Terms of Use

Please also read our Privacy Policy here. https://momentumupmarketing.com/privacy-policy

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Please also read our Privacy Policy here: https://momentumupmarketing.com/privacy-policy

Use and Consent

Please read these Terms of Use carefully and in their entirety before purchasing, downloading, and/or accessing a product and/or e-course from MomentumUp Marketing, LLC and www.momentumupmarketing.com (hereinafter “we,” “our,” “us”).

You agree to these Terms of Use, and your purchase of our products and/or e-courses constitutes your voluntary acceptance to be bound by these terms, whether you have read them or have had the opportunity to read them and have chosen not to.

This website and any products and/or e-courses offered herein are not intended for persons under the age of 18. If you are under the age of 18, you may not use or view this website.

Legal and Financial Disclaimer

You understand and agree that our products and/or e-courses are intended to provide information and education. You agree that the information provided is not business, financial, or legal advice.You should consult with an attorney, accountant, and/or financial advisor in your area who understands your particular business and financial situation so that you can take the right steps for you and your business.

Earnings Disclaimer

You understand and agree that our products and/or e-courses are intended to provide information and education to assist you in attaining your goals.

You understand and agree that your success depends entirely on your business experience, motivation, and individual capacity. There are no guarantees of any kind as to your earnings and income.

No Warranty or Liability

The information provided in our products and/or e-courses is believed accurate when made. However, we do not warrant or represent that such information is or will always be current, accurate, and/or complete. You agree that we are not responsible for the accuracy of our website or for any errors or omissions in its content or in our products and/or e-courses purchased therefrom.

The use of our website or the downloading of any materials through the website is done at your own discretion and risk and with your agreement that you will be solely responsible for any damage to your computer system, loss of data, or other harm that results from such activities. MomentumUp Marketing, LLC assumes no liability for any computer virus or other similar software code that is downloaded to your computer from our website or in connection with any materials offered through the website.

THE INFORMATION IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT.

YOU AGREE THAT IN NO EVENT, INCLUDING, WITHOUT LIMITATION, NEGLIGENCE, SHALL MOMENTUMUP MARKETING LLC AND ITS SUBSIDIARIES, AFFILIATES, AGENTS, OFFICERS, DIRECTORS, EMPLOYEES, OR PARTNERS BE LIABLE TO YOU OR ANY THIRD PARTY IN ANY WAY FOR DAMAGES OF ANY KIND INCLUDING, BUT NOT LIMITED TO, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, AND/OR SPECIAL DAMAGES, INCLUDING, WITHOUT LIMITATION, THOSE ARISING FROM THE USE OF OR INABILITY TO USE OUR WEBSITE OR ITS CONTENT, OR PRODUCTS AND/OR E-COURSES PURCHASED THEREFROM; THE STATEMENTS OR ACTIONS OF ANY THIRD PARTY ON OR THROUGH OUR WEBSITE; ANY DEALINGS WITH VENDORS OR OTHER THIRD PARTIES; ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; ANY INFORMATION THAT IS SENT OR RECEIVED OR NOT SENT OR RECEIVED; ANY FAILURE TO STORE OR LOSS OF DATA, FILES, OR OTHER CONTENT; ANY LOSS INCURRED BY YOU OR YOUR BUSINESS, INCLUDING, BUT NOT LIMITED TO, LOSS OF CLIENTS, LOSS OF GOODWILL, LOSS OF INCOME OR REVENUE, LOSS OF ANTICIPATED INCOME, LOSS OF SALES; OR ANY OTHER LOSS OR DAMAGE OF ANY KIND.

MOMENTUMUP MARKETING LLC’S CUMULATIVE LIABILITY FOR ANY LOSS OR DAMAGE TO YOU OR OTHERS ARISING OUT OF OR RELATING TO THIS AGREEMENT SHALL NOT EXCEED $1,000(USD).

We expressly exclude any liability to the fullest extent of the law. By purchasing a product and/or e-course from our website, you agree to this limitation of liability and release MomentumUp Marketing, LLC from any and all claims.

Indemnification

You agree at all times to defend, hold harmless, and indemnify MomentumUp Marketing LLC, and its subsidiaries, affiliates, agents, officers, directors, employees, or partners, from any claim, demand, cause of action, including attorney’s fees and costs, arising from your use of our website or its content, or products and/or e-courses purchased therefrom, as well as any third-party claims of any kind arising from your actions in relation to our website (including any content you submit, post to, or transmit through our website).

Should we be required to defend ourselves in any action directly or indirectly involving you, you agree to provide any documents, testimony, evidence, or other information we deem useful to us free of charge.

Updated Compliance with California Privacy Rights Act (CPRA) In accordance with the CPRA, effective January 1, 2023, you have the right to access, delete, and correct your personal information. We collect and process your personal data in compliance with these regulations. For more details, please review our updated Privacy Policy at https://momentumupmarketing.com/privacy-policy.

Digital Product Licensing As required by California AB 2426, any digital products or courses purchased through our website are provided to you as licenses, not as ownership transfers. These licenses are non-exclusive, non-transferable, and are intended solely for your personal use. Any unauthorized sharing or commercial use is strictly prohibited.

Enforceability of Online Agreements

To ensure compliance with California law, we require that you affirmatively agree to these Terms of Use before accessing or purchasing our products or services. This agreement is evidenced by checking a box or clicking “I Agree” during the checkout process.

Refund Policy

We want you to feel completely confident about joining the MomentumUp Ads Club. That’s why we offer our 30-day guarantee for members who are ready to learn and implement.

 While significant ad results typically develop over 90 days of testing and optimization, you’ll know within 30 days if our systems, support, and community are right for you. Participate in the coaching calls, access the training, and start implementing the strategies. If after 30 days of active engagement you’re not satisfied with the support and resources provided, simply let us know and we’ll happily refund your investment.

 Your success is our top priority – that’s why we’re committed to supporting members who are ready to learn and implement. Join us today and take the first step toward mastering your Meta ads.

We do not tolerate or accept any type of chargeback from your credit card company outside of this guarantee.

Dispute Resolution and Jurisdiction

These Terms of Use shall be governed and construed according to the laws of the State of California, without regard to conflict of laws principles. The nearest state and federal court to Sacramento, CA shall have exclusive jurisdiction over any case or controversy arising from our products and/or e-courses.

 By purchasing a product and/or e-course from MomentumUp Marketing, you submit to the exclusive jurisdiction and venue of these courts and waive any defense of forum non conveniens.

In the event that MomentumUp Marketing LLC must make a claim for any breach of these Terms of Use by negotiation, litigation, mediation, or arbitration, we shall be entitled to recover attorney’s fees and costs.

Severability If any provision of these Terms of Use shall be declared unenforceable or invalid, all remaining provisions shall remain in full force and effect.

IF YOU HAVE ANY QUESTIONS OR CONCERNS ABOUT THESE TERMS OF USE, PLEASE CONTACT: hello@momentumupmarketing.com

Terms of Use updated and published December 15, 2024.