The following terms constitute an agreement between you and The Mastermind Playbook LLC ("Company", "we", or "us") and upon purchasing goods and services from Company, you acknowledge that you have read, understood, and agree to be bound by these Terms and Conditions and to comply with all applicable laws and regulations.
This Website and Hosting Platform is offered and available to users who are 18 years of age or older, and reside in the United States or any of its territories or possessions. By using this Website and Hosting Platform, you represent and warrant that you meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Website and Hosting Platform.
Company provides an online video and written training material suggesting best practices to start, run and scale mastermind groups (the “Services”).
You agree to pay to Company all applicable charges to its account in United States dollars, in accordance with the payment terms and conditions and/or payment plan mutually agreed upon, including all applicable taxes if any, for the provision of Services. You further agree that any setup fee (or similar one-time payment depending on the service purchased by you) is nonrefundable as it is applied to costs immediately incurred by Company in initiating Services. If you elect to pay Company by credit card, you agree to authorize Company to charge your credit card in advance for such payments and for any amounts owed under this Agreement.
In the event Company has to undertake collection efforts of amount owed to it by you, you agree to pay all fees (including all attorneys’ fees and court costs) incurred by us during that process.
Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Website and Hosting Platform and Services thereafter. However, any changes to the dispute resolution provisions set out in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or before the date the change is posted on the Website and Hosting Platform.
You understand that Company may modify its standard terms and conditions and Services from time to time and that Company reserves the right to adjust the pricing of its Services. Your continued use of the Website and Hosting Platform or Services following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
Accessing the Website and Hosting Platform and Account Security
We reserve the right to withdraw or amend this Website and Hosting Platform, and any Service or material we provide on the Website and Hosting Platform, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website and Hosting Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website and Hosting Platform, or the entire Website and Hosting Platform, to users, including registered users.
You are responsible for:
- Making all arrangements necessary for you to have access to the Website and Hosting Platform.
- Ensuring that all persons who access the Website and Hosting Platform through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose, or are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website and Hosting Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any username, password, or other identifier, whether chosen by you or provided by us, at any time if, in our opinion, you have violated any provision of these Terms and Conditions.
Intellectual Property Rights
The Website and Hosting Platform and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by the Company, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
The Company name, the Company logo, and all related names, logos, product and Service names, designs, and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs, and slogans on this Website and Hosting Platform are the trademarks of their respective owners.
No right, title, or interest in or to the Website and Hosting Platform, any content on the Website and Hosting Platform, or any trademarks are transferred to you, and all rights not expressly granted are reserved by the Company. Any use of the Website and Hosting Platform not expressly permitted by Company or these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
You acknowledge and agree that all information disclosed to you by the Company, including any and all methods, processes, skills, know-how, techniques, information, market plans, software (including source and object code), the Hosting Platform, computer programs, algorithms, pricing, customer lists, trade practices, and other proprietary information relating to the Services, is proprietary, confidential, and constitutes trade secrets of the Company (“Confidential Information”). You shall at all times use your best efforts to keep the Confidential Information confidential and shall limit access to the information to your employees and independent contractors on a need-to-know basis. You agree to adhere fully and strictly to all confidentiality attached to such information and to exercise the highest degree of diligence in safeguarding Confidential Information during and after the term of this Agreement.
You acknowledge that the unauthorized use or disclosure of Confidential Information will cause irreparable injury to the Company and that damages are not an adequate remedy. You accordingly covenant that you shall not at any time, without our prior written consent, disclose, use, permit the use thereof, copy, duplicate, record, transfer, transmit, merge, reverse-engineer, or otherwise reproduce such Confidential Information, in any form or by any means, in whole or in part, or otherwise make the same available to any unauthorized person or source, except as may be required by applicable law or authorized by this Agreement. Disclosure of the Confidential Information may be made in judicial or administrative proceedings, but only to the extent you are legally compelled to disclose the Confidential Information and provided that you first give us the opportunity to obtain an appropriate protective order or other assurance that the confidential nature of the material to be disclosed will be maintained.
You may use the Website and Hosting Platform only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website and Hosting Platform:
In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries).
For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
To transmit, or procure the sending of, any advertising or promotional material, including any "junk mail", "chain letter", "spam", or any other similar solicitation.
To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website and Hosting Platform, or which, as determined by us, may harm the Company or users of the Website and Hosting Platform or expose them to liability.
