TERMS AND CONDITIONS
“Masterslanguage” refers to proprietary software and educational training. In this agreement, references to “Masterslanguage” as a Party mean and refer to the c-corporation, and its owner(s), parent company(ies), affiliate entities, independent contractors, employees and assigns. “Parties” mean Masterslanguage and User, each being an individual “Party.” “Terms” mean and refer to the terms and conditions set forth within this website. “User” refers to a person who has used the website or it’s materials and executed this agreement. “User Account” refers to an individual’s account registered with this website. “Service” means the highly specialized products and services including but not limited to a variety of information, learning materials, procedures, preparation, and branded forms and documents through Provider’s network of properties which may be obtained or accessed through any various medium, device, or method now known or hereafter developed.
2. TERMS AND TERMINATION
Provider only accepts payments in lawful money: Stripe and Paypal. We use credit cards for subscription payments.
- Provider cancels User account due to User breach of any of the terms of this agreement. In the event this agreement is canceled due to breach, User will not be entitled to pro-rate the last month’s use, nor will User be entitled to any refund for any payment User has made to Provider; or
- User gives Provider three days’ email notice, as provided herein, of User’s cancellation of the User account. If User provides such notice less than three days before the first day of the next month, User’s credit card may still be charged. User will not be entitled to prorate last month’s use; or
- User credit card or Provider’s charge is denied for any reason and User does not update Provider with a new credit card within three days.
3. NO LICENSE TO USE BRANDING
Any content on any Provider website may constitute the intellectual property of Provider. Except where expressly authorized, no material on any Provider website may be copied, reproduced, distributed, republished, uploaded, displayed, posted or transmitted in any way whatsoever. The Provider trademark and logo are proprietary marks of Provider, and the use of those marks is strictly prohibited. Nothing herein gives User the right to use, copy, register as a domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material, patent, trade dress, trade secret, or confidential information owned by Provider or any of Provider’s affiliates.
User agrees to protect, defend, indemnify and hold harmless Provider, its officers, directors, employees, owner(s), and parent company(ies) and assigns from and against all claims, demands, and causes of action of every kind and character without limit arising out of User’s conduct. User indemnity obligation includes, but is not limited to, any third-party claim against Provider for liability for payments for, damages caused by, or other liability relating to User. User agrees to be fully responsible for the success or failure of any of the information, materials, products, and services provided. User assumes all liability for any and all acts done based upon said information, materials, products, and services. User further agrees to indemnify and hold Provider’s officers, agents, or other relatives harmless from any and all claims, legal actions, orders, warrants, judgments, demands, liabilities, losses, depositions, summonses, lawsuits, reasonable attorneys’ fees, costs, fines, liens, levies, penalties, damages, interests, and expenses whatsoever, both absolute and contingent, as are due and as might become due, now existing and as might hereafter arise, and as might be suffered or incurred by, as well as imposed on, User for any reason, purpose, and cause whatsoever due to, arising out of, or in connection with User’s use of the Service, User’s connection to the Service, User’s violation of the TOS, or User’s violation of any laws or rights of another. User’s further expressly covenants and agrees that Provider shall not under any circumstance, nor in any manner whatsoever, be considered an accomplice, accessory, or a party (including but not limited to either directly, indirectly, or collaterally) to any and all acts done by User. User agrees they are not a US Citizen or taxpayer and will not use this information for purposes contrary to what is legal.
5. NO WARRANTY; NO LEADS
Provider does not promise, guarantee, or warrant User’s success, income, or sales. User understands and acknowledges that Provider will not at any time provide sales leads or referrals to User. Additionally, Provider’s websites and services are provided “as is” without warranty of any kind, either express or implied, including without limitation implied warranties of title, merchantability, fitness for a particular purpose, and non-infringement. Provider makes no representation or warranty as to the accuracy, reliability, timeliness, or completeness of any material on or accessible through any Provider website or service. Any reliance on or use of such materials shall be at User’s sole risk. Provider makes no representation or warranty:
- That any Provider website or service will be available on a timely basis, or that access to any Provider website or service will be uninterrupted, error-free or secure; or
- That defects or errors will be corrected; or
- That any Provider website or the servers or networks through which any Provider website is made available are secure or free of viruses or other harmful components. Applicable law may not allow the exclusion of implied warranties, so the above exclusion may not apply to User. The Provider websites may include inaccuracies, errors, and materials that conflict with these terms. In the event of any conflict between anything posted on any Provider website and these terms, these terms shall control.
6. ALL RIGHTS AND TRADEMARKS
All logos and trademarks belong to their respective owners.
