TERMS AND CONDITIONS
These Website Standard Terms and Conditions written on this webpage shall manage your use of this website. These Terms will be applied fully and affect to your use of this Website. By using this Website, you agreed to accept all terms and conditions written in here. You must not use this Website if you disagree with any of these Website Standard Terms and Conditions.
- Intellectual Property Rights
Other than the content you own, under these Terms, Micheal Burt Enterprises and/or its licensors own all the intellectual property rights and materials contained in this Website.
You are granted limited license only for purposes of viewing the material contained on this Website.
You are specifically restricted from all of the following
- publishing any Website material in any other media;
- selling, sublicensing and/or otherwise commercializing any Website material;
- publicly performing and/or showing any Website material;
- using this Website in any way that is or may be damaging to this Website;
- using this Website in any way that impacts user access to this Website;
- using this Website contrary to applicable laws and regulations, or in any way may cause harm to the Website, or to any person or business entity;
- engaging in any data mining, data harvesting, data extracting or any other similar activity in relation to this Website;
- using this Website to engage in any advertising or marketing.
Certain areas of this Website are restricted from being access by you and Micheal Burt Enterprises may further restrict access by you to any areas of this Website, at any time, in absolute discretion. Any user ID and password you may have for this Website are confidential and you must maintain confidentiality as well.
- Your Content
In these Website Standard Terms and Conditions, “Your Content” shall mean any audio, video text, images or other material you choose to display on this Website. By displaying Your Content, you grant Micheal Burt Enterprises a non-exclusive, worldwide irrevocable, sub licensable license to use, reproduce, adapt, publish, translate and distribute it in any and all media.
Your Content must be your own and must not be invading any third-party’s rights. Micheal Burt Enterprises reserves the right to remove any of Your Content from this Website at any time without notice.
- No warranties
This Website is provided “as is,” with all faults, and Micheal Burt Enterprises express no representations or warranties, of any kind related to this Website or the materials contained on this Website. Also, nothing contained on this Website shall be interpreted as advising you.
- Limitation of liability
In no event shall Micheal Burt Enterprises, nor any of its officers, directors and employees, shall be held liable for anything arising out of or in any way connected with your use of this Website whether such liability is under contract. Micheal Burt Enterprises, including its officers, directors and employees shall not be held liable for any indirect, consequential or special liability arising out of or in any way related to your use of this Website.
You hereby indemnify to the fullest extent Micheal Burt Enterprises from and against any and/or all liabilities, costs, demands, causes of action, damages and expenses arising in any way related to your breach of any of the provisions of these Terms.
If any provision of these Terms is found to be invalid under any applicable law, such provisions shall be deleted without affecting the remaining provisions herein.
- Variation of Terms
Micheal Burt Enterprises is permitted to revise these Terms at any time as it sees fit, and by using this Website you are expected to review these Terms on a regular basis.
The Micheal Burt Enterprises is allowed to assign, transfer, and subcontract its rights and/or obligations under these Terms without any notification. However, you are not allowed to assign, transfer, or subcontract any of your rights and/or obligations under these Terms.
- Entire Agreement
These Terms constitute the entire agreement between Micheal Burt Enterprises and you in relation to your use of this Website, and supersede all prior agreements and understandings.
- Governing Law & Jurisdiction
These Terms will be governed by and interpreted in accordance with the laws of the State of Tennessee, and you submit to the non-exclusive jurisdiction of the state and federal courts located in Tennessee for the resolution of any disputes.
- Subscriptions & Cancellations
Monster Growth Academy: By clicking “I agree” on the Total Growth Academy checkout page, I/we are in full agreement with these terms. I/we agree that I/we are committing to a one year subscription with no refunds and no cancellations. I/we will be responsible for the full payment of the one year agreement in the monthly installments I/we commit to on the date I/we committed. Any late payments or lack of payments will be turned over to a collections agency which could negatively affect my/our credit score. Any major life issue which could adversely affect my/our ability to pay will be discussed by contacting Micheal Burt Enterprises on a case by case basis.
