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Last Updated: September 2022.
MOA Company, LLC (“Provider”) provides a proprietary online platform, products, events, and services (the “Platform”). These Platform Terms of Service (the “Terms”) are incorporated into the Agreement signed by you upon payment.
Provider provides events both online and in-person, and the terms controlling the Platform shall also apply to participating and/or attending the events. This document sets forth the terms and conditions that apply to your use of the Platform and events offered by Provider. By using or accessing the Platform, whether manually or by automated means, or attending one of the Provider’s live in-person or virtual events, you agree to these terms of service.
By purchasing any product, or service from the Provider, using this site or its subsidiaries, or the Platform you agree to and accept the following terms, conditions, and notices.
We reserve the right to change, update, revise, or modify any of the terms of service and any conditions contained in the Terms or any policy or guideline of the Platform, at any time and in our sole discretion. Any changes or modification will be effective immediately upon posting of the revisions on the Platform, and you waive any right you may have to receive specific notice of such changes or modifications. Your continued use of the Platform following the posting of changes or modifications will confirm your acceptance of such changes or modifications. It is your duty to check back often to review any updated terms.
By accepting these terms of service and conditions, and agreeing to the Privacy Policy and other related guidelines, and by making the required payment, you are hereby granted permission to access the Platform and the designated information contained within the Platform (the “Platform License”).
All questions or comments about the Platform or site content should be directed here: support@moamentoring.com
Please read these Terms carefully before accessing the Platform. By using or accessing the Platform, you are agreeing to be bound by these Terms, which, together with our Privacy Policy, and any related guidelines, govern the relationship between you and the Provider in relation to the Platform.
The contents of the Platform, and information from the Provider and its associates are intended for the personal, non-commercial use of its users. All materials published on the website, Platform, groups (including but not limited to Facebook Groups, Discord Servers, Instagram Groups, and Telegram Groups), news articles, photographs, images, illustrations, audio clips and video clips (collectively, the “Content”) are protected by copyright, trademark and all other applicable intellectual property laws, and are owned or controlled by the Provider. or the party credited as the Provider of such Content, software or other materials. You shall abide by copyright or other notices, information and restrictions appearing in conjunction with any Content accessed through the Service.
The trademarks, logos, and service marks (collectively the “Trademarks”) displayed on the Platform or websites are registered and unregistered Trademarks of the Provider and others. Nothing contained on any of the Provider’s websites should be construed as granting, by implication, estoppel, or otherwise, any license or right to use any Trademark displayed on the website without the written permission of the Provider or such third party that may own the Trademarks displayed on the website. Your misuse of the Trademarks displayed on the website, or any other content on the website, except as provided in these Terms and Conditions, is strictly prohibited. You are also advised that the Provider will aggressively enforce its intellectual property rights to the fullest extent of the law, including the seeking of criminal prosecution.
Any communication or material you transmit to the website, Platform, groups (including but not limited to Facebook Groups, Discord Servers, Instagram Groups, and Telegram Groups) by electronic mail or otherwise, will be treated in accordance with our Privacy Policy. By transmitting or posting any communications or materials to the website, Platform, groups (including but not limited to Facebook Groups, Discord Servers, Instagram Groups, Skool Groups, and Telegram Groups), you agree that the Provider may use your communications or materials for any purpose, including reproduction, transmission, publication, marketing, advertising, broadcast and posting. The Provider is free to use any ideas, concepts or know-how contained in such communications or materials for any purpose whatsoever including, but not limited to developing, manufacturing, distributing and marketing products using such information. It is further acknowledged that Provider is the owner of all trade secrets, including but not limited to the information embodied in the Platform for which copyright applies, and which may consist of Provider’s concept, model, and/or plan. You acknowledge that this confidential information is a trade secret and was the result of a substantial amount of time, energy, and money invested by the Provider, and has substantial economic value in that the information is not generally known to anyone and represents significant time and energy, and Provider has made reasonable efforts to ensure that the information remains a secret by submitting it to only those for whom there is an expectation to be compensated. You hereby acknowledge that you are liable if you use this information against the interest of the Provider in any manner. Moreover, the Provider is not liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the websites, the Platform, or any groups that the Provider owns.
By agreeing to these Terms, you are also consenting to the collection and use of your information, including personal information, in accordance with our Privacy Policy. Please refer to our Privacy Policy for information on how we collect, use and disclose personally identifiable information from our users. See: https://www.moamentoring.com/privacy
The Platform, groups owned by the Provider, and the content provided therein by the Provider are for personal use only and may not at any time without the written consent of the Provider be shared, sold, or otherwise disseminated to any other person or entity. Unless otherwise indicated, everything you see on the Platform or which you are granted access to through the Platform is considered to be the Confidential Information (as hereinafter defined) of the Provider hereunder. You hereby agree not to share or disclose your login information to any third party.
We may revise these Terms from time to time in our sole discretion and the most current version will always be available at https://www.moamentoring.com/terms. If a revision is, in our sole discretion, material, we will notify you at the e-mail address you have most recently provided to us. By continuing to access or use the Platform, you agree to the revised Terms. We may modify the Platform from time to time in our sole discretion which modifications may include, but not be limited to, the removal, addition, or modification of features within the Platform, graphic and stylistic modifications, and integration with third-party products or services.
The Platform is intended for use only by individuals who are at least 18 years of age. If you are not at least 18 years of age, you are not authorized to use the Platform without the permission and supervision of your parent or legal guardian. If you are under the age of majority, you warrant that you have the express permission of your parent or legal guardian to use the Platform. If you are a parent or legal guardian and have authorized a minor to use the Platform in accordance with these Terms and the Privacy Policy, you agree that you are responsible for the online conduct of the minor, the compliance by the minor with these Terms and for the consequences of any misuse of the Platform by the minor.
