Program Agreement & Terms and Conditions of Use

Program Agreement

Please read this Program Agreement (“Agreement”) carefully. You must agree to this Agreement before you are permitted to participate in the Jay Shetty Genius membership (“the Program”) and access any digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online or in person, private communities operated by 108 Genius LLC d/b/a Jay Shetty Genius, whether on a website hosted by Jay Shetty Genius or a third-party website such as a social media or online course platform, in connection with the Program.

If you do not agree to this Agreement, you may not use the Program.

As used in this Agreement, the term “Releasees” is defined to include the following: (i) 108 Genius LLC d/b/a Jay Shetty Genius, its subsidiaries, affiliated companies, owners, directors, officers, past and present employees, agents, coaches, mentors, supervisors, speakers, representatives, successors and assigns (collectively “the Company”); (ii) any Company volunteers; and (iii) Jay Shetty.

Customers

All Program purchases will be confirmed via email. The Company, in its sole and absolute discretion, may accept or decline Customers to participate in the Program.

By participating in the Program, you represent and warrant that you are at least 18 years old. Some of the content in the Program may not be appropriate for children and the Company disclaims all liability for use by individuals under the age of 18.
Fees

Before your access to the Program begins, you agree to pay the Company the fees listed on your checkout page according to the payment schedule and options you selected.

If paying by debit card or credit card, you give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).

If any payment is not received when due, the Company reserves the right to terminate your participation in the Program and terminate your access to all its content immediately and permanently. If you bring any delinquent payments current, the Company, in its sole discretion, may permit you to rejoin your Program.

If you fail to make any payment in a timely manner or voluntarily withdraw from the Program at any time or for any reason, you will remain fully responsible for the payment and your account will be suspended until payment is made. Non-payment may result in cancellation. The Company reserves the right to charge a late fee on all balances more than 30 days overdue. You agree to reimburse the Company for all collection and/or legal fees and expenses necessitated by lateness or default in payment.
Refunds & Cancellations

Your satisfaction with the Program is important to us.

If you are unsatisfied with your purchase, you may request a full refund or to transfer your Program to another person within 14 days after your purchase date. All refund and transfer requests must be made via timely email to support@jayshettygenius.com.

In all other cases, because of the extensive time, effort, preparation and care that goes into creating and providing the Program, the Company has a no refund policy. No refunds will be paid if your participation in the Program is terminated because you have violated this Agreement or the Program Terms of Use in any way. By using and/or purchasing our Program, you understand and agree that, except for the limited refund period described above or as required by law, all sales are final and no refunds will be provided.

Since we have a clear and explicit Refund Policy in this Agreement that you have agreed to prior to completing the purchase of the Program, we do not tolerate or accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.

Cancellations

Program Customers may cancel their Program according to the following terms, based on their subscription level:
- Monthly (Explorer) Plan Customers: You can cancel your Program at any time during the current month, as long as it’s before your monthly renewal date. No further charges will be incurred. If you cancel your participation in the Program, any future re-enrollment will be subject to the current pricing at that time.
- 6-Month (Enhanced) Plan Customers: You can cancel your Program at any time before your 6-month renewal date. No further charges will be incurred. If you cancel your participation in the Program, any future re-enrollment will be subject to the current pricing at that time.
- Annual (Explorer) Plan Customers: You can cancel your Program at any time before your annual renewal date. No further charges will be incurred. If you cancel your participation in the Program, any future re-enrollment will be subject to the current pricing at that time.
Assumption of Risk, Release, Disclaimers
1. You acknowledge that, by engaging with the Company for the Program, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Program, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
  In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total Program fees you paid to the Company.
2. You are not covered under any Company insurance policy.
3. The Program and its content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. The Program and its content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Program or its content.
4. Earnings and Results Disclaimer: You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Program. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Program, and you understand that results differ for each individual. Results may vary and adherence to the program does not guarantee specific outcomes.
5. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
6. The Company tries to ensure that the availability and delivery of the Program and its content are uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
7. THE INFORMATION, PRODUCTS AND SERVICES OFFERED ON OR THROUGH THE PROGRAM AND ITS CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE PROGRAM, ITS CONTENT, OR ANY OF THEIR FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING PROGRAM PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM THE USE OF, OR THE INABILITY TO USE, THE PROGRAM, INCLUDING ITS MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE PROGRAM.
Legal Disputes

This Agreement shall be governed by and construed in accordance with the laws of the State of California without giving effect to its conflict of laws principles.

