TERMS AND CONDITIONS AND ARBITRATION AGREEMENT
When you are required to open an account to use or access the Website or services provided through the Website, you either must login as a guest user or you must complete the registration process by providing true, complete, and accurate information requested on the registration form. You will also be asked to provide an identification/username and a password. You are entirely responsible for maintaining the confidentiality of your password. You may not use the account, identification/username, or password of someone else at any time. You agree to notify us immediately through our “Contact Us” page if you believe your password for either your account with us or your email account may have become known to a third party; if you are contacted by anyone requesting your online identification/username and/or password; or if your credit card, debit card, or any other acceptable method of payment, identification/username, or password is lost, stolen, or used without permission. In such an event, we will remove that credit card, debit card, or any other acceptable method of payment number, identification/username, or password from your account and update our records accordingly. We shall not be liable for any loss that you incur as a result of someone else using your account or password, either with or without your knowledge. You may be held liable for any losses incurred by us or our affiliates, officers, directors, members, owners, employees, associates, guest speakers, subsidiaries, parents, partners, consultants, agents, representatives, Derek Emery, The Four Plex, and GKIC (collectively, the “Affiliated Parties”), due to someone else’s use of your account or password. A complete statement of your responsibilities to help us maintain the security of your account can be found by clicking here.
If you elect to become a member or an Elite Four Plex member of LAMastermind, we will bill the amount state at the time of purchase plus applicable tax to your credit card, debit card, or any other acceptable method of payment. As soon as you’ve successfully completed the sign-up process and your payment is confirmed, your membership will begin.
After that, unless you cancel your membership according to the policy below, we’ll renew your monthly subscription automatically. Accordingly, your credit card, debit card, or any other acceptable method of payment will be charged the fees stated at the time of purchase plus applicable taxes each month.
The monthly fee is subject to change on fifteen (15) days’ written notice from the date of our correspondence to you via email, direct mail, or text messaging, which data charges may apply depending on your carrier. If you decline to pay any increased monthly fee, you may cancel your membership according to the policy below.
Membership Cancellation And Refund Policy
You may cancel your monthly membership at any time by submitting an email to email@example.com with “Notice of Cancellation” in the subject line prior to the next billing cycle. If any cancellations are not received prior to the next billing cycle, your membership fee will automatically be charged for the upcoming month.
Once payment has been charged to your credit card, debit card, or any other acceptable method of payment, no refunds will be given.
Right Of Refusal
We reserve the right to refuse service to any person or entity.
California Consumer Rights Information
If this Website charges for services, content, or information, pricing information will be posted as part of the ordering or application process for this Website. We maintain specific contact information including an email address for notifications of complaints and for inquiries regarding pricing policies in accordance with California Civil Code section 1789.3. All correspondence should be addressed to our agent for notice at: firstname.lastname@example.org or LA Mastermind Group, 703 Pier Avenue, #648, Hermosa Beach, CA 90254.
You may contact us with complaints and inquiries regarding pricing and we will investigate those matters and respond to the inquiries.
The Department of Consumer Affairs, Consumer Information Division may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834, or by telephone at (800) 952-5210.