In consideration of your use of the Platform, you agree to: (a) provide accurate and truthful information as prompted through the Platform; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or Provider has reasonable grounds to suspect that such information is inaccurate, Provider may suspend or terminate your use of the Platform and/or decline to permit your continued use of the Platform and future access to the Platform. To access certain parts of the Platform, you may be required to open an account for the Platform, in which case you will have to create a username and password and provide registration information as set forth in the Privacy Policy. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. You are responsible for maintaining the confidentiality of your credentials and are solely responsible for all activities (whether by you or by others) that occur under your credentials. You must notify the Provider immediately of any unauthorized use of your password or account or any other breach of security. Notice must be provided to: support@moamentoring.com
Provider assumes no liability for any loss or damage arising from any unauthorized use of your credentials by a third party. The Provider may require that you change your password prior to accessing the Platform at any time if it deems that your existing password has been or might reasonably be compromised or as part of its regular security measures. If you are a business, government, or non-profit entity, the person whose email address is associated with the account at the time of registration must have the authority to bind you to this Agreement.
As a condition of using the Platform, you agree that you will not use the Platform for any purpose that is unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by the Provider. By way of example, and not as limitation, you agree not to use the Platform:
The Provider shall have the right, but no obligation, to monitor the content and your activities on the Platform to determine compliance with these Terms and any other operating rules we establish. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that are in Provider’s sole discretion is inappropriate, objectionable or in violation of these Terms. Except as specifically set forth herein, the Provider neither endorses nor is responsible for the accuracy or reliability of any opinion, advice or statement on the Platform, whether it is provided by the Provider, our employees, or a third party. Under no circumstances will the Provider be liable for any loss or damage of any kind caused by reliance on information obtained through the Platform. Neither Provider nor any third-party content Provider shall assume or have any liability for any action or inaction by Provider or any third-party content Provider with respect to any conduct, communication or posting on the Platform. The Provider reserves the right at all times to remove any content from the Platform in its sole discretion, including content posted or submitted by you.
Except for the right of access to the Platform under the Platform License or as otherwise specifically set forth herein, you do not gain any ownership of or any rights in or to any of the Intellectual Property of the Provider (the “Provider IP”) by virtue of this Agreement. When used herein, the term “Intellectual Property” means all intellectual property rights comprising or relating to: (a) patents; (b) trade-marks; (c) internet domain names, whether or not trade-marks, registered by any authorized private registrar or governmental authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and industrial design registrations, whether or not registerable, including copyrights and copyrightable works, audio, video, documents, spreadsheets, software and firmware, application programming interfaces, architecture, files, records, schematics, data, data files, and databases and other specifications and documentation; (e) trade secrets; (f) all industrial and other intellectual property rights, and all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection under the laws of any jurisdiction in any part of the world and universe, foreseen or unforeseen, in perpetuity, in any and all medium now existing or to be created in the future in perpetuity, in any and all medium now existing or to be created in the future.
Confidential information (the “Confidential Information”) means, with respect to the Provider, (i) any proprietary information contained in or made available through the Platform that is not generally known to the public or otherwise explicitly marked as being confidential (or any variation of such term) or being subject to the copyright of such party, marked in red text, or otherwise classified by the Provider as confidential; (ii) communicated directly to you in confidence; or (iii) would otherwise, by its nature, reasonably be expected to be viewed as proprietary or confidential by the Provider, whether in tangible or intangible form, in whatever medium provided or accessed, including but not limited to via e-mail or social messaging technology (including, but not limited to, Telegram, Discord, Instagram, Facebook and SMS), whether unmodified or modified by the you, whenever and however disclosed. For greater certainty, (i) all credentials you use to access the Platform; and (ii) all of the Provider IP which is not made public by the Provider is considered to be Confidential Information hereunder.
Confidential Information means, with respect to you, any non-public information disclosed directly and privately to the Provider that is explicitly marked by you as being confidential or in a setting which is indicated by the Provider as being of a confidential nature. For greater certainty, any information disclosed by you through the Platform in public forums or in other areas of the Platform which are publicly accessible or accessible by other users of the Platform is deemed not to be Confidential Information hereunder.
Each Party (the “Receiving Party”) agrees that it will not disclose, divulge, reveal, report or use, for any purpose other than to carry out the intent of this Agreement, any Confidential Information which the Receiving Party has obtained, except as authorized by the Disclosing Party or as required by law. Notwithstanding anything contained herein to the contrary, any usage of data described in the Privacy Policy in effect from time to time shall be deemed to have been consented to by you hereunder.
Notwithstanding anything contained herein to the contrary, if you send or transmit any communications or materials to Provider by mail, email, telephone, or otherwise, (i) endorsing the Platform; (ii) providing information on the performance of the Platform or your business in relation to the use of the Platform; or (iii) any other feedback regarding the Platform (“Feedback”), Provider is free to use such Feedback irrespective of any obligation or limitation contained herein. In furtherance of the foregoing, you hereby license to Provider on your behalf, and on behalf of your employees, contractors and/or agents, the right to use the Feedback for promotional, marketing, and/or advertising purposes and agrees that the Provider may publish the Feedback in any media anywhere throughout the world and universe, foreseen or unforeseen, in perpetuity, in any and all medium now existing or to be created in the future.
In consideration of the Platform License, you agree to pay the Provider the fees set forth in the Commercial Terms, in accordance with the payment schedule set forth in the Commercial Terms. Unless specifically set forth herein, (i) all Fees are non-refundable; and (ii) notwithstanding any termination of your Platform License during the Term, you shall remain obligated to pay all Fees on account of the Term of such Platform License in accordance with the Payment Schedule (if applicable).
