Terms

INTRODUCTION

The following terms and conditions apply between You, the User of this website or any other website (e.g. mogoalwealthcoaching.com, www.eddavisthemogoal.com, www.170kprofit.com, www.mogoal.co, corporatedropout.com) that is jointly owned or affiliated with www.mogoal.co (“Website”), the User of the Mogoal downloadable software application (“Application”), the Enrollee or Attendee of The Mogoal App Company, LLC course offering “Course”), and/or the User of the online/downloadable content made available in connection with any of the foregoing (“Digital Content”) (all of the foregoing collectively referred hereinafter as “User” or “You” or “Your”), and Mogoal Wealth Coaching, LLC (“MWC”). Please read these terms and conditions carefully, as they affect Your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon Your first use of the Website and/or upon Your first download of the Application and/or upon Your enrollment or attendance in the Course and/or upon Your download of any Digital Content. If You do not agree to be bound by these terms and conditions, You should stop using the Website immediately, delete the Application from Your device, cease attending the Course, and/or cease all use of any Digital Content.

DEFINITIONS

As used herein, the term “User” means any third-party that accesses the Website, that downloads the Application, and/or who enrolls in the Course, and/or who uses any of the Digital Content (“Student”) or other offering made by MWC and/or who subscribes to or uses in any way the Digital Content offered by MWC. You must be at least 18 years of age to use the Website, the Application, to enroll in the Course offered by MWC, and/or to access or use any Digital Content. By using the Website and/or the Application and/or by enrolling in the Course offered by MWC and/or by downloading/using any Digital Content, you hereby agree to the terms and conditions set forth herein and You represent and warrant that You are at least 18 years of age.

IN-PERSON MOGOAL COURSES:

Payment

Prepayment is a requirement for enrollment, and Your enrollment and space in the program is confirmed only after payment has been received by MWC. You will only be granted access to Course resources after You have registered and paid for the Course in full. Payment is to be made in full at the time of registration and can be made using any of the MWC payment options then available either through the Website or in-person at a live MWC event.

All payments made to MWC are non-refundable. While MWC does not offer refunds, in the event that You cannot attend the in-person course for which You have registered and paid, MWC may provide You with a credit towards a future offered class cycle of the same type and which is of equal value, which must be used within 180 days of the original in-person course for which You registered and paid. Under no circumstances can You transfer Your credit to another person or entity. If You registered for an in-person course, the credit You receive may be applied to a virtual course offering which is of equal value only by submitting a written request to MWC no less than seven (7) days prior to the start date of the virtual course you wish to attend and upon receiving confirmation of your enrollment in said virtual course by MWC prior to the start date of the course; the virtual Course you switch to must be offered within 180 days of the original in-person course for which You registered and paid. MWC cannot guarantee any transfer. There will be no transfers once a course has commenced.

MWC reserves the right to cancel any program at any time for any reason. In the event that a course is canceled by MWC, MWC may allow You on a case-by-case basis to have a credit in the amount that You paid, which You can then apply to a future MWC course offering of the same type and of equal value. In the event that MWC is found to be liable by a court of competent jurisdiction and according to the terms and conditions set forth herein, MWC’s liability for cancellation of a Course shall be limited to one-hundred dollars (US$100.00) and MWC shall not be liable for any additional costs or expenses incurred by You.

MWC is not responsible for travel or related costs under any circumstances. Participants may want to consider purchasing trip cancellation insurance in the unlikely event that a program is canceled, or they cannot attend for personal, professional, or any other reasons.

Transfers: You may defer Your enrollment in the in-person course for which You originally enrolled, provided You give written notice to MWC within seven (7) calendar days of purchase and no less than fourteen (14) calendar days prior to the start date of the course. Such deferment to a subsequent in-person program will be permitted within 180 days of the original program’s start date only, and provided that there are seats available in the requested program. MWC does not guarantee another in-person program will be offered within 180 days and MWC will not provide you with a credit or refund of any kind in the event that it does not offer another in-person program within the above-stated timeframe. If the participant would like to transfer to a more expensive program, the participant will need to pay the difference between the cost of the original program and the subsequent program. Any credit shall expire if unused after 180 days of the original program’s start date and shall be forever forfeited and non-refundable. If You wish to enroll in another offering of the course for which You registered, You must provide written notice to MWC within seven (7) days of purchase and no less than fourteen (14) days before the start of the course and reapply to a future course offering. MWC cannot guarantee any transfer and cannot guarantee any future course offerings. There will be no transfers once a course has commenced.

