Terms Of Service | Mud Modular

Terms of service.

TERMS AND CONDITIONS

PLEASE READ CAREFULLY. THIS AGREEMENT REQUIRES THE USE OF ARBITRATION ON AN INDIVIDUAL BASIS TO RESOLVE DISPUTES, RATHER THAN COURTS OR JURY TRIALS, AND LIMITS THE REMEDIES AVAILABLE IN THE EVENT OF A DISPUTE.

The following terms ("Terms of Use") constitute an agreement between you and Mud Modular llc (collectively the “Mud Modular llc”) that governs your use of the websites owned by Mud Modular (collectively the “Website”) and all of the associated services, content, and functionality. The Websites are as follows:

PURCHASE POLICIES

On the Websites, you may purchase products and services , such as display products, training and consulting (all of the foregoing collectively the “Products and Services”) and these terms shall apply to the purchase and use of the Products and Services. You may purchase the Products and Services individually, through a membership or through a subscription. These terms will apply to all such purchases and any differences in their terms will be explicitly detailed. Some Products and Services are only available to you after being selected or approved by the applicable Mud Modular llc. The Mud Modular llc may deny the sale of any Products and Services to anyone at any time. Some Products or Services may be subject to separate terms or agreements. Those terms or contracts shall apply,

You will be required to select a payment plan and provide Mud Modular llc, llc’s third-party payment provider with information regarding your credit card or other payment instrument. You represent and warrant to the Mud Modular llc that such information is true and that you are authorized to use the payment instrument. You agree to pay the Mud Modular llc the amount that is specified in the payment plan in accordance with the terms of such plan and these Terms of Use. If you dispute any charges you must let Mud Modular llc know within sixty (60) days after the date that Mud Modular llc charges you. Mud Modular llc reserves the right to change the prices at any time. Your order will be cancelled if you choose a payment plan or subscription and do not complete the payments on schedule.

Refund Policy

Refunds are not available for Products and Services except in accordance with the terms set forth herein.

REGISTRATION & RESTRICTED ACCESS

Access to certain areas of the Websites may be restricted. Mud Modular llc reserve the right to restrict areas of the Websites at its sole discretion.

Some restricted areas of a Website may be made available to you as a registered user of that Website. When you are registered, you are required to create a user profile, which may include a username and password (“User Account”). You agree to keep your username and password confidential. You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights or another person or entity or is offensive, vulgar or obscene. If you suspect your password has been compromised, you must notify the applicable Mud Modular llc as set forth below:

Mud Modular llc will not be liable for any loss caused by the unauthorized use of your account; however, you may be liable to one or more Mud Modular llc or other third parties for any losses incurred due to such unauthorized use.

When you create a User Account with any Mud Modular llc, you guarantee that you are 18 years of age or older, are able to consent to these Terms of Use, and that the information you provide to us is accurate, complete, and current at all times. Violation of this paragraph may result in the immediate termination of your User Account without refund, in the applicable Mud Modular llc’s sole discretion.

A Mud Modular llc may disable your username and password at its sole discretion, refuse to register a user for the Products and Services, remove or edit any content contributed to the Websites or cancel any User Account. Mud Modular llc may, without notice, refuse access to its Websites or Products and Services, in whole or part, to any person that fails to comply with these Terms of Use.

The Mud Modular llc reserve the right to modify methods for registration and access levels of registered users from time to time.

LICENSE FOR USE OF PRODUCTS AND SERVICES

All Products and Services available on the Websites were developed solely for your personal use and may not be reproduced for publication or for the personal or commercial use of others without permission. You may not create any derivative works of the Products and Services. When you purchase any of the Products and Services, you agree that you will not use any information you gain from the Products and Services to create any product or service, whether offered for commercial or personal use, without express written consent of the applicable Mud Modular llc. Company reserves the right to seek equitable and compensatory relief for any violation of this term. All inquiries for use of Mud Modular llc intellectual property must be submitted to the applicable Mud Modular llc as follows:

GENERAL DISCLAIMER

The Mud Modular llc have made every effort to ensure that all information on the Websites have been tested for accuracy. The Mud Modular llc make no guarantees regarding the results that you will see from using the information provided on the Websites. Opinions, advice, statements or other comments should not necessarily be relied upon and are not to be construed as professional advice from any Mud Modular llc.

