CHANNELJUMPSTART.COM TERMS & CONDITIONS

YOUR USE OF CHANNELJUMPSTART.COM IS SUBJECT TO THESE TERMS & CONDITIONS. PLEASE READ CAREFULLY.

About Channel JumpStart

Channel JumpStart and channeljumpstart.com are business names (commonly referred to as dba’s) of Creatus, LLC dba Channel JumpStart, a Utah limited liability company (“Channel JumpStart”). Channel JumpStart, through its website and the related application, content and features (the “Site”), offers online training and coaching though the Channel JumpStart leaning program and platform where Channel JumpStart 

provides you with access to a variety of products, including videos, eBooks and other training materials (collectively, the “Channel JumpStart Products”), as well as resources and services, including subscription and non-subscription websites, any associated subdomains, instructive courses, download areas, communication forums, product information, software (including any mobile applications) made available for download (“Software”), and sample and actual forms, checklists, business documents, our logo and designs, text, graphics, pictures, information and data (collectively, the “Service Materials”) and/or other related content and services (all of the foregoing collectively the “Channel JumpStart Services”).  

Applicability of Terms of Service

By accessing and using this Site, you are agreeing to be bound by the Terms of Service. If you do not accept these Terms of Service in their entirety, you may not access or use the Site. If you agree to these terms of service on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms of Service and your agreement to these terms will be treated as the agreement of the business. In that event, “you “ and “your” will refer and apply to that business.  

Changes to Terms of Service

Channel JumpStart reserves the right to change these Terms of Service at any time, in its sole discretion. Updates to these Terms of Service will be published on the Site and are effective immediately upon publication on the Site. You are responsible for regularly reviewing the Terms of Service. Your continued use of the Site after any such changes constitutes your consent to such changes.

Changes to Services and Pricing

Channel JumpStart may establish other terms for use of the Site not reflected in these Terms and Conditions, including, but not limited to, prices or charges for use of the Site or the Channel JumpStart Products or Channel JumpStart Services or certain features within the Site. Channel JumpStart reserves the right to change these terms without notice, including, without limitation, changing pricing. Channel JumpStart may also change the Channel JumpStart Products or Channel JumpStart Services available on the Site or the features and functionality of the Site at any time and for any reason without notice.

Eligibility to Use channeljumpstart.com

The Site and the Channel JumpStart Products or Channel JumpStart Services available on the Site are available only to individuals over thirteen years of age and business entities in good legal standing that can form legally binding contracts under applicable law and not accessing the Site for purposes of gathering information and discovering features to compete with Channel JumpStart. If you are an individual, you represent and warrant that you are at least thirteen years of age. If you are under eighteen years of age, you represent that you are an emancipated minor or possess legal parental or guardian consent to access this Site and are fully able and competent to agree to and abide by these Terms and Conditions. If you are a business, you represent and warrant that you are duly licensed to do business and in good legal standing in the jurisdictions in which you do business. You also represent (regardless of whether you are an individual or business) that you are not a competitor of Channel JumpStart, and that you are not accessing the Site to download or view the Channel JumpStart Products or Channel JumpStart Services to gather information and discover features for purposes of competing with Channel JumpStart.

Your Accounts

When you register with Channel JumpStart, you will receive a unique account (“Your Account”) which will allow you to access certain of the Channel JumpStart Products or Channel JumpStart Services available on the Site.

Channel JumpStart may eliminate Your Account upon termination of Your Account or suspend your access to the Channel JumpStart Products or Channel JumpStart Services. Channel JumpStart reserves the right to terminate Your Account at any time for any reason. 

Account Password

You are responsible for safeguarding the password that you use to access Your Account. You agree not to disclose your password to any third party. You agree to take sole responsibility for any activities or actions under your password, whether or not you have authorized such activities or actions. You will immediately notify Channel JumpStart of any unauthorized use of your password.

Copyright and Ownership

Channel JumpStart owns the Channel JumpStart Products and Channel JumpStart Services. Any use of the Channel JumpStart Products or the Channel JumpStart Services other than as specifically authorized in these Terms of Service, without our prior written permission, is strictly prohibited and will terminate the license granted in these Terms of Service. Such unauthorized use may also violate applicable laws including, but not limited to, copyright, trademark, and/or other intellectual property laws and applicable communications regulations and statutes. Unless explicitly stated herein, nothing in these Terms of Service will be construed as conferring any license to or transfer of any intellectual property rights, whether by estoppel, implication, or otherwise. Any reproduction or redistribution of the Channel JumpStart Products or the Channel JumpStart Services not in accordance with these Terms of Service and/or other applicable policies (including without limitation the policies referred to above) is expressly prohibited by law and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. 