Communications

All communications shall take place during MWC in-person events only. Please do not call, text, or send direct messages to MWC, Ed Davis, or any other employees or affiliates of MWC. MWC may provide to You log-in credentials so that You can participate in virtual communications as may be offered from time to time by MWC. For customer service needs You must email [email protected]. MWC is not responsible for Your failure to properly contact MWC for any issue.

ONLINE VIRTUAL MOGAL COURSES:

Services Provided

MWC’s 90-Day Coaching Package may vary from offering to offering but will typically include at least the following services:

Mogoal Financial Freedom Online Course: MWC grants You access to an online course. On or shortly after Your enrollment and payment for same, MWC will provide You with log-in credentials (username and password) to gain access to this online course.
Weekly Video Group Coaching: MWC will host weekly video conference meetings to provide group coaching to all participants in the 90-Day Coaching Package. Ed Davis and/or another representative of MWC will facilitate these weekly meetings. The purpose of these Weekly Video Meetings is for the participants to support each other, hold each other accountable for their goals, and to ask Mr. Ed Davis and/or another MWC representative questions. The Weekly Video Group Coaching sessions will take place on an online video web conferencing platform (e.g., Zoom, Facebook, Teams, HangOuts, Meet, FaceTime, etc.) to be determined or established by MWC. MWC will notify and provide You with the information for the weekly video group coaching on or after Your enrollment in and payment for a MWC online course.
Mogoal Private Facebook Community (FB Community) Access: Upon enrollment in and payment for a MWC online course, You will receive access to the FB Community where clients can connect, interact and ask questions as needed. All questions You have should be posted in the FB community as that is the designated place for all communication other than the weekly group coaching calls.

Payment

Prepayment is a requirement for enrollment, and Your enrollment and space in the program is confirmed only after full payment has been received by MWC. You will only be granted access to the Course and Course resources after You have registered and paid for the Course in full. Your 90-day Coaching Package will begin on the day You make payment in full – if you are on a payment plan or make a deposit Your 90-day Coaching Package will begin the day Your final payment is made. Payment is to be made in full at the time of registration and can be made using any of the MWC payment options then available either through the Website or in-person at a live MWC event.

All payments made to MWC are non-refundable. While MWC does not offer refunds, in the event that You cannot attend the virtual Course for which You have registered and paid, MWC may provide You with a credit towards a future offered virtual class cycle of the same type and which is of equal value, which must be used within 180 days of the original virtual Course for which You registered and paid. Under no circumstances can You transfer Your credit to another person or entity. If You registered for a virtual Course, the credit You receive may be applied to an in-person Course offering by submitting a written request to MWC no less than seven (7) days prior to the start date of the in-person Course you wish to attend and upon receiving confirmation of your enrollment in said in-person Course by MWC prior to the start date of the course; the in-person Course you switch to must be offered within 180 days of the original virtual Course for which You registered and paid. MWC cannot guarantee any transfer. There will be no transfers once a course has commenced.

Transfers: You may defer Your enrollment in the virtual Course for which You originally enrolled, provided You give written notice to MWC within seven (7) days of purchase and no less than fourteen (14) days prior to the start date of the virtual course. Such transfer to a subsequent virtual program will be permitted within 180 days of the original Course’s start date, provided that there are seats available in the requested virtual Course. If the participant would like to transfer to a more expensive virtual Course, the participant will need to pay the difference between the cost of the original Course and the subsequent Course. Any credit shall expire if unused after 180 days of the original Course start date and shall be forever forfeited and non-refundable. There will be no transfers once a Course has commenced. Students wishing to enroll in another offering of the virtual Course must provide written notice to MWC within seven (7) days of purchase and no less than fourteen (14) days before the start of the virtual course and reapply to a future course offering. MWC cannot guarantee any transfer.

Course Requirements

MWC reserves the right to decline enrollment to any participant who it determines does not meet the course requirements.

