Terms & Conditions
IMPORTANT – Please carefully read and understand these terms of use and Terms & Conditions of sale before accessing, using, subscribing, or placing an order over www.jeromemaldonado.com. These terms contain disclaimers of warranties and limitations of liabilities (see sections 16 and 17). These terms form an essential basis of our agreement. Please print and retain a copy of this agreement for your records. The use of www.jeromemaldonado.com (hereafter “Website”), which is owned and maintained by Zinra LLC (“Jerome Maldonado,” “Jerome,” “we,” “our,” “us”), is governed by the policies, terms, and conditions set forth below. Please read them carefully. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms, conditions, policies, and notices stated here. By accessing, using, subscribing, or placing an order over the Website, you agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.
This is a binding agreement. These terms of use and Terms & Conditions of sale (“Terms”) together with our privacy policy and return/exchange policy form a legally binding agreement (“Agreement”) between you (“you” or “customer”) and Zinra LLC and should be read carefully. This agreement governs your access to and use of the website and the services provided by Zinra LLC, any order you place through the website, by telephone, or other accepted method of purchase and, as applicable, your use or attempted use of the products or services offered on or available through the website.
This agreement contains arbitration and class action waiver provisions that waive your right to a court hearing, right to a jury trial, and right to participate in a class action. Arbitration is mandatory and is the exclusive remedy for any and all disputes unless specified below in section 18 or if you opt-out. Please carefully review the dispute resolution provisions in section 18 below which also describes your right to opt-out.
Zinra LLC reserves the right to update and change, from time to time, these Terms and all documents incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to check this page periodically for changes. You can find the most recent version of these Terms at https://jeromemaldonado.com/terms-conditions/. Use of the Website after such changes constitutes acceptance of such changes. Any new features or tools which are added to the current Website shall also be subject to the Terms.
Table of Contents:
- Website Use
- Website User Conduct And Restrictions
- Our Privacy Policy And Your Personal Information
- Information You Provide; Registration; And Passwords
- Order Placement And Acceptance; Method Of Payment
- Products And Prices Available On The Website
- Testimonials, Reviews, And Pictures/Videos
- Disclaimers Of Warranties
- Limitations Of Liabilities
- Dispute Resolution By Mandatory Binding Arbitration And Class Action Waiver
- Zinra LLC Additional Remedies
- Indemnification
- Notice And Takedown Procedures; Copyright Agent
- Third-Party Links
- Termination
- No Waiver
- Governing Law And Venue
- Force Majeure
- Assignment
- Electronic Signature
- Changes To The Agreement
- Your Additional Representations And Warranties
- Severability
- Entire Agreement
- Contacting Us
- Refund Policy
- SMS Terms And Conditions
- Build Wealth Mastermind Terms & Conditions and Agreement
SECTION 1 – WEBSITE USE
The Website is intended for adults only. In order to use the Website, you must be 18 years of age or the legal age of majority in your state or province of primary residence, whichever is greater, and also have the legal capacity to enter into a contract with us. The Website is not intended for children and no person under the age of 18 may use the Website. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), have the legal capacity to enter into a binding contract with us, and have read this Agreement and understand and agree to its terms.
SECTION 2 – WEBSITE USER CONDUCT AND RESTRICTIONS
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual property laws, including all design elements, text material, logos, taglines, metatags, hashtags, photographic images, personal stories, Zinra LLC icons, video and audio clips, coaching sessions, and downloads. No material on or provided through the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or transmitted in any way whatsoever. The Zinra LLC trademark and logo are proprietary marks of Zinra LLC, and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Zinra LLC. Notwithstanding the foregoing, you may print off information about your purchases for your personal use only. Commercial use of such information is strictly prohibited.
Subject to your continued strict compliance with all Terms, Zinra LLC provides to you a revocable, limited, non-exclusive, royalty-free, non-sublicensable, non-transferable license to use the Website. Notwithstanding the foregoing license grant, you hereby acknowledge and agree that: (1) the Website contains copyrighted material, trademarks, and other proprietary information including text, software, photos, video, graphics, music and sound, and that the entire contents of the Website are copyrighted as a collective work under the United States copyright laws; (2) Zinra LLC is the exclusive owner of the copyright and all other intellectual property rights in the entire Website; (3) Zinra LLC owns a copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it; (4) Each third party content provider owns the copyright in content original to it; (5) You may not modify, publish, transmit, display, participate in the transfer or sale, create derivative works, or in any way exploit the content of the Website or any portion of it; (6) Except as otherwise expressly permitted under copyright law, you may not copy, redistribute, publish, display or commercially exploit any material from the Website without the express written permission of Zinra LLC and, if applicable, the copyright owner; and (7) In the event of any permitted copying, redistribution or publication of material from the Website, no changes in or deletion of author attribution, trademark, legend or copyright notice shall be made. You further acknowledge and agree that you do not acquire any ownership rights by downloading or copying copyrighted material or any other material protected by intellectual property laws. All trademarks appearing on the Website are the exclusive property of their respective owners, including, in some instances, Zinra LLC and/or affiliated companies.
You agree not to use or attempt to use the Website in any unlawful manner. You further agree not to commit any unlawful act or attempt to commit any unlawful act on or through the Website including, but not limited to: (1) hacking and other digital or physical attacks on the Website; (2) publishing vulgar, obscene, or defamatory material; or (3) any other unlawful act.
