Terms & Conditions

We truly love and appreciate our fans, clients and members and are happy to answer any questions you might have regarding our products, services or your experience with Team Momentum Leap. Please contact us if you have any questions or concerns, and we will get back to you as soon as we can. Our address is support@momentumleap.com

We have taken every effort to design our Web site to be useful, informative, helpful, and honest. Hopefully we’ve accomplished that — and as always we would ask that you let us know if you’d like to see improvements or changes that would make it even easier for you to find the information you need and want please contact us at support@momentumleap.com

All we ask is that you agree to abide by the following Terms and Conditions. Take a few minutes to look them over because by using our site you automatically agree to them. Unsurprisingly, if you don’t agree, quite simply, please do not use the site. We reserve the right to make any modifications that we deem necessary at any time. Please continue to check these terms to see what those changes may be! Your continued use of the Web site means that you accept those changes.

Happy Reading or You can Search the Document 😊

Terms & Conditions

Please Read These Terms Carefully Before Using this Service.

Momentum Leap, LLC is a product and services company specializing in downloadable digital products, physical products that are print on demand, and career services company, based out of Pennsylvania, United States. By visiting or buying products or services at www.momentumleap.com, www.innovateyourlife.today, www.marymichaeldesigns.com or using Momentum Leap, LLC  products and services, you agree to these terms and conditions and the general terms of use of our website. Your use of this website and any Momentum Leap, LLC  product or service is also subject to our privacy policy and any additional conditions specific to that product or service.

The Momentumleap.com website located at www.momentumleap.com  is a copyrighted work belonging to Momentum Leap, LLC . Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

NO DAMAGES

TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF THE COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS AND/OR SUPPLIERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, ATTORNEYS’ FEES, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY, INCLUDING, BUT NOT LIMITED TO, ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) WHATSOEVER THAT MAY ARISE OUT OF OR BE RELATED TO THE SITE, SERVICES, MATERIALS AND/OR APPLICATIONS AND/OR ANY RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.

LINKS TO THIRD PARTY SITES

The Site and/or other correspondence that contains links to third party sites that are not under the control of the Company is not responsible for any content on any linked site. If you access a third-party site from the Site or other Momentum Leap, LLC and Momentumleap.com correspondence, then you do so at your own risk. Company provides links only as a convenience and the inclusion of the link does not imply that Company endorses or accepts any responsibility for the content on those third-party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.

Links to Other Sites

We sometimes provide referrals to and links to other World Wide Web sites from our site. Such a link should not be seen as an endorsement, approval or agreement with any information or resources offered at sites you can access through our site. If in doubt, always check the Uniform Resource Locator (URL) address provided in your internet or WWW browser to see if you are still in a Momentum Leap, LLC or Innovateology.com-operated site or have moved to another site. Momentum Leap, LLC is not responsible for the content or practices of third party sites that may be linked to our site. When Momentum Leap, LLC provides links or references to other Web sites, no inference or assumption should be made and no representation should be inferred that is connected with, operates or controls these Web sites. Any approved link must not represent in any way, either explicitly or by implication, that you have received the endorsement, sponsorship or support of any site or endorsement, sponsorship or support of, including its respective employees, agents or directors.

LINKS FROM THIRD PARTY SITES

If a third-party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the Company. In most cases, the Company is not even aware that a third party has linked to the Site. A third party website that links to the Site: (a) may link to, but not replicate, the Company’s content, (b) may not create a browser, border environment or frame the Company’s content, (c) may not imply that the Company is endorsing it or its products or services, (d) may not misrepresent its relationship with the Company, (e) may not present false or misleading information about the Company’s Applications or Services, (f) should not include content that could be construed as distasteful, offensive or controversial, and (g) should contain only content that is appropriate for all age groups.

Cookies and Web Beacons.

Like any other website, Momentumleap.com uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Google DoubleClick DART Cookie.

Google is one of a third-party vendor on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

Our Advertising Partners.

Some of advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below.

Google https://policies.google.com/technologies/ads

COPYRIGHTS, TRADEMARKS, AND SERVICEMARKS

The Site and all information, documentation, and other content posted in or on the Site are copyright Momentum Leap, LLC . All rights reserved. Unless stated to the contrary, all Content is the property of Momentum Leap, LLC . By making this Content available on the Site, Momentum Leap, LLC is not waiving any proprietary rights (including copyrights or trademarks) in such Content, and is not transferring its rights to you or any third party. The Content is protected by U.S. and international copyright laws. The product and service names and logos on the Site, and the appearance of the Site, including icons and graphics are servicemarks/trademarks, registered servicemarks/trademarks and/or trade dress of Momentum Leap, LLC . Unauthorized use is prohibited.

You agree not to remove copyright, trademark, or other notices from any Content or Marks you may get from the Site. You cannot download or copy any content from the Site without the prior written consent of Momentum Leap, LLC except for your individual use. No right, title, or interest in any downloaded materials is transferred to you as a result of any such downloading or copying. You may not reproduce (except as noted above), publish, transmit, distribute, display, modify, create derivative works from, sell, or participate in any sale of, or exploit in any way, in whole or in part, any of the Content, Marks, the Site, or any related software.

Restrictions on Use of Our Online Materials

All Online Materials on the site, including, without limitation, text, software, names, logos, trademarks, service marks, trade names, images, photos, illustrations, audio clips, video clips, and music are copyrighted intellectual property. All usage rights are owned and controlled by.

You, the visitor, may download Online Materials for non-commercial, personal use only provided you:

 1) retain all copyright, trademark and propriety notices,

2) you make no modifications to the materials,

3) you do not use the materials in a manner that suggests an association with any of our products, services, events or brands, and

4) you do not download quantities of materials to a database, server, or personal computer for reuse for commercial purposes. You may not, however, copy, reproduce, republish, upload, post, transmit or distribute Online Materials in any way or for any other purpose unless you get our written permission first. Neither may you add, delete, distort or misrepresent any content on the site. Any attempts to modify any Online Material, or to defeat or circumvent our security features is prohibited.

Everything you download, any software, plus all files, all images incorporated in or generated by the software, and all data accompanying it, is considered licensed to you by or third-party licensors for your personal, non-commercial home use only. We do not transfer title of the software to you. That means that we retain full and complete title to the software and to all of the associated intellectual-property rights. You’re not allowed to redistribute or sell the material or to reverse-engineer, disassemble or otherwise convert it to any other form that people can use.

Submitting Your Online Material to Us

All remarks, suggestions, ideas, graphics, comments, or other information that you send to through our site (other than information we promise to protect under our privacy policy becomes and remains our property, even if this agreement is later terminated.

That means that we don’t have to treat any such submission as confidential. You can’t sue us for using ideas you submit. If we use them, or anything like them, we don’t have to pay you or anyone else for them. We will have the exclusive ownership of all present and future rights to submissions of any kind. We can use them for any purpose we deem appropriate to our mission, without compensating you or anyone else for them.

You acknowledge that you are responsible for any submission you make. This means that you (and not we) have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright.

Limitation of Liability with USE of our website

WILL NOT BE LIABLE FOR ANY DAMAGES OR INJURY THAT ACCOMPANY OR RESULT FROM YOUR USE OF ANY OF ITS SITE.

THESE INCLUDE (BUT ARE NOT LIMITED TO) DAMAGES OR INJURY CAUSED BY ANY:

• USE OF (OR INABILITY TO USE) THE SITE
• USE OF (OR INABILITY TO USE) ANY SITE TO WHICH YOU HYPERLINK FROM OUR SITE
• FAILURE OF OUR SITE TO PERFORM IN THE MANNER YOU EXPECTED OR DESIRED
• ERROR ON OUR SITE
• OMISSION ON OUR SITE
• INTERRUPTION OF AVAILABILITY OF OUR SITE
• DEFECT ON OUR SITE
• DELAY IN OPERATION OR TRANSMISSION OF OUR SITE
• COMPUTER VIRUS OR LINE FAILURE
• PLEASE NOTE THAT WE ARE NOT LIABLE FOR ANY DAMAGES, INCLUDING:
  • DAMAGES INTENDED TO COMPENSATE SOMEONE DIRECTLY FOR A LOSS OR INJURY
  • DAMAGES REASONABLY EXPECTED TO RESULT FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “CONSEQUENTIAL DAMAGES”.)
  • OTHER MISCELLANEOUS DAMAGES AND EXPENSES RESULTING DIRECTLY FROM A LOSS OR INJURY (KNOWN IN LEGAL TERMS AS “INCIDENTIAL DAMAGES.”)

WE ARE NOT LIABLE EVEN IF WE’VE BEEN NEGLIGENT OR IF OUR AUTHORIZED REPRESENTATIVE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR BOTH.

EXCEPTION: CERTAIN STATE LAWS MAY NOT ALLOW US TO LIMIT OR EXCLUDE LIABILITY FOR THESE “INCIDENTAL” OR “CONSEQUENTIAL” DAMAGES. IF YOU LIVE IN ONE OF THOSE STATES, THE ABOVE LIMITATION OBVIOUSLY WOULD NOT APPLY WHICH WOULD MEAN THAT YOU MIGHT HAVE THE RIGHT TO RECOVER THESE TYPES OF DAMAGES.

HOWEVER, IN ANY EVENT, OUR LIABILITY TO YOU FOR ALL LOSSES, DAMAGES, INJURIES, AND CLAIMS OF ANY AND EVERY KIND (WHETHER THE DAMAGES ARE CLAIMED UNDER THE TERMS OF A CONTRACT, OR CLAIMED TO BE CAUSED BY NEGLIGENCE OR OTHER WRONGFUL CONDUCT, OR THEY’RE CLAIMED UNDER ANY OTHER LEGAL THEORY) WILL NOT BE GREATER THAN THE AMOUNT YOU PAID IF ANYTHING TO ACCESS OUR SITE.

Email removal

To unsubscribe at any time, scroll to the foot of any email and click the appropriate link. If you have any questions or difficulties in unsubscribing, please contact us at support@momentumleap.com  

COMMUNICATIONS WITH US

Except as indicated in a secure area of the Site, any information or communication, including but not limited to remarks, suggestions, ideas, questions, or comments, transmitted to Momentum Leap, LLC via the Site or Internet electronic mail, is the exclusive property of Momentum Leap, LLC and is not confidential. MOMENTUM LEAP, LLC CANNOT GUARANTEE THE CONFIDENTIALITY OF TRANSMISSIONS OVER THE INTERNET (UNLESS OTHERWISE INDICATED), INCLUDING ANY TRANSMISSION OF PERSONAL INFORMATION BY YOU TO MOMENTUM LEAP, LLC . Unless otherwise stated, Momentum Leap, LLC is entitled to use any information or communication submitted for any purpose without restriction (including but not limited to reproduction, publication, disclosure, broadcast, posting, and compilation of such information or communication or developing products and services incorporating the same) or compensation to the person sending the submission. The person sending such submission acknowledges the originality of any submission communicated to Momentum Leap, LLC and accepts entire responsibility for its accuracy, appropriateness, and legality (including without limitation compliance with any federal or state intellectual property statutes, regulations, and common law rules).

