TERMS OF SERVICE AND SECURITY & EARNINGS DISCLAIMER
TERMS OF SERVICE ("terms and conditions," “terms of use," or “terms of service")
Welcome to JKopjoe Consulting LLC: doing business as Kopjoe Consulting “Kopjoe Consulting”, doing business as Lifetime of Care Plan “Lifetime of Care Plan”.
BY VISITING kopjoeconsulting.com or lifetimeofcareplan.com, YOU ARE CONSENTING TO OUR TERMS OF SERVICE.
OVERVIEW
By using this website, referred to as this “Site,” all visitors, referred to as “user,” “you,” “your,” and “client,” are bound by these Terms of Service. The terms “we,” “us,” and “our” refer to JKopjoe Consulting LLC (the “Company”), the owner of kopjoeconsulting.com and lifetimeofcareplan.com. Accessing this Site constitutes a use of the Site and acceptance of the Terms provided herein.
By using this Site, you agree to these Terms of Service without modification and acknowledge reading them. We reserve the right to change these Terms of Service or impose new conditions on the use of the Site from time to time, in which case we will post the revised Terms of Service on this Site. By continuing to use the Site after we post any such changes, you accept the new Terms of Service with the modifications.
SITE USE
To access or use the Site, you must be 18 years or older and have the requisite power and authority to enter into these Terms of Service. In order to use the Site, you may be required to provide information about yourself including your name, email address, and other personal information. You agree that any registration information you give to the Company will always be accurate, correct and up to date. You must not impersonate someone else or provide account information or an email address other than your own. Your account must not be used for any illegal or unauthorized purpose. You must not, in the use of the Site, violate any laws in your jurisdiction.
You may use the Site for lawful purposes only. You shall not post or transmit through the Site any material that violates or infringes the rights of others, or which is threatening, abusive, defamatory, libelous, invasive of privacy or publicity rights, vulgar, obscene, profane, or otherwise objectionable, contains injurious formulas, recipes, or instructions, which encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any law.
PURCHASE AND REFUND POLICY
By clicking “Buy Now,” “Purchase,” or any other phrase on the purchase button, or entering your credit card or payment information, or otherwise enrolling, electronically, verbally, or otherwise, you (“Client”) agree to be provided with products, programs, coaching, or services by the Company unless a separate Terms of Purchase Agreement is provided at purchase.
Refunds: No refunds will be given for any products or services purchased online unless otherwise specified in a separate Terms of Purchase Agreement.
INTELLECTUAL PROPERTY AND CLIENT WORK OWNERSHIP
The Site contains intellectual property owned by JKopjoe Consulting LLC, including, without limitation, trademarks, copyrights, proprietary information, and other intellectual property, as well as the JKopjoe Consulting LLC / kopjoeconsulting.com or lifetimeofcareplan.com logos, all designs, text, graphics, photographs, other files, and the selection and arrangement thereof.
All work produced for clients by JKopjoe Consulting LLC remains the exclusive property of the Company until full payment is received. Upon receipt of full payment, ownership or a non-exclusive, non-transferable, revocable license for the work will be granted as outlined in the specific agreement with the client. This license is solely for the client's internal business purposes and does not allow modification, distribution, or sharing of the work outside of the client’s company without prior written permission from JKopjoe Consulting LLC. Unauthorized use of the work will result in the immediate termination of the license and possible legal action.
You may view, print, and/or download one copy of the materials from this website on any single computer solely for your personal, informational, non-commercial use, provided you keep intact all copyright and other proprietary notices.
You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works from, distribute, display, reproduce or perform, or in any way exploit, in any format whatsoever, any of the Site content or intellectual property, in whole or in part, without our prior written consent. We reserve the right to immediately remove you from the Site, without refund, if you are caught violating this intellectual property policy.
