TERMS & CONDITIONS OF USE
*Last updated March 8, 2024
These are the terms and conditions (“Terms”) that govern the relationship between you, the user of this website (the “Site”), and Guy Five, LLC (doing business as Major League Mindset) (the “Company”) regarding your use of the Site. By visiting the Site, you accept and agree to abide by these Terms.
The Company reserves the right to update these Terms at any time. We will alert you about any changes by updating the "Last updated" date of these Terms.
1. Acceptance of Terms
By accessing or using the Site, you signify your agreement to be bound by these Terms and Conditions of Use. If you do not agree to these Terms, you are not authorized to use this Site. The Company may require you to provide consent to the updated Terms in a specified manner before further use of the Site is permitted. If you do not agree to any change(s) after receiving a notice of such change(s), you shall stop using the Site immediately. Your continued use of the Site constitutes your acceptance of such change(s) and agreement to be bound by the modified Terms.
2. Obligations and Conduct
As a condition of your access to and use of the Site, you agree to comply with all applicable laws and regulations when using the Site. You are responsible for all of your activity in connection with the Services and accessing the Site.
3. Intellectual Property Rights
Copyright. All content (including without limitation any pictures, logos, images and text) appearing on the Site is the property of the Company or its licensors or suppliers and is protected by copyright under the copyright laws of the United States and/or other countries. You agree not to use, display, reproduce, retransmit, modify, distribute, disseminate, sell, publish, create derivative works of, broadcast, circulate, display or in any way exploit any such content (including any copyrighted material, trademarks, or other proprietary information), in whole or in part, whether by e-mail or by any other means, for any purpose other than for your personal, non-commercial use as set forth herein.
Trademarks. Unless otherwise indicated, all names, graphics, designs, logos, page headers, button icons, scripts, commercial markings, trade dress, and service names included in the Site are trademarks of the Company or its licensors, sponsors or suppliers (collectively, the “Trademarks”) and are protected by the trademark laws of the United States and/or other countries. The Trademarks may not be used in any manner that is likely to cause confusion to, or in any manner that disparages or discredits, the Company.’
4. Payment and Refunds
Payment for services provided by the Company is subject to change and varies depending on the specific services or courses selected by the user. Prior to accessing any course materials or live sessions, users are required to complete payment in accordance with the prevailing fee structure at the time of registration.
Notwithstanding any provision in these Terms to the contrary, to be eligible for a refund, the user must have fully completed the 8-week course offered by the Company. Additionally, the user is required to demonstrate active participation in the HabitShare app throughout the duration of the course. Active participation is defined as regular engagement with the app's features, as determined at the sole discretion of the Company. To request a refund, the user must submit a formal request via email to BG@brandonguyer.com within 14 days of completing the course, providing evidence of course completion and active app participation. The Company reserves the right to verify the user's course completion and app activity before issuing a refund. This refund policy is in place to ensure that users are fully engaged and derive the maximum benefit from our offerings. All refund requests will be evaluated on a case-by-case basis, and the Company's decision shall be final.
Please note that all other fees are non-refundable, except as otherwise specifically provided in these Terms. The Company strives to provide clear communication regarding any changes to our payment policies and will ensure users are informed of any updates or modifications to these terms.
5. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, RESULTING FROM (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SITE; (II) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SITE; (III) ANY CONTENT OBTAINED FROM THE SITE; AND (IV) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE) OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
6. Indemnification
The User agrees to indemnify, defend, and hold harmless the Company its officers, directors, employees, agents, licensors, and suppliers from and against all losses, expenses, damages, and costs, including reasonable attorneys' fees, resulting from any violation of these Terms and Conditions of Use or any activity related to the User’s account (including negligent or wrongful conduct) by the User or any other person accessing the Site using the User’s Internet account. This indemnification obligation will survive the termination of these Terms and Conditions of Use and the User’s use of the Site.
7. Termination
Both the user and the Company have the right to terminate this agreement at any time. The user may terminate their agreement with the Company by ceasing to access the Site, while the Company may terminate the agreement with the user at its sole discretion for any reason, including but not limited to breaches of these Terms, upon providing notice to the user. Upon termination, the user must immediately cease all use of the Site and any content or materials obtained from the Site. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Modifications
The Company reserves the exclusive right to modify, alter, or otherwise update these Terms at any time and at its sole discretion. Changes to the Terms will be effective immediately upon posting on this Site. Your continued use of the Site after any such modifications signifies your unconditional agreement to follow and be bound by the Terms as modified. It is your responsibility to review these Terms regularly to keep informed of any changes.
9. Governing Law and Dispute Resolution
These Terms and Conditions of Use and any disputes arising out of or related to the services provided by the Site or by the Company shall be governed by and construed in accordance with the laws of the State of Maryland, without giving effect to its conflict of laws provisions. The parties consent to the exclusive jurisdiction of the courts located in the State of Maryland.
10. Severability
If any provision of these Terms, or the application thereof to any person or circumstance, is found to be invalid, void, or unenforceable for any reason by any court of competent jurisdiction, such invalidity, voidness, or unenforceability shall not affect the remaining provisions of these Terms, and such remaining provisions shall continue in full force and effect to the fullest extent possible.
11. Contact Information
For any questions, concerns, or comments regarding these Terms, or if you require support, please do not hesitate to contact us at BG@brandonguyer.com. We are committed to providing the highest level of support to our users and will make every effort to address your inquiries promptly and thoroughly.