on the Website.
You must not deliberately impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity, for example, by registering an account in the name of another person or company, or sending messages or making comments using the name of another person.
You must not stalk, exploit, threaten, abuse or otherwise harass another user, or any JWM employee. If we feel that your behavior towards any of our employees is at any time threatening or offensive, we reserve the right to immediately terminate your membership and/or account and you will not be entitled to any refund of unused fees.
You must not sell or transfer, or offer to sell or transfer, any JWM account to any third party without the prior written approval of JWM.
You must not collect or attempt to collect personal data, or any other kind of information about other users, including without limitation, through spidering or any form of scraping.
You must not violate, circumvent or attempt to violate or circumvent any data security measures employed by JWM or any Uploader; access or attempt to access data or materials which are not intended for your use; log into, or attempt to log into, a server or account which you are not authorized to access; attempt to scan or test the vulnerability of JWM’s servers, system or network or attempt to breach JWM’s data security or authentication procedures; attempt to interfere with the Website or the Services by any means including, without limitation, hacking JWM’s servers or systems, submitting a virus, overloading, mail-bombing or crashing. Without limitation to any other rights or remedies of JWM under these Terms of Use, JWM reserves the right to investigate any situation that appears to involve any of the above, and may report such matters to, and cooperate with, appropriate law enforcement authorities in prosecuting any users who have participated in any such violations.

You agree to comply with the above conditions, and acknowledge and agree that JWM has the right, in its sole discretion, to terminate your account or take such other action as we see fit if you breach any of the above conditions or any of the other terms of these Terms of Use. This may include taking court action and/or reporting offending users to the relevant authorities.

5. REPRESENTATIONS AND WARRANTIES

You hereby represent and warrant to JWM as follows:

Your Content, including any comments that you may post on the Website, is not and will not be unlawful, offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, will not promote violence, terrorism, or illegal acts, or incite hatred on grounds of race, gender, religion or sexual orientation.
Your Content does not and will not create any liability on the part of JWM, its subsidiaries, affiliates, successors, and assigns, and their respective employees, agents, directors, officers and/or shareholders.

JWM reserves the right to remove Your Content, suspend or terminate your access to the Website and/or pursue all legal remedies if we believe that any of Your Content breaches any of the foregoing representations or warranties, or otherwise infringes another person’s rights or violates any law, rule or regulation.

6. MEMBERSHIP AND SUBSCRIPTION; PRICING

You may make purchases on the Website, as described in greater detail below. Please note that the subscription policies that are disclosed to you in subscribing to the service are deemed part of this Agreement. Notwithstanding anything herein, you are solely responsible for all taxes associated with your use of the Website and/or Service.

7. TERM

This Agreement will remain in full force and effect while you use the Website and/or Service. You may terminate your membership and/or subscription at any time by contacting us at [email protected]. If you resign or cancel your membership and/or subscription to JWM, to help JWM analyze and improve the Service, you may be asked to provide a reason for your resignation/cancellation. JWM may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide in your application for membership, or such other email address as you may later provide to JWM. If JWM terminates your membership in the Service because you have breached this Agreement, you will not be entitled to any refund of unused fees. All decisions regarding the termination of accounts shall be made in the sole discretion of JWM. JWM is not required to provide you notice prior to terminating your membership. JWM is not required, and may be prohibited, from disclosing a reason for the termination of your account. Even after your membership or subscription is terminated, this Agreement will remain in effect. All terms that by their nature may survive termination of this Agreement shall be deemed to survive such termination.

