(Updated as of 11/23/2020)
This Course is offered and available to users who are 18 years of age or older. By using this Course, you represent and warrant that you are of legal age to form a binding contract with MyModernBrand™ and comply with the terms of this Agreement. If you do not meet all of these requirements, you must stop using the Course.
MyModernBrand™ (herein referred to as “Company ”) agrees to provide the Get-it-Done Incubator (herein referred to as “Course”) as identified on the Course. As a condition of purchasing and participating in the Course, you agree to be bound by all the policies and procedures set out in this Agreement, including those incorporated by reference.
As part of the Course, MyModernBrand™ may provide you:
A Password Protected Course Area: MyModernBrand™ shall maintain a Course Area that may include various types of content, including video, audio, written lessons, templates, worksheets, checklists, slide decks and other training and support materials. You shall have access to this Course Area for as long as the Course Area exists, however no less than 120 days. In the event that MyModernBrand™ intends to close the Course Area, it shall provide you with a 30-day notice and the ability to download the resources contained in the Course Area, which is what is referred to as “Lifetime Access” in any marketing material.
Private Coaching/Small Group Coaching: MyModernBrand™ may schedule coaching calls that will depend on your timely participation in the calls. You should show basic etiquette for other participants and for MyModernBrand™ ’s time and should not interrupt or monopolize the conversation. You should not share any confidential information learned from the call, including information learned from MyModernBrand™ or from other participants. Please be respectful and courteous to make the best use of this feature.
Bonuses: MyModernBrand™ may offer bonuses to individuals who sign up for the Course. You shall be entitled to any bonuses offered at the time of your enrollment. Bonuses are not guaranteed to be available for the entire lifespan of the Course and they vary depending on specific live and automated promotions throughout the year.
You understand MyModernBrand™ is not serving you as a licensed professional and is not providing accounting, tax, legal, financial, healthcare, therapeutic advice, diagnosis or treatment. You understand that Consultant has not promised and will not; (1) procure or attempt to procure employment or business or sales for You; (2) perform any business management functions including but not limited to, accounting, tax or investment consulting, or advice with regard thereto; (3) act as a therapist providing psychoanalysis, psychological counseling or behavioral therapy; (4) act as a public relations manager; (5) act as a publicist to procure any publicity, interviews, write-ups, features, television, print or digital media exposure for You; (6) introduce You to Consultant’s network of contacts, media partners or business partners; (7) diagnose or treat any illnesses or disease or (8) promise any set of results from the Course. You understand that a relationship does not exist between the parties after the conclusion of this Course. If the Parties wish to continue their relationship, they shall execute a separate agreement that explicitly governs that relationship.
In consideration of your access to the Course, You agree to pay the following fees: $1497 one-time.
You must pay the balance reflected on the sales checkout page (due immediately).
4.0. METHODS OF PAYMENT
If You elect for the payment plan, You hereby authorize MyModernBrand™ to charge your credit card or debit card automatically according to the terms set forth in the Payment section above.
5.0. REFUND POLICY
We hope you are satisfied with your purchase, but we also know how important it is to have proper boundaries and expectations and know that we value what we pay for. We want you to give your best effort to apply all of the strategies in the course. Because this is an intense and short program, MyModernBrand™ does not offer any refunds for this program. If you have any questions or problems with accessing the features of this Course, please let us know by contacting our support team directly. The support desk can be reached at: [email protected].
Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, the individual ideas and techniques mentioned, your finances, knowledge and various skills and time commitment. Since these factors differ widely according to individuals, we cannot guarantee your success or income level. We wish you the best, but are not responsible for any of your actions in using this course/program. If you choose not to use this program, we are not responsible for the results.
Specifically, you shall not share any information provided by other Course participants outside of the bounds of the Course, in any format, unless you receive express written permission from such other participant to share the information. Similarly, the content of the Course contains MyModernBrand™ ’s proprietary methods, processes, forms, templates, and other information. You hereby agree not to share the information provided in the Course with anyone other than MyModernBrand™ , its owners and employees, and other Course participants.
7.0. GUEST CONTENT
MyModernBrand™ may provide information from a third party in the form of a podcast guest interview, audio interview, interview on another platform, guest blog post, panel, roundtable, or other format. MyModernBrand™ does not control the information provided by any third-party guest or its truthfulness and cannot guarantee the veracity of any guest information.
Individuals who agree to appear as guests, share their work or homework or otherwise contribute content in any way to MyModernBrand™ agree to transfer all intellectual property rights they may have in any such interviews to the MyModernBrand™ and further provide a license to any rights they are unable to assign.
8.0. NO TRANSFER OF INTELLECTUAL PROPERTY
All content included as part of the Course, such as text, graphics, logos, slides, images, audio, video, as well as the compilation thereof, and any software used in the Course, is the property of MyModernBrand™ or its suppliers and protected by copyright and other laws that protect intellectual property and proprietary rights.
