MASTERMIND EVENT TERMS AND CONDITIONS
Please READ carefully. This is a legal contract.
You must agree to these Terms and Conditions of Use (“TOU”) before you are permitted to attend the Mastermind event, use any digital or downloadable resources, workshop, or training related to it, or enter any online private forums related to it, including those hosted on a third-party website such as an online course platform or facebook.com (collectively “the Event”).
As used in these TOU, the term “Releasees” is defined to include the following: (i) S2 Groupe, LLC, its subsidiaries, affiliated companies, owners, members, managers, directors, officers, past and present employees, agents, coaches, representatives, successors and assigns (collectively “the Company”, “We” or “Us”); (ii) any Company volunteers; (iii) any Event co-hosts; and (iv) Selena Soo.
This Event is intended and only suitable for individuals aged 18 and above. Some of the content in this Event may not be appropriate for children. Company hereby disclaims all liability for use by individuals under the age of 18.
You agree to pay the fees as listed on your Event checkout page. You agree that all information you provide in making your purchase is accurate and complete. Your Event ticket order is subject to the Company’s acceptance and is not complete until the Company has received payment.
If paying by debit card or credit card, you give the Company permission to automatically charge your credit or debit card for all fees and charges due and payable to the Company, without any additional authorization, for which you will receive an electronic receipt. You also agree that the Company is authorized to share any payment information and instructions required to complete the payment transactions with its third-party payment service providers (e.g., credit card transaction processing, merchant settlement, and related services).
If payment is not received when due, the Company reserves the right to terminate your access to the Event and all Content, as defined below, immediately and permanently.
3. Refunds; Transfer
Your satisfaction with the Event is important to us. However, the Company reserves the right, in our sole discretion, to refuse your order. If the Company receives your payment for an order that it does not fulfill, you will receive a refund of the total amount you paid.
If you are unable to attend the Event due to an unforeseeable family emergency or illness and wish to transfer your payment to another Company program or event, please email your request to email@example.com. At its sole discretion, the Company reserves the right to grant or deny a transfer of the full payment or a portion of the payment.
In all other cases, tickets are not refundable or transferable.
Unless otherwise provided by law, you acknowledge that we do not offer refunds for any portion of your payment for our Event and no refunds will be provided to you. By purchasing a ticket to the Event, you understand and agree that, except for the limited refund condition described above, all sales are final and no refunds will be provided.
If you violate these TOU, the Company may immediately terminate your access to and participation in the Event without notice and without refund. No refunds will be granted if you disagree with how the Company addresses, in its sole discretion, another participant’s violation of these TOU.
Since we have a clear and explicit Refund Policy in these TOU that you have agreed to prior to completing the purchase of your ticket(s) for the Event, we do not accept any type of chargeback threat or actual chargeback from your credit card company or payment processor. If a chargeback is placed on a purchase or we receive a chargeback threat during or after your purchase, we reserve the right to report the incident to all three credit reporting agencies or to any other entity for inclusion in any chargeback database or for listing as a delinquent account, which could have a negative impact on your credit report score. The information reported will include your name, email address, order date, order amount, and billing address. Chargeback abusers wishing to be removed from the database shall make the payment for the amount of the chargeback.
4. Intellectual Property Rights
4.a. Ownership of the Content
The words, videos, voice and sound recordings, training materials, design, layout, graphics, photos, images, information, materials, documents, data, databases and all other information and intellectual property accessible provided in the course of the Event, or on or through the Company website or any third-party website the Company may use to distribute or host the Event, or contained in e-mails sent to you by the Company, as well as the look and feel of all of the foregoing (“the Content”) is property of the Company and/or our affiliates or licensors, unless otherwise noted, and it is protected by copyright, trademark, and other intellectual property laws.
4.b. The Company’s Limited License for you
If you view, purchase or access any of the Content, you will be considered our Licensee. For the avoidance of doubt, you are granted a revocable, non-transferable license for personal, non-commercial use only, limited to you only.
This means you may view, download, print, email and use one copy of individual pages of the Content for your own personal purposes or your own business only.
You may not republish, reproduce, duplicate, copy, sell, display, disclose, distribute to friends, family, or any other third party, or otherwise use any Content for commercial purposes or in any way that earns you or any third party money (other than by applying it generally in your own business). By downloading, printing, or otherwise using the Content for personal use you in no way assume any ownership rights of the Content – it is still Company property. Any unauthorized use of any Content shall constitute infringement.
You must receive our written permission before using any Content for your own commercial use or before sharing with others.