8. SUBSCRIPTIONS; CHARGES ON YOUR BILLING ACCOUNT

General. JWM bills you through an online account (your “Billing Account”) for use of the Service. You agree to pay JWM all charges at the prices then in effect for any use of the Service by you or other persons (including your agents) using your Billing Account, and you authorize JWM to charge your chosen payment provider (your “Payment Method”) for the Service, including without limitation any Application Fees. You agree to make payment using that selected Payment Method. JWM reserves the right to correct any errors or mistakes that it makes even if it has already requested or received payment.
Recurring Billing. Our subscription plans to the Service consist of an initial period, for which there is a one-time charge, followed by recurring period charges as agreed to by you. By entering into this Agreement, you acknowledge that your subscription has an initial and recurring payment feature and you accept responsibility for all recurring charges prior to cancellation. JWM may submit periodic charges (e.g. monthly) without further authorization from you, until you provide prior notice (confirmed in writing by JWM) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before JWM could reasonably act. Contact JWM [email protected] to change your payment method or cancel your paid membership by a provider of your chosen Payment Method (the “Payment Method Provider”). For your convenience, we take your payment information so that your JWM membership will not be interrupted. We auto-renew your membership at the level you selected. Your JWM subscription will be automatically extended for successive renewal periods of the same duration as the subscription term originally selected, at the then-current non-promotional subscription rate (if applicable). To cancel, change or resign your subscription at any time, contact us at [email protected]. If you resign, you may use your subscription until the end of your then-current subscription term; your subscription will not be renewed after your then-current term expires. However, you will not be eligible for a prorated refund of any portion of the subscription fee paid for the then-current subscription period.
Current Information Required. YOU MUST PROVIDE CURRENT, COMPLETE AND ACCURATE INFORMATION FOR YOUR BILLING ACCOUNT. YOU MUST PROMPTLY UPDATE ALL INFORMATION TO KEEP YOUR BILLING ACCOUNT CURRENT, COMPLETE AND ACCURATE (SUCH AS A CHANGE IN BILLING ADDRESS, CREDIT CARD NUMBER, OR CREDIT CARD EXPIRATION DATE), AND YOU MUST PROMPTLY NOTIFY JWM IF YOUR PAYMENT METHOD IS CANCELED (E.G., FOR LOSS OR THEFT) OR IF YOU BECOME AWARE OF A POTENTIAL BREACH OF SECURITY, SUCH AS THE UNAUTHORIZED DISCLOSURE OR USE OF YOUR USER NAME OR PASSWORD. CHANGES TO SUCH INFORMATION CAN BE MADE AT THE “SETTINGS” PAGE. IF YOU FAIL TO PROVIDE JWM ANY OF THE FOREGOING INFORMATION, YOU AGREE THAT JWM MAY CONTINUE CHARGING YOU FOR ANY USE OF THE SERVICE UNDER YOUR BILLING ACCOUNT UNLESS YOU HAVE TERMINATED YOUR USE OF THE SERVICE (CONFIRMED BY YOU IN WRITING UPON REQUEST BY JWM).
Payment Method. The terms of your payment will be based on your Payment Method and may be determined by agreements between you and the financial institution, credit card issuer or other provider of your chosen payment method.
Reaffirmation of Authorization. Your non-termination or continued use of the Service reaffirms that JWM is authorized to charge your Payment Method. JWM may submit those charges for payment and you will be responsible for such charges. This does not waive JWM’s right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially subscribed to the Service.
Refunds/Returns. While we may accept returns or refunds for certain products when specified upon purchase, excessive returns will notbe accepted. Refunds will not be given to any one customer for one specific product more than once. You may place an unlimited number of orders for one specific product, but the money back guarantee is void after you have used it for that product.

You are only eligible to receive one refund within any 30-day period and only on offers that explicitly state a guarantee or return/refund policy. Meaning, if you request a refund on a transaction, you are not eligible for an additional refund for 30 days following that transaction.

9. MODIFICATIONS TO SERVICE

JWM reserves the right at any time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that JWM shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

10. BLOCKING OF IP ADDRESSES

In order to protect the integrity of the Services, JWM reserves the right at any time in its sole discretion to block Members from certain IP addresses from accessing the Website.

11. CONTENT ON JWM; PROPRIETARY RIGHTS

JWM retains all proprietary rights in the Website and the Service. The Website contains the copyrighted material, trademarks, and other proprietary information of JWM, and/or its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information. All content on JWM is proprietary. Except where otherwise specified in this Agreement, all Content is copyrighted material of JWM and/or its licensors and for JWM Members’ use only. Distribution of Content to others is strictly prohibited. You agree that JWM would be irreparably harmed by any violation or threatened violation of this section and that, therefore, JWM shall be entitled to an injunction prohibiting you from any violation or threatened violation of this section, without posting bond, in addition to any other right or remedy it may have.