In the event of any legal dispute under this Agreement (“Dispute”), you or the Company must give the other a written statement that sets forth the name, address, and contact information of the party giving it, the facts giving rise to the Dispute, and a proposed solution (a “Notice of Dispute“).

You must send any Notice of Dispute by first class mail to 108 Genius, LLC, 16255 Ventura BLVD, STE 900, Encino, CA 94136 and also via email to support@jayshettygenius.com.

The Company will send any Notice of Dispute to you by first class mail to your address if we have it, or otherwise to your email address. The Company and you will attempt in good faith to resolve any Dispute through informal negotiation within sixty (60) days after the date the Notice of Dispute is sent.

Any Dispute which has not been resolved by negotiation within sixty (60) days, or such time period as the Company and you may otherwise agree, will be finally resolved by binding arbitration. You are giving up the right to litigate (or participate in as a party or class member) all Disputes in court before a judge or jury. Instead, all Disputes will be resolved before a neutral arbitrator, whose decision will be final. The place of arbitration will be Los Angeles County, California. The arbitrator’s decision will be written and binding on the parties and any court with jurisdiction over the parties may enforce the arbitrator’s award.

Any arbitration will be conducted by the American Arbitration Association (“AAA”) in accordance with the Commercial Arbitration Rules in effect at the time such arbitration is initiated. In a dispute involving $10,000 or less, any hearing will be telephonic unless the arbitrator finds good cause to hold an in-person hearing instead. To the extent the forum provided by AAA is unavailable, the Company and you agree to select a mutually agreeable alternative dispute resolution service and that such alternative dispute resolution service will apply the AAA Rules. The arbitrator may award the same damages to you individually as a court could. The arbitrator may award declaratory or injunctive relief to you only individually, and only to the extent required to satisfy your individual claim. The arbitrator has the power to award attorney’s fees and costs to the prevailing party, which will be part of the arbitration award. The arbitrator’s decision will be written and binding on the parties and may be entered in any court of competent jurisdiction.

If any Dispute cannot by law be resolved by binding arbitration, you agree that such Dispute will be filed only in the state or federal courts in and for Los Angeles County, California, and the Company and you hereby consent and submit to the personal and exclusive jurisdiction of such courts for the purpose of litigating any such action.

Notwithstanding the parties’ agreement to negotiate then arbitrate, the Company may immediately apply for injunctive or other equitable relief to protect or enforce its intellectual property rights in any court of competent jurisdiction.
Class Action Waiver

The parties agree that (i) no arbitration proceeding hereunder, whether a consumer dispute or a business dispute, may be certified as a class action or proceed as a class action, or on a basis involving claims brought in a purported representative capacity on behalf of the general public, other purchasers, or potential purchasers or persons similarly situated, and (ii) no arbitration proceeding hereunder may be consolidated with, or joined in any way with, any other proceeding. THE PARTIES AGREE TO ARBITRATE ANY DISPUTE ON AN INDIVIDUAL BASIS AND EACH WAIVES THE RIGHT TO PARTICIPATE IN A CLASS ACTION.

The parties hereby irrevocably waive, to the fullest extent permitted by applicable law, any and all right to trial by jury in any proceeding arising out of or relating to this Agreement, any document incorporating this Agreement, or the transactions contemplated hereby.
Entire Agreement; Modifications

You expressly agree that this Agreement is intended to be as broad and inclusive as permitted by the law of the State of California, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. This Agreement, along with the Program Terms of Use, constitute the entire agreement of the parties and reflects their complete understanding with respect to the subject matter. This Agreement supersedes all prior written and oral representations.

Program Terms and Conditions of Use

Please read these Terms and Conditions of Use (“TOU”) carefully. You must agree to these TOU before you are permitted to participate in the Jay Shetty Genius (“the Program”) and access any digital or downloadable resources, online course, one-on-one or group coaching, class, program, workshop, or training, or enter any online private forums operated by 108 Genius LLC d/b/a Jay Shetty Genius (the “Company”), whether on a website hosted by Jay Shetty Genius or a third-party website such as a social media or online course platform, in connection with the Program.

