Terms and Conditions of Use

Pursuant to U.S. State & Federal Laws the following is a statement of your legal rights.

For Jade Jaguar Marketing Services Clients:

• Not all services listed above will be performed at all times. Some depend on the time of year, promotional calendar, task prioritization, and other timing-related factors.  The scope of work in this agreement includes access to these deliverables when needed.
• All advertising is done in your account(s), so you can check in whenever you like.  The fee for Jade Jaguar Marketing Services does not include advertising spend.
• The monthly agreement will automatically renew unless otherwise directed.
• To ensure that Jade Jaguar Marketing Services has sufficient development time, please allow 3-5 business days for custom work requests to be turned around.  If your work is to be completed in less than three days or requires weekend hours, there may be additional fees, which will be communicated and approved in writing.
• We’re always happy to talk, but you’re hiring us to get work done, and we want to deliver excellence and meet agreed-to deadlines. Our priority is managing your traffic and executing your sales funnel and advertising investments. With this in mind, communication is limited to:
  • 2 calls per month with the Jade Jaguar Marketing Services Project Manager and any assigned Jade Jaguar Marketing Services team members who are responsible for the phase of the project you’re in
  • 3 emails received per week, not including replies.  
• In sales and marketing, there is no shortcut or guarantee of results, and as a client/partner of Jade Jaguar Marketing Services, your business will receive focused attention. Your investment is in the mutually agreed-upon strategy and service of creating and setting up the material referenced in the deliverables.  Because we will be incurring hours from the outset, there are no refunds or chargebacks once work has started on the project.
• This agreement is the entire agreement, superseding all previous negotiations or agreements.
• Jade Jaguar Marketing Services is not responsible for anything financially related to your landing pages, ad management, etc. Including but not limited to client bank accounts, stripe accounts, merchant processing, etc.
• This agreement can only be changed by mutual written consent
• A credit card authorization form is required to be on file for all clients.
• There are three options for payments. If your account goes unpaid 3 days from the due date, the credit card on file will be charged with any processing fees.
• Non-payment on outstanding invoices for 3+ days will result in Jade Jaguar Marketing Services pausing work until the account is paid.
• Beginning with the second month of the agreement, all invoices will be billed and due before the beginning of each 1-month period for which services will be provided based on the first onboarding date. Please refer to the payment options available on the next page to ensure your payment is received by the stated due date.
• A 30-day written notice is required to terminate this agreement after completing the 90-day period cited in this Agreement, and my organization is responsible for this contract to be paid in full. The notice of termination must also be emailed to adan@jadejaguarmarketingservices.com at least 30 days in advance, as noted here. After completing this Agreement as defined here, both parties may agree to enter into a subsequent Agreement with specific roles, deliverables, and costs to be determined. 
• This project to be completed, my organization is responsible for completing steps and recommendations received during coaching sessions. For clarity, these steps will be proactively identified as “Action Items” in scheduled meetings and other discussions–and always documented in writing.
• Any changes to this scope agreement for additional services or requests will be directed to the Project Manager. A change order amendment will be sent for signature outlining the changes and any costs associated with the requested changes.
• If my project is paused, lapsed, or terminated for 30 days due to work that you have not approved or not providing the materials or deliverables needed to complete the project, my organization is responsible for this contract to be paid in full. I further understand that this project will be deemed completed in full. Further, I will not hold Jade Jaguar Marketing Services liable.
• If I or my team exceed the communications or services for my project, I will be billed using the following fee schedule, in 30 minute increments for each team member required:
  • Adan (CEO)|COO|CFO: $500
  • Project MGR: $150
  • Web development / builder: $200
  • Copywriter: $150
  • Ad Manager: $200
  • Video editing / Graphic design: $175

Disclaimer & Legal Rights

No Warranties

ALL WEB SITES, PRODUCTS AND SERVICES ARE PROVIDED, AS IS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. OUR COMPANY DOES NOT WARRANT, GUARANTEE, OR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR THE RESULTS OF THE USE, OF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS IN THE TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, CURRENTNESS OR OTHERWISE. THE ENTIRE RISK AS TO THE RESULTS AND PERFORMANCE OF THE WEB SITES, PRODUCTS AND SERVICES ARE ASSUMED BY YOU. IF THE WEB SITES, PRODUCTS, SERVICES OR WRITTEN MATERIALS ARE DEFECTIVE, YOU, AND NOT OUR COMPANY, ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

THIS IS THE ONLY WARRANT OF ANY KIND, EITHER EXPRESS OR IMPLIED, THAT IS MADE BY OUR COMPANY. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY OUR COMPANY SHALL CREATE A WARRANTY OR IN ANY WAY INCREASE THE SCOPE OF THIS WARRANTY, AND YOU MAY NOT RELY ON SUCH INFORMATION OR ADVICE TO DO SO.

