Last updated: November 30, 2020
Terms & Conditions
Welcome to MasterMind.com. MasterMind.com, MasterMind Consulting, LLC and/or its affiliates
(“MasterMind”) provide website features access to third party products and services to you when you visit or
shop at MasterMind.com, use MasterMind products or services, use MasterMind applications for mobile, or use
software provided by MasterMind in connection with any of the foregoing (collectively, “MasterMind
Services”). MasterMind provides these services subject to the following conditions.
Agreeing to These Terms & Conditions
We offer a range of services depending on your needs. Individuals come to MasterMind.com to both post and
purchase content. A majority of these Terms and Conditions will apply to both individuals and suppliers. In
some cases, the responsibilities of individuals purchasing content and suppliers providing content vary. If these
Terms and Conditions are inconsistent with specific Service Terms, those Service Terms will apply.
IMPORTANT – PLEASE CAREFULLY READ AND UNDERSTAND THESE TERMS AND
CONDITIONS OF USE & SALE (THESE “TERMS”) BEFORE ACCESSING, USING, OR SUBSCRIBING
OR PLACING AN ORDER OVER WWW.MASTERMIND.COM OR OTHER OF OUR SITES OR ONLINE
RESOURCES WHICH LINK TO THESE TERMS.
THESE TERMS CONTAIN DISCLAIMERS OF WARRANTIES AND LIMITATIONS OF LIABILITIES
INCLUDING ARBITRATION AND CLASS ACTION WAIVER PROVISIONS THAT WAIVE YOUR
RIGHT TO A COURT HEARING, RIGHT TO A JURY TRIAL, AND RIGHT TO PARTICIPATE IN A
CLASS ACTION (SEE SECTIONS 10, 14, 15, AND 16). ARBITRATION IS MANDATORY AND IS THE
EXCLUSIVE REMEDY FOR ANY AND ALL DISPUTES UNLESS SPECIFIED BELOW IN SECTION 16.
THESE TERMS FORM AN ESSENTIAL BASIS OF OUR AGREEMENT.
The use of MasterMind.com or other sites or online resources to which these Terms are linked (each, a
“Website”), owned and maintained by MasterMind Consulting LLC (“MasterMind,” “we,” “our,” “us”), are
governed by these Terms. We offer the Website, including all information, tools, and services available from the
Website to you, the user, conditioned upon your acceptance of all terms and conditions stated herein. By
accessing, using, subscribing, or placing an order over the Website, you and your business (including any sub
users you may have) agree to the terms and conditions set forth herein. If you do not agree to these Terms in
their entirety, you are not authorized to use the Website in any manner or form whatsoever.
THIS IS A BINDING AGREEMENT. THESE TERMS TOGETHER WITH OUR PRIVACY STATEMENT
AND DATA PROCESSING ADDENDUM AND CODE OF ETHICS FORM A LEGALLY BINDING
AGREEMENT (THE “AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND
MASTERMIND. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE
AND THE SERVICES PROVIDED BY MASTERMIND, ANY ORDER YOU PLACE THROUGH THE
WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS
APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON
OR AVAILABLE THROUGH THE WEBSITE. PLEASE PRINT AND RETAIN A COPY OF THIS
AGREEMENT FOR YOUR RECORDS.
MasterMind reserves the right to update and change, from time to time, these Terms and all documents
incorporated by reference by posting updates and/or changes to our Website. It is your responsibility to
check this page periodically for changes. You can find the most recent version of these Terms here. Use
of the Website after such changes constitutes acceptance of such changes. Any new features or tools which
are added to the current Website shall also be subject to the Terms.
Table of Contents
1. Website Use
2. Website User Conduct and Restrictions-License Terms
3. Our Privacy Statement and Your Personal Information
4. Information You Provide; Registration; Passwords; Prohibition Against Hosting Third-Party Agency
5. Code of Ethics
6. Order Placement and Acceptance
7. Trial Offer, Automatic Enrollment and Payment, and Cancellation
8. Subscription Terms and Automatic Payment
9. Shipping Fees
10. Products, Services, and Prices Available on the Website
11. Disclaimer – your business’ individual results will vary
12. Your responsibilities in running your business
13. Testimonials, reviews, and pictures/videos
14. Compliance with the law, including commitment against harassment and interference with others
15. Disclaimers of other warranties
16. Limitations of liabilities
17. Dispute resolution by mandatory binding arbitration and class action waiver
18. MasterMind’s Additional Remedies
20. Notice and Takedown Procedures; Copyright Agents
21. Third-Party Links
23. No Waiver
24. Governing Law and Venue
25. Force Majeure
27. Electronic Signature
28. Changes to the Agreement
29. Your Additional Representations and Warranties
31. Entire Agreement
32. Contacting Us
33. Seller Refunds
SECTION 1 – Website Use
The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are
at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater),
operate a business, have the legal capacity to enter into a binding contract with us, and have read this Agreement
and understand and agree to its terms.