We may provide links to third party websites, and some of the content appearing on JWM may be supplied by third parties. JWM has no responsibility for these third party websites nor for

Any Content other than Your Content is the property of the relevant Uploader, and is or may be subject to copyright, trademark rights or other intellectual property or proprietary rights. Such Content may not be downloaded, reproduced, distributed, transmitted, re-uploaded, republished, displayed, sold, licensed, made available or otherwise communicated to the public or exploited for any purposes except via the features of the Website from time to time and within the parameters set by the Uploader on the Service or with the express written consent of the Uploader. Where you repost another user’s Content, or include another user’s Content in a set, you acquire no ownership rights whatsoever in that Content. Subject to the rights expressly granted in this section, all rights in Content are reserved to the relevant Uploader.

12. RESTRICTIONS ON USE OF MATERIALS

You acknowledge that JWM contains Content that is protected by copyrights, patents, trademarks, trade secrets and/or other proprietary rights, and that these rights are valid and protected in all forms, media and technologies existing now or hereafter developed. All Content is copyrighted under the United States copyright laws (and, if applicable, similar foreign laws), and JWM owns a copyright in the selection, coordination, arrangement and enhancement of such Content. All trademarks appearing on this Website are trademarks of their respective owners. You may not modify, publish, transmit, distribute, perform, participate in the transfer or sale, create derivative works of, or in any way exploit, any of the Content, in whole or in part. When Content is downloaded to your computer, you do not obtain any ownership interest in such Content. Modification of the Content or use of the Content for any other purpose, including, but not limited to, use of any Content in printed form or on any other website or networked computer environment is strictly prohibited unless you receive our prior written consent.

13. LIABILITY FOR CONTENT

You are solely responsible for all of Your Content that you upload, post or distribute to, on or through the Website, and to the extent permissible by law, JWM excludes all liability with respect to all Content (including Your Content) and the activities of its users with respect thereto.

You hereby acknowledge and agree that JWM cannot and does not review the Content created or uploaded by its users, and neither JWM nor its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders has any obligation, and does not undertake or assume any duty, to monitor the Website for Content that is inappropriate, that does or might infringe any third party rights, or has otherwise been uploaded in breach of these Terms of Use or applicable law.

JWM and its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers and shareholders hereby exclude, to the fullest extent permitted by law, any and all liability which may arise from any Content uploaded to the Website by users, including, but not limited to, any claims for infringement of intellectual property rights, rights of privacy or publicity rights, any claims relating to publication of defamatory, pornographic, obscene or offensive material, or any claims relating to the completeness, accuracy, currency or reliability of any information provided by users of the Website. By using the Website, you irrevocably waive the right to assert any claim with respect to any of the foregoing against JWM or any of its subsidiaries, affiliates, successors, assigns, employees, agents, directors, officers or shareholders.

14. REPORTING INFRINGEMENTS

JWM prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights (including rights of privacy and publicity) of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2) or for any other claim of copyright infringement, if you discover any Content on the Website that you believe infringes your copyright, please report this to us immediately by contacting us at [email protected]. When contacting us, please make sure that you include the following information:

a statement that you have identified Content on JWM that infringes your copyright or the copyright of a third party on whose behalf you are entitled to act;
a description of the copyright work(s) that you claim have been infringed;
a description of the Content that you claim is infringing and the JWM URL(s) where such Content can be located;
your full name, address and telephone number, a valid email address on which you can be contacted, and your JWM user name if you have one;
a statement by you that you have a good faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law; and
a statement by you that the information in your notice is accurate and that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed.

In addition, if you wish for your notice to be considered as a notice pursuant to the United States Digital Millennium Copyright Act 17 U.S.C. ¤512(c), please also include the following:

with respect to your statement that you are authorized to act on behalf of the owner of the exclusive right that is allegedly infringed, confirmation that such statement is made under penalty of perjury; and
your electronic or physical signature (which may be a scanned copy).

JWM will process any notice of alleged infringement which it receives and will take appropriate action as required by the Digital Millennium Copyright Act (DMCA) 17 U.S.C. 512(c)(3) or other applicable copyright law. U.S. law provides significant penalties for submitting such a statement falsely. Under appropriate circumstances, persons who repeatedly submit infringing or unlawful material will be prohibited from posting further submissions.

The foregoing process applies to copyright only. If you discover any Content that you believe to be in violation of your trademark rights, please report this to us by email at [email protected]. In all other cases, if you discover Content that infringes any or violates any of your other rights, which you believe is defamatory, pornographic, obscene, racist or otherwise liable to cause widespread offense, or which constitutes impersonation, harassment, spam or otherwise violates these Terms of Use, our Community Guidelines or applicable law, please report this to us at [email protected].