The trademarks and logos displayed on the Content or during the Event are trademarks belonging to the Company, unless otherwise indicated. Any use including framing, metatags or other text utilizing these trademarks, or other trademarks displayed, is strictly prohibited without our written permission.
All rights not expressly granted in these TOU or any express written license are reserved by us.
4.c. Unauthorized Use
Your use of any materials found in the Content other than that expressly authorized in this TOU, or by a separate written assignment, is not permitted (“Unauthorized Use”). You agree to pay liquidated damages of five (5) times the total fees paid for the Event in the event of your Unauthorized Use, or a minimum of $5,000, whichever is greater, in addition to any legal or equitable remedies the Company may be entitled to pursue. This is not a penalty but an agreed liquidated damages charge for the Unauthorized Use.
You agree that any violation or threatened violation of the Intellectual Property Rights terms in these TOU would cause irreparable injury to the Company that may not be adequately compensated by damages, entitling the Company to obtain injunctive relief, without bond, in addition to all legal remedies.
4.d. Your License to the Company; Use in Testimonials and Marketing.
By posting or submitting any material during the Event such as comments, posts, photos, designs, graphics, images or videos or other contributions (“Your Material”), you are representing to us that you are the owner of all such materials and you are at least 18 years old. You are also granting the Company, and anyone authorized by the Company, is granted an unlimited, royalty-free, perpetual, irrevocable, non-exclusive, unrestricted, worldwide license to use, copy, modify, transmit, sell, create derivative works from, distribute, and/or publicly display Your Material, in whole or in part, in any manner or medium, now known or developed in the future, for any purpose, and grant us the right to make it part of the Company’s current or future Content. This right includes granting us proprietary rights or intellectual property rights under any relevant jurisdiction without any further permission from you or compensation by us to you.
You also consent to photographs, videos, and/or audio recordings, including teleconference calls, webinars, or other communications, that may be made by the Company during the Event that may contain you, your voice and/or your likeness. In the Company’s sole discretion, we reserve the right to use, display, distribution or other publication of these photographs, videos, and or/audio recordings and/or any other materials submitted by you to the Company or created by the Comp
any in connection with your participation in any Event, without any compensation to you now or at any time in the future. In such instances, the Company uses reasonable efforts to portray Event participants favorably and avoid disclosing sensitive information.
You also grant the Company, and anyone authorized by the Company, the right to use your likeness and identify you as the author and individual depicted in any comments, posts, photos, images, videos or other contributions created by you or the Company, or by name, email address, or screen name, for any purposes, including commercial purposes and advertising. You acknowledge that we have the right but not the obligation to use any contributions from you and that we may elect to cease the use of any such contributions in our Content at any time for any reason.
This means you give the Company permission to use anything you submit or post during or related to the Event, or on any third-party forum or website operated by the Company, or anything captured by the Company during your participation in the Event, including images in which your face is visible and recognizable.
Your Material does not include any confidential questionnaire you provide to the Company before the Event.
4.e. Request for Permission to Use the Content
If you wish to use any of the Content, or any other intellectual property or property belonging to the Company, you should request permission in writing BEFORE you use the Content by sending an e-mail to firstname.lastname@example.org.
If you are granted permission by the Company, you agree to use the specific Content that the Company allows and only in the ways for which the Company has given you its written permission. If you choose to use the Content in ways that the Company does not specifically give you written permission, you agree now that you will be treated as if you had copied, duplicated and/or stolen such Content from us, and you consent to immediately stop using such Content and to take whatever actions as we may request and by the methods and in the time frame that we prescribe to protect our intellectual property and ownership rights in the Content.
5. Your Conduct
Please choose carefully the materials that you upload to, submit to, or embed on any website operated by the Company and any third-party forums operated by the Company. Any material you post on the Company’s website or in any third-party forums operated by the Company may become public.
You are responsible for your material and for any liability that may result from the material you post. You participate, comment, and post material at your own risk. Any communication by you on the Company’s website and any third-party forums operated by the Company, whether by leaving a comment, participating in a chat, public or private forum, or other interactive service, must be respectful. You may not communicate or submit any content or material that is abusive, vulgar, threatening, harassing, knowingly false, defamatory or obscene or otherwise in violation of any law or the rights of others. You agree to post comments or other material only one time.