SECTION 2 – Website User Conduct and Restrictions-License Terms
All aspects of our Website are protected by U.S. and international copyright, trademark, and other intellectual
property laws, including all content, information, design elements, text material, logos, taglines, metatags,
hashtags, photographic images, testimonials, personal stories, icons, video and audio clips, and downloads. No
material on the Website may be copied, reproduced, distributed, republished, uploaded, displayed, posted, or
transmitted in any way whatsoever. The MasterMind trademark and logo are proprietary marks of MasterMind,
and the use of those marks is strictly prohibited. Nothing herein gives you the right to use, copy, register as a
domain name, reproduce, or otherwise display any logo, tagline, trademark, trade name, copyrighted material,
patent, trade dress, trade secret, or confidential information owned by MasterMind.
Subject to your continued strict compliance with all Terms, MasterMind provides to you a revocable, limited,
non-exclusive, royalty-free, non-sublicenseable, non-transferrable license to use the Website. You acknowledge
and agree that you do not acquire any ownership rights in any material protected by intellectual property laws.
If you purchase a subscription to MasterMind software over the Website, MasterMind provides to you a
revocable, limited, non-exclusive, non-sublicenseable, non-transferrable license to use the software. You
acknowledge and agree that: (1) the software is copyrighted material under United States and international
copyright laws that is exclusively owned by MasterMind; (2) you do not acquire any ownership rights in the
software; (3) you may not modify, publish, transmit, participate in the transfer or sale, or create derivative works
from the content of the software; (4) except as otherwise expressly permitted under copyright law, you may not
copy, redistribute, publish, display or commercially exploit any material from the software without the express
written permission of MasterMind; and (5) in the event of any permitted copying (e.g., from the Website to your
computer system), no changes in or deletion of author attribution, trademark, legend or copyright notice shall be
You agree not to use or attempt to use the Website or any software provided by MasterMind, whether alone, or
in conjunction with other software or hardware, in any unlawful manner or a manner harmful to MasterMind.
You further agree not to commit any harmful or unlawful act or attempt to commit any harmful or unlawful act
on or through the Website or through use of any software or hardware including, but not limited to, refraining
- A. HARMFUL ACTS. Any dishonest or unethical business practice; any violation of the law; infliction
of harm to MasterMind’s reputation; hacking and other digital or physical attacks on the Website;
scraping, crawling, downloading, screen-grabbing, or otherwise copying content on the Website
and/or transmitting it in any way we haven’t specifically permitted; introducing, transmitting, or
storing viruses or other malicious code; interfering with the security or operation of the Website;
framing or mirroring the Website; creating, benchmarking, or gathering intelligence for a
competitive offering; infringing another party’s intellectual property rights, including failing to
obtain permission to upload/transfer/display works of authorship; intercepting or expropriating
data; and the violation of the rights of MasterMind or any third party;
- B. BUSINESS OPPORTUNITIES & MISLEADING OR STATEMENTS
OF MISREPRESENTATION. Any statement that may mislead a user into thinking that MasterMind
offers or supports “business opportunities.” This means: you cannot say or imply that MasterMind
or your product, services or content offers all the tools someone needs to start and succeed in
business regardless of education or experience; to the extent you are offering a business related
service, it should not be directed to people who have no business and no business experience. You
must explain your product, service and/or content in an accurate and non-misleading manner; do
not misrepresent potential earnings, income or other benefits; do not misrepresent the amount of
sales or income a participant in a business could reasonably expect to make; do not make earnings
or income claims. More simply, do not make guarantees like “do this and you will make money” or
“follow these steps and you will make money; do not state or suggest that financial success or
making money is “easy” or does not require hard work. In fact, you should state the opposite: that
succeeding in business is tricky and does require a lot of hard work, commitment and risk-taking.
The foregoing are merely examples of the types of claims that are prohibited. You are solely and
exclusively responsible for complying with all applicable laws in connection with your participation
in MasterMind including, but not limited to, all laws governing marketing and advertising claims.