You acknowledge and agree that all material, transactions, and/or dealings within and surrounding the Platform is non-refundable, non-cancellable, and nontransferable, upon completion of this agreement, whether with payment pending, paid in full, or partial payment, by recurring billing payment or otherwise.
You are not entitled to a refund or chargeback for any reason, unless specifically granted by the Provider in writing. There are shared documents, access to files, training, and proprietary systems that are accessible by you at the start of the services or event, which is considered a legal benefit to you. All payments made to Provider are final and are not refundable for any reason, however, you may recover any payments to Provider that were made in error. In certain situations, Provider may make an express refund upon sufficient evidentiary support by you and confirmed in writing by Provider. Furthermore, all live events (virtual or in-person) are non-refundable and not transferable. This means you cannot ask to change the date of the live event for another one or request a refund, or request a chargeback. If you are unable to attend for any reason (including but not limited to foreseen and unforeseen circumstances, such as any orders and/or mandates concerning Covid-19), you acknowledge and agree that all purchases are final and non-refundable. You cannot request a refund for any cancellation, and there will be no credit to your account with the Provider, nor will there be a transfer to a future date. All sales are final and non-refundable.
Your use of any third-party service Provider in connection with the Platform, including, but not limited to payment service Providers is governed by such third-party service Provider’s then applicable terms and conditions and, to the extent that you make use of a third-party Provider in connection with the Platform, you hereby agree to abide by such terms. Any fees charged by a third-party service Provider in connection with your use thereof shall be your sole responsibility. Provider shall have no liability resulting from the links that the Platform may provide, or links that third parties may provide, or any links to other websites or resources. Because Provider has no control over such sites and resources, you acknowledge and agree that Provider is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Provider shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.
Once you are provided access to the Platform in accordance with the Platform License from Provider, you are considered to have received legal consideration and you shall be considered to have received the legal benefit of your bargain relating to this Agreement. Specifically, if you are provided access and Provider obtains account information and confirmation of your login to the Platform, then you cannot allege that you did not receive the product(s) and/or program(s) contained in the Platform as provided by the Provider.
You will indemnify, defend, and hold harmless Provider, its agents, shareholders, officers, directors, and affiliated entities (the “Provider Releasees”) against any actual or threatened third party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (“Claims”) arising out of or based upon any breach of these Terms or from any representation or warranty contained herein and made by you which was or is at any time false, and indemnify the Provider Releasees from all damages, costs, and lawyers’ fees finally awarded in any such Claim. You hereby expressly and irrevocably release and forever discharge Provider, associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims, and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of your use of the Platform. Notwithstanding the foregoing, in no event shall Provider be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Platform (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or (ii) to provide substitute goods or services (however arising).
NO GUARANTEES; NO EXPRESS WARRANTIESEXCEPT AS SET FORTH IN THE COMMERCIAL TERMS, THE PLATFORM AND ANY ASSOCIATED SERVICES OR PRODUCTS ARE PROVIDED BY PROVIDER ON AN “AS IS” AND “AS AVAILABLE” BASIS. PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE PLATFORM, TO THE INFORMATION, CONTENT, MATERIALS OR PRODUCTS INCLUDED IN THE PLATFORM, OR TO THE FUNCTIONALITY OF ANY PRODUCTS OR PRODUCTS ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, PROVIDER DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, PROVIDER MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE PLATFORM AND/OR ITS CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. PROVIDER IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS IN THE PLATFORM. BY USING THE PLATFORM, YOU ACKNOWLEDGE THAT YOUR USE OF THE PLATFORM AND SERVICES ASSOCIATED THEREWITH, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA, MATERIALS, ADVICE, COUNSEL, OPINIONS, OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE PLATFORM IS SOLELY AT YOUR OWN RISK. PROVIDER DOES NOT WARRANT OR GUARANTEE THAT THE PLATFORM OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF PROVIDER ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, PROVIDER DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF THE PLATFORM, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND THE PROVIDER, OR BETWEEN YOU AND ANY OTHER USER OF THE PLATFORM, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES. IT IS UNDERSTOOD AND ACKNOWLEDGED THAT NO INFORMATION CONTAINED WITHIN THE PLATFORM OR PROVIDED BY PROVIDER SHALL BE CONSTRUED AS PROFESSIONAL ADVICE, COUNSEL, OR OPINIONS. PROVIDER DOES NOT OFFER PROFESSIONAL SERVICES, AND IS NOT A LICENSED PROFESSIONAL (I.E. PROVIDER IS NOT OFFER LICENSED PROFESSIONAL MEDICAL ADVICE OR TREATMENT, COUNSELING, OR OTHER PROFESSIONAL SERVICES). YOU ARE INFORMED TO CONSULT WITH A LICENSED PROFESSIONAL, AND ANY INFORMATION OBTAINED FROM THE PLATFORM OR PROVIDER IS NOT TO BE RELIED UPON.
Provider maintains reasonable safeguards and personnel policies that are designed to guard the Platform, the Provider’s systems and the Provider’s users’, business partners’ and others’ information. For example, for the security of your online visit to the Platform, the Provider may make use of firewall barriers, encryption techniques and/or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Provider strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Provider will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you most recently provided to us. If you are informed of any data privacy breach, it is your responsibility to notify Provider by emailing: support@moamentoring.com
When you use the Platform or send emails to Provider, you are communicating with us electronically and you consent to receive non-marketing communications from Provider electronically. The Provider may communicate with you by email or by posting notices on the Platform. You agree that all agreements, notices, disclosures and other communications that Provider provides to you electronically satisfy any legal requirement that such communications be in writing. It is agreed that email correspondence to the email you have provided satisfies all legal and notice requirements. Email correspondence from Provider or any of its representatives to you via the email that you have submitted shall be deemed to satisfy all legal and notice requirements. However, in order for you to provide sufficient legal notice to the Provider, you must comply with the procedures as set forth herein.