Course Delivery

MWC shall deliver its virtual Courses via a predetermined virtual platform (e.g., Zoom, Facebook, Teams, HangOuts, Meet, FaceTime, etc.). MWC is not responsible for any technical (or otherwise) issues that may arise out of use of the predetermined virtual platform. MWC shall not be liable for any outages, interruptions, breaches, or downtime. MWC will not be responsible for providing You with technical help. If technical issues arise, You are responsible for contacting, hiring, and paying for the services relating to the resolution of the issue(s).

Communications

All communications shall take place during the MWC virtual Course only. Please do not call, text, or send direct messages to MWC, Ed Davis, or any other employees or affiliates of MWC. MWC may provide to You log-in credentials so that You can participate in virtual communications as may be offered from time to time by MWC. For customer service needs You must email [email protected]. MWC is not responsible for Your failure to properly contact MWC for any issue.

Recording

MWC reserves the right to record any Course and by enrolling in such, whether in-person or virtual, you hereby consent to be part of said recording. Participants, students and visitors enrolled in MWC programs should be aware that programs may be recorded for any future Course or related educational purpose at any time during any program session. Under no circumstances are You to record or reproduce any course offered by MWC without prior written permission of MWC. By enrolling in and participating in the Course, You acknowledge and agree that You may be recorded and thereby become part of a future product that MWC may use in marketing/advertising efforts and/or in future Course offerings. By enrolling in the Course, You hereby acknowledge and agree that You consent to be recorded and to have Your likeness used by MWC in any way whatsoever, including commercial use, without Your permission and without You being compensated for such use. This grant is perpetual but can be revoked at any time by You providing written notice to MWC allowing MWC a reasonable amount of time to remove Your Identity from its website.

Permission Releases

PHOTO AND IMAGE PERMISSIONS: By enrolling in any MWC Course, You give permission to MWC to (i) take photographs, videos and/or any other types of recordings of You during classes and activities associated with the Course, and (ii) publish, distribute and display the photographs, videos and recordings (collectively, “Reproductions”) in any and all media including, without limitation, MWC websites, Mogoal websites, brochures, advertisements and other promotional materials. You hereby waive compensation and any right to inspect or approve any such uses, Reproductions or related materials. You hereby release, discharge and agree to hold MWC harmless from any liability arising out of MWC’s use of the Reproductions, including any blurring, distortion, alteration, optical illusion or use in composite form.

TRADEMARKS & YOUR IDENTITY

By enrolling in any MWC Course and/or by subscribing to or using any MWC Content (defined below), You grant MWC permission to use your logos, business names, likeness, name, and identity (“Your Identity”) for any reason and specifically for commercial advertising and marketing purposes and for use in the MWC Content. This grant is perpetual but can be revoked at any time by You providing written notice to MWC. In the event that you revoke this permission, MWC may but shall not be required to delete any past social media or website posts or MWC Content; MWC will, however, permanently omit Your Identity from future uses on the Website and future marketing materials. If you anticipate revoking this permission, You should reconsider Your enrollment in the Course and use of the Website and/or the Application. MWC shall not be liable for the use of Your Identity and in the event that any element(s) of Your Identity are found to be infringing the intellectual property of any third party, You shall indemnify MWC against any liability arising therefrom.

YOUR INFORMATION

During Your enrollment in any MWC Course and/or by subscribing to or using any MWC Content (defined below), using the Website and/or the Application, or otherwise, You may share with MWC what you consider to be personal, confidential, and/or financial information that is specific to You. You hereby acknowledge and agree that MWC owes you no duty of confidentiality or otherwise and thereby shall not be liable for sharing any recordings of You where You share such information (e.g., for advertising/marketing purposes). Do not share anything You do not wish to be used by MWC in an advertising/marketing/commercial way. MWC shall not be liable for sharing anything You disclose to MWC during the Course, while using the Website, and/or while You use the Application.

Conduct

PARTICIPANT BEHAVIOR: You agree to show respect for every member of the MWC community and refrain from all forms of intimidation, harassment, and acts of prejudice that infringe upon the rights of other members of the community. You also agree to conduct yourself as law-abiding members of both the MWC community and our broader society – including, but not limited to: a) refraining from behaviors that infringe upon the rights of others or disrupt the educational process, and b) acting in conformity with MWC policies and applicable law.