Affiliation

In using any part of JadeJaguarMarketingServices.com, please assume that any action you take we may be paid for. This includes purchasing products that we recommend, clicking on any link, or visiting any website outside of JadeJaguarMarketingServices.com.

Customer Remedy

Our company’s entire liability, and the purchaser’s exclusive remedy, shall be a refund of the price paid or replacement of our products, at our option. We limit replacement to thirty days. All remedies are limited to the United States.

Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

Limitation & Exclusion Of Liability

These warranties exclude all incidental or consequential damages. Our company, and its suppliers, will not be liable for any damages whatsoever, including without limitation, damages for loss of business profits, business interruption, loss of business information, or other pecuniary loss. Some states do not allow the exclusion or limitation of liability, so the above limitations may not apply to you.

Legal Forum, Choice Of Laws & Official Language

This offering is a contract between you the buyer and our business, the seller. The seller is located in Chicago, Illinois, U.S.A. and by doing business with us you agree that this offering is made from Chicago, Illinois, U.S.A. and shall be governed by the laws of the State of Illinois and the U.S.A.. By electing to participate in this offer, you are entering into a contract.

This Agreement shall be governed by and construed in accordance with the laws of the State of Illinois, without regard to its conflict of laws rules. Any legal action arising out of this Agreement shall be litigated and enforced under the laws of the State of Illinois. In addition, you agree to submit to the jurisdiction of the courts of the State of Illinois, and that any legal action pursued by you shall be within the exclusive jurisdiction of the courts of Cook County in the State of Illinois, USA.

The terms constituting this offering are set forth in writing on this Web site. You hereby agree to submit to the jurisdiction of the State and Federal Courts located in Cook County, Illinois, U.S.A. to resolve any disputes or litigation hereunder. Whether or not you choose to print this offering, containing the terms and conditions as described herein, you agree that this contract constitutes a writing.

This agreement is being written in English, which is to be the official language of the contracts text and interpretation. If you do not agree with the above terms and conditions, you have the option to not participate in this offer.

Copyrights

This Web site and information contains copyrighted material, trademarks, and other proprietary information. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, on in any way exploit, in whole or in part, any Proprietary or other Material.

License

All images, text, contents, products and scripts are licensed and never sold, unless otherwise stated. Reproduction is prohibited. You may not use, copy, emulate, clone, rent, lease, sell, modify, decompile, disassemble, otherwise reverse engineer, or transfer the licensed program or product, or any subset of the licensed program or product, except as provided for in this agreement or expressly in writing. Any such unauthorized use shall result in immediate and automatic termination of this license and may result in criminal and/or civil prosecution.

Our company reserves all rights not expressly granted here.

1. Applicability.   These terms and conditions for services are the only terms that govern the provision of services by Jade Jaguar Marketing Services, a Illinois limited liability company (“Service Provider” or “Jade Jaguar Marketing Services”) to purchaser of the services provided by Jade Jaguar Marketing Services set forth on the applicable quotation or proposal issued by Jade Jaguar Marketing Services (“Customer”). The accompanying quotation or proposal issued by Jade Jaguar Marketing Services to the Customer (the “Proposal”) and these Terms (collectively, this “Agreement”) comprise the entire agreement between the parties, and supersede all prior or contemporaneous understandings, agreements, negotiations, representations and warranties, and communications, both written and oral. In the event of any conflict between these Terms and the Proposal, these Terms shall govern. These Terms prevail over any of Customer’s general terms and conditions regardless whether or when Customer has submitted its request for proposal, order, or such terms. Provision of services to Customer does not constitute acceptance of any of Customer’s terms and conditions and does not serve to modify or amend these Terms.

2. Services. Jade Jaguar Marketing Services shall provide the services to Customer as described in the Proposal (the “Services”) in accordance with these Terms.