Conduct And Obligations Of Users
You agree to use this Website only for lawful purposes. As such, we impose certain restrictions regarding your use of the Website. You are prohibited from the following conduct, including, without limitation: (1) accessing data not intended for you or logging onto a server or an account which you are not authorized to access or collecting information about any customer of this Website; (2) using our Website for unintended purposes or trying to change the behavior or proper working of our Website or any other activity being conducted on our Website that can cause harm or delay to our Website of any kind; (3) attempting to launch or use any engine, software, tool, agent, data or other device or mechanism (including, without limitation, browsers, spiders, robots, avatars, offline readers, or intelligent agents) to navigate or search our Website other than the search engine and search agents provided by us (if any) or by generally publicly available and acceptable browsers; (4) attempting to probe, scan, hack, or test the vulnerability of a system or network or breach security or authentication measures without proper authorization, or to violate the security of our Website by any means; (5) attempting to interfere with our service, our other customers and users, our host or network by transmitting any virus, “Trojan Horse,” overloading, “flooding,” “spamming,” “phishing,” “mailbombing,” or “crashing,” and/or any other software destruction or disruption means; (6) attempting to modify, reverse engineer, disassemble, decompile, or otherwise reduce any section or technology on our Website; or attempting to do any of the foregoing to reduce to a human-perceivable form any of the source code used by us in providing the Website; (7) forging any TCP/IP packet header or any part of the header information in any email or posting; (8) forging communications allegedly on behalf of our Website (impersonating and/or spoofing our Website), to our Website (impersonating and/or spoofing a legitimate user), including, without limitation, sending unsolicited and unauthorized email allegedly on our behalf, including promotions and/or advertising of services; (9) transmitting via or through our Website any information, data, text, files, links, software, chat, communication or other materials that is or which we consider to be unlawful, infringing, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, racially or ethnically hateful, or otherwise objectionable material of any kind, including, without limitation, that advocates or encourages unlawful conduct that could constitute a criminal offense; (10) conducting fraudulent or misleading activities on our Website, including, without limitation, misrepresenting your identity or affiliation in any way; (11) invading the privacy or violating any personal or proprietary rights (including intellectual property rights such as trade secrets, trademarks, copyrights, and patents) of any person or entity; (12) interfering, restricting, discouraging, or inhibiting the ability of any customer or user, or our host and network from using or enjoying our Website; (13) modifying, transmitting, distributing, reusing, reposting, “framing” or using our Website, proprietary information, and/or intellectual property for public or commercial purposes without written permission from an authorized representative as our Website, proprietary information, and/or intellectual property are intended solely for your personal, non-commercial use; (14) intentionally or unintentionally violating this Agreement or any applicable local, state, national or international law, including, without limitation, any regulations having the force of law while using or accessing the Website or in connection with your use of the Website, in any manner; and, (15) assisting or permitting any persons or entities in engaging in any of the foregoing activities.
We strongly discourage you from giving anyone access to your online identification/username and password for your account with us and your email account. Nonetheless, if you do give someone your online identification/username and/or password, or fail to adequately safeguard such information, you are responsible for any and all transactions that the person performs while using your account with us or your email account, even those transactions that are fraudulent or that you did not intend or want to perform. In such situations or the like, you acknowledge and agree that (1) neither we nor our Affiliated Parties will have any liability to you for any unauthorized transactions made using your password, and (2) the unauthorized use of your online identification/username and password for your account or email account could cause you to incur liability to us.
If and when requested, you agree to provide true, accurate and complete user information to us, and to refrain from impersonating or falsely representing your affiliation with any person or entity. Further, you agree that if we, in our sole and unfettered discretion, request in writing that you remove any link or links to our Website, you will promptly do so.
Violations by any of the abovementioned conduct or the like may subject you to civil or criminal liability. If criminal violation is suspected, we will cooperate with law enforcement agencies in their investigations.
Without our prior written consent, during the term of your relationship with us and for a period of 2 years from the date you no longer use our services, you agree that you will not, directly or indirectly, (1) contact, solicit or induce or attempt to contact, solicit or induce any user, member, guest, customer, client, vendor, employee, representative, agent, subcontractor, or consultant of ours to terminate or adversely alter their relationship, employment, representation, or other association with us, or (2) advertise, market, or sell to our other users, members, guests, clients, or customers based on any information we provide to you.
To have the privilege of using our Website, you agree not to make any statements, written or verbal, or cause or encourage others to make any statements, written or verbal, that defame, disparage or in any way criticize our personal or business reputation, practices, or conduct and our employees, directors, officers, and members. You acknowledge and agree that this prohibition extends to statements, written or verbal, made to anyone, including, without limitation, the news media, investors, potential investors, any board of directors or advisory board or directors, industry analysts, competitors, strategic partners, vendors, employees (past and present), and customers and clients. You understand and agree that this paragraph is a material provision of this Agreement and that any breach of this paragraph shall be a material breach of this Agreement, and that we would be irreparably harmed by violation of this provision.
This site is a provider of “interactive computer services” under the Communications Decency Act (47 U.S.C. § 230) and as such, our liability for defamation and other claims arising out of any postings to this site by third parties is limited as described therein. We are not responsible for content or any other information posted to this site by third parties. We neither warrant the accuracy of such postings or exercise any editorial control over such posts, nor do we assume any legal obligation for editorial control of content posted by third parties or liability in connection with such postings, including any responsibility or liability for investigating or verifying the accuracy of any content or any other information contained in such postings.
