Legal
Plain language. Short. Governing law: California.
These Terms of Service ("Terms") govern your use of the JD Media website at jdmedia.biz and any consulting services provided by JD Media, a sole-proprietor LLC operated by Juan Fernandez in Fallbrook, California ("JD Media," "we," "us"). By using this site or engaging our services, you agree to these Terms.
JD Media provides growth and retention consulting, marketing system builds, and related services to local businesses. The scope, deliverables, timeline, and fees for any paid engagement are established in a separate written agreement or proposal between you and JD Media. These Terms apply in the absence of, and supplement, any such agreement.
The free audit walkthrough provided in response to a form submission is informational and educational in nature. It represents our good-faith assessment of opportunities we observe, based on the information you provide and publicly available information about your business.
Past results described on this site (e.g., the $6K to $14K studio example) reflect one client's experience and are not a promise of similar results for your business.
For paid consulting work, specific terms including payment schedule, deliverables, revisions, and cancellation are set out in your individual agreement. In the absence of a signed agreement, payment is due upon invoice and work remains the property of JD Media until paid in full.
JD Media retains all intellectual property rights in its own materials, frameworks, templates, systems, and processes, including any developed or refined during a client engagement. Upon full payment, you receive a license to use deliverables created specifically for your business. You do not receive ownership of underlying tools, methodologies, or templates we apply across clients.
Content you provide to us (your business name, copy, images, brand materials) remains your property. You grant us a limited license to use it solely to perform the agreed services.
To the maximum extent permitted by applicable California law, JD Media's total liability to you for any claim arising from these Terms or our services — whether in contract, tort, or otherwise — is limited to the amount you paid JD Media in the 30 days preceding the claim. For free services (including free audits), our liability is zero.
In no event will JD Media be liable for indirect, incidental, consequential, or punitive damages, including lost profits or lost revenue, even if we have been advised of the possibility of such damages.
Nothing in these Terms limits liability that cannot be excluded under California law, including liability for gross negligence or willful misconduct.
This website and the free audit are provided "as is" without warranty of any kind, express or implied. We make no warranty that the site will be error-free, uninterrupted, or that any information on it is complete, accurate, or current.
These Terms are governed by the laws of the State of California, without regard to its conflict-of-law principles. Any dispute arising from these Terms or our services will be resolved in the state or federal courts located in San Diego County, California, and you consent to personal jurisdiction there.
We may update these Terms from time to time. The "Last updated" date at the top reflects the most recent revision. Continued use of this site after a revision constitutes acceptance of the updated Terms.
Questions about these Terms? Email juan@jdmedia.biz.