15. BLOCKING AND REMOVAL OF CONTENT

Notwithstanding the fact that JWM has no legal obligation to monitor the Content on the Website, JWM reserves the right to block, remove or delete any Content at any time, and to limit or restrict access to any Content, for any reason and without liability, including without limitation, if we have reason to believe that such Content does or might infringe the rights of any third party, has been uploaded or posted in breach of these Terms of Use, our Community Guidelines or applicable law, or is otherwise unacceptable to JWM.

You have no right of continued access to any particular item of Content and JWM shall have no liability in the event that you are unable to access an item of Content due to its removal from the Website, whether by JWM or the relevant Uploader.

16. REPEAT INFRINGERS

JWM will suspend or terminate your access to the Website if JWM determines, in its sole and reasonable discretion, that you have repeatedly breached these Terms of Use.

If we receive a valid notification from a third party in accordance with our reporting processes or applicable law that any of Your Content infringes the copyright or other rights of such third party, or if we believe that your behavior is inappropriate and violates our Terms of Use, we will send you a written warning to this effect. Any user that receives more than two of these warnings is liable to have their access to the Website terminated forthwith.

We will also suspend or terminate your account without warning if ordered to do so by a court, and/or in other appropriate circumstances, as determined by JWM at its sole discretion.

Please note that we do not offer refunds to Members whose accounts are terminated as a result of repeated infringement of these Terms of Use.

17. LIMITATION OF LIABILITY

In no event shall JWM be liable for any damages whatsoever, whether direct, indirect, general, special, compensatory, consequential, and/or incidental, arising out of or relating to the Website or Service, or use thereof. Nothing contained in this Website or in any written or oral communications from JWM or its employees or agents shall be construed to make any promise, covenant, warranty, or guaranty, all of which are explicitly disclaimed hereby, contrary to the statements and disclaimers contained in this paragraph.

The content and functionality on the Website and the services provided by employees of the Website are offered “as is” without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. JWM makes no warranties, express or implied, as to the ownership, accuracy, completeness or adequacy of the Website content or that the functionality of the Website will be uninterrupted or error-free or free from virus or third party attack. You hereby acknowledge that your use of this Website and the Service is at your sole risk. UNDER NO CIRCUMSTANCES SHALL JWM, ITS OFFICERS, OWNERS, EMPLOYEES OR AGENTS AND THEIR RESPECTIVE HEIRS, SUCCESSORS AND ASSIGNS BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, PUNITIVE, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES THAT DIRECTLY OR INDIRECTLY RESULT FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR SERVICE OR THE INFORMATION CONTAINED THEREIN, INCLUDING WITHOUT LIMITATION FOR VIRUSES ALLEGED TO HAVE BEEN OBTAINED FROM THE WEBSITE, EVEN IF JWM HAS BEEN NOTIFIED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND REGARDLESS OF THE THEORY OF LIABILITY.

TO THE GREATEST EXTENT PERMITTED BY LAW, YOU AGREE THAT IN NO EVENT WILL JWM HAVE ANY LIABILITY, CONTINGENT OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES IN ANY WAY ARISING OUT OF OR RELATING TO THE AGREEMENT, WEBSITE OR THE SERVICE, INCLUDING, BUT NOT LIMITED TO LOST PROFITS, LOST DATA, LOSS OF GOODWILL, COPYRIGHT INFRINGEMENT, WORK STOPPAGE, EQUIPMENT FAILURE OR MALFUNCTION, PERSONAL INJURY, PROPERTY DAMAGE, OR ANY OTHER DAMAGES OR LOSSES, EVEN IF JWM HAS BEEN ADVISED OF THE POSSIBILITY THEREOF, AND REGARDLESS OF THE LEGAL OR EQUITABLE THEORY (CONTRACT, TORT, STATUTE, INDEMNITY OR OTHERWISE) UPON WHICH SUCH LIABILITY IS BASED.

In the event that any of the foregoing limitations are deemed to be unenforceable, to the greatest extent permitted by law, you agree that the entire aggregate liability of JWM and sole remedy available to any Member in any case in any way arising out of or relating to the Agreement, Website or the Service shall be limited to monetary damages that in the aggregate may not exceed the greater of $500.00 or the sum of any amount paid by the Member or user to JWM during the six months prior to notice to JWM for the dispute for which the remedy is sought.

