Terms & Conditions
JCO Ventures LLC, dba Capital Commerce Effective Date: January 1, 2022 | Last Revised: March 2026
This website (the “Site”) is owned and operated by JCO Ventures LLC dba Capital Commerce (“Capital Commerce,” “we,” “us,” or “our”). By accessing or using the Site in any manner, whether automated or otherwise, you agree to be bound by these Terms and Conditions (“Terms”), our Privacy Policy, our Refund Policy, and any additional terms that may apply to specific sections of the Site or to products and services available through the Site or from Capital Commerce.
We reserve the right to change these Terms at any time by posting revised Terms on this Site. By continuing to use the Site after any such changes are posted, you accept the Terms as modified. If you do not agree with any part of these Terms, please discontinue use of the Site immediately.
Table of Contents
- Intellectual Property Rights
- Disclaimers
- Results Disclaimer
- Email Marketing Communications
- SMS / Text Message Communications
- Online Commerce
- Interactive Features
- Registration and Passwords
- Limitation of Liability
- Refund Policy
- Termination
- DMCA and Copyright Infringement
- Dispute Resolution and Governing Law
- Class Action Waiver
- Force Majeure
- Entire Agreement and Document Hierarchy
- Severability
- Accessibility and Non-Discrimination
- Contact Information
1. Intellectual Property Rights
Our Limited License to You
This Site and all materials available on the Site are the property of Capital Commerce and/or our affiliates or licensors, and are protected by copyright, trademark, and other intellectual property laws. The Site is provided solely for your personal, noncommercial use. You may not use the Site or its materials in a manner that constitutes an infringement of our rights or that has not been authorized by us. Unless explicitly authorized in these Terms or by the owner of the materials, you may not modify, copy, reproduce, republish, upload, post, transmit, translate, sell, create derivative works, exploit, or distribute in any manner or medium (including by email or other electronic means) any material from the Site. You may download and/or print one copy of individual pages of the Site for your personal, non-commercial use, provided that you keep intact all copyright and other proprietary notices.
Your License to Us
By posting or submitting any material (including comments, blog entries, social media postings, photos, and videos) to us via the Site, internet groups, social media venues, or to any of our staff via email, text, or otherwise, you represent: (i) that you are the owner of the material, or are making your posting or submission with the express consent of the owner; and (ii) that you are eighteen (18) years of age or older.
When you submit, email, text, or post any material, you grant us, and anyone authorized by us, a royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, exploit, create derivative works from, distribute, and/or publicly perform or display such material, in whole or in part, in any manner or medium, now known or hereafter developed, for any purpose. This grant includes the right to exploit any proprietary rights in such submission, including rights under copyright, trademark, service mark, or patent laws. You also grant us the right to identify you as the author of any posting by name, email address, or screen name, as we deem appropriate.
Any contributions originally created by you for Capital Commerce shall be deemed a “work made for hire” as defined in Section 101 of the United States Copyright Act. As such, the copyright in those works shall belong to Capital Commerce from their creation. To the extent any such contributions are not deemed works made for hire, you hereby irrevocably assign, convey, and transfer to Capital Commerce all proprietary rights, including all copyrights and trademarks, throughout the universe, in perpetuity, in every medium now known or hereafter devised.
Capital Commerce has the right but not the obligation to use and display any postings or contributions, and may cease the use and display of any such materials at any time for any reason.
Limitations on Linking and Framing
You may establish a hypertext link to the Site so long as the link does not state or imply any sponsorship of your site by us. However, you may not, without our prior written permission, frame or inline link any of the content of the Site, or incorporate into another website or service any of our material, content, or intellectual property.
2. Disclaimers
Throughout the Site, we may provide links to third-party websites. Our linking to such sites does not imply endorsement or sponsorship of those sites, or the information, products, or services offered on or through them. Neither we nor our affiliates operate or control any information, products, or services that third parties may provide on or through the Site.
Any opinions, advice, statements, services, offers, or other information expressed or made available by third parties are those of the respective authors or distributors, and not Capital Commerce. Neither Capital Commerce nor any third-party provider of information guarantees the accuracy, completeness, or usefulness of any content.
THE INFORMATION, PRODUCTS, AND SERVICES OFFERED ON OR THROUGH THE SITE AND BY CAPITAL COMMERCE AND ANY THIRD-PARTY SITES ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. WE DO NOT WARRANT THAT THE SITE OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
You agree to defend, indemnify, and hold harmless Capital Commerce, its affiliates, successors, assigns, licensees, parent and subsidiary companies, agents, officers, directors, shareholders, and employees from and against any and all claims, causes of action, damages, liabilities, costs, and expenses, including legal fees, arising out of or related to your breach of any obligation, warranty, representation, or covenant set forth in these Terms.