The Program

The Program includes a variety of components depending on your selected choice at checkout: (1) Elevated, (2) Enhanced, (3) Explorer.

The Program is delivered on an ongoing basis.

The Company reserves the right to modify the Program at any time. We will not be liable if for any reason all or any part of the platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the platform, or the entire platform, to customers, including registered Customers.
1. Elevated
  
  This level of the program includes: LIVE, Weekly Workshops, LIVE, Guided Meditations, Weekly Reflection Questions, Workshop & Meditation Streaks, Curated Workshop Collections, 24/7/365 Access to the GENIUS Resource Library, 24/7/365 Access to the GENIUS Community, LIVE Q&A, 30-minute GENIUS Goal Setting Strategy Session, Quarterly GENIUS Goal-Getter Success Sessions, Quarterly, LIVE and interactive Ask Jay Anything Sessions, A Big Talk deck of cards.
2. Enhanced
  
  This level of the program includes: LIVE, Weekly Workshops, LIVE, Weekly Workshops, LIVE, Guided Meditations, Weekly Reflection Questions, Workshop & Meditation Streaks, Curated Workshop Collections, 24/7/365 Access to the GENIUS Resource Library, 24/7/365 Access to the GENIUS Community, LIVE Q&A, 30-minute GENIUS Goal Setting Strategy Session, Quarterly GENIUS Goal-Getter Success Sessions,
3. Explorer
  
  This level of the program includes: LIVE, Weekly Workshops, LIVE, Guided Meditations, Weekly Reflection Questions, Workshop & Meditation Streaks, Curated Workshop Collections, 24/7/365 Access to the GENIUS Resource Library, 24/7/365 Access to the GENIUS Community, LIVE Q&A.
This level of the program includes: LIVE, Weekly Workshops, LIVE, Guided Meditations, Weekly Reflection Questions, Workshop & Meditation Streaks, Curated Workshop Collections, 24/7/365 Access to the GENIUS Resource Library, 24/7/365 Access to the GENIUS Community, LIVE Q&A.

All sessions are intended to be recorded and made available if you are unable to attend live. We cannot guarantee the availability or quality of these recordings, and we are not responsible for any failure to record, technical issues, or corrupted files that may prevent access to the session recordings. Additionally, we are not responsible for any streaming issues, interruptions, or poor video/audio quality caused by your internet connection or device-related issues during live sessions or when accessing the recordings.

We reserve the right to reschedule or cancel live calls due to unforeseen circumstances, including but not limited to technical difficulties, instructor availability, or other events beyond our control. In such cases, we will make reasonable efforts to notify participants in advance and reschedule the affected session. However, we are not liable for any inconvenience or loss resulting from such rescheduling or cancellations.

30-minute GENIUS Goal Setting Strategy Session

If the Program you purchased includes a 30-minute Genius Goal Setting Strategy Session with a Program Coach, you will be assigned a Coach by the Company.

The session is for personal growth and educational purposes only and is not intended to diagnose or treat any mental health conditions, nor does it replace professional therapeutic or medical advice. Participants are responsible for applying the insights and strategies from the session, and while the coach will provide guidance, specific outcomes or improvements cannot be guaranteed.

All sessions are confidential, subject to legal and ethical limitations, including reporting obligations in cases of imminent harm or illegal activity.

Participants are required to provide at least 24 hours notice if they need to cancel or reschedule a session. Notice less than 24 hours or failure to attend a scheduled session without prior notice (a ‘no-show’) will result in the forfeiture of that session. No refunds or rescheduling options will be provided for missed sessions unless special circumstances are communicated and approved in advance. We reserve the right to determine what qualifies as an exception to this policy.

The session must be scheduled and completed within 30 days of purchase in the program. If the session is not scheduled and used within this period, it will be forfeited without refund or rescheduling. It is the participant’s responsibility to ensure that the session is booked and attended within the specified timeframe.

The Company reserves the right to cancel or reschedule sessions due to unforeseen circumstances and will make reasonable efforts to notify participants in advance.

Quarterly GENIUS Goal-Getter Success Sessions.

If the Program you purchased includes quarterly Genius Goal-Getter Success Sessions, you will be provided with a session booking link 90-days after your 30-minute GENIUS Goal Setting Strategy Session has taken place. A booking link will be sent via email in 90-day intervals thereafter.