Without limiting the foregoing and unless expressly agreed to otherwise in writing by us: (i) your use of the Channel JumpStart Products and/or the Channel JumpStart Services are for your personal, non-commercial use; and (ii) you are expressly prohibited from: (a) in whole or in part, reselling, copying, reproducing, modifying, distributing, transmitting, displaying, performing, publishing, licensing, creating derivative works from, transferring, and/or selling any of the Channel JumpStart Products and/or the Channel JumpStart Services; (b) the use of any data mining, robots, or similar data gathering or extraction methods; (c) copying and/or downloading (other than the page caching) any portion of the Channel JumpStart Products and/or the Channel JumpStart Services or any information contained therein, except as expressly permitted in these Terms of Service; and/or (d) any use of the Platform or any Channel JumpStart Product and/or Channel JumpStart Service other than for its intended purpose.

License to Use Site

You are granted a nonexclusive, non-transferable, revocable, limited license to access and use the Site and the Channel JumpStart Products and Channel JumpStart Services available on the Site in accordance with these Terms of Service. By registering for Your Account, you represent that your registration is for your own individual, personal or business use, and not for other persons, unless otherwise specified on the registration page. As a registrant, you may not use or access another user’s Channel JumpStart account other than your own without permission.

General Restrictions on Use of the Site

You agree not to do any of the following: 

Use the Site or Your Account to transfer, display or advertise any pornography, sexual content or adult materials; nude, violent or graphic images; hateful or offensive content; materials that violate privacy; computer viruses, “warez”, or any other harassing, illegal, and/or harmful material. You may not, directly or indirectly, provide links to any third party sites that contain such materials. 

Use the Site or Your Account in any way that violates (i) any copyright, trade secret, trademark or other intellectual property; or (ii) any statute, law, regulation or governmental order, or treaty; 

Use the Site or Your Account in a manner that may abuse or violate the personal or property rights or privacy rights of others; 

Forge or misrepresent headers, addresses, or other identification in Site pages or e- mail, or using any other method to disguise your identity or location; 

Use the Site or Your Account in an attempt to break security of any computer network (including of the Site) or to access any account, message, or file that does not belong to you; 

Use excess system or network resources, including any scripts or programs that use excessive computer resources; or use the Site for unauthorized relays through any third party systems; 

Defame Channel JumpStart or its Site on the internet or elsewhere; 

Use the Site or Your Account to promote a site that competes with the Site; 

Use or refer to the Site in connection with any spamming, mail-bombing, attacks on third party sites, or other harassing of third parties; 

Use the Site or Your Account to add or attempt to add addresses to any mailing list (yours or a third party’s) without the explicit, affirmative consent of the addressee(s); 

Provide any false information or data to Channel JumpStart, including providing fraudulent credit card or other payment information; 

Furnish data in a manner that would be deemed to be unprofessional, inappropriate or unsuitable for the Site as determined by Channel JumpStart. 

Violations of Terms of Service and Investigations

If you violate any of the terms and conditions in these Terms of Service, or if Channel JumpStart receives complaints regarding your use of this Site, Channel JumpStart may immediately suspend or terminate your right to use the Site. If you have paid fees to Channel JumpStart for use of the Site, Channel JumpStart is not required to return or credit any fees paid, due to suspension or termination of your right to use the Site for a violation of these Terms of Service. Such amounts may be retained by Channel JumpStart, in its discretion, as damages to compensate it for your violation of these terms. Additionally, Channel JumpStart may seek damages, an injunction or other equitable relief for any violation of these Terms of Service. 

Channel JumpStart may investigate complaints or reported violations of these Terms of Service and may take any action we deem appropriate to respond thereto, including without limitation reporting suspected unlawful activity to law enforcement officials, governmental agencies, or other third parties. Channel JumpStart may, upon request or order, disclose any necessary or appropriate information to such persons, such as user profiles, e-mail addresses, usage history, posted materials, IP addresses and traffic information. 

Links to Third Party Sites

If you decide to access or use any third party sites that may be linked to the Channel JumpStart Site, you do this entirely at your own risk. The linked sites are not under the control of Channel JumpStart and we are not responsible for the contents of any linked site or any link contained in a linked site, or any changes or updates to such sites. If we provide links, then we are providing them for you only as a convenience, and the inclusion of any link does not imply endorsement by Channel JumpStart of the site. 

Trademarks

Channel JumpStart is a trademark of Creatus, LLC dba Channel JumpStart. The names of any other products, services or companies mentioned on this Site are the property of their respective owners and may also be trademarks. 

Disclaimer

CHANNEL JUMPSTART DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, TO THE FULLEST EXTENT NOT PROHIBITED BY APPLICABLE LAW. WITHOUT LIMITING THE FOREGOING, CHANNEL JUMPSTART DOES NOT WARRANT: (A) THAT THE CONTENT OR INFORMATION ON THIS APPLICATION IS COMPLETE, CORRECT, RELIABLE OR NONINFRINGING; (B) THAT THE FUNCTIONALITY OF THIS APPLICATION WILL BE UNINTERRUPTED OR ERROR-FREE; (C) THAT ANY DEFECTS CAN OR WILL BE CORRECTED; OR (D) THAT THIS APPLICATION OR ITS SERVER ARE FREE OF VIRUSES OR OTHER HARMFUL CODE OR MATERIALS. 

Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL CHANNEL JUMPSTART BE LIABLE FOR ANY DAMAGES, INCLUDING DIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, THAT RESULT FROM THE USE OF OR THE INABILITY TO USE THE SITE, EVEN IF CHANNEL JUMPSTART HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL CHANNEL JUMPSTART’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO NEGLIGENCE) OR OTHERWISE, EXCEED THE AMOUNT OF $100.00. 

Indemnity

YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS CHANNEL JUMPSTART, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, OBLIGATIONS, LOSSES, LIABILITIES, COSTS OR DEBT, AND EXPENSES (INCLUDING BUT NOT LIMITED TO ATTORNEY’S FEES) ARISING FROM (I) YOUR USE OF THE SITE; (II) YOUR VIOLATION OF THESE TERMS OF SERVICE, (III) YOUR VIOLATION OF ANY THIRD PARTY RIGHT, INCLUDING WITHOUT LIMITATION ANY COPYRIGHT, PROPERTY, OR PRIVACY RIGHT; OR (IV) ANY CLAIM THAT YOUR PARTICIPANT CONTENT (OR YOUR DISCLOSURE OR PUBLICATION OF ANOTHER’S PARTICIPANT CONTENT) CAUSED DAMAGE TO A THIRD PARTY. THIS DEFENSE, HOLD HARMLESS AND INDEMNIFICATION OBLIGATION WILL SURVIVE THESE TERMS OF USE AND YOUR USE OF THE SITE. 

Subscriber Fees

If Channel JumpStart now or in the future charges fees for use of the Site, you agree to pay all fees, charges, and any applicable taxes associated with your use of the Site, in accordance with the then current and published rates, payment terms and policies as specified by Channel JumpStart and the payment plan chosen by you. 

Term And Termination

Your subscription or registration to use the Site, if any, shall remain in force until it is terminated by either you or Channel JumpStart. Either you or Channel JumpStart may terminate your subscription or registration at any time, for any or no cause, by giving notice to the other party. If Channel JumpStart terminates your subscription or registration without cause, it will refund to you any unused portion of any fees prepaid by you. 

Non-United States Jurisdictions

Channel JumpStart controls this Site from its offices in the United States of America. Channel JumpStart makes no representation that the Site or the files of other uses of the Site (collectively, “Materials”) are appropriate or available for use in other locations, and access to them from territories where their content is illegal is prohibited. If you choose to access this Site from other locations, you do so at your own initiative and are responsible for compliance with applicable local laws. You may not use or export the Materials in violation of U.S. laws and regulations. 

Choice Of Law, Jurisdiction And Venue

You agree that: (i) the Channel JumpStart Site shall be deemed solely based in Utah; and (ii) the Channel JumpStart Site shall be deemed a passive Site that does not give rise to personal jurisdiction over Channel JumpStart, either specific or general, in jurisdictions other than Utah. These Terms of Service shall be governed by the internal substantive laws of the State of Utah, without respect to its conflict of laws principles. Any claim or dispute between you and Channel JumpStart that arises in whole or in part from the Channel JumpStart Site shall be decided exclusively by a court of competent jurisdiction located in Washington County, Utah.

 

Privacy Policy

Your use of this Site is subject to Channel JumpStart’s Privacy Policy, which is incorporated herein by reference. 

Digital Millennium Copyright Act

Notice of Infringement. 

If you are a copyright owner or an agent thereof and believe that any Site user files or other content infringes upon your copyrights, you may submit a notification pursuant to the Digital Millennium Copyright Act (“DMCA”) by providing our Copyright Agent with the following information in writing (see 17 U.S.C. 512(c)(3) for further detail):

A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; 

Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site; 

Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit the service provider to locate the material; 

Information reasonably sufficient to permit the service provider to contact you, such as an address, telephone number, and, if available, an electronic mail; 

A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and 

A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. 

Channel JumpStart’s designated Copyright Agent to receive notifications of claimed infringement is: Doug Wilson, Channel JumpStart, 4 S 2600 W STE 5 HURRICANE, UT 84737. For clarity, only DMCA notices should go to the Copyright Agent; any other feedback, comments, requests for technical support, and other communications should be directed to Channel JumpStart customer service through support@channeljumpstart.com. You acknowledge that if you fail to comply with all of the requirements of this Section 11, your DMCA notice may not be valid. 

Miscellaneous

These Terms of Service, together with any notices contained on this Site and Channel JumpStart’s Privacy Policy, constitute the entire agreement with respect to access to and use of this Site and its content. If any provision of these Terms of Service is illegal, invalid or unenforceable, then that provision shall be severed from the remaining provisions, which shall remain in full force and effect. Your subscription may not be assigned by you without Channel JumpStart’s prior written consent, which will not be unreasonably withheld. Any rights not expressly granted herein are reserved and may be assigned or transferred by Channel JumpStart. No waiver of any term of this these Terms of Service shall be deemed a further or continuing waiver of such term or any other term, and Channel JumpStart’s failure to assert any right or provision under these Terms of Service shall not constitute a waiver of such right or provision.