If a dispute arises out of, or in connection with this Agreement, the parties agree to first meet to pursue resolution through negotiation in good faith.
PLEASE READ THIS AGREEMENT CAREFULLY TO ENSURE THAT YOU UNDERSTAND EACH PROVISION. THIS AGREEMENT CONTAINS A MANDATORY ARBITRATION OF DISPUTES PROVISION THAT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES (INCLUDING THOSE INVOLVING ANY PAYMENT PROCESSOR), RATHER THAN JURY TRIALS OR CLASS ACTIONS, AND ALSO LIMITS THE REMEDIES AVAILABLE TO YOU IN THE EVENT OF A DISPUTE. IN ADDITION, YOU AGREE TO RAISE ANY DISPUTE WITH PROVIDER AND NOT ANY THIRD PARTY PAYMENT PROCESSOR. CONTACTING PROVIDER’S PAYMENT PROCESSOR SHALL BE CONSIDERED A BREACH OF THIS AGREEMENT, WHICH MAY GIVE RISE TO LIQUIDATED DAMAGES.
YOU HEREBY EXPRESSLY CONSENT AND AGREE TO A MANDATORY INDIVIDUAL ARBITRATION AND WAIVE YOUR RIGHT TO PARTICIPATE AS A MEMBER OF ANY CLASS ACTION, AND WAIVE YOUR RIGHT TO PARTICIPATE IN ANY JURY TRIAL RELATING TO ANY DISPUTE THAT INVOLVES PROVIDER. THIS PROVISION REQUIRES YOU USE ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES WITH PROVIDER, RATHER THAN JURY TRIALS OR CLASS ACTIONS.WITH RESPECT TO ALL PERSONS AND ENTITIES, REGARDLESS OF WHETHER THEY HAVE OBTAINED OR USED THE SERVICE FOR PERSONAL, COMMERCIAL, OR OTHER PURPOSES, ALL CLAIMS MUST BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. THIS WAIVER APPLIES TO CLASS ARBITRATION, AND, UNLESS WE AGREE OTHERWISE, THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS. YOU AGREE THAT, BY ENTERING INTO THIS AGREEMENT, YOU ARE WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION, COLLECTIVE ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR OTHER REPRESENTATIVE PROCEEDING OF ANY KIND, AND MUTUAL PROMISES AND CONSIDERATION BY PROVIDER IS HEREBY GIVEN.
No agency, partnership, joint venture, or employment is created as a result of the Terms and you have no authority of any kind to bind Provider in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Provider shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Provider’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). The Provider may transfer, assign, or delegate the Terms and its rights and obligations without consent. Furthermore, the Provider shall not be considered liable for the statements posted to the platform by other user(s), including but not limited to those statements that may be considered defamatory.
Any of these Terms which by its nature should survive termination, including those with respect to Fees, Ownership of Intellectual Property, Confidentiality, Use of Feedback, Release and Indemnity, Disclaimer of Warranties, shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.
The invalidity or unenforceability of any of these Terms shall not affect the validity or enforceability of any other of these Terms and any such invalid or unenforceable term shall be deemed to be severable.
These Terms are made under and governed by and are to be construed in accordance with the laws of the State of Nevada and the federal laws applicable therein. You hereby irrevocably waive, to the fullest extent permitted by applicable law, any objection that you may now or hereafter have to the venue of any such proceedings brought in such a court and any claim that any such proceeding brought in such a court has been brought in an inconvenient forum.
All notices or other correspondence to Provider under these Terms must be sent to the following electronic mail address for such purpose: support@moamentoring.com
All dollar amounts referred to in this Agreement are expressed in United States Dollars (USD) unless otherwise specifically provided herein.
The Provider shall not be liable for your failure to apply, misuse or alteration of the strategies, coaching or information taught or tools or materials provided. Failure to follow instructions, guidance, or any information as described voids your right to any discretionary refund or dispute charges as “Incomplete”.
You agree that your failure to use the Platform, or any products or services provided by the Provider voids your ability to declare the product or service as “incomplete”, “unfinished”, “broken”, “faulty”, or in any way implies that the product or service is not complete, finished, or what was promised whether written, orally, or implied.
In connection with the Provider, the Provider may refer you to various professionals, which may include, but not limited to, attorneys, CPAs or other licensed tax professionals, certified financial planners, bankers, insurance agents, real estate agents, mortgage brokers, stock brokers, property managers, medical and health professionals, and others. You are not required or obligated to retain the services of any such professionals. The Provider does not make any representations or warranties to you regarding the quality or accuracy of the advice or information that may be provided to you by any such professionals.
The Provider shall not be responsible or liable to you for any advice or information provided to you by such professionals.The Provider is not a licensed financial service, medical or health professional, or any other licensed professional service provider, and all information about financial services, money, digital currencies, or any other monetary medium, and any health, well-being, or other professional matters is purely for entertainment purposes only, and is not to be construed as professional advice or services. You should seek the advice of a licensed professional for such matters.
Any success statements, or success examples, that may be stated, written, spoken, or communicated in any way by the Provider are not to be considered estimates or guarantees of results. There is no assurance you will do as well, or even attain anything at all. Whether this be material, intellectual, experiential, emotional or relating to any perceived change you might think you could experience through working with the Provider.