MyModernBrand™ name, MyModernBrand™ logo, MyModernBrand™ slogan, and all related names, logos, product and service names, designs, and slogans are trademarks of MyModernBrand™ or its affiliates or licensors. You cannot use such marks without the prior written permission of MyModernBrand™ . All other names, logos, product and service names, designs and slogans in the Course are the trademarks of their respective owners.
Your participation in the Course does not result in a transfer of any intellectual property to you, and, as a condition of participation in the Course, you agree to observe and abide by all copyright and other intellectual property protection.
You are granted a limited, personal, non-exclusive, non-transferable, license to access and use the Course content and resources for your own personal or internal business use. You hereby agree that you will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found in the Course. By ordering or participating in Course/Courses, you further agree that you shall not create any derivative work based upon the Course and you shall not offer any competing products or services based upon any information contained in the Course.
MyModernBrand™ content is not for resale. Your participation in the Course does not entitle you to make any unauthorized use of any protected content, and in particular you will not remove or alter any proprietary rights, metadata, footnotes, watermarks or attribution notices in any content. You will use protected content solely for your individual use, and will make no other use of the content without the express written permission of MyModernBrand™ and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of MyModernBrand™ or our licensors except as expressly authorized herein.
You hereby agree that any infringement of MyModernBrand™ ’s intellectual property shall result in an immediate termination of the license granted hereunder. To be clear, if you violate MyModernBrand™ ’s intellectual property rights, your access to the Course will be terminated immediately, and you shall not be entitled to a refund of any portion of the fees. You may also be subject to further penalties or damages as permitted by the fullest extent of the law. You acknowledge that the actual damages likely to result from breach of this Section are difficult to estimate on the date of this agreement and would be difficult for MyModernBrand™ to prove. The parties intend that your payment of the Liquidated Damages Amount would serve to compensate MyModernBrand™ for any breach by you of its obligations under this Section, and they do not intend for it to serve as punishment for any such breach by You. Each instance of noncompliance with this prohibition constitutes a separate instance of infringement, and subjects You to a payment obligation in the amount of $150,000 USD per infringement, as liquidated damages and not as a penalty.
MyModernBrand™ provides various resources on this Website, which users may access by providing an email address. MyModernBrand™ grants you a limited, personal, non-exclusive, non-transferable license to use our resources provided in exchange for an email address (the “Freemium Content”) for your own personal or internal business use. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Freemium Content in any manner.
By downloading the Freemium Content, you agree that the Freemium Content you download may only be used by you for your personal or business use and may not be sold or redistributed without the express written consent of the MyModernBrand™ .
By downloading the Freemium Content, you further agree that you shall not create any derivative work based upon the Freemium Content and you shall not offer any competing products or services based upon any information contained in the Freemium Content.
The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you would like to read the DMCA, please visit the U.S. Copyright Office website at http://www.copyright.gov/legislation/dmca.pdf.
If you believe in good faith that materials on the Site infringe your copyright, the DCMA provides that you (or your agent) may send us a notice requesting that the material be removed or access to it blocked.
The notice must include the following information:
Notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices with respect to the Services can either be sent:
via mail: MyModernBrand, 1457 Kelly Road, #114, Apex, North Carolina, 27502
via email: [email protected]
We suggest that you consult your legal advisor before filing a notice. Also, be aware that there can be penalties for false claims under the DMCA.
9.0 INDEPENDENT CONTRACTOR STATUS
Nothing in this Agreement shall be construed to create a partnership, joint venture, employment, or agency relationship. MyModernBrand™ is agreeing only to provide you with access to the Course, for information and educational purposes. The information contained in the Course, including any interactions with the instructors, is not intended as, and shall not be understood or construed as professional advice.
10.0 FORCE MAJEURE
MyModernBrand™ shall not be liable or responsible to you, nor be deemed to have defaulted or breached this Agreement, for any failure or delay in performing any term of this Agreement if caused by acts or circumstances beyond the reasonable control of MyModernBrand™ including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion, or hostilities (whether war is declared or not), terrorist threats or acts, riot, or other civil unrest, national emergency, revolution, insurrection, epidemic, lock-outs, strikes or other labor disputes (whether or not relating to either party’s workforce), server failures, data breaches, data loss or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.
If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate such term in any other jurisdiction.
You agree to hereby absolve MyModernBrand™ of any and all liability or loss that you or any person or entity associated with you may suffer or incur as a result of use of the Course and/or any information and resources contained in the Course. You agree that MyModernBrand™ shall not be liable to you for any type of damages, including direct, indirect, special, incidental, equitable, or consequential loss or damages for use of the Course.