The Mud Modular llc hosts content that is created by third parties (“Third Party Content”). The Mud Modular llc does not guarantee that any of the Third Party Content shall be error free and it should not be relied upon by you. The Mud Modular llc specifically disclaims any and all liability for the Third Party Content.

The Mud Modular llc disclaim liability for incidental or consequential damages and assume no responsibility or liability for any loss or damage suffered by any person as a result of use of the information provided on the Websites. The Mud Modular llc assume or undertake no liability for any loss or damage suffered as a result of the use of any information found on the Websites.

BUSINESS COACHING AND CONSULTING DISCLAIMER

We have made every effort to ensure that all business information, including but not limited to any references to technology or business methodology, provided on the Websites has been tested for accuracy. There is no guarantee that you will see positive results to your business using the techniques and materials provided on the Websites. We assume no responsibility for your decisions or for policies or practices that you implement based on information on the Websites. Everything provided on the Websites is for informational purposes only.

INCOME OR EARNINGS INFORMATION DISCLAIMER

Any statements related to income or earnings potential on the Websites are examples of what may be possible in the future. We make no guarantees regarding results, present or future. We are not responsible for your earnings, income, sales, or any other performance as a result of the actions you take based upon the information provided on the Websites. The Websites are provided for informational purposes only.

YOUR RESPONSIBILITY

The Websites were developed strictly for informational purposes. You understand and agree that you are fully responsible for your use of the information provided on the Websites. The Notoriety, llc make no representations, warranties or guarantees. You understand that results may vary from person to person. Mud Modular llc assume no responsibility for errors or omissions that may appear in the Websites.

USE OF THE WEBSITE

Unless otherwise stated, the applicable Mud Modular llc own the intellectual property and rights to all content and material on the Websites. Subject to the license below, all intellectual property rights are reserved.

You may view, download (for caching purposes only), and print pages for your personal use, subject to the restrictions set out below and elsewhere in these Terms of Use.

The following uses are not permitted:

Republication of content from the Websites, unless content is specifically and expressly made available for republication;
Sale, rental or sub-license of any content from the Websites;
Reproduction or duplication of any content on the Websites for commercial purposes;
Modification of any content on the Websites, unless content is specifically and expressly made available for modification;
Redistribution of content of the Websites, unless content is specifically and expressly made available for redistribution. Users are permitted to share content on social media channels, as long as a link to the applicable Website is included.

From time to time, the Websites will utilize various plugins or widgets to allow sharing of content via social media channels, email or other methods. Use of these plugins or widgets does not constitute any waiver of any Mud Modular llc’s intellectual property rights. Such use is a limited license to republish the content on the approved social media channels, with full credit to the applicable Mud Modular llc.

You must not use any Website in a way that causes, or may cause, damage to a Website or impairs the availability of access to a Website. You must not decompile, reverse engineer, disassemble or otherwise reduce any Website, except to the extent that such activity is expressly permitted by applicable law. You must not use a Website to copy, store, host, transmit, send, use, publish or distribute any material that consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit and/or other harmful code or malicious software.

You must not conduct any systematic or automated data collection activities, including, but not limited to scraping, data mining, data extraction or data harvesting on or in relation to any Website without the applicable Mud Modular llc’s express written permission.

You must not use any Website to transmit or send any unsolicited commercial communications.

You must not use any Website for any third-party marketing without applicable Mud Modular llc's express written permission.

INTELLECTUAL PROPERTY

All original materials provided by the companies are owned by such Mud Modular llc. Any original materials are provided for your individual use only. You are not authorized to use or transfer any Mud Modular llc’s intellectual property. All intellectual property remains the property of the applicable Mud Modular llc. No license to sell, distribute, reproduce, prepare a derivative work, display or perform is granted or implied. Mud Modular llc will be entitled to injunctive relief to prohibit any such violations to protect against the harm of such violations.

Certain of the names, logos, and other materials displayed on the Websites constitute Mud Modular llc’ intellectual property, including, but not limited to, patents, trademarks, service marks, trade secrets and copyrights (" Mud Modular llc IP"). You are not authorized to use any Mud Modular llc IP without the applicable Mud Modular llc’s express consent. Ownership of Mud Modular llc IP remains with the applicable Mud Modular llc and you agree not to make any claims or assertions of any other party's ownership of Mud Modular llc IP.

Mud Modular llc trademarks and trade dress may not be used in connection with any product or service that is not the applicable Mud Modular llc's, in any manner likely to cause confusion among consumers or in any manner that disparages or discredits a Mud Modular llc.