Additionally, you agree not to:
Use the Website and Hosting Platform in any manner that could disable, overburden, damage, or impair the site or interfere with any other party's use of the Website and Hosting Platform, including their ability to engage in real time activities through the Website and Hosting Platform.
Use any robot, spider, or other automatic device, process, or means to access the Website and Hosting Platform for any purpose, including monitoring or copying any of the material on the Website and Hosting Platform.
Use any manual process to monitor or copy any of the material on the Website and Hosting Platform or for any other unauthorized purpose without our prior written consent.
Use any device, software, or routine that interferes with the proper working of the Website and Hosting Platform.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website and Hosting Platform, the server on which the Website and Hosting Platform is stored, or any server, computer, or database connected to the Website and Hosting Platform.
Attack the Website and Hosting Platform via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website and Hosting Platform.
Reliance on Information Posted
The information presented on or through the Website and Hosting Platform is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website and Hosting Platform, or by anyone who may be informed of any of its contents.
This Website and Hosting Platform may include content provided by third parties, including materials provided by bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.
Changes to the Website and Hosting Platform
We may update the content on this Website and Hosting Platform from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website and Hosting Platform may be out of date at any given time, and we are under no obligation to update such material.
Information About You and Your Visits to the Website and Hosting Platform
Linking to the Website and Hosting Portal
You are not permitted to link to our Website and Hosting Portal without our express written consent.
Links from the Website and Hosting Platform
If the Website and Hosting Platform contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website and Hosting Platform, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.
The owner of the Website and Hosting Platform is based in the state of Tennessee in the United States. We provide this Website and Hosting Platform for use only by persons located in the United States. We make no claims that the Website and Hosting Platform or any of its content is accessible or appropriate outside of the United States. Access to the Website and Hosting Platform may not be legal by certain persons or in certain countries. If you access the Website and Hosting Platform from outside the United States, you do so on your own initiative and are responsible for compliance with local laws.
Disclaimer of Warranties
You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website and Hosting Platform will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND HOSTING PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND HOSTING PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE AND HOSTING PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPANY IS AT YOUR OWN RISK. THE WEBSITE AND HOSTING PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPANY ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND HOSTING PLATFORM OR THE RESULTS OR SUCCESS OF THE SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE AND HOSTING PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPANY WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE AND HOSTING PLATFORM OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE COMPANY WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Limitation on Liability
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, THE SERVICES, OR YOUR USE, OR INABILITY TO USE, THE WEBSITE AND HOSTING PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE AND HOSTING PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
You agree to defend, indemnify, and hold harmless the Company, its affiliates, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms and Conditions or your use of the Website and Hosting Platform, including, but not limited to, any use of the Website and Hosting Platform's content, services, and products other than as expressly authorized in these Terms and Conditions or your use of any information obtained from the Website and Hosting Platform.
Governing Law and Jurisdiction
All matters relating to the Website and Hosting Platform and these Terms and Conditions and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the internal laws of the State of Tennessee without giving effect to any choice or conflict of law provision or rule (whether of the State of Tennessee or any other jurisdiction).
Any legal suit, action, or proceeding arising out of, or related to, these Terms and Conditions or the Website and Hosting Platform shall be instituted exclusively in the federal courts of the United States or the courts of the State of Tennessee in each case located in Sumner County. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
Limitation on Time to File Claims
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS AND CONDITIONS OR THE WEBSITE AND HOSTING PLATFORM MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
Waiver and Severability
No waiver by the Company of any term or condition set out in these Terms and Conditions shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms and Conditions shall not constitute a waiver of such right or provision.
If any provision of these Terms and Conditions is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms and Conditions will continue in full force and effect.
Section headings are not to be considered a part of this Agreement and are not intended to be a full and accurate description of the contents hereof.
Successors and Assigns
All of the provisions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, if any, successors, and assigns.
No Third Party Beneficiaries
The covenants, undertakings, and agreements set forth in this Agreement are solely for the benefit of and enforceable by the parties or their respective successors or permitted assigns.
Survival and Severability
The sections of this Agreement that address or govern matters or circumstances that could occur after termination of this Agreement shall be interpreted to survive any such termination.
If any part, Section, sentence or clause of this Agreement shall be held to be indefinite, invalid or otherwise unenforceable, the provision which is indefinite, invalid or unenforceable shall be deemed deleted, and the remaining part of this Agreement shall continue in full force and effect.