- C. “SPAMMING” AND UNSOLICITED COMMUNICATIONS. We have zero tolerance for spam
and unsolicited communications. Any communications sent or authorized by you reasonably
deemed “spamming,” or any other unsolicited solicitations (including without limitation postings
on social media or third-party blogs) will be deemed a material threat to MasterMind’s reputation
and to the rights of third parties. It is your obligation, exclusively, to ensure that all business
communications comply with state and local anti-spamming or analogous laws.
- D. OFFENSIVE COMMUNICATIONS. Any communication sent, posted, or authorized by you,
including without limitation postings on any website operated by you, or social media or blog, which
are: sexually explicit, obscene, vulgar, or pornographic; offensive, profane, hateful, threatening,
harmful, defamatory, libelous, harassing, or discriminatory; graphically violent; or solicitous of
E. SENSITIVE INFORMATION. You will not import, or incorporate into, any contact lists or other
content you upload to any website, software, or other electronic service hosted, provided by or
connected to MasterMind, any of the following information: social security numbers, national
insurance numbers, credit card data, passwords, security credentials, bank account numbers, or
sensitive personal, health or financial information of any kind.
- F. ILLEGAL BUSINESS ACTIVITY. Any promotion of illegal business activity, including without
limitation multi-level marketing (except in compliance with the FTC’s Business Guidance
Concerning Multi-Level Marketing, www.ftc.gov/tips-advice/businesscenter/guidance/businessguidance-concerning-multi-level-marketing). In addition to the foregoing,
MasterMind requires you to follow these best practices when sending electronic communications:
You further agree to conduct yourself and all of your businesses in full compliance of our Code of Ethics, and
with all applicable laws, whether through the use of MasterMind or otherwise.
SECTION 3 – Our Privacy Statement and Data Processing Addendum and Your
We respect your privacy and the use and protection of your non-public, personal information. Your submission
of personal information through the Website is governed by our Privacy Statement and, if you and/or your end
users are located in the European Union or United Kingdom, our Data Processing Addendum (“DPA”) as well.
Our Privacy Statement may be viewed here and our DPA may be viewed here. MasterMind reserves the right to
modify its Privacy Statement and DPA in its reasonable discretion from time-to-time. Our Privacy Statement
and DPA are incorporated into this Agreement by reference.
SECTION 4 – Information You Provide; Registration; Passwords
As a MasterMind user, you will be required to create an account with MasterMind. You warrant that the
information you provide us is truthful and accurate, and that you are not impersonating another person. You are
responsible for maintaining the confidentiality of any password you may use to access your MasterMind user
account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or
access to your user account, to any third party. You are fully responsible for all transactions with, and
information conveyed to you as MasterMind Subscriber/User, including technical information, pricing, business
strategy, and data bout other past or current MasterMind users or their customers.
SECTION 5 – Code of Ethics
MasterMind maintains a Code of Ethics for all of its users/Subscribers. This Code of Ethics ensures all users are
engaged in clear and accurate representations. The full conditions of the Code of Ethics are found here. Violating
MasterMind’s Code of Ethics, Terms of Service, Privacy Statement, or DMCA Policy may results in actions
against your account including, but not limited to, suspension of listings and/or termination of your subscriber
SECTION 6 – Order Placement and Acceptance
If you order a service or product, payment must be received by us before your order is accepted. We may require
additional information regarding your order if any required information was missing or inaccurate and may
cancel or limit an order any time after it has been placed. Your electronic order confirmation, or any form of
confirmation, does not signify our acceptance of your order. You must contact us immediately at
[email protected]. in order to modify or cancel your pending order. We cannot guarantee that we
will be able to amend your order in accordance with your instructions.
All items are subject to availability. We will notify you if any item is not available, the expected availability
date, and may offer you an alternative product or service. If the availability of any product or service is delayed
and you do not wish to substitute the product or service, upon your request, we will cancel your order and if
previously charged, your payment card will be fully refunded for that specific order. We reserve the right to
limit the sales of our products and services to any person, geographic region, or jurisdiction. We may exercise
this right on a case-by-case basis at our sole and exclusive discretion.
Your purchase order of products and other services is conditioned on you re-affirming your acceptance of this
All advertised prices are in, and all payments shall be in, U.S. Dollars.
SECTION 7 – Trial Offer, Automatic Enrollment and Payment, And
Where we offer you a free trial of MasterMind, such free trial will start immediately after your registration and
continue for the free trial offer period as indicated on the Website at the time you register. Free trial subscriptions
are only available to new subscribers of MasterMind and for the limited periods as set out on the Website.
