Terms of Use
Around the Clock Masterclass
Please read the Terms of Use for the Masterclass carefully and in their entirety before purchasing and using the Around the Clock Masterclass (hereinafter referred to as the “Masterclass”). The Masterclass and its content are owned by Mya Nichol LLC.
- Definitions:
“Company”, “We”, “I”, “Our”, or “Us” means Mya Nichol LLC
“Participation”, “Participating”, “Using”, or “Use” means reading, implementing, trying, or otherwise engaging in the Masterclass.
“You” or “Your” means the purchaser and person using the Masterclass.
2. Consent:
By participating in the Masterclass, you implicitly and voluntarily agree to act in accordance with, agree to, and abide by, these Terms of Use.
3. DISCLAIMER:
By participating in the Masterclass, you understand that Mya Nichol LLC is a social media expert and business coach.
This Masterclass is for informational and educational purposes only. The information and education provided in this Masterclass is not intended or implied to supplement or replace the professional advice of an attorney, accountant, and/or financial advisor. You should contain with a professional in those areas (financial, legal, accounting, etc.) in person with someone where you live or work to discuss issues or questions pertaining to your particular legal, financial, or business situation.
Although we do our best to make sure all of the Masterclass’s content is up to date and/or accurate, we do not make any representation that all the information is accurate or free of errors at all times. We do not assume any responsibility for accuracy of the Masterclass’s information, or its safety or efficacy as it applies to you.
4. Assumption of the Risk
You should use your best judgment in using the information provided in the Masterclass, which is done at your own risk. It is your responsibility to discern the risk of using the Masterclass or its content. You assume responsibility for your actions, choices, or lack thereof, related to the Masterclass.
5. Intellectual Property Ownership:
The Masterclass and its content, including, but not limited to, the content in the Facebook group and the recording of the masterclass are intellectual property owned by Mya Brown + Mya Nichol LLC. Any violations of this term, and all terms contained herein, will be legally pursued to the fullest extent permitted by law.
6. No Sharing:
You cannot distribute, copy, forward, and/or share the Masterclass or its content with anyone else. This includes the link to the zoom, emails received in regards to this offer, the recording of the Masterclass, and any other information given about the Masterclass. Any violations of these Terms of Use will be legally pursued to the fullest extent permitted by law.
7. No Claims Made Regarding Results:
Any and all current or past-client testimonials, statements, or examples used by us are simply that: examples. They are not guarantees that you will also experience or receive the same results. Each person and his/her circumstances are unique and nothing shall be interpreted as a guarantee that you will experience the same results as another client of ours.
We don’t make any assurances as to any particular financial-based outcome based on the use of or participation in the Masterclass. We are not responsible for the success or failure of your business, business decisions, income, sales, or any other result of any kind that you may have as a result of your participation in the Masterclass.
8. DISCLAIMER - No Warranties, Guarantees, or Representations Are Being Made:
We do not offer any representations, guarantees, or warranties, of any variety, regarding the Masterclass in any way including, but not limited to, your future income, sales, potential, profitability, or losses derived as a result of your use of the Masterclass. The Masterclass is offered “AS IS” and without representations, guarantees, or warranties of any kind, including but not limited to, implied warranties of merchantability and fitness for a particular purpose, neither express nor implied, to the extent permitted by law. We are not liable for damages of any kind related to your use of the Masterclass.
9. Your Release of Us, Indemnification, Hold Harmless:
To the fullest extent permitted by law, Mya Nichol LLC expressly disclaims liability for any direct, indirect, and/or consequential damages suffered by you related to your purchase or use of, or participation in, the Masterclass, its materials, our website, or any other information obtained by you from us. By enrolling in the Masterclass, you hereby agree to this limitation of liability and release Mya Nichol LLC from any and all claims.
By participating in and/or purchasing the Masterclass, you agree to release, forgive, forever discharge, defend, indemnify, and hold harmless Mya Nichol LLC, our subsidiaries, employees, agents, contractors, subcontractors, shareholders, directors, officers, coaches, assignees, licensees, and affiliates from any and all claims, suits, actions, charges, demands, liabilities, damages, judgments, and/or costs, related to, or arising out of, your purchase of or participation in the Masterclass and/or your breach of any obligation, warranty, covenant, or representation set forth in these Terms of Use.