LIMITATION OF LIABILITY
YOU AGREE THAT UNDER NO CIRCUMSTANCES SHALL WE BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, EXEMPLARY, OR ANY OTHER DAMAGES ARISING OUT OF YOUR USE OF THE SITE, PRODUCT, OR SERVICE. ADDITIONALLY, JKOPJOE CONSULTING LLC IS NOT LIABLE FOR DAMAGES IN CONNECTION WITH (I) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, DENIAL OF SERVICE, ATTACK, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, OR LINE OR SYSTEM FAILURE; (II) LOSS OF REVENUE, ANTICIPATED PROFITS, BUSINESS, SAVINGS, GOODWILL OR DATA; AND (III) THIRD-PARTY THEFT, DESTRUCTION, UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF YOUR INFORMATION OR PROPERTY, REGARDLESS OF OUR NEGLIGENCE, GROSS NEGLIGENCE, FAILURE OF AN ESSENTIAL PURPOSE AND WHETHER SUCH LIABILITY ARISES IN NEGLIGENCE, CONTRACT, TORT, OR ANY OTHER THEORY OF LEGAL LIABILITY. THE FOREGOING APPLIES EVEN IF JKOPJOE CONSULTING LLC HAS BEEN ADVISED OF THE POSSIBILITY OF OR COULD HAVE FORESEEN THE DAMAGES. IN THOSE STATES THAT DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, OUR LIABILITY IS LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY LAW. IN NO EVENT SHALL JKOPJOE CONSULTING LLC CUMULATIVE LIABILITY TO YOU EXCEED $100.
THIRD PARTY RESOURCES
The Site may contain links to third-party websites and resources. You acknowledge and agree that we are not responsible or liable for the availability, accuracy, content or policies of third party websites or resources. Links to such websites or resources do not imply any endorsement by or affiliation with the Company. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources. Certain services made available by Kopjoe Consulting or Lifetime of Care Plan are delivered by third-party sites and organizations. By using any product, service, or functionality originating from the kopjoeconsulting.com or lifetimeofcareplan.com domain, you hereby acknowledge and consent that JKopjoe Consulting LLC may share such information and data with any third party with whom JKopjoe Consulting LLC has a contractual relationship to provide the requested product, service, or functionality on behalf of https://kopjoeconsulting.com or https://lifetimeofcareplan.com users and customers.
INDEMNIFICATION
You shall indemnify and hold JKopjoe Consulting LLC, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to their use of our services, or any breach of these Terms of Service by the client, as well as third party claims and causes of action, including, without limitation, attorneys’ fees, arising out of any breach by you of any of these Terms of Service, or any use by you of the Site. You shall provide us with such assistance, without charge, as we may request in connection with any such defense, including, without limitation, providing us with such information, documents, records and reasonable access to you, as we deem necessary. You shall not settle any third-party claim or waive any defense without our prior written consent. This indemnification obligation survives the termination of these Terms of Service.
RELEASE OF CLAIMS
In no event will the Company be liable to any party for any type of direct, indirect, special, incidental, or consequential damages for any use of or reliance on our Site or its Content. You hereby release the Company from any and all claims including those related to personal or business interruptions, misapplication or information, or any other loss, condition, or issue.
ONLINE COMMERCE
Certain sections of the Site or its Content may allow you to make purchases from us or from other merchants. If you make a purchase from us on or through our Website or its Content, all information obtained during your purchase or transaction and all of the information that you give as part of the transaction, such as your name, address, method of payment, credit card number, and billing information, may be collected by both us, the merchant, and our payment processing company.
Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Website, all purchase terms, conditions, representations or warranties associated with payment, refunds, and/or delivery related to your purchase, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters of any sort that incurred as the result of such dealings with a merchant.
We have no responsibility or liability for these independent policies of the payment processing companies and Merchants. In addition, when you make certain purchases through our Site or its Content, you may be subject to the additional terms and conditions of a payment processing company, Merchant or us that specifically apply to your purchase. For more information regarding a Merchant and its terms and conditions that may apply, visit that merchant’s Website and click on its information links or contact the Merchant directly.
