Your Use of the Site
You agree that the Site itself, as well as all Content, videos, training materials, products, services, and/or other materials, made available on the Site by us or other third parties, as well as the look and feel of all of the foregoing, (collectively referred to as the “Content”), are maintained for your personal use and information by the Company and are the property of the Company and/or its third-party providers.
No Company Content may be copied, reproduced, republished, uploaded, posted, transmitted, distributed, used for public or commercial purposes, or downloaded in any way that results in direct monetary profit [sale of the Content itself] unless written permission is expressly granted by the Company. Modification of the Content or use of the Content for any purpose that directly results in monetary gain is a violation of the copyright and other proprietary rights of the Company, as well as other authors who created the materials, and may be subject to monetary damages and penalties.
You may not distribute, modify, transmit or use the Content of the Site or any Content, including any and all software, tools, graphics, and/or sound files, for public or commercial purposes without the express written permission of the Company.
While using the site, you agree not to: restrict or inhibit any other authorized user from using the Site, including, without limitation, by means of “hacking” or defacing any portion of the Site; violate any applicable laws or regulations; express or imply that any statements you make are endorsed by us, without our prior written consent; upload to, transmit through, or display on the Site (a) any material that is unlawful, fraudulent, threatening, abusive, libelous, defamatory, obscene or otherwise objectionable, or infringes our or any third party’ intellectual property or other rights;
(b) any confidential, proprietary or trade secret information of any third party;
or (c) any advertisements, solicitations, chain letters, pyramid schemes, investment opportunities or other unsolicited commercial communication (except as otherwise expressly permitted by us); engage in spamming or flooding; transmit any software or other materials that contain any viruses, worms, trojan horses, defects, date bombs, time bombs or other items of a destructive nature; modify, adapt, sublicense, translate, sell, reverse engineer, decompile or disassemble any portion of the Site; remove any copyright, trademark or other proprietary rights notices contained in or displayed on any portion of the Site; “frame” or “mirror” any portion of the Site, or link to any page of or material on the Site other than the URL located at www.ModernMarketspace.com or the URLs provided by us to you for such purposes as part of the Site, without our prior written authorization; use any robot, spider, site search/retrieval application or other manual or automatic device or process to retrieve, index, “data mine” or in any way reproduce or circumvent the navigational structure or presentation of the Site; or harvest or collect information about users of the Site without their express consent.
We may terminate your access to and use of the Site immediately if you fail to comply with the above rules.
When you register with the Site, you expressly consent to receive any notices, announcements, agreements, disclosures, reports, documents, communications concerning new products or services, or other records or correspondence from the Company. You consent to receive notices electronically by way of transmitting the notice to you by email.
As part of the account set-up and registration process, you may be asked to select a username and password. We may refuse to grant you a username for any reason in our sole discretion, including in the event that we determine that such username impersonates someone else, is illegal, vulgar, or otherwise offensive, or is protected by trademark or other proprietary rights law, or otherwise may cause confusion. You will be responsible for the confidentiality and use of your username and password.
YOU AGREE NOT TO SHARE, TRANSFER, GIFT, LOAN, OR RESELL YOUR USE OF OR ACCESS TO THE SITE TO ANY THIRD PARTY. YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
YOU EXPRESSLY AGREE TO INFORM THOSE WHO ACCESS ANY SITE OR PLACE WHERE YOU USE SAID CONTENT THAT THOSE WHO ACCESS YOUR DOWNLOAD, COPY, SHARE, OR USE OF SAID CONTENT MUST BECOME PAID MEMBERS OF THE SITE THEMSELVES IN ORDER TO THEMSELVES DOWNLOAD, COPY, SHARE, AND/OR USE THE CONTENT.
Making Purchases on the Site
If you wish to purchase any products, services or memberships through the Site, we will ask you to supply certain information applicable to your purchase, including, without limitation, payment and other information.
All information that you provide to us or our third party payment processor must be accurate, current and complete. You agree to pay all charges incurred by you or any users of your account and credit card (or other applicable payment mechanism) at the prices in effect when such charges are incurred.
Price and availability of any products, services, or memberships are subject to change without notice, and our current prices can be found on the Site.
The Site reflects all currently available products, plans, and prices.
All Content, such as text, data, graphics files, videos and sound files, and other materials contained in the Site, are copyrighted unless otherwise noted and are the property of the Company and/or a supplier to the Company.
If you believe that your intellectual property rights are being violated and/or that any work belonging to you has been reproduced on the Site or in any in any way, you may notify Company at our registered agent at, 11230 Alligator Trail, Wellington, Florida 33449. Please provide your name and contact information, the nature of your work and how it is being violated, all relevant copyright and/or trademark registration information, the location/URL of the violation, and any other information you believe is relevant.