Where specific success examples are used, and attributed to an individual, those persons have had that success. There is no assurance you will do as well. If you rely upon our success examples; you must accept the risk of not doing as well.
Provider does not make any guarantee of results.
Any and all claims or representations, as to the success of the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents, are not to be considered as average results.There can be no assurance that any prior successes, or past results, can be used as an indication of your future success or results.Your success, in any form, and the results you may expect through working with the Provider is based on many factors. The Provider has no way of knowing how well you will do. Therefore we do not guarantee or imply that you will have success or results at all, that you will do as well as the Provider, or have any contact with anyone of value at all. There is no assurance you will do as well. If you rely upon our stories of success, you must accept the risk of not doing as well.
Changing your life and benefits derived there from, have unknown risks involved, and are not suitable for everyone. Making decisions based on any information presented in our products, services, or web site, should be done only with the knowledge that you could experience significant failure, or no success at all. All products and services by the Provider are for educational, entertainment, and/or informational purposes only. Use caution and seek the advice of qualified professionals. check with your doctor, psychiatrist or professional advisor, before acting on this or any information. All information and materials obtained from the Platform and/or from Provider is not to be relied upon.
Users of our product, services and website are advised to do their own due diligence when it comes to their results expressed through the Provider’s websites and all information, products, and services that have been provided should be independently verified by your own qualified professionals. Our information, products, services, and anything else communicated in any way by the Provider should be carefully considered and evaluated before acting upon. All information and materials obtained from the Platform and/or from Provider is not to be relied upon. All information contained in the Platform, and communicated by the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents is purely informational and/or for entertainment, and you must do your own due diligence to fact check, consult with professionals, your doctor, a financial advisor, or any other licensed professional before acting. All information and materials obtained from the Platform and/or from Provider is not to be relied upon as a substitute for professional services, including financial, legal, and/or medical.
You agree that the Provider is not responsible for the success or failure relating to any information presented by the Provider, or the Provider’s products or services.
You agree that you are being afforded the opportunity to have these Terms of Service reviewed by separate independent legal counsel so that you fully understand the terms and conditions. If you do not obtain an independent legal consult from a licensed lawyer, you have voluntarily waived your right to assert you did not have the opportunity to consult with a lawyer.
You understand that the Provider has invested many years to learn, organize and prepare all of this knowledge and training, and you agree to treat this material with respect.
You understand that the Provider may use profanity, intense communication, shouting, screaming, yelling, and other offensive language to gain your compliance and attention. You understand this is not to be construed as any personal attack on you and agree not to take it as such.
You agree to not hold the Provider liable for any communication or offensive material that offends you in any way. You agree that the content that relates to the Platform shall not be considered to be obscenity, and all communications and content relating to the Platform are not actionable under any legal standard for obscenity.
The Platform, and anything communicated by the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents is for informational purposes only. The Platform, and anything communicated by the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents is no substitute for professional medical advice, diagnosis, treatment or emergency intervention or transmission of time-critical data. You should always seek the advice of your healthcare Providers for any questions regarding your medical condition.
You agree that the Platform, and anything communicated by the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents should not be used to make medical decisions. Users should never disregard professional medical advice or delay in seeking it because of information provided via the platform, and anything communicated by the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents. You assume all responsibility for your use of the platform, and anything communicated by the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents and for all decisions to take or not take action based on any information provided or displayed via the platform, and anything communicated by the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents.
Use of the platform, and anything communicated by the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents is solely at your own risk. Neither the Provider, nor any of its affiliated companies or licensors, are responsible or liable for any diagnosis, decision or assessment made by the platform, and anything communicated by the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents or any injuries you may incur as a result of any decisions made based on the information provided via the platform, and anything communicated by the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents.
Nothing communicated by the Provider or its associates is intended to be medical advice or a substitute for medical advice. The Provider and the its associates shall have no liability for any adverse effects on your health, or any injury or personal harm, that result from or is related to your use of the Platform or from your access to, use of, or actions taken in response to, the contents or by anything communicated by the Provider. You should consult your healthcare Provider about any medical questions or concerns you have.
The Provider will not be held responsible for any charges incurred by you inside and outside of the program. You agree that the Provider is not responsible for any charges placed upon you by any entity not affiliated with the Provider. You agree to not hold the Provider or its associates accountable for expenses, and outside payments incurred by you from your action taken on information communicated to you by any means from the Provider, its associates, or the Platform.
You understand that the results you are looking for, or any change at all, must come from your own actions. The Provider, or its associates cannot, and will not take any action on your behalf.
The Provider shall not be responsible to you or any third parties for any direct or indirect, consequential, special, punitive or exemplary damage or loss incurred in connection with use of the website software, products, services, the Platform or any of the materials provided by the Provider or third parties through the service, or any damage or loss interruptions, deletions of files, errors, defects, delays in performance of the service or the website software, regardless of the claim as to the nature of the cause of action, even if the Provider has been advised of the possibility of such damage or loss. Some jurisdictions may not allow the exclusion or limitation of incidental or consequential damages, so the above exclusions shall only apply to the extent permissible under applicable law. You expressly agree to limit the liability of the Provider.
The Provider shall not be liable in any way whatsoever (including, but not limited to, negligence) for any special or consequential damages resulting from either your use of the Platform, you attending an event by Provider, or you using the services or products offered by the Provider, or your inability to use it or from your use of any site linked from or to the Platform. This limitation includes any circumstance in which the Provider or its representative has been advised of potential liability. Certain applicable laws may not allow all the limitations of liability described herein. Should that be the case, the Provider’s total liability to you for losses, damages, causes of action, and/or negligence shall not exceed the total amount paid by you (if any) to access the site.