You release us, our affiliates, our payment processing company, and merchants from any damages that you incur, and agree not to assert any claims against us or them, arising from your purchase through or use of our Website or its Content.
GOVERNING LAW; VENUE; MEDIATION
This Agreement shall be governed by and construed in accordance with the laws of the State of Michigan within United States of America, regardless of the conflict of laws principles thereof.
If a dispute is not resolved first by good-faith negotiation between the parties to this Agreement, any controversy or dispute to this Agreement will be submitted to the American Arbitration Association. The arbitration shall occur within ninety (90) days from the date of the initial arbitration demand and shall take place in Lansing, MI or via telephone. The Parties shall cooperate in exchanging and expediting discovery as part of the arbitration process and shall cooperate with each other to ensure that the arbitration process is completed within the ninety (90) day period. The written decision of the arbitrators (which will provide for the payment of costs, including attorneys’ fees) will be absolutely binding and conclusive and not subject to judicial review, and may be entered and enforced in any court of proper jurisdiction, either as a judgment of law or decree in equity, as circumstances may indicate.
SEVERABILITY
Suppose any term, provision, covenant, or condition of this Agreement is held by an arbitrator or court of competent jurisdiction to be invalid, void, or unenforceable. In that case, the rest of the Agreement shall remain in full force and affect and shall in no way be affected, impaired, or invalidated.
ASSIGNMENT
These Terms of Service bind and inure to the benefit of the parties’ successors and assigns. These Terms of Service are not assignable, delegable or otherwise transferable by you. Any transfer, assignment or delegation by you is invalid.
ENTIRE AGREEMENT; WAIVER; HEADINGS
This Agreement constitutes the entire agreement between you and JKopjoe Consulting LLC pertaining to the Site and Service and supersedes all prior and contemporaneous agreements, representations, and understandings between us. No waiver of any of the provisions of this Agreement by JKopjoe Consulting LLC shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver shall be binding unless executed in writing by JKopjoe Consulting LLC. The subject headings of this Agreement are included for convenience only and shall not affect the construction or interpretation of any of its provisions.
INTELLECTUAL PROPERTY PROTECTION
Unless explicitly agreed in writing, all materials created by JKopjoe Consulting LLC for a client shall remain the exclusive property of JKopjoe Consulting LLC.
Client may use the work produced for them under a non-exclusive, non-transferable, revocable license solely for their company's internal business purposes. This license does not allow the client to modify, distribute, or share the work outside of their company without prior written permission from JKopjoe Consulting LLC, thereby protecting the intellectual property from unauthorized reuse or distribution.
CLIENT WORK OWNERSHIP
All work provided by JKopjoe Consulting LLC remains the exclusive property of JKopjoe Consulting LLC until full payment has been received. Upon receipt of full payment, ownership or a license for the work will be granted as outlined in the specific agreement with the client. Unless otherwise agreed in writing, clients are granted a non-exclusive, non-transferable, and revocable license to use the work solely for their internal business purposes. Unauthorized use, modification, or distribution of the work is strictly prohibited.
CONFIDENTIALITY
Client Obligations
Clients agree to maintain the confidentiality of any proprietary information or trade secrets shared by JKopjoe Consulting LLC. Such information shall not be disclosed to any third party without the prior written consent of JKopjoe Consulting LLC. This obligation shall survive the termination of the agreement.
Non-Disclosure Agreement (NDA)
Clients may be required to sign a Non-Disclosure Agreement (NDA) before receiving any proprietary materials, strategies, or other confidential information from JKopjoe Consulting LLC. The NDA will further define the scope of confidentiality obligations between the parties.
LIMITATION OF LIABILITY
Indemnification by Clients
Clients agree to indemnify and hold harmless JKopjoe Consulting LLC, its affiliates, and their respective officers, directors, employees, and agents from any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to their use of our services, or any breach of these Terms of Service by the client. This indemnification obligation shall survive the termination of these Terms of Service.