SECTION 3 – OUR PRIVACY POLICY AND YOUR PERSONAL INFORMATION
We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website and online store is governed by our Privacy Policy. Our privacy policy may be viewed at https://jeromemaldonado.com/privacy-policy/. Zinra LLC reserves the right to modify its Privacy Policy at its reasonable discretion from time to time. Our privacy policy is incorporated into this Agreement by reference.
SECTION 4 – INFORMATION YOU PROVIDE; REGISTRATION; USER NAMES AND PASSWORDS
As a Zinra LLC user, you will be required to create an account with Zinra LLC. You warrant that the information you provide us is truthful and accurate and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Zinra LLC user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. You are fully responsible for all transactions with, and information conveyed to, Zinra LLC under your user account. You agree to immediately notify Zinra LLC of any unauthorized use of your password or user name or any other breach of security related to your user account. You agree that Zinra LLC is not liable, and you will hold Zinra LLC harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 20 below for additional information.
SECTION 5 – ORDER PLACEMENT AND ACCEPTANCE; METHOD OF PAYMENT
You agree that any products or services that you purchase from us and/or our Website will be used for your personal, non-commercial use. You agree that you will not resell, re-distribute, or export any product that you order from the Website.
Zinra LLC does not accept orders from dealers, wholesalers, or customers who are resellers or who intend to resell items offered on the Website. If we discover that you are placing orders with the intent to resell items offered on the Website, we will immediately cancel your order, suspend or terminate your account, and, at our option, pursue any and all available legal remedies from you under applicable law. To the extent your conduct may be fraudulent, such as attempting to purchase or purchasing products through the use of fake or stolen cards, Zinra LLC will report you to federal, state, and/or local enforcement authorities and take any additional legal action deemed appropriate by Zinra LLC.
We reserve the right to limit the sales of our products to any person, geographic region, or jurisdiction. We may exercise this right on a case-by-case basis at our sole and exclusive discretion.
All advertised prices are in, and all payments shall be in U.S. Dollars.
SECTION 6 – PRODUCTS, SERVICES, AND PRICES AVAILABLE ON THE WEBSITE
Zinra LLC reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.
Zinra LLC takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions before shipping or cancel your order and notify you of such cancellation.
When ordering products, please note that Zinra LLC does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. If any item described on the Website is not as described when you receive it, or the packaging on the Website does not match what you receive, your sole remedy is to contact info@jeromemaldonado.com. Zinra LLC descriptions of, or references to, products or services not owned by Zinra LLC are not intended to imply endorsement of that product or constitute a warranty by Zinra LLC unless expressly stated on the Website.
SECTION 7 – TESTIMONIALS, REVIEWS, AND PICTURES/VIDEOS
Zinra LLC is pleased to hear from users and welcomes your comments regarding our services. Zinra LLC may use testimonials and/or product reviews in whole or in part together with the name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to Zinra LLC’s services or products, in printed and online media, as Zinra LLC determines in its absolute discretion. Testimonials represent the unique experience of the customers submitting the testimonial and do not necessarily reflect the experience that you may have using our products.
You alone are responsible for any communication, message, and/or other content that you post, upload, submit, transmit, or share with Zinra LLC on this Website, by electronic mail or otherwise, including but not limited to, any data, questions, comments, suggestions or the like (collectively “User Communications”). By transmitting or posting any User Communications, you represent and warrant that such User Communications are your own original work and will not infringe or violate any copyright, trademark, trade secret, rights of privacy, rights of publicity, or any other applicable laws. Zinra LLC does not endorse or sponsor any User Communications submitted by you or other customers.
You are prohibited from posting, uploading, submitting, sharing, or transmitting any unlawful, threatening, libelous, defamatory, obscene, inflammatory, pornographic, or profane material or any material that could constitute or encourage conduct that would be considered a criminal offense, give rise to civil liability or would otherwise violate the law. Zinra LLC will fully cooperate with any law enforcement authorities or court order requesting or directing Zinra LLC to disclose the identity of anyone posting any such information or materials. Subject to the terms and conditions set forth in our Privacy Policy, all User Communications will be treated as non-confidential and nonproprietary information. Accordingly, please do not post, upload, submit or share any User Communications you wish to be kept confidential or for which you expect compensation, acknowledgment, or attribution.
Anything that you submit or post to the Website and/or provide us, including without limitation, photographs, testimonials, ideas, know-how, techniques, questions, reviews, comments, and suggestions (collectively, “Submissions”) is and will be treated as non-confidential and non-proprietary, and we shall have the royalty-free, worldwide, perpetual, irrevocable and transferable right to use, copy, distribute, display, publish, perform, sell, lease, transmit, adapt, and create derivative works from such Submissions by any means and in any form, and to translate, modify, reverse-engineer, disassemble, or decompile such Submissions. All Submissions shall automatically become our sole and exclusive property and shall not be returned to you.
Additionally, Poulin reserves the right to correct grammatical and typing errors, to shorten testimonials prior to publication or use, and to review all testimonials prior to publication or use. Zinra LLC shall be under no obligation to use any, or any part of, any testimonial or product review submitted. If you submit a testimonial, you are confirming that you have read, understood, and agree to these Terms. If you disagree with any part of these Terms, do not submit a testimonial.