Previous subscribers or those subscribers who have already benefited from a free trial subscription to
MasterMind do not qualify for a further free trial period.
MasterMind will email a reminder that your trial is ending at least 7 days prior to you being charged. If
you do not want to continue your subscription after your free trial comes to an end, you must contact us
at least 24 hours before your free trial period ends by contacting us at [email protected].
or by cancelling your free trial through your Account Dashboard, as detailed here. If you do not contact
us at least 24 hours before your free trial period ends to cancel, your subscription will automatically
continue and the payment card that you provided at the time of enrollment online will be charged the
full MasterMind monthly membership subscription rate provided at the time of enrollment each month
until you cancel. MasterMind can change the monthly membership subscription rate at any time. If the
membership subscription rate changes after you subscribe, we will notify you by email and give you an
opportunity to cancel.
If you wish to cancel your MasterMind subscription (including subscriptions for services) at any time after a free
trial or discounted period ends, you must contact us at [email protected]. or through your Account
Dashboard, as detailed here. For monthly subscriptions (including subscriptions for services), we require at least
ten (10) days’ notice of cancellation through your Account Dashboard, here, or by email at
[email protected]. If you provide such notice less than ten (10) days before the first day of your
next subscription month, your credit card may still be charged. You will not be entitled to prorate your last
month’s use, nor will you be entitled to any refund for any payments to MasterMind. MasterMind in its sole
discretion may charge a cancellation fee equal to the amount the subscription was discounted.
SECTION 8 – Subscription Terms and Automatic Payments
A MasterMind user is responsible for paying all sums due to MasterMind in connection with their monthly
subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when
the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends
and you have not canceled the automatic subscription with us. Every calendar month, your account will be
charged the subscription fee plus applicable tax for the following month’s subscription, together with any other
fees for the following month’s subscription plus any accumulated charges for the past period (collectively,
Failure by the MasterMind user to use any of the services available through the service provided by MasterMind
does not relieve the MasterMind user of their payment obligations under these Terms. Potential users can pay by
credit card or debit card. Payment details shall be collected by us through our secure financial data collection
mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four
digits and the expiration date of the card used to purchase the products or services together with details on when
payment is due.
You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment
terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms)
and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a
monthly basis and for a specific amount).
IF YOU WISH TO CANCEL YOUR MASTERMIND SUBSCRIPTION (INCLUDING SUBSCRIPTIONS
FOR SERVICES) AT ANY TIME AFTER A FREE TRIAL OR DISCOUNTED PERIOD ENDS, YOU
MUST SUBMIT A CANCELLATION REQUEST TO US VIA OUR SUPPORT EMAIL ADDRESS
[email protected]. OR THROUGH YOUR ACCOUNT DASHBOARD, AS
DETAILED HERE. FOR MONTHLY SUBSCRIPTIONS (INCLUDING SUBSCRIPTIONS FOR
SERVICES), WE REQUIRE AT LEAST TEN (10) DAYS’ NOTICE OF CANCELLATION BY EMAIL. IF
YOU PROVIDE SUCH NOTICE LESS THAN TEN (10) DAYS BEFORE THE FIRST DAY OF YOUR NEXT
MasterMind reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole
or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses
the user from any obligation to pay outstanding charges or expenses. In the event MasterMind starts collection
processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided
in Section 18 below. In addition to any Fees, MasterMind may also charge applicable value added or other tax.
To find out more information about becoming a MasterMind Host and selling in our marketplace, as well
as terms that apply please click here. For avoidance of doubt, all Sections of these Terms apply to you in
your role as a user and as a Host, unless expressly provided otherwise.
SECTION 9 – Shipping Fees
Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the
right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use
commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly
completed and verified order. Accurate shipping address and phone number information is required. Although
we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to
change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your
order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund
the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in
shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us.
The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.
SECTION 10 – Products, Services, and Prices Available on the Website
Products, services, and prices are generally posted at the following URL, but are subject to change:
www.MasterMind.com. At Times, MasterMind may also offer services, such as its Two Comma Club Coaching
program (“Two Comma Club”), which will be described when offered but nonetheless governed by this
Agreement and these Terms. MasterMind reserves the right, without notice, to discontinue products or services
or modify specifications and prices on products and services without incurring any obligation to you. Except as
otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s)
or services will take effect following email notice to you.