You are not authorized to download, copy, share, and/or use the Business Training Content of the Site. You are not authorized to download, copy, share, and/or use any Content that is not currently available in your personal Modern Marketspace account. Upon cancellation of your membership, any previous Content you have downloaded, copied, or saved in any way to your personal devices must be deleted and you no longer are authorized to share or use those materials in any way. If you cancel your membership, the Content released to and classes released during your subscription will no longer be available on the Site and you will not be legally allowed to continue to share the Content. If you want to continue to share the classes, you will need to purchase them individually in order to gain access to them in your personal account on the Site.
YOU AGREE TO EXPRESSLY INFORM THOSE WHO ACCESS ANY SITE OR PLACE WHERE YOU USE SAID CONTENT THAT THOSE WHO ACCESS YOUR DOWNLOAD, COPY, SHARE, OR USE OF SAID CONTENT MUST BECOME PAID MEMBERS OF THE SITE THEMSELVES IN ORDER TO THEMSELVES DOWNLOAD, COPY, SHARE, AND/OR USE THE CONTENT.
Termination of Membership, Services, or Account
At the time that you terminate your membership, services, or account with the Site, you agree that your license for use of the Site and its Content is revoked at the end of your current billing cycle.
Disclaimer of Accuracy
While the Site uses reasonable efforts to include accurate and up-to-date information, no warranties or representations have been nor are now made as to its accuracy, completeness, nor the extent to which it is or is not up to date.
The Content may contain typographical errors or technical inaccuracies. The Site and Company reserve the right to add to, change, or delete its Content or any part thereof without notice. Any price or availability information is subject to change without notice. Additionally, this site may contain information provided by third parties.
Neither the Site nor the Company makes any representation regarding the accuracy, truth, quality, suitability, or reliability of any such information, and are not responsible for any errors, omissions, or inaccuracies contained in any information provided by such third parties.
Use of the information on this site is strictly voluntary, and reliance on it should only be undertaken after you have independently verified its accuracy, completeness, and timeliness.
Submissions to Modern Marketspace.
If you send comments or suggestions about the Site to the Site or Company, including, but not limited to, notes, text, drawings, images, designs, or computer programs, such submissions shall become, and shall remain, the sole property of the Company.
No submission shall be subject to any obligation of confidence on the part of the Company. The Company shall exclusively own all rights to (including intellectual property rights thereto), and shall be entitled to unrestricted use, publication, and dissemination as to all such submissions for any purpose, commercial or otherwise without any acknowledgment or compensation to you.
The Company shall use commercially reasonable efforts to restrict unauthorized access to our data and files. However, no system whether or not password protected can be entirely impenetrable.
By using the Site, you signify your acceptance of the Company’s terms and conditions. If you do not agree with these terms and conditions, in whole or part, you are not authorized to use this Site.
Disclaimer of Warranties
NEITHER THE COMPANY NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR MAINTAINING THE SITE AND/OR ANY CONTENT ON THE SITE SHALL BE LIABLE UNDER ANY CIRCUMSTANCES FOR ANY DIRECT, INCIDENTAL, CONSEQUENTIAL, INDIRECT, OR PUNITIVE DAMAGES ARISING OUT OF YOUR ACCESS TO OR USE OF THE SITE. WITHOUT LIMITING THE FOREGOING, ALL CONTENT ON THE SITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE COMPANY DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OF THE MATERIALS IN THE SITE, THE RESULTS OF THE USE OF SUCH MATERIALS, THE SUITABILITY OF SUCH MATERIALS FOR ANY USER’S NEEDS OR THE LIKELIHOOD THAT THEIR USE WILL MEET ANY USER’S EXPECTATIONS, OR THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR CORRECTION.
THE COMPANY LIKEWISE DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES THAT YOU WILL EARN ANY MONEY USING THE SITE OR THE COMPANY’S TECHNOLOGY OR SERVICES. YOU ACCEPT ALL RESPONSIBILITY FOR EVALUATING YOUR OWN EARNING POTENTIAL AS WELL AS EXECUTING YOUR OWN BUSINESS AND SERVICES. YOUR EARNING POTENTIAL IS ENTIRELY DEPENDENT ON YOUR OWN PRODUCTS, IDEAS, TECHNIQUES; YOUR EXECUTION OF YOUR BUSINESS PLAN; THE TIME YOU DEVOTE TO THE PROGRAM, IDEAS AND TECHNIQUES OFFERED AND UTILIZED; AS WELL AS YOUR FINANCES, YOUR KNOWLEDGE, AND YOUR SKILL.
SINCE THESE FACTORS DIFFER AMONG ALL INDIVIDUALS, THE COMPANY CANNOT AND DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR GUARANTEES REGARDING YOUR SUCCESS OR INCOME LEVEL. THE COMPANY DOES NOT WARRANT THAT USE OF THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THIS SITE, THE CONTENT, AND/OR THE MATERIALS AVAILABLE ON THIS SITE ARE FREE FROM BUGS OR VIRUSES OR OTHER HARMFUL COMPONENTS. YOU ASSUME ALL RESPONSIBILITY FOR THE COST OF ALL NECESSARY REPAIRS OR CORRECTIONS.