You are strictly forbidden from the following:
- Harassing, fighting with, or being disrespectful to other participants
- Causing damage to any Company website or third-party forums operated by the Company
- Using any Company website or third-party forums operated by the Company for any unlawful, illegal, fraudulent or harmful purpose or activity
- Using any Company website or third-party forums operated by the Company to copy, store, host, transmit, send, use, publish or distribute any spyware, virus, worm, Trojan horse, keystroke logger or other malicious software
- Using any Company website or third-party forums operated by the Company to transmit, send or deliver unsolicited communications or for other marketing or advertising purposes
- Systematically or automatically collecting data from any Company website or third-party forums operated by the Company
- Sharing private and proprietary information from other participants with anyone else
- Discriminatory speech, hate speech, comments, or actions against another participant based on their sex, gender, age, ethnicity, race, socio-economic status, disability, or other labels
The Company does its best to create a safe and welcoming space for all participants, however, the Company cannot guarantee that all participants will follow these guidelines. The Company, in its sole discretion, may remove any participant’s comments, posts, content or materials, however, the Company does not have a duty to review all comments, posts, content and material shared within any online private forums or groups or on any group call. The Company neither endorses nor makes any representations as to the truthfulness or validity of any third-party posts, comments, or material on the Company website or any third-party forums operated by the Company. Therefore, Company shall not be held liable for any loss or damage caused by a participant’s or third party’s comments, actions, posts, content or materials.
If, in the Company’s sole discretion, your conduct violates these TOU in any way, you agree that the Company may immediately and permanently terminate your participation in the Event and your access to the Content without refund.
The Company will keep confidential all business information you provide via questionnaire before the Event.
You agree to keep all information you learn during the Event about other participants, their businesses, or clients (as applicable) strictly confidential except in very rare circumstances where disclosure is required by law.
You agree that you will not add any participant contact information you obtained through the Event to any marketing, email, or mailing list without the owner’s permission. You agree that you will not send any spam email to any Event participant. You agree that the Company shall not be liable for the disclosure of any of your information by another Event participant.
The Company may terminate your participation in the Event at any time, without refund, if you breach any part of these TOU. In the event of cancellation or termination, you are no longer authorized to access the part of the Event or Content affected by such cancellation or termination. The restrictions imposed on you in these TOU with respect to the Event and its Content will still apply now and in the future, even after termination by you or the Company.
8. Personal Responsibility, Assumption of Risk, Release, Disclaimers
8.a. The Event and Content provide information and education only, and do not provide any financial, legal, medical or psychological services or advice. Neither the Event nor Content prevents, cures or treats any mental or medical condition. The Event and Content are not intended to be a substitute for professional advice that can be provided by your own accountant, lawyer, financial advisor, or medical professional. You are responsible for your own financial, legal, physical, mental and emotional well-being, decisions, choices, actions and results. You should consult with a professional if you have specific questions about your own unique situation. The Company disclaims any liability for your reliance on any opinions or advice contained in the Content or provided during the Event.
8.b. You agree that you will not use any information from the Event as a way of diagnosing or treating mental disorders as defined by the American Psychiatric Association. If you are in therapy or under the care of a mental health professional, you will notify and consult with the mental health care provider regarding your decision whether to work with a coach.
8.c. You are voluntarily participating in the Event and acknowledge that, by engaging with the Company for the Event, you voluntarily assume an element of inherent risk, and knowingly and freely assume all risk and responsibility for injuries to any persons or damages to any property, and release, covenant not to sue, and hold Releasees harmless for any and all liability to you, your personal representatives, assigns, heirs and next of kin, for any and all claims, causes of action, obligations, lawsuits, charges, complaints, controversies, damages, costs or expenses of whatsoever kind, nature, or description, whether direct or indirect, in law or in equity, in contract or in tort, or otherwise, whether known or unknown, arising out of or connected with your participation in the Event, whether or not caused by the active or passive negligence of the Releasees. This release is not intended as an attempted release of claims of gross negligence or intentional acts by Releasees.
In the event that the release and hold harmless provision is held unenforceable for any reason, you agree to limit any damages claimed to the total paid to the Company for the Event.
8.d. You agree to observe and obey all posted rules and warnings, to follow any instructions or directions given by the Company through its employees, representatives or agents, and to abide by any decision of any Company staff or volunteers, or Company vendors or contractors, regarding your ability to safely participate in the Event. You agree to exhibit appropriate behavior at all times and to obey all local, state and federal civil and criminal laws while participating in the Event. This includes, generally, respect for other people, equipment, facilities or property. The Company may dismiss you, without refund, if your behavior endangers the safety of or negatively affects the Event or any person, facility or property.
8.e. You consent to medical care and transportation in order to obtain treatment in the event of injury to you as the Company, volunteers or medical professionals may deem appropriate. These TOU extend to any liability arising out of or in any way connected with the medical treatment and transportation provided in the event of an emergency and/or injury.