Price changes are effective on the first day of the month after the price change is posted. By accessing, using,
subscribing or placing an order over the Website, you authorize MasterMind to charge your account in the
amount indicated for the value of the services you select, including any future price changes. If you request a
downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day
of the month following your requested downgrade. By your continued use of MasterMind services, and unless
you terminate your subscription as provided herein, you agree that MasterMind may charge your credit card
monthly for the products and services you have selected, and you consent to any price changes for such services
after e-mail notice has been provided to you.
MasterMind takes reasonable steps in an effort to ensure that the prices set forth on the Website are correct, and
to accurately describe and display the items available on the Website. If the correct price of our product is higher
than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify
you of such cancellation.
When ordering products or services, please note that MasterMind does not warrant that product or service
descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that
you receive. All sales are deemed final except as provided otherwise. MasterMind’s descriptions of, or
references to, products or services not owned by MasterMind are not intended to imply endorsement of that
product or service or constitute a warranty by MasterMind.
SECTION 11 – Disclaimer – Your Business’ Individual Results Will Vary
Every online business is different, employing different strategic approaches and organizational structures, and
offering different products and services. Therefore, individual results will vary from user to user. YOUR
BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS
UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS
MODEL, AND PRODUCT AND SERVICE OFFERINGS.
MasterMind does not promise, guarantee, or warrant your business’ success, income, or sales. You
understand and acknowledge that MasterMind will not at any time provide sales leads or referrals to you
or your business. Those businesses who purchase our products or services will receive access to software
and tools to create Internet sales funnels and otherwise assist with their respective online offerings.
However, we do not guarantee your business’ success and based upon many market factors that we cannot
control, the software and tools we provide may or may not be applicable to your specific business.
Further, we do not make earnings claims, efforts claims return on investment claims, or claims that our
software, tools, or other offerings will make your business any specific amount of money, and it is possible
that you will not earn your investment back. We do not sell a business opportunity, “get rich quick”
program, guaranteed system, franchise system, or a business in a box. You should not purchase our
products or services if that is your expectation.
Instead, you should purchase with the understanding that using the information and software purchased
will take time and effort and may be applicable in some situations but not others. Also, we do not offer
any tax, accounting, financial, or legal advice. You should consult your business’ accountant, attorney, or
financial advisor for advice on these topics.
SECTION 12 – Your Responsibilities in Running Your Business
You represent and warrant that you operate a business in good-standing and you agree that there are no prior or
pending government investigations or prosecutions against you or your business. You also agree that you and
your business will only use MasterMind’s products and services for lawful purposes and that you shall not use
such products or services, whether alone or in connection with other software, hardware, or services, for any
unlawful or harmful purpose.
You are solely and exclusively responsible for complying with any and all applicable laws and regulations in
running your business, including, but not limited to, all laws governing advertising and marketing claims,
subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business.
You agree to notify MasterMind if any investigation or lawsuit is threatened or filed against you, whereupon
MasterMind shall have the right to terminate this Agreement without liability. MasterMind shall have no liability
for your violation of any laws.
You are solely and exclusively responsible for collecting and reporting any and all sales and use tax, and
any other taxes, which may apply to sales of products or services by your business.
MasterMind shall not be responsible to collect or report any taxes which may apply to your business or sales of
products or services by your business. You agree to indemnify MasterMind as set out in Section 19 below in
the event that you and/or your business violates any law and a claim is threatened or asserted against MasterMind
as a result.
SECTION 13 Testimonials, Reviews, and Pictures/Videos
MasterMind is pleased to hear from users and customers and welcomes your comments regarding our services
and products. MasterMind may use testimonials and/or product reviews in whole or in part together with the
name, city, and state of the person submitting it. Testimonials may be used for any form of activity relating to
MasterMind’s services or products, in printed and online media, as MasterMind determines in its sole and
exclusive discretion. Testimonials represent the unique experience of the participants and customers submitting
the testimonial, and do not necessarily reflect the experience that you and your business may have using our
services or products. As set forth above in Section 11, your business’ results will vary depending upon a variety
of factors unique to your business and market forces beyond MasterMind’s control. Note that testimonials,
photographs, and other information that you provide to us will be treated as non-confidential and nonproprietary,
and, by providing them, you grant MasterMind a royalty-free, worldwide, perpetual, nonexclusive and
irrevocable license to use them.
Additionally, MasterMind reserves the right to correct grammatical and typing errors, to shorten testimonials
prior to publication or use, and to review all testimonials prior to publication or use. MasterMind shall be under
no obligation to use any, or any part of, any testimonial or product review submitted.
