Effective date September 4, 2018
ABOUT THE WEBSITE
- Welcome to www.mspwebinars.com (the ‘Website‘). The Website Business coaching and mastermind services (the ‘Services‘), and the documentation and other downloadable materials (the ‘Products’).
- The Website is operated by MSP Webinars. Access to and use of the Website, or any of its associated Products or Services, is provided by MSP Webinars. Please read these terms and conditions (the ‘Terms‘) carefully. By using, browsing and/or reading the Website, this signifies that you have read, understood and agree to be bound by the Terms. If you do not agree with the Terms, you must cease usage of the Website, or any of Services, immediately.
- MSP Webinars reserves the right to review and change any of the Terms by updating this page at its sole discretion. When MSP Webinars updates the Terms, it will use reasonable endeavors to provide you with notice of updates to the Terms. Any changes to the Terms take immediate effect from the date of their publication. Before you continue, we recommend you keep a copy of the Terms for your records.
ACCEPTANCE OF THE TERMS
You accept the Terms by remaining on the Website. You may also accept the Terms by clicking to accept or agree to the Terms where this option is made available to you by MSP Webinars in the user interface.
SUBSCRIPTION TO USE THE SERVICES
- In order to access the Services, you must first purchase a subscription through the Website (the ‘Subscription‘) and pay the applicable fee for the selected Subscription (the ‘Subscription Fee‘).
- In purchasing the Subscription, you acknowledge and agree that it is your responsibility to ensure that the Subscription you elect to purchase is suitable for your use.
- Once you have purchased the Subscription, you will then be required to register for an account through the Website before you can access the Services (the ‘Account‘).
- As part of the registration process, or as part of your continued use of the Services, you may be required to provide personal information about yourself (such as identification or contact details), including:
- an email address
- a mailing address
- a name
- a password
- You warrant that any information you give to MSP Webinars in the course of completing the registration process will always be accurate, correct and up to date.
- Once you have completed the registration process, you will be a registered member of the Website (‘Member‘) and agree to be bound by the Terms. As a Member you will be granted immediate access to the Services from the time you have completed the registration process until the subscription period expires (the ‘Subscription Period‘).
- You may not use the Services and may not accept the Terms if:
- you are not of legal age to form a binding contract with MSP Webinars; or
- you are a person barred from receiving the Services under the laws of The United States of America or other countries including the country in which you are resident or from which you use the Services.
YOUR OBLIGATIONS AS A MEMBER
As a Member, you agree to comply with the following:
- you will act with respect and integrity at all times. No foul language, off-the-cuff remarks, gossip, bullying, or teasing. This is a professional business environment, so you agree to conduct yourself as a professional.
- you will use the Services only for purposes that are permitted by:
- the Terms; and
- any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions;
- you have the sole responsibility for protecting the confidentiality of your password and/or email address. Use of your password by any other person may result in the immediate cancellation of the Services;
- any use of your registration information by any other person, or third parties, is strictly prohibited. You agree to immediately notify MSP Webinars of any unauthorized use of your password or email address or any breach of security of which you have become aware;
- access and use of the Website is limited, non-transferable and allows for the sole use of the Website by you for the purposes of MSP Webinars providing the Services;
- you will not use the Services or the Website in connection with any commercial endeavours except those that are specifically endorsed or approved by the management of MSP Webinars;
- you will not use the Services or Website for any illegal and/or unauthorized use which includes collecting email addresses of Members by electronic or other means for the purpose of sending unsolicited email or unauthorized framing of or linking to the Website;
- you agree that commercial advertisements, affiliate links, and other forms of solicitation may be removed from the Website without notice and may result in termination of the Services. Appropriate legal action will be taken by MSP Webinars for any illegal or unauthorized use of the Website; and
- you acknowledge and agree that any automated use of the Website or its Services is prohibited.
- you agree to not use any information obtained from the Website in order to harass, abuse, or harm another person.