MWC reserves the right to remove from our courses and bar admission to future courses, events and programs anyone who fails to act in accordance with the standards outlined above or who engages in intimidation, harassment, acts of prejudice or other disruptive behaviors. In the event that You are removed from any course according to the terms of this paragraph, You are not entitled to a refund or credit of Your payment toward a future course offering and You forfeit all credits or payments you may have made to MWC for any future or additional course offerings.

Links

The Services may include hyperlinks to websites or applications maintained or controlled by others. MWC is not responsible for and does not routinely screen, approve, review or endorse the contents or use of any of the products or services that may be offered at these websites or applications. If You decide to access linked third-party websites or applications, You do so at Your own risk.

Eligibility

Participation in any Program or other Service is generally restricted to those individuals 18 years of age or older who are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations and warranties herein. Individuals under 18 years of age but 13 years of age or older may be able to register for a course offering and/or an online subscription service and participate in certain Programs or Services in limited instances in MWC’s discretion and only with prior written permission by MWC. In those cases, MWC may have additional requirements for registration or access, including, for example, approval of a parent or other authorized person. By registering for or participating in a Program or Service, You hereby represent that (i) You are 18 years of age or older and have the authority and legal capacity to enter into the Agreements, or (ii) You are 13 years of age or older, You are only registering for or accessing a Program or Service that MWC has expressly allowed people between 13 and 18 years of age to register for or access, and all additional requirements (such as parental approval) that MWC has established for registration or access by such people have been met. No one under the age of 13 years may participate in any Program or download or access any Service. In addition, those who wish to register and participate in any Program or other Service must meet any other minimum requirements set forth in the Agreements. Programs may have additional eligibility or admission requirements, as specified on the applicable Program section of the Services. If You do not qualify or do not agree to these terms, You may not use the Services.

MWC’s Intellectual Property Rights

In consideration for Your agreement to these terms and conditions, MWC grants You a personal, non-exclusive, non-transferable, revocable license to access and use the Services and MWC’s Content (defined below) solely in accordance with the terms and conditions set forth herein. By using the Website, by downloading the Application, and/or by enrolling in or attending any MWC course or online subscription, You acknowledge that MWC’s Content (as defined below) is protected by copyright, trademarks, database rights, and other intellectual property rights. Nothing on the Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, service mark, or other mark or content displayed on the Website without MWC’s prior written permission.

MWC may make MWC’s Content available to You through the Courses or otherwise via the Services. You may obtain and use MWC’s Content only for Your own personal, non-commercial use in connection with the Services and participating in Programs. You may only copy and modify MWC’s Content as necessary for Your own personal, noncommercial use. You may not transfer, retransmit, distribute, publish, commercially exploit, create derivative works, or share in any way whatsoever MWC’s Content. You may not share, display, or use any MWC Content on your social media pages or Your website. You may not reverse-engineer, decompile, disassemble or otherwise access the source code for any software that may be used to operate any of the Services. Notwithstanding the foregoing, certain reference documents, digital textbooks, articles and other information on the Services may be made available to You with the permission of third parties, and use of that third party material may be subject to certain rules and conditions. You agree to abide by all such rules and conditions.

“MWC’s Content” (also “MWC Content”) means all content or other material, in whole or in part, available through the Programs or otherwise via the Services, including but not limited to lectures, speeches, discussions, comments, video lessons, quizzes, tests, presentation materials, homework assignments, programs, code, and other images, text, layouts, arrangements, displays, illustrations, documents, materials, audio and video clips, HTML and files. All MWC’s Content is the property of MWC and/or its affiliates or licensors and is protected by copyright, patent and/or other proprietary intellectual property rights under United States and foreign law.

MWC logos, trademarks and service marks that may appear in the Services ("Marks") are the sole property of MWC and are protected under United States and foreign laws. All other trademarks, service marks and logos used in the Services, with or without attribution, are the trademarks, service marks or logos of their respective owners.

