Terms & Conditions, Purchase & Refund Policy, Earnings & Advice Disclaimer 

Section 1: TERMS & CONDITIONS

YOUR CONSENT AND AGREEMENT

Please read these Terms and Conditions carefully.

The terms constitute an agreement between Jenny Oby, LLC. (d/b/a SensitiveMarketer.com, JennyOby.com, the “Site”, also referred to as “we,” “us” or “our”) and you governing your access to and use of the Site. By accessing or using the Site, you and any entity you are authorized to represent (“you”) agree to be bound by these terms.

In addition, these terms regulate the business relationship between you and Programs and services offered by Jenny Oby, LLC. When you purchase any Programs or Services offered by Jenny Oby, LLC. you agree to be bound by these Terms and Conditions.

The use of your personal information is governed by the terms of our Privacy Policy. The Privacy Policy is accessible via a link on the footer of this Site. If you do not agree to be bound by the privacy policy, or by Terms of Use outlined below, please do not use or access this Site. 

CHANGES TO TERMS AND CONDITIONS

We reserve the right to update these Terms and Conditions at any time. Any changes shall become part of the Terms and Conditions and shall apply as soon as such a notice is posted. By continuing to use the Site after any updates are made to the Terms and Conditions, you accept the Terms and Conditions as modified. You should review these Terms periodically to see if any changes have been made. These Terms and Conditions were last modified on August 4, 2024.

Section 1: PAYMENT & REFUNDS

All services and Programs are billed in USD.

Payment shall be made using Stripe, Square, PayPal, or ThriveCart, which process through our secure checkout page.

1 - PURCHASES ARE FINAL

  • To avoid any misunderstandings regarding the scope of the offer, please be sure to read all sales and/or checkout pages carefully.

  • There are no refunds or reimbursements for any program, for any reason, so please take your time and be absolutely sure about the purchase before you go to the checkout page. When in doubt, pause.

  • If you'd like to chat with me about whether an offering is right for you, you may use the Contact Form, or the Telegram button in the lower right corner of the site (which will take you to my DMs in Telegram). We can have a relaxed chat about your questions — zero pressure.

1a. REFUND POLICY FOR ONE-ON-ONE MENTORING

Due to the intense time and dedication involved in Jenny's 1:1 mentoring packages, no refunds are issued after purchase.

1b. REFUND POLICY FOR VOICE MESSAGING MENTORING OR LASER COACHING PACKAGES

Due to the intense time and dedication involved in Jenny’s Voice Messaging Mentoring and Laser Coaching Packages, no refunds (full or partial) are issued after purchase.  This includes any refunds for unused time. (For example, if you purchase a 6-month package, and request a refund after 3 months, none will be issued, including any partial refunds.  Or if you do not use the program for two weeks out of a month, no refunds will be issued for that unused time.)

1c. REFUND POLICY FOR GROUP COACHING OR MENTORING PACKAGES

Due to the intense time and dedication involved in Jenny's group coaching or mentoring packages, no refunds (full or partial) are issued after purchase.

1d. REFUND POLICY FOR SEMINARS, WEBINARS, WORKSHOPS

Due to the intense time and dedication involved in Jenny's 1:1 seminars, webinars, and workshops, no refunds (full or partial) are issued after purchase.

2 - PAYMENT PLANS For Group Programs, Courses, Or 1:1 Mentoring

  • When you purchase via a payment plan, you are acknowledging that the payment plan is extended as a courtesy and you are responsible for completing your payments timely until the entire balance has been paid in full (even if you decide to discontinue your participation in the offering).

  • Please carefully note the day of the month you enrolled, as your monthly payments will be charged on or around this date (usually in 30-day intervals).

  • If you select the annual payment option, each payment is due on the same date each year.

  • Ensure that sufficient funds are available prior to the charging date.

  • If you need to change your card before a payment is due, you may update your card info here.

  • If we are unable to charge your card on a monthly or yearly option, you’ll be notified.

  • In the case of group programs or courses with monthly due dates, a second attempt will be made 7-10 days after the original due date. Should this charge also fail, your access to the program will be paused until the owed installment is paid in full.

  • In the event that your yearly payment is not received on the date due, your access to the Program and community will end and we reserve the right to revoke your access immediately and permanently. 

  • In the case of 1:1 mentoring, a second attempt will be made 7-10 days after the original due date.  Access to materials and coaching/mentoring calls & activities (DMs, Loom feedback, etc.) will immediately be paused until the owed installment is paid in full.  A 5% late fee may be assessed on the installment being paid late.

  • Please understand that, as a solopreneur with minimal assistance, I have to keep this policy in place in order to minimize the extremely time-consuming process of chasing failed payments.