- Where the option is given to you, you may make payment of the Subscription Fee by way of:
- Credit Card Payment (‘Credit Card‘)
- All payments made in the course of your use of the Services are made using Stripe. In using the Website, the Services or when making any payment in relation to your use of the Services, you warrant that you have read, understood and agree to be bound by the Stripe terms and conditions which are available on their website.
- You acknowledge and agree that where a request for the payment of the Subscription Fee is returned or denied, for whatever reason, by your financial institution or is unpaid by you for any other reason, then you are liable for any costs, including banking fees and charges, associated with the Subscription Fee.
- You agree and acknowledge that MSP Webinars can vary the Subscription Fee at any time and that the varied Subscription Fee will come into effect following the conclusion of the existing Subscription Period.
MSP Webinars will only provide you with a refund of the Subscription Fee in the event they are unable to continue to provide the Services or if the manager of MSP Webinars makes a decision, at its absolute discretion, that it is reasonable to do so under the circumstances. Where this occurs, the refund will be in the proportional amount of the Subscription Fee that remains unused by the Member (the ‘Refund‘).
You may cancel your membership to any MSP Webinars services at any time, however no refunds will be made for any membership fees already paid. To cancel your membership, send an email to firstname.lastname@example.org with your request and it will addressed within 7 days. Once you cancel, you will no longer have access to the Service, including all content and community resources, after your current membership period is completed.
COPYRIGHT AND INTELLECTUAL PROPERTY
- The Website, the Services and all of the related products of MSP Webinars are subject to copyright. The material on the Website is protected by copyright under the laws of The United States of America and through international treaties. Unless otherwise indicated, all rights (including copyright) in the Services and compilation of the Website (including but not limited to text, graphics, logos, button icons, video images, audio clips, Website, code, scripts, design elements and interactive features) or the Services are owned or controlled for these purposes, and are reserved by MSP Webinars or its contributors.
- All trademarks, service marks and trade names are owned, registered and/or licensed by MSP Webinars, who grants to you a worldwide, non- exclusive, royalty-free, revocable license whilst you are a Member to:
- use the Website pursuant to the Terms;
- copy and store the Website and the material contained in the Website in your device’s cache memory; and
- print pages from the Website.
- MSP Webinars does not grant you any other rights whatsoever in relation to the Website or the Services. All other rights are expressly reserved by MSP Webinars.
- MSP Webinars retains all rights, title and interest in and to the Website and all related Services. Nothing you do on or in relation to the Website will transfer any:
- business name, trading name, domain name, trade mark, industrial design, patent, registered design or copyright, or
- a right to use or exploit a business name, trading name, domain name, trade mark or industrial design, or
- a thing, system or process that is the subject of a patent, registered design or copyright (or an adaptation or modification of such a thing, system or process), to you.
- You may not, without the prior written permission of MSP Webinars and the permission of any other relevant rights owners: broadcast, republish, upload to a third party, transmit, post, distribute, show or play in public, adapt or change in any way the Services or third party Services for any purpose, unless otherwise provided by these Terms. This prohibition does not extend to materials on the Website which are freely available for re-use or are in the public domain.
- Nothing in the Terms limits or excludes any guarantees, warranties, representations or conditions implied or imposed by law.
- Subject to this clause, and to the extent permitted by law:
- all terms, guarantees, warranties, representations or conditions which are not expressly stated in the Terms are excluded; and
- MSP Webinars will not be liable for any special, indirect or consequential loss or damage (unless such loss or damage is reasonably foreseeable resulting from our failure to meet an applicable Consumer Guarantee), loss of profit or opportunity, or damage to goodwill arising out of or in connection with the Services or these Terms (including as a result of not being able to use the Services or the late supply of the Services), whether at common law, under contract, tort (including negligence), in equity, pursuant to statute or otherwise.