You shall not and may not use the Website for any of the following purposes: (a) in any way which causes, or may cause, damage to the Website, to MWC, or which may interfere with any other User’s use or enjoyment of the Website; (b) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening, or otherwise objectionable or in breach of applicable law, regulation, or governmental order; or (c) making, transmitting, storing, or reproducing electronic copies of MWC’s Content protected by copyright without prior written permission by MWC.

In the event that a dispute arises between You and MWC, MWC will immediately revoke Your access to MWC Content, the Website, the Application, and any other materials to which You were previously granted access. Only after resolution of the dispute will MWC consider re-activating Your access to these items.

MWC and/or its affiliates and licensors reserve all rights not expressly granted herein to the Programs, Services, MWC’s Content, and Marks.

Disclaimers of Warranty; Limitations of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL PROGRAMS AND SERVICES (AS DEFINED AT THE OUTSET OF THESE TERMS OF USE) AND ANY RELATED INFORMATION OR PRODUCTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND (EXPRESS, IMPLIED OR OTHERWISE), INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. MWC DOES NOT WARRANT THAT ANY SERVICE WILL OPERATE IN AN UNINTERRUPTED OR ERROR-FREE MANNER OR THAT THE ANY SERVICE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WITHOUT LIMITING THE FOREGOING, MWC DOES NOT WARRANT THAT (A) THE PROGRAMS OR SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR ACHIEVE THE INTENDED PURPOSES, (B) THE PROGRAMS OR SERVICES WILL NOT EXPERIENCE OUTAGES OR OTHERWISE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, (C) THE PROGRAMS, SERVICES OR INFORMATION OBTAINED THROUGH OR FROM THE PROGRAMS OR SERVICES WILL BE ACCURATE, COMPLETE, CURRENT, ERROR-FREE, SECURE OR RELIABLE, OR (D) ANY DEFECTS IN OR ON THE PROGRAMS OR SERVICES WILL BE CORRECTED. MWC MAKES NO REPRESENTATION REGARDING YOUR ABILITY TO TRANSMIT AND RECEIVE INFORMATION FROM OR THROUGH THE SERVICES, AND YOU AGREE AND ACKNOWLEDGE THAT YOUR ABILITY TO ACCESS THE PROGRAMS AND SERVICES MAY BE IMPAIRED.

ENROLLMENT IN ANY MWC PROGRAM OR COURSE AND USE OF ANY MWC CONTENT DOES NOT ESTABLISH A FIDUCIARY RELATIONSHIP BETWEEN YOU OR THE OFFICERS, LECTURERS, TEACHERS, EMPLOYEES, AGENTS, FACULTY MEMBERS OF MWC. SERVICES OFFERED BY MWC IS MERELY ADVICE, THE USE OF THIS PROGRAM OR WEBSITE FOR COMMUNICATION WITH MWC OR ANY INDIVIDUAL MEMBER OF MWC DOES NOT ESTABLISH AN ATTORNEY-CLIENT RELATIONSHIP AND WILL NOT MEET THE DEFINITION OF A LEGAL BUSINESS RELATIONSHIP.

BY ENROLLING IN ANY MWC PROGRAM OR COURSE AND/OR BY USING ANY MWC OR MWC’s CONTENT, MWC DOES NOT BECOME RESPONSIBLE FOR, LIABLE FOR, OR OTHERWISE CONNECTED TO YOUR FINANCIAL IDEA(S) AND/OR FINANCIAL OR BUSINESS PLAN(S) AND MWC DOES NOT GUARANTEE ANY FINANCIAL/BUSINESS IDEA/PLAN YOU PURSUE OR PURCHASE YOU MAKE WILL BE SUCCESSFUL, PROFITABLE, IS VALID, LEGAL, OR IN ANY WAY VIABLE. MWC SHALL NOT BE LIABLE IN ANY WAY FOR ANY BUSINESS OR FINANCIAL FAILURE OR MONETARY LOSS BY YOU. MWC DOES NOT GUARANTEE YOU WILL QUALIFY FOR A MORTGAGE OR FIND A PROPERTY WHICH MEETS YOUR DESIRED OUTCOMES OR IDEAL RESULTS. MWC IS NOT RESPONSIBLE FOR AND DOES NOT GUARANTEE THE SUCCESS OF ANY PARTNERSHIP YOU ENTER INTO OR VENTURES YOUR PURSUE. MWC IS NOT RESPONSIBLE FOR ANY LOSS IN REPUTATION OR OTHERWISE BY YOUR PURSUIT OF YOUR BUSINESS IDEA(S) OR PLAN(S). BY ENROLLING IN ANY MWC PROGRAM OR COURSE, YOU ARE NOT ENDORSED BY MWC OR THE MEMBERS/TEACHERS OF MWC. YOU ARE SOLELY RESPONSIBLE FOR THE SUCCESS AND/OR FAILURE OF YOUR REAL ESTATE INVESTMENTS, BUSINESS AND FINANCIAL INVESTMENTS, ASSET PORTFOLIO PERSONAL AND BUSINESS FINANCES, AND WEALTH PLANNING AND MANAGEMENT.