18. INDEMNITY BY YOU

You agree to indemnify and hold JWM, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys’ fees, arising out of or related to:

your use of the Service and/or Website in violation of this Agreement and/or arising from a breach of this Agreement including without limitation your representations and warranties set forth above;
any third party claim of infringement of copyright or other intellectual property rights or invasion of privacy arising from the hosting of Your Content on the Website, and/or your making available thereof to other users of the Website, and/or the actual use of Your Content by other users of the Website or related services in accordance with these Terms of Use and the parameters set by you with respect to the distribution and sharing of Your Content;
any activity related to your account, be it by you or by any other person accessing your account with or without your consent unless such activity was caused by the act or default of JWM.

ATTORNEY FEES

In the event that JWM is successful in whole or in part in any action or proceeding related to or arising from this Agreement, you shall be responsible for JWM’s attorneys’ fees and costs.

20. PARENTAL OR GUARDIAN PERMISSION

Some of the Content on this Website may not be appropriate for children. CHILDREN UNDER THE AGE OF 13 ARE NOT PERMITTED TO USE THIS WEBSITE UNLESS A SUPERVISING PARENT OR GUARDIAN IS PRESENT. INDIVIDUALS UNDER THE AGE OF 13 ARE NOT PERMITTED TO MAKE USE OF OUR FEE-BASED SERVICES OR GIVE JWM THEIR EMAIL ADDRESS OR ANY OTHER PERSONALLY IDENTIFIABLE INFORMATION.

21. PRIVACY

Use of the Website and/or the Service is also governed by our Privacy Policy, located at URL.

22. JURISDICTION AND CHOICE OF LAW; DISPUTE RESOLUTION

If there is any dispute arising out of the Website and/or the Service, by using the Website and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Florida, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of Florida, for the resolution of any such dispute. Acceptance of the terms and conditions of this Agreement constitutes your consent to be sued in such courts and to accept service of process outside the State of Florida with the same effect as if such service had been made within the State of Florida. You hereby agree to accept service of process for any action hereunder by certified mail return receipt requested which service shall have the same force and effect as though service had been effected by personal service in the applicable jurisdiction. If any part of these terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining provisions.

23. ARBITRATION PROVISION/NO CLASS ACTION

Except where prohibited by law, as a condition of using the Website and/or Service, you agree that any and all disputes, claims and causes of action (collectively, “Claim”) arising out of or connected with the Website and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association for full and final settlement of such Claim, and judgment on the award rendered in the arbitration may be entered in any court having jurisdiction thereof. Such arbitration shall be held in accordance with the Rules for Expedited Procedures under the Commercial Arbitration Rules of the American Arbitration Association or other mutually agreeable organization, before a single arbitrator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement), selected by agreement of both parties or by an independent mediator (with knowledge and expertise of copyright law if the claim is all or partially for copyright infringement) if the parties are unable to agree. The parties shall split the arbitration and/or mediator costs. An award rendered by the arbitrator(s) may be entered and confirmed by the appropriate court. The parties agree that any post-arbitration action seeking to enforce an arbitration award or action seeking equitable or injunctive relief shall be brought exclusively in the courts in the State of Florida.

24. NO THIRD PARTY BENEFICIARIES

You agree that, except as otherwise expressly provided in this Agreement, there shall be no third party beneficiaries to this Agreement.

25. AVAILABILITY OUTSIDE THE U.S.

If you access the JWM Website from outside of the United States, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you access the Website from outside of the United States, you acknowledge that any personal information you provide will be processed in the United States and other geographies as selected by us in our sole discretion, and you hereby consent to the collection and processing of your personal information in a manner consistent with this Agreement and the Privacy Policy.

26. ENTIRE AGREEMENT

This Agreement contains the entire agreement between you and JWM regarding the use of the Website and/or the Service.

27. SEVERABILITY; WAIVER

If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of this Agreement, which shall remain in full force and effect. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. In addition, JWM’s failure to enforce any term of this Agreement shall not be deemed as a waiver of such term or otherwise affect JWM’s ability to enforce such term at any point in the future.

28. HEADINGS

The section headings contained in this Agreement are for reference purposes only and shall not in any way affect the meaning or interpretation of this Agreement.