Proprietary And Intellectual Property Rights
The design of this Website and all text, graphics, information, content, and other material, including, without limitation, information; images; illustrations; designs; logos, typefaces, icons; data; software; photographs; graphs; videos; music; sounds; formats; domain names; names of services; business practices; production, operations, and techniques; customer lists; marketing methods; coordination, arrangement, and presentation; and the like (collectively “Content”), are protected by trade secret, copyright, trademark, patent and/or other intellectual and proprietary rights, and these rights are valid and protected in all forms, media and technologies existing now or hereinafter discovered throughout the universe. The Content may not be used except as permitted in this Agreement or with prior written permission of the owner of such material.
When accessing the Website, you agree to obey the law and to respect the proprietary and intellectual property rights of us and others. You agree not to upload, download, post, publish, display, perform, transmit, distribute, reproduce, copy, delete, remove, modify, alter, augment, or create derivative works any Content in violation of ours or any third party’s copyrights, trademarks, or other intellectual property or proprietary rights. You agree not to resell, sublicense, transfer, assign, or distribute the Contents without express written consent by us or by any third-party owner. You shall be solely responsible of any such violations of these rights and/or any relevant law, including, without limitation, any violations resulting from use of your identification/username. The burden of proving that any Content does not violate any laws or third party rights rests solely with you.
Nothing contained on this Website grants or should be construed as granting, by implication, estoppel, or otherwise, any license, interest, or right to use any Content on this Website without the written permission by us or by any third-party owner. All rights not expressly granted in this Agreement are reserved by us and any third-party owner.
Links to Our Website
Without waiving the above provision, we grant to you a limited, revocable, and non-exclusive right to create a hyperlink to this Website provided that the link does not portray us or our services in a false, misleading, derogatory, or offensive manner. You may not use any logo, trademark, service mark, or trade name that may be displayed on this Website or other Content in the link without our prior written consent.
Notice And Take Down Procedures For Alleged Copyright Infringement
If you believe any materials on our Website infringe your copyright or trademark rights, you may request such materials be removed by following the notice and take down procedures of the Digital Millennium Copyright Act (17 U.S.C. § 512). To follow those procedures, contact us and provide the following information:
- A clear statement with sufficient detail of the copyrighted work you believe has been infringed. For example, state the name of the copyrighted work, the name of the author of the copyright work, and the copyright certificate number.
- A clear statement identifying the works, or other materials believed to be infringing.
- Your name, telephone number, and email address.
- A statement from you: “I have a good faith belief that the use of the material in the manner complained is not authorized by the copyright owner, its agent, or the law.”
- A statement from you: “I swear, under the penalty of perjury under the laws of the United States, that the information in the notification is accurate, and that I am the copyright owner [or am authorized to act on behalf of the copyright owner] that an exclusive right is allegedly infringed.”
- A signature or the electronic equivalent from the copyright holder or authorized agent.
- Send the written communication through our “Contact Us” page and place “Alleged Copyright Infringement” in the subject line.
WE HEREBY DISCLAIM ALL WARRANTIES. WE ARE MAKING THE WEBSITE AVAILABLE “AS IS” WITHOUT WARRANTY OF ANY KIND. YOU ASSUME THE RISK OF ANY AND ALL DAMAGE OR LOSS FROM USE OF, OR INABILITY TO USE, THE WEBSITE OR THE SERVICE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED, REGARDING THE WEBSITE AND ANY SERVICES LISTED OR PURCHASED ON OR THROUGH THE WEBSITE, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ALL SERVICES PURCHASED ON OR THROUGH THIS WEBSITE ARE SUBJECT ONLY TO ANY APPLICABLE WARRANTIES OF THEIR RESPECTIVE MANUFACTURERS, DISTRIBUTORS AND SUPPLIERS, IF ANY. WE MAKE NO WARRANTIES TO THOSE DEFINED AS “CONSUMERS” IN THE MAGNUSON-MOSS WARRANTY-FEDERAL TRADE COMMISSION IMPROVEMENTS ACT. THIS WEBSITE AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT THIS WEBSITE, ITS SERVICES, AND/OR CONTENT: (1) WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (2) WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, OR (3) WILL BE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THESE DISCLAIMERS CONSTITUTE AN ESSENTIAL PART OF THIS AGREEMENT. THE INFORMATION, MATERIALS AND SERVICES PROVIDED ON OR THROUGH THIS WEBSITE MAY BE OUT OF DATE, AND NEITHER WE NOR ANY OF OUR AFFILIATED PARTIES MAKES ANY COMMITMENT OR ASSUMES ANY DUTY TO UPDATE SUCH INFORMATION, MATERIALS OR SERVICES. IF IMPLIED WARRANTIES MAY NOT BE DISCLAIMED UNDER APPLICABLE LAW, THEN ANY IMPLIED WARRANTIES ARE LIMITED IN DURATION TO THE PERIOD REQUIRED BY APPLICABLE LAW. SOME STATES OR JURISDICTIONS DO NOT ALLOW LIMITATIONS ON HOW LONG AN IMPLIED WARRANTY MAY LAST, PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