You may post reviews, comments, photos, videos, and other content; send e-cards and other communications;
and submit suggestions, ideas, comments, questions, or other information, so long as the content is not illegal,
obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights (including
publicity rights), or otherwise injurious to third parties or objectionable, and does not consist of or contain
software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of
“spam” or unsolicited commercial electronic messages. You may not use a false e-mail address, impersonate any
person or entity, or otherwise mislead as to the origin of a card or other content. MasterMind reserves the right
(but not the obligation) to remove or edit such content but does not regularly review posted content.
If you do post content or submit material, and unless we indicate otherwise, you grant MasterMind a
nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, reproduce, modify, adapt,
publish, perform, translate, create derivative works from, distribute, and display such content throughout the
world in any media. You grant MasterMind and sublicensees the right to use the name that you submit in
connection with such content, if they choose. You represent and warrant that you own or otherwise control all
of the rights to the content that you post; that the content is accurate; that use of the content you supply does not
violate this policy and will not cause injury to any person or entity; and that you will indemnify MasterMind for
all claims resulting from content you supply. MasterMind has the right but not the obligation to monitor and edit
or remove any activity or content. MasterMind takes no responsibility and assumes no liability for any content
posted by you or any third party.
SECTION 14 – Compliance with the Laws, Including Commitment Against
Harassment and Interference with Others (“Targeting”)
As a MasterMind user, whether or not you display the MasterMind’s Badge, you must comply with all laws,
both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and
marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing
laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade
Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal
Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar
laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or
import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules,
regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any
recipient to whom you send digital messages using our products or services. You have the responsibility to be
aware of, understand, and comply with all applicable laws and ensure that you and all users of your account
comply with such applicable laws at all times.
If you use any messaging software, or any other messaging system or other software or hardware provided by
you or a third-party, you agree that you will follow all applicable laws with respect to sending messages,
including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify
and defend MasterMind from any claims, damages, losses, and lawsuits of any kind or nature that may be made
or brought against MasterMind relating in any way to your violation of law or third-party rights by use or misuse
of any messaging software or hardware, whether or not provided by MasterMind. You further understand and
agree that MasterMind has no control over, and therefore cannot be responsible for, the functionality or failures
of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser
notifications. MasterMind DOES NOT WARRANT THAT ANY MASTERMIND MESSAGING SOFTWARE
WILL BE COMPATIBLE WITH ANY THIRD-PARTY SOFTWARE. YOU ARE SOLELY AND
EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE
COMMITMENT AGAINST TARGETING AND HARASSMENT AND INTERFERENCE WITH OTHERS.
You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store,
distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or
may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit,
promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious,
libelous, offensive, infringing, harassing, harmful, disruptive, or abusive.
SECTION 15 – Disclaimers of Other Warranties
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW:
THE WEBSITE AND ALL CONTENT ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” BASIS
WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF TITLE OR IMPLIED WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE. WE MAKE NO, AND EXPRESSLY DISCLAIM ANY AND
ALL, REPRESENTATIONS AND WARRANTIES AS TO THE RELIABILITY, TIMELINESS, QUALITY,
SUITABILITY, AVAILABILITY, ACCURACY, AND/OR COMPLETENESS OF ANY INFORMATION ON
THIS WEBSITE. WE DO NOT REPRESENT OR WARRANT, AND EXPRESSLY DISCLAIM THAT: (A)
THE USE OF THE WEBSITE OR ANY SOFTWARE WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR-FREE, OR OPERATE IN COMBINATION WITH ANY OTHER
HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE WEBSITE, SOFTWARE, OR SERVICES
WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE
ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, SOFTWARE,
INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE
WEBSITE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS IN
THE WEBSITE WILL BE CORRECTED, OR (F) THE WEBSITE OR THE SERVER(S) THAT MAKE THE
WEBSITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ALL
CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED,
STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY
OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NONINFRINGEMENT OF
THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY
SECTION 16 Limitations of Liabilities
EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL
MASTERMIND OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES,
INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE
LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE,
OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED
TO THIS AGREEMENT, THE PRIVACY STATEMENT, THE SERVICES OR PRODUCTS, YOUR OR A
THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR
PRODUCT, REGARDLESS OF WHETHER MASTERMIND HAS HAD NOTICE OF THE POSSIBILITY
OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY
LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF
PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL,
INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES
REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY
THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING
NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.