7. FORCE MAJEURE POLICY
Provider will not be responsible to User for any delay, damage, or failure caused by or occasioned by a force majeure event. As used in this agreement, “force majeure event” shall mean any act of God, an act of nature or the elements, terrorism, insurrection, revolution or civil strife, piracy, civil war or hostile action, labor strikes, acts of public enemies, federal or state laws, rules and regulations of any governmental authorities having jurisdiction over the premises, inability to procure material, equipment, or necessary labor in the open market, acute and unusual labor, material, or equipment shortages, or any other causes beyond the control of Provider. Delays due to any of the above causes shall not be deemed to be a breach of or failure to perform under this agreement. Provider shall not be required against its will to adjust any labor or other similar dispute except in accordance with applicable law.
8. ASSIGNMENT OF RIGHTS
Provider may assign its rights under this agreement at any time, without notice to User. User rights arising under this agreement cannot be assigned without Provider or its assigns’ express written consent.
9. INFORMATION; REGISTRATION; USERNAMES AND PASSWORDS
User will be required to create an account with Provider. User warrants that the information given to Provider is truthful and accurate, and that User is not impersonating another person. User is responsible for maintaining the confidentiality of any password User may use to access User’s account, and agree not to transfer the User’s password or username, or lend or otherwise transfer use of or access to User’s account, to any third party. User agrees not to share any information inside the Member’s Area online or with any third party. User is fully responsible for all transactions with, and information conveyed to Provider under User’s account. User agrees to immediately notify Provider of any unauthorized use of User’s password or username or any other breach of security related to User’s account. User agrees that Provider is not liable and will hold Provider harmless for any loss or damage arising from a security breach, including from User’s failure to comply with any of the foregoing obligations.
10. RELEASE/AUTHORIZATION TO USE PHOTOGRAPHS
User grants Provider permission to use any and all photographs taken by Provider or its agents or employees, or submitted by User to Provider (hereafter “Photographs”) in any media (including print, internet, film, television and no matter how distributed or published) for any purpose, which may include, but shall not be limited to, advertising, promotion, marketing and packaging of Provider or any product or service sold and marketed by Provider. User agrees that this authorization to use Photographs may be assigned by Provider to any other party. User agrees that the Photographs may be combined with other Photographs, sounds, text, and graphics and that the Photographs may be manipulated, cropped, altered, or modified at Provider’s sole discretion. User agrees not to charge a royalty or fee, and not to make any other monetary assessment against Provider in exchange for this Release and Assignment. User hereby releases and forever discharges Provider from any and all liability and from any damages User may suffer as a result of the use of the Photographs. User further acknowledges and agrees that this Release is binding upon User’s heirs and assigns. User agrees that this Release is irrevocable.
11. PROHIBITED ACTIVITY
Provider has the right to terminate this agreement at any time if User engages or has ever engaged in any of the following:
- HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction of harm to Provider’s reputation; and the violation of the rights of Provider or any third party.
- “SPAMMING” AND UNSOLICITED COMMUNICATIONS. Any communications sent or authorized by User reasonably deemed “spamming,” or any other unsolicited solicitations (including without limitation postings on social media or third-party blogs) will be deemed a material threat to Provider’s reputation and to the rights of third parties. It is User’s obligation, exclusively, to ensure that all business communications comply with state and local anti-spamming or analogous laws.
- OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by User, including without limitation to postings on any website operated by User, or social media or blog, which are: sexually explicit, obscene, or pornographic; offensive, profane, hateful, threatening, harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; solicitous of unlawful behavior; or that violates the intellectual property rights of another.
If User has any questions or complaints concerning any of the terms, User may contact Provider by utilizing Provider’s contact form.
13. DIGITAL MILLENNIUM COPYRIGHT ACT
If User believes that materials or content available on any Provider website infringes any copyright User owns, User or User’s agent may send Provider a notice requesting that Provider remove the materials or content from the Provider website(s). If User believes that someone has wrongly filed a notice of copyright infringement against User, User may send Provider a counter-notice.