Limitation Of Liability
OUR LIABILITY AND THE LIABILITY OF OUR AFFILIATED PARTIES TO YOU IS LIMITED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE BE LIABLE FOR DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOST DATA, BUSINESS INTERRUPTION, OR DAMAGES OF ANY KIND OR TYPE REGARDLESS OF THE FORESEEABILITY OF THOSE DAMAGES OR ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF OR IN CONNECTION WITH YOUR USE, INABILITY TO USE, OR RESULTS OF USE OF THE WEBSITE OR ANY SERVICES OR INFORMATION PROVIDED TO YOU BY US. THIS LIMITATION SHALL APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE OUT OF BREACH OF CONTRACT, TORT, WARRANTY, OR ANY OTHER LEGAL THEORY OR FORM OF ACTION. THE FOREGOING LIMITATIONS OF LIABILITY DO NOT APPLY TO THE EXTENT PROHIBITED BY LAW. PLEASE REFER TO YOUR LOCAL LAWS FOR ANY SUCH PROHIBITIONS.
IN THE EVENT OF ANY PROBLEM WITH THIS WEBSITE, THE SERVICES PROVIDED, OR ANY CONTENT, YOU AGREE THAT YOUR SOLE REMEDY IS TO CEASE USING THIS WEBSITE AND CANCEL YOUR MEMBERSHIP ACCORDING TO OUR CANCELLATION POLICY CONTAINED HEREIN.
Errors, Corrections, And Changes
We attempt to ensure that information on this Website is complete, accurate, and current. Despite our efforts, occasionally there may be information on our Website that contains typographical errors, inaccuracies, or omissions that may relate to service descriptions, pricing, and availability, among other things. We make no representation as to the completeness, accuracy or correctness of any information on this Website. We reserve the right (and we will use commercially reasonable efforts) to correct any errors, inaccuracies, or omissions. While it is our practice to confirm your membership by email, the receipt of an email confirmation does not constitute our acceptance of membership or our confirmation of an offer to provide a service. We reserve the right, without prior notice, to refuse service to you or any customer. We also reserve the right to cancel any and all memberships resulting from pricing errors or availability of the service, even if you have received an order confirmation from us. Additionally, we reserve the right to change or update information at any time without prior notice. We also may require verification of information prior to the acceptance of your membership.
Email And Other Communications
We use email links located on the “Contact Us” page and other areas of our Website to allow you to contact us directly with any questions or comments you may have. We attempt to read every message received and will try to reply promptly if you request information or otherwise require a response. We may file your comments to improve our Website or our services, or we may review and discard the information. Further, any communication received by us may be used by us in any manner, including, without limitation, reproducing, disclosing, and publishing such communication without compensation to you.
Third Party Websites And Links
Participation In Promotions Of Advertisers
You may enter into correspondence with or participate in promotions of advertisers promoting their products, services, or content on this Website. Any such correspondence or participation, including the delivery of and the payment for products, services, or content, are solely between you and each such advertiser.
We may, in our sole discretion, terminate or suspend your access to all or part of the Website, for any reason whatsoever, including, without limitation, your breach of this Agreement, your engagement in unauthorized or fraudulent activities, or your conduct that harms our interests or the interests of other users or third-parties, including, without limitation, proprietary and intellectual property rights. You are personally liable for any membership or charges incurred through your account prior to termination. In the event that you are unsatisfied with the services provided by us, your sole remedy is to terminate your use of our Website and cancel your membership according to our cancellation policy contained herein. In either event, the consequence of a termination will cease your access to and use of our Website or any part thereof. In the event this Agreement is terminated, any restrictions appearing on our Website, and the representations and warranties, indemnities, and limitations of liabilities set forth in this Agreement will survive termination. We reserve the right to change, suspend, or discontinue all or any aspect of this Website at any time without notice. Because we may terminate your access to the Website without notice, you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and bar any further access to such files or this Website.
