Terms of Use
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.
Intellectual Property Protection and Personal Use
The materials contained on our website, including, but not limited to, products, e-courses, videos, photos, graphics, designs, and other files, are the proprietary property of MomentumUp Marketing LLC and are protected by United States intellectual property rights.
MomentumUp Marketing LLC grants you a limited non-exclusive non-transferable license to view, copy, download, and/or print any products and/or e-courses you purchase from www.momentumupmarketing.com solely for your personal, non-commercial use with respect to your business. The rights granted to you constitute a license and not a transfer of title. You may not share the cost of any product or e-course or the product or e-course itself with any third party.
You may not share your login credentials for www.momentumupmarketing.com with any third party for any reason. You may not sell or transfer your access to www.momentumupmarketing.com or any of the content and/or materials contained therein to any third party.
You agree that you will not use the contents of and materials in any products and/or e-courses you purchase from MomentumUp Marketing LLC to create a competing product.
You agree not to copy, republish, frame, download, transmit, modify, rent, lease, loan, sell, assign, distribute, license, sublicense, reverse engineer, or create derivative works based on any products and/or e-courses you purchase from MomentumUp Marketing LLC, except as expressly authorized herein.
Nothing contained on www.momentumupmarketing.com should be understood as granting you a license to use any of the trademarks, service marks, or logos owned by MomentumUp Marketing LLC or by any third party.
Any other use of any product or e-course you purchase from MomentumUp Marketing LLC, including, but not limited to, for any commercial use, copying, republication, distribution, transfer, performance, display, or reproduction other than as indicated above, is strictly prohibited.
You agree that you will not use our website, products, e-courses, documents, videos, photos, graphics, designs, and other files in any manner that constitutes an infringement of our intellectual property rights. Unauthorized use constitutes theft and we reserve the right to prosecute theft to the fullest extent of the law.
Your License to Us
When you submit any post, comment, image, or other content that you upload, publish, or display on or through our e-course (“User Content”), you grant to us a perpetual, non-exclusive, royalty-free worldwide license to copy, reproduce, distribute, transfer, display, perform, and create derivative works from any such User Content in any and all media or formats for advertising and marketing or any other lawful purposes.
You retain the right to remove your User Content at any time.
If you remove your User Content, the license granted to us expires but we retain the license to the extent that any User Content has been incorporated into our advertising and/or marketing or on our content sites.
User Limitations
You agree that you will not post, transmit, upload, perform, or otherwise make available any User Content that is:
Harmful, threatening, defamatory, abusive, harassing, obscene, vulgar, hateful, pornographic, or otherwise objectionable;
Advocates or encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or foreign law or regulation; or
Advertises or otherwise solicits funds or is a solicitation for goods or services.
You agree to use our products and/or e-courses for lawful purposes only and agree not to violate or attempt to violate any security features of www.momentumupmarketing.com including, but not limited to:
Accessing content or data not intended for you, or logging onto a server or account that you are not authorized to access;
Attempting to probe, scan, or test the vulnerability of www.momentumupmarketing.com or any associated system or network, or to breach security or authentication measures without proper authentication;
Interfering or attempting to interfere with service to any user, host, or network, including, without limitation, by means of submitting a virus to www.momentumupmarketing.com, overloading, “flooding,” “spamming,” “mail bombing,” or “crashing;”
Using www.momentumupmarketing.com to send unsolicited email, including, without limitation, promotions or advertisements for products or services;
Forging any TCP/IP packet header or any part of the header information in any email or in any posting to www.momentumupmarketing.com; or
Attempting to modify, reverse-engineer, decompile, disassemble, or otherwise reduce or attempt to reduce to a human-perceivable form any of the source code used by MomentumUp Marketing LLC in providing www.momentumupmarketing.com.
You understand that any violation of system or network security may subject you to civil and/or criminal liability. MomentumUp Marketing LLC intends to cooperate fully with any law enforcement officials or agencies in the investigation of any violation of these Terms of Use or of any applicable laws.