EXCEPT INSOFAR AS THE FOLLOWING LIMITATION MAY BE PROHIBITED BY APPLICABLE LAW, MWC SHALL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY CONSEQUENTIAL, INDIRECT, PUNITIVE, SPECIAL OR INCIDENTAL DAMAGES, WHETHER FORESEEABLE OR UNFORESEEABLE (INCLUDING, BUT NOT LIMITED TO, LOSS OF PROFITS OR EARNING POWER, LOWERING OF OR DAMAGE TO YOUR CREDIT SCORE, LOSS OR DAMAGE RELATING TO OR ARISING OUT OF YOUR PURCHASE OF PROPERTY OR PROPERTIES, LOSS OF DATA, LOSSES DUE TO ERRORS OR INTERRUPTION IN AVAILABILITY OF ANY SERVICES, UNAVAILABILITY OF ANY PROGRAM, SERVER OR COMMUNICATIONS FACILITY, OR DAMAGES DUE TO ACTS OR OMISSIONS OF OTHERS USING ANY SERVICE OR PARTICIPATING IN A PROGRAM), ARISING OUT OF OR RELATING TO THE AGREEMENTS, THE SERVICES OR THE PROGRAMS, INCLUDING WITHOUT LIMITATION YOUR AND OTHERS' USE OF OR INABILITY TO USE ANY SERVICE, OR YOUR PARTICIPATION IN ANY PROGRAM, OR YOUR SUBMISSION OR USE OF USER CONTENT, OR OTHERS’ USE OF YOUR USER CONTENT, OR YOUR INTERACTION WITH OTHER PROGRAM PARTICIPANTS (WHETHER ONLINE OR IN PERSON), OR YOUR RELIANCE UPON INFORMATION OBTAINED FROM OR THROUGH ANY PROGRAM OR SERVICE, WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW. MWC’s TOTAL CUMULATIVE LIABILITY TO YOU ARISING OUT OF OR RELATED TO THE AGREEMENTS, THE SERVICES OR THE PROGRAMS (INCLUDING, WITHOUT LIMITATION, IN THE WAYS DESCRIBED IN THE PRECEDING SENTENCE), WHETHER BASED IN CONTRACT, TORT, STATUTORY OR OTHER LAW, WILL NOT EXCEED THE GREATER OF (1) THE TOTAL AMOUNT OF FEES RECEIVED BY MWC FROM YOU OR ON YOUR BEHALF FOR OR IN CONNECTION WITH THE SERVICES AND ANY PROGRAMS IN THE IMMEDIATELY PRECEDING SIX MONTH PERIOD OR (2) U.S.$100.00, WHICHEVER IS LESS. THE DISCLAIMERS AND LIMITATIONS SET FORTH IN THIS SECTION SHALL APPLY, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, WHETHER OR NOT MWC HAS BEEN NEGLIGENT OR OTHERWISE AT FAULT.