The session is for personal growth and educational purposes only and is not intended to diagnose or treat any mental health conditions, nor does it replace professional therapeutic or medical advice. Participants are responsible for applying the insights and strategies from the session, and while the coach will provide guidance, specific outcomes or improvements cannot be guaranteed.

All sessions are confidential, subject to legal and ethical limitations, including reporting obligations in cases of imminent harm or illegal activity.

Participants are required to provide at least 24 hours notice if they need to cancel or reschedule a session. Notice less than 24 hours or failure to attend a scheduled session without prior notice (a ‘no-show’) will result in the forfeiture of that session. No refunds or rescheduling options will be provided for missed sessions unless special circumstances are communicated and approved in advance. We reserve the right to determine what qualifies as an exception to this policy.

The Company reserves the right to cancel or reschedule sessions due to unforeseen circumstances and will make reasonable efforts to notify participants in advance.

This session is designed to support participants in evaluating their progress and addressing barriers to success. However, the Company does not guarantee specific results, as individual outcomes depend on various personal factors, including the participant’s dedication and application of strategies discussed in the session.

COACH & CLIENT AGREEMENT

DESCRIPTION OF COACHING:

Coaching is partnership (defined as an alliance, not a legal business partnership) between the Coach and the Client in a thought-provoking and creative process that inspires the client to maximize personal and professional potential. It is designed to facilitate the creation/ development of personal, professional or business goals and to develop and carry out a strategy/plan for achieving those goals.
1. Coach-Client Relationship
  1. Coach agrees to maintain the ethics and standards of behaviour established by the Association for Coaching “(AC)” global codes of ethics. It is recommended that the Client review the AC Code of Ethics and the applicable standards of behaviour – https://www.associationforcoaching.com/page/AboutCodeEthics
  2. Client is solely responsible for creating and implementing his/her own physical, mental and emotional well-being, decisions, choices, actions and results arising out of or resulting from the coaching relationship and his/her coaching calls and interactions with the Coach. As such, the Client agrees that the Coach is not and will not be liable or responsible for any actions or inaction, or for any direct or indirect result of any services provided by the Coach. Client understands coaching is not therapy and does not substitute for therapy if needed, and does not prevent, cure, or treat any mental disorder or medical disease.
  3. Client further acknowledges that he/she may terminate or discontinue the coaching relationship at any time.
  4. Client acknowledges that coaching is a comprehensive process that may involve different areas of his or her life, including work, finances, health, relationships, education and recreation. The Client agrees that deciding how to handle these issues, incorporate coaching principles into those areas and implementing choices is exclusively the Client’s responsibility.
  5. Client acknowledges that coaching does not involve the diagnosis or treatment of mental disorders as defined by the American Psychiatric Association and that coaching is not to be used as a substitute for counselling, psychotherapy, psychoanalysis, mental health care, substance abuse treatment, or other professional advice by legal, medical or other qualified professionals and that it is the Client’s exclusive responsibility to seek such independent professional guidance as needed. If Client is currently under the care of a mental health professional, it is recommended that the Client promptly inform the mental health care provider of the nature and extent of the coaching relationship agreed upon by the Client and the Coach.
  6. The Client understands that in order to enhance the coaching relationship, the Client agrees to communicate honestly, be open to feedback and assistance and to create the time and energy to participate fully in the program.
2. Limited Liability
  
  Except as expressly provided in this Agreement, the Coach makes no guarantees, representations or warranties of any kind or nature, express or implied with respect to the coaching services negotiated, agreed upon and rendered. In no event shall the Coach be liable to the Client for any indirect, consequential or special damages. Notwithstanding any damages that the Client may incur, the Coach’s entire liability under this Agreement, and the Client’s exclusive remedy, shall be limited to the amount actually paid by the Client to the Coach under this Agreement for all coaching services rendered through and including the termination date.
3. Entire Agreement
  
  This document reflects the entire agreement between the Coach and the Client, and reflects a complete understanding of the parties with respect to the subject matter. This Agreement supersedes all prior written and oral representations. The Agreement may not be amended, altered or supplemented except in writing signed by both the Coach and the Client.
4. Dispute Resolution with Your Coach
  
  If a dispute arises out of this Agreement that cannot be resolved by mutual consent, the Client and Coach agree to attempt to mediate in good faith for up to 30 days after notice given.
Big Talk Cards

Digital versions of the Big Talk cards will be available for download, with access details provided in the onboarding email.Physical versions of the cards will be shipped after day 14 of purchasing the program, exclusively to Customers residing in the U.S. only.