It is our policy to respect the privacy of individuals who visit the Site. Our “Privacy Policy” is incorporated herein by reference. By accepting these Terms, you expressly consent to the use and disclosure of your personally identifiable and other information as described in the Privacy Policy.

You represent and warrant to Momentum Leap, LLC that nothing submitted by you to the Site shall contain any content which (i) is harassing, libelous, defamatory, abusive, threatening, harmful, vulgar, obscene, profane, sexually oriented, racially offensive, inaccurate, or otherwise objectionable, (ii) violates any law, rule, or regulation, (iii) infringes, misappropriates, or otherwise violates any copyright, trademark, or other intellectual property right, right of privacy, right of publicity, or any other right of any entity or person, (iv) encourages conduct that could constitute a criminal offense, give rise to civil liability, or otherwise violate any applicable local, state, national, or international law or regulation, (v) advertises or otherwise solicits funds or is a solicitation for goods or services or (vi) encourages the use of controlled substances. Momentum Leap, LLC reserves the right to delete any such material from the Site.

You agree not to impersonate any other person or entity, whether actual or fictitious, including impersonating an employee or consultant of Momentum Leap, LLC .

You acknowledge and agree that you may not upload, post, reproduce, or distribute any content on or through the Site that is protected by copyright or other proprietary right of a third party, without obtaining permission from the owner of such right. Any copyrighted or other proprietary content distributed with the consent of the owner must contain the appropriate copyright or other proprietary rights notice. The unauthorized submission or distribution of copyrighted or other proprietary content is illegal and could subject you to personal liability or criminal prosecution.’’

Account Creation. For you to use the Site, you have to start an account and provide information about yourself. You warrant that: (a) all required registration information you submit is truthful, up-to-date and accurate; (b) you will maintain the accuracy of such information. You may delete your Account at any time by following the instructions on the Site.  Company may suspend or terminate your Account in accordance with Section.

Account Responsibilities. You are responsible for maintaining the confidentiality of your Account login information and are fully responsible for all activities that occur under your Account. You approve to immediately notify the Company of any unauthorized use, or suspected unauthorized use of your Account.  Company cannot and will not be liable for any loss or damage arising from your failure to comply with the above requirements.

Access to the Site

Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Company reserves the right to change, suspend, or cease the Site with or without notice to you.  You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed. Company and its suppliers reserve all rights not granted in these Terms.

Account Registration.

By registering an account on this Site, you represent and warrant that all account information you submit is your own information and is truthful and accurate. You acknowledge and agree that we may immediately suspend or terminate your account and your access to this Site if we have any reason to believe that you have misrepresented or provided false account information to us. It is your responsibility to notify us of any change in your account information, including your contact information. As the account holder, you are responsible for safeguarding your account login information, and you should notify us immediately in the event your account login has been stolen, lost, or used by another without your permission. If you allow others to use your account, you are responsible for all their activities on your account.

In order to use the Service and access any Content, you need to (1) be 18 years or older, or be 13 years or older and have your parent or guardian’s consent to the Agreements, (2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and (3) reside in the United States. You also promise that any registration information that you submit to Momentum Leap, LLC is true, accurate, and complete, and you agree to keep it that way at all times.

MAKING PURCHASES.

Representations and Warranties. A valid credit card that is accepted by us (Visa, MasterCard, American Express, etc.) or a valid third-party payment account that is accepted by us (PayPal, Apple Pay, Google Pay, etc.), is required for making a purchase on this Site. By making a purchase on this Site, you represent and warrant that: (i) all billing and payment information you provide to Momentum Leap, LLC (www.momentumleap.com) is truthful and accurate; (ii) you are the holder (or an authorized user) of the credit card or PayPal account you use to pay for your order, and the account is active and has sufficient funds to cover the full transaction amount of your order (i.e., product price plus shipping/handling charges and applicable taxes); and (iii) you are purchasing products from Momentum Leap, LLC (www.momentumleap.com) for your own personal, family or household use or, if you are purchasing for a swim team, for your team’s own use only, and not for commercial resale.

Reservation of Rights. All orders submitted on this Site are subject to acceptance in Momentum Leap, LLC (www.momentumleap.com)’s sole discretion. Momentum Leap, LLC (www.momentumleap.com) reserves the right to refuse or cancel any order for any reason, including, without limitation: product unavailability; errors in product or pricing information; errors in billing or shipping information; and fraud prevention. In order to protect against fraud and unauthorized purchases, Momentum Leap, LLC (www.momentumleap.com) also reserves the right, prior to processing an order, to verify the account holder of the credit card or PayPal account used to place the order. Momentum Leap, LLC (www.momentumleap.com) will reject or cancel an order if the credit card or PayPal account used to place the order is declined for any reason.

Product Information. Product information and images displayed on this Site are for general informational purposes only, may contain errors, and are subject to change. Momentum Leap, LLC (www.momentumleap.com) makes no warranty (express or implied) that product information and images on this Site will be accurate in all respects. Also, depending on the screen quality and settings of your computer or mobile device, product color or finish you see on your computer or mobile device may differ from actual product color or finish, and Momentum Leap, LLC (www.momentumleap.com) makes no warranty (express or implied) that product color or finish you see on your computer or mobile device will accurately reflect actual product color or finish. If you have questions about a product you see on this Site, please contact our Customer Service by using the “Live Chat” feature provided on this Site, or by phone, or via email at support@momentumleap.com

Product Availability. Momentum Leap, LLC (www.momentumleap.com) does not guarantee the availability of any product displayed on this Site. Momentum Leap, LLC (www.momentumleap.com) reserves the right, without notice or liability to you, to change, discontinue or stop the offering of any product.

Prices. Prices advertised are subject to change without notice. The price charged for a product will be the price in effect at the time the order is placed and will be set out on the purchase receipt. Product prices do not include shipping/handling charges or applicable taxes. All prices and other charges are in U.S. Dollars, unless expressly otherwise stated. While Momentum Leap, LLC (www.momentumleap.com) makes reasonable efforts to display price information as accurately as possible, errors may occur. If Momentum Leap, LLC (www.momentumleap.com) discovers an error in the price of a product you have ordered, Momentum Leap, LLC (www.momentumleap.com) will notify you of the error as soon as possible and will give you the option of reconfirming your order at the correct price or cancelling your order. If Momentum Leap, LLC (www.momentumleap.com) is unable to get in contact with you within 24 hours, Momentum Leap, LLC (www.momentumleap.com) will treat your order as cancelled. If your order is canceled by Momentum Leap, LLC (www.momentumleap.com) due to a pricing error and you have already been charged for the product, you will receive a full refund. In no event will Momentum Leap, LLC (www.momentumleap.com) be obligated to sell you a product at the incorrect price.

Shipping. Shipping/handling charges depend on the shipping method you select at checkout, and will be added to your order total, and will be set out as a separate item in your shopping cart and on your purchase receipt. For U.S. domestic orders, shipping information is available at: https://support.Momentum Leap, LLC (www.momentumleap.com).com/hc/en-us/articles/201151960-us-shipping-options-and-information. For international orders, shipping information is available at: https://support.Momentum Leap, LLC (www.momentumleap.com).com/hc/en-us/articles/202964500-international-shipping.

Taxes. Depending on the shipping destination of your order, sales tax, value-added tax (VAT), customs duty, and/or other government-assessed charges (collectively “Taxes”) may apply to your order. By making a purchase on this Site, you agree to be solely responsible for paying all Taxes applicable to your purchase. Where required by law, applicable Taxes will be added to your order total at checkout and will be set out as a separate item in your shopping cart and on your purchase receipt.

Ordering. To place an order on this Site, simply add the desired product item(s) to your shopping cart and proceed to check out to complete and submit your order. You can complete and submit your order either as a guest or by creating an account on this Site. By placing an order, you expressly authorize Momentum Leap, LLC (www.momentumleap.com) to charge (through its payment processing vendor) the full transaction amount of your order (i.e., product price plus shipping/handling charges and applicable taxes) to the credit card or PayPal account specified by you. Upon successful processing of your order, Momentum Leap, LLC (www.momentumleap.com) will send you via email a printable receipt detailing your purchase. Please save your purchase receipt and you will need it if you wish to check your order status or cancel your order.

Order Cancellation. Until such time an order is shipped (i.e., before it is picked up by the shipping carrier from Momentum Leap, LLC (www.momentumleap.com)’s warehouse), you may cancel or modify it by contacting our Customer Service by phone or via email at support@momentumleap.com 24/7 Monday- Sunday (excluding public holidays). Once an order has been shipped, it CANNOT be cancelled or modified. In such case, if you no longer want the product, you should wait for the package to arrive and then return the package in accordance with Momentum Leap, LLC (www.momentumleap.com)’s return policy (see Section 4.10 below).

Returns. No returns or refunds are available for the products. All sales are final.

Other conditions and restrictions apply. For details, please view Momentum Leap, LLC (www.momentumleap.com)’s return policy and related information at https://www.Momentum Leap, LLC (www.momentumleap.com).com/helpcenter/sections/200548640-Returns.

NOTE: Some items offered on this Site are shipped directly from the manufacturers (“direct from manufacturer”), and whether such items are returnable depends on the policy of the manufacturer. For more information on “direct from manufacturer” items.

Gift Cards. Momentum Leap, LLC (www.momentumleap.com) gift cards are available for purchase on this Site either as electronic cards (i.e., e-gift cards) or as physical cards. Unless expressly otherwise stated by Momentum Leap, LLC (www.momentumleap.com), the following terms and conditions apply to Momentum Leap, LLC (www.momentumleap.com) gift cards:

All gift card sales are FINAL. Purchased gift cards are NON-RETURNABLE and NON-REFUNDABLE.

Gift cards are only redeemable for purchases from this Site, and are not redeemable for cash or credit (except that a gift card with a cash value of less than ten dollars ($10) is redeemable in cash for its cash value).

Gift cards are not reloadable.

A gift card cannot be used to purchase another gift card.

Promo codes and discounts do not apply to the purchase of gift cards.

Gift cards do not expire as long as there is value remaining on the cards.

Please safeguard your gift card and do not share card number or PIN with others. Momentum Leap, LLC (www.momentumleap.com) cannot replace or replenish gift cards that are lost, stolen, or used without authorization.