YOU ACKNOWLEDGE AND AGREE THAT THE WARRANTY DISCLAIMERS AND THE LIMITATIONS OF LIABILITY SET FORTH IN THESE TERMS OF USE REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND MWC, AND THAT THESE LIMITATIONS ARE ESSENTIAL TO MWC WILLINGNESS TO MAKE THE SERVICE AND PROGRAMS AVAILABLE TO YOU. EACH OF THESE DISCLAIMERS AND LIMITATIONS IS INTENDED TO BE SEPARATELY ENFORCEABLE, REGARDLESS OF WHETHER ANY OTHER REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

FOR PURPOSES OF THE FOREGOING DISCLAIMERS AND LIMITATIONS, AS WELL AS THE INDEMNITY SET FORTH HEREIN, “MOGOAL” AND “MWC” INCLUDES THE MEMBERS OF ITS GOVERNING BOARDS, AND ITS MEMBERS, OFFICERS, FACULTY MEMBERS, GUEST SPEAKERS, VISITING TEACHERS, EMPLOYEES, AGENTS, CONTRACTORS, AND REPRESENTATIVES.

CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THE LAWS OR REGULATIONS OF THESE JURISDICTIONS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.

Choice of Law; Dispute Resolution via Arbitration

You agree that this Agreement and any claim or dispute arising out of or relating to this Agreement and/or Your use of the Website and/or upon Your first download of the Application and/or upon Your enrollment or attendance in the Course and/or upon Your download of any Digital Content will resolved via binding Arbitration and shall be governed by the laws of Harris County, Texas, U.S.A., excluding its conflicts of law principles. If necessary, You consent to the personal jurisdiction of those courts over You for this purpose, and You waive and agree not to assert any objection to any proceedings (including any defense or objection of lack of proper jurisdiction or venue or inconvenience of forum).

Arbitration Rules, Governing Law, Jurisdiction and Venue. Arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this Section of these Terms of Use. (The AAA Rules are available at www.adr.org or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section. These Terms and any action related thereto will be governed by the laws of the State of Texas without regard to its conflict of laws provisions.

Arbitration Process. A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. (The AAA provides forms for use in arbitration proceedings including a Demand for Arbitration: Consumer Arbitration Rules here.) The arbitrator will be either a retired judge or an attorney licensed to practice law in the state of Texas and will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.

Arbitration Location and Procedure. Unless You and MWC otherwise agree, the arbitration will be conducted in Harris County, Texas. If Your claim does not exceed $10,000, then the arbitration will be conducted solely on the basis of documents You and MWC submit to the arbitrator, unless You request a hearing or the arbitrator determines that a hearing is necessary. If Your claim exceeds $10,000, Your right to a hearing will be determined by the AAA Rules. Subject to the AAA Rules, the arbitrator will have the discretion to direct a reasonable exchange of information by the parties, consistent with the expedited nature of the arbitration.

Arbitrator's Decision. The arbitrator will render an award within the time frame specified in the AAA Rules. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of Limitation of Liability section of these Terms of Use as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. If You prevail in arbitration You will be entitled to an award of attorneys' fees and expenses, to the extent provided under applicable law. will not seek, and hereby waives all rights it may have under applicable law to recover, attorneys' fees and expenses if it prevails in arbitration.

Fees. Your responsibility to pay any AAA filing, administrative and arbitrator fees will be solely as set forth in the AAA Rules. However, if Your claim for damages does not exceed $75,000, MWC will pay all such fees unless the arbitrator finds that either the substance of Your claim or the relief sought in Your Demand for Arbitration was frivolous or was brought for an improper purpose (as measured by the standards set forth in Federal Rule of Civil Procedure 11(b)).

Waiver

The failure of MWC to exercise or enforce any right or provision of the Agreements shall not constitute a waiver of such right or provision. If any provision of the Agreements is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, to the extent that may lawfully be done, and the other provisions of these Terms of Use shall remain in full force and effect.

Severability

In the event that a court or other competent authority finds that any provision of these terms and conditions (or any part of any provision) is invalid, illegal, or unenforceable, that provision or part-provision will, to the extent required, be deemed deleted, and the validity and enforceability of the other provision of these terms and conditions will not be affected.

Participant Agreement to Terms

By submitting any course application and/or enrolling in any MWC course, You indicate that You have read and agreed to the terms and conditions set forth herein and have read and agreed to the MWC registration policies. You, in addition to the Your sponsoring company (if applicable), agree to be responsible for and pay all fees. You certify that all the information provided in connection with Your application to any MWC course is authentic and accurate.

MWC reserves the right to update and change the Terms and Conditions by posting updates and changes to the MWC website. You are advised to check the Terms and Conditions from time to time for any updates or changes that may impact You.

Terms

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