The information, software, products, and service included or available through the Course may include inaccuracies or typographical errors. Changes are periodically added to the information in the Course. MyModernBrand™ and/or its suppliers may make improvements and/or changes in the Course at any time.
MyModernBrand™ and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained in the Course for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided “as is” without warranty or condition of any kind. MyModernBrand™ and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.
To the maximum extent permitted by applicable law, in no event shall MyModernBrand™ and/or its suppliers be liable for any direct, indirect, punitive, incidental, special, consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data, or profits arising out of or in any way connected with the use or performance of the Course, with the delay or inability to use the Course or related service, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Course, or otherwise arising out of the use of the Course, whether based on contract, tort, negligence, strict liability, or otherwise, even if MyModernBrand™ or any of its suppliers has been advised of the possibility of damages. Because some States or other jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitations may not apply to you. If you are dissatisfied with the Course or any portion of it, your sole and exclusive remedy is to discontinue using the Course.
You may not assign this Agreement without the express written consent of MyModernBrand™ .
MyModernBrand™ reserves the right, in its sole discretion, to change the Terms under which the Course is offered. The most current version of the Terms will supersede all previous versions. MyModernBrand™ encourages you to periodically review the Terms to stay informed of our updates.
MyModernBrand™ reserves the right, in its sole discretion, to terminate your access to the Course and the related services or any portion thereof at any time, if you become disruptive to MyModernBrand™ or other Course participants, if you fail to follow the Course guidelines, or if you otherwise violate this Agreement. You shall not be entitled to a refund of any portion of the fees and shall not be excused from any remaining payments under a payment plan in the event of such termination.
You agree to indemnify, defend, and hold harmless MyModernBrand™ , its officers, directors, employees, agents, and third parties for any losses, costs, liabilities, and expenses (including reasonable attorneys’ fees) relating to or arising out of your use of or inability to use the Course and related services, any user postings made by you, your violation of any terms of this Agreement or your violation of any rights of a third party, or your violation of any applicable laws, rules or regulations. MyModernBrand™ reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with MyModernBrand™ in asserting any available defenses.
17.0 RESOLUTION OF DISPUTES
You hereby expressly waive any and all claims you may have, now or in the future, arising out of or relating to this Course, MyModernBrand™ , any and all contracts you enter into with MyModernBrand™ , and any and all of MyModernBrand™ ’s products and services.
To the extent that you attempt to assert any such claim, you hereby expressly agree to present such claim only through binding arbitration to occur in Florida. You further agree to and do hereby waive any right to class arbitration and agree, instead, to conduct an arbitration related solely to any individual claims you and/or any entity related to you asserts against MyModernBrand™ . To the fullest extent permissible by law, you further agree that you shall be responsible for all costs associated with initiating the arbitration and for the administration of the arbitration. If any term or provision of this Agreement is found by a court of competent jurisdiction to be invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of this Agreement or invalidate such term in any other jurisdiction.
18.0 INTERNATIONAL USERS
The Service is controlled, operated and administered by MyModernBrand™ from our offices within the USA. If you access the Service from a location outside the USA, you are responsible for compliance with all local laws. You agree that you will not use MyModernBrand™ Content accessed through the Course in any country or territory or in any manner prohibited by any applicable laws, restrictions or regulations.
19.0 EARNINGS DISCLAIMER
Every effort has been made to accurately represent this product/course and its potential to help you in your business. This site and the products offered on this site are not associated, affiliated, endorsed, or sponsored by any platform, including YouTube, Instagram, or Facebook, nor have they been reviewed, tested, or certified by any platform.
There is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the individual person using our product, ideas and techniques. We do not position this Course as a “get rich quick scheme.”
Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, the individual ideas and techniques mentioned, your finances, knowledge and various skills and time commitment. Since these factors differ widely according to individuals, we cannot guarantee your success or income level. We wish you the best, but are not responsible for any of your actions in using this course/program.
Materials in our products or Course may contain information based upon forward-looking statements within the meaning of the Securities Litigation Reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.
Any and all forward-looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material. Every person is different and every situation is different and success is highly dependent on individual work and fact-specific scenarios. All information is presented "as is" without any guarantees.
20.0 AFFILIATES/THIRD PARTY LINKS
This site may use advertising or affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed ads or affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications. Any testimonials reflect the accurate experience of the person quoted, however, your results with any particular product or service may vary.
20.0 THIS AGREEMENT
If you use other third-party services on the Site, including payment services, you will need to follow those rules or terms. If any of those rules conflict with these rules, those rules will win.Any changes to these rules must be made in writing. If we fail to enforce any of these rules for any reason, we still have the right to enforce them in the future, and our behavior will not be a waiver of our overall rights in this Agreement.We reserve all the rights we did not expressly grant or tell you about in this Agreement. No one else besides you and us (no third parties) have rights under this agreement.