NOTE: Momentum Leap, LLC (www.momentumleap.com) will honor any state laws that may differ from the gift card terms. Check your own state laws for applicability.

Discounts/Promo Codes. Momentum Leap, LLC (www.momentumleap.com) may from time to time offer discounts/promo codes to eligible customers for use toward purchases on this Site. Unless expressly otherwise stated by Momentum Leap, LLC (www.momentumleap.com), use of such discounts or promo codes is subject to the following terms and conditions:

Discounts/promo codes are valid for a limited time only. Momentum Leap, LLC (www.momentumleap.com) may modify or discontinue them at any time.

Discounts/promo codes apply only to qualifying items (as specified by Momentum Leap, LLC (www.momentumleap.com)) that are in stock while supplies last. Discounts/promo codes cannot be used for pre-orders or backorders. Other restrictions may apply.

Momentum Leap, LLC (www.momentumleap.com) may limit the quantity of products that can be purchased with discounts/promo codes.

Discounts/promo codes can be used only once.

Discounts/promo codes cannot be combined with other offers, unless otherwise specified by Momentum Leap, LLC (www.momentumleap.com).

Discounts/promo codes can only be used toward purchases made on this Site, and are not redeemable for cash or credit.

Discounts/promo codes cannot be applied toward previous purchases.

Discounts/promo codes do not apply to shipping or handling charges or applicable taxes.

Where a discount/promo code has a minimum purchase requirement, shipping and handling charges and applicable taxes do not count toward the minimum purchase amount.

The entire value of a discount/promo code must be used in a single transaction. No refund or credit will be given for any leftover value.

If you return an item purchased using a discount/promotion code, Momentum Leap, LLC (www.momentumleap.com) will subtract the value of the discount/promotion code from your return credit or refund.

User Content

User Content. “User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content.  You hereby certify that your User Content does not violate our Acceptable Use Policy.  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site.  You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.

You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content.  Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Payment Terms and Conditions

ORIGINAL PAYMENT TERMS

You will honor any payment obligations for products or services purchased on the Site. For any recurring charges, you agree that third-parties working on our behalf may store your payment information to process the payments you had agreed to make. Your use of the third-party payment service will be subject to that third party’s Terms and Conditions and Privacy Policy. Momentum Leap, LLC will not be responsible or liable for the third party payment service website or any acts or omissions by the third-party.

By signing up for our services with recurring billing or a short-term payment plan, you are agreeing to the billing. If the payment method used reaches its expiration date and you do not update your payment information or cancel your account, you authorize us to continue billing the payment method used and you will remain responsible for any and all uncollected amounts. You’re obligated to pay fees through the end of the subscription or until the service is paid in full at the initial price agreed upon.  You acknowledge that all services purchased are subject to these terms and any additional terms related to the provision of products and services.

PAYMENTS

By purchasing a product or service through Momentum Leap, LLC , you agree to pay the fees associated with the transaction, including any taxes that may be applicable to your purchase in advance. Payments for month-to-month subscribers will be charged in advance. Charges for monthly or annual subscriptions will continue until you cancel the subscription, prior to the expiration of the then-current paid term. Unless the subscription is canceled, the term will automatically renew for subsequent periods of the same length as the initial term. If you purchased a 7-day trial offer, the offer will automatically roll into a monthly fee if you do not cancel before the trial ends.

SPecific SERVICES – Resume and Coaching

YOUR RESUME

We will never share, sell, disclose, or otherwise use your personally identifiable information other than to provide you the services you have requested or to share additional products and/or services that Momentum Leap, LLC offers.  We do reserve the right to utilize format, style, and general appearance of finalized resumes and other job search documents and to modify resumes, cover letters, social media profiles (which would always include removing personally identifiable information) to promote or explain our products and services.

By purchasing a service from our site, you grant us a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to edit, modify, adapt, reproduce, publish, translate, create derivative works from, distribute, and display such content, minus any personally identifiable information. By posting or uploading documents, you represent and warrant that you own or otherwise control all of the rights to the content that you post or upload, 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 us for all claims resulting from content you supply.  We assume no responsibility or liability for any content posted or submitted by you or any other third party.

TESTIMONIAL SUBMISSION

If you submit a testimonial to us either through email, the Site, or another third party website, you agree, give permission, and grant any necessary license to us to use it, but you agree we are under no obligation to use any testimonial submitted. We may use testimonials in whole or in part, but in any use, will identify you only by first name and last name initial. We reserve the right to review, correct grammatical or typing errors, and edit or summarize testimonials prior to use. If you do not agree with any of these conditions, do not submit a testimonial to us.

SATISFACTION GUARANTEE

If you are not satisfied with the service you receive, please let us know and we will work to address your concern. Our email is: support@momentumleap.com

You agree that by using our service, Momentum Leap, LLC DOES NOT guarantee interviews or job offers.  We will work with you to provide professionally written job search documents based on the information you share with us during the process and with consideration to our professional recommendations.  There is a 7-day revisions process which begins upon the delivery date of your first drafts.  You may request unlimited revisions during this 7-day timeframe that do not change the focus of your intended position or interests.  If additional requests are made beyond this 7-day revisions period, a minimal fee may be charged at the sole discretion of the company.

If you order our Editing Services, we will revise the initial resume and/or cover letter you upload in terms of formatting the document using a professional layout and fixing grammar, punctuation, and spelling.  There is NO content creation with this service.  No fee will be reimbursed in the event that the original uploaded document(s) is not changed based on our professional review and recommendation.

REFUND POLICY

If you are unsatisfied with your order or experience, please email us at support@momentumleap.com  regarding your concerns.

Momentum Leap, LLC provides a professional resume writing, portfolio creation and career coaching service. ALL SALES ARE FINAL SINCE A SERVICE IS BEING PERFORMED AND INTANGIBLE GOODS ARE SHARED VIA EMAIL AND PHONE. Like any writing project, there will likely be multiple drafts and revisions. Momentum Leap, LLC ’s writers will work with you until you are satisfied with your resume and other job search documents within the 7-day revision period previously mentioned. As a result, there are no refunds once the resume writing and/or career coaching service has been purchased.

Additionally, no refund will be issued for the cost of the RUSH service (2 business day turnaround) in the event the client does not provide required information within the appropriate time.

DISCOUNT CODES

Discount codes (or coupon codes) are the property of Momentum Leap, LLC and are subject to the following terms and conditions. Coupons can be redeemed for online purchases through the website. Coupons may be used only once per client and may not be duplicated. Further still, Coupons are strictly prohibited from being posted electronically, unless expressly authorized by Momentum Leap, LLC . Coupons may not be redeemed for the cost of the RUSH service or Career Coaching. No cash value, credit, or change will be given. The coupon holder is responsible for any applicable sales tax. Coupons may not be combined with any other coupon or discount. Momentum Leap, LLC is not responsible for any Coupons not redeemed by any expiration date hereon. Failure to use a Coupon by any expiration date hereon shall result in the forfeiture of such Coupon. In the case of fraud, misrepresentation, abuse or violation of these terms and conditions, Momentum Leap, LLC reserves the right to take all available legal or administrative action. Other restrictions and exclusions may apply. Coupons are void where prohibited.

THE SERVICE and right to refuse

The Momentum Leap, LLC website including all content (‘Content’) available through the Momentum Leap, LLC domain name, (the ‘Site’) is owned and operated by Momentum Leap, LLC .

This Site provides to its customers high quality resume writing and portfolio services that may be produced by third party suppliers. Momentum Leap, LLC accepts the orders for work, and assigns it to the appropriate writer (an independent 1099 contractor) to perform the work. The customer will have to agree to this website’s terms and conditions when placing an order through the website for resume writing or career coaching services. Also, placing an order in itself will not be an acceptance of the work order. We retain the right to refuse to work on the project.

You also understand and agree that the Services may include advertisements. You also understand and agree that the Services may include certain communications from Momentum Leap, LLC , such as service announcements, administrative messages, and updates.

ORDER PROCESS

Placing an order. While registering with the site, please use a valid email address and a correct phone number where you can be reached. We may be required to contact you while processing your order. Failure to provide a valid email address or a correct phone number may affect order completion. Providing incorrect email address or phone number is a violation of the terms and conditions of this agreement. This may result in forfeiture of any claim of warranty or guarantee by the customer. Momentum Leap, LLC reserves the right not to process or to resubmit the customer’s order in the event that the details indicated are inconsistent or do not match the order’s original description.

Information you provide. Provide comprehensive details of your current and previous work experience, education, job goal, as well as all job-related trainings, certificates, affiliations, and seminars attended. As your resume will be built on the information you provide, it is essential that you provide all the details in a timely manner to enable the writer to prepare job search documents that will be appealing.

Instructions. You must provide relevant and clear instructions within the stipulated time frame to enable the Company to fulfill any warranty or guarantee. Once the order is executed as per the request, any change request will attract additional fees and also additional time which has to be approved by the customer and Company. However, any revision request complying with the initial project requirements and description of the original order will be acted upon without additional fee during the 7-day revision period once drafts have been delivered for customer review. A request to gear a resume product towards a position different from the previously mentioned one will be considered as new instructions and liable for ordering and payment of a new project.

A Consultant, Subject Matter Expert (SME) or Writer assignment. A consultant, SME or writer specializing in a field chosen by the customer, when assigned with the project, contacts the customer. The customer may either communicate with the consultant, SME, or writer via email or request direct contact with the consultant, SME, or writer at a specified time for a phone consultation. If the customer wishes to talk to the consultant, SME, or writer directly over the phone, the conversation is to be scheduled with the consultant, SME, or writer directly. The customer shall inform the writer in advance about the required call and shall be cooperative in terms of scheduling. However, customer should upload previous work experience, education, as well as all job-related trainings, certificates, affiliations, and seminars attended, as the phone call can last not more than 30 minutes. The writer will inform you accordingly. The consultant, SME, or writer is responsible for obtaining the key points, job goals, complaints, and corrections needed with any resume product.

DELIVERY

Momentum Leap, LLC shall not be responsible or liable for any type of delivery issues resulting from any of your service providers like internet, email, etc. which are beyond our control, or failure of customer to download the product. We strive to provide the best quality service to our customers. Our support team is available to assist you with any delivery problems. **Comcast or Verizon and some email addresses tend to block some of our outgoing email attempts based on server settings. Regardless of email address, please check your spam folder for our communications or reach out to support@momentumleap.com in the event you are waiting for an email you have not yet received.

TURNAROUND TIME

Turnaround time is for the delivery of an initial draft of job search documents and will be 4-5 business days from date of consult with assigned writer, via phone or email.