3 - INVOICES For 1:1 Mentoring

  • In some cases, I offer monthly payment plans for 1:1 Mentoring via invoicing – which means that you are responsible to pay your invoice each month (it is not automatically charged to your card).  

  • Late payments will result in immediate pause to coaching/mentoring calls & activities (DMs, Loom feedback, etc.) until the owed installment is paid in full.  A 5% late fee may be assessed on the installment being paid late.  

4 - LATE FEES & COLLECTION FEES

I understand that there are sometimes extenuating circumstances that arise and interfere with your ability to pay.  In these cases, I encourage open communication so that we may have a healthy discussion.

However, please also be aware that, in all but the most dire circumstances (death in the family, for example), a late fee may be assessed:

  • A late fee of 5% may be assessed when automatically scheduled payments fail. 

  • A late fee of 5% may be assessed when invoices are not paid timely and in full.  

If you completely default on your payments, we may initiate collection proceedings.  You’ll be responsible for any fees associated with collection proceedings.

5 - CHARGEBACKS

  • By making your purchase, you agree that you will not perform a "chargeback" on any fees paid for programs or services.

  • You acknowledge that, should you do so, we will contest the chargeback and request that you pay any legal fees associated with the recovery of our funds.

  • And again, to reassure you — we have never had a client perform a chargeback. Our clients — like you — are fiscally responsible, and make purchases mindfully. :)

6 - PRE-SALE & EARLY BIRD PRICING

Occasionally, I'll offer "pre-sale" or "early bird" pricing.

Unfortunately, if you miss the deadlines for the early pricing, we are unable to backdate that rate.

Be sure to read all sales pages carefully, and note the deadlines so you don't miss out.

7 - COURSE / PROGRAM ACCESS; LIFETIME ACCESS

You have ongoing access to the ‘current version’ of the course or program you are purchasing.

In many cases, I've stated on the sales page that you'll have "lifetime access" to the learning materials.

It is important to note that "lifetime access" is a term that refers to the life of the business and/or of the program – not to my lifetime, nor to yours. :) While I intend to be in business a very long time ... it can't hurt for you to download your own copy of the learning materials, just in case.

If I decide to remove the course from my general offerings (and therefore from my learning portal), I'll notify you so that you can download your materials before I do so.

8 - COUPON CODES

  • Occasionally, I offer coupon codes for courses or programs.

  • When this is the case, please be absolutely sure that you see the discount taken off in the "total" line BEFORE you complete the purchase.

  • There are no reimbursements or refunds given for any reason if you fail to enter the proper coupon code at the checkout and be sure that the discount is applied.

  • Unfortunately, this policy is firm, because we incur a cost on our end for processing refunds, issuing new codes, and reconciling the resulting additional transactions in our accounting system.

  • If a coupon code is no longer working, then it has expired and cannot be backdated.

Section 2: COACHING & SERVICES AGREEMENT (‘Agreement’)

By clicking "I Agree”, emailing your statement of agreement, entering your credit card information, making payment, or otherwise enrolling, electronically, verbally, or otherwise, in the coaching or mentoring services (“Services”), course or program (“Program”), you ("Client") are entering into a legally binding agreement with Jenny Oby, LLC ("Coach"), according to the following terms and conditions:

“Client” means the person or business, as relevant, engaging the Services;

“Coach” means Jenny Oby of Jenny Oby, LLC, 9393 N. 90th Street #102-157, Scottsdale, Arizona, USA 85258.

1 - CONFIDENTIALITY

You, the Client, may be providing me, the Coach, with confidential information regarding your business or proprietary methodology.  I agree to keep that information confidential.

2 - INTELLECTUAL PROPERTY

2a. INTELLECTUAL PROPERTY

I have worked hard to create original content with which to teach or mentor you.  My teaching / coaching / mentoring materials are my copyrighted intellectual property and may only be used in the context of coaching between you and Jenny Oby, LLC. 

Any intellectual property which may be developed, written, designed, or provided to you during the performance of the Services will remain at all times my proprietary property.

You may not reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of the Program (including course materials), use of the Program, or access to the Program. 

You may not use the resources I provide to you in any capacity outside of our work together without my written consent (including using them to teach your own clients).  

2b. RELEASE 

From time to time the Coach may use photos, videos, sound recordings and other sample images or content (together 'Content') taken from sessions, classes, or functions that the Coach organizes. Some of this Content may be used for marketing, advertising and promotional business purposes and at no time will compensation be provided to the Client for any such use. 

By signing up for the Services and agreeing to the Terms, the Client hereby grants such release to the Coach to use such Content. If the Client does not wish to have their Content used, they must notify the Coach in writing of their request. Client consents to recordings being made of courses and the Program. Coach reserves the right to use, at its sole discretion, course materials, videos and audio recordings of courses or sessions, and materials submitted by Client in the context of the Services for future lecture, teaching, and marketing materials, and further other goods/services provided by Coach, without compensation to the Client. Client consents to its name, voice, likeness, and Content being used by Coach for future lecture, teaching, and marketing materials, and further other goods/services provided by Coach, without compensation to the Client. 

