Effective Date: August 1, 2020
- Overview of Terms and Conditions
These Terms and Conditions (these “Conditions”) govern your use of www.drivebyconvos.com (“Drive By Convos”) and the coaching/consulting sessions, programs, and services (“Coaching/Consulting Services”) rendered by Jeboria Scott (“Coach”) through.
Drive By Convos and the Coaching/Consulting Services are provided by the Coach under the company name, J.K Scott Enterprises (hereinafter “J.K Scott” or “we” or “our” or “us”) with base of operation in the city of Nashville, TN.
- Your Access and Use of Drive By Convos
Drive By Convos offers coaching/consulting sessions, programs, and information that are geared towards improving clients’ (such as you) potential in the area of their business. Any information posted on Drive By Convos is intended for your information and educational purposes only. Any decision you make from the information available through Drive By Convos is made at your own risk. By accessing Drive By Convos, including using our Coaching/Consulting Services, you hereby consent to be bound by these Conditions. If you are acting on behalf of a group or company, you represent and warrant to J.K Scott that you have the permission and authority to act on such a group or company’s behalf. If you do not agree to these Conditions, we ask that you refrain from accessing Drive By Convos and other media channels operated by the Coach.
Drive By Convos is provided in the City of Nashville; therefore, the Coaching/Consulting Services is subject to the laws of the State of Tennessee, US. Any and all disputes arising out of your use of Drive By Convos and our Coaching/Consulting Services shall have the exclusive jurisdiction in any courts located in Nashville.
- Coaching/Consulting Fees and Payments
The coaching/consulting fees shall be charged in accordance with the then current per session fees as described to you in writing by J.K Scott (unless agreed otherwise in writing). Fees shall be paid as described in the coaching/consulting agreement provided to you before receiving the Coaching/Consulting Services.
By accepting the coaching/consulting agreement and these Conditions, you agree to the terms and conditions related to the coaching/consulting fees and payment.
- Coaching/Consulting Rules
To enable J.K Scott provide the Coaching/Consulting Services according to industry standard, you are expected to act accordingly and behave professionally at all times. This can be achieved by abiding by any instructions passed to you before the commencement of the Coaching/Consulting Services. Failure to abide by the coaching/consulting rules shall be deemed as a breach to the coaching/consulting agreement, which may prompt J.K Scott to terminate these Conditions without refunds or liability.
- Termination of Appointment
- By Coach: In uncontrollable circumstances, such as unavailability due to an illness, bereavement, conflict of interest, or other reasons, the Coach may decide to terminate the appointment, in which case, due notice will be given beforehand and refunds will be made accordingly.
- By Client: In like manner, if you wish to terminate an appointment with J.K Scott, you must give prior notice to the Coach so as to make adjustment and give a refund. J.K Scott will not, for any reason, give a refund for no-show without notice.
- Intellectual Property Rights
The content and all the information available on Drive By Convos (“DBC Content”), the trademark, service mark, and the logos are owned by and licensed to J.K Scott, and are subject to copyright and other intellectual property rights under the State of Tennessee and the United States in general. The DBC Content include, but are not limited to, our software, images, audios, graphics, page headers, articles, footer, functionality, source codes, databases, button icons, service name, and web design. J.K Scott’s’ trademarks may not be used in conjunction with any service or product that is in any way likely to cause confusion. And our trademark may not be copied, imitated, or used (in whole or part) without our written approval.
The DBD Content on Drive By Convos are provided to you on “as is” basis for your information and individual use only. You are not allowed to use, copy, reproduce, distribute, transmit, advertise, display, sell, license, or exploit it for any purposes without our written approval.
- License Grant
If you are eligible to access and use Drive By Convos, we grant you a limited license to access it and use it, including any DBC Content (which you have access to) for your personal, non-commercial use. J.K Scott reserves all rights not expressly granted to you regarding the DBC Contents and our trademarks.
- User Submissions
You hereby agree that any comment, feedback, ideas, or suggestions you make on Drive By Convos, including through our YouTube channels (“Submissions”) shall be treated as non-confidential and J.K Scott shall have the entitlement to the unrestricted use and display of your Submissions for any purposes, including commercial or otherwise, without acknowledgement or royalty paid to you.
- Website Up Time
J.K Scott takes all measures to ensure the availability of Drive By Convos at all times; however, websites are machines, which means they get to experience down-times due to technical issues or for maintenance actions. Due to this, J.K Scott will not take responsibility for any downtime or unavailability of Drive By Convos due to technical issues, system failures, or maintenance actions. If possible, we will give notice about any website downtime; however, we will not be obligated to give such notice.
- Links to other websites
Occasionally, certain parts of Drive By Convos may contain links that contain adverts and other contents from third party website (“Third Party Links”). Any and all of these links are posted by third party websites for adverts, and do not in any way link to our Coaching/Consulting Services or Drive By Convos. This means that we do not warrant that Third Party Links are safe, secure, and accurate – neither does these Conditions govern their activities. When you access a Third Party Link through Drive By Convos, you take responsibility for whatever loss you may suffer. We advise that you read the terms and policies of any third party website before taking actions on their websites.
- No Medical Treatment
The Coaching/Consulting Services is not in any way to be construed as a substitute for health or medical treatment, such as therapy or psychotherapy. Also, whatever decision you make from the information on Drive By Convos and the Coaching/Consulting Services shall be your responsibility.