RUSH service turnaround time will be 2 business days from date of order, or receipt of necessary information to fulfil the project, whichever comes later. Delivery timeframe is for the initial draft of job search documents. No refund will be issued for the cost of the RUSH service in the event the client does not provide required information within appropriate time. A phone consultation cannot be guaranteed in the event of a RUSH service due to the critical timeline set on the service.

If 30 days have passed since the date of order and the requested information has not been provided to Momentum Leap, LLC from the Client, Client forgoes the right to the standard turnaround time and project will be completed based upon the availability of the writer. **All orders are subject to ONE YEAR expiration limit due to changes in services, quality, and pricing. If order is placed for service and Client chooses to not engage us within ONE YEAR of order date, purchase is forfeited with no refund.

Digital Products and Downloads Terms and Conditions

DIGITAL ARTWORK /  DOWNLOADABLE FILES

 TERMS OF USE | COPYRIGHT RULES

Each Momentum Leap, LLC template is Copyrighted by Momentum Leap, LLC  and may not be sold, redistributed or given away except for the ‘standard permitted use’ as follows. All credit for the designs must be attributed to Momentum Leap, LLC as appropriate. If you’re not sure about appropriate use please ask.

Permitted standard use means you CAN; change or modify the template in any way for use in creating products for YOURSELF or YOUR customers; sell prints, cards, books, albums, or other printed/physical products that use this template in whole or in part.

Standard license prohibitions means you may NOT; resell, redistribute or share these templates in whole or in part for any reason; claim these designs as your own; or sell any design, digital or printed on any online store (including but not limited to Etsy, Ebay, Creative Market or general online stores).

In short, it’s a YES to printed sales use to your clients (only), and it’s a NO to digital sales use and sharing of any form.

(*Momentum Leap, LLC assumes no responsibility for images uploaded to Facebook or other forms of Social Media, due to their frequently changing policies).

When you join the Momentum Leap, LLC ‘ Members’ Club, you are NOT buying the copyright to the product, but are buying the ‘right’ to use the product in a certain way. This is commonly referred to as “licensing” a product. Momentum Leap, LLC   still owns the copyright to the design and are licensing the use of that copyright to you for a fee. Because you are not purchasing the copyright to the items you download, you may NOT use them in any way that is not expressly permitted. For example, you may not copy, loan, give away, or sell the product to someone else, because the copyright remains the property of Momentum Leap, LLC  .

Momentum Leap, LLC   remains the sole, exclusive owner and holder of the copyright for the artwork design and you may not sell, lease, loan, transfer, share or give the image to a third-party to use in any way. Thank you!

OUR PRODUCTS. Our products are created for photographers and other creative industries use. All Photoshop templates are fully layered, high resolution PSD files and are compatible with Photoshop CS and higher, CC & Photoshop Elements. A basic working knowledge of Word, PowerPoint, Adobe PDF, and Photoshop is helpful, but not required on how to use them. All InDesign Templates a fully editable and are compatible with InDesign CS 6 and higher & CC. All templates are fully editable and use FREE fonts unless otherwise specified.

FONTS. All fonts used are either system fonts (that you should already have installed on your computer) or free fonts that can be downloaded from the internet free or for a charge. In some instances PAID fonts have been used to which you can either buy the font from the 3rd party website and use it yourself or change the font to a free font. Each design comes with a Font Information file.

The font links we’ve provided are from websites owned and operated independent of Momentum Leap, LLC . Momentum Leap, LLC  is not responsible for the content Linked Websites or any hyperlink contained in a Linked Website contains and makes no representation or warranty with respect to the content of any such third party sites.

THIRD PARTY SITES. While Momentum Leap, LLC  takes care to provide links to reputable sites, your use of any such Linked Website is entirely at your own risk. All links are provided as an optional convenience only and the inclusion of any link does not imply any endorsement of the Linked Website by Momentum Leap, LLC . Momentum Leap, LLC  is not a party to any transaction between you and a Linked Website. Your use of a Linked Website is subject to the terms and conditions of that site in addition to these Terms of Use. If there is any inconsistency these Terms & Conditions prevail.

BACK-UP. Please be sure to keep a backup copy of your files.  Momentum Leap, LLC  is not responsible for files lost, deleted or in any way damaged once purchased.

PRINTING. Please make sure you check colors, bleeds, trim lines, safe zones, dpi, text and fonts of the template before printing. Momentum Leap, LLC will not be held responsible for printing errors.

Due to the nature of this product, refunds are not available. If you have questions or need clarification about our terms and policies, please get in touch at: support@momentumleap.com

By purchasing or downloading any file from the Momentum Leap, LLC , you accept the terms and conditions as outlined above.

PRINTS AND PRINTABLES. All digital images, prints, printables and downloads are designed/created and © by Momentum Leap, LLC . All rights are reserved. You may download and use the printable for personal, non-commercial use only. You may not redistribute or resale the printable in part or in it’s entirety. You may share my free printable and downloads on your blog or other social media websites (facebook, twitter, instagram, pinterest, Youtube, Tumblr) as long as credit is given and linked back to Innovate Your Life with Mary Michael.

Please keep in mind that print results vary depending on the type of printer and/or paper used.  All monitors display colours uniquely.  The colors of our products may vary slightly from the image you see on your screen.

SHIPPING. Momentum Leap, LLC ’ products are an INSTANT DOWNLOAD. No shipping is required. All items are downloadable. No physical material or product will be mailed.

PHOTOGRAPHY WORK FEATURED. All photos are taken by professional photographers and we have been granted permission to use in our visuals. Sample Photos will NOT be included with your purchase / download.

SOCIAL SHARING. We do our absolute best to link back to photos used from other sources with either click-backs or image credits.

AFFILIATES. I occasionally work with commission based affiliates. Please be rest assured that I only choose to link to products that I genuinely love and use myself in my own business, and that the content is not compromised at all due to these opportunities.

REFUNDS

Digital downloads are FINAL sale and due to the nature of the items are NOT refundable.

LEGAL RECOURSE

The user agrees to indemnify and hold Momentum Leap, LLC   and its affiliates, employees, agents and representatives harmless from and against any and all claims, demands, liabilities, expenses, losses, damages and attorney fees arising from any and all claims and lawsuits for libel, slander, copyright, and trademark violation as well as all other claims resulting from the participation of the user on littlesweetdesigns.com. The user also agrees to indemnify Momentum Leap, LLC   for any legal fees incurred by Momentum Leap, LLC , acting reasonably, in investigating or enforcing its rights under this agreement.

Online Courses

ONLINE COURSE INTELLECTUAL PROPERTY

Limited License. Any and all materials, paid or free, that You access on this or any related domains that contain our Offering are under the sole ownership or licensed use Momentum Leap, LLC  . 

To be clear, we own our page layout and design, overall look and appearance, individual graphics, icons, videos, logos, taglines and trademarks (common law or federally registered). You are not allowed to reproduce any part of our website(s), program(s), product(s), service materials or related communications.

You are only receiving a limited, non-transferable, non-exclusive, revocable license for non-commercial use only in order to access any content or materials in the Offering you have paid for or opted to receive. If You exceed the scope of this license, as determined by a legal authority such as a court of law or the Trademark Trials and Appeals Board, you have committed infringement in a manner that materially harms us, and we have the right to seek damages and/or an injunction to remedy the situation until we are made whole.

You may:

• Access the Offering for Your personal use (if additional members of Your team need to access the Offering, You must purchase additional Offerings at one per each team member)
• Download and/or print any Offering materials for your personal use in your business (if additional members of Your team need to download and/or print any materials from the Offering, You must purchase additional Offerings at one per each team member)
• Use our trademarks and copyrighted materials with Our consent and proper credit and marking, namely, citing ©Momentum Leap, LLC as the source of the materials and marking any federally registered trademarks with ® or common law trademarks with ™.

You may not:

• Re-sell or trade Your access to the Offering
• Share the Offering with anyone else who has not yet purchased it or opted in to receive it
• Reprint or republish any of the Offering, in part or in whole
• Distribute any of the materials contained in the Offering or related materials and/or communications as your own, otherwise known as stealing
• Reproduce and tweak any part or whole of the Offering for distribution as your own work
• Claim ownership or use over any of Our intellectual property without Our prior consent, which includes (but is not limited to): copyrights such as course materials, worksheets, workbooks, lessons, videos and more; trademarks such as names, logos, taglines or other unique source identifiers; or trade dress including the look and feel of the Offering (and its related communications and materials)
• Use our Offering or any related materials and/or communications in an unlawful way or for any illegal or unlawful purpose(s)

 REQUEST FOR PERMISSION TO USE CONTENT

If you wish to use, publish or access any of our content, Offering(s) or related materials, You must do so by requesting permission prior to commencing use of the same by email Us at support@momentumleap.com

Subscription Service

“Services” means, collectively, Subscription Services, Add-On Services and Professional Services.

IMPORTANT! THESE TERMS AND ANY RELEVANT SPECIFIC TERMS GOVERN YOUR USE OF THE SITE AND USE OF OUR INTERNET-BASED SUBSCRIPTION MANAGEMENT AND BILLING SOFTWARE SERVICES (“Services”). THESE TERMS AND ANY RELEVANT SPECIFIC TERMS ARE SUBJECT TO CHANGE AT ANY TIME IN AT MARY MICHAEL DESIGN LLC’S DISCRETION AND YOU ARE ENCOURAGED TO REVIEW THE MOST CURRENT TERMS AND ANY RELEVANT SPECIFIC TERMS EACH TIME YOU VISIT. YOUR CONTINUED USE OF THE SITE AFTER SUCH CHANGES ARE IMPLEMENTED CONSTITUTES YOUR ACKNOWLEDGMENT AND ACCEPTANCE OF THE CHANGES. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE SITE OR USE OUR SERVICES.

Recurring Payment Terms

Frequency of Payments

An automatic recurring payment in the range provided to you on our website, via email, or as described to you by the representative will be made every 30 Days (“Monthly Payment”) for renewal of your subscription on a recurring basis.

You will also receive a post-payment confirmation email following all automatic recurring payments. For example, if your subscription plan requires a $15 per month payment, and your one month period ends on March 1, the recurring Monthly Payment of $15 will be made on March 1. Your next automatic recurring payment in the amount of $15 would occur on April 1. You will not receive any advance notice of this payment but you will receive post-payment confirmation by email.

Automatic Recurring Payment Failure

If your automatic recurring payment is declined, you will be contacted by phone or email. We may permanently restrict your ability to use a certain payment method if that payment method fails multiple times. REMEMBER: If your Automatic Recurring Payment fails, you will need to replenish your account with another payment method. If payment is not made and you do not make a payment by the end of your billing cycle, your service may be suspended or cancelled.

