TERMS AND CONDITIONS
By visiting and using
https://makingitrain4u.com/ (hereinafter the “Website”), you accept
and agree to be bound by these Terms and Conditions, including our
Disclaimer and Privacy Policy, which are posted on the website and
incorporated herein by reference.
The term “you” refers to anyone who uses, visits, and/or views the
website. Making It Rain 4 U, Inc. (“the Company”, “I”, “we”
or “us”) reserves the right to amend or modify these Terms and
Conditions in its sole discretion at any time without notice, and by
using the website, you accept such amendments. You are responsible for
checking the website for updates periodically.
Your continued use of the website after posting of any changes to our
Terms and Conditions constitutes your acceptance of those changes and
updates. You must not access or use the website if you do not wish to be
bound by these Terms and Conditions.
MANDATORY ARBITRATION AND GOVERNING LAW
You expressly waive any legal claims you may have, now or in the future,
arising from or related to the website and our products or services. In
the event of a dispute, claim, or controversy arising from or relating
to your use of this website, the terms and conditions shall be construed
under the laws of the state of Texas, United States You agree first to
resolve any disputes or claims through mandatory arbitration, and you
consent to and submit to the jurisdiction and courts of Texas, without
regard to conflict of law principles or where the parties are located at
the time of the dispute.
You agree to bear the full cost of arbitration, to the extent permitted
by law. Participation in arbitration in good faith is a condition
precedent to pursuing any other legal or equitable remedies, such as
litigation or other legal procedures. You also agree that if a legal
claim is filed after the required arbitration, the prevailing party
shall be entitled to recover reasonable attorney’s fees and other legal
costs.
INTELLECTUAL PROPERTY
All content on this website including but not limited to text, posts,
logos, marks, graphics, files, materials, services, products, videos,
audio, applications, computer code, designs, downloads, and all other
information here (collectively, the “Content”) is owned by us and is
protected by copyright, trademark and other intellectual property and
unfair competition laws except for any content from others that we are
lawfully permitted to use. You are granted a limited, revocable license
to print or download Content from the website for your own personal,
non-commercial, non-transferable, informational, and educational use
only, provided that it does not violate any copyright, trademark,
intellectual property, or proprietary rights.
You agree not to copy, duplicate, steal, modify, publish, display,
distribute, reproduce, store, transmit, post, create derivative works,
reverse engineer, sell, rent, or license any part of the Content in any
way to anyone, without our prior written consent. You agree to abide by
the copyright, trademark laws, and intellectual property rights, and
shall be solely responsible for any violations of these terms and
conditions.
USER CONTENT AND LAWFUL USE OF THE WEBSITE
For any Content or information that you upload, display, post, transmit,
send, email, or submit to us on the website or any of our social media
sites, you warrant that you are the owner of that Content or have
express permission from the owner of those intellectual property rights
to use and distribute that Content to us.
You grant us and/or our officers, employees, successors, shareholders,
joint venture partners, or anyone else working with us a royalty-free,
perpetual, irrevocable, worldwide, non-exclusive right and license to
identify you, publish, post, reformat, copy, distribute, display, edit,
reproduce any Content provided by you on our website and any of our
social media sites for any purpose. You shall be solely liable for any
damages resulting from any infringement of copyrights, trademarks, or
other proprietary rights of any Content or information that you provide
to us.
You agree not to upload, display, post, transmit, distribute, send,
email, or submit to us on the website or any of our social media sites
any information or Content that is:
(a) illegal, violates or infringes upon the rights of others,
(b) defamatory, abusive, profane, hateful, vulgar, obscene, libelous,
pornographic, threatening,
(c) encourages or advocates conduct that would constitute a criminal
offense, giving rise to civil liability, or otherwise violate any law,
(d) distribute material, including but not limited to spyware, computer
viruses, any malicious computer software, or any other harmful
information that is actionable by law,
(e) any attempts to gain unauthorized access to any portion or feature
of the website, and
(f) send unsolicited or unauthorized material or disrupt the operation
of the website. You agree to use the website for lawful purposes only
and shall be liable for damages resulting from the violation of any
provision contained in these Terms and Conditions.
THIRD-PARTY LINKS
The website may contain links to third-party websites or resources for
your convenience. We may serve as an affiliate for some third-party
websites by offering or advertising their products or services on our
website; however, we do not own or control these third-party websites.
Once you click on a third-party link and leave this website, you are no
longer bound by our terms and conditions.
You agree that we are not responsible or liable for the accuracy,
content, or any information presented on these third-party websites. You
assume all risks for using these third-party websites or resources, and
any transactions between you and these third-party websites are strictly
between you and the third party. We shall not be liable for any damages
resulting from your use of these third-party websites or resources.
USE OF OUR PAID AND FREE PRODUCTS
On this website, we may offer free products for download, as well as
sell paid courses, programs, physical or digital products, and other
related materials (collectively, “products”). All of our products and
services, including all content, are protected under U.S. and
international copyright laws. You are granted a limited, revocable
license to print or download Content from our digital products for your
own personal, non-commercial, non-transferable, informational, and
educational use only, provided that it does not violate any copyright,
trademark, intellectual property, or proprietary rights. Copying or
storing our content for any purpose other than personal use is strictly
prohibited without our prior written consent.
You acknowledge and agree that you have no right to share, modify, sell,
edit, copy, reproduce, create derivative works of, reverse engineer,
enhance, or exploit our products. You may not sell or redistribute any
of our products, whether free or paid, without our prior express written
consent. You agree to abide by the copyright, trademark laws, and
intellectual property rights, and shall be solely responsible for any
violations of these terms and conditions.
TERMINATION
We reserve the right, in our sole discretion, to refuse, remove,
restrict your access to, revoke, and terminate your use of our website,
including any or all Content published by you or us, at any time for any
reason, without notice.
