Modern Day Wealth Website Terms of Service – www.moderndaywealth.com
Please read all Modern Day Wealth’s Terms of Service carefully before accessing or using this website for Financial Coaching Services. By accessing and engaging Modern Day Wealth LLC (“MDW”) as financial coaches, you agree to be bound by all terms and conditions set forth below. Any use of, purchase through, this web site is expressly conditioned on your acceptance of these terms and conditions stated herein and which may be updated from time to time on www.moderndaywealth.com. DO NOT USE THIS SERVICE, CREATE AN ACCOUNT, and OR RENEW SERVICES THROUGH THIS WEBSITE if you do not accept all the terms and conditions stated on this website. These terms and conditions are subject to the Federal E-sign Act of 2000, as amended, and constitute an Agreement between Modern Day Wealth and you, the client. YOU FURTHER REPRESENT THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
WARNING: It is a Federal AND State Offense to purchase any product or service by fraudulent means. Any and all products or services purchased through this web site shall not be used for unlawful purpose only. Should Modern Day Wealth LLC become aware of any fraudulent use of its services, it reserves the right to forward any and all information on its server or network to the victim or law enforcement agency, upon law request, without consent of the client. This is an unconditional and non-negotiable term of services, and an exception to our privacy policies.The Following Terms are applicable to all Modern Day Wealth Services:
FINANCIAL ADVICE AND/OR AN EARNINGS DISCLAIMERModern Day Wealth’s (MDW) website, blogs, digital courses, videos, online journals, webinars, email newsletters or other content are presented an informational and educational resource for subscribers and prospective subscribers to www.moderndaywealth.com. They are intended to be used as a complement to any advice of a licensed financial advisor, tax advisor or lawyer. MDW cannot guarantee any outcome or particular results for following recommendations and/or strategies presented as personal experience or general. By continuing to use these websites, you acknowledge that should you decide to follow any recommendations provided by MDW, you do so at your own risk and you understand that the information and statements made are expressions of opinions only. There is no guarantee that you will experience any particular results or earn any money using any of the ideas, tools, strategies or recommendations presented on this website. None of the MDW content presented on this site are a “get-rich-quick scheme” or anything replacing the need to seek a licensed financial professional when making a financial decision. Nothing contained within MDW Site/Products/Services is a promise or guarantee of earnings. Your level of success in attaining similar results to testimonials of past personal experiences is dependent upon a number of factors including your own skill, knowledge, dedication, business savvy, and financial situation.
1. Electronic Contract for Service. All MDW services purchased on www.moderndaywealth.com or through MDW email are done by electronic format contract with these terms and conditions. MDW shall make available your agreement in electronic format upon request. You may request access to these electronic records in either Adobe Acrobat (.Pdf format) or text formats. At all times, you retain the right to request and receive documents on paper upon request to MDW via e-mail or fax.
2. Governing Law, Jurisdiction & Venue. These Terms and Conditions of Service shall be governed exclusively and construed in strict accordance with the laws of the State of Florida. Subscriber, by virtue of purchase through this website, agrees to submit to exclusive jurisdiction and venue of the state and federal courts of Broward County Florida, and, expressly waive all defenses to jurisdiction without any consideration of conflict of law theories, case law or principles.
3. Use of MDW Services. The MDW Service is intended for Personal use only. Information and educational materials provided by MDW are intended for the professional growth of prospective or existing investors, and not, any groups or private companies that aggregate the information for their own purposes. MDW is a financial coaching service to provide general Information, perspectives and education to small-sized individual investors. MDW is not licensed financial advisors or regulated under Financial Industry Regulatory Authority (FRINA). Financial Coaching Services provided are for advisory purposes only, and you understand and agree that information, news and testimonials are provided by MDW is received “as is” for personal and professional education on investment, and not to replace the service, opinion or role of a licensed financial advisor when it comes to any particular investment or review of investments in your portfolio. You agree to investigate further any alternative recommendations or information provided by MDW with legal, tax, financial, or other professionals prior to making a decision based on MDW coaching services.
4. MDW Financial Coaching Services. MDW provides financial coaching services as pure information advisors for prospective and existing small-sized capital investors. The Services are being provided with the understanding that Modern Day Wealth is not engaged in rendering legal, tax, financial, or other professional services or advice. MDW is not licensed financial advisors or regulated under Financial Industry Regulatory Authority (FRINA). Financial Coaching Services provided are for advisory purposes only. You understand that the Services are provided with the understanding that You shall utilize all or any part of the Coaching Services entirely at Yours own risk. Financial Coaching services are being provided “as is” without warranty of any kind, either express or implied, including without limitation any warranty for information, advisory services, or products provided from, through or in connection with this website for MDW Financial Coaching Services. You agree that no individualized review or advice will be rendered by MDW on your financial portfolio. You understand and agree that MDW’s principals and employees are not licensed as financial advisors or regulated under Financial Industry Regulatory Authority (FRINA) and MDW highly recommends you use of only FRINA licensed professionals independently of MDW’s Financial Coaching Services. Should you have questions as to a particular MDS Coaching Service or package of services, please contact us in advance of purchasing the service to ensure proper and intended use of MDW. Fees, charges and pricing shall be available on our website.
5. Communications. between you and an MDW Coach shall be treated as confidential. No information about you will be released outside Modern Day Wealth without your permission. The EXCEPTIONS to this confidentiality include, but are not limited to the following:
a. The MDW Coach determines Client is a threat to himself or herself, another person, a child, or elderly or disabled person.
b. Client is threatening to commit a crime.
c. MDW receives a lawful court order, a subpoena, or a CALEA request to disclose your records.