Please contact us with any questions regarding this agreement.

Privacy Policy

JDMannWritingMastery.com and WritingMasteryMentorship.com, operated by JDMann Writing Mastery (“JWM,” “we,” or “our”), recognize the importance of your personal privacy. Therefore, we have created this Privacy Policy so that you know how we use and disclose your information when you make it available to us. The Privacy Policy below discloses our practices regarding information collection and usage solely for the web site located at https://jdmannwritingmastery.mykajabi.com/ (the “Service”).

By using or accessing the Service or participating in our services, you signify your agreement to be bound by our Privacy Policy. IF YOU DO NOT AGREE TO THIS PRIVACY POLICY YOU MAY NOT ACCESS OR OTHERWISE USE OUR SERVICE OR PARTICIPATE IN OUR SERVICES.

Key aspects of our privacy practices described in this Privacy Policy include the following explanations:

The information we collect and why we collect it;
How we use that information;
How we share information; and
The choices we offer.

Personally Identifiable Information That We Collect:

We do not collect personally identifiable information from you unless you voluntarily provide it to us. The personally identifiable information which you may provide to us could include your name, email address, physical address, credit card number and other personal information. Please note that your information may be saved as you enter it into any form.

Non-Personal Or Aggregate Information That We Collect:

When you access our Service or use the JWM services, we may automatically collect non-personally identifiable information from you, such as IP host address, web pages viewed, browser type, operating system, referring service, search information, device type, page views, usage and browsing habits on the Service and similar data. We may also aggregate demographic information collected from our users (such as the number of users in a particular state) in a manner which does not identify any one individual. We may also aggregate information collected offline in connection with the Service or use of our services, obtain non-personally identifiable information from third party sources and develop aggregate information by anonymizing previously collected personally identifiable information.

It is possible at times when collecting non-personally identifiable information through automatic means that we may unintentionally collect or receive personally identifiable information that is mixed in with the non-personally identifiable information. While we will make reasonable efforts to prevent such incidental data collection, the possibility still exists. If you believe that we have inadvertently collected your personal information, please notify us at [email protected].

Information Usage:

We will only use your personally identifiable information as described below, unless you have specifically consented to another type of use, either at the time the personally identifiable information is collected from you or through some other form of consent from you or notification to you:

We may share your personally identifiable information collected in connection with providing the Service.
We may use your personally identifiable information to respond to your inquiries or requests.
We may use your personally identifiable information to send you emails from time to time about our services, such as future offerings, but we will not provide your personally identifiable information to third parties for them to contact you directly unless otherwise permitted by this Privacy Policy or you provide your consent.
We may permit our vendors and subcontractors to access your personally identifiable information, but they are only permitted to do so in connection with performing services for us. They are not authorized by us to use the information for their own benefit.
We may share your personally identifiable information with third parties to further the purpose for which you provided such information to us; for example, we may share your information with our payment process, as necessary for processing your purchases made online via the Service, or with our email platform, as necessary for sending emails. We urge you to read the Terms of Use and Privacy Policies of any third parties before submitting any personal information through the Service.
We may share your personally identifiable information with property owners and/or their agents if you express an intention to see, and/or submit an application for, a property owned by them. By communicating to JWM your intention to see a property, or by submitting an application for a property, you expressly consent to JWM submitting your personally identifiable information to the property owner and/or their agents.
We may disclose personally identifiable information as required by law or legal process.
We may disclose personally identifiable information to investigate suspected fraud, harassment or other violations of any law, rule or regulation, or the terms or policies for our services or our sponsors.
We may transfer your personally identifiable information in connection with the sale or merger or change of control of JWM or the division responsible for the services with which your personally identifiable information is associated.
We may share your personally identifiable information with an affiliate of JWM who is in the same corporate family as us as long as their privacy practices are substantially similar to ours.
Non- personally identifiable or aggregate information may be used by us for any purposes permitted by law and may be shared with any number of parties, provided that such information shall not specifically identify you.