SECTION 8 – NO MEDICAL DIAGNOSIS OR TREATMENT
Jerome is committed to helping you improve your lifestyle. You understand, however, that products, services, and the statements on the website have not been evaluated by the food & drug administration or medical professionals, and our products, services, and the information on the website are not intended to diagnose, treat, cure or prevent any health problems, illnesses, or diseases. The information on the website or provided to you in emails or other communications is designed for informational purposes only and is not intended to be a substitute for informed medical advice or care. Zinra LLC products are not to be used to treat any type of medical condition or health problem. You agree that you either have consulted, or will consult, with a physician or doctor before using any of our products or trying any of our services, particularly if you suffer from any medical condition including, but not limited to, heart disease, high blood pressure, obesity, blood circulation problems, breathing problems, or any other conditions or disorders, and you agree that you will cease immediately from using our products if you experience any ill effects or unintended side effects of any product.
Zinra LLC endeavors to provide you with accurate information about products and services. You understand and agree that the information Zinra LLC conveys about products, services, and/or the efficacy of products or services is obtained from independent third parties such as news agencies, scientific reports, and scientific / research entities. Zinra LLC does not warrant or represent that such information is error-free, and Zinra LLC does not represent or endorse any third parties or the methods that they use to arrive at their conclusions. All product specifications, performance data, and other information on the website is for informational and illustrative purposes only, and do not constitute a guarantee or representation that the products will conform to such specifications or performance data. Zinra LLC does not warrant or represent that your results will match those of others who use our products or services.
The representations and product disclaimers described above are inapplicable where prohibited by law, including in New Jersey.
SECTION 9 – DISCLAIMERS OF WARRANTIES
Except where otherwise inapplicable or prohibited by law, including the state of New Jersey:
The website and all content are provided on an “as is”, “as available” basis without warranties of any kind, either express or implied, including but not limited to warranties of title or implied warranties of merchantability or fitness for a particular purpose. We make no, and expressly disclaim any and all, representations and warranties as to the reliability, timeliness, quality, suitability, availability, accuracy, and/or completeness of any information on this website. We do not represent or warrant, and expressly disclaim that: (a) the use of the website will be secure, timely, uninterrupted or error-free, or operate in combination with any other hardware, software, system or data, (b) the website or services will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the website will meet your requirements or expectations, (e) errors or defects in the website will be corrected, or (f) the website or the server(s) that make the website available are free of viruses or other harmful components. All conditions, representations, and warranties, whether express, implied, statutory, or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law.
SECTION 10 – LIMITATIONS OF LIABILITIES
You understand that there are inherent risks in participating in a program of strenuous exercise. Except where otherwise inapplicable or prohibited by law, including the state of New Jersey, if you sustain or claim to sustain any injury while participating in training, you acknowledge that Zinra LLC
(including its officers, directors, shareholders, employees, and agents) is not responsible. You agree that neither Zinra LLC (including its officers, directors, shareholders, employees, and agents), will be held liable in any way for injuries related to undeclared or unknown medical conditions. You agree that in no event shall Zinra LLC’ liability to you for any claim of any kind or description exceed the amount of three (3) times the payments paid by you to Zinra LLC for the month preceding the date in which the facts giving rise to a claim against Zinra LLC occurred. You expressly waive any right to indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs, or claims of any kind or description. This limitation of liability shall apply for all claims and all theories of liability advanced, regardless of whether Zinra LLC was aware of or advised in advance of the possibility of damages or such claims. Some states do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you and you may have additional rights. Notwithstanding anything in these terms to the contrary, this limitation of liability does not apply to consumers in New Jersey except where otherwise inapplicable or prohibited by law, including the state of New Jersey, in no event shall Zinra LLC or any of its officers, directors, shareholders, employees, independent contractors, telecommunications providers, and/or agents be liable for any indirect, special, incidental, exemplary, consequential, punitive, or any other damages, fees, costs or claims arising from or related to this agreement, the privacy policy, the products, your or a third party’s use or attempted use of the website or any product, regardless of whether Zinra LLC has had notice of the possibility of such damages, fees, costs, or claims. This includes, without limitation, any loss of use, loss of profits, loss of data, loss of goodwill, cost of procurement of substitute services or products, or any other indirect, special, incidental, punitive, consequential, or other damages. This applies regardless of the manner in which damages are allegedly caused, and on any theory of liability, whether for breach of contract, tort (including negligence and strict liability), warranty, or otherwise.
SECTION 11 – DISPUTE RESOLUTION BY MANDATORY BINDING ARBITRATION AND CLASS ACTION WAIVER
Please read this arbitration and class action waiver provision carefully. It requires you to arbitrate disputes with Zinra LLC and limits the manner in which you can seek relief from us. Except where prohibited by law, you agree that any claim that you may have in the future must be resolved through final and binding confidential arbitration. You acknowledge and agree that you are waiving the right to a trial by jury. The rights that you would have if you went to court, such as discovery or the right to appeal, may be more limited or may not exist. You agree that you may only bring a claim in your individual capacity and not as a plaintiff (lead or otherwise) or class member in any purported class or representative proceeding. You further agree that the arbitrator may not consolidate proceedings or claims or otherwise preside over any form of a representative or class proceeding. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages) and must follow the terms of these conditions of use as a court would.