To the fullest extent permissible under applicable law, the Provider’s aggregate liability, and the aggregate liability of our licensors, to you or any third parties in any circumstance is limited to One Hundred U.S. Dollars ($100). You expressly agree that this is a reasonable amount.
By using products, services, or sites owned by the Provider, you waive any claim whatsoever against the Provider which arises from your use, whether intended or not, of any other site. This waiver specifically includes any claim arising from a product and/or service which you purchase from any site other than moamentoring.com and other sites owned by the Provider and any claim arising from security of information (including, but not limited to credit card information) which you use on this site. In addition, the Provider assumes no responsibility for any content which you find on sites that link either to or from the site. This includes responsibility for the accuracy or compliance with any laws and for any viruses or other harmful things which may be contained in these sites. Nor is the Provider responsible should any site link you to a site which you find offensive. The Provider does not endorse or warrant the quality of any goods you buy from any site other than sites owned by the Provider.
You agree that the Platform, the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents have no responsibility for your actions whatsoever. You are the sole responsibility of yourself, and the Platform, the Provider, its agents, shareholders, officers, directors, and affiliated entities, employees and constituents cannot be held responsible in any way for your actions at any time, any place, and under any circumstance.
The Provider may, in its sole discretion, terminate or suspend your access or refuse service at any time, without notice, to all or part of services, products, programs, live events, or any other content owned by, or in direct control of, the Provider, for any or no reason, including, without limitation, breach of these Terms of Service or the repeated infringement of copyrights owned by third parties.
The Provider, including, without limitation, its authorized agents and employees may terminate your use of the website without notice in the event that you breach any obligation in these Terms of Service, including but not limited to, (i) restricting, inhibiting or disrupting any of the Provider’s events or (ii) attempting to alter or improperly access any feature or function of the website, product, or service. Your access may also be subject to termination if you post or transmit any illegal content; harass or threaten any user of the website or of the Provider’s employees, owners, or constituents; post content (including, but not limited to, the creation of usernames) that is offensive or otherwise disruptive of website activities; post unsolicited advertising; or improperly impersonate a Provider’s employee or other individual. Your access to the Platform or to any events by Provider is terminated if you share your login information or access to the Platform to a third party without consent from Provider.
By signing this contract, using the site, a service, or product provided by the Provider you agree to the following terms:
You will not collect personal information from, or market to the attendees of live programs, online programs, online groups, and any service or product owned by the Provider. You understand that the identities of staff and participants of live programs, online programs, online groups, and any service or product owned by the Provider are to be kept confidential. Privacy is important to attendees and staff of live programs, online programs, online groups, and any service or product owned by the Provider. You agree to not use any audio or video recording devices during any live programs, online programs, online groups, and any service or product owned by the Provider that you have access to.
You understand live programs, online programs, online groups, and any service or product owned by the Provider, marketing materials related to it, and its content contain copyrights, trademarks, and other original works of the Provider, and that any duplication or derivative works is unlawful. You further agree that you will not disclose to any such competing individual or company any of the content you are exposed to at live programs, online programs, online groups, and any service or product owned by the Provider or use of the information you learn in a live program, online program, online group, and any service or product owned by the Provider or its affiliate program as the basis for a competing business. This material is confidential, and for your personal private use only.
You agree that you do and will not own, operate or work for a company or internet website that teaches any content related to information the Provider communicates to you, in any way, shape, or form. You will forfeit to the Provider any revenue earned from operating or working for a company or internet website that teaches any content related to information the Provider communicates to you, in any way, shape, or form during the four (4) year period, and you are still obligated to keep all trade secrets confidential. During the term of this Agreement and for a reasonable period thereafter of four (4) years, you shall not engage in any activity that constitutes a conflict of interest with the Provider, including any competitive employment, business, or other activity in competition with the Provider in any way whatsoever. During the term of this Agreement and for a reasonable period of four (4) years after the termination of this Agreement for whatever reason, you agree not to attempt to divert or interfere with the development of the Provider’s business and/or economic advantage or relationships by soliciting, hiring, contracting, communicating with any agent or contact of the Provider.
In the event of a cancellation, reschedule, or no-show for 1-1 calls, live trainings, or coaching sessions, you shall be responsible for paying a fee of $100 to the company. This fee will be charged to the credit card on file or invoiced to you.
Cancellations or changes to reservations must be made at least 24 hours prior to the scheduled event date to avoid the fee. In the event of a no-show, the full amount of the service will be charged in addition to the fee. This provision is in effect to compensate the company for loss of business opportunities, time, and expenses incurred as a result of the cancellation, reschedule or no-show. Should the Provider reschedule, cancel, or no-show within any time frame, the Provider will not be responsible for paying any fee or damages incurred
You understand and agree that the ideas, concepts, techniques and views that you will be exposed to are an opinion only, to be used for entertainment purposes only, and not to be considered as professional advice, and not to be taken as factual truth or to be relied upon in any manner. You agree never to use any of the content that you learn in an unlawful manner. You shall not hold the Provider or its principal shall not be liable in any way whatsoever for any damages as a result of using or your inability to use the concepts you learn at this training and other third-party Providers used, or any other product or service you are exposed to as a result of your relationship with the Provider. You agree to forgo litigation and settle the matter using Binding Arbitration if a conflict should arise between the Provider (including its staff and Principal) and you. The Provider retains the right to refuse service and training to anyone at our discretion.
You agree to not become excessively intoxicated (over the legal drinking limit) while the live training is being conducted. You also agree to not do any illegal drugs or substances.
If you become excessively intoxicated at the Provider’s Live Event, you will be asked to leave.
