TERMS AND CONDITIONS
By visiting and using momsmakecents.com (hereinafter the “website”), you accept and agree to be bound by these Terms and Conditions including our Disclaimer and Privacy Policy posted on the website and incorporated herein by reference.
The term “you” refers to anyone who uses, visits and/or views the website. MMC Media (“company”, “I”, “we” or “us”) reserves the right to amend or modify these terms and conditions in its sole discretion at any time without notice and by using the website, you accept those amendments. It is your responsibility to periodically check the website for updates.
Your continued use of the website after posting of any changes to our Terms and Conditions constitutes your acceptance of those changes and updates. You must not access or use the website if you do not wish to be bound by these Terms and Conditions.
PRIVACY POLICY
We are dedicated to respecting the privacy of your personal information. Your acceptance of our Privacy Policy is expressly incorporated into these Terms and Conditions. Please review our Privacy Policy for more information.
DISCLAIMER
Your acceptance of our Disclaimer is expressly incorporated into these Terms and Conditions. Please review the Disclaimer for more information.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive any legal claims you may have now or in the future arising from or related to the website and our products/services. In the event of a dispute, claim, or controversy arising from or relating to your use of this website, the terms and conditions shall be construed in accordance with the laws of the state of Utah, United States.
You agree to first resolve any disputes or claims through mandatory arbitration, and you consent to and submit to the jurisdiction and courts of Utah, without regard to conflict of law principles or where the parties are located at the time of the dispute.
You agree to bear the full cost of arbitration, to the extent permitted by law. Participation in arbitration in good faith is a condition precedent to pursuing any other legal or equitable remedies available, such as litigation or any other legal procedure. You also agree that if a legal claim is filed after the required arbitration, the prevailing party shall be entitled to recover reasonable attorney’s fees and other legal costs.
NO TRANSFER OF INTELLECTUAL PROPERTY
Nothing contained in this Agreement shall be construed as granting to any party a license, express or implied, under any patent, copyright, trade secret, or other intellectual property right now or hereafter owned, obtained, or licensable by a Party to this Agreement. Any intellectual property made in the performance of this Agreement shall be or remain the sole and exclusive property of that Party who created it, regardless of whether it is completed or reduced to practice thereafter. In the event that employees of the Parties jointly produce copyrightable material, such material shall be jointly owned and copyrighted with rights reserved for both Parties and both Parties shall share in the cost, if such copyright is registered.
If during the performance of this Agreement inventions result, the following shall apply: each invention, discovery, or improvement (hereinafter referred to as “Invention”) conceived or first actually reduced to practice by one or more employees of one of the Parties, shall be the sole property of the Party whose employee or employees made the Invention. Any Inventions conceived or first actually reduced to practice jointly by employees of both Parties hereto shall be jointly owned by both Parties.
Nothing in this Agreement is intended to transfer to the Client any rights in the Coach’s services or work performed, which shall remain the sole property of the Coach. Client is not authorized t use Coach’s intellectual property for Client’s business purposes. No license to sell or distribute Coach’s materials is granted or implied to the Client.
INJUNCTIVE RELIEF
Both Parties acknowledge that disclosure of any Confidential Information by each other will give rise to irreparable injury to the owner of such information, inadequately compensable in damages. Accordingly, either Party may seek and obtain injunctive relief against the breach or threatened breach of the foregoing undertakings, in addition to any other legal remedies which may be available.
STATUS OF COACH
Coach is an independent contractor and neither Coach nor Coach’s staff is or shall be deemed to be employed by Client. Nothing contained herein shall be construed to constitute the parties hereto as partners or joint venturers, or either as an agent of the other. Client is hereby contracting with Coach for the services described herein and Coach reserves the right to determine the method, manner and mean by which the Services will be performed. Coach is not required to perform the services during a fixed hourly or daily time and if the services are performed at the Client’s premises, then Coach’s time spent at the premises is to be at the discretion of the Coach; subject to the Client’s normal business hours and security requirements. Coach hereby confirms to Client that Client will not be required to furnish or provide any training to Coach to enable Coach to perform Services required hereunder.
The services shall be performed by Coach or Coach’s staff, and Client shall not be required to hire, supervise or pay any assistants to help Coach who performs the Services under this agreement. Coach shall not be required to devote Coach’s full time nor the full time of Coach’s staff to the performance of the Services required hereunder, and it is acknowledged that Coach has other Clients and Coach offers services to the general public. The order or sequence in which the work is to be performed shall be under the control of Coach.
Except to the extent that the Coach’s work must be performed on or with Client’s computers or Client’s existing software, all materials used in providing the Services shall be provided by Coach. Client shall not provide any insurance coverage of any kind for Coach or Coach’s staff, and Client will not withhold any amount that would normally be withheld from an employee’s pay. Coach shall take appropriate measures to insure that Coach’s staff is competent and that they do not breach this Agreement.
ASSIGNMENT; SUCCESSORS AND ASSIGNS
Coach agrees that it will not assign, sell, transfer, delegate or otherwise dispose of, whether voluntarily or involuntarily, or by operation of law, any rights or obligations under this Agreement, nor shall Coach’s rights be subject to encumbrance or the claims of creditors. Any purported assignment, transfer, or delegation shall be null and void.
Nothing in this Agreement shall prevent the consolidation of the Client with, or its merger into, any other corporation, or the sale by the Client of all or substantially all of its properties or assets, or the assignment by the Client of this Agreement and the performance of its obligations hereunder to any successor in interest or any Affiliated Client.
Subject to the foregoing, this Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, successors, and permitted assigns, and shall not benefit any person or entity other than those enumerated above.
THIRD-PARTY LINKS
The website may contain links to third-party websites or resources for your convenience. We may serve as an affiliate for some of these third-party websites by offering or advertising their products or services on the website; however, we do not own or control these third-party websites. Once you click on a third-party link and leave this website, you are no longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy, content or any information presented on these third-party websites. You assume all risks for using these third-party websites or resources and any transactions between you and these third-party websites are strictly between you and the third party. We shall not be liable for any damages resulting from your use of these third-party websites or resources.
USE OF OUR PAID AND FREE PRODUCTS
On this website, we may provide free products for download as well as sell paid courses, programs, physical or digital products, and any other related materials (collectively, “products”). All of our products and/or services, including all content, are copyright protected under US and international copyright laws. You are granted a limited revocable license to print or download Content from our digital products for your own personal, non-commercial, non-transferrable, informational and educational use only while ensuring it’s not in violation of any copyright, trademark, and intellectual property or proprietary rights. Copying or storing our content for other than personal use is expressly prohibited without our prior written consent.
You acknowledge and agree that you have no right to share, modify, sell, edit, copy, reproduce, create derivative works of, reverse engineer, enhance or in any exploit our products. You cannot sell or redistribute any of our products, whether free or paid ones, without our express written consent. You agree to abide by the copyright, trademark laws and intellectual property rights and shall be solely responsible for any violations of these terms and conditions.
TERMINATION
We reserve the right in our sole discretion to refuse, remove, restrict your access, revoke and terminate your use of our website including any or all Content published by you or us at any time for any reason, without notice.
CANCELLATION AND NO REFUND POLICY
Client agrees that once the coaching Services are rendered to the Client, there will be no refund issued by the Coach. Client agrees that it is the Client’s responsibility to reschedule or cancel coaching sessions in advance of the scheduled calls and meetings. Coach reserves the right to bill Client for a missed meeting or coaching session unless 48 hour cancellation notice is provided by the Client to the Coach.
ADDITIONAL WORK
After receipt of an order which adds to the Services, Coach may, at its discretion, take reasonable action and expend reasonable amounts of time and money based on such order. Client agrees to pay Coach for such action and expenditure as set forth as an Addendum to this Agreement at that time for payments related to Services.
DUTIES AND RESPONSIBILITIES
Coach Responsibility and Disclaimers
- Coach hereby agrees to provide and perform for the Client those Services set forth on in this Agreement. Coach shall devote its best efforts to the performance of the Services and to such other services as may be reasonably requested by the Client.
- Coach shall use its best efforts to comply with, and to ensure that each of its Agents comply with, all policies and practices regarding the use of facilities at which Services are to be performed hereunder.