Cookies and Similar Technologies:

“Cookies” are pieces of information that may be placed on your computer by a service for the purpose of facilitating and enhancing your communication and interaction with that service. Many services use cookies for these purposes. We may use cookies (and similar items such as clear gifs, web beacons, tags, etc.) on our Service to customize your visit and for other purposes to make your visit more convenient or to enable us to enhance our Service. We may also use and place cookies (and similar items) on your computer from our third party service providers in connection with the Service, such as an analytics provider that helps us manage and analyze Service usage, as described more fully below. In addition, our advertisers and business partners may set cookies and similar items on your computer when you use our Service. You may stop or restrict the placement of cookies on your computer or flush them from your browser by adjusting your web browser preferences, in which case you may still use our Service, but it may interfere with some of its functionality. Cookies and similar items are not used by us to automatically retrieve personally identifiable information from your computer without your knowledge.

If you delete your cookies, change browsers or use a different cookie, our cookie (or an opt-out cookie) may no longer work and you will have to reinput (or opt-out) again.

Analytics and Conversion Tracking:

We use analytics services that use cookies, JavaScript and similar technologies to help us analyze how users use the Service. The information generated by these services about your use of the Service (including your IP address or a truncated version of your IP address) is transmitted to and stored by analytics service providers on their servers. Those service providers will use this information for the purpose of evaluating your, and other users’, use of the Service, compiling reports for us on website activity and providing other services relating to website activity and Internet usage.

We may collect information about your computer, including your IP address, operating system and browser type, for system administration and in order to create reports. This is statistical data about our users’ browsing actions and patterns, and does not identify any individual.

We use cookies on our site for Google Analytics. Google Analytics is a web analytics tool that helps website owners understand how visitors engage with their website. Google Analytics customers can view a variety of reports about how visitors interact with their website so that they can improve it.

Like many services, Google Analytics uses first-party cookies to track visitor interactions as in our case, where they are used to collect information about how visitors use our site. We then use the information to compile reports and to help us improve our site.

Cookies contain information that is transferred to your computer’s hard drive. These cookies are used to store information, such as the time that the current visit occurred, whether the visitor has been to the site before and what site referred the visitor to the web page.

Google Analytics collects information anonymously. It reports website trends without identifying individual visitors. You can opt out of Google Analytics without affecting how you visit our site – for more information on opting out of being tracked by Google Analytics across all websites you use, visit https://tools.google.com/dlpage/gaoptout.

We also use Google conversion tracking and/or similar services to help us understand your and other users’ use of the Service.

Please see https://support.google.com/adwords/answer/1722022?hl=en for more information about conversion tracking provided by Google.

Security:

The security of your personally identifiable information is very important to us. When we collect your personally identifiable information online, we use reasonable efforts to protect it from unauthorized access. However, due to the inherent open nature of the Internet, we cannot guarantee that your personally identifiable information will be completely free from unauthorized access by third parties such as hackers and your use of our Service and JWM services demonstrates your assumption of this risk. We have put in place reasonable physical, electronic, and managerial procedures to safeguard the information we collect. Only those employees who need access to your information in order to perform their duties are authorized to have access to your personally identifiable information. For more information on protecting your privacy, please visit www.ftc.gov/privacy.

Your Disclosures In Blogs And Other Social Media:

You should be aware that personally identifiable information which you voluntarily include and transmit online in a publicly accessible blog, chat room, social media platform or otherwise online, or that you share in an open forum such as an in-person panel or survey, may be viewed and used by others without any restrictions. We are unable to control such uses of your personally identifiable information, and by using such services you assume the risk that the personally identifiable information provided by you may be viewed and used by third parties for any number of purposes.

Social Networks:

JWM may allow you to log in using various social network accounts, if you so choose. If you choose to make use of this feature, we may access all of your available social network profile information and use it in a way that conforms to this Privacy Policy. We urge you to read the privacy practices of all your social networks so that you know how your personal information may be used.

Protection for Children:

We generally do not collect personally identifiable information from children under the age of 13. If at any time in the future we plan to collect personally identifiable information from children under 13, such collection and use, to the extent applicable, shall, when required, be done in compliance with the Children’s Online Privacy Protection Act (“COPPA”) and appropriate consent from the child’s parent or guardian will be sought where required by COPPA. When we become aware that personally identifiable information from a child under 13 has been collected without such child’s parent or guardian’s consent, we will use all reasonable efforts to delete such information from our database.

Other Services:

As a convenience to you, we may provide links to third-party Services from within our Service. We are not responsible for the privacy practices or content of these third-party sites. When you link away from our Service, you do so at your own risk.