3. Performance Dates. Jade Jaguar Marketing Services shall use reasonable efforts to meet any performance dates specified in the Proposal, and any such dates shall be estimates only. Customer acknowledges and agrees that Jade Jaguar Marketing Services meeting the performance dates under this Agreement are expressly contingent are Customer’s timely cooperation with Jade Jaguar Marketing Services and performance of Customer’s obligations under this Agreement.

4. Customer’s Obligations. Customer shall: (a) cooperate with Jade Jaguar Marketing Services in all matters relating to the Services and provide such access to Customer’s software, data servers, domain host, website, etc. as may reasonably be requested by Service Provider, for the purposes of performing the Services; (b) respond promptly to any Jade Jaguar Marketing Services request to provide direction, information, approvals, authorizations, or decisions that are reasonably necessary for Jade Jaguar Marketing Services to perform Services in accordance with the requirements of this Agreement; (c) provide such Customer materials or information as Jade Jaguar Marketing Services considers (in Service Provider’s reasonable discretion) necessary to carry out the Services in a timely manner; (d) ensure that such Customer materials or information are complete and accurate in all material respects; and (e) obtain and maintain all necessary licenses and consents and comply with all applicable laws in relation to the Services before the date on which the Services are to start.

5. Customer’s Acts or Omissions. If Service Provider’s performance of its obligations under this Agreement is prevented or delayed by any act or omission of Customer or its agents, subcontractors, consultants, or employees, Service Provider shall not be deemed in breach of its obligations under this Agreement or otherwise liable for any costs, charges, or losses sustained or incurred by Customer, in each case, to the extent arising directly or indirectly from such prevention or delay.

6. Change Orders. If either party wishes to change the scope or performance of the Services, it shall submit details of the requested change to the other party in writing. Service Provider shall, within a reasonable time after such request, provide a written estimate to Customer of: (i) the likely time required to implement the change; (ii) any necessary variations to the fees and other charges for the Services arising from the change; (iii) the likely effect of the change on the Services; and (iv) any other impact the change might have on the performance of this Agreement. Promptly after receipt of the written estimate, the parties shall negotiate and agree in writing on the terms of such change (a “Change Order”). Neither party shall be bound by any Change Order unless mutually agreed upon in writing in accordance with Section 26 Notwithstanding the foregoing, Service Provider may, from time to time change the Services without the consent of Customer provided that such changes do not materially affect the nature or scope of the Services, or the fees or any performance dates set forth in the Proposal. Service Provider may charge for the time it spends assessing and documenting a change request from Customer on a time and materials basis in accordance with the Proposal.

7. Fees and Expenses; Payment Terms; Interest on Late Payments.   In consideration of the provision of the Services by Service Provider and the rights granted to Customer under this Agreement, Customer shall pay the fees set forth in the Proposal. Customer shall pay all invoiced amounts due to Service Provider on receipt of Service Provider’s invoice. Customer shall make all payments hereunder in US dollars by credit card held on file by Jade Jaguar Marketing Services. Customer shall ensure that a valid credit card remains on file with Jade Jaguar Marketing Services at all times during the term of this Agreement and failure to do so may result in Jade Jaguar Marketing Services immediately terminating this Agreement. In the event payments are not received by Service Provider after becoming due, Service Provider may: (a) charge interest on any such unpaid amounts at the maximum amount permitted under applicable law, from the date such payment was due until the date paid; (b) suspend performance for all Services until payment has been made in full; or (c) immediately terminate the Agreement.

8. Taxes. Customer shall be responsible for all sales, use and excise taxes, and any other similar taxes, duties and charges of any kind imposed by any federal, state, or local governmental entity on any amounts payable by Customer hereunder.

9. Intellectual Property. All intellectual property rights, including copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, service marks, trade secrets, know-how and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill associated therewith, derivative works and all other rights (collectively, “Intellectual Property Rights”) in and to all documents, work product, and other materials that are delivered to Customer under this Agreement or prepared by or on behalf of Service Provider in the course of performing the Services, including any items identified as such in the Proposal (collectively, the “Deliverables”) except for any Confidential Information of Customer or Customer materials shall be owned by Service Provider. Service Provider hereby grants Customer a license to use all Intellectual Property Rights free of additional charge and on a non-exclusive, worldwide, non-transferable, non-sublicensable, fully paid-up, royalty-free, and perpetual basis to the extent necessary to enable Customer to make reasonable use of the Deliverables and the Services.