Cancellation of Automatic Recurring Payment

You have the right to withdraw your consent to this Automatic Recurring Payment at any time. To cancel you’re Automatic Recurring Payment, email support@momentumleap.com. Your request to cancel your Automatic Recurring Payment may take up to 24 hours to take effect. Cancellation must be done before the end of the 30 days period to avoid the monthly recurring payment.

When you request termination of your subscription, your subscription fees are not refunded. Instead, the current subscription will run its course to the end of the current billing cycle, at which point your subscription will then become inactive. Cancellation of service is not official until you receive an email confirmation. If a request is not answered within 3 business days, you will need to contact us at support@momentumleap.com and confirm cancellation.

Re-establishing Automatic Recurring Payment

If you wish to re-establish your Automatic Recurring Payment, please email support@momentumleap.com

Changing Automatic Recurring Payment

If you would like to change your Automatic Recurring Payment including, for example, making a change from one credit or debit card that was initially selected to another credit or debit card or bank account, you must authorize the recurring payment with the new credit or debit card or bank account by calling Customer Care. Your previously approved Automatic Recurring Payment will be terminated within 24 hours.

Subscription fees through website

The Customer shall pay the Subscription Fees by debit or credit card through the Website. The Supplier uses the third party payment processor Stripe (https://stripe.com/gb) to process card payments. The Supplier does not store or process any card details on its own servers.

Stripe will store the card details used to pay the Subscription Fees and will use those same card details to automatically take payment for any Subscription Fees in respect of each Renewal Period.

All amounts and fees stated or referred to in this agreement:

1. shall be payable in United States Dollars;
2. are, non-cancellable and non-refundable;
3. are exclusive of any applicable taxes (such as value added tax), which shall be added to the Supplier’s invoice(s) at the appropriate rate.

The Supplier shall be entitled to increase the Subscription Fees at the start of each Renewal Period upon 30 days’ prior notice to the Customer.

AGREEING TO THESE CONDITIONS

By providing my credit, or debit card or bank account information (“Payment Method”), I AGREE that I have read and understand this Automatic Recurring Payment Agreement. In addition, I authorize the company to charge the full amount required by my subscription plan (once every month or more frequently as described above) to the specified Payment Method; and I authorize the financial institution for the Payment Method, specified above to charge or debit my account and remit payment for my service to the company. This authority will remain in effect until I give notification, as required under this Agreement, to terminate this authorization.

Affiliate Program

Affiliate Program. Momentum Leap, LLC (www.momentumleap.com) offers an affiliate program that enables swim teams to create their own online stores on this Site and earn commissions from referred sales. Participation in such affiliate program is subject to and governed by Momentum Leap, LLC (www.momentumleap.com)’s Affiliate Program Terms and Conditions Momentum Leap, LLC (www.momentumleap.com).com

By enrolling in the Innovateology.com.com Affiliate Program (“Affiliate Program”), you agree with Momentum Leap, LLC . d/b/a Innovateology.com.com (sometimes referred to below as “we” or “us”) as follows. Collectively, you and we may be referred to below as the “parties” and each individually as a party. “The Innovateology.com.com Affiliate Program Terms and Conditions are referred to as the “Affiliate Agreement.”

BY CHECKING THE BOX OR CLICKING THE “ACCEPT AND CONTINUE” BUTTON, AS APPLICABLE, YOU AGREE TO THE TERMS AND CONDITIONS OF THIS AFFILIATE PROGRAM, OR BY CONTINUING TO PARTICIPATE IN THE AFFILIATE PROGRAM FOLLOWING OUR POSTING OF A CHANGE NOTICE, REVISED AFFILIATE AGREEMENT, YOU (A) AGREE TO BE BOUND BY THIS AFFILIATE AGREEMENT; (B) ACKNOWLEDGE AND AGREE THAT YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE PROGRAM AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE, OR STATEMENT OTHER THAN AS EXPRESSLY SET FORTH IN THIS AFFILIATE AGREEMENT; AND (C) HEREBY REPRESENT AND WARRANT THAT YOU ARE LAWFULLY ABLE TO ENTER INTO CONTRACTS (E.G., YOU ARE NOT A MINOR) AND THAT YOU ARE AND WILL REMAIN IN COMPLIANCE WITH THIS AFFILIATE AGREEMENT, INCLUDING THE REQUIREMENTS TO MAINTAIN YOUR AFFILIATE STATUS. IN ADDITION, IF THIS AFFILIATE AGREEMENT IS BEING AGREED TO BY A COMPANY OR OTHER LEGAL ENTITY, THEN THE PERSON AGREEING TO THIS AFFILIATE AGREEMENT ON BEHALF OF THAT COMPANY OR ENTITY HEREBY REPRESENTS AND WARRANTS THAT HE OR SHE IS AUTHORIZED AND LAWFULLY ABLE TO BIND THAT COMPANY OR ENTITY TO THIS AFFILIATE AGREEMENT.

1. Tracking Referrals: We will assign you a unique Innovateology.com.com URL (i.e., https://www.momentumleap.com?ref=1) in order to track the sales that you generate through the customers that you refer to us. You may link to the URL on your website by means of a text link or a banner ad supplied by us. You may use only current banners supplied by us; unauthorized banners may not be used. In order for you to be eligible for a commission on any purchase (including future purchases by a repeat customer), the customer must log in to Innovateology.com.com through your unique URL and complete the purchase before logging out. Because of the difficulty verifying other purchases by customers you refer to us, we will not pay commissions unless this method is used. Finally, please note that you may only earn commissions by referring customers to Innovateology.com. We do not support affiliate drop shipping or external shopping cart systems.
2. Commissions: You will receive a commission equal to a percentage of the sales price of each item, not including sales tax or shipping. Commissions are not earned for any purchases where goods are shipped directly from manufacturers. Currently, we offer an 8-10% commission with a cookie window of 7 days. In the future, we may change our commission structure by updating these terms and conditions. We reserve the right to provide refunds and price adjustments in our commercially reasonable discretion. If we provide a refund or price adjustment for a sale on which we paid a commission to you (for customer returns or any other reason), we will adjust your commission on a pro-rata basis. You agree that we may offset the reduction against future commissions payable to you. You also agree that commissions are determined by earnings tracked through Innovateology.com.com reporting. Commissions may be redeemed for either cash (payable in United States currency) or Innovateology.com.com store credit. Participants may track commissions and redeem them by logging onto their account: https://www.momentumleap.com.com/myaccount.asp. In order to redeem cash, your account balance must be at least $25.00 U.S. To redeem Innovateology.com.com store credit, there are no payout minimums. We issue cash and store credit payments on a quarterly basis, approximately two months following the end of each calendar quarter.

* Customized Gear: You will receive commission equal to the sales price of the product being customized, not including sales tax or shipping. You will not receive commission on the cost of customization services which include but are not limited to: heat press and embroidery.

3. Important Matters for Participant: Be courteous and polite when you are promoting Innovateology.com.com. Any affiliate using illegal or unethical marketing methods, including (but not limited to) unlawful email spam, will be immediately terminated from the program. The Affiliate Program is void where prohibited. You are not eligible to enroll or maintain your status in the Affiliate Program is your website is unsuitable. Unsuitable sites include those that:

(a) promote or contain sexually explicit materials;

(b) promote violence or contain violent materials;

(c) promote or contain libelous or defamatory materials;

(d) promote discrimination, or employ discriminatory practices, based on race, sex, religion, nationality, disability, sexual orientation, or age;

(e) promote or undertake illegal activities;

(f) are directed toward children under 13 years of age, as defined by the Children’s Online Privacy Protection Act (15 U.S.C. §§ 6501-6506) and any regulations promulgated thereunder;

(g) include any trademark of Innovateology.com.com or its affiliates, or a variant or misspelling of a trademark of Innovateology.com.com or its affiliates, in any domain name, subdomain name, or in any username, group name, or other identifier on any social networking site; or

(h) otherwise violate intellectual property rights

You will ensure that the information in your application for membership in the Affiliate Program and otherwise associated with your account, including your email address and other contact information and identification of your site, is at all times complete, accurate, and up-to-date. We may send notifications (if any), approvals (if any), and other communications relating to the Affiliate Program and this Affiliate Agreement to the email address then-currently associated with your account. You will be deemed to have received all notifications, approvals, and other communications sent to that email address, even if the email address associated with your account is no longer current.

You will not issue any press release or make any other public communication with respect to this Affiliate Agreement or your participation in the Program without written permission from us. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to any charity or other cause), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Affiliate Agreement.

4. Trademark Protection: For purposes of this Agreement, the “Marks” mean and include the following: Innovateology.com.com, Innovate Your Life With Mary Michael and the associated logo, and any components or variations thereof. You understand and agree that:

Momentum Leap, LLC is the sole and exclusive owner of the entire right, title and interest (including all accompanying goodwill) in and to the Marks. You have no right to use the Marks except as specifically granted in this Agreement.

You shall make no use of any Mark except in the form and with the graphics authorized in advance by us.

You shall not adopt or use any name, mark, logo, insignia or design that is, or is likely to be, confusingly similar to or could cause deception or mistake with respect to any of the Marks.

You shall not attack the validity of any of the Marks or of our title to any of the Marks at any time, whether during or after the term of this Agreement.

You shall not apply for (or aid or abet others to apply for) registrations in the United States or in any foreign country of any mark or design which includes the Marks (or any variations of them), alone or in combination.

The goodwill resulting from your use of the Marks (as well as any variations of the Marks) shall inure to our benefit.

Subject to the terms of this Affiliate Agreement and solely for the limited purposes of set forth in this Affiliate Agreement, directing end users to, the Innovateology.com.com website in connection with the Affiliate Program, we hereby grant you a limited, revocable, non-transferable, non-sublicensable, non-exclusive, royalty-free license to (a) copy and display the above referenced trademark and logo solely on your site; and (b) use only those of our trademarks and logos that we may make available to you as part of Affiliate Program solely on your site and in accordance with the Affiliate Agreement.

The license set forth in this Section 4 will immediately and automatically terminate if at any time you do not timely comply with any obligation under this Affiliate Agreement, or otherwise upon termination of this Affiliate Agreement. In addition, we may terminate the license set forth in this Section 4 upon written notice to you. You will promptly remove from your site and delete or otherwise destroy all of the trademarks and logos with respect to which the license set forth in this Section 4 is terminated or as we may otherwise request from time to time.

In connection with your participation in the Affiliate Program you will comply with all applicable laws, ordinances, rules, regulations, orders, licenses, permits, judgments, decisions, and other requirements of any governmental authority that has jurisdiction over you, including laws (federal, state, or otherwise) that govern marketing email (e.g., the CAN-SPAM Act of 2003).