- Disclaimer of Service
Drive By Convos, the DBC Content, and Coaching/Consulting Services are provided to you “as is” and “as available.” Therefore, you hereby agree that your use of Drive By Convos and reliance on any information provided to you is at your sole risk. To the fullest extent permissible under applicable law, J.K Scott (including affiliates, subsidiaries, directors, officers, staff, agents, and employees) disclaims all warranties – whether express or implied – in connection with Drive By Convos, DBC Content, and the Coaching/Consulting Services, including without limitation, the implied warranties of compatibility, merchantability, fitness for a purpose, and non-infringement.
J.K Scott hereby makes no representations or warranties about our blogs, other information, or any information from Third Party links. Therefore, J.K Scott shall not be liable for any (i) decision you make regarding our Coaching/Consulting Services or the information on Drive By Convos, (ii) downtime or unavailability of Drive By Convos, (iii) injuries, loss, or damages suffered from your use of Drive By Convos and our Coaching/Consulting Services, (iv) inaccuracies, errors, or mistakes of any information passed to you through Drive By Convos, (v) third party access and use of your information due to server breach, and (vi) viruses, bugs, worms, trojan horses, or the likes that may be transmitted to Drive By Convos by third parties.
- Limitation of Liability
J.K Scott (including affiliates, subsidiaries, directors, officers, staff, agents, and employees), under no circumstances, shall be liable to you or any third party for any direct, indirect, incidental, consequential, exemplary, negligent, punitive, or special damages, including without limitation, damages of lost profit, revenue, data, goodwill, or the likes which may arise from your use of Drive By Convos, DBC Contents, and our Coaching/Consulting Services, even in situations when J.K Scott was aware of the possibility of such damages occurring.
Notwithstanding the foregoing limitations, J.K Scott’s liability (if found liable) for any cause whatsoever, regardless of the form of action, shall at all times be limited to the whole amount paid for the whole Coaching/Consulting Services.
Certain state laws do not allow the limitations of implied warranties above. if these states apply to you, some or all of the above limitations may not apply to you, and you may have additional rights.
You hereby agree to defend, indemnify, and hold J.K Scott (including affiliates, subsidiaries, directors, officers, staff, agents, and employees) harmless from and against any losses, liabilities, damages, claims, or demands (including reasonable attorneys’ fees and responses), made by any third party due to or arising out of your access and use of Drive By Convos, our Coaching/Consulting Services, your Submissions, your breach of these Conditions, any applicable law, or your warranties and representations.
Notwithstanding the foregoing, J.K Scott reserves the right (at your expense) to assume the exclusive defense and control of any matter for which you are required to indemnify J.K Scott, and you agree to cooperate (at your expense) with J.K Scott’s defense of such claims. J.K Scott will use reasonable efforts to notify you of any such claim, action, or proceedings which are subject to this indemnification upon becoming aware of it.
- Governing Law and Jurisdiction
These Conditions shall be governed by and construed in accordance with the laws of the State of Tennessee without regard to conflict of law and its principles. Any dispute arising out of these Conditions or the Coaching/Consulting Services shall be settled in the courts located in the city of Nashville, TN. You and J.K Scott hereby irrevocably submit to the jurisdiction of each such court in any dispute, action, or proceeding.
Except as stated otherwise or agreed to in writing between you and J.K Scott, any notices given to you shall be given by email as provided by you when you opt-in for our Coaching/Consulting Services. Likewise, any notices you wish to give to J.K Scott shall be given to the contact information listed below.
- Updates to these Conditions
These Conditions may be reviewed and updated at any time with or without notice and liability to you. Updates to these Conditions may be due to changes in our Coaching/Consulting Services, applicable law, or a feature on Drive By Convos channels. Updates to these Conditions will be effective when the Effective Date above changes. When you continue accessing Drive By Convos after any updates to these Conditions, it constitutes your acceptance of such updates.
- Entire Agreement: These Conditions – along with the coaching/consulting agreement and other policies – represents the entire agreement and understanding between you and J.K Scott with respect to your use of our Coaching/Consulting Services and your access of Drive By Convos, and it supersedes all previous understandings and agreement – whether oral or written. In the event that any paragraph or clause of these Conditions conflict with the coaching/consulting agreement, the coaching/consulting agreement shall prevail.
- Assignment: Your rights under these Conditions may not be assigned to a third party without our written approval. J.K Scott, on the other hand, reserves the right to assign our rights
- Force Majeure: Under no circumstances shall J.K Scott be liable to you for any failure or delay to provide the Coaching/Consulting Services or Drive By Convos due to circumstances beyond our reasonable control, including internet breakdown, wars, pandemics, severe weather conditions, earthquakes, riots, tycoon, and other acts of God.
- Relationship: Nothing in these Conditions shall be interpreted to create a partnership, agency, or join venture between you and J.K Scott as a result of your use of Drive By Convos or our Coaching/Consulting Services.
- Severability: Should any portion of these Conditions be found invalid or unenforceable by a court having competent jurisdiction, such a portion shall be severed/deleted or edited and it shall not affect the validity and enforceability of the other valid and enforceable portions.
- Contact Us
For questions regarding the Coaching/Consulting Services and Drive By Convos, please reach out to us via our contact information below:
J.K Scott Enterprises
Nashville TN 37203