10. Confidential Information.   All non-public, confidential or proprietary information of Service Provider, including, but not limited to, trade secrets, technology, information pertaining to business operations and strategies, and information pertaining to customers, pricing, and marketing (collectively, “Confidential Information”), disclosed by Service Provider to Customer, whether disclosed orally or disclosed or accessed in written, electronic or other form or media, and whether or not marked, designated or otherwise identified as “confidential,” in connection with the provision of the Services and this Agreement is confidential, and shall not be disclosed or copied by Customer without the prior written consent of Service Provider. Confidential Information does not include information that is; (i) in the public domain; (ii) known to Customer at the time of disclosure; or (iii) rightfully obtained by Customer on a non-confidential basis from a third party. Customer agrees to use the Confidential Information only to make use of the Services. Service Provider shall be entitled to injunctive relief for any violation of this Section.

11. Limited Warranty By Jade Jaguar Marketing Services.  Jade Jaguar Marketing Services warrants to Customer that Jade Jaguar Marketing Services shall perform the Services using personnel of required skill, experience, and qualifications and in a good and workmanlike manner in accordance with generally recognized industry standards for similar services and shall devote adequate resources to meet its obligations under this Agreement. The Service Provider shall not be liable for a breach of the limited warranty set forth in this Section 11 unless Customer gives written notice of the defective Services, reasonably described, to Service Provider within ten (10) days of the time when Customer discovers or ought to have discovered that the Services were defective. In the event of defective performance of the Services by Jade Jaguar Marketing Services, as Customer’s sole and exclusive remedy, Service Provider shall, in Jade Jaguar Marketing Services’s sole and absolute discretion, either: (i) re-perform such Services; or (ii) credit or refund the price of such Services at the pro rata contract rate. THE FOREGOING REMEDIES SET FORTH IN SHALL BE THE CUSTOMER’S SOLE AND EXCLUSIVE REMEDY AND SERVICE PROVIDER’S ENTIRE LIABILITY FOR ANY BREACH OF THE LIMITED WARRANTY.

12. Disclaimer of Warranties. EXCEPT FOR THE LIMITED WARRANTY SET FORTH IN SECTION 11 ABOVE, SERVICE PROVIDER MAKES NO WARRANTY WHATSOEVER WITH RESPECT TO THE SERVICES, INCLUDING ANY (A) WARRANTY OF MERCHANTABILITY; OR (B) WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE; OR (C) WARRANTY OF TITLE; OR (D) WARRANTY AGAINST INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OF A THIRD PARTY; WHETHER EXPRESS OR IMPLIED BY LAW, COURSE OF DEALING, COURSE OF PERFORMANCE, USAGE OF TRADE, OR OTHERWISE.

13. Representations and Warranties by Customer. All Customer materials provided to Jade Jaguar Marketing Services by Customer are owned by Customer, or that Customer has permission from the rightful owner to use such materials, and that said Customer materials contain no matter that is libelous, constitutes an invasion of privacy, an unlawful appropriation of name or likeness, breach or violation of any intellectual property right by a third-party, or is otherwise injurious to the rights of any other person. Customer shall indemnify, hold harmless, protect, and defend Jade Jaguar Marketing Services and its employees and subcontractors from any loss, cost, liability, expense, or damage, including, any claim or suit, threatened or actual attorneys’ fees, costs, and expenses, arising from the use of such elements furnished by Customer. Customer is an entity in good standing in Customer’s state or place of organization or incorporation. Customer is free to enter into this Agreement and the Services to be provided pursuant to this Agreement are not in conflict with any other contractual or other obligation to which Customer is bound. The Customer’s signatory to this Agreement is duly authorized by Customer to bind the Customer to this Agreement.