3. Results Disclaimer
Capital Commerce provides educational programs, coaching, and resources designed to help brick-and-mortar retailers grow their online presence and ecommerce revenue. The content, strategies, and frameworks we teach are based on real-world experience and results achieved by actual clients. However, individual results will vary.
ANY CASE STUDIES, CLIENT EXAMPLES, TESTIMONIALS, OR RESULTS REFERENCED ON THIS SITE OR IN OUR PROGRAMS ARE NOT GUARANTEES OR PROMISES OF SIMILAR OUTCOMES. YOUR RESULTS WILL DEPEND ON MANY FACTORS, INCLUDING BUT NOT LIMITED TO YOUR MARKET, EXISTING CUSTOMER BASE, PRODUCT OFFERING, IMPLEMENTATION EFFORT, BUDGET, TEAM, AND INDIVIDUAL BUSINESS CONDITIONS. CAPITAL COMMERCE DOES NOT GUARANTEE ANY SPECIFIC REVENUE OUTCOME, TRAFFIC RESULT, CONVERSION RATE, OR RETURN ON INVESTMENT FROM PARTICIPATION IN ANY PROGRAM OR USE OF ANY CONTENT ON THIS SITE.
The information provided through our programs and this Site does not constitute legal, compliance, financial, tax, accounting, or other professional advice. When appropriate, you should consult your own legal, accounting, or other qualified advisors. Capital Commerce and its owners, officers, directors, employees, and affiliates are not financial advisors, and nothing on this Site should be construed as financial advice.
4. Email Marketing Communications
By providing your email address through our Site, webinar registrations, lead forms, or other opt-in mechanisms, you consent to receive email communications from Capital Commerce. These may include promotional emails, educational content, program announcements, event invitations, and follow-up communications.
You may opt out of marketing emails at any time by clicking the “Unsubscribe” link in any marketing email or by contacting us at [email protected]. Opting out of marketing emails does not opt you out of transactional or administrative emails related to purchases or account activity.
We comply with the CAN-SPAM Act and all applicable email marketing laws. We do not sell or rent your email address to third parties for their independent marketing purposes.
5. SMS / Text Message Communications
In Short: This section governs the contractual terms of our SMS program. By opting in, you make specific representations to us and agree to the terms below.
Your Representations Regarding the Opt-In
By providing a mobile phone number and opting in to receive SMS communications from Capital Commerce, you represent and warrant that:
- The mobile phone number you provide is your own and you are the current subscriber or customary user of that number
- You are the authorized account holder for the mobile number provided, or have authority to provide consent for that number
- You are at least 18 years of age
- You are authorized to agree to these Terms and are doing so voluntarily
You understand that if you provide a mobile number that is not assigned to you, is a recycled number, or is otherwise not under your authority to consent for, Capital Commerce may send SMS messages to a third party who did not consent. You agree to indemnify and hold Capital Commerce harmless from and against any claims, damages, or penalties arising from your providing of inaccurate phone number information, including any claims arising under the Telephone Consumer Protection Act (TCPA) or applicable state law.
Opt-In Consent
By providing your mobile phone number and affirmatively opting in to our SMS program (for example, by checking an unchecked opt-in box on a registration form, landing page, or checkout), you consent to receive recurring automated marketing and informational text messages from Capital Commerce to the mobile number you provide. Consent to receive SMS messages is not a condition of any purchase.
Message Frequency
Message frequency varies based on your activity and program enrollment. You may receive more messages during active webinar or event periods. Message and data rates may apply.
How to Opt Out
You may opt out at any time by replying STOP to any text message from us. You will receive a one-time confirmation and no further marketing texts will be sent. To re-subscribe, reply START or opt in again through one of our forms. For help, reply HELP or contact [email protected].
Program Misuse
You agree not to use our SMS program in any fraudulent, abusive, or unlawful manner. Capital Commerce reserves the right to suspend or terminate your access to SMS communications if we determine, in our sole discretion, that you have misused the program, provided false information during opt-in, or violated these Terms.
Liability Disclaimer
Neither Capital Commerce nor mobile carriers are liable for delayed or undelivered messages. We do not sell or share your mobile phone number with third parties for their independent marketing purposes. Your phone number may be shared with GoHighLevel, our SMS platform provider, solely to facilitate message delivery.
6. Online Commerce
Certain sections of the Site may allow you to purchase products and services online. We are not responsible for the quality, accuracy, timeliness, or reliability of any third-party products or services. If you make a purchase through the Site or through a linked site, information you provide (including payment information) may be collected by both the merchant and us, and may be subject to that merchant’s own privacy and data practices.