THE COMPANY SHALL NOT BE RESPONSIBLE FOR ANY PERFORMANCE OR SERVICE PROBLEMS CAUSED BY ANY THIRD PARTY WEBSITE OR THIRD PARTY SERVICE PROVIDER. ANY SUCH PROBLEM SHALL BE GOVERNED SOLELY BY THE AGREEMENT BETWEEN YOU AND THAT PROVIDER.
Please note that the applicable jurisdiction may not allow the exclusion of implied warranties. Some of the above exclusions may thus not apply to you.
Third-Party Websites and Software
The Company’s membership agreements are auto-renewal subscription plans. Monthly plans automatically renew each month and members will be charged on the same date of each month as the first date when the membership started. Annual plans will automatically renew on the same date each year with the sole exception that a membership that begins on February 29 will renew on February 28 in non-Leap Year years. Prior to confirming purchase of a membership, every member is required to check a box that indicates he or she has read and agrees to the Terms and Conditions and specifically understands that the purchase is an auto-renewal purchase, with no refunds of renewal charges. The Company website does not allow the purchase of any subscription plan to be completed unless and until this auto-renewal box has been checked. The statements that accompany the box that must be checked prior to completion of any purchase reads as follows.
The Company shall not be responsible for notifying members before an auto-renewal plan renews for the month or year. If members do not manually cancel their membership plan before the membership(s) auto-renew date, the Company shall not be responsible for the refund of renewal charges. Please see the refund policy.
Members are responsible for canceling their own memberships. Members must cancel their own membership(s) on their account by selecting “My Account” while logged in, then under “My Subscriptions” they can “Cancel their subscription”. If members have multiple auto-renewal plans they are responsible for canceling each plan individually. No membership can or will be canceled by a member’s email to The Company at ModernMarketspace@gmail.com stating that the member would like to cancel his or her membership.
The Company does not offer any refunds. The Company may, in its sole discretion, refund any amounts collected but doing so will not be considered a waiver of this no-refund policy or of any limitation of liability as provided in these Terms and Conditions for any future or other amounts.
Limitation of Liability
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL THE COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, PUNITIVE, RELIANCE OR CONSEQUENTIAL DAMAGES, WHETHER FORESEEABLE OR NOT, INCLUDING, BUT NOT LIMITED TO, DAMAGE OR LOSS OF PROPERTY, EQUIPMENT, INFORMATION OR DATA, LOSS OF PROFITS, REVENUE OR GOODWILL, COST OF CAPITAL, COST OF REPLACEMENT SERVICES, OR CLAIMS FOR SERVICE INTERRUPTIONS OR TRANSMISSION PROBLEMS, OCCASIONED BY ANY DEFECT IN THE SITE, THE CONTENT, AND/OR RELATED MATERIALS, THE INABILITY TO USE SERVICES PROVIDED HEREUNDER OR ANY OTHER CAUSE WHATSOEVER WITH RESPECT THERETO, REGARDLESS OF THEORY OF LIABILITY. THIS LIMITATION WILL APPLY EVEN IF THE COMPANY HAS BEEN ADVISED OR IS AWARE OF THE POSSIBILITY OF SUCH DAMAGES. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN ANY DISPUTE, THE COMPANY’S LIABILITY SHALL BE LIMITED TO THE AMOUNT OF THE ONE MONTH PAID SUBSCRIPTION.
ANY DISPUTES shall be brought to the Company at ModernMarketspace@gmail.com as a condition precedent to any further dispute resolution efforts. If you are not satisfied, you must pursue mediaton through a mutually agreed-upon mediator, and if resolution is still not reached, any unresolved disputes shall be brought through arbitration to be conducted in Fulton County, Georgia with an agreed-upon arbitrator. The party initiating the arbitration shall bear the costs of the arbitration and attorney fees shall be paid by the non-prevailing party. The laws of Georgia shall apply to interpretation of this agreement.
You agree to indemnify and hold the Company and each of its directors, officers employees, and agents, harmless from any and all liabilities, claims, damages and expenses, including reasonable attorney’s fees, arising out of or relating to (i) your breach of this Agreement, (ii) any violation by you of law or the rights of any third party, (iii) any materials, information, works and/or other Content of whatever nature or media that you post or share on or through the Site, (iv) your use of the Site or any services that the Company may provide via the Site, and (v) your conduct in connection with the Site or the services or with other users of the Site or the services. The Company reserves the right to assume the exclusive defense of any claim for which we are entitled to indemnification under this Section. In such event, you shall provide the Company with such cooperation as is reasonably requested by the Company.
Notice to California Users
Under California Civil Code Section 1789.3, California users of the Site are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Last Updated: March 3, 2021