Arbitration is a manner of resolving a “Claim” without filing a lawsuit. “Claim” means any dispute between you, Zinra LLC, or any involved third party relating to your account, your use of the Website, your relationship with Zinra LLC, these Terms, or the Privacy Policy. This includes any and all claims that relate in any way to your use or attempted use of the products, and any act or omission by Zinra LLC or any third-party related to your use or attempted use of the products. You, Zinra LLC, or any involved third party may pursue a Claim. Zinra LLC agrees to final and binding confidential arbitration should it have any Claims against you. Likewise, you agree to final and binding confidential arbitration should you have any Claims against Zinra LLC. By agreeing to arbitrate, you waive the right to go to court and agree instead to submit any Claims to final and binding confidential arbitration. You further agree that all claims must be arbitrated on an individual basis and not on a class basis, only individual relief is available, and that claims of more than one customer cannot be arbitrated or consolidated with those of any other customer. This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act (the “FAA”), 9 U.S.C. §§ 1-16, as amended. Notwithstanding anything to the contrary herein, (a) a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) must be arbitrated on a class basis, (b) in the event that the foregoing clause is deemed invalid or unenforceable, a representative action for public injunctive relief pursuant to California’s Consumer Legal Remedies Act (Cal. Civ. Code § 1750 et seq.), Unfair Completion Law (Cal. Bus. & Prof. Code § 17200 et seq.) and/or False Advertising Law (Cal. Bus. & Prof. Code § 17500 et seq.) may be brought in the state or federal courts located in Florida on a class basis, and (c) any claims other than for public injunctive relief must be arbitrated on an individual, non-class basis as otherwise set forth in this Section.
Exceptions
Notwithstanding the foregoing, and as an exception to final and binding confidential arbitration, you and Zinra LLC both retain the right to pursue, in small claims court, any claim that is within that court’s jurisdiction and proceeds on an individual (non-class) basis, including overdue account matters within the small claims court’s jurisdiction. Zinra LLC will not demand arbitration in connection with any individual claim that you properly file and pursue in a small claims court, so long as the claim is and remains pending in that court. The following claims shall not be subject to final and binding arbitration and must be adjudicated only in the state or federal courts located in Albuquerque, NM: (i) any dispute, controversy, or claim relating to the infringement or validity of our proprietary rights, including without limitation, trademarks, service marks, trade dress, copyrights, trade secrets, or patents, or the intellectual property rights of a third party; or (ii) an action by Zinra LLC for temporary, preliminary, or permanent injunctive relief, whether prohibitive or mandatory or other provisional relief, against you for breach or threatened breach of this Agreement. You expressly agree to refrain from bringing or joining any claims that are excluded from final and binding arbitration pursuant to this subsection “b” in any representative or class-wide capacity, including but not limited to bringing or joining any claims in any class action or any class-wide arbitration. Small claims matters may be filed in any small claims court with personal and subject matter jurisdiction over the parties. For all other matters excluded from final and binding arbitration by this subsection “b,” the parties consent to exclusive jurisdiction and venue in the state and federal courts located in Albuquerque, NM, and forever waive any challenge to said courts’ jurisdiction and venue.
Required Pre-Dispute Procedures
We acknowledge and agree that before initiating any Claim against the other, we agree to first contact the other with a written description of the dispute, which shall include all relevant documents and information, and the proposed resolution. You may send the written description of any dispute you have with us by U.S. Mail to Zinra LLC, Attn: PO Box 10218 Albuquerque NM 87184, with copy by e-mail to info@jeromemaldonado.com. Zinra LLC will contact you by letter at the billing address you provided to us or at the email address you provided to us. You agree to negotiate with Zinra LLC or its designated representative in good faith about your problem or dispute. If for some reason the dispute is not resolved within 60 days after receipt of the written dispute, we agree to the dispute resolution provisions below. Notwithstanding the foregoing or any other term of this arbitration agreement, we will have the right to seek injunctive or other equitable relief in state or federal court located in Albuquerque, NM to enforce these Terms or prevent an infringement of a third party’s rights or our intellectual property rights, as stated in subsection “b” above. You hereby expressly consent to, and forever waive any challenge to, the exclusive personal jurisdiction and venue of said courts in such actions.
Commencing Arbitration
You and Zinra LLC agree to commence any arbitration proceeding within 1 year after the Claim arises (the 1 year period includes the required pre-dispute procedures set forth above) and that any arbitration proceeding commenced after 1 year shall be forever barred.
Arbitration Location
If the amount in controversy is $500 or less, then the arbitration may be conducted by telephone or by written submissions. Otherwise, the arbitration shall be conducted in Albuquerque, NM unless Zinra LLC otherwise agrees to arbitrate in another forum requested by you.
Organization, Rules, and the Arbitrator
We each agree that any and all claims other than those exempted under subsection “b” above shall be submitted to final and binding confidential arbitration before a single arbitrator of the American Arbitration Association (“AAA”). Either party may commence the arbitration process by submitting a written demand for arbitration with the AAA, and providing a copy to the other party, within the time period set forth in subsection “d” above. The arbitrator shall be selected by agreement of the parties or if the parties cannot agree, chosen in accordance with the Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Dispute Resolutions Procedures, Supplementary Procedures for Consumer-Related Disputes, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms, the Privacy Policy, and this arbitration provision. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Zinra LLC.