No Formal Endorsements
Any reference or link to any other companies, events, services, or products, on our website or in our products, e-courses, or emails does not guarantee your success and/or satisfaction with and is not an endorsement of said companies, events, services, or products.
You understand and agree that you must use your own judgment to determine whether any other companies, events, services, or products would be beneficial to you and/or your business.
You agree that we shall have no liability should you choose to make a purchase from any referenced company, event, service, or product and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Affiliate Disclosure
We may choose to provide an affiliate link to products and/or services that we believe align with our own products and/or services. You understand that we may receive financial compensation or other payment as a result of your purchase of a product and/or service using the link.
You understand and agree that you must use your own judgment to determine whether to make a purchase using an affiliate link. You agree that we shall have no liability should you choose to make a purchase from an affiliate link and become dissatisfied. You agree to indemnify and hold us harmless should this occur.
Third Party Links
We may provide a link to a third-party website. These links are provided for your education and information only and are not an endorsement by MomentumUp Marketing LLC and www.momentumupmarketing.com. If you use those links, you leave our website.
You agree that MomentumUp Marketing LLC and www.momentumupmarketing.com are not responsible for the content, availability, or accuracy of other websites that may be linked to our website. We make no warranty of any kind, whether express or implied, regarding third-party content, availability, or accuracy.
By clicking on a link to a third-party website, you agree that you are doing so of your own discretion, volition, and at your own risk. You agree that MomentumUp Marketing LLC and www.momentumupmarketing.com are not liable for any damage or loss caused by your access to or use of information, materials, products, or services contained on and/or purchased from any linked third-party website.
By clicking on a link to a third-party website, you may allow third-parties to collect and/or share your personal information. The privacy policies and terms and conditions on those third-party websites may differ from www.momentumupmarketing.com’s. You are encouraged to read the privacy policies and terms and conditions of every linked third-party website that you visit.
Payments
Monthly Social Media and Ads Management is to paid 100% in full before the services start. Signature approval required on proposal. Products purchased from the Template Shoppe are also paid in full before digital delivery is made.
All paying customers have access to a Facebook group, and may receive additional “bonuses” at MomentumUp Marketing LLC’s discretion;
100% payment due up front on all services and products;
Major credit cards and PayPal are accepted.
Payments are due 3 days before project is scheduled.
You understand and agree that you are financially responsible for all purchases made by you or a third-party acting on your behalf.
If payment cannot be charged to your credit card or your charge is returned for any reason, including chargeback, we reserve the right to either suspend or terminate your access and account, thereby terminating these Terms of Use and all obligations of MomentumUp Marketing LLC hereunder.
It is your responsibility to notify MomentumUp Marketing LLC if your credit card has changed or has expired and to make appropriate changes or your access and account may either be suspended or terminated.
We reserve the right to refer collection of the outstanding balance to an attorney or collections agency. If your outstanding balance is referred to an attorney or collections agency, you shall pay all reasonable attorney’s fees or collections agency fees.
All of the personal information that you provide as part of the purchase process for any product or e-course on our website may be collected by both us and our third-party payment processing providers. This includes, but is not limited to, name, email address, billing information, and credit card number. Please read our Privacy Policy with respect to how we handle your personal information.
Our third-party payment processing providers may have privacy policies and terms and conditions that differ from ours. We have no liability or responsibility for the independent policies of our third-party payment processing providers. You are encouraged to read the independent policies contained on the third-party payment processing providers’ websites.
You understand and release us from liability for any damage or loss caused by your purchase from our website or by your dealings with our third-party payment processing providers.
Refunds
Due to the nature of our product and extensive time and effort that goes into our products and e-courses, there is no refund policy.
We do not tolerate or accept any type of chargeback from your credit card company.
Termination
MomentumUp Marketing LLC reserves the right to terminate your access at any time for any reason, including for your breach of these Terms of Use.
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: amanda@momentumupmarketing.com
Terms of Use updated and published August 25, 2020.