If a member residing in the U.S. does not receive their Big Talk cards, we will initiate a reshipment only if notified within 14 days of the expected delivery date. Customers are responsible for providing a valid shipping address at the time of purchase and for notifying us of any changes to their address. We will not resend the cards if they were shipped to the provided address and were not received due to an incorrect or outdated address.
Intellectual Property Rights
1. Ownership of the Content
  
  The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible on or through the Company website, any third-party website the Company may use to distribute or host the Program and contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing, (collectively “Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
2. The Company’s Limited Program License to You
  
  If you view, purchase or access the Program or any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
  
  This means that, to the extent these actions are available in the Program, you may view, download, print, email and use one copy of individual pages of the Program for your own personal purposes or your own business only.
  
  You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any material from the Program for commercial purposes or in any way that earns you or any third party money (other than by applying them generally in your own business). By downloading, printing, or otherwise using the Program for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any materials found in the Program shall constitute infringement.
  
  You must receive our written permission before using any of the Program for your own commercial use or before sharing with others.
  
  You are strictly prohibited from uploading or distributing Content to any website, platform, software, or database where it could be accessed or replicated by ChatGPT or other artificial intelligence technologies.
  
  The trademarks and logos displayed on the Program are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
  
  All rights not expressly granted in these terms or any express written license, are reserved by us.
3. Unauthorized Use
  
  Your use of the Content or any intellectual property owned by the Company other than that expressly authorized in this agreement or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times your total Program Fee in the event of your Unauthorized Use, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
  
  You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
4. Your License to the Company; Use in Testimonials and Marketing.
  
  By posting or submitting any material during the Program such as comments, posts, photos, designs, graphics, images or videos or other contributions, you are representing to us that you are the owner of all such materials and you are at least 18 years old.
  
  The Company may request your consent to use your likeness (including your name or screen name), comments, posts, photos, images, videos or other contributions created by you (collectively, “Your Material”), for any purposes, including commercial purposes such as advertising. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future website or Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you. You acknowledge that, if you grant this consent, we have the right but not the obligation to use Your Material and that we may cease the use of Your Material on our website or in our Content at any time for any reason. You consent to the Company disclosing Your Material to a governing body or organization if it is requested or necessary to do so. You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Program that may contain you, your voice and/or your likeness. The Company may request your consent to the Company’s use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Company in connection with your participation in the Program. If you grant such consent, you agree that the Company, and anyone authorized by the Company, is granted the right, without any compensation to you, to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in the Program. Course Materials or our Content at any time for any reason.
5. Request for Permission to Use the Content
  
  If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE using it by sending an e-mail to support@jayshettygenius.com.
  
  If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Program and Content.
Your Conduct

Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.

You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You agree to post comments or other material only one time.

The Company, in its discretion, may delete or modify, in whole or part, any post, comment or submission to the Company’s and any third-party forums operated by the Company. The Company does not, however, have any obligation to monitor posts, comments, or material submitted by third parties. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. The Company shall not be responsible or liable for any loss or damage caused by third-party posts, comments, or materials on the Company website and any third-party forums operated by the Company.

You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to other Program Students, and Jay Shetty Genius team members.
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums or platforms operated by the Company
- Sharing private or proprietary information from other Program Students with anyone else
- Violating the rules posted in any private forum, whether hosted by Company or on a third-party site
- Infringing on any third party’s copyright or other intellectual property rights
The Company may immediately and permanently terminate your participation in the Program, your access to the Content without refund, if, in the Company’s sole discretion, your conduct violates these TOU in any way or if the Company receives credible evidence that you are not coaching consistent with the Program’s principles or have engaged in conduct that is abusive, threatening, harassing, legally discriminatory, or otherwise illegal.
Spam, Unsolicited Outreach and Official Information Source

We strictly prohibit the solicitation or advertising of content, goods, services, free programs, webinars, or information not provided by the Company. Any form of unsolicited communication, including private messages or emails without permission, is considered spam and a breach of our privacy policy.

Any form of self-promotion, marketing, or advertising is not permitted in our community spaces. We strive to maintain a focused and growth-oriented environment for all Customers.