Fees
Payment of all filing, administration and arbitrator fees will be governed by the AAA’s Rules.
Governing Law and Award
The arbitrator shall follow the substantive law of the State of New Mexico without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the FAA. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.
Enforceability
This provision survives termination of your account or relationship with Zinra LLC, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
Miscellaneous
Failure or any delay in enforcing this arbitration provision in connection with any particular Claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other Claims except all Claims must be brought within the 1 year limitation period set forth above. This provision is the entire arbitration agreement between you and Zinra LLC and shall not be modified except in writing by Zinra LLC.
Amendments
Zinra LLC reserves the right to amend this arbitration provision at any time. Your continued use of the Website, purchase of any services or product on or through the Website, or use or attempted use of a Zinra LLC service or product, is affirmation of your consent to such changes. Should the changes to this arbitration provision be material, Zinra LLC will provide you notice and an opportunity to opt-out. Your continued use of the Website, purchase or use of any services or products on or through the Website, or use or attempted use of a Zinra LLC service or product, is affirmation of your consent to such material changes.
You understand that you would have had a right to litigate through a court, to have a judge or jury decide your case, and to be party to a class or representative action. However, you understand and agree to have any claims decided individually and only through binding, final, and confidential arbitration. You have the right to opt-out of this arbitration provision within thirty (30) days from the date that you purchase, use, or attempt to use a service or product purchased on or through the website (whichever comes first) by writing to us at Zinra LLC, Attn: PO Box 10218 Albuquerque NM 87184, with a copy by e-mail to info@jeromemaldonado.com for your opt-out to be effective, you must submit a signed written notice identifying any service or product you purchased, used, or attempted to use within the 30 days and the date you first purchased, used or attempted to use the service or product. If more than thirty (30) days have passed, you are not eligible to opt-out of this provision and you must pursue your claim through binding arbitration as set forth in this agreement.
SECTION 12 – Zinra LLC’S ADDITIONAL REMEDIES
In order to prevent or limit irreparable injury to Zinra LLC, in the event of any breach or threatened breach by you of the provisions of the parties’ Agreement or any infringement or threatened infringement by you of the intellectual property of Zinra LLC or a third-party, Zinra LLC shall be entitled to seek an injunction or other equitable relief restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Zinra LLC from pursuing any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you.
SECTION 13 – INDEMNIFICATION
To the fullest extent permitted by law, you agree to defend, indemnify and hold harmless Zinra LLC and its affiliates, and their respective directors, officers, employees, licensors, independent contractors, subcontractors, suppliers, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or inability to use the Website, (2) information you submit or transmit through the Website, or (3) your breach of these Terms, the documents they incorporate by reference, or the Agreement, or your violation of any law or the rights of a third-party.
SECTION 14 – NOTICE AND TAKEDOWN PROCEDURES; COPYRIGHT AGENT
If you believe that materials or content available on any Zinra LLC Website infringes any copyright you own, you or your agent may send Zinra LLC a notice requesting that Zinra LLC remove the materials or content from the Zinra LLC Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Zinra LLC a counter-notice. Notices and counter-notices should be sent to Zinra LLC, Attn: PO Box 10218 Albuquerque NM 87184, or by e-mail to info@jeromemaldonado.com.
SECTION 15 – THIRD-PARTY LINKS
The Website may contain links to other websites. Zinra LLC assumes no responsibility for the content or functionality of any non- Zinra LLC website to which we provide a link. Please see our Privacy Policy for more details.
SECTION 16 – TERMINATION
Jerome Maldonado reserves the right to terminate any subscription and/or service for any reason (including paid-for subscriptions and/or guest subscriptions) after providing e-mail notice to the customer. This Agreement will take effect (or shall re-take effect) at the time you click “SUBMIT ORDER,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, complete a purchase, select a method of payment, enter in payment method information, and/or begin installing, accessing, or using the Website, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement, we may terminate the Agreement or suspend your access to the Website at any time without notice to you and you will remain liable for all amounts due up to and including the date of termination or suspension. You further agree that Zinra LLC shall not be liable to you or to any third party for the consequences of such termination or suspension. Your rights under this Agreement will terminate automatically if you fail to comply with this Agreement, subject to the survival of rights of certain provisions identified below. Termination will be effective without notice. Upon termination, you must promptly destroy all copies of any aspect of the Website in your possession. Sections 8 through 14, 16, 18 through 22, and 24 through 26 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Zinra LLC.
SECTION 17 – NO WAIVER
No failure or delay on the part of Zinra LLC in exercising any right, power, or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Zinra LLC.
SECTION 18 – GOVERNING LAW AND VENUE
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or with your access or use of the Website, Privacy Policy, or any matter concerning Zinra LLC, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of New Mexico excluding its conflict of law provisions. To the extent that any Claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded by the arbitration agreement in Section 11 above, the parties agree any such Claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Austin, NM, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 19 – FORCE MAJEURE
Zinra LLC will not be responsible to you for any delay, damage, or failure caused by or occasioned by a Force Majeure Event. As used in this Agreement, “Force Majeure Event” shall mean: any act of God, act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Zinra LLC. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this Agreement. Jerome Maldonado shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
SECTION 20 – ASSIGNMENT
Zinra LLC may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Zinra LLC’s express written consent.