You agree to be financially responsible for all purchases made by you or on your behalf through the Site. You agree to use the Site and purchase services only for legitimate, non-commercial purposes and not for speculative, false, or fraudulent ends.
Your dealings with any third-party merchant found on or through our Site, including payment, delivery, and any related terms, are solely between you and that third party. Capital Commerce is not responsible for any loss or damage resulting from such dealings.
7. Interactive Features
The Site may include bulletin boards, web logs, chat rooms, email services, and other interactive features. You are solely responsible for the material you post or send via these features. You agree not to:
- Restrict or inhibit any other user from using the Site
- Impersonate any person or entity, or misrepresent your affiliation with any person or entity
- Interfere with or disrupt servers or networks used to provide the Site
- Use the Site to encourage or facilitate illegal activities or cause injury or property damage
- Gain unauthorized access to the Site, any account, computer system, or network
- Post or transmit unlawful, threatening, abusive, defamatory, obscene, pornographic, or indecent content
- Post or transmit content that infringes upon the intellectual property or privacy rights of others
- Post or transmit content containing viruses or other harmful components
- Use the Site for commercial advertising or solicitation without our express written approval
- Collect email addresses or other personal information from other users for marketing purposes
Capital Commerce may remove or alter any user-created content at any time for any reason. We expressly disclaim all responsibility for the validity of any opinion, advice, or information posted in public forums by third parties.
8. Registration and Passwords
To access certain features of the Site, you may be asked to register and provide personally identifiable information. You agree to provide true, accurate, current, and complete information. If we have reasonable grounds to suspect that such information is inaccurate or incomplete, we reserve the right to suspend or terminate your account.
You are responsible for maintaining the confidentiality of your password and account and for all activities that occur under your account. You agree to notify us immediately of any unauthorized use of your account or any other breach of security. Capital Commerce is not liable for any loss or damage arising from your failure to protect your account information.
By registering, you confirm that you are at least 18 years of age. Our Site and Services are not directed to individuals under the age of 18.
9. Limitation of Liability
UNDER NO CIRCUMSTANCES, INCLUDING BUT NOT LIMITED TO NEGLIGENCE, SHALL CAPITAL COMMERCE, ITS SUBSIDIARY AND PARENT COMPANIES, OR AFFILIATES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THE SITE OR ANY CONTENT, PRODUCTS, OR SERVICES MADE AVAILABLE THROUGH THE SITE OR BY US, EVEN IF WE ARE ADVISED BEFOREHAND OF THE POSSIBILITY OF SUCH DAMAGES.
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN CATEGORIES OF DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE STATE LAW.
IN NO EVENT SHALL CAPITAL COMMERCE’S TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT PAID BY YOU TO CAPITAL COMMERCE IN THE SIX (6) MONTHS PRECEDING THE CLAIM, OR ONE HUNDRED DOLLARS ($100.00), WHICHEVER IS GREATER.
THIS SITE IS CONTINUALLY UNDER DEVELOPMENT AND CAPITAL COMMERCE MAKES NO WARRANTY OF ANY KIND, IMPLIED OR EXPRESS, AS TO ITS ACCURACY, COMPLETENESS, OR APPROPRIATENESS FOR ANY PURPOSE.
10. Refund Policy
Each product, service, program, or event offered by Capital Commerce may have its own specific refund terms, which will be disclosed at or before the point of purchase. In general, the following framework applies:
- Digital products and downloadable content: All sales are final unless otherwise stated at the point of purchase.
- Coaching programs and live engagements (including the Momentum Program): Refund eligibility, if any, will be stated in the program enrollment agreement or checkout page. Completion of any portion of the program may affect refund eligibility.
- Live events and workshops: Refund and cancellation terms will be provided at registration. Capital Commerce reserves the right to reschedule or cancel events due to circumstances beyond our control.
- Dispute or question about a charge: Please contact us at [email protected] within 30 days of the charge and we will work to resolve the issue in good faith.
Capital Commerce reserves the right to issue refunds or credits at its sole discretion where circumstances warrant. Chargebacks initiated without first contacting Capital Commerce may result in suspension of access to purchased programs or services.
11. Termination
We may cancel or terminate your right to use the Site or any part of the Site at any time without notice. In the event of cancellation or termination, you are no longer authorized to access the affected portion of the Site. The restrictions on downloaded materials, the disclaimers, and the limitations of liability set forth in these Terms shall survive termination.
12. DMCA and Copyright Infringement
The Digital Millennium Copyright Act of 1998 (“DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law.