IN NO EVENT SHALL MASTERMIND’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE
AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO MASTERMIND FOR THE MONTH
PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST MASTERMIND
OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.
SECTION 17 – Dispute Resolution by Mandatory Binding Arbitration and Class
PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR
BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS
AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE
RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU
ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A
TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT
TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY
NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN
INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER
IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT
THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE
PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.
THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION
AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS
THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY
RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.
If you have a complaint, dispute, or controversy, you agree to first contact us at [email protected].
to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to
the use of the Website, any product, service, or software, these Terms, the Privacy Statement, any affiliate
agreement, or your relationship with us that cannot be resolved through such informal process or through
negotiation within 120 days shall be resolved by binding, confidential arbitration administered by the American
Arbitration Association (“AAA”), and judgment on the award rendered may be entered in any court having
jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to
this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by
a single neutral arbitrator in the English language in Maricopa County, Arizona, unless we both agree to conduct
the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties
or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted
in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the
time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling
1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the
interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and
Sale, the Privacy Statement, this arbitration provision, and any other terms incorporated by reference into these
Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine
whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether
this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory
to this agreement can enforce this provision against you or MasterMind.
Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other
respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to,
those for any attorneys, experts, documents, and witnesses.
The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws
principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal
under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the
arbitrator may be entered in any court of competent jurisdiction.
You and MasterMind agree that disputes will only be arbitrated on an individual basis and shall not be
consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that
involve any claim or controversy of any other party. You and MasterMind expressly waive any right to pursue
any class or other representative action against each other.
Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not
constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims
except that all claims must be brought within 1 year after the claim arises (the 1 year period includes the 120day
informal resolution procedures described above).
This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential
arbitration and is governed by and enforceable under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended.
This provision survives termination of your account or relationship with MasterMind, bankruptcy, assignment,
or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to
proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void
and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed
unenforceable, the remaining portions of this arbitration provision shall remain in full force and effect.
YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE
THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE
PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE
TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND
CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.
SECTION 18 MasterMind’s Additional Remedies
In order to prevent or limit irreparable injury to MasterMind, in the event of any breach or threatened breach by
you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual
property of MasterMind or a third-party, MasterMind shall be entitled to seek a temporary restraining order and
preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in
Maricopa County, Arizona restraining such breach, threatened breach, infringement, or threatened infringement.
Nothing in this Agreement shall be construed as prohibiting MasterMind from pursuing in court any other
remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including
the recovery of monetary damages from you and your business. You and your business hereby irrevocably
consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Maricopa County, Arizona
for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.
SECTION 19 – Indemnification
To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless MasterMind, its
directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers,
affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities,
damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of
any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related
to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit
or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference,
the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation
of any law or the rights of a third-party.
SECTION 20 – Notice and Takedown Procedures; Digital Millennium Copyright
If you believe that materials or content available on the Website infringes any copyright you own, you or your
agent may send MasterMind a notice requesting that MasterMind remove the materials or content from the
Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may
send MasterMind a counter-notice. Notices and counter-notices should be sent to MasterMind, Attention Legal
Department, 2225 N. Scottdale Road, Scottsdale, AZ 85287, or by e-mail to [email protected].
These Terms fully incorporate by reference the DMCA Policy.
SECTION 21 – THIRD-PARTY LINKS
The Website may contain links to other websites. The views, information or opinions expressed on or during any
MasterMind or otherwise publicized on our online and mobile resources are solely those of the creating authors
or contributors and not those of MasterMind Consulting, LLC or either of its parent companies. Further,
MasterMind Consulting, LLC is not responsible for and does not verify the accuracy of any of the information
contained in any MasterMind or content. The primary purpose of these resources is to educate, inspire and
inform. Some authors’ or contributors’ content may discuss strategies and methods for earning income in
business, and you should feel free to reach out to those authors or contributors about their proof that such
strategies and methods work. MasterMind assumes no responsibility for the content or functionality of any
nonMasterMind website to which we provide a link. Please see our Privacy Statement for more details.
SECTION 22 Termination
This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT
NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I
AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for
information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment,
and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we
suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether
in connection with your use of MasterMind or otherwise, we may terminate the Agreement or suspend your
access to the Website at any time without notice to you. Sections 11, 19, 21 through 31 of this Agreement, as
well as any representations, warranties, and other obligations made or undertaken by you, shall survive the
termination of this Agreement and/or your account or relationship with MasterMind. Upon termination, you
remain responsible for any outstanding payments to MasterMind.