EQUITABLE RELIEF

You acknowledge and agree that in the event of certain breaches of the Terms of Use, Mud Modular llc may suffer irreparable injury, such that no remedy at law will afford it adequate protection against, or appropriate compensation for, such injury. Accordingly, you agree that each Mud Modular llc shall be entitled to any injunctive relief, without having to post a bond, as may be granted by a court of competent jurisdiction.

Unless otherwise noted, the design, content and all components of the Websites are copyrights owned by the applicable Mud Modular llc or third parties and are protected by United States and international copyright laws and should not be reused or republished without express written permission.

The Websites contain copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound, and the entire contents of the Websites are copyrighted as a collective work under the United States copyright laws. Each applicable Mud Modular llc owns copyright in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part. You may download copyrighted material for your personal use only. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without the express permission of the applicable Mud Modular llc. You acknowledge that you do not acquire any ownership rights by downloading copyrighted material.

TRADEMARKS

Mud Modular llc trademarks and trade dress may not be used in connection with any product or service that is not the applicable Mud Modular llc’s, in any manner likely to cause confusion among consumers, or in any manner that disparages or discredits any Mud Modular llc, any Website, or the experts featured on any Website.

From time to time, the Websites will legally utilize trademarks owned by third parties related to a Mud Modular llc’s services. These trademarks are the respective property of their owners.

GRANT OF RIGHTS

You grant each Mud Modular llc, a worldwide, irrevocable, non-exclusive, royalty-free license to use, reproduce, adapt, publish, translate and distribute any content you contribute to the Websites, Courses, or Memberships. This includes, but is not limited to, text, images, audio material, comments, video material and audio-visual material. This license extends to all known and future media. You also grant each Mud Modular llc the right to sub-license these rights and the right to bring an action for infringement of these rights. By posting content to any Website, Membership or Course, you represent that you have the right to grant these permissions for use of such content by the Websites, Mud Modular llc sublicensees.

CONTENT CONTRIBUTED TO THE WEBSITE
Any content you contribute to any Website, Membership, or Course, including, but not limited to text, images, audio material, comments, video material and audio-visual material, must not be illegal or unlawful, may not infringe on any third-party's legal rights, and must not be capable of giving rise to legal action whether against you or a Mud Modular llc or a third party.

Each Mud Modular llc reserves the right to edit or remove: (i) any material submitted to its Websites, Memberships, or Courses; (ii) stored on its servers; or, (iii) hosted or published on its Websites, Memberships, or Courses. The Mud Modular llc take no responsibility and assume no liability for any content posted by you or any third party.

Notwithstanding the Mud Modular llc’ rights under the Terms of Use, Mud Modular llc Company undertakes to monitor the submission of content to, or the publication of such content on, the Websites, Memberships, or Courses and Mud Modular LLC is responsible for such content.

COMMENT POLICY

The Websites offer the option for you to leave comments, engaging with the Websites’ posts. The following types of comments will not be tolerated and will be deleted:

harassment directed toward any content creator or Mud Modular llc;
spam;
hate speech;
defamatory to a Mud Modular, llc or any third party;
reference illegal acts; or,
violate the legal rights of a third party.

Each Mud Modular llc's sole discretion will be used to determine if a comment is in violation of this comment policy. Any comments in violation will be promptly deleted and no further explanation will be due to you if your comment was determined to be in violation with this policy.

TAKEDOWN REQUESTS

From time to time, the Websites will publish posts with images from other third-party websites. Any such use is considered fair use under copyright laws and is fully attributed to the owner. If you believe that your copyrighted work has been used on a Website in a way that constitutes copyright infringement and falls outside of fair use, please send a request to the applicable Website as set forth and such Website will remove the image within 24 to 48 hours.

For all of the websites, please contact: amy@mudmodular.com

In accordance with the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512, the Mud Modular, llc have implemented procedures for reporting instances of copyright infringement.

If you are a copyright holder, or its authorized representative, and believe in good faith that content residing or accessible on or through and of the Websites infringes your copyrighted work, you may submit a notice of copyright infringement by sending a written notice of copyright infringement to our designated agent, whose contact information is listed below.

Notice may be sent to:

By Mail:Mud Modular , DMCA Agent

2851 W Princeton Ave, Eau Claire, WI 54703

By e-mail:amy@mudmodular.com

The notice of copyright infringement should provide the following information:

A clear description of the copyrighted work that you claim has been infringed (if multiple copyrighted works are covered by a single notification, you may provide a representative list of such works).
A description of the material that you claim is infringing.
Information reasonably sufficient to permit us to locate the allegedly infringing material (please be as detailed as possible and provide web addresses (URLs) leading directly to the material).
Your contact information, including your address, telephone number, and an e-mail address.
A statement that you have a good faith belief that use of the copyrighted materials in the manner asserted is not authorized by the copyright owner, its agent, or the law.
A statement that the information in the notification is accurate, and under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Your physical or electronic signature (typing your full legal name is sufficient).

Counter-Notification If material that you have posted to our Site has been taken down, you may file a counter-notification that contains the following details:

Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
A statement, under penalty of perjury, that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material in question;
Your name, address and telephone number;
A statement that you consent to the jurisdiction of federal district court in the federal district court in the District of Arizona, and that you will accept service of process from the person who provided notification in compliance with section 512 (c)(1)(C) of the DMCA, or an agent of such person.
Your physical or electronic signature.

Notice may be sent to:

By Mail: Mud Modular, DMCA Agent

2851 W Princeton Ave, Eau Claire, WI 54703

By e-mail:amy@mudmodular.com

You also acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may temporarily or permanently remove the identified materials from our site without liability to you or any other party.

Please note that we may forward the notice of copyright infringement (or information contained therein), as well as the complainant’s contact information, to the party who posted the allegedly infringing content. Additionally, if we remove or disable access to the content pursuant to a valid DMCA notice, Mud Modular llc will immediately notify the owner of the content that the content has been removed or disabled.

It is also the policy of Mud Modular llc, in appropriate circumstances and in our sole discretion, to suspend or terminate the accounts of publishers who are repeat copyright infringers.

Confidential Information. As stated above, all communications sent by you to us will be treated as non-confidential and non-proprietary (subject to our privacy policy). Please do not submit confidential or proprietary information to us (including patentable ideas, new content suggestions or business proposals) unless we have mutually agreed in writing otherwise. Ideas that we receive unsolicited will be treated as property owned by the Company and will not be returned to you.

COMMUNICATION

If you send Mud Modular llc an email, register to use a Website or provide your email to a Mud Modular llc in any other way, you consent to receive communications from such Mud Modular llc electronically. You agree that all legal notices provided via electronic means from the Mud Modular llc satisfy any requirement for written notice.

CHILDREN'S INFORMATION

The Websites do not knowingly collect any personally identifiable information from children under the age of 16. If a parent or guardian believes that a Website has personally identifiable information of a child under the age of 16 in its database, please contact the applicable Website as set forth below and such Website will use its best efforts to promptly remove such information from its records.

THIRD PARTIES

The Websites may contain links to third-party websites that are not governed or controlled by a Mud Modular llc. You represent and warrant that you have read and agree to be bound by all applicable Terms of Use and policies for any third-party website that relates to your use of the Websites. The Mud Modular llc assume no control or liability over the content of any third-party sites. You expressly hold harmless each Mud Modular llc from any and all liability related to your use of a third-party website.

Prior to engaging in any meetings, events, or commercial transactions with any third parties discovered through or linked on any Website, you must complete any necessary investigation or due diligence. You understand that the Mud Modular llc do not perform psychological testing or background checks on the individuals who may use the Websites, Memberships, Courses or a Mud Modular llc’s services. You understand and agree that you are solely responsible for your actions and decisions to meet other individuals who you meet online by virtue of the Websites, Memberships, or Courses or services provided on the Websites. If there is a dispute for any events or commercial transactions with a third party discovered through or linked on the Websites, Courses, or Memberships, you expressly hold each Mud Modular llc harmless from any and all liability in any dispute.

NO WARRANTIES

The Websites are provided on an "as is" and "as available" basis without any representations or warranties, expressed or implied. No Mud Modular llc makes any representations or warranties in relation to the Websites, or the information and materials provided therein.

Mud Modular llc make no warranty the Websites will meet your requirements; will be available uninterrupted; error free, timely and free of viruses or bugs; or represents the full functionality, accuracy, and reliability of the Websites. Mud Modular llc are not responsible to you for the loss of any content or material uploaded or transmitted through the Websites. The Websites are written in English and makes no warranty regarding translation or interpretation of content in any language.

LIMITATION OF LIABILITY

TO THE EXTENT ALLOWABLE BY LAW, EACH MUD MODULAR LLC AND ITS OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, LICENSEES AND WEB HOSTING SERVICES WILL NOT BE LIABLE FOR ANY DIRECT, CONSEQUENTIAL, INCIDENTAL, INDIRECT, EXEMPLARY, PUNITIVE OR SPECIAL DAMAGES OF ANY KIND, HOWEVER CAUSED, INCLUDING LOSS OF PROFITS, REVENUE, DATA OR USE, INCURRED BY YOU, WHETHER UNDER THEORY OF CONTRACT, TORT (INCLUDING NEGLIGENCE), WARRANTY OR OTHERWISE, EVEN IF THE OTHER PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO USE OF ANY WEBSITE OR THE TERMS OF USE MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.

INDEMNITY

You agree to defend, indemnify and hold each Mud Modular llc, its members, employees, officers, directors, managers and agents harmless from and against any and all losses, claims, suits, actions, liabilities, obligations, costs and expenses (including reasonable attorneys' fees and expenses) which Mud Modular llc suffers as a result of third-party claims based on: (i) your negligence or intentional misconduct, (ii) your breach of any provision of the Terms of Use (including representation or warranty); (iii) materials prepared or provided by you including, but not limited to, any claims of infringement, or misappropriation of copyright, trademark, patent, trade secret, or other intellectual property or proprietary right, infringement of the rights of privacy or publicity, or defamation or libel; or (iv) death, personal injury, or property damage arising out of, or relating to, your obligations hereunder.

ARBITRATION

The Terms of Use will be governed and construed in accordance with the laws of the state of Wisconsin without reference to its conflict of law provisions. Any controversy or claim arising out of or relating to the Terms of Use, or the breach thereof, shall be settled with the applicable Mud Modular llc by arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules, and judgment on the award rendered by the arbitrator(s) may be entered in any court having jurisdiction thereof. The place of any such arbitration shall be in Eau Claire County, Wisconsian. The parties also agree that the AAA Optional Rules for Emergency Measures of Protection shall apply to the proceedings. This section provides the sole recourse for the settlement of any disputes arising out of, in connection with, or related to the Terms of Use. Notwithstanding the foregoing, any action seeking injunctive relief shall be submitted to the courts and shall not be subject to this provision.

THE PARTIES WAIVE ANY RIGHT TO ASSERT ANY CLAIMS AGAINST THE OTHER PARTY AS A REPRESENTATIVE OR MEMBER IN ANY CLASS OR REPRESENTATIVE ACTION, EXCEPT WHERE SUCH WAIVER IS PROHIBITED BY LAW OR DEEMED BY A COURT OF LAW TO BE AGAINST PUBLIC POLICY. TO THE EXTENT EITHER PARTY IS PERMITTED BY LAW OR COURT OF LAW TO PROCEED WITH A CLASS OR REPRESENTATIVE ACTION AGAINST THE OTHER, THE PARTIES AGREE THAT: (I) THE PREVAILING PARTY SHALL NOT BE ENTITLED TO RECOVER ATTORNEYS’ FEES OR COSTS ASSOCIATED WITH PURSUING THE CLASS OR REPRESENTATIVE ACTION (NOTWITHSTANDING ANY OTHER PROVISION IN THIS AGREEMENT); AND (II) THE PARTY WHO INITIATES OR PARTICIPATES AS A MEMBER OF THE CLASS WILL NOT SUBMIT A CLAIM OR OTHERWISE PARTICIPATE IN ANY RECOVERY SECURED THROUGH THE CLASS OR REPRESENTATIVE ACTION.

MISCELLANEOUS PROVISIONS

If any provision(s) of the Terms of Use is held to be invalid, illegal or unenforceable, the remaining provisions shall be severable and enforceable. In addition, in such event the unenforceable or invalid provision shall be deemed to be modified to the extent necessary to (i) render it valid and enforceable and (ii) give the fullest effect possible to the original intent of the provision.

The Terms of Use may not be assigned by you without the applicable Mud Modular llc prior written consent, however, the Terms of Use may be assigned by Mud Modular llc in its sole discretion.

The Terms of Use are the final, complete and exclusive agreement of the parties with respect to the Websites offered by, and the Products and Services provided by Mud Modular llc.

The failure of a Mud Modular llc to exercise or enforce any right or provision hereunder shall not operate as a waiver of such right or provision. Any waiver of the Terms of Use by a Website or Mud Modular llc must be in writing and signed by an authorized representative of the applicable Mud Modular llc.

Last updated: June 10, 2021.