You agree to indemnify us for certain acts and omissions. You agree to indemnify, defend, and hold harmless us and our Affiliated Parties from any and all third party claims, losses, liability, damages, causes of action, and/or costs (including reasonable attorney fees and costs) arising from your access to or use of the Website, your violation or alleged breach of this Agreement, or your infringement, or infringement by any other user of your account, of any intellectual property or other right of any person or entity. We will notify you promptly of any such claim, loss, liability, or demand, and will provide you with reasonable assistance, at your expense, in defending any such claim, loss, liability, damage, cause of action and/or cost. You agree to cooperate as fully as reasonably required in the defense of any such action. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. This indemnity provision survives the termination of this Agreement.
You shall not assign any membership, or any other interest therein, without our prior written consent. Any actual or attempted assignment without our prior written consent shall entitle us to cancel your membership without notice to you.
All our rights and obligations under this Agreement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
All contents of the Website are: Copyright © 2014 LAMastermind.com. All rights reserved.
Applicable Law, Forum Selection Clause, Mediation, And Arbitration
Our Website and this Agreement is governed by the State of California in the United States of America, without giving effect to any conflicts of laws. Regardless of where you are located in the world, you hereby irrevocably consent to the exclusive jurisdiction and venue of the County of Los Angeles in the State of California.
By using this Website, you agree that we require you to make a good faith attempt to resolve any dispute, claim, or controversy arising out of or relating to this Agreement or the use of this Website, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this mediation and arbitration provision, shall be submitted to mediation in the County of Los Angeles, State of California, or any other location to which the parties mutually agree. Either party may commence mediation by providing to ADR Services, Inc. (“ADR Services”), or its successor, and the other party a written request for mediation, setting forth the subject of the dispute and the relief requested. The parties will cooperate with ADR Services and with one another in selecting a sole mediator from the ADR Services panel of neutrals and in scheduling the mediation proceedings. The parties agree that they will participate in the mediation in good faith, that they will share equally in its costs, and that they will each pay their own attorneys’ fees.
If mediation proves to be unsuccessful or if a party refuses to mediate in good faith, by using this Website, you agree that we require you to submit any dispute, claim, or controversy arising out of or relating to this Agreement or the use of this Website, or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this arbitration provision, shall be determined by arbitration in the County of Los Angeles, State of California, or any other location mutually agreed to by the parties. The arbitration shall be administered by ADR Services, or its successor. The arbitration shall be held before a sole arbitrator and shall be binding with no right of appeal.
The arbitration shall be conducted pursuant to the ADR Services’ Standard Arbitration Rules (the “Rules”). The arbitration shall be commenced by filing a demand for arbitration with the administrator of ADR Services and serving the demand on the opposing party. The responding party may file a response and/or a counterclaim within 30 calendar days. The parties shall select an arbitrator by mutual agreement through ADR Services within 45 calendar days of the date the demand for arbitration is filed. If the parties are unable to agree on the selection of an arbitrator within such time, the administrator of ADR Services shall select an independent arbitrator.
The arbitrator’s award shall be limited to monetary damages and shall include no injunction or direction to any party other than the direction to pay a monetary amount. Further, the arbitrator’s award must be consistent with the terms of the “Limitation of Liability” as set forth in the Terms and Conditions on the Website regarding the amounts of damages for which a party may be held liable. The costs of the arbitration, including the arbitrator’s fees, shall be borne equally by the parties to the arbitration. The parties further agree that they will each pay their own attorneys’ fees.
You acknowledge and agree that you are waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding.
If any provision of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, without limitation, the warranty disclaimers and liability limitations set forth in the Website’s Terms and Conditions section, then that provision will be severed from this Agreement and the remaining provisions will remain in full force and effect. If we fail to enforce any part of this Agreement, it will not be considered a waiver of our rights and shall not constitute a waiver of any prior, concurrent, or subsequent breach of the same or any other provision hereof, and no waiver shall be effective unless made in writing and signed by an authorized representative of the waiving party. Headings in this Agreement are for reference only and do not limit the scope or extent of such section. Unless otherwise specified herein, this Agreement constitutes the entire agreement between the parties with respect to our Terms and Conditions, and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the parties with respect to our Terms and Conditions. A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
California Use Only
We make no representation that any of the materials or the services to which you have been given access is available or appropriate for use in other locations. Your use of or access to the Website should not be construed as us purposefully availing ourselves of the benefits or privilege of doing business in any state or jurisdiction other than California.