SECTION 21 – ELECTRONIC SIGNATURE
All information communicated on the Website is considered electronic communication. When you communicate with any Zinra LLC company through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication. You further acknowledge and agree that by clicking on a button labeled “SUBMIT MY ORDER”, “PAY NOW”, “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE”, or similar links or buttons, you are submitting a legally binding electronic signature and are entering into a legally binding contract. You acknowledge that your electronic submissions constitute your agreement and intent to be bound by this Agreement. Pursuant to any applicable statutes, regulations, rules, ordinances or other laws, including without limitation the United States Electronic Signatures in Global and National Commerce Act, P.L. 106-229 (the “E-Sign Act”) or other similar statutes, YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS AND OTHER RECORDS AND TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED THROUGH THE WEBSITE. Furthermore, you hereby waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction which require an original signature, delivery or retention of non-electronic records, or to payments or the granting of credits by other than electronic means.
SECTION 22 – CHANGES TO THE AGREEMENT
You can review the most current version of the Terms at any time at https://jeromemaldonado.com/terms-conditions. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy, by posting updates and changes to our Website. It is your responsibility to check our Website periodically for changes. Your continued use of or access to our Website following the posting of any changes to the Agreement constitutes acceptance of those changes. Unless accepted by Zinra LLC in writing, these terms and conditions may not be amended by you.
SECTION 23 – YOUR ADDITIONAL REPRESENTATIONS AND WARRANTIES
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you have read this Agreement and thoroughly understand the terms contained in this Agreement; and (3) that any products and services you purchase from the Website will be used for your personal, non-commercial use, and that you will not re-sell, re-distribute, or export any product that you order from the Website. You further represent that Zinra LLC has the right to rely upon all information provided to Zinra LLC by you, and Zinra LLC may contact you by email, telephone or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) customer satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
SECTION 24 – SEVERABILITY
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.
SECTION 25 – ENTIRE AGREEMENT
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitute the entire agreement and understanding between you and Zinra LLC and govern your access and use of the Website and your ordering, purchasing and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Zinra LLC. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.
SECTION 26 – CONTACTING US
We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by emailing info@jeromemaldonado.com
If you have any questions or inquiries concerning any of the Terms, you may contact Zinra LLC by visiting jeromemaldonado.com, or by regular mail at PO Box 10218
Albuquerque NM 87184
SECTION 27 – GENERAL REFUND POLICY
This is the official refund policy for courses from Zinra LLC DBA JeromeMaldonado.com. As stipulated in the Terms & Conditions previously agreed to, we offer a 30 Day Money back guarantee with the terms as set forth below:
1. Refund requests made within 10 days of any specific purchase will be fully refunded unconditionally.
2. Refund requests made 10 days post purchase and prior to 30 days of the original purchase are entitled to an 80% refund and subject to a 20% non-refundable cancellation and administrative fee.
3. Refund requests made post 30 days of a product specific purchase is non-refundable but eligible for up to a 12 month store credit equal to the original purchase amount. Credit to be applied to any and all available products, services, and events offered by Zinra LLC DBA JeromeMaldonado.com.
All refund requests must be made in writing by filling out the form below. Any refund requests that are not made via the refund request form cannot and will not be processed.
All refund requests must be made in writing by filling out THIS FORM. Any refund requests that are not made via the refund request form cannot and will not be processed.
Please allow 5 to 7 business days for refund review and processing.
Under the circumstances that a product subscription for the same services has been purchased and refunded within the same 12 month period, one or more prior times and then repurchased, the refund policy will revert back to the original purchase date from the first (original) purchase and the original purchase date will be the utilized date when if a refund is requested as per the refund policy. Refund requests on repurchased products refunded prior are limited to a 48 hour unconditional refund of the new purchase. All refund requests on new repurchased items which had been refunded prior after the 48 hours, may continue services with no limitations or be issued an in store credit eligible for up to 12 months. In store credit can be redeemed on any merchandise, product, service, event or training hosted by Zinra LLC or Jeromemaldonado.com
SECTION 28 – BUY, BUILD, FLIP REFUND POLICY
For the Buy, Build, Flip training program, the above General Refund Policy applies. Use the Buy, Build, Flip refund form to request a refund for this program.
If 30 days has passed, you must meet the following condition for consideration:
1. You must contact our customer support team by filling out the form below to go through our formal review process.
2. Your house did not bring in $50,000 or more in net profit within 18 months after purchasing the program. To be eligible for this conditional refund, you must have attempted to buy a piece of land and build a house. Please provide us with your HUD-1 (settlement statement) to show us your sale profit, a legally executed purchase agreement that shows you bought the land, or documents from the title company showing the sale.
If your request does not meet these conditions, you may also write a thorough reason for your request in the provided input field below.
Please understand that there is a 5-7 day review process to make sure that you meet the conditions for the refund process.
Click here to fill out the Buy, Build, Flip refund request form.