We do not endorse any community group/s outside of our official Program platform. All official and up-to-date information, guidelines, and guidance are exclusively available on our platform. We do not endorse or support any external community group, or individual claiming affiliation with the Company as a liaison, mentor, supervisor or asking for payment to join.
Confidentiality

Your relationship with the Company is not legally bound by confidentiality and your communications with the Company are not covered by any privilege. Nevertheless, the Company agrees to keep all of your sessions and submissions confidential except when disclosure is required by law.

Confidential information does not include information that was in the Company’s possession prior to your participation in the Program, is generally known to the public or in your circle of family and/or acquaintances, or the Company is required by law to disclose.

You agree to keep all information you learn about other Program Customers, their businesses, or clients (as applicable) strictly confidential except in very rare circumstances where disclosure is required by law. Students may not record or use artificial intelligence transcription services on any Program calls, coaching calls, webinars or workshops. Any recording or transcription apps will be denied access to or removed from Program sessions.

If you share any recorded coaching calls or third-party forum postings outside the private member areas of the Company’s website or any third-party forums operated by the Company, your participation in the Program, access to the Content may be immediately terminated without refund.

You agree that the Company shall not be liable for the disclosure of any of your information by another Program participant.

The Company may record Program calls and share them, in whole or in part, in the Program, on the Company’s website, or on third-party forums operated by the Company.
Username and Password

To access certain features of the Program, including any private Program areas, you may need a username and password. You agree to keep your username and password confidential. During the registration process for any service or product, you agree to provide true, accurate, current and complete information about yourself. If the Company has reasonable grounds to suspect that you have provided false information, shared your username and password with anyone else, or forwarded any non-public material from the Program to any other person, the Company has the right to suspend or terminate your account and refuse any and all current or future use of the Program or any Content, in whole or part without refund. Any personally identifiable information you provide as part of the registration process is governed by the terms of the Company’s website Privacy Policy.
Live or In-Person Events

If you participate in any live or in-person event offered by the Company, you agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the event. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the event. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the event or any person, facility or property.

You consent to medical care and transportation in order to obtain treatment in the event of injury to you as Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.

If you choose to consume alcoholic beverages during any part of the event, you must do so responsibly and only if you are of a legal age to do so.

The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during any event.

By participating in any event, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property. You release, covenant not to sue, and hold harmless the Company, its subsidiaries, affiliated companies, owners, directors, officers, past and present employees, agents, coaches, mentors, supervisors, speakers, representatives, successors, assigns and volunteers (“Releasees”) for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the event, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
Termination

The Company reserves the right in its sole discretion to refuse or terminate your access to the Program in full or in part, at any time without notice. The Company may terminate your participation in the Program at any time, without refund, if you breach any part of these TOU. In the event of cancellation, termination, or revocation, you are no longer authorized to access the part of the Program affected by such cancellation, termination or revocation. The restrictions imposed on you in these TOU with respect to the Program will still apply now and in the future, even after termination by you or the Company.
Security

You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
Customers Outside United States

The Company controls and operates the Program in the United States. The Company does not represent that the materials in the Program are appropriate or available for use in other locations. People who choose to access the Program from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable
Indemnification and Release

You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your use of the Program in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available on the Program (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
Force Majeure

The Company will not be deemed to have breached these TOU for any delay or failure in performance caused by events out of its reasonable control, including acts of God or a public enemy; natural disasters or calamities; epidemic; pandemic; failure of a third party to perform; changes in the laws or regulations; actions or executive orders of any civil, military or regulatory authority; power outage or other disruptions of communication methods or any other cause which would be out of the reasonable control of the Company.
Entire Agreement; Modifications

You expressly agree that these TOU are intended to be as broad and inclusive as permitted by the law of the State of California, and that if any portion is held invalid, it is agreed that it will be severed and the balance shall continue in full legal force and effect. Along with the Program Agreement, these TOU are the entire agreement of the parties, reflects their complete understanding with respect to the subject matter, and supersede all prior written and oral representations.

The Company may change, modify or update these TOU at any time. Any access or use of the Program by you after the Company publicly posts or distributes such changes shall constitute consent of such modifications. If you have any questions or concerns about this Program Agreement or these TOU, contact support@jayshettygenius.com.

Last Modified: October 26th, 2024

Program Agreement & Terms and Conditions of Use