14. Limitation of Liability.  IN NO EVENT SHALL SERVICE PROVIDER BE LIABLE TO CUSTOMER OR TO ANY THIRD PARTY FOR ANY LOSS OF USE, REVENUE OR PROFIT OR LOSS OF DATA OR DIMINUTION IN VALUE, OR FOR ANY CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, SPECIAL, OR PUNITIVE DAMAGES WHETHER ARISING OUT OF BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT SERVICE PROVIDER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ANY AGREED OR OTHER REMEDY OF ITS ESSENTIAL PURPOSE. FURTHERMORE, IN NO EVENT SHALL SERVICE PROVIDER’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT, WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID BY CUSTOMER AND RECEIVED BY Jade Jaguar Marketing Services IN THE ONE (1) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

15. Termination. In addition to any remedies that may be provided under this Agreement, Service Provider may terminate this Agreement with immediate effect upon written notice to Customer, if Customer: (a) fails to pay any amount when due under this Agreement; (b) has not otherwise performed or complied with any of the terms of this Agreement, in whole or in part; or (c) becomes insolvent, files a petition for bankruptcy or commences or has commenced against it proceedings relating to bankruptcy, receivership, reorganization, or assignment for the benefit of creditors.

16. Waiver. No waiver by Service Provider of any of the provisions of this Agreement is effective unless explicitly set forth in writing and signed by Service Provider. No failure to exercise, or delay in exercising, any rights, remedy, power, or privilege arising from this Agreement operates or may be construed as a waiver thereof. No single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

17. Force Majeure. Jade Jaguar Marketing Services shall have no liability whatsoever in the event any act of God, the public enemy or governmental authority, labor dispute, war (whether declared or undeclared), hostilities by a foreign power, civil disobedience, riot, transportation problem, network difficulties, electronic malfunction or other similar occurrences beyond Jade Jaguar Marketing Services’s control that in any way restrict or prevent Jade Jaguar Marketing Services from performing the Services. In the event of such a force majeure event, Jade Jaguar Marketing Services shall have the ability to immediately terminate the Agreement upon written notice to Customer.

18. Assignment. Customer shall not assign any of its rights or delegate any of its obligations under this Agreement without the prior written consent of Jade Jaguar Marketing Services. Any purported assignment or delegation in violation of this Section is null and void. No assignment or delegation relieves Customer of any of its obligations under this Agreement. Jade Jaguar Marketing Services shall have the right to freely assign the Services under this Agreement, in whole or in part.

19. Relationship of the Parties. The relationship between the parties is that of independent contractors. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise, employment, or fiduciary relationship between the parties, and neither party shall have authority to contract for or bind the other party in any manner whatsoever.

20. No Third-Party Beneficiaries. This Agreement is for the sole benefit of the parties hereto and their respective successors and permitted assigns and nothing herein, express or implied, is intended to or shall confer upon any other person or entity any legal or equitable right, benefit or remedy of any nature whatsoever under or by reason of these Terms.

21. Governing Law. This Agreement shall be construed in accordance with, and governed in all respects by, the laws of the State of Illinois, without regard to conflicts of law principles.

22. Arbitration. Any dispute, controversy or claim arising out of or relating to this Agreement, or the breach thereof, shall be settled by arbitration to which each party hereby exclusively submits. The arbitration shall be conducted in accordance with the then-current Commercial Arbitration Rules of the American Arbitration Association, and shall take place in Cook County, IL. The decision of the arbitration panel shall be binding upon the parties and judgment on the award may be entered in any court of competent jurisdiction.

23. Notices. All notices, requests, consents, claims, demands, waivers, and other communications hereunder (each, a “Notice”) shall be in writing and addressed to the parties at the addresses set forth in the Proposal or to such other address that may be designated by the receiving party in writing. All Notices shall be delivered by personal delivery, nationally recognized overnight courier (with all fees pre-paid), facsimile (with confirmation of transmission) or email (return receipt or proof of delivery required) or certified or registered mail (in each case, return receipt requested, postage prepaid). Except as otherwise provided in this Agreement, a Notice is effective only (a) upon receipt of the receiving party, and (b) if the party giving the Notice has complied with the requirements of this Section.

24. Severability. If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.

25. Survival. Provisions of these Terms, which by their nature should apply beyond their terms, will remain in force after any termination or expiration of this Agreement including, but not limited to, the following provisions: Confidentiality, Governing Law, Arbitration, and Survival.

26. Amendment and Modification. This Agreement may only be amended or modified in a writing which specifically states that it amends this Agreement and is signed by an authorized representative of each party.

27. Recovery of Expenses. Jade Jaguar Marketing Services shall have the right to recover from the Customer all costs and expenses (including, but not limited to, attorneys’ fees) incurred by the Service Provider in enforcing the provisions of this Agreement.

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Updated: September 13, 2025