SECTION 23 – No Waiver
No failure or delay on the part of MasterMind in exercising any right, power or remedy under this Agreement
may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude
any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or
remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective
if in writing and signed by MasterMind.
SECTION 24 – Governing Law and Venue
This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to
or use of the Website, our Privacy Statement or any matter concerning MasterMind, including your purchase
and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Arizona
without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator
or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 17 above,
the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal
courts located in Maricopa County, Arizona, and you hereby irrevocably consent to the exclusive personal
jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive
jurisdiction or venue. All such claims must be brought on an individual and non-class, nonrepresentative basis,
and you forever waive any right to bring such claims on a class wide or representative basis.
SECTION 25 – Force Majeure
MasterMind will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of
nature or other causes beyond our reasonable control.
SECTION 26 – Assignment
MasterMind may assign its rights under this Agreement at any time, without notice to you. Your rights arising
under this Agreement cannot be assigned without MasterMind’s (or its assigns’) express written consent.
SECTION 27 Electronic Signature
All information communicated on the Website is considered an electronic communication. When you
communicate with MasterMind through or on the Website or via other forms of electronic media, such as email,
you are communicating with the company electronically. You agree that we may communicate electronically
with you and that such communications, as well as notices, disclosures, agreements, and other communications
that we provide to you electronically, are equivalent to communications in writing and shall have the same force
and effect as if they were in writing and signed by the party sending the communication.
SECTION 28 – Changes To The Agreement
You can review the most current version of the Terms at any here. We reserve the right, at our sole discretion,
by posting updates and changes to our Website. It is your responsibility to check our Website periodically for
changes. Your continued use of or access to our Website following the posting of any changes to the Agreement
constitutes acceptance of those changes.
SECTION 29 – Your Additional Representations and Warranties
You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of
majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the
business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree
to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or
service that you order from the Website. You further represent that MasterMind has the right to rely upon all
information provided to MasterMind by you, and MasterMind may contact you and your business by email,
telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys,
and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.
You further represent and warrant that there are no prior or pending government investigations or inquiries of,
or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal
or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or
pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related
to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade
Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in
the world, or the subject of any lawsuit, you will notify MasterMind of the same within 24 hours. MasterMind,
at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified
pursuant to this paragraph or otherwise discovered by MasterMind without incurring any obligation or liability
SECTION 30 – Severability
If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be
invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force
and effect and such provision may be modified or severed from this Agreement to the extent necessary to make
such provision enforceable and consistent with the remainder of the Agreement.
SECTION 31 Entire Agreement
These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the
Website constitutes the entire agreement and understanding between you and your business and MasterMind and
governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of
any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations,
communications, and proposals, whether oral or written, between you and MasterMind. We may also, in the
future, offer new services and/or features through the Website. Such new features and/or services shall also be
subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any
ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting
SECTION 32 – Contacting Us
We encourage our customers to contact us with questions or comments about our products and services. Please
feel free to do so by sending an e-mail to [email protected].
If you have any questions or inquiries concerning any of the Terms, you may contact MasterMind by email at
[email protected]. or by regular mail at 2225 N. Scottsdale Road, Scottsdale, Arizona 85287.
Notices to you may be made by posting a notice (or a link to a notice) here, by email, or by regular mail, at
SECTION 33 – Seller Refunds
MasterMind allows users to post information on its website for sale. These users are defined as “Sellers.”
MasterMind requires Sellers to provide individuals who buy their training and materials also known as “Buyers”
an unconditional thirty (30) day refund policy for any product purchased on https://learn.mastermind.com/.
This means Buyers may cancel their purchase at any time prior to the expiration of the 30-day period. After
such time all sales are final, unless seller agrees to extend the refund period. Seller’s extension of the refund
period, however, must be in writing. Refunds are given pursuant to the buyer’s original form of payment. I.e.,
if a Buyer has purchased using a credit card, the Seller, when possible, will refund the payment back to the same
card. In order to obtain a refund, you must:
1. Send the Seller a written request identifying your name, contact information, the date of purchase, and the
2. Send the request to Seller within thirty (30) days of your purchase; and
3. Relinquish any rights to access the Seller’s materials.
MasterMind is not responsible to provide your refund. Seller remains solely liable.
Copyright 2020 – MasterMind – All Rights Reserved