THIS AGREEMENT WAS LAST UPDATED ON FEBRUARY 4th, 2016.
IMPORTANT — PLEASE SCROLL DOWN AND READ THE TERMS AND CONDITIONS BELOW. This Agreement governs your use of the online Maui Community, mauimastermind.com, and any of its affiliated websites (“MAUI WEBSITES”) and is a legal agreement between you and Maui Millionaires, LLC (hereinafter “Maui”). BY USING MAUI WEBSITES (used as a proper noun), YOU AGREE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT AND AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
LIMITATIONS ON USE
You agree not to sell, publish, distribute, retransmit or otherwise provide access to the content received through the MAUI WEBSITES to anyone, including your fellow employees, without the express written permission of Maui. Said permission is at Maui’s sole discretion and may be revoked at any time with written notice. You may not reproduce, duplicate, copy, sell, resell or exploit any material for any commercial purpose. To request consent for this and other matters, please contact[email protected].
You agree not to use the Maui website for any unlawful purpose. We reserve the right to terminate or restrict your access to the MAUI WEBSITES if, in our opinion, your use of the MAUI WEBSITES may violate any laws, infringe upon another person’s rights or violate the terms of this Agreement. Also, we may refuse to grant you a user name that impersonates someone else, is protected by trademark or other proprietary right law, or is vulgar, unsuitable or otherwise offensive in our sole discretion.
CODE OF CONDUCT
You agree to abide by the following rules when visiting or using MAUI WEBSITES:
The following are prohibited:
- Solicitations to raise money or sell an investment of any kind
- Recruitment posts for any network marketing company
- Affiliate marketing posts of any kind
- Political posts (the site is NOT a place to talk politics)
- Inappropriate, degrading, harassing or offensive posts
MAUI TRADEMARK OR OTHER INTELLECTUAL PROPERTY
Without Maui’s express written prior permission, you agree not to display or use in any manner, any Maui trademarks or any other intellectual property including “Maui Mastermind®”, which is a registered trademark of Maui Mastermind (NV), LLC and is used with permission on MAUI WEBSITES.
Discussion Forum and Blog (Discussion Forum)
Maui is not responsible or liable for postings or comments made by third-party users. The comments and opinions expressed in the Discussion Forum represent the views solely of the participating users and not of Maui. We cannot confirm that those identifying themselves are the persons they claim to be. These comments/opinions are not reviewed or edited by Maui and in no way should such comments or opinions be construed to be the comments or opinions of Maui. Although Maui does not routinely review, edit, or approve comments or opinions, it reserves the right to remove specific comments and opinions in cases where the discussion forum is abused, or to edit them as it deems appropriate and at its sole discretion.
CONTRIBUTION OF USER CONTENT
You are solely responsible for all materials, whether publicly posted or privately transmitted, that you upload, post, e-mail, transmit, or otherwise make available on MAUI WEBSITES (“User Content”). You may submit User Content so long as the content is not illegal, obscene, threatening, defamatory, libelous, false light, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable. You hereby grant Maui a nonexclusive, royalty-free, perpetual, irrevocable, and fully assignable and transferable right to exploit User Content in Maui’s sole discretion throughout the world in any media. You represent and warrant that you own or otherwise control all of the rights to User Content; that User Content is accurate; and that the use of User Content does not violate this agreement and will not cause injury to any person or entity. You shall indemnify, defend, and hold harmless Maui, its affiliates, and their respective officers, directors and agents from and against any and all losses, liability, claims and demands relating to User Content or its use as contemplated hereby. Maui takes no responsibility and assumes no liability for any content submitted by you or any third party. You may be exposed to content that you find offensive, indecent, inaccurate, misleading, or otherwise objectionable, and you bear all risks associated with using that content. Maui reserves the right, but not the obligation, to monitor, edit, or remove any content that may, in its sole discretion, violate this Agreement or that is otherwise objectionable. You agree to indemnify, defend and hold harmless Maui, its affiliates, and their respective officers, directors and agents from and against any and all loss, liability, claims and demands made by any third party relating to your breach of this Agreement or your violation of any law or the rights of a third party.
THIRD PARTY WEB SITES, SERVICES AND SOFTWARE
We may link to, or promote web sites or services from other companies on the MAUI WEBSITES or offer you the ability to download software from other companies. You agree that we are not responsible for, and do not control, those web sites, services and software. You agree that Maui is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Maui shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
We may discontinue or change MAUI WEBSITES, or its availability to you, at any time within our sole discretion. We may also modify any of the terms and conditions contained in this Agreement, at any time and in our sole discretion, by either posting a change notice or a new agreement on the website or by giving you notice by e-mail or postal service. Modifications may include, for example, changes in the scope of available service. IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AGREEMENT. Your continued participation in the online community or continued use of MAUI WEBSITES following our posting of a change notice or new agreement on our site or by giving you other notice will constitute binding acceptance of the change.
Personal Non-Exclusive Revocable Nontransferable License
When you watch, listen, or download any of the content from this website or from your purchase of any online and/or digital programs (Content) from Maui Mastermind or any MAUI WEBSITES, you understand and agree that you are doing so pursuant to a personal non-exclusive revocable nontransferable license from us to do so.
The Content remains the sole and exclusive property of Maui Mastermind or the respective creator of that Content, which retain all rights thereto. You understand and agree that the Content may not be resold by you or otherwise distributed with or without consideration. You will not make the Content available to any third party. You may not reproduce or summarize any of the Content in any manner.
Any Content you purchased from Maui Mastermind (Purchased Content) was sold to you as a personal, non-exclusive, revocable, nontransferable license. This Purchased Content remains the sole and exclusive property of Maui Mastermind or the respective creator of that Purchased Content, which retain all rights thereto. You understand and agree that the Purchased Content may not be resold by you or otherwise distributed with or without consideration. You will not make the Purchased Content available to any third party.
If you later ask for and receive a refund on your purchase of that Purchased Content, you agree to destroy any of the Purchased Content cached on your computer or otherwise in your possession within 24 hours. Notwithstanding this provision, you agree to immediately destroy any Purchased Content in your possession upon material violation of the terms and conditions contained in this document, or upon request by us that you do so.
You understand and agree that your use of our MAUI WEBSITES is limited and non-exclusive as an individual nontransferable revocable licensee. We may, within our sole discretion, terminate your license to use our website, and access to our website, for any reason or no reason whatsoever, and without giving you notice.
DISCLAIMERS OF WARRANTIES
MAUI EXPRESSLY DISCLAIMS ALL WARRANTIES RELATED TO ANY USE OF THE MAUI WEBSITES, AND FURTHER MAUI EXPRESSLY DISCLAIMS ALL WARRANTIES THAT THE MAUI WEBSITES WILL MEET ANY REQUIREMENTS OR NEEDS YOU MAY HAVE, OR THAT THEY WILL OPERATE ERROR FREE. IN ADDITION, YOU AGREE THAT MAUI PROVIDES ACCESS TO THE MAUI WEBSITES “AS IS” AND ON AN “AS AVAILABLE” BASIS AND MAKES NO WARRANTY WITH REGARD TO THE SERVICES OR THE SUITABILITY OF THE SERVICES FOR YOUR NEEDS. WE SPECIFICALLY DISCLAIM ANY REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY REPRESENTATIONS OR WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
THE SERVICES AND CONTENT OF THE MAUI WEBSITES DO NOT PROVIDE INVESTMENT, FINANCIAL OR TAX ADVICE, AND SHOULD NOT BE USED TO MAKE ANY INVESTMENT DECISIONS. WE DO NOT ADVOCATE THE PURCHASE OR SALE OF ANY SECURITY OR INVESTMENT, NOR DO WE ENDORSE OR SPONSOR THE PRODUCTS, GOODS OR SERVICES OF ANY USER OF THE ONLINE COMMUNITY. YOU SHOULD ALWAYS SEEK THE ASSISTANCE OF A PROFESSIONAL FOR TAX, FINANCIAL AND INVESTMENT ADVICE.
MAUI MAKES NO EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF AN IMPLIED WARRANTY, SO THIS DISCLAIMER MAY NOT APPLY TO YOU AND YOU MAY HAVE OTHER LEGAL RIGHTS THAT VARY BY JURISDICTION. NO MAUI AGENT OR EMPLOYEE IS AUTHORIZED TO MAKE ANY MODIFICATIONS, EXTENSIONS, OR ADDITIONS TO THIS WARRANTY.
LIMITATION OF LIABILITY
UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY, TORT, CONTRACT, OR OTHERWISE, SHALL MAUI, IT’S SUBSIDIARIES, AFFILIATED ENTITIES, OFFICERS, EMPLOYEES, AGENTS, LICENSEES OR LICENSORS, OR ITS SUPPLIERS OR RESELLERS (EITHER JOINTLY OR SEVERALY) BE LIABLE TO YOU OR ANY OTHER PERSON, INCLUDING WITHOUT LIMITATION, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL DAMAGES OR OTHER LOSS OF ANY CHARACTER, RELATING TO THE MAUI WEBSITES OR CONTENT POSTED THEREIN, THIS AGREEMENT OR ACTIVITIES RELATING THERETO EVEN IF MAUI SHALL HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. THE LIMIT OF THE AGGREGATE LIABILITY OF MAUI FOR DIRECT DAMAGES SHALL NOT EXCEED THE SUBSCRIPTOIN FEES YOU PAID FOR MAUI’S “MAUI MASTERMIND® ONLINE” PROGRAM. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. IF ANY APPLICABLE AUTHORITY HOLDS ANY PORTION OF THIS SECTION TO BE UNENFORCEABLE, THEN MAUI’S LIABILITY WILL BE LIMITED TO THE FULLEST POSSIBLE EXTENT PERMITTED BY APPLICABLE LAW.
Please note that any information you post to a public discussion forum or chat room, such as the Discussion Forums, is available to all persons accessing that site. We have no way of preventing individuals or companies from contacting you if they’ve seen your information publicly posted.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created between any user and Maui by the Terms.
Except as explicitly stated otherwise, any notices to Maui regarding this Agreement shall be sent to Maui Millionaires, LLC; PO Box 1597, Jackson Hole, WY 83001. Any notice to a user shall be given to the name and address submitted at the time of registration.
This Agreement is the exclusive and entire agreement between you and Maui concerning your use of MAUI WEBSITES and supersedes any and all prior or contemporaneous oral or written agreements, representations, negotiations or other dealings between you and Maui regarding your use of MAUI WEBSITES. You agree that this Agreement, as well as any and all claims arising from this Agreement will be construed, interpreted and governed by the laws of the State of Nevada, USA, without regard to its conflict of law provisions. The sole and exclusive forum for principles and the sole jurisdiction and venue for any litigation arising out of this Agreement will be an appropriate federal or state court located in Nevada.
If any part of this Agreement is found to be void unenforceable or invalid, it shall not affect the other provisions of this Agreement. Our failure to enforce your strict performance of any provision of this Agreement will not constitute a waiver of our right to subsequently enforce such provision or any other provision of this Agreement nor will it be deemed a waiver of future enforcement of that or any other provision. This Agreement is personal to you, which means that you may not assign your rights or obligations, by operation of law or otherwise, under this Agreement to anyone and no third party is a beneficiary of your rights under this Agreement.