For business clients and prospective clients
These Terms of Service ("Terms") govern your access to and use of jsmediapartners.com and our related business services (the "Site"), operated by Hugh O'Shea, PLLC, a Florida professional limited liability company doing business as JS Media Partners ("we," "us," or "our").
By accessing or using the Site, you agree to these Terms. If you do not agree, do not use the Site.
These Terms govern use of the Site and the purchase process.
If you purchase lead generation services, that purchase is governed by a separate written Master Services Agreement and Service Order. In the event of any conflict between these Terms and that agreement, the Master Services Agreement controls as to the purchased services, including delivery obligations, quality standards, replacement and credit policy, exclusivity terms, and termination.
JS Media Partners is a marketing and lead generation company. We are not an insurance agency, insurance broker, or insurance producer. We do not sell insurance, do not solicit insurance on behalf of any carrier, and do not provide insurance, tax, legal, or financial advice.
We deliver consumer contact information — "opportunities" — to licensed insurance producers on an exclusive, per-territory basis.
By purchasing or using our services, you represent and warrant that:
You are solely responsible for your own compliance. We do not verify your licensure and assume no duty to do so.
We make no representation, warranty, or guarantee regarding sales, conversions, appointments set, applications submitted, policies issued, commissions, return on investment, or revenue.
Any figures, examples, case studies, or testimonials on the Site are illustrative and do not represent typical results. Outcomes depend on factors outside our control, including your contact speed, sales process, licensing, carrier relationships, pricing, market conditions, and consumer behavior.
Our obligations regarding the quality and replacement of delivered opportunities are set out exclusively in the Master Services Agreement. Nothing on the Site expands them.
Prices are in U.S. dollars. Payments are processed by our third-party payment processor, and by submitting payment you also agree to that processor's terms.
Services are prepaid. Delivery begins after payment clears and onboarding information is received.
Refund, credit, and replacement policies are governed by the Master Services Agreement and applicable Service Order. Except as required by law or expressly provided there, payments are non-refundable.
Where you purchase a recurring subscription, it renews automatically at the stated interval until cancelled in accordance with the applicable agreement. You are responsible for cancelling before a renewal date if you do not wish to be charged.
Chargebacks. If you dispute a charge for services already delivered, we reserve the right to suspend delivery and pursue the amount owed, along with any associated fees.
Where your Service Order specifies an exclusive territory, the scope, duration, and conditions of that exclusivity are defined in the Master Services Agreement. Nothing on the Site creates or extends an exclusivity right.
You agree not to:
We may suspend or terminate Site access at any time.
The Site, including its text, graphics, logos, trade names, trade dress, layout, and software, is owned by us or our licensors and protected by United States and international intellectual property law. The JS Media Partners name and logo are our trade names and marks.
You may not copy, reproduce, distribute, publish, or create derivative works from Site content without our prior written permission.
Pricing, territory availability, delivery methodology, and other non-public information we share with you in the course of a sales conversation or engagement is confidential. You agree not to disclose it to third parties except as required by law or to your professional advisors under a duty of confidence.
The Site may link to websites we do not operate. We do not control and are not responsible for their content, products, services, or privacy practices. A link is not an endorsement.
THE SITE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT THE SITE WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF HARMFUL COMPONENTS, OR THAT ANY INFORMATION ON IT IS ACCURATE, COMPLETE, OR CURRENT.
Some jurisdictions do not allow certain warranty exclusions, so some of the above may not apply to you.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST BUSINESS OPPORTUNITY, OR LOSS OF DATA, ARISING OUT OF OR RELATING TO YOUR USE OF THE SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
OUR TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SITE WILL NOT EXCEED THE AMOUNTS YOU PAID TO US IN THE THREE MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
Liability arising from purchased services is governed by the Master Services Agreement.
You agree to indemnify, defend, and hold harmless Hugh O'Shea, PLLC, its affiliates, officers, members, employees, and agents from and against any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or relating to:
Please read this section carefully. It affects your legal rights.
Any dispute arising out of or relating to these Terms or the Site will be resolved by binding arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules, rather than in court, except that either party may bring an individual claim in small claims court.
Arbitration will take place in Volusia County, Florida, or another mutually agreed location, before a single arbitrator. The award may be entered as a judgment in any court of competent jurisdiction.
Class action waiver. Any proceeding will be conducted only on an individual basis and not as a class, collective, consolidated, or representative action.
Nothing here prevents either party from seeking injunctive relief in court for infringement or misuse of intellectual property or confidential information.
Where a Master Services Agreement is in effect, its dispute resolution provisions control as to the purchased services.
These Terms are governed by Florida law, without regard to conflict of law principles. Subject to Section 14, exclusive venue is the state or federal courts in Volusia County, Florida.
We may modify these Terms at any time. The "Last updated" date reflects the most recent version. Continued use after changes are posted constitutes acceptance.
Severability. If any provision is unenforceable, the rest remain in effect.
No waiver. Our failure to enforce a provision is not a waiver of it.
Assignment. You may not assign these Terms without our written consent. We may assign freely.
Independent contractors. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and us. The name "JS Media Partners" is a trade name and does not indicate a partnership with any client.
Entire agreement. These Terms, our Privacy Policy, and any applicable Master Services Agreement constitute the entire agreement regarding the Site.
JS Media Partners A trade name of Hugh O'Shea, PLLC Ormond Beach, Florida
Email: [email protected] Phone: (386) 316-7949