Under the circumstances that a product subscription for the same services has been purchased and refunded within the same 12 month period, one or more prior times and then repurchased, the refund policy will revert back to the original purchase date from the first (original) purchase and the original purchase date will be the utilized date when and if a refund is requested as per the refund policy. Refund requests on repurchased product refunded prior are limited to a 48 hours unconditional refund of the new purchase. All refund request on new repurchased items which had been refunded prior after the 48 hours, may continue services with no limitations or be issued an in store credit eligible for up to 12 months. In store credit can be redeemed on any merchandise, product, service, event or training hosed by Zinra LLC or Jeromemaldonado.com
SECTION 29 – Refund Policy for all events (including Build Wealth Summit, Real Estate Domination, & Build Wealth Workshop):
1. Refund requests made within 5 days of any specific purchase will be fully refunded unconditionally.
2. Refund requests made post 30 days of a product specific purchase is non-refundable but eligible for up to a 12 month store credit equal to the original purchase amount. Credit to be applied to any and all available products, services, and events offered by Zinra LLC DBA JeromeMaldonado.com.
All refund requests must be made in writing by filling out THIS FORM. Any refund requests that are not made via the refund request form cannot and will not be processed.
Please allow 5 to 7 business days for refund review and processing.
Section 30 - Refund Policy for Partnership Agreements
To receive a refund for any products purchased with a partner, both partners must request and be eligible for a refund (based on the terms & conditions above). If one partner is refunded, the eligible refund amount will be equal to the cost of the program as if purchased by 1 enrollee.
Single refunds under a partnership agreement will be limited to the variance of one full pay amount minus the variance of the partnership amount processed on original purchase. All other terms and conditions as set forth will apply.
Section 31 - cancellation policy for real health real wealth subscription digital products
If you would like to cancel your Real Health Real Wealth ELITE ACCESS or PLATINUM PLUS, you must do so within 48 hours of your next billing date. To cancel your membership, visit this link: https://realhealthjm.com/cancel-policy
Additionally, there will be no refunds.
SECTION 32 – SMS TERMS AND CONDITIONS
1. Users can expect to receive triggered marketing, promotional, and informational messages when opted in. Message frequency varies.
2. You can cancel the SMS service at any time. Just text “STOP” to the shortcode. After you send the SMS message “STOP” to us, we will send you an SMS message to confirm that you have been unsubscribed. After this, you will no longer receive SMS messages from us. If you want to join again, just sign up as you did the first time and we will start sending SMS messages to you again.
3. If you are experiencing issues with the messaging program you can reply with the keyword HELP for more assistance, or you can get help directly at info@jeromemaldonado.com
4. Carriers are not liable for delayed or undelivered messages
5. As always, message and data rates may apply for any messages sent to you from us and to us from you. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
SECTION 33 – Exclusive Access to Buy, Build, Flip coaching for BBF Members
For buyers of the Buy, Build, Flip program, you are granted a minimum of 1 year of exclusive access to the coaching services. After that, you will have exclusive access to the coaching service for the duration of the program, as decided by Zinra LLC.
SECTION 34 – Build Wealth Mastermind Terms & Conditions and Agreement:
Limitation of Liability. TO THE EXTENT NON PROHIBITED BY LAW, IN NO EVENT SHALL THE COMPANY AND ITS AGENTS BE LIABLE FOR ANY INJURY, LOSS, CLAIM, OR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, LOST REVENUE, LOST PROFITS, LOST SAVINGS, LOST OPPORTUNITY, LOSS OF GOODWILL, LOSS OF DATA, BUSINESS INTERRUPTION, OR ANY SIMILAR DAMAGES OR LOSSES ARISING OUT OF OR RELATED TO THE ATTENDEE'S USE OR INABILITY TO USE THE SERVICES. HOWEVER CAUSED, REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT OR OTHERWISE) AND EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OF LIABILITY FOR PERSONAL INJURY, OR FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THIS LIMITATION MAY NOT APPLY TO THE ATTENDEE IN THOSE JURISDICTIONS, BUT SHALL APPLY, IN ANY EVENT, TO THE MAXIMUM EXTENT POSSIBLE. IN NO EVENT SHALL ZINRA LLC's TOTAL LIABILITY TO THE ATTENDEE FOR ALL DAMAGES EXCEED THE CONSIDERATION RECEIVED BY ZINRA LLC FROM THE STUDENT. THE FOREGOING LIMITATIONS WILL APPLY EVEN IF THE ABOVE STATED REMEDY FAILS OF ITS ESSENTIAL PURPOSE. PRIVACY: WE DO NOT SELL YOUR INFORMATION TO ANYONE.
CONFIDENTIALITY/PROPRIETARY INFORMATION
The services the Attendee receives during the program, which includes without limitation, live trainings, calls, videos, recordings, assignments, action plans and agreements all constitute Producers proprietary information. The Attendee is responsible for all usage or activity on the Attendee's account, and any fraudulent, abusive or otherwise illegal activity may be grounds for termination of the services.
TRANSFERS
All courses are non-transferrable.