No Guarantee of Results
While JKopjoe Consulting LLC strives to provide services that meet client expectations and achieve specific outcomes, we do not guarantee any particular result. Success depends on various factors beyond our control; therefore, JKopjoe Consulting LLC is not liable for any unmet expectations or outcomes.
DATA SECURITY
Data Protection Measures
JKopjoe Consulting LLC takes the security of client data seriously. We implement industry-standard measures such as encryption, secure servers, and restricted access protocols to protect client information from unauthorized access, disclosure, or misuse. By using our services, clients acknowledge and agree to these security measures.
TERMINATION CLAUSE
Rights Upon Termination
In the event of termination of the agreement between the client and JKopjoe Consulting LLC (DBA Kopjoe Consulting) or (DBA Lifetime of Care Plan), any intellectual property or work in progress shall remain the property of JKopjoe Consulting LLC until full payment is received. Upon termination, clients will lose access to any services or materials provided, and any unpaid work may not be used by the client in any capacity.
DISPUTE RESOLUTION
Any disputes arising out of or relating to these Terms of Use, including any disputes regarding intellectual property rights or data breaches, shall be resolved through binding arbitration administered by the American Arbitration Association. The arbitration shall occur within ninety (90) days of the initial arbitration demand and shall take place in Lansing, MI, or via telephone. The arbitrator’s decision shall be final and binding, and judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
FORCE MAJEURE
JKopjoe Consulting LLC shall not be liable for any failure to perform its obligations under these Terms of Service due to unforeseen circumstances or causes beyond its control, including but not limited to acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fires, floods, accidents, or strikes.
REVIEW AND UPDATE
JKopjoe Consulting LLC reserves the right to review and update these Terms of Service regularly to ensure compliance with current laws and regulations, including but not limited to data protection laws such as GDPR and CCPA. Clients are encouraged to review these Terms periodically to stay informed of any changes. Continued use of our services after such updates constitutes acceptance of the revised Terms.
If you have any questions or concerns regarding these Terms of Service, please email: jkopjoe@outlook.com.
Updated: 8/29/2024
DISCLAIMERS
JKopjoe Consulting LLC
By using kopjoeconsulting.com or lifetimeofcareplan.com, referred to as this “Site”, all visitors, referred to as “user”, “you” and “your” are bound by these Disclaimers. The terms “we,” “us,” and “our” refer to JKopjoe Consulting LLC (the “Company”), owner of kopjoeconsulting.com and lifetimeofcareplan.com. Accessing this Site constitutes a use of the Site and an acceptance to the Disclaimers provided herein.
The Company makes no representation or warranty that the information provided, regardless of its source (the “Content”), is accurate, complete, reliable, current, or error-free. The Company disclaims all liability for any inaccuracy, error or incompleteness in the Content.
By participating in and/or reading this website and/or other Content, including but not limited to blog, email, videos, live streams, webinars, and/or teleseminars, you acknowledge that the Company cannot guarantee the outcome of services and/or recommendations within the Content and any comments about the outcome are expressions of opinion only. The Company cannot make any guarantees other than to deliver information, education, and services purchased as described.
By participating in/reading Company’s Content, you acknowledge the Company and its representatives are not medical professionals, licensed psychologists, attorneys, or financial advisers, and the services or information provided here do not replace the care of medical or other licensed professionals. Any information provided here is in no way to be construed or substituted as medical advice or psychological counseling or any other type of therapy or advice.
You acknowledge that the Company has not and does not make any representations as to the future income, outcomes, sales volume or potential profitability or loss of any kind that may be derived as a result of use of the Company’s website, programs, products or services. Testimonials, earnings, or examples shown through Company’s website, programs, and/or services are only examples of what may be possible. There can be no assurance as to any particular financial outcome based on the use of the Company’s programs and/or services.
If you have any questions or concerns regarding these Disclaimers, please email: jkopjoe@outlook.com
Updated: 4/1/2025