3 - SERVICES

I agree to provide Services to you in a professional manner and in accordance with generally accepted industry practice and standards.

3a. DELIVERY OF SERVICES

In the case of group or 1:1 coaching / mentoring, these services may be provided face-to-face, or by telephone or alternative means, such as Skype, Zoom, or other video conferencing methods.  

You, the Client, are responsible for ensuring that you have the appropriate facilities available to avail yourself of these Services.

3b. SCHEDULING OF 1:1 SESSIONS

In the case of 1:1 mentoring, all sessions must be scheduled in advance using the scheduling link provided by me. 

You must use all of your sessions within the timeframe of your coaching package.  Any unused sessions may be forfeited.

You may occasionally find you need to reschedule sessions, but please note that rescheduled sessions must be changed no later than 48 hours prior to the originally scheduled date and time, and must also be used within the timeframe of your coaching package.

3c. NON-TRANSFERRABILITY OF SERVICES

The Programs and Services are non-transferrable and apply only for and to you, the Client.  At no time may they be transferred to any other third party, group or entity.

4 - WARRANTIES AND REFUNDS

As your Coach, I warrant that the work I will perform to provide Services will be done to a high standard in accordance with best practices.  

As my Client, you warrant that provide all relevant information required for me to carry out the Services in a timely manner.

You, the Client, acknowledge and agree that results of the Services vary from individual to individual. For this reason, performance, progress and success of any particular Services is reliant on the Client and individual to meet their own requirements. 

5 - DISPUTES

5a. DISPUTES

If at any time any aspect of the Services are not reasonably acceptable to the Client, or both parties disagree on the quality, substance, or the parties disagree for any reason on the Services, the Client will immediately notify the Coach of any such reason, the specifics and will give a reasonable opportunity for the Coach to respond and address any concerns. Feedback and discussion are important to the sessions and provision of the Services and it is up to the Client to provide such feedback in order to give the Coach an opportunity to resolve any issue quickly and effectively.

5b. NON-DISPARAGEMENT

If a dispute arises, both parties agree that confidentiality is paramount to the reputation of both the Client and the Coach. At no time will any communications or discussions regarding disputes between the parties be made public, this includes but is not limited to any social media websites of either party. Any public discussion or comments regarding disputes between the parties are considered defamatory, negative or otherwise damaging and will be the subject of compensation in any mediation or litigation claim.

5c. ARBITRATION

In the event of any dispute on the work, quality or ownership that cannot be resolved, both parties agree to obtain an independent professional arbitrator/dispute resolution specialist to make a determination on the dispute and each of us agrees to pay our own costs.

Section 3: EARNINGS AND INCOME DISCLAIMER

We make every effort to accurately represent our products and services. Earnings and income statements made by SensitiveMarketer.com or JennyOby.com (the “Site”, referred to as “we,” “us” or “our”) and its advertisers / sponsors are estimates only of what we think you can possibly earn.

Acting on information provided on the Site or social media channels, or purchasing any of our products / services offered, does not guarantee earnings. Our Site, and products / services offered are not designed to be a “get rich scheme.” We have no way of knowing how well you will do as any potential success will be influenced by a wide variety of factors including, but not limited to the following: your background, business expertise, overall knowledge and skill set, dedication to the program / service, or general work ethic. Consequently, we cannot guarantee any success or projected income level. We are not responsible for any actions you may take as a result of our programs, services or information found on the Site and you must accept the risk of not doing well.

While we may make forward-looking statements from time to time, these statements are in no way a guarantee or promise of what you may actually achieve. Any earning or income statements, or examples provided on our Site are only examples and estimates of what we feel you could earn or how you could increase your revenue. These forward-looking statements are based on true success stories of what others have accomplished using our products / services and are in no way a guarantee or promise of what you may actually achieve. To reiterate, the forward-looking statements may be exceptional results which may not apply to the average person and are not intended to guarantee, promise, represent and/or assure that you will achieve similar results from the information provided in our products / services or on our Site.

ADVICE DISCLAIMER

Please be aware that all the information contained on the Site or shared via any medium (including, but not limited to, video, one-on-one support, digital products, emails, blog posts, comments, Programs, etc.) does not at any time replace the services of qualified professionals in the financial, medical, and mental health fields. Your consumption of material on this Site, and any actions you choose to undertake as a result, are of your own volition. We and our affiliates accept no responsibility whatsoever for any injury, illness, death, economic hardship or other outcome that may result from your actions.