You are expected to represent the Provider’s brand in a professional manner at the live events. This means no excessive drinking and/or obscene, potentially damaging, or rude behavior.Failure to comply with this will result in immediate removal from the program.
You also agree to not interfere with professional relationships the Provider has with other, non-employees, and non-clients at the event. This can include female models, service providers, hosts, etc. If you are found causing harm, making anyone feel uncomfortable, harassing people, reported to be “weird” or “creepy”, sexually assault, sexual harassment, or any form of communication beyond a level of formal acquaintance, you will be asked to leave. You understand that the provider has worked hard to keep a good, professional representation with people at live events and you will treat that relationship with extreme respect.
The Provider has the express privilege to remove you from any live event, for any reason, and under no circumstances are you warranted a refund, and you forfeit your right to dispute or chargeback any of the funds paid.
The provider may offer you a “live-in mentoring program” with your purchase. This offer must be explicitly granted in writing. This section outlines the rules of the “live-in mentoring program”.
The rules of live events stated in this document apply to the Provider’s “live-in mentoring” program, as well as those stated below.
You hereby grant permission to the rights of your image, likeness and sound of your voice as recorded on audio or video without payment or any other consideration. You understand that your image may be edited, copied, exhibited, published or distributed and waive the right to inspect or approve the finished product wherein your likeness appears. Additionally, you waive any right to royalties or other compensation arising or related to the use of your image or recording. You also understand that this material may be used in diverse educational, and marketing settings within an unrestricted geographic area.
Photographic, audio or video recordings may be used for anything the Provider wishes.
By using this site, live programs, online programs, online groups, and any service or product owned by the Provider you understand this permission signifies that photographic or video recordings of you may be electronically displayed via the Internet or by any other means.
There is no time limit on the validity of this agreement nor is there any geographic limitation on where these materials may be distributed.
This release applies to all photographic, audio or video recordings collected.
You acknowledge that you have completely read and fully understand the above release and agree to be bound thereby. You hereby release any and all claims against any person or organization utilizing this material for any purpose.
Both the United States Electronic Signatures in Global and National Commerce (ESIGN) Act, and the Uniform Electronic Transactions Act (UETA), have four major requirements for an electronic signature to be recognized as valid under U.S. law. Those requirements are:
By accepting and signing Provider’s link provided to you, you hereby acknowledge that Provider is exceeding the requirements warranted for compliance with the ESIGN Act. It is hereby acknowledged and agreed that Provider at the current moment will maintain relevant records using Pandadoc, however this may be subject to change without notice. You agree to not contact any of Provider’s document retention or payment processors. Any dispute relating to Provider or the Platform must be submitted to Provider directly.
Since the concepts, information, methods, and/or techniques relating to the Platform are valuable trade secrets belonging to the Provider, if you breach these terms and conditions in any manner, you shall pay liquidated damages of twenty-five thousand ($25,000.00 USD). You hereby expressly agree that the stated liquidated damages amount is a reasonable value of the business expectation of the Provider for each business opportunity or term interfered, misappropriated, or breached. You recognize that the above stated liquidated damages are an inadequate remedy for a breach of this Agreement, thus the Provider shall also be entitled to injunctive relief in the event that you breach these terms and conditions in any manner.
While attending Provider’s events, the Provider hereby advises that all local, state, and federal laws, orders, and mandates regarding any health and safety protocols, including but not limited to COVID-19, must be complied with by you. This may include but not is limited to: “social distancing” must be practiced and face coverings worn at all possible times to reduce the risks of exposure to the novel COVID-19 virus (also known as “coronavirus”, the “pandemic”, and/or “covid”, inter alia). Because COVID-19 is extremely contagious and is spread mainly from person-to-person contact, you hereby agree to follow any and all preventative measures to reduce the spread of COVID-19. However, the Provider cannot guarantee that you, or any clients, customers, volunteers, assignees, other contractors, vendors, or others in connection with the Provider will not become infected with COVID-19. In light of the ongoing spread of the novel COVID-19 virus, individuals who fall within any of the “at-risk” categories should not attend any events by Provider, and/or any services relating to the Provider’s business, and/or other face to face activities relating to the Provider, the Platform, or its business. By entering these Terms, you certify that at all times relating to Provider and its Platform and/or events, that you do not fall into any of the following categories: 1. Individuals who currently or within the past fourteen (14) days have experienced any symptoms associated with COVID-19, which include fever, cough, and shortness of breath among others; 2. Individuals who have traveled at any point in the past fourteen (14) days either internationally or to a community in the U.S. that has experienced or is experiencing sustained community spread of COVID-19; or 3. Individuals who believe that they may have been exposed to a confirmed or suspected case of COVID-19 or have been diagnosed with COVID-19 and are not yet cleared as non-contagious by state or local public health authorities or the health care team responsible for their treatment. If during any time relating to the Provider’s services or work, the Platform, or any events by Provider, you fall within any of the stated categories, you agree to immediately notify the Provider and to follow the guidance of the