As these are digital products that are immediately available, there are
NO REFUNDS.
All sales of products and/or services on this website are final. No
refunds are allowed. There will be no exceptions. Please carefully
review all products before purchasing to ensure you have selected the
correct one. We truly believe in giving more than receiving, and each of
our products and services is designed by keeping this core principle in
mind. The prices are intentionally kept reasonably low compared to
market value to provide you with the tools and information you need at
an affordable price. Failure to use the product you purchased from us
does not entitle you to refuse payment of any associated charges.
NO WARRANTIES
ALL CONTENT, INFORMATION, PRODUCTS AND/OR SERVICES ON THE WEBSITE ARE
“AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY REPRESENTATIONS OR
WARRANTIES OF ANY KIND, INCLUDING THE WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR ANY PURPOSE, EXPRESS OR IMPLIED, TO THE FULL EXTENT
PERMISSIBLE BY LAW. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES AS TO
THE CONTENT, INFORMATION, MATERIALS, PRODUCTS, AND/OR SERVICES PROVIDED
ON THIS WEBSITE. COMPANY MAKES NO WARRANTIES THAT THE WEBSITE WILL
PERFORM OR OPERATE TO MEET YOUR REQUIREMENTS OR THAT THE INFORMATION
PRESENTED HERE WILL BE COMPLETE, CURRENT, OR ERROR-FREE. COMPANY
DISCLAIMS ALL WARRANTIES, IMPLIED AND EXPRESS, FOR ANY PURPOSE TO THE
FULL EXTENT PERMITTED BY LAW.
LIMITATION OF LIABILITY
You agree that under no circumstances, we and/or our officers,
employees, successors, shareholders, joint venture partners, or anyone
else working with us shall be liable for any direct, indirect,
incidental, consequential, equitable, special, punitive, exemplary or
any other damages resulting from your use of this website including but
not limited to all the content, information, products, services and
graphics presented here.
You expressly agree that your use of the website is at your sole risk
and that you are solely responsible for the accuracy of the personal and
any information you provide, the outcome of your actions, personal and
business results, and for all other use in connection with the website.
You also expressly agree that we and/or our officers, employees,
successors, shareholders, joint venture partners or anyone else working
with us shall not be liable to you for any damages resulting from 1) any
errors or omissions on the website, delay or denial of any products or
services, failure of performance of any kind, interruption in the
operation and your use of the website, website attacks including
computer virus, hacking of information, and any other system failures;
2) any loss of income, use, data, revenue, profits, business or any
goodwill related to the website; 3) any theft or unauthorized access by
a third party of your information from the website regardless of our
negligence; and 4) any use or misuse of the information, products and/or
services offered here.
This limitation of liability shall apply whether such liability arises
from negligence, breach of contract, tort, or any other legal theory of
liability. You agree that we provide no express or implied guarantees
regarding the content presented here, and you acknowledge that no
specific results are promised to you.
INDEMNIFICATION
You agree to indemnify and hold the Company and/or its officers,
employees, successors, shareholders, joint venture partners, or anyone
else working with us harmless from all losses, claims, damages, demands,
actions, suits, proceedings, or judgments, including costs, expenses and
reasonable attorneys’ fees (“Liabilities”) assessed against or otherwise
incurred by you arising, in whole or in part, from (a) actions or
omissions, whether done negligently or otherwise, by you, your agents,
directors, officers, employees or representatives; (b) all your actions
and use of the website including purchasing products and services; (c)
violation of any laws, rules, regulations or ordinances by you; or (d)
violation of any terms and conditions of this website by you or anyone
related to you; e) infringement by you or any other user of your account
of any intellectual property or other rights of anyone. The Company will
notify you promptly of any such claims or liabilities and reserves the
right to defend such claims, liabilities, or damages at your expense.
You shall fully cooperate and assist us, without any cost, if requested
to defend any such claims.
WAIVER OF CLASS ACTIONS
You agree that any dispute arising from or related to this Agreement
will be resolved solely between you and the Company. You waive your
right to bring a class action against us and agree not to bring claims
against us as a member of a class or as a representative.
ENTIRE AGREEMENT
These Terms and Conditions, along with our Privacy Policy and
Disclaimer, constitute the entire agreement between you and us for this
website. It supersedes all prior or contemporaneous communications,
discussions, negotiations, or proposals we may have had with you,
whether electronic, oral, or written.
A printed version of this entire agreement, including the Privacy Policy
and Disclaimer, and any notice given in electronic form, shall be
admissible in judicial or administrative proceedings concerning this
website to the same extent and given the same effect as other business
contracts and documents kept and maintained in printed form.
SEVERABILITY
If any provision in these Terms and Conditions is deemed invalid or
unenforceable by a court, regulatory authority, or other public or
private tribunal of competent jurisdiction, such provision shall be
deemed omitted from this Agreement. The remainder of this Agreement
remains in full force and effect, and is modified to the extent
necessary to give such force and effect to the remaining provisions, but
only to the extent required.
MODIFICATIONS
Company reserves the right, in its sole discretion and without notice,
to (a) revise these Terms and Conditions; (b) modify the website and/or
any services or products it offers; and (c) discontinue the website
and/or products or services at any time. Any changes to these terms will
take effect immediately. You agree to review these Terms and Conditions
and any other online policies posted on the website regularly to be
aware of any changes. You agree to be bound by the revised terms if you
continue to use or access the website after these modifications take
effect.
ACKNOWLEDGEMENT
By using any of our products, services, or accessing the site, you
acknowledge that you have read and agree to be bound by these terms and
conditions.
CONTACT
For any questions, please contact us at support@makingitrain4u.com.