MSP Mastered Terms and Conditions

If you do not agree with these Terms of Service, do not complete the subscription process.

These Terms of Service, including Legal Notices and Privacy Policy, contain the entire terms and conditions that apply to your use of the MSP Mastered® (hereinafter referred to as “MSPM”) online educational services (hereinafter referred to as “Services”), and its online properties and websites (collectively referred to herein as “Sites”).

These Terms of Service may be modified from time to time without notice.

These Terms of Service supersede any prior Terms of Service. The current version applies to your use of the Sites and Services both now and previously.

License

1. MSPM provides a limited, nontransferable, nonexclusive, revocable license to create a Master Account and login credentials for your Subscription upon initial registration to the Sites and Services, with the ability to invite users within your organization to create Sub Accounts under your Master Account with their own individual login credentials, thus allowing anyone within your organization access to the Sites’ content and Services available to your subscription level at any time. You are responsible for maintaining the confidentiality of these credentials and for any and all activities that occur under them. You agree to notify MSPM immediately of any unauthorized use of the login credentials or any other breach of security you become aware of by opening a ticket at https://mspmastered.com/contact. 
2. MSPM grants subscribers use of the content on its Sites for lawful purposes. You agree to comply with all local, state, national, and international laws, including copyright laws. The use of the MSPM Sites or Services for any criminal or illegal activities is strictly forbidden, and MSPM will take legal action against violations of this policy.
3. By subscribing, you hereby agree to access and use the Services for their intended purposes and not for any other purpose or to alter the content and/or Services in any way, including, but not limited to, removing or deleting any copyright notices. You agree to comply with all local, state, national, and international laws, including copyright laws.
4. This license does not include the right to collect or use information contained on the MSPM Sites or Services for purposes prohibited by MSPM, to compete with MSPM, or to create derivative works based on any and all content obtained through the Services.
5. You are strictly prohibited from distributing, publishing, offering for sale, licensing or sublicensing, giving or disclosing to any other party any content, information, documents, graphics, or other materials or content obtained through your use of the Services in whole or in part, in hard copy, digital form or any other medium whether existing or not yet existing for commercial or non-commercial purposes outside of your organization.
6. Your subscription to use MSPM’s Sites and Services is limited to you and/or your organization’s sole use only. Resale or use of MSPM’s Sites and Services to seek financial gain from providing MSPM’s Sites and Services to any third party without the express prior written consent of MSPM is strictly prohibited. By using MSPM’s Sites and Services, you acknowledge and agree that portions of the content may be provided to you by third-party licensors, and you hereby agree to adhere to and comply with any such third-party’s license(s) and to refrain from violating any such licensor’s intellectual property rights.

Content

1. At any time, MSPM may add or enable features such as forums, blogs, rating systems, or others that may enable subscribers to post content to its Sites. When you post to the Sites, you understand and agree that this may be viewed and used by other visitors to the Sites. MSPM does not condone and will not allow the publishing of explicit, unlawful, or offensive content.
2. By subscribing, you hereby certify that any content you post to the Sites is an original work of your authorship and that no other platform, person, or entity holds copyright to that content (even when content is posted by others who have Sub Accounts under your Master Account). You further agree to grant MSPM a non-exclusive, perpetual, irrevocable, unrestricted, transferable, fully sub-licensable, worldwide, royalty-free license to use, distribute, display, reproduce, perform, modify, adapt, publish, translate, and create derivative works from any content you post in any form, media or technology, whether now known or hereafter developed.

Third-Party Advertisements

1. You acknowledge and agree that MSPM may feature advertisements from MSPM or third parties. MSPM’s disclosure of information for third-party advertising is addressed in our Privacy Policy here: https://mspmastered.com/privacy-policy. 

Links to Third-Party Sites

1. MSPM’s Sites and Services may provide links to other websites or resources over which MSPM does not have control (“External Websites”). Such links do not constitute an endorsement by MSPM of those External Websites. You acknowledge that MSPM is providing these links to you only as a convenience and further agree that MSPM is not responsible for the content of such External Websites. Your use of External Websites is subject to the terms of use and privacy policies located on any linked External Websites.

MSPM Rights

1. You acknowledge and agree that MSPM reserves all intellectual and look and feel and copyrights to the layout, design, concept, content, and organization of the MSPM Sites and Services, including but not limited to all supporting documentation, files, marketing material, images, multimedia, and applets.
2. You acknowledge and agree that MSPM is the sole owner of all rights, titles and interest in the Services, the Sites, and all look and feel and content copyrights, patents, trademarks, and other intellectual property rights therein.
3. You acknowledge and agree that any use of the MSPM Sites, Services, technology, content, and/or look and feel and content copyrights, patents, trademarks, or other intellectual property rights other than as described in this Agreement is strictly prohibited.
4. You acknowledge and agree that the distribution of any MSPM Services, technology, look and feel or content copyrights, or other intellectual property obtained through the MSPM Sites to any third party not affiliated with your organization or company without the express written consent of MSPM is strictly prohibited. In addition, you agree not to copy the layout, design, concept, and organization of the Sites or Services at any time.
5. You agree not to use any of MSPM’s trade names, branding, service marks, or any other trade insignia without MSPM’s prior written consent.
6. You acknowledge and agree that MSPM, in its sole discretion, has the right to suspend or terminate your account and refuse all current or future use of MSPM Sites or Services for any reason at any time. Such termination will result in the deactivation or deletion of your Master Account and all Sub Accounts or your access to same, and the forfeiture and relinquishment of all content, training progress, or data in them. MSPM reserves the right to refuse service to anyone for any reason at any time.

No Warranty

1. Access to MSPM Sites and Services is provided “as-is,” “with all faults,” and “as available.”
2. MSPM does not guarantee the accuracy or timeliness of information available from the Sites and Services.
3. MSPM makes no warranty that the Sites and Services will meet your requirements.
4. No advice or information, whether oral or written, obtained by you through the Sites or Services shall create any warranty whatsoever, whether implied or otherwise.
5. Technical support is only available by opening a ticket at https://mspmastered.com/contact.

Limitation of Liability

1. You agree that in no event shall MSPM, its officers, directors, employees, vendors, advertisers, or agents be liable to you in any manner whatsoever for indirect, special, incidental, punitive, or consequential damages arising out of your use of the Sites or Services provided by MSPM, including but not limited to loss of data, profits or revenue.
2. Your sole and exclusive remedy with respect to the use of the Sites or any Services provided by MSPM shall be the cancellation of your subscription to the Sites and Services.

Indemnification

1. As a Subscriber, you agree to indemnify and hold harmless MSPM, its officers, directors, employees, vendors, advertisers, and agents against any and all liability, claims, suits, losses, costs, and legal fees caused by arising out of or resulting from any breach of your covenants under this Agreement or your use of the Sites or Services.

Subscription Payment Terms

1. All Subscriptions are for a minimum one (1) year term.
2. All Subscriptions are billed in advance on a monthly or yearly basis on their anniversary date.
3. All Subscriptions will automatically renew upon their anniversary date, using the payment method on file until you cancel your subscription.
4. All Subscription fees are exclusive of any applicable taxes, levies, or duties you or your organization may be liable for, and you are solely responsible for payment of all such taxes, levies, or duties.

Cancellation After Initial Subscription Term

1. Subscriptions can be canceled at any time after the first year. However, you need to notify us 30 days before the automatic renewal date if you want to cancel the automatic renewal. This will ensure that your cancellation is effective. We do not prorate or refund our services.
2. You and you alone are solely responsible for properly canceling your automatic renewal by opening a ticket at https://mspmastered.com/contact. You will receive a cancellation confirmation message by email.
3. If you cancel your Subscription before the end of its term, your account will be terminated at the end of its monthly or yearly term and you will not be charged again.
4. Upon cancellation of a Paid Subscription:
   1. You and your staff will no longer have access to Hiring & HR tools, Audio Books, Best Practice Guides, Books, Business Processes, Calculators, Documents, Forms, Tools, Marketing Collateral, KPIs, Slide Decks, Videos, and Webinars.
   2. You and your staff will no longer have access to structured Masterclasses, Training Modules, Classes, and their associated downloads and resources you have enrolled in that are not included in the Free Subscription
   3. If you have redeemed your Free Website benefit as a Paid Subscriber, your Free Website will be deleted and unrecoverable from our hosting systems. Should you decide to cancel your Paid Subscription, you always have the option to purchase your WordPress Website directly and migrate it to a host of your choice.

PLEASE NOTE THAT YOU AND YOU ALONE ARE SOLELY RESPONSIBLE FOR PROPERLY CANCELING YOUR SUBSCRIPTION BY FOLLOWING THE INSTRUCTIONS IN THIS SECTION. UNTIL YOU PROVIDE US WITH A COMPLETED CANCELLATION REQUEST, YOUR ACCOUNT WILL BE CHARGED MONTHLY OR YEARLY FOR YOUR SUBSCRIPTION FEE. INACTIVITY IN YOUR ACCOUNT WILL NOT CONSTITUTE A CANCELLATION.

Severability

1. The failure of MSPM to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service constitute the entire agreement between you and MSPM and govern your use of the Sites and Services, superseding any prior agreements between you and MSPM (including, but not limited to, any prior versions of the Terms of Service).

Applicable Law and Jurisdiction

1. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, United States.

Notices

1. By subscribing, you consent to receive electronic communications from MSPM and its partners and affiliates according to our Privacy Policy. These electronic communications may include notices about applicable fees and charges, transactional information, and other information concerning or related to our Sites and/or Services. These electronic communications are part of your relationship with MSPM and you receive them as part of your use of MSPM’s Sites and Services. You agree that any notices, agreements, disclosures, or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
2. Except as explicitly stated otherwise, all notices permitted or required under these Terms of Service shall be by email to us at [email protected], and to you at the email address you provide MSPM during the subscription process or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after the email is sent unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.
3. MSPM may modify these Terms of Service at its sole discretion by posting modifications on its websites. Your continued use of the Sites and Services after notices of modification constitutes your acceptance of the modifications. If you do not agree to the modifications, you should cancel your subscription to the Sites and Services.

MSP Mastered® Coaching Program Terms and Conditions

These Terms and Conditions, inclusive of the General Terms and Conditions contain the entire MSP Mastered® Coaching Program Terms of Service and supersede any prior Terms of Service. The current version applies to your use of the MSP Mastered® Coaching Program both now and previously.

1. MSP Mastered® Coaching Program Definitions
   1. “Coaching” means providing assistance and guidance to a business owner in running a business by helping them clarify the vision of their business and how it fits in with their personal goals. Further, it is a process that assists the owner in setting priorities, MSPM establishing goals, identifying resources, brainstorming, creating action plans, asking clarifying questions, and providing models, examples, and in-the-moment skills training and keeping them accountable so that they achieve success in taking their business from where it is now to where the business owner wants it to be.
   2. “Coach” means the person who provides Coaching for the business owner. The Coach promises that all information provided by the client will be kept strictly confidential, as permissible by law.
   3. “MSP Mastered® Coaching Program” means the set of trademarked processes, techniques, training and tools developed by Erick Simpson to improve a technology business’s performance delivered through a mixture of online Masterclasses, videos, webinars, downloads, templates and coaching calls.
   4. “Intellectual Property Rights” means
      1. Any and all rights in any patents, trademarks, service marks, registered designs, applications (and rights to apply for any of those rights) trade, business and company names, internet domain names and e-mail addresses, unregistered trademarks and service marks, copyrights, MSP Mastered® Coaching Program materials, database rights, know-how, rights in designs and inventions
         1. Rights under licenses, consents, orders, statutes or otherwise in relation to a right in paragraph 1.D.i
      2. Rights of the same or similar effect or nature as or to those in paragraphs 1.D.i and 1.D.ii which now or in the future may subsist
      3. The right to sue for past infringements of any of the foregoing rights

1. MSPM Obligations
   1. MSPM will provide a Coach capable of presenting the MSP Mastered® Coaching Program
   2. MSPM will deliver the MSP Mastered® Coaching Program with reasonable skill and care
   3. MSPM will provide an alternative Coach and will make alternative arrangements with you if for any reason the Coach assigned to any MSP Mastered® Coaching Program is not available and the non-availability of a Coach will not entitle you to take any action for breach of the agreement between us
   4. You acknowledge that MSPM does not warrant that it will always be able to supply a Coach to deal with or complete any MSP Mastered® Coaching Program within a specific period of time and that time is not of the MSPMsence in the delivery of the MSP Mastered® Coaching Program.
      You acknowledge that MSPM has the right, at its sole discretion, to change the content of any of the MSP Mastered® Coaching Program, how the MSP Mastered® Coaching Program is delivered, the dates upon which each part of the MSP Mastered® Coaching Program is provided and the Coaches

1. Your Obligations
   1. You acknowledge and agree that you or the person undertaking the MSP Mastered® Coaching Program will attend and participate in all parts of the program no matter how it is provided and will complete all and any assignments that are required to be completed as part of the program
   2. You acknowledge and agree that you will make every effort to be on time to all appointments. If you will be late, notify the Coach in advance. If you will miss an appointment, notify the Coach at least 48 hours in advance. Appointments missed without 48 hours’ notice will only be rescheduled at the Coach’s discretion.
   3. You acknowledge and agree that you will be honest and participate fully. Recognize that our sessions are a safe place to look at what you really want, and what it will take to make it happen.
   4. You acknowledge and agree that you will make a commitment to the action plans you create and do what you have agreed to do
   5. You acknowledge and agree that the power of the coaching relationship can only be granted by you and commit to making the relationship powerful. If you see that the coaching is not working as you desire, communicate, and take action to return the power to the relationship.
   6. You acknowledge and agree that MSPM cannot guarantee that any participant will achieve any specific result as a result of taking the MSP Mastered® Coaching Program
   7. You acknowledge and agree that if MSPM or a Coach requires any input from you while delivering the MSP Mastered® Coaching Program, you will provide it in a reasonable and timely manner
   8. You acknowledge and agree that any delay in the provision of the MSP Mastered® Coaching Program resulting from your failure or delay in complying with any of the provisions of program will not be the responsibility or fault of MSPM or a Coach
2. MSP Mastered® Coaching Program Procedure
   1. The coaching call schedule will be arranged between Coach and the client and can be booked up to three months in advance. The coaching call schedule may be altered and adjusted throughout the coaching journey by mutual agreement, in accordance with the MSP Mastered® Coaching Program terms and conditions.
   2. Coaching calls will take place between the client and their coach using a videoconferencing platform and leveraging video and desktop-sharing technologies.
   3. The Coach will assign the client tasks or exercises to complete between coaching sessions. There is no obligation on the client to complete these tasks, but not doing so may slow the client’s progress in achieving their desired business or personal outcomes.
   4. Where possible, clients are requested to submit any information requested by Coach relating to assignments at least 24 hours before the coaching session when they are to be discussed. The Coach will provide feedback on completed tasks and actions during coaching sessions.
   5. The client may contact the Coach by phone or email between sessions to share a success or seek clarification on a coaching issue.
   6. Support between sessions is seen by MSPM and a Coach as a necessary part of the coaching process, and will be evaluated on a reasonable and fair usage basis. Should a Coach determine in their sole discretion that the current MSP Mastered® Coaching Program tier the client has subscribed to is insufficient or unrealistic in its ability to meet client goals, the Coach will recommend upgrading client’s coaching plan to a more appropriate (higher) level
3. MSP Mastered® Coaching Program Fees and Payment
   1. The minimum commitment to engage in an initial MSP Mastered® Coaching Program is binding for a period of three months, and once completed can be extended for additional three-month periods by the client.
   2. Fees will be due and payable monthly in advance, and we do not prorate or refund our MSP Mastered® Coaching Program Fees
4. Intellectual Property Rights
   1. MSPM will retain ownership of any and all Intellectual Property Rights that may subsist in anything produced by providing the MSP Mastered® Coaching Program. Throughout the term of the agreement between us, MSPM will be deemed automatically to grant a royalty-free, non-exclusive licence of any and all such rights to the Client to use the same in accordance with these Terms and Conditions.
5. Liability
   1. Neither MSPM, any of its staff or any Coach will be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you or the individual receiving the MSP Mastered® Coaching Program or coaching arising directly or indirectly from or in any way connected with the MSP Mastered® Coaching Program or coaching or with any failure by MSPM to introduce or supply a Coach and, in particular, but without limitation to the foregoing, any such loss, injury, damage, expense or delay arising from or in any way connected with the failure of the MSP Mastered® Coaching Program to meet your requirements.
6. Disclaimer
   1. You acknowledge and agree that neither MSPM or the Coach is qualified to give legal, financial or any other professional advice and that any advice given is generic in nature and that you will at all times seek full independent professional advice before taking any action on any such advice tendered by MSPM or the Coach
   2. You acknowledge and agree that MSPM does not and cannot guarantee that you will receive any specific results from the MSP Mastered® Coaching Program or any action you take as a result of having taken the MSP Mastered® Coaching Program and you acknowledge and accept that any results you achieve are dependent upon your having completed the MSP Mastered® Coaching Program successfully and correctly applying the techniques and advice it provides in a way which is suitable for the business you operate and that MSPM or the Coach has no control of your use of the advice offered
7. Relationship of the Parties
   1. Nothing in these Terms and Conditions nor in the relationship between us will constitute or be deemed to constitute a partnership, joint venture, agency or other fiduciary relationship between the parties other than the contractual relationship expressly provided for in these Terms and Conditions.
8. Applicable Law and Jurisdiction
   1. These Terms of Service shall be governed by and interpreted in accordance with the laws of the State of California, United States.
9. Notices
   1. By engaging to the the MSP Mastered® Coaching Program, you consent to receiving electronic communications from MSPM and its partners and affiliates according to our Privacy Policy. These electronic communications may include notices about applicable fees and charges, transactional information and other information concerning or related to our Sites and/or Services. These electronic communications are part of your relationship with MSPM and you receive them as part of your use of MSPM’s Sites and Services. You agree that any notices, agreements, disclosures or other communications that we send you electronically will satisfy any legal communication requirements, including that such communications be in writing.
   2. Except as explicitly stated otherwise, all notices permitted or required under these Terms of Service shall be by email, to us at [email protected], and to you at the email address you provide MSPM during the subscription process, or to such other address as either of us shall specify in writing as our addresses for notice. Notice shall be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Evidence of successful transmission shall be retained.
   3. MSPM may modify these Terms of Service at its sole discretion by posting modifications on its websites. Your continued use of the Sites and Services after notices of modification constitutes your acceptance of the modifications. If you do not agree to the modifications, you should close your Account and cancel your subscription to the Sites and Services.