Centers for Disease Control and Prevention (CDC) (www.cdc.gov) or any restrictions and/or requirements imposed by the Provider. You hereby agree to self-monitor for signs and symptoms of COVID-19 (symptoms typically include fever, cough, and shortness of breath) and, immediately notify the Provider if you experience symptoms of COVID-19 within 14 days after attending an event for the Provider. You acknowledge that you derive benefit by virtue of attending any events by Provider, and you willingly engage in the activities relating to the Provider and the Platform. You further acknowledge and understand the following: 1. By attending events by the Provider, it may include possible exposure to and illness from infectious diseases including but not limited to COVID-19. While particular rules and personal discipline may reduce this risk, the risk of serious illness and death does exist; 2. You knowingly and freely assume all such risks related to illness and infectious diseases, such as COVID-19, even if arising from the negligence or fault of the Provider or anyone associated with the Provider; and 3. You hereby knowingly assume the risk of injury, harm and loss associated with activity relating to the Provider and the Platform, including any injury, harm and loss caused by the negligence, fault or conduct of any kind on the part of the Provider or anyone associated with the Provider. You acknowledge the possible health risks, including but not limited to transient dizziness, lightheadedness, fainting, nausea, muscle cramping, musculoskeletal injury, joint pains, sprains and strains, heart attack, stroke, or sudden death. You agree that if you experience any of these or any other symptoms during any time relating to the Provider, the Platform, or events by Provider, you will discontinue your involvement immediately and seek appropriate medical attention. YOU HEREBY RELEASE AND FOREVER DISCHARGE THE PROVIDER FROM ANY CLAIM WHATSOEVER WHICH ARISES OR MAY HEREAFTER ARISE ON ACCOUNT OFANY FIRST AID, TREATMENT, OR SERVICE RENDERED IN CONNECTION WITH YOUR PARTICIPATION IN ANY MANNER WITH THE PROVIDER, THE PLATFORM, OR EVENTS BY PROVIDER. By entering these terms, you acknowledge and assume all risks and dangers associated with Provider, the Platform, and any events by Provider, and you agree that: (a) the Provider (b) the property or business owner for which any event by Provider is taking place, and (c) all past, present and future affiliates, successors, assigns, employees, volunteers, vendors, partners, directors, and officers, of such entities and the Provider (collectively, the “Released Parties”), will not be responsible for any personal injury (including death), property damage, or other loss suffered as a result of your involvement with the Provider, the Platform, and any event by Provider, regardless if any such injuries or losses are caused by the negligence of any of the Released Parties (collectively, the “Released Claims”). BY ENTERING THESE TERMS, YOU HEREBY GIVE A FULL RELEASE OF LIABILITY TO THE RELEASED PARTIES TO THE FULLEST EXTENT PERMITTED BY LAW. YOU HEREBY RELEASE, WAIVE AND FOREVER DISCHARGE ANY AND ALL LIABILITY, CLAIMS, AND DEMANDS OF WHATEVER KIND OR NATURE AGAINST THE PROVIDER AND ITS ASSIGNS, VOLUNTEERS, PARTICIPANTS, VENDORS, CONTRACTORS, AFFILIATED PARTNERS, AND/OR SPONSORS, INCLUDING IN EACH CASE, WITHOUT LIMITATION, THEIR DIRECTORS, OFFICERS, EMPLOYEES,VOLUNTEERS, AND AGENTS (THE “RELEASED PARTIES”), EITHER IN LAW OR IN EQUITY,TO THE FULLEST EXTENT PERMISSIBLE BY LAW, INCLUDING BUT NOT LIMITED TO DAMAGES OR LOSSES CAUSED BY THE NEGLIGENCE, FAULT OR CONDUCT OF ANY KINDON THE PART OF THE RELEASED PARTIES, INCLUDING BUT NOT LIMITED TO DEATH,BODILY INJURY, ILLNESS, ECONOMIC LOSS OR OUT OF POCKET EXPENSES, OR LOSS OR DAMAGE TO PROPERTY, WHICH YOU, YOUR HEIRS, ASSIGNEES, NEXT OF KINAND/OR LEGALLY APPOINTED OR DESIGNATED REPRESENTATIVES, MAY HAVE OR WHICH MAY HEREINAFTER ACCRUE ON YOUR BEHALF, WHICH ARISE OR MAY HEREAFTER ARISE FROM YOUR INVOLVEMENT WITH THE PROVIDER, THE PLATFORM, OR ANY EVENT BY PROVIDER.
This Agreement has been made in and shall be construed and enforced in accordance with the law without regard to any conflict of law provisions. The Provider makes no representation that the live programs, online programs, online groups, and any service or product owned by the Provider is appropriate for access outside of the United States. Those who choose to access live programs, online programs, online groups, and any service or product owned by the Provider from outside the United States do so on their own initiative and are responsible for compliance with local laws. You agree that any action to enforce this agreement shall be brought in the federal or state courts located in Nevada.The Provider may at any time revise these Terms and Conditions by updating this posting. You are bound by any such revisions and should therefore periodically visit this page to review the then current Terms and Conditions to which you are bound.Official correspondence must be sent via postal mail to:MOA Company, LLC Attention: 4525 Dean Martin Dr, Apt 1605, Las Vegas, Nevada 89103 These Terms of Service, the Privacy Policy, and any other terms and conditions referenced in this Agreement constitute the entire agreement between you and the Provider with respect to your access and use of the website, products, services and supercede all prior or contemporaneous agreements (whether oral, written or electronic) between you and the Provider. If any of the provisions of this Agreement are determined to be invalid or unenforceable, then each invalid or enforceable provision will be construed in a manner consistent with applicable laws to reflect, as nearly as possible, the original intentions of the parties, and the remaining provisions shall remain in full force and effect. The Provider may assign these Terms of Service (i) to any of its affiliates, (ii) to the surviving entity in the event of a merger, acquisition, or the sale of all or substantially all of the assets of the Provider or (iii) in connection with the sale of this Website or the business unit associated with this Website.In the event that you violate any of the above terms, you agree to pay the Provider the sum of $25,000.00 as liquidated damages. You further agree that all payments made to the Provider are forfeited and not subject to refund. All other payments made by you to the Provider irrespective of what those payments were to be applied to are also subject to forfeiture. The Provider hereby reserves any and all legal rights and remedies available to it.
You acknowledge that: