Terms of Use - My Modern Met Academy

Applicable as of February 2, 2022

The present Terms of Use (the “Terms of Use”, the “Terms” or the “ToU”) shall govern the access and usage of all websites, sites and platforms operated by My Modern Met Academy LLC. These Terms of Use shall further set forth the terms upon which My Modern Met Academy LLC shall offer and provide services to users by way of its websites, sites and platforms. For reference purposes, the websites, sites and platforms managed and operated by My Modern Met Academy LLC include, without limitation, mymodernmet.com, store.mymodernmet.com, podcast.mymodernmet.com, and academy-mymodernmet.thinkific.com (collectively referred to as the “Platform”). 

Background and Definitions: The Platform is hosted exclusively by Thinkific Labs Inc. By way of the Platform, My Modern Met Academy LLC offers online courses and services.

In these Terms of Use, My Modern Met Academy shall be referred to as “My Modern Met Academy” or “MMMA”. Any users or visitors of the Platform shall be collectively referred to as “Users” and individually referred to as a “User”. All online courses, content and other services offered on the Platform by MMMA shall be referred to as the “Services”.

Please note that these Terms of Use contain a mandatory individual arbitration provision, and a waiver of class actions and jury trials. As such, the usage of individual arbitration is preferred, as opposed to class actions and jury trials.

Application: Upon accessing, visiting or using the Platform in any way, including upon using any Service, Users shall be bound and governed by these Terms of Use, in their entirety. Any usage of the Platform by a User shall be construed as the User’s full acceptance of these Terms of Use and My Modern Met Academy’s Privacy Policy, as published and available for review on the Platform. If a User does not agree with these Terms of Use, even partially, the User should refrain from accessing, visiting or using the Platform.

Revisions to these Terms of Use: My Modern Met Academy may modify, amend, update or revise these Terms of Use at any time at its sole discretion. For this reason, My Modern Met Academy encourages Users to consult these ToU on a regular basis. The most recent version of these ToU shall be published on the Platform. For reference purposes, the Terms of Use shall specify the date of the latest update made thereto.

Any modifications or revisions to these Terms of Use shall be effective as of the date of publication of the revised Terms of Use on the Platform, unless otherwise specified. Any access and/or usage of the Platform following the publication of the revised Terms of Use shall constitute the User’s acceptance of the revised Terms of Use, and agreement to be bound by the revised Terms of Use.

Usage of the Services: To be eligible to use the Platform and benefit from the Services offered thereon, every User confirms as follows:

1. The User agrees to be bound by and subject to these Terms of Use, in full.
2. The User shall comply with all applicable international, national, state and local laws and rules.
3. The User has reached the minimum age requirements to use the Platform and possesses the capacity to use the Platform. If the User is a minor, the User may not use the Platform except while supervised and with the consent of its parent or legal guardian.
4. The User is not subject to any restrictions that would prevent the User from using the Platform.
5. The User has not been previously barred from using the Platform.

User Accounts: To access the Platform and benefit from the Services, Users shall be required to create a user account on the Platform. Every user account shall allow its account holder to gain access to Services and functionalities established and provided by My Modern Met Academy. If a User chooses to connect its user account to a third party site or service, MMMA may obtain information regarding the account used on the third party site and may collect the User’s log-in credentials.

In the creation of the user account, the User may be asked to provide personal information, such as the User’s name, payment information and email address. Users shall have the option of adjusting the settings in their user accounts to manage interactions with other Users and accesses granted to the Platform. 

To prevent unauthorized access, the user account shall be secured by a password. Users are encouraged to select strong passwords that are difficult to guess. Users shall be responsible for ensuring the password to their user accounts remain confidential and secret. In case of any security breach or compromised password, the User shall notify MMMA at the User’s earliest convenience by sending an email or submitting a notice on the Platform. My Modern Met Academy shall not be held liable for any damages or losses of any kind in connection with the unauthorized usage of a user account on the Platform.

Upon providing an email address on the Platform, Users acknowledge and agree that My Modern Met Academy may send them emails regarding these Terms of Use, the Platform, the Services and any matters contemplated under these Terms of Use. Users are required to provide their current and valid email address. As such, any emails sent by My Modern Met Academy to the email address provided by the User shall be deemed properly transmitted and effective. It is possible to opt out of receiving emails regarding updates, or improvements to the Platform by following the instructions contained in MMMA’s emails or by sending MMMA a notice to this effect.

Services Offered on the Platform: My Modern Met Academy reserves the right to limit, suspend, withdraw or otherwise change certain features and Services. My Modern Met Academy may also restrict access to parts or all of the Platform, on a permanent or temporary basis, without notice or liability. These ToU shall remain applicable and binding notwithstanding any changes to the Platform or the Services, even pursuant to the deactivation or deletion of the Platform.

Communications with Users: Users may communicate with one another and interact on or via the Platform. Every User shall be solely responsible for its communications with other Users. My Modern Met Academy shall be under no obligation to interfere in case of a dispute between Users, however, My Modern Met Academy may elect to monitor disputes between Users and attempt to help the involved Users resolve them. Notwithstanding the foregoing, My Modern Met Academy shall not be liable in case of disputes between Users on the Platform.

User Content: Subject to the limitations contained in these Terms of Use, Users shall be able to post and publish content on the Platform. Content posted or published by Users on the Platform shall be referred to as “User Content”. User Content may refer to comments, reviews, posts, links, audio and visual recordings and other postings. Users recognize that publishing User Content on the Platform shall not constitute a registered copyright or right to exclusivity.

Every User shall be solely responsible for any User Content posted by such User on the Platform. Users are responsible for publishing User Content that constitutes their own intellectual property. If the User Content is not their property, Users must have obtained all the required consents and permissions prior to posting. Prior to publishing any User Content, Users shall take reasonable precautions to ensure the User Content does not violate any third party rights or any intellectual property laws. Users may be personally liable if the User Content posted violates these Terms of Use or any third party intellectual property right. 

Every User grants My Modern Met Academy and its affiliates a nonexclusive, worldwide, perpetual, irrevocable, royalty-free and transferable license to publish, distribute, modify and commercialize User Content published by the User on the Platform, in any form or media, whether existing or later developed. Such license may not be revoked, and shall remain perpetual even if the User Content in question has been removed from the Platform. 

My Modern Met Academy reserves the right to edit, delete, or remove User Content for any reason. My Modern Met Academy shall not be under any obligation to monitor User Content or remove infringing User Content, however, My Modern Met Academy may elect to do so at its discretion.

Considering User Content is user-generated, My Modern Met Academy provides no guarantees as to the quality, accuracy, suitability and integrity of the User Content. My Modern Met Academy shall not be liable for any errors, issues or losses caused by User Content or reliance upon User Content published on the Platform. 

Prohibited Conduct: Users are responsible for their actions and omissions relating to the usage of the Platform and the Services. Users are therefore prohibited from engaging in the following conduct: (1) Accessing the Platform using illicit or automated means, such as using a bot or a spider, (2) Sharing or disseminating spam, unsolicited material or bulk communications, such as unsolicited ads, (3) Reproducing, copying and distributing the Services, in full or in part, by scraping, (4) Using the Platform to violate or infringe any applicable law, regulation or policy, (5) Transmitting a virus, harmful component or script on or via the Platform, (6) Damaging, destroying, disabling or otherwise impairing the Platform or any portion thereof, (7) Hacking, decompiling disassembling, or reverse engineering the Platform or any portion thereof, (8) Using, transmitting, reproducing, or otherwise sharing trademarks, patented materials, logos or other intellectual property published on the Platform without the required consents and approval, (9) Interfering or attempting to interfere with the Platform and the Services, (10) Collecting personal information about Users of the Platform, without justification and without the required valid and lawful consent, or (11) Using the Platform for any unlawful or illegal purpose.

In case of any violation or breach of the conditions and obligations set forth herein, the infringing User may incur liability of a criminal or civil nature.

Streaming Services: The Services and any content on the Platform shall be available exclusively for streaming and live viewing. The Services and any content on the Platform may not be downloaded or uploaded to a User’s device. As such, all Services and content are available for real-time viewing, and may not be reproduced or distributed.

Promotions: My Modern Met Academy may offer, sponsor or otherwise promote contests, giveaways, games and sweepstakes (each, a “Promotion”) on the Platform. My Modern Met Academy reserves the right to establish a distinct set of rules for each Promotion, use its standard promotion rules, or refer to a combination of both. Each Promotion shall be subject to the rules dictated by My Modern Met Academy. In the event of a contradiction between the specific rules and these Terms of Use, the specific rules shall prevail with respect to the Promotion.

Copyright Policy: In accordance with the Digital Millennium Copyright Act, Users should report any copyright violations on the Platform to My Modern Met Academy. If a User believes its intellectual property or a trademark is used on the Platform without right, the User shall submit a written notice to MMMA by email ([email protected]). 

The notice shall include the following information: (1) a link to the intellectual property or trademark subject to the User’s notice; (2) the User’s contact information; (3) if the User is sending the notice on behalf of a third party, a written confirmation that the User is authorized to act on behalf of the intellectual property or trademark owner; (4) confirmation that the notice was prepared in good faith; and (5) the User’s manual or electronic signature as well as the date of the signature. If the notice is founded, My Modern Met Academy shall remove or delete the infringing intellectual property or trademark from the Platform. 

Licenses and Intellectual Property: My Modern Met Academy’s trademarks, marks, intellectual property and logos may not be reproduced or shared without My Modern Met Academy’s explicit prior written consent. Unless otherwise indicated or unless belonging to a third party licensor, all intellectual property directly relating to MMMA or contained on the Platform, such as content, images, videos and courses, constitutes My Modern Met Academy’s sole property and for the avoidance of doubt, My Modern Met Academy’s is the exclusive owner of such intellectual property throughout the world, without limitations of time or space. 

My Modern Met Academy’s trademarks and logos are protected by intellectual property and copyright laws. Users may not use MMMA’s trademarks and logos for any purpose other than to benefit from the Services offered on the Platform in accordance with these Terms of Use. Users are strictly prohibited from copying, selling, leasing, editing or otherwise using My Modern Met Academy’s intellectual property, trademarks and logos for business purposes or any purpose not expressly authorized under these Terms.

In consideration of the above, My Modern Met Academy hereby grants the User a non-exclusive, non-transferable and non-sublicensable license to use, access and benefit from the Platform and its Services for personal use only, the whole in accordance with the terms set forth herein. My Modern Me Academy reserves the right to terminate this license at any time, at its discretion.

Purchases and Pricing: A variety of services, online courses and other periodic services may be subject to the payment of a fee and available for purchase on the Platform. To purchase any such services, Users must have reached the age of majority in their country of residence. If a minor User wishes to make a purchase on the Platform, the minor shall obtain its parent or legal guardian’s approval prior thereto. 

Unless otherwise indicated, all prices listed on the Platform are in United States currency, and are exclusive of any federal, state or local taxes. Shipping and handling fees shall be invoiced separately and shall be identified prior to the processing of a User’s order placed on the Platform.

While My Modern Met Academy employs diligence when uploading information on the Platform, it is possible for information with respect to descriptions, promotional offers, pricing and charges published on the Platform to be incomplete, erroneous or inaccurate. My Modern Met Academy shall correct any errors once these are brought to its attention. My Modern Met Academy reserves the right to cancel an order based, in full or in part, upon erroneous information, without notice or compensation. If the pricing listed on the Platform is incorrect, as subsequently confirmed by MMMA, My Modern Met Academy shall be under no obligation to honor such pricing. The correct pricing, as confirmed by My Modern Met Academy, shall be applicable to orders, even if such pricing differs from the pricing listed on the Platform. Considering the risk of error and incomplete information, any usage or reliance upon information listed on the Platform shall be at User’s sole risk. 

My Modern Met Academy may offer products for sale on the Platform or in connection with the Services (the “Products”). Users may purchase a specific product on the Platform or a subscription to the Services on the Platform. My Modern Met Academy shall not be liable for any damages, losses, injuries, complications, property damage or harm resulting from any User’s use of the Products purchased or used. All Products shall be used according to the manufacturer’s instructions and user manual, if applicable. Users acknowledge that such Products may be dangerous if used improperly or not for their intended usage. 

Users may pay for such Products or subscription using any recognized payment method accepted by My Modern Met Academy, which may include online transfers and payments by credit card. All payments made on the Platform shall be processed by a third party payment processing company. Considering payments are handled by a secure third party payment processing company, Users agree that My Modern Met Academy shall not be held liable for security or privacy breaches involving payment information, such as a credit card or debit card. Every User further agrees that it shall be solely responsible, to My Modern Met Academy’s exclusion, for the payment of all charges, fees and interest incurred in connection with the User’s credit card, debit card, or other payment information. 

Refunds, returns and credits, if applicable, shall be handled according to My Modern Met Academy’s Refund Policy.

Disclaimers: My Modern Met Academy’s Services shall not be construed as individual and personalized advice. The Services, unless otherwise indicated, shall be impersonal and are offered and provided solely for educational, information and reference purposes. 

Neither the Services nor any information provided on the Platform shall be construed as health, medical, legal, financial or other type of professional advice. Users are encouraged to consult with physicians, accountants and other professionals to obtain personalized advice and guidance. My Modern Met Academy aims to help its Users accomplish their creative goals, however, a User’s success shall depend, in a large part, on the User’s dedication, work ethic, and talent. Consequently, My Modern Met Academy is unable to warrant or guarantee that the Services shall produce any particular result with respect to the Users’ needs or expectations.

Privacy and Personal Information: To protect the privacy and security of User information, My Modern Met Academy has implemented strict safeguarding procedures. Such measures are described in MMMA’s Privacy Policy, as published on the Platform. By using the Platform, Users consent to the collection, handling, usage, storage and maintenance of their personal information by My Modern Met Academy in accordance with the terms of the Privacy Policy. Users further acknowledge that despite its best efforts and the security measures put in place, My Modern Met Academy cannot guarantee that personal information shall be fully protected from unwanted access or destruction at all times. 

Third Party Links: The Platform may provide links and references to websites, sources, advertising and applications operated by third parties. The links to such third party sites are given for reference and convenience. Such links are not intended to be governed by these Terms of Use. 

My Modern Met Academy shall not be responsible or liable for the functions, legality, accuracy or any other aspect of such third party websites, applications, resources or sites. The inclusion of any link to a third party site on the Platform does not constitute My Modern Met Academy‘s endorsement or any association with such third party. Consequently, Users agree to use such third party links, services and products at their own risk, acknnowledging that these shall not be bound by these Terms of Use. 

Indemnification: To the fullest extent permitted by law, the User agrees to indemnify and hold My Modern Met Academy, its subsidiries, agents, affiliates, directors, officers and employees harmless from and against all losses, damages, liabilities, fees, penalties, costs and expenses in connection with any claims, lawsuits, actions, investigations or suits arising out of (i) the User’s usage of the Platform or the Services, (ii) the User’s breach of any provision under these Terms of Use, (iii) the User’s violation of any applicable laws, orders or regulations, (iv) the User’s violation of any third party intellectual property right and/or (v) any User Content uploaded by the User. 

Such indemnification obligation shall not apply in case of MMMA’s negligence or reckless conduct.

Limited Warranties: The Platform and the Services are provided as is and as available. As such, each User agrees that its usage of the Platform and the Services shall be at the User’s sole risk. 

Governing Law: These Terms of Use, any claim under these Terms, the Services and/or any matters relating to the Platform shall be governed by and subject to the laws in force in the State of California, without regard to any conflict of law principles. Users agree that these Terms of Use and all matters arising out of these Terms of Use shall be interpreted according to the laws in effect in the State of California. These Terms expressly exclude the application of the United Nations Convention on Contracts for the International Sale of Goods. 

Users agree to submit to the jurisdiction of the competent courts located in San Bernardino County, California or the United States District Court for the Southern District of California, for injunctive or other relief, as applicable. 

Arbitration: In case of any dispute between a User and My Modern Met Academy, the User agrees to attempt to resolve the dispute informally by sending an email to [email protected]. Prior to undertaking any arbitration proceedings, the parties shall make reasonable efforts to resolve the dispute in an amicable manner. 

In the event that the dispute cannot be resolved amicably within sixty (60) days, the unresolved dispute shall then be submitted to binding arbitration. The arbitration proceedings administered in accordance with the standards set forth by the American Arbitration Association. The arbitration award shall be binding and may include arbitration costs, attorney fees and other costs. 

Nothing in this section shall prevent My Modern Met Academy from seeking relief before a court of competent jurisdiction to protect My Modern Met Academy’s interests. 

All Users waive their right to a jury trial in any litigation or arbitration proceedings commenced in connection with these Terms of Use, the Platform or the Services. Users acknowledge that the arbitration proceedings shall be individual and shall not consist of class arbitration, collective action, general action or other representative proceeding. All claims shall be brought in the User’s individual capacity, and not as part of a class action or consolidated as part of another party’s claim. These Terms shall effectively prevent Users from entering into any class action or consolidating claims with other Users.

Notices: My Modern Met Academy may send Users notices, correspondences and information regarding promotions, marketing and for business purposes. These communications, correspondences and notices may be provided by email or as notifications on the Platform. My Modern Met Academy shall determine the form, means of communication and frequency of such communications at its sole discretion. 

Users may have the option of opting out of receiving certain notices and correspondences. 

Each User shall be responsible for ensuring the email address provided to MMMA is valid and current. MMMA shall not be responsible for any unreceived communications or correspondence due to automatic filters set up for Users’ email.

General Provisions: The present Terms of Use, including any policy and document referenced herein, constitute the entire agreement between MMMA and the Users with respect to the Platform and the Services. The latest version of these Terms of Use shall supersede all prior agreements between MMMA and the Users regarding the subject matter hereof.

If any provision, term or section in these Terms of Use is held to be unenforceable, the provision, term or section shall be severed from these Terms, and shall not affect the enforceability of the remaining provisions in these Terms. 

If My Modern Met Academy does not insist upon the performance of any obligation specified in these Terms and Conditions, this shall not operate as a waiver of MMMA’s rights nor shall it relieve the User of its obligations under these Terms of Use. 

Contact: My Modern Met Academy invites Users to email questions, feedback and comments regarding the Platform or these Terms of Use to [email protected].