Changes to this Privacy Policy:

We reserve the right, at our discretion, to change, modify, add, or remove portions from this Privacy Policy at any time. However, if at any time in the future we plan to use personally identifiable information in a way that materially differs from this Privacy Policy, including sharing such information with more third parties, we will post such changes here and provide you the opportunity to opt-out of such differing uses. Your continued use of the Service and our services following the posting of any changes to this Privacy Policy means you accept such changes.

Opt-Out Process:

All unsubscribe or opt-out requests should be sent to us at [email protected] and we will process your request within a reasonable time after receipt. You may also opt-out using the link at the bottom of the emails you receive. However, we are not responsible for, and in some cases we are incapable of, removing your personally identifiable information from the lists of any third party who has previously been provided your information in accordance with this Privacy Policy or your consent. You should contact such third parties directly. If you would like to update or correct any personally identifiable information that you have provided to us, please email us at [email protected] and once we confirm your information, we will update such information within a reasonable amount of time.

Communications with JWM:

By providing your email address to us, you expressly consent to receive emails from us. We may use email to communicate with you, to send information that you have requested or to send information about other products or services developed or provided by us or our business partners, provided that, we will not give your email address to another party to promote their products or services directly to you without your consent or as set forth in this Privacy Policy.

Any communication or material you transmit to us by email or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and nonproprietary. Except to the extent expressly covered by this Privacy Policy, anything you transmit or post may be used by us for any purpose, including but not limited to, reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, you expressly agree that we are free to use any ideas, concepts, know-how, or techniques contained in any communication you send to us, as well as any data developed using the content of such communication, without compensation and for any purpose whatsoever, including but not limited to, developing, manufacturing and marketing products and services using such information.

No Rights of Third Parties:

This Privacy Policy does not create rights enforceable by third parties, nor does it require disclosure of any personal information relating to users of the Service.

Site Terms and Conditions:

Use of this Service is governed by, and subject to, the Terms and Conditions located at jdmannwritingmastery.mykajabi.com/terms-privacy. This Privacy Policy is incorporated into such terms. Your use, or access, of the Service constitutes your agreement to be bound by these provisions. IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS YOU MAY NOT ACCESS OR OTHERWISE USE THE SERVICE.

United States of America:

By using the Service or participating in JWM services, you freely and specifically give us your consent to export your personally identifiable information to the USA and to store and use it in the USA as specified in this Privacy Policy. You understand that data stored in the USA may be subject to lawful requests by the courts or law enforcement authorities in the USA.

Governing Law:

This Privacy Policy and our legal obligations hereunder are subject to the laws of Florida, U.S.A., regardless of your location. You hereby consent to the exclusive jurisdiction of and venue in the federal and state courts located in Tallahassee, Florida, U.S.A. in all disputes arising out of or relating to the Services.

Contact:

For questions or concerns relating to privacy, we can be contacted at: [email protected].

Effective Date:

This Privacy Policy was last updated on September 1, 2024.

Earnings Disclaimer

All products and services by our company are for educational and informational purposes only. Your level of success in attaining any stated ideas or strategies in our programs or on our websites is dependent upon a number of factors including your health, skill, knowledge, ability, dedication, goals, relationships, and financial situation, to name a few. Because these factors differ according to individuals, we cannot guarantee your specific success or results in any area of life or any endeavor. As stipulated by law, we make no guarantees that you will achieve any specific results from our information, programs or services and we offer no licensed or professional medical, legal, therapeutic, tax, or financial advice in this program. The information contained herein cannot replace or substitute for the services of trained professionals in any field, including, but not limited to, medical, psychological, financial or legal matters. You alone are responsible and accountable for your decisions, actions and results in life, and by your registration here today and use of our programs or websites at any time, you agree not to attempt to hold us liable for any such decisions, actions or results, at any time, under any circumstance. As with any effort in life, there are risks that you may not get ahead, so always consult professionals when needed and do what is right for you and your family. If you ever need anything from us, just reply to any of our emails. We respect your dedication to your writing and your self-improvement, so we’re here for you anytime at [email protected].

If you have any questions, concerns or complaints about these terms & policies, please contact us:

By email: [email protected]
By phone number: 413-320-9280
By mail:
JDMann Writing Mastery
7810 Gall Blvd #325
Zephyrhills FL 33541 USA

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