- Personnel supplied by Coach to provide services to Client under this Agreement will be deemed Coach’s employees or agents and will not for any purpose be considered employees or agents of Client. Coach assumes full responsibility for the actions of such personnel while performing Services pursuant to this Agreement, and shall be solely responsible for their supervision, daily direction and control, provision of employment benefits (if any) and payment of salary (including all required withholding of taxes).
- Coach may disclose income reports, results, success results of other Clients or former Clients or customers including product reviews and testimonials from time to time. All efforts are made to accurately represent such information but there’s no guarantee that Client will achieve the same results by using those techniques or ideas shared by the Coach. Client is encouraged to perform its own due diligence and research and is solely responsible for its earnings and results. Client’s earning potential and results are contingent upon its individual personal circumstances, abilities, experience and skills. Therefore, Client agrees not to hold Coach and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with the Coach liable for any successes or failures directly or indirectly related to the information, reports, reviews, products and/or services shared with the Coach.
Client Responsibility
Coach provides the coaching Services under this Agreement strictly for educational and informational purposes only. Coaching Services provided by the Coach shall not be construed as professional advice tailored to any specific individual. Coach has multiple Clients and all information shared is for educational purposes intended for the general people. Client is encouraged to always seek a professional in the area for its particular needs and circumstances prior to making any professional, legal, financial, medical or tax related decisions affecting the Client or its business.
Client agrees that use of Coaching Services is at Client’s sole risk and that Client is solely responsible for the accuracy of the personal and any information provided by the Coach, outcome of Client’s actions, personal and business results, and for all other use in connection with the Coaching Services.
Client agrees to assume full responsibility for progress and results from the coaching Services. Coach makes no representations, warranties or guarantees verbally or in writing of any kind. Client agrees that its individual results may vary and that no promises of any kind are made by the Coach. Client agrees to assume all risk of loss for participation in the Coaching program and Services with the Coach. Coach does not promise or guarantee that Client will reach their goals as a result of participating in this coaching program.
MAINTENANCE OF CONFIDENTIALITY
Each party hereto (“Such Party”) shall hold in trust for the other party hereto (“Such Other Party”), and shall not disclose to any non-party to the Agreement, any confidential information of such Other Party. This constitutes as a mutual non-disclosure agreement. Confidential information is information which relates to Such Other Party’s research, development, trade secrets or business affairs, but does not include information which is generally known or easily ascertainable by non-parties of ordinary skill in computer systems design and programming.
“Confidential Information” does not include information that: (a) was in the Coach’s possession prior to its being furnished by the Client; (b) is generally known to the public or in the Client’s industry; (c) is obtained by the Coach from a third party, without breach of any obligation to the Client; (d) is independently developed by the Coach without use of or reference to the Client’s confidential information; or (e) the Coach is required by statute, lawfully issued subpoena, or by court order to disclose; (f) is disclosed to the Coach and as a result of such disclosure the Coach reasonably believes there to be an imminent or likely risk of danger or harm to the Client or others; and (g) involves illegal activity. The Client also acknowledges his or her continuing obligation to raise any confidentiality questions or concerns with the Coach in a timely manner.
Coach hereby acknowledges that during the performance of this contract, the Coach may learn or receive confidential Client information and therefore Coach hereby confirms that all such information relating to the Client’s business will be kept confidential by the Coach, except to the extent that such information is required to be divulged to the Coach’s clerical or support staff or associates in order to enable Coach to perform Coach’s contract obligation.
Coach agrees not to disclose or use, except as required in Coach’s duties, at any time, any information disclosed to or acquired by Coach during the term of this contract. Coach shall disclose promptly to Client all inventions, discoveries, formulas, processes, designs, trade secrets, and other useful technical information and know-how made, discovered, or developed by Coach (either alone or in conjunction with any other person) during the term of this contract. Coach agrees that he shall not, without the written consent of Client, disclose to third parties or use for his own financial benefit or for the financial or other benefit of any competitor of Client, any information, data, and know-how, manuals, disks, or otherwise, including all programs, decks, listings, tapes, summaries of any papers, documents, plans, specifications, or drawings.
Both parties shall take all reasonable precautions to prevent any other person with whom they may become associated from acquiring confidential information of each other at any time.