14. ARBITRATION, GOVERNING LAW, AND ATTORNEYS’ FEES
- ARBITRATION. Any claim or grievance of any kind, nature, or description that User has against Provider including, but not limited to, economic losses, personal injury, or property damage, shall be resolved exclusively in binding arbitration in Provider’s County. User agrees not to file suit against Provider or any of its affiliates, subsidiaries, officers, directors, employees, successors, or assigns, et. al. The arbitration will take place before a neutral arbitrator (hereafter, “Arbitrator”) agreed upon by User and Provider. In the event that User and Provider are unable to reach an agreement with an Arbitrator, User and Provider will each select an Arbitrator, and the two arbitrators will select the Arbitrator that has residence near Provider. The arbitrators selected by User and Provider will have no further involvement in the arbitration. The Arbitrator will determine the rules governing arbitration. The decision of the Arbitrator will be final and binding on User and Provider and may be reduced to a judgment in any court of equity in common law, given it has competent jurisdiction. This agreement to arbitrate survives any termination or expiration of the agreement. No person participating in an arbitration can disclose the arbitration’s existence, content, subject, or results, except as required in a party’s ordinary course of business or by law.
- GOVERNING LAW. This agreement shall be governed, construed, and interpreted in accordance with Natural Law. Where necessary, a court of common law is demanded as the choice of law. The principal situs of Provider shall serve as the location for the court.
- WAIVER OF CLASS ACTION CLAIMS. User understands and agrees that User will not have the right to participate in a representative capacity or as a member of any class of claimants pertaining to any claims that may arise under, or be in any way related to, this agreement. There is no right or authority for any claim User has against Provider to be brought on a class action basis or on any basis involving claims brought in a purported representative capacity on behalf of the general public, or on behalf of other persons or entities similarly situated. Claims brought against Provider may not be joined or consolidated with claims brought by anyone else.
- LIMITATIONS PERIOD. Any claim brought in arbitration must be brought within the time period set forth in any statute of limitations that, but for this agreement to arbitrate, would apply to the claims asserted in any arbitration proceeding.
- INJUNCTIVE RELIEF. Nothing in this agreement prevents Provider from applying to and obtaining from any court having jurisdiction a temporary injunction, preliminary injunction, permanent injunction, or other relief available to protect Provider’s rights prior to, during, or following any arbitration proceeding.
- FEES. User agrees that in the event of any arbitration or litigation, each Party will each bear its own costs and fees, regardless of who is deemed the prevailing party. The initiating party will be required to bear fees for the AAA (American Arbitration Association) approved arbitrator. The foregoing notwithstanding, if either User or Provider commences an action in a court of law or equity and the responding Party successfully moves such court to compel arbitration, the Party who moved for the order compelling arbitration shall be entitled to recover its reasonable costs and fees incurred on the motion to compel from the other Party.
15. CHANGES TO TERMS
Provider reserves the right to change these terms, in whole or in part, from time to time at Provider’s sole and absolute discretion, and to provide User with notice of such change by any reasonable means, including without limitation posting revised terms to Provider’s website(s). Through User’s continued use of Provider’s services, and unless User terminates this agreement as provided herein, User manifests agreement to any subsequent changes to the terms.
No waiver by Provider of any breach or default of these terms will be deemed to be a waiver of any preceding or subsequent breach or default.
Any heading, caption or section title contained herein is inserted only as a matter of convenience, and in no way defines or explains any section or provision hereof.
17. PAYMENTS ACCEPTED
Provider accepts all lawful money, including Discover, Visa, MasterCard, Stripe, Paypal, money orders.
20. NO RESALE ALLOWED
User agrees not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion, aspect, or element of the Product whatsoever, use of the Service, or access to the Service.
21. MODIFICATIONS TO SERVICE AND RIGHT OF REFUSAL
Provider reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Product (or any part thereof) with or without notice. Provider also reserves the right to rescind, cancel, or terminate any contract or agreement with or without prior notice. Provider also reserves the right to refuse to do business, provide the Service, or otherwise contract with User with or without showing cause or justification. User agrees that Provider shall not be liable to User or to any third party for any modification, suspension, discontinuance, or refusal of the Service.
22. PROVIDER’S PRIVATE RIGHTS
User acknowledges and agrees that Product and any necessary software used in connection with the Product contains exclusive, private, proprietary, and copyrighted information that is protected by applicable intellectual property and other laws. User further acknowledges and agrees that content contained in the Product or software or information presented to User through Product or software is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as expressly authorized by Provider or licensees, User agrees not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Product or Software, in whole or in part. Provider grants User a personal, non-transferable and non-exclusive right and license to use Product and object code of Software on a single computer; provided that User does not (and does not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble, analyze the principal components or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Product or Software. User agrees not to modify the Product or Software in any manner or form, or to use modified versions of the Product or Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. User agrees not to access the Product by any means other than through the interface that is provided by Provider for use in obtaining or accessing the Service.