5. Keywords and Domain Names: You shall not purchase or register domain names that include the Marks or any variations and misspellings of the Marks. Furthermore, you shall not purchase or bid on search engine keywords, AdWords, search terms, or other identifying terms (whether for use in a search engine, portal, sponsored advertising service or other search or referral service) that include the Marks, any components of the Marks, or any variations and misspellings of the Marks. By way of example, but not limitation, you shall not:

Bid on or purchase any keyword string that includes a Mark, such as “Innovateology.com.com Career Advisors”, “Innovateology.com.com apparel”, etc…

Bid on or purchase a search term containing a variation of a Mark, such as “Au Pair Products”, “Au Pair Host Family Products”, “www.momentumleap.com”, “ww.Innovateology.com.com”, “www,Innovateology.com.com”, “Innovateologggy”, etc.

Bid on or purchase a domain name that includes a Mark or a misspelled variation of a Mark, such as “mindfullnesscourse.com”, “mindffullproduct.com”, “Innovateology.comproducts.com”, etc.

6. Tracking Tags: If you have a website, we will issue tracking tags and similar code to your system (“Assets”). The Assets help us track the commissions owed you and also provide us with information that is vital to the success of the Affiliate Program. You agree to use the Assets as instructed and not to corrupt, modify or disable any of the Assets.
7. Indemnification: You agree to indemnify, defend and hold us (and our officers, directors, employees and agents) harmless from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from your actions.
8. Termination: Either party may terminate this Agreement at any time and for any reason or no reason.
9. Discounts, Terms of Sale, and Warranties: You understand and agree that you are not authorized to offer any discounts, vary our terms of sale, or make any representations or warranties about the products that we sell.
10. Prohibited Content: You agree, while you participate in the Innovateology.com.com Affiliate Program, not to promote or distribute (whether by means of a website or otherwise) any content that is libelous, defamatory, obscene, pornographic, abusive, violent, bigoted, hate-oriented, illegal, or that offers or promotes any illegal good(s) or service(s).
11. Prohibition on Coupon Code/Discount Promoters: We do not permit any promoters of coupons or other discounts (including, but not limited to, those who operate over the internet) to join our affiliate program. No commissions shall be payable to any such parties.
12. Prohibition on Search Engine Advertising: You agree, while you participate in the Innovateology.com.com Affiliate Program, not to promote our products by purchasing “pay per click” or other advertising on internet search engines (including, but not limited to, Google® and Yahoo®). By way of example (but not of limitation), you specifically agree not to link your unique Innovateology.com.com URL to any internet address that is promoted by means of paid advertising to any internet search engine. No commissions shall be payable on account of any sales generated in violation of this provision.
13. Independent Contractor Relationship: You enter into this Agreement as, and shall continue to be, an independent contractor. Under no circumstances may you look to us as your employer, nor as a partner or agent. You shall not be entitled to the benefits, if any, that may be accorded to our employees, including (but not limited to) worker’s compensation, disability insurance, retirement program contributions, medical or dental insurance, overtime, travel expenses, per diem expenses, vacation, or sick pay. You have no authority to (a) act on our behalf, or (b) make or accept any offers or representations on our or our affiliates’ behalf. You agree to comply with all applicable laws and regulations that apply to the referral of customers to us. You agree to pay all taxes attributable to the commissions paid to you by us. You also agree to complete IRS Form W-9 and submit it to us at the following email address: support@momentumleap.com
14. Dispute Resolution By Binding Arbitration And Class Action Waiver; Choice Of Law: We encourage you to contact our Customer Service department if you have concerns or complaints about Innovateology.com.com. Generally, customer complaints can be satisfactorily resolved in this way. If we cannot resolve your concerns informally, disputes between us shall be resolved pursuant to this Section 14.

You and Innovateology.com.com agree to arbitrate all disputes and claims (including the interpretation and scope of this clause, and the arbitrability of the dispute or claim) between us including, but not limited to, all claims arising out of or relating to any aspect of our relationship, whether based in contract, tort, statute, fraud, misrepresentation or any other legal theory, that arose either before or during this or any prior Terms of Use, or that may arise after termination of this Terms of Use.

Arbitration is more informal than a lawsuit. Arbitration uses a neutral arbitrator instead of a judge or jury, allows for more limited discovery than in court, and is subject to limited review by courts. Under these Terms of Use, arbitrators can award the same individual relief affecting individual parties that a court can award, including damages and an award of attorneys’ fees, if the applicable law allows. BY AGREEING TO RESOLVE DISPUTES THROUGH ARBITRATION, YOU AND INNOVATEOLOGY.COM.COM AGREE TO EACH UNCONDITIONALLY WAIVE THE RIGHT TO A TRIAL BY JURY OR COURT (except small claims court). Instead of arbitration, either party may bring an individual action in a small claims court for disputes or claims that are within the scope of the small claims court’s authority.

The Federal Arbitration Act governs the interpretation and enforcement of this provision. The arbitration shall be conducted before one commercial arbitrator with substantial experience in resolving commercial contract disputes, administered by JAMS pursuant to JAMS’ Streamlined Arbitration Rules and Procedures, as modified by this Terms of Use, and unless otherwise agreed upon by the parties in writing. For more information on JAMS, its rules and procedures, and how to file an arbitration claim, you may call JAMS at 800-352-5267 or visit the JAMS website at http://www.jamsadr.org. Arbitrations will proceed at a location that the arbitrator selects within 100 miles of your primary residence unless you and Innovateology.com.com agree otherwise.

The arbitrator shall issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based. The arbitrator’s award shall be final and may be enforced in any court of competent jurisdiction.

In the event that you are able to demonstrate to the arbitrator that the costs of arbitration will be prohibitive as compared to costs of litigation, Innovateology.com.com will pay as much of your arbitration filing and hearing fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive as compared to the cost of litigation. Innovateology.com.com also reserves the right in its sole and exclusive discretion to assume responsibility for all of the costs of the arbitration. However, Innovateology.com.com will not pay your share of the arbitration fees if the arbitrator finds that either your claim or the relief sought is frivolous or brought for an improper purpose, as measured by the standards of Federal Rule of Civil Procedure 11(b).

YOU AND INNOVATEOLOGY.COM.COM AGREE THAT ANY CLAIMS BROUGHT BY YOU OR INNOVATEOLOGY.COM.COM WILL BE BROUGHT IN THE PARTIES’ INDIVIDUAL CAPACITY AND WILL NOT BE BROUGHT AS A CLASS, REPRESENTATIVE, COLLECTIVE OR PRIVATE ATTORNEY GENERAL ACTION. The arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class, representative, or private attorney general proceeding. You and Innovateology.com.com agree to seek only such individual relief—whether in the form of individual damages, an individualized injunction, or other non-monetary individual relief—as is necessary to resolve any individual injury that either you or Innovateology.com.com have suffered or may suffer.

The requirement that claims be brought in binding arbitration only in an individual capacity and not as a representative, private attorney general, or class member (“Class Action Waiver”) is non-severable. If the Class Action Waiver is found to be unenforceable, then the entirety of this arbitration provision shall be null and void, with the exception of the next sentence.

In the event the Class Action Waiver is found to be unenforceable, or in the event the agreement to arbitrate is found to not apply to a dispute, that such action between you and Innovateology.com.com shall proceed in the federal or state courts located in Pennsylvania. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

Notwithstanding any provision in these Terms of Use to the contrary, we agree that if Innovateology.com.com makes any change to this arbitration provision, such change will not be applicable to any dispute to which you had previously provided notice to Innovateology.com.com.

If you do not want to be bound to this agreement to arbitrate, you must opt out of it within 30 days of it first becoming applicable to you (i.e., within 30 days of you first agreeing to a version of these Terms of Use containing an arbitration agreement). To opt out of this agreement to arbitrate, you must send a letter or postcard to Innovateology.com.com’s headquarters, to the attention of the “Legal Department” and state that you do not want to be bound by this arbitration agreement.

These Terms of Use and your use of the site are governed by the laws of the State of Pennsylvania, subject to the Federal Arbitration Act, without regard to its choice of law provisions.

15. Interpretation: Unless the context clearly requires otherwise, all references in this Agreement to the plural will include the singular, and all references to the singular will include the plural; all references to gender will include the masculine, feminine, and neuter genders; the words “shall,” “will,” or “agrees” are mandatory, and the word “may” is permissive; the word “or” is not exclusive; and the words “includes” and “including” are not limiting. Headings are provided for convenience only and shall not be considered in interpreting this agreement. If any provision of this Agreement is found to be invalid or unenforceable, either in its entirety or by virtue of its scope or application to given circumstances, that provision shall be deemed modified to the minimum extent necessary to render the same valid or as not applicable to the given circumstances, or shall be excised, as the situation may require. All terms and conditions of this Agreement shall be deemed enforceable to the fullest extent permissible under applicable law, and, when necessary, the court is requested to reform any and all terms and conditions to give them such effect. We may assign our rights and duties under this Agreement in our sole discretion. You may not assign your rights or duties under this Agreement. This Agreement shall be binding upon and shall inure to the benefit of the parties and their respective heirs, legal representatives, beneficiaries, successors, and permitted assigns. You agree that, except as otherwise expressly provided herein, there shall be no third party beneficiaries to this Agreement.
16. Modification and Termination: You may withdraw from the Affiliate Program at any time and for any reason. We may amend or terminate this Agreement at any time, with or without notice, and for any reason. Any amendment shall become effective when posted on our website. By participating in the Affiliate Program after an amendment has become effective, you agree to the terms and conditions of the amendment. If you do not agree to the terms of an amendment, you must withdraw from the Affiliate Program.

We may modify any of the terms and conditions contained in this Affiliate Agreement at any time and in our sole discretion by posting a change notice, revised agreement, or or by sending notice of such modification to you by email to the email address then-currently associated with your account (any such change by email will be effective on the date specified in such email and will in no event be less than two business days after the date the email is sent). IF ANY MODIFICATION IS UNACCEPTABLE TO YOU, YOUR ONLY RECOURSE IS TO TERMINATE THIS AFFILIATE AGREEMENT. YOUR CONTINUED PARTICIPATION IN THE PROGRAM FOLLOWING THE EFFECTIVE DATE OF ANY MODIFICATION (E.G., THE DATE OF OUR POSTING OF A CHANGE NOTICE, REVISED AFFILIATE AGREEMENT OR THE DATE SPECIFIED IN ANY EMAIL TO YOU REGARDING SUCH MODIFICATION) WILL CONSTITUTE YOUR BINDING ACCEPTANCE OF THE CHANGE.