By enrolling in the Masterclass, you agree to release us from any and all claims, and further agree to at all times defend, indemnify, and hold harmless Mya Nichol LLC as stated in this section herein.
10. Our Refund Policy:
We will do everything within our ability (and within reason) to ensure your satisfaction. Due to the downloadable, live, and shareable nature of the Masterclass, refunds will not be issued for the Masterclass once it is purchased. If you have any questions or concerns, or if there is anything we can do to make your experience a more pleasant one, please email Mya Brown at [email protected].
11. ARBITRATION CLAUSE:
If you have any complaint or should any issue arise in the use of the Masterclass, please contact us directly first by emailing Mya Brown at [email protected]
However, if we are unable to amicably resolve your dispute in that manner, you agree that you and Mya Brown + Mya Nichol LLC shall submit your dispute to binding arbitration with the American Arbitration Association, before an arbitrator that is mutually agreed upon, in accordance with the American Arbitration Association’s (“AAA”) rules.
By agreeing to this term, you hereby agree and understand that you’re waiving your right to a jury trial in court, which would otherwise be available to you if not for this Arbitration Clause. Should any arbitration hearing need to be held, it shall be held within 50 miles of Provo, Utah.
If the arbitrator issues an award and a judgment is made, the judgment will be binding and will be entered in court in the State of Utah. The only award that can be issued to you is a refund of any payment made to Mya Nichol LLC for the applicable Masterclass. You are not permitted to seek additional damages, including consequential or punitive damages.
12. Limitation of Liability:
Mya Brown and Mya Nichol LLC are not responsible or liable in any way for any and all damages you receive directly or indirectly from your participation in the Masterclass. We do not assume liability for damages, injuries, harm, death, misuse of (or failure to properly use) the Masterclass or its content, due to any act, or failure to act, by you. IN NO EVENT SHALL WE BE LIABLE TO YOU FOR ANY INDIRECT, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES.
13. PAYMENT, PURCHASE, AND PAYMENT PLAN TERMS
A. General Payment Terms:
When you pay for the Masterclass by credit card, you authorize and give permission to Mya Nichol LLC to charge your credit or debit card for the amount owed for payment of the Masterclass. When you purchase the Masterclass, your information (i.e. credit card and contact info) may be collected by the third-party merchant PayPal, Stripe, Kajabi (depending on the payment method you choose at checkout), who may have privacy policies or security practices that are different than ours. Mya Nichol LLC is not responsible for the merchant’s independent policies or practices.
B. No Chargebacks:
You will not, under any circumstances, issue or threaten to issue any chargebacks to the Company or your credit card and/or form of payment (ie, PayPal) for any reason whatsoever related to the Masterclass. In the event of a chargeback, the Company reserves its right to report it to the credit bureaus as a delinquent account.
14. Severability
The provisions of these Terms of Use shall be deemed severable, and the invalidity or unenforceability of any provision shall not affect the validity and enforceability of any other provision hereof. If any Section, subsection, sentence, or clause of these Terms of Use shall be adjudged illegal, invalid, or unenforceable, such illegality, invalidity, or unenforceability shall have no effect on the Terms of Use as a whole or on any Section, subsection, sentence, or clause hereof not expressly so adjudged.
15. Entire Agreement
These Terms of Use contains the entire agreement between you and the Company. There are no other promises or conditions in any other agreement (oral or written) between you and the Company.
16. Choice of Law + Venue
These Terms of Use shall be governed by the laws of the state of Utah. Any action brought by any party arising out of or from these Terms shall be brought within the Utah, County of Utah County.
By purchasing and/or participating in the Masterclass, you implicitly signify your agreement to all of the terms in these Terms of Use.
17. Photograph and Testimonial Release
The Participant grants the Company the right, title and interest to share any and all communications, wins, screenshots of communications, or testimonials in connection with the Participant’s participation in the Masterclass for the purposes of promoting and marketing the Masterclass across social media, advertisements, the Company’s website, and to the Company’s future clients. The Participant understands that s/he will not receive any compensation for use of his/her likeness, testimonial, or image. The Company will make all reasonable efforts to conceal the identity of the Participant, unless otherwise granted permission by the Participant to share his/her name or identifying information.
If you have any questions about the Terms of Use, please contact Mya at [email protected]. Thank you.