23. LIMITATION OF LIABILITY
User expressly understands and agrees that Provider shall not be liable to User for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Provider has been advised of the possibility of such damages), resulting from:
- The use or the inability to use the Service; or
- The cost of procurement of substitute products and services resulting from any products, data, information or services purchased or obtained or communications received or transactions entered into through or from the Service; or
- Unauthorized access to or alteration of User’s transmissions or data; or
- Statements or conduct of any third party on the Service; or
- Any other matter relating to the Service.
- User further expressly understands and agrees that the property and funds of the c-corporation business organization only are liable for any and all contract, financial or other obligations; individual manager(s), business officer(s), contractor(s), shareholder(s), authorized representative(s), solicitor(s) and agent(s) are not personally liable. In no event shall Provider’s liability to User for any claim of any kind or description exceed the amount of one (1) monthly payment paid by User to Provider for the month preceding the date in which the facts giving rise to a claim against Provider occurred. User waives any right to special, indirect, or consequential damages of any kind or description.
24. DISCLAIMER OF WARRANTIES
User expressly understands and agrees that:
- Use of the service is at User’s sole risk. The service is provided on a “case-by-case” and individualized basis. Provider expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
- Provider makes no warranty that (i) the service will meet User’s requirements, (ii) the service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by User through the Service will meet User’s expectations, and (v) any errors in the Service or software will be corrected or corrected free-of-charge.
- Any material downloaded or otherwise obtained through the use of the service is done at User’s own discretion and risk and that User will be solely responsible for any damage to User’s computer system or loss of data that results from the download of any such material.
- No advice or information, whether oral or written, obtained by User from Provider or through or from the Service shall create any warranty not expressly stated in the TOS.
- The Service is not for everyone. A small percentage of users may find the Service or software to be against their personal conscience. Certain portions, aspects, or elements of the service may induce previously unknown fears or discomfort even in users who have no history of prior fears or discomfort. If User is unsure about, ignorant of, or upset by certain information or knowledge accessible through Provider, then User may wish to conduct their own independent research before using the service. It is recommended to immediately discontinue use of the Service and consult a professional if User experiences any adverse effects or has any legal questions or needs legal, accounting, or other professional advice while using the Service.
25. NO THIRD-PARTY BENEFICIARIES
User agrees that, except as otherwise expressly provided in this TOS, there shall be no third-party beneficiaries to this Agreement.
26. NOTICE OF UPDATE
Any notice required to be given to Provider under or related to these terms must be in writing, addressed as follows: [email protected] Notices to User may be made by posting (a link or a notice) via email, blog, social media post, or by regular mail, at Provider’s discretion.
27. GENERAL INFORMATION
The TOS constitutes the entire agreement between User and Provider and governs User’s use of the Service, superseding any prior agreements between User and Provider with respect to the Service. User also may be subject to additional terms and conditions that may apply when User uses or purchases certain other of Provider’s products, services, third-party content, or third-party software, including:
- CHOICE OF LAW AND FORUM. The TOS and the relationship between User and Provider shall be governed by the general common law of contracts, the general law merchant (general common law in America), and the law of nations, and not the laws of any particular State, United States or any political subdivision of United States, or any particular Nation, without regard to any conflict of law provisions. User and Provider agree to submit to the personal and exclusive jurisdiction of the original district court for the United States, district of Provider’s location (sic) which is to be determined by the circuit rider for said court in the state.
- WAIVER AND SEVERABILITY OF TERMS. Provider’s failure to exercise or enforce any right or provision of the TOS shall not constitute a waiver of such right or provision. If any provision of the TOS is found by a court of competent jurisdiction to be invalid, the Parties nevertheless agree that the court should endeavor to give effect to the Parties’ intentions as reflected in the provision, and the other provisions of the TOS remain in full force and effect.
- NO RIGHT OF SURVIVORSHIP AND NON-TRANSFERABILITY. User agrees that User’s contracts with Provider are non-transferable and any rights to the Product terminate upon User’s death, not End of Service (EOS). Upon receipt of a copy of a death certificate, User’s contracts may be terminated and all personal information kept during the contract permanently deleted.
- STATUTE OF LIMITATIONS. User agrees that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Product or the TOS must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the TOS are for convenience only and have no legal or contractual effect.
If any term set forth herein is deemed unenforceable under any applicable law, the remaining terms shall remain in full force and effect and these terms shall be read, collectively, as if the unenforceable term(s) were omitted.
29. DMCA REQUEST
All requests to remove or take down any material may be submitted using Provider’s contact form and can expect to have the materials removed, once verified as the copyright owner, within 30 business days.