17. Limitation of Liability: WE WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES (INCLUDING ANY LOSS OF REVENUE, PROFITS, GOODWILL, USE, OR DATA) ARISING IN CONNECTION WITH THIS AFFILIATE AGREEMENT OR THE AFFILIATE PROGRAM, THE INNOVATEOLOGY.COM.COM WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THOSE DAMAGES. FURTHER, OUR AGGREGATE LIABILITY ARISING IN CONNECTION WITH THIS AFFILIATE AGREEMENT, THE AFFILIATE PROGRAM, THE MOMENTUMLEAP.COMWEBSITE, WILL NOT EXCEED THE TOTAL COMMISSIONS PAID OR PAYABLE TO YOU UNDER THIS AFFILIATE AGREEMENT IN THE TWELVE MONTHS IMMEDIATELY PRECEDING THE DATE ON WHICH THE EVENT GIVING RISE TO THE MOST RECENT CLAIM OF LIABILITY OCCURRED.
18. Entire Agreement: This Agreement constitutes the entire agreement between you and us regarding the Affiliate Program, and supersedes any prior agreements between you and us regarding this subject. This Agreement does not supersede our Privacy Policy or Terms of Use, which remain applicable in accordance with their terms. No waiver of any breach of any provision of this Agreement shall constitute a waiver of any subsequent breach of the same provision or of any other provision.
19. Inapplicable Affiliate Locations: The Affiliate Program is not applicable for non-US residents and any location prohibited by law.

Good Stuff under Terms and Conditions…

INDEMNIFICATION

You agree to defend, indemnify, and hold Momentum Leap, LLC harmless from and against any and all claims, losses, damages, liabilities, costs, and expenses, (including, but not limited to, attorneys’ fees), arising from or related to your (i) use of the Site or Services or (ii) violation of any of these Terms.

NON-DISPARAGEMENT

If you are found to be slandering, libeling or otherwise disparaging our Company, Offering(s) or related materials at our discretion, You will be immediately removed from the Offering(s) and any related communications. We reserve the right to file a civil claim of action against You for any such damaging actions You take that materially harm our Company.

REMEDIES

In the event that Momentum Leap, LLC determines, in its sole discretion, that you have breached any of the Terms, or have otherwise engaged in inappropriate conduct, Momentum Leap, LLC may, in addition to any other remedies that may be available, (i) warn you of the violation via e-mail; (ii) delete any content provided by you or your agent(s); (iii) terminate your use of the Site; (iv) notify and fully cooperate with the proper law enforcement authorities for further action; or (e) take any other action which Momentum Leap, LLC deems to be appropriate.

TERMINATION

These Terms are effective unless and until terminated by Momentum Leap, LLC . Momentum Leap, LLC may terminate all or part of the Site at any time without notice to you. Upon any termination of these Terms or the Site, you must promptly destroy all materials downloaded or otherwise obtained from this Site, as well as all copies of such materials.

LAW THAT GOVERNS THE SITE

Information on the Site includes descriptions of products and services available only in the United States of America. These Terms are governed by and interpreted pursuant to the laws of the State of Pennsylvania, United States of America, notwithstanding any conflicts of laws principles, and venue shall rest exclusively in the courts situated in the State of Pennsylvania. If any part of these Terms is unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of the remaining Terms.

ENTIRE AGREEMENT

These Terms constitute the complete and exclusive statement of the mutual understanding of the parties and supersede and cancel all previous written and oral agreements and communications relating to the subject matter hereof. No failure or delay in exercising, on the part of either party, any privilege, power, or right hereunder will operate as a waiver thereof.

LIMITATION OF LIABILITY

BY USING THE SITE, YOU AGREE THAT MOMENTUM LEAP, LLC WILL NOT FOR ANY REASON OR CIRCUMSTANCE, AND REGARDLESS OF LEGAL THEORY, WHETHER IN TORT, CONTRACT, OR OTHERWISE, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, HOWEVER CAUSED, AND REGARDLESS OF CHARACTER, INCLUDING WITHOUT LIMITATION LOST PROFITS, LOST SAVINGS, LOSS OF PROGRAMS, OR OTHER DATA ON YOUR INFORMATION HANDLING SYSTEM OR OTHERWISE, EVEN IF MOMENTUM LEAP, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES. THE FOREGOING LIMITATION OF LIABILITY APPLIES, BY WAY OF EXAMPLE BUT WITHOUT LIMITATION, TO ANY DAMAGES ARISING OUT OF OR IN CONNECTION WITH (I) YOUR ACCESS TO, USE OF, OR INABILITY TO USE, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE), OR (II) ANY ERRORS OR OMISSIONS IN THE CONTENT OF, OR PERFORMANCE OF THE SOFTWARE ON, THE SITE (INCLUDING ANY SERVICE OFFERED ON OR THROUGH THE SITE). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO SUCH EXCLUSIONS MAY NOT APPLY TO YOU. HOWEVER, SUCH EXCLUSIONS SHALL BE ENFORCEABLE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

Jurisdiction and Other Points to Consider

If you use our site from locations outside of the United States, you are responsible for compliance with any applicable local laws.

These Terms of Use shall be governed by, construed and enforced in accordance with the laws of the Missouri, as it is applied to agreements entered into and to be performed entirely within such jurisdiction

To the extent you have in any manner violated or threatened to violate and/or its affiliates’ intellectual property rights, and/or its affiliates may seek injunctive or other appropriate relief in any state or federal court in the State of Phoenix, and you consent to exclusive jurisdiction and venue in such courts.

Privacy Policy

What I do to maintain your Privacy.

Privacy is becoming increasingly important to every one of us what with the incessant volumes of SPAM (unsolicited commercial email), junk snail mail (like pre-approved credit card applications and the likes), and the dangers of identity theft.

Your privacy is of the utmost importance to me. Personal contact information submitted via any of my websites (such as your name, email address, phone number etc.) is securely protected through our professional email management system. Rest assured, we will never, ever rent, sell or share your email address. Nor will your email address ever be accidentally exposed in the “To” or “Cc” fields.

I use only the best, secure, professional online ordering systems. You can be assured that your credit card and personal information is safe. Look for the padlock at the bottom of your browser and the https:// in your address bar. The “s” stands for secure. Look for authentication from “Verisign”. These are all signs that your personal information is safe and protected.

If you become a client of ours, every word you share with us is held in the strictest of confidence. We respect your privacy.

See full privacy policy here.

CONSENT

By using our website, you hereby consent to our Terms and Conditions of Use.

ABILITY TO ACCEPT TERMS OF USE

You affirm that you are either more than 18 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to make on-line purchases; to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

You also represent that you are not a person barred from receiving the Services under the laws of your country or other applicable jurisdiction. If you provide any information that is untrue, inaccurate, not current or incomplete, or if Momentum Leap, LLC has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, Momentum Leap, LLC has the right to suspend or terminate your account and refuse any and all current or future use of the Services (or any portion thereof).

DEFINITIONS

‘Writer’ is the person, who has agreed to work with the company on a freelance basis to provide writing and coaching services under the company’s terms.

‘Customer’ or ‘Client’ is the person who places an order with the company to obtain a product or service and is governed by the defined terms and conditions laid out in this agreement.

‘Order’ or ‘Project’ is an electronic request for a paid service from the Customer.

“Company” is Momentum Leap, LLC

“Site” is www.momentumleap.com

CONTACT US

Any questions or concerns about these terms and conditions of use should be brought to our attention by e-mail to support@momentumleap.com, and providing us with information relating to your concern.

Disclaimers

Our website and related materials are provided for educational and informational use only. You agree to indemnify and hold harmless our website and company for any direct or indirect loss or conduct incurred as a result of your use of our website and any related communications, including as a result of any consequences incurred from technological failures such as a payment processor error(s) or system failure(s).

While we may reference certain results, outcomes or situations on this website, you understand and acknowledge that we make no guarantee as to the accuracy of third party statements contained herein or the likelihood of success for you as a result of these statements or any other statements anywhere on this website. If you have medical, legal or financial questions, you should consult a medical professional, lawyer or CPA and/or CFP respectively. We expressly disclaim any and all responsibility for any actions or omissions you choose to make as a result of using this website, related materials, products, courses or the materials contained herein.

This website is updated on a regular basis and while we try to make accurate statements in a timely and effective manner, we cannot guarantee that all materials and related media contained herein are entirely accurate, complete or up to date. You expressly acknowledge and understand that any information or knowledge you gain as a result of using this website is used at your own risk. If you should see any errors or omissions and would like to let us know, please email us at support@momentumleap.com

Disclaimer, Use at Your Own Risk

Much of this information in our content on momentumleap.com and all of our websites and content (including mini-innovative blueprints and guidebooks, articles, recipes, information, advice, offerings etc.) is transcribed directly from other professionals, executives, host families, recipe websites, safety information from CDC, and au pair agencies, and should be considered as ideas of how to handle a situation. Rules, methods described, ingredients listed may not apply to you or your family or situation.

We do not make any warranties about the completeness, reliability and accuracy of this information. Any action you take upon the information in our guidebook, blueprints, articles, recipes, offerings, advice, etc. or on our website is strictly at your own risk, and we will not be liable for any losses and damages in connection with this website(including mini-innovative blueprints and guidebooks, articles, recipes, information, advice, offerings etc.). None of the authors, contributors, administrators, vandals, au pairs, or any one else connected with Mary Michael and momentumleap.comin any way whatsoever, can be responsible for your use of the information contained in or linked from webpages, innovative blueprints, guidebooks or any content on innovateology.com, marymichaeldesigns.com, innovateyourlife.today or any websites affliated.

Opinions Disclaimer

Any views or opinions represented in this blog are personal and belong solely to the blog owner and do not represent those of people, institutions or organizations that the owner may or may not be associated with in professional or personal capacity, unless explicitly stated. Any views or opinions are not intended to malign any religion, ethnic group, club, organization, company, or individual.

AFFILIATES Disclaimer

This site may use affiliate links to sell certain products or services. We disclaim any and all liability as a result of your purchase through one of these links. We will use reasonable efforts to notify you when and where we have placed affiliate links in addition to this disclaimer located in these Terms & Conditions. You accept express liability for any and all consequences or benefits of clicking the affiliate links contained on this website or related communications.

Earnings disclaimer

Every effort has been made to accurately represent this service and it’s potential. Even though this industry is one of the few where one can write their own check in terms of earnings, there is no guarantee that you will earn any money using the techniques and ideas in these materials. Examples in these materials are not to be interpreted as a promise or guarantee of earnings. Earning potential is entirely dependent on the person using our service, ideas and techniques. We do not purport this as a “get rich scheme.”