- Use of the Website and the Services is at your own risk. Everything on the Website and the Services is provided to you “as is” and “as available” without warranty or condition of any kind. None of the affiliates, directors, officers, employees, agents, contributors and licensors of MSP Webinars make any express or implied representation or warranty about the Services or any products or Services (including the products or Services of MSP Webinars) referred to on the Website. This includes (but is not restricted to) loss or damage you might suffer as a result of any of the following:
- failure of performance, error, omission, interruption, deletion, defect, failure to correct defects, delay in operation or transmission, computer virus or other harmful component, loss of data, communication line failure, unlawful third party conduct, or theft, destruction, alteration or unauthorized access to records;
- the accuracy, suitability or currency of any information on the Website, the Services, or any of its Services related products (including third party material and advertisements on the Website);
- costs incurred as a result of you using the Website, the Services or any of the products of MSP Webinars; and
- the Services or operation in respect to links which are provided for your convenience.
LIMITATION OF LIABILITY
- MSP Webinars’ total liability arising out of or in connection with the Services or these Terms, however arising, including under contract, tort (including negligence), in equity, under statute or otherwise, will not exceed 6 months of the Subscription Fee of the Services to you.
- You expressly understand and agree that MSP Webinars, its affiliates, employees, agents, contributors and licensors shall not be liable to you for any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability. This shall include, but is not limited to, any loss of profit (whether incurred directly or indirectly), any loss of goodwill or business reputation and any other intangible loss.
TERMINATION OF CONTRACT
- The Terms will continue to apply until terminated by either you or by MSP Webinars as set out below.
- If you want to terminate the Terms, you may do so by:
- not renewing the Subscription prior to the end of the Subscription Period;
- providing MSP Webinars with 30 days’ notice of your intention to terminate; and
- closing your accounts for all of the services which you use, where MSP Webinars has made this option available to you.
- MSP Webinars may at any time, terminate the Terms with you if:
- you do not renew the Subscription at the end of the Subscription Period;
- you have breached any provision of the Terms or intend to breach any provision;
- MSP Webinars is required to do so by law;
- the provision of the Services to you by MSP Webinars is, in the opinion of MSP Webinars, no longer commercially viable.
- Subject to local applicable laws, MSP Webinars reserves the right to discontinue or cancel your membership at any time and may suspend or deny, in its sole discretion, your access to all or any portion of the Website or the Services without notice if you breach any provision of the Terms or any applicable law or if your conduct impacts MSP Webinars’s name or reputation or violates the rights of those of another party.
Your notice should be sent, in writing, to MSP Webinars via the ‘Contact Us’ link on our homepage.
- You agree to indemnify MSP Webinars, its affiliates, employees, agents, contributors, third party content providers and licensors from and against:
- all actions, suits, claims, demands, liabilities, costs, expenses, loss and damage (including legal fees on a full indemnity basis) incurred, suffered or arising out of or in connection with Your Content;
- any direct or indirect consequences of you accessing, using or transacting on the Website or attempts to do so; and/or
- any breach of the Terms.
- If a dispute or controversy arises out of or related to this Agreement, Contract, or Statement of Work, or any Provision whatsoever, the Parties agree to resolve the dispute through Mediation and then binding Arbitration.
- The Parties stipulate and agree that the Mediation/Arbitration proceedings shall be before a retired Judge of the State of Ohio Superior Court.
The Parties hereby agree that if Mediation fails the Mediator shall be permitted without conflict to Arbitrate the Dispute to conclusion.
Each Party shall bear its own expenses and an equal share of the expenses of the Mediator/Arbitrator including all Ancillary costs, including but not limited to, Court Reporter and Transcript Fees.
- The Arbitrator’s decision shall be non-appealable, final and binding. The decision shall be entered and confirmed by a Court of competent Jurisdiction
Nothing in this paragraph will be construed to preclude either Party from seeking Injunctive Relief in order to protect its rights pending an outcome in Mediation or Arbitration. A request by a party to a Court for such Injunctive relief shall not be grounds to release either party from their legal obligation to Mediate/Arbitrate.
- All interim Injunctive Relief shall be brought before the Supreme Court of the State of Ohio.
LIMITATION OF ACTIONS ARISING UNDER THE TERMS
- Any cause of action you may have with respect to MSP Webinars’ performance or alleged non-performance of this Agreement must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is forever barred.