8.f. If you choose to consume alcoholic beverages during any part of the Event, you must do so responsibly and only if you are over the age of twenty-one (21).
8.g. The Company is not responsible for any personal item or property that is lost, damaged or stolen at or during the Event.
8.h. Earnings and Results Disclaimer: You agree that the Company has not made and does not make any representations about the earnings or results you may receive as a result of your participation in the Event. The Company cannot and does not guarantee that you will achieve any particular result or earnings from your use of the Event, and you understand that results and earnings differ for each individual.
8.i. Any links to third-party products, services, or sites are subject to separate terms and conditions. The Company is not responsible for or liable for any content on or actions taken by such third-party company or website. Although the Company may recommend third-party sites, products or services, it is your responsibility to fully research such third parties before entering into any transaction or relationship with them.
8.j. The Company tries to ensure that the availability and delivery of the Event and Content is uninterrupted and error-free. However, the Company cannot guarantee that your access will not be suspended or restricted from time to time, including to allow for repairs, maintenance or updates, although, of course, we will try to limit the frequency and duration of suspension or restriction.
8.k. THE INFORMATION, PRODUCTS AND SERVICES OFFERED THROUGH THE EVENT AND CONTENT ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE COMPANY DOES NOT WARRANT THAT THE EVENT OR ANY OF ITS FUNCTIONS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY PART OF THE COMPANY’S WEBSITE, INCLUDING MEMBERSHIP PAGES, OR THE SERVERS THAT MAKE IT AVAILABLE, ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
8.l. THE COMPANY SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES THAT RESULT FROM USE OF OR PARTICIPATION IN, OR THE INABILITY TO USE OR PARTICIPATE IN, THE EVENT OR CONTENT, INCLUDING THEIR MATERIALS, PRODUCTS OR SERVICES, OR THIRD-PARTY MATERIALS, PRODUCTS OR SERVICES MADE AVAILABLE THROUGH THE EVENT.
You acknowledge that there is an inherent risk in all forms of electronic communication, and communications between you and the Company may be unlawfully intercepted by third parties not under our control. The Company does not guarantee the security of any information transmitted via the Internet, telephone, video conference, or other electronic media. Any efforts you undertake to communicate with Company are done at your own risk.
10. Legal Disputes
11. Users Outside United States
The Company controls and operates the Event and Content from offices in the United States and its commonwealths. The Company does not represent that materials provided through the Event are appropriate or available for use in other locations. People who choose to access the Event or Content from other locations do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
You agree to defend, indemnify, release, and hold harmless the Company and any directors, officers, agents, contractors, partners, assigns, successors-in-interest and its and their employees from and against any and all claims, damages, obligations, losses, liabilities, costs, debt and expenses (including but not limited to attorney’s fees) arising from or in connection with: (i) your participation in the Event or use of the Content in violation of these TOU, (ii) any breach by you of these TOU or any representation and warranty made by you herein, (iii) any comment, post, or material you submit to the Company’s website or any third-party forum or website operated by the Company, (iv) your use of materials or features available in the Event or Content (except to the extent a claim is based upon infringement of a third-party right by materials created by the Company) or (v) a violation by you of applicable law or any agreement or terms with a third party to which you are subject.
13. Force Majeure
The Company shall not be deemed in breach of this Agreement if the Company is unable to complete the Event or any portion thereof by reason of fire, earthquake, labor dispute, act of God or public enemy, epidemic, pandemic, death, illness or incapacity of the Company or any local, state, federal, national or international law, governmental order or regulation or any other event beyond Company’s control (collectively, “Force Majeure Event”). Upon occurrence of any Force Majeure Event, the Company shall give notice to you of its inability to perform or of delay in completing the Event and shall propose revisions to the schedule for completion of the Event or other accommodations, or may cancel the Event.
14. General Provisions.
The Company may modify the terms of this TOU at any time. All modifications shall be posted on the Company’s website and participants shall be notified of them. If any provision of this TOU is held invalid or unenforceable, the remainder will remain in full force and the invalid or unenforceable provision will be replaced by a valid or enforceable provision.
This is the entire agreement of the parties and reflects a complete understanding of the parties with respect to the subject matter. This agreement supersedes all prior written and oral representations.
By clicking on the box when signing up for the Event, you are providing the electronic equivalent of your signature and assert that you have read, understood and agreed to this entire document. If you do not agree with these TOU, do not purchase or use the Event or Content.