PAYMENT DUE
For general courses, a minimum payment of the first deposit is required. No spot will be held without payment. We reserve the right to cancel this order in the event the minimum amount due is not received within 14 days from the date of the transaction. Courses must be paid in full at least 20 days prior to the event start. For installment payments, an administration fee may apply. Installments will be deducted from the credit card on file every (30) days from the date of the transaction. If any installment payment should default, the registrant will have ten (10) days to rectify the situation. When the event is within 60 days, the registrant will have 72 hours to rectify the situation. If a registrant should default on any installment payments or be in Accounts Receivable 60 days prior to an event, the results may be canceled from the registered event and the Cancellation Agreement will apply. An N.S.F. check for credit card declined charge of $50 applies in case of payment default. All course(s) transactions must be in US Dollars (USD), regardless of place of purchased, refund will be processed based on the current exchange rate on the date that the refund is requested and processed (not the exchange rate from the date of the initial transaction). All administrative fees, including credit card fees, incurred due to any partial refunds, cancellations, transfers, or changes in method of payment after the standard cancellation will be billed to and paid by the registrant. Course locations may be in the United States or Canada. It is the client's sole responsibility to obtain any and all required visas or travel permits to enter such countries. ZINRA LLC may, in its discretion, charge an administration fee (up to $500) for any cancellation due to the failure or inability of the client to obtain such required visa or travel permit. This agreement contains the entire agreement and understanding of all parties hereto, with respect to the terms and conditions of the general courses, and supersedes any and all prior agreements and understandings, whether written or oral, between the parties with respect to such terms and conditions. This agreement and such terms and conditions may not be changed or modified except by the instrument, in writing, signed by both parties.
DISPUTE RESOLUTION
Any and all disputes or claims regarding this agreement, including any dispute related to the rights and obligations of the parties, or their performance hereunder, shall be submitted by the parties for mediation to be conducted by the Judicial Arbitration and Mediation Services, Albuquerque, New Mexico office or to such other mediators as the parties may agree. If not resolved through mediation, the dispute shall be submitted by the parties for binding arbitration, to be conducted by the said judicial arbitration and mediation service, or such other arbitration as the parties may agree, and such arbitration shall be conducted according to the commercial arbitration rules of procedure promulgated by the American Arbitration Association. From time to time the parties shall each bear their own cost of mediation, and, if submitted to binding arbitration the arbitrator shall be empowered and award reasonable attorney fees and cost to the prevailing party. Any binding decision of an arbitrator, or mediation agreement entered into by the parties shall be subject to enforcement as a judgement rendered by a court of competent jurisdiction. The parties agree to waive their rights to a jury trial. This agreement to arbitrate will survive any termination or expiration of this agreement. The parties agree that this agreement shall be interpreted according to the laws of this State of New Mexico and the venue and jurisdiction over the enforcement or interception of this agreement shall be in the County of Bernalillo.
NOTICE OF CANCELLATION
You may CANCEL this transaction any time prior to midnight of the THIRD (3rd) BUSINESS DAY after the date of the transaction (or prior to midnight on the TENTH (10th) BUSINESS DAY after the transaction, if purchased in Canada. If you cancel, any property traded in, any payments made by you under the contract or sale, and any negotiable instrument executed by you will be returned within TEN BUSINESS DAYS following receipt by the seller of the cancellation of notice, and any security interest arising out of the transaction will be cancelled. Refund will be processed based on the current exchange rate on the date that the refund is required and processed (not the exchange rate from the date of the initial transaction.) If you cancel, you must make available to the seller at your residence, in substantially as good condition as when received, any goods delivered to you under this contract or sale, or you may, if you wish, comply with the instructions of the seller reading the return shipment of the goods at the sellers' expense and risk. If you do make a good available to the seller and the seller does not pick them up within 20 days of the date of your notice cancellation, you may retire or dispose of the good without future obligation. If you fail to make the goods available to the seller, or if you agreed to return the goods to the seller and fail to do so, then you remain liable for the performance of all obligations under the contract to cancel this transaction. Email info@jeromemaldonado.com and date email that says "I verbally cancel this transaction" NO LATER THAN MIDNIGHT OF the third (3rd) Business day from the transaction date (or the tenth (10th) business day from the transaction date, if you purchased in Canada).
ALL RECORDING NOTIFICATION
The Attendee acknowledges and agrees that all communications between Producer, its agents and the Attendee may be recorded for quality assurance and training purposes.
SEVERABILITY
If any portion or provision of the Agreement shall to any extent be declared invalid or unenforceable by an arbitrator or a court of competent jurisdiction, then the remainder of this Agreement, or the application of such portion or provisions in circumstances other than those as to which it is so declared invalid or unenforceable, shall not be affected thereby, and each portion and the provision of this Agreement shall continue in full force and effect and shall in no way be impaired or invalidated.
ASSIGNMENT
Neither this Agreement, nor any part of the rights and obligations of the Attendee may be directly or indirectly transferred, sold, conveyed, encumbered, subdivided or otherwise assigned without the prior written consent of Producer, which may be granted or withheld in Producer's sole and absolute discretion. Any unauthorized transfer will constitute a breach hereof and conveys no rights to or interests in this Agreement.
ENTIRE AGREEMENT AMENDMENT
This Agreement contains the entire Agreement between the parties relating to the rights and obligations herein, all oral agreements being merged herein, and supersedes all prior representations, with respect to the transaction and matters contemplated herein. The provisions of this Agreement may be modified at any time by agreement of the parties. No such modifications shall be effective unless in writing and signed by the party against whom enforcement of the modification is sought.
Copyright 2024-All Rights Reserved, Zinra, LLC