Any claims made of actual earnings or examples of actual results can be verified upon request. Your level of success in attaining the results claimed in our materials depends on the time you devote to the program, ideas and techniques mentioned, your finances, knowledge and various skills. Since these factors differ according to individuals, we cannot guarantee your success or income level. Nor are we responsible for any of your actions.

Materials in our service and our website may contain information that includes or is based upon forward-looking statements within the meaning of the securities litigation reform act of 1995. Forward-looking statements give our expectations or forecasts of future events. You can identify these statements by the fact that they do not relate strictly to historical or current facts. They use words such as “anticipate,” “estimate,” “expect,” “project,” “intend,” “plan,” “believe,” and other words and terms of similar meaning in connection with a description of potential earnings or financial performance.

Any and all forward looking statements here or on any of our sales material are intended to express our opinion of earnings potential. Many factors will be important in determining your actual results and no guarantees are made that you will achieve results similar to ours or anybody else’s, in fact no guarantees are made that you will achieve any results from our ideas and techniques in our material.

Case Study Disclaimer

You agree that You understand individual outcomes will vary. Case studies or testimonials are not indicative of typical results. Each individual approaches our Offering(s) with different backgrounds, disposable income levels, motivation and other factors that are outside of Our control. Therefore, we cannot guarantee Your success merely upon access or purchase of our Offering(s) or related material(s).

THIRD PARTY DISCLAIMER

You acknowledge and agree that we are not liable for any defamatory, offensive or illegal conduct of any other participant or user, including you.

TECHNOLOGY DISCLAIMER

We make reasonable efforts to provide You with modern, reliable technology, software and platforms from which to access our Offering(s) and related material(s). However, in the event of a technological failure, You accept and acknowledge our lack of responsibility for said failure, and while we will make reasonable efforts to support you, some technological issues are far outside our control and will require you to access support from a third party provider, such as BlueHost, WordPress, Squarespace and/or Memberspace.

ERRORS AND OMISSIONS

We make no warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information in our Offering(s). We are not liable for any inaccuracies, errors or reliance on personal opinions contained in our Offering(s) or related material(s).

WARRANTY DISCLAIMER

THE SITE, ANY SERVICE OFFERED ON OR THROUGH THE SITE, AND THE ENTIRE CONTENTS AND SOFTWARE ON THE SITE, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND WHATSOEVER. MOMENTUM LEAP, LLC EXPRESSLY DISCLAIMS ALL WARRANTIES, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF PERFORMANCE OR COURSE OF DEALING. MOMENTUM LEAP, LLC MAKES NO WARRANTY OR GUARANTY THAT THE CONTENTS OF THE SITE ARE COMPLETE, ERROR-FREE, OR THAT THE SITE WILL OPERATE IN A MANNER THAT IS SECURE (UNLESS OTHERWISE INDICATED), UNINTERRUPTED, OR ERROR-FREE, OR THAT THE SITE IS OR WILL BE MAINTAINED FREE OF VIRUSES OR OTHER HARMFUL CODE. IT IS UP TO YOU TO TAKE ANY AND ALL PRECAUTIONS TO ENSURE THAT THE INFORMATION YOU ACCESS AND USE FROM THE SITE IS FREE OF SUCH ITEMS AS VIRUSES, WORMS, TROJAN HORSES, AND OTHER ITEMS OF A DESTRUCTIVE NATURE. CHANGES MAY BE MADE TO THE CONTENTS AND SOFTWARE ON THE SITE, AND THE PRODUCTS AND SERVICES DESCRIBED WITHIN OR OFFERED ON THE SITE, AT ANY TIME WITHOUT NOTICE. MOMENTUM LEAP, LLC USES REASONABLE EFFORTS TO INCLUDE ACCURATE, AND UP-TO-DATE INFORMATION ON THE SITE. MOMENTUM LEAP, LLC IS NOT RESPONSIBLE FOR TECHNICAL, HARDWARE, OR SOFTWARE FAILURES OF ANY KIND; LOST OR UNAVAILABLE NETWORK CONNECTIONS; OR INCOMPLETE, GARBLED, OR DELAYED COMPUTER TRANSMISSIONS.

Past Performance

Past performance doesn’t guarantee future results.

Downloadable Files

Any downloadable file, including but not limited to pdfs, docs, jpegs, pngs, is provided at the user’s own risk. The owner will not be liable for any losses, injuries, or damages resulting from a corrupted or damaged file.

Comments

Comments are welcome. However, the blog owner reserves the right to edit or delete any comments submitted to this blog without notice due to

• Comments deemed to be spam or questionable spam
• Comments including profanity
• Comments containing language or concepts that could be deemed offensive
• Comments containing hate speech, credible threats, or direct attacks on an individual or group

The blog owner is not responsible for the content in comments.

Fitness

You should consult your physician or other health care professional before starting this or any other fitness program to determine if it is right for your needs. This is particularly true if you (or your family) have a history of high blood pressure or heart disease, or if you have ever experienced chest pain when exercising or have experienced chest pain in the past month when not engaged in physical activity, smoke, have high cholesterol, are obese, or have a bone or joint problem that could be made worse by a change in physical activity. Do not start this fitness program if your physician or health care provider advises against it. If you experience faintness, dizziness, pain or shortness of breath at any time while exercising you should stop immediately.

This site (www.innovateology).com offers health, fitness and nutritional information and is designed for informational / educational purposes only. You should not rely on this information as a substitute for, nor does it replace, professional medical advice, diagnosis, or treatment. If you have any concerns or questions about your health, you should always consult with a physician or other health-care professional. Do not disregard, avoid or delay obtaining medical or health related advice from your health-care professional because of something you may have read on this site or content on our website. The use of any information provided on this site is solely at your own risk as we have stated above.

Developments in medical research may impact the health, fitness and nutritional advice that appears here. No assurance can be given that the advice contained in this site will always include the most recent findings or developments with respect to the particular material. Please do not use this site if you would find these materials offensive.

This policy is subject to change at anytime.

Website Terms of Use

Version 1.0

The Momentumleap.comwebsite located at www.momentumleap.com, www.innovateyourlife.today, www.marymichaeldesigns.com is a copyrighted work belonging to Momentum Leap, LLC . Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. These Terms of Use were created with the help of the Terms Of Use Generator and the Privacy Policy Sample.

Access to the Site

Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Company reserves the right to change, suspend, or cease the Site with or without notice to you.  You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

User Content

User Content. “User Content” means any and all information and content that a user submits to the Site. You are exclusively responsible for your User Content. You bear all risks associated with use of your User Content.  You hereby certify that your User Content does not violate our Acceptable Use Policy.  You may not represent or imply to others that your User Content is in any way provided, sponsored or endorsed by Company. Because you alone are responsible for your User Content, you may expose yourself to liability. Company is not obliged to backup any User Content that you post; also, your User Content may be deleted at any time without prior notice to you. You are solely responsible for making your own backup copies of your User Content if you desire.

You hereby grant to Company an irreversible, nonexclusive, royalty-free and fully paid, worldwide license to reproduce, distribute, publicly display and perform, prepare derivative works of, incorporate into other works, and otherwise use and exploit your User Content, and to grant sublicenses of the foregoing rights, solely for the purposes of including your User Content in the Site.  You hereby irreversibly waive any claims and assertions of moral rights or attribution with respect to your User Content.

Acceptable Use Policy. The following terms constitute our “Acceptable Use Policy”: You agree not to use the Site to collect, upload, transmit, display, or distribute any User Content (i) that violates any third-party right or any intellectual property or proprietary right; (ii) that is unlawful, harassing, abusive, tortious, threatening, harmful, invasive of another’s privacy, vulgar, defamatory, false, intentionally misleading, trade libelous, pornographic, obscene, patently offensive, promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual; (iii) that is harmful to minors in any way; or (iv) that is in violation of any law, regulation, or obligations or restrictions imposed by any third party.

In addition, you agree not to: (i) upload, transmit, or distribute to or through the Site any software intended to damage or alter a computer system or data; (ii) send through the Site unsolicited or unauthorized advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages; (iii) use the Site to harvest, collect, gather or assemble information or data regarding other users without their consent; (iv) interfere with, disrupt, or create an undue burden on servers or networks connected to the Site, or violate the regulations, policies or procedures of such networks; (v) attempt to gain unauthorized access to the Site, whether through password mining or any other means; (vi) harass or interfere with any other user’s use and enjoyment of the Site; or (vi) use software or automated agents or scripts to produce multiple accounts on the Site, or to generate automated searches, requests, or queries to the Site.

We reserve the right to review any User Content, and to investigate and/or take appropriate action against you in our sole discretion if you violate the Acceptable Use Policy or any other provision of these Terms or otherwise create liability for us or any other person. Such action may include removing or modifying your User Content, terminating your Account in accordance with Section 8, and/or reporting you to law enforcement authorities.

If you provide Company with any feedback or suggestions regarding the Site, you hereby assign to Company all rights in such Feedback and agree that Company shall have the right to use and fully exploit such Feedback and related information in any manner it believes appropriate.  Company will treat any Feedback you provide to Company as non-confidential and non-proprietary.

You agree to indemnify and hold Company and its officers, employees, and agents harmless, including costs and attorneys’ fees, from any claim or demand made by any third-party due to or arising out of (a) your use of the Site, (b) your violation of these Terms, (c) your violation of applicable laws or regulations or (d) your User Content.  Company reserves the right to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims.  You agree not to settle any matter without the prior written consent of Company.  Company will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties.  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: “a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor.”

Cookies and Web Beacons. Like any other website, Momentumleap.comuses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Google DoubleClick DART Cookie. Google is one of a third-party vendor on our site. It also uses cookies, known as DART cookies, to serve ads to our site visitors based upon their visit to www.website.com and other sites on the internet. However, visitors may choose to decline the use of DART cookies by visiting the Google ad and content network Privacy Policy at the following URL – https://policies.google.com/technologies/ads

Our Advertising Partners. Some of advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below.

Google

https://policies.google.com/technologies/ads

Disclaimers

The site is provided on an “as-is” and “as available” basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages.  Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit.  You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

Copyright Policy.

Company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

your physical or electronic signature;

identification of the copyrighted work(s) that you claim to have been infringed;

identification of the material on our services that you claim is infringing and that you request us to remove;

sufficient information to permit us to locate such material;

your address, telephone number, and e-mail address;

a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and

a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Site.  Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to: PO Box 232, Lahaska, PA 18931. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the Company.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word “including” means “including without limitation”. If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved.  All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Address: PO Box 232, Lahaska, PA 18931

Email: support@momentumleap.com