Both parties agree that all confidential information shall be deemed to be and shall be treated as the sole and exclusive property of each Party.
Upon termination of this contract, Coach shall deliver to Client all drawings, manuals, letters, notes, notebooks, reports, and all other materials (including all copies of such materials), relating to such confidential information which are in the possession or under the control of Coach.
NON-DISPARAGEMENT
Both parties agree not to make any false, disparaging or derogatory statement in public or private whether in writing or orally regarding each other, its employees, clients, agents or anyone else working with the parties. For the purpose of this agreement, the term disparage includes without limitation statements or comments made in any form or medium in the press, social media that could potentially affect the business of each party adversely or tarnish the reputation of each party in any way.
NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND INCLUDING THE WARRANTIES OF MERCHANTABILITY OR FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED TO THE FULL EXTENT PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONTENT, INFORMATION, MATERIALS, PRODUCTS AND/OR SERVICES PROVIDED ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION PRESENTED HERE WILL BE COMPLETE, CURRENT OR ERROR-FREE. COMPANY DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS FOR ANY PURPOSE TO THE FULL EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall be liable for any direct, indirect, incidental, consequential, equitable, special, punitive, exemplary or any other damages resulting from your use of this website including but not limited to all the content, information, products, services and graphics presented here.
You expressly agree that your use of the website is at your sole risk and that you are solely responsible for the accuracy of the personal and any information you provide, the outcome of your actions, personal and business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees, successors, shareholders, joint venture partners or anyone else working with us shall not be liable to you for any damages resulting from 1) any errors or omissions on the website, delay or denial of any products or services, failure of performance of any kind, interruption in the operation and your use of the website, website attacks including computer virus, hacking of information, and any other system failures; 2) any loss of income, use, data, revenue, profits, business or any goodwill related to the website; 3) any theft or unauthorized access by third party of your information from the website regardless of our negligence; and 4) any use or misuse of the information, products and/or services offered here.
This limitation of liability shall apply whether such liability arises from negligence, breach of contract, tort or any other legal theory of liability. You agree that we provide no express or implied guarantees to you for the content presented here, and you accept that no particular results are being promised to you here.
INDEMNITY
Except as expressly provided in these terms, 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 and/or its officers, employees, successors, shareholders, joint venture partners or anyone else working with the Coach shall be liable to the Client for any indirect, consequential or special damages, either in contract or tort, whether or not the possibility of such damages has been disclosed to Coach in advance or could have been reasonably foreseen by Coach. 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.
WAIVER OF CLASS ACTIONS
You agree that any dispute arising from or related to this Agreement will be resolved solely between you and the Company. You waive your right to bring a class action against us and agree not to bring claims against us as a member of a class or as a representative.
ENTIRE AGREEMENT
These Terms and Conditions along with our Privacy Policy and Disclaimer constitute the entire agreement between you and us with respect to this website. It supersedes all prior or contemporaneous communications, discussions, negotiations or proposals we may have had with you whether electronic, oral or written.
A printed version of this entire agreement including the Privacy Policy and Disclaimer and of any notice given in electronic form shall be admissible in judicial or administrative proceedings with respect to this website to the same extent and given the same effect as other business contracts and documents kept and maintained in printed form.
SEVERABILITY
If any provision in these Terms and Conditions is deemed by a court, regulatory authority or other public or private tribunal of competent jurisdiction to be invalid or unenforceable, such provision is deemed to have been omitted from this Agreement. The remainder of this Agreement remains in full force and effect, and is modified to any extent necessary to give such force and effect to the remaining provisions, but only to such extent.
MODIFICATIONS
Company reserves the right, in its sole discretion and without notice, to (a) revise these Terms and Conditions; (b) modify the website and/or any services or products it offers; and (c) discontinue the website and/or products or services at any time. Any changes to these terms will take effect immediately. You agree to review these Terms and Conditions and any other online policies posted on the website on a regular basis to be aware of any changes. You agree to be bound by the revision if you continue to use or access the website after these modifications.
ACKNOWLEDGEMENT
By using any of our products, services or accessing the site, you acknowledge that you have read and agree to be bound by these terms and conditions.
CONTACT
For any questions, please contact us at mckinzie@momsmakecents.com.