To Submit a DMCA Notice
If you believe in good faith that materials hosted by Capital Commerce infringe your copyright, you or your authorized agent may send a written notice to our designated copyright agent that includes:
- A physical or electronic signature of the copyright owner or authorized agent
- Identification of the copyrighted work claimed to have been infringed
- Identification of the infringing material and its location on our Site
- Your contact information (name, address, telephone number, and email address)
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law
- A statement under penalty of perjury that the information in the notice is accurate and that you are the copyright owner or authorized to act on their behalf
DMCA Counter-Notice
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send a counter-notice to our copyright agent. Counter-notices must meet the statutory requirements of the DMCA. See http://www.loc.gov/copyright for details.
Designated Copyright Agent
JCO Ventures LLC, dba Capital Commerce Attn: Copyright Agent 5535 Memorial Dr, Suite F1172 Houston, TX 77007 Email: [email protected]
Note: This contact is solely for DMCA notices. Inquiries unrelated to copyright infringement will not receive a response at this address.
13. Dispute Resolution and Governing Law
These Terms shall be governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law principles. Any dispute arising out of or relating to these Terms or your use of the Site shall be subject to binding arbitration in Harris County, Texas.
Before initiating arbitration, you agree to first contact Capital Commerce in writing at [email protected] and provide a description of the dispute and the relief sought. We will attempt to resolve the dispute informally within 30 days of receiving your notice. If we are unable to resolve the dispute informally, either party may then initiate arbitration.
The arbitration shall be conducted by a mutually agreed-upon arbitrator or, if no agreement is reached, through the American Arbitration Association (AAA) under its then-current rules. The arbitrator’s decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
If any provision of this section is found unlawful, void, or unenforceable, that provision shall be severable from these Terms and shall not affect the validity of the remaining provisions.
14. Class Action Waiver
YOU AND CAPITAL COMMERCE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE ACTION. UNLESS BOTH YOU AND CAPITAL COMMERCE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
If the Class Action Waiver is found to be illegal or unenforceable, the entire arbitration provision of Section 13 shall be unenforceable and the dispute shall be decided by a court of competent jurisdiction in Harris County, Texas.
15. Force Majeure
Capital Commerce shall not be liable for any failure or delay in performance of its obligations under these Terms to the extent such failure or delay is caused by circumstances beyond our reasonable control, including but not limited to acts of God, natural disasters, pandemic or public health emergencies, war, terrorism, government actions, internet or platform outages, third-party service failures, or other events outside our reasonable control (each a “Force Majeure Event”).
In the event of a Force Majeure Event, we will make reasonable efforts to notify affected users and to resume performance as soon as practicable. Force Majeure Events do not entitle you to a refund unless expressly stated in the applicable program or event refund policy.
16. Entire Agreement and Document Hierarchy
These Terms, together with our Privacy Policy and any program-specific enrollment agreements or purchase terms, constitute the entire agreement between you and Capital Commerce with respect to your use of the Site and our Services, and supersede all prior or contemporaneous communications, agreements, and understandings, whether written or oral, relating to the subject matter herein.
In the event of a conflict between these Terms and any program-specific enrollment agreement (such as a Momentum Program enrollment agreement or NRC membership agreement), the following hierarchy applies:
- Program-specific enrollment agreements control over these Terms for all matters specific to that program, including but not limited to refund eligibility, program deliverables, cancellation terms, and payment schedules
- These Terms control over program-specific enrollment agreements for all matters relating to general Site use, intellectual property, dispute resolution, limitation of liability, and conduct
- The Privacy Policy governs all matters relating to the collection, use, and handling of personal information, and controls over both these Terms and program-specific enrollment agreements on those matters
No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. Capital Commerce’s failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.
17. Severability
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, that provision shall be deemed severable from the remaining Terms and shall not affect the validity or enforceability of any remaining provisions, which shall continue in full force and effect.
18. Accessibility and Non-Discrimination
Capital Commerce is committed to making our Site and Services accessible to all users. We do not discriminate against any user on the basis of race, color, national origin, sex, disability, age, religion, or any other characteristic protected by applicable law. If you require these Terms in an alternative format or have difficulty accessing any portion of our Site due to a disability, please contact us at [email protected] and we will make reasonable efforts to accommodate your request.
19. Contact Information
If you have any questions about these Terms, please contact us:
JCO Ventures LLC, dba Capital Commerce 5535 Memorial Dr, Suite F1172 Houston, TX 77007 United States Email: [email protected]
These Terms & Conditions were last updated in March 2026. Capital Commerce reserves the right to amend these Terms at any time. Continued use of our Site and Services following notice of changes constitutes acceptance of the updated Terms.