Monster Producer Coaching Program:
- Fees. As compensation for the services described for the Monster Producer Coaching Program, Customer shall pay Coach twelve (12) equal monthly installment payments of $299.00, equalling $3588.00 per year, due and payable each month of the Term (hereinafter the “Fees”). The first installment payment shall be due on the date the customer checks out and thereafter on the date of purchase each following month. Customer shall pay all installment payments via credit/debit card. Customer hereby acknowledges and agrees that Customer’s credit/debit card or bank account will be charged each month for the installment. In the event the regularly scheduled charge is rejected for any reason, including insufficient funds, Customer agrees to pay an additional twenty-five ($25) late fee per week until the installment payment is collected. Customer authorizes Coach to attempt to process regularly scheduled charge every five (5) days after rejection for any reason. Customer certifies that Customer is an authorized user of the credit/debit card.
- Term. The initial term of this agreement shall be for a period of twelve (12) months beginning as of the Effective Date. In the event Customer desires to cancel this Agreement, for any reason, Customer shall remain responsible for the entire Fees described in paragraph 1 above. The parties can renew or extend this agreement by agreement in writing.
- Default. In the event Customer fails to make payment as described in paragraph 1 above, or in the event Customer otherwise breaches this Agreement for any reason, Coach may terminate this Agreement and Customer’s access to the services. In the event of default for any reason, Customer shall remain responsible for the entire amount of Fees, less any amount paid prior to default.
- Engagement of Coach. Customer acknowledges that the term “Coach” as used herein shall refer to the company of Micheal Burt Enterprises, LLC, and shall not be deemed to refer to the individual, Micheal Burt, and Customer expressly understands and agrees that none of Coach’s covenants, undertakings or agreements are made or intended as personal covenants, undertakings or agreements by any natural persons who are owners, administrators and/or employees of Coach from time to time. Any liability of Coach for damages, breach or nonperformance or otherwise arising under or in connection with this Agreement is expressly waived by Customer against any natural persons who are owners, administrators and/or employees of Coach from time to time, and in all events, Customer’s sole recourse for discharge of any such liability shall be to Coach and its assets and not to any natural persons who are owners, administrators and/or employees of Coach from time to time or their assets.
- Indemnification. Speaker agrees to indemnify, hold harmless and defend Coach as well as Coach’s respective owners, administrators and/or employees from and against any loss, damage or expense, including reasonable attorney’s fees, incurred or suffered by or threatened against Coach or any of the foregoing in connection with or as a result of (a) Speaker’s act(s) or omission(s) or breach of this Agreement or (b) any claim for personal injury or property damage or otherwise brought by or on behalf of any third party person or entity as a result of or in connection with this engagement, which claim does not result from the active and willful negligence of Coach.
- Attorney’s Fees/Governing Law. If any legal action shall be brought by either party to enforce or interpret this Agreement, the prevailing party shall be entitled to recover from the non-prevailing party as part of its prevailing damages all litigation expenses and reasonable attorney’s fees. This Agreement shall in all respects be governed by and construed according to the laws of Tennessee. Any suit or other proceeding arising out of or relating to this Agreement shall be instituted and maintained in the state courts in Rutherford County, Tennessee, or in the United States District Court for the Middle District of Customer expressly waives any objections to such jurisdiction and venue and irrevocably consents and submits to the personal and subject matter jurisdiction of such courts in any such action or proceeding.
- No Guarantees. Coach makes no guarantees, warranties and/or promises concerning the results or effects of the services provided Customer hereby acknowledges that no guarantees, warranties or promises are made by Coach concerning the services described herein.
- Curing Period. In the event Customer has any complaints related to the services provided herein or believes that Coach has breached any term of this Agreement, Customer shall give Coach written notice of such complaint and/or purported breach and Coach shall have the opportunity for a period of sixty (60) days to cure the same. Customer hereby agrees that unless Coach is given notice and the opportunity to cure, Coach shall not be deemed to have breached any provision of this Agreement. This paragraph shall be considered a condition precedent to any legal action of Customer.
- Binding Agreement. This Agreement shall be binding upon the parties hereto. Except as otherwise provided hereunder, this Agreement contains the entire agreement between the parties related to the subject matter hereof. This Agreement may not be changed orally but only by an agreement in writing signed by the party against whom enforcement of any such change, waiver, modification, construction, extension or discharge is sought.