6. MDW and Computer Assisted Law Enforcement Act Compliance. Be advised that should a request come from governmental or law enforcement agencies, with the authority to require MDW to report information related to your services, or, should law enforcement request this information or access pursuant to CALEA, the Patriot Act or any other federal criminal statue, MDW shall be obligated to cooperate and disclose this information in accord with the laws of the United States of America and the State of Florida.
7. NO WARRANTIES ON SERVICE. MDW DOES NOT MAKE ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR ANY IMPLIED WARRANTIES OR MERCHANTIBILITY OR FITNESS FOR A PARTICULAR PURPOSE WITH REGARD TO ITS FINANCIAL COACHING SERVICES, ANY VIDEO PROGRAMMING, VIDEO EDUCTION OR ANY OTHER TRANSACTION PERFORMED THROUGH THE SERVICES OR ON THE INTERNET GENERALLY. MDW SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION, USE OF THE SERVICE OR VIDEO DOWNLOADS. MDW DOES NOT WARRANT THAT ONLINE REAL-TIME SERVICES OR VIDEO DOWNLOADS WILL BE UNINTERRUPTED OR ERROR-FREE OR WILL OPERATE WITHOUT FAILURE, PACKET LOSS, DEGRADATION OR INTERRUPTION NOR DOES MDW WARRANT ANY CONNECTION TO OR ANY TRANSMISSION OVER THE INTERNET OR THAT ANY DEFECTS IN THE SERVICES OR MATERIALS WILL BE CORRECTED. NEITHER MDW NOR ITS OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES OR AGENTS, OR ANY OTHER SERVICE PROVIDER OR VENDOR WHO FURNISHES SERVICES, APPLICATIONS, OR PRODUCTS TO CUSTOMER IN CONNECTION WITH MDW RENDERING THE SERVICE, WILL BE LIABLE FOR UNAUTHORIZED ACCESS TO OUR OR YOUR TRANSMISSION FACILITIES OR PREMISES EQUIPMENT OR FOR UNAUTHORIZED ACCESS TO, OR ALTERATION, THEFT OR DESTRUCTION OF, CUSTOMER’S DATA FILES, PROGRAMS, PROCEDURES OR INFORMATION THROUGH ACCIDENT, FRAUDULENT MEANS OR APPLICATIONS OR ANY OTHER METHOD, REGARDLESS OF WHETHER SUCH DAMAGE OCCURS AS A RESULT OF MDW OR ITS SERVICE PROVIDER’S OR VENDORS’ NEGLIGENCE. STATEMENTS AND DESCRIPTIONS CONCERNING MDW’S SERVICE, OR INFORMATION PROVIDED BY MDW IN FINANCIAL COACHING OR OUR AGENTS ARE FOR EDUCATIONAL, INFORMATIONAL AND ADVISORY PURPOSES ONLY AND ARE NOT GIVEN WITH A WARRANTY OF ANY KIND.
8. Notice to MDW through Customer Service Center. By use of the MDW Service, You agree that all official Notices from You to MDW must be in writing (in forma of e-mail fax or letter) and shall be directed to MDW’s Customer Service Center at the following contact points:
MDW Customer Service Center (hours of operation 9am EST to 5pm EST Monday to Friday)Address: 5438 Lockwood Ridge Rd. STE 196, Bradenton, FL 34203Email: email@example.com
9. No Refunds on Services Without Cause. MDW will not offer any refunds for services purchased without cause. Should Customers experience problems they must first contact our Customer service at firstname.lastname@example.org to determine the nature of problem or whether a refund may be applicable. MDW exclusively reserves the right to determine whether a demand for refund is with or without cause.
10. Taxes. Any applicable sales, use, excise, utility or other taxes, or regulatory fees or charges imposed on MDW as a result of providing Paid Video Downloads, Streaming Video, and Online Instruction Service or through a smart device Application will be added to Customer’s account or the cost of Service when imposed or required by Florida law.
11. Credit Card Charges. No Credit Cards payments will be accepted by MDW from Credit Card Issuers that are not regulated Credit Card Issuers in the United States of America – U.S. Credit Cards only. You must provide and pay from valid credit card (Visa, MasterCard, Discover, American Express or any other issuer then-accepted by MDW) of which you are the authorized cardholder when purchasing any MDW service. Should the Customer authorize automatic bill payment by credit card, it thereby authorizes MDW to charge the credit card account number for all applicable MDW usage charges that accrue during their semi-annual or annual, 365 day service cycle. Such authorizations will remain valid until terminated by proper notice to MDW through this website, or, in writing. You must notify MDW in writing within 7 days after receiving your credit card statement if you dispute any MDW charges for MDW services on that credit card statement otherwise such dispute will be deemed waived. Any applicable billing discrepancy resulting in the consumer initiating a charge-back by the credit card provider through Federal Truth in Lending Act, 12 C.F.R. Part 266 (1998), REG-Z, must be not be waived and MDW must be given a reasonable time investigate the nature of the Customer’s claim, billing and the specific charge.
12. Account Number and Password Security. You are responsible for maintaining the confidentiality and security of your account number and/or password for MDW Services. You are responsible for all uses of your MDW account, whether or not actually or expressly authorized by you. Any unauthorized access of your MDW account or MDW’s Services that is the result of your negligent handling of the MDW application or account number or password is expressly your liability. You expressly waive all legal defenses and relief against MDW for any collectable debt that arises from the unauthorized access of their services, by and through their PIN and/or account that is a result of their own mishandling, negligence, or intentional disclosure of their account Number, password or PIN.
13. Seven (7) calendar day FREE Trial Period for Subscription. You may elect to register for MDW’s seven (7) calendar day FREE Trial Period at your initial sign-up and registration. The Trial Period program is a limited program offered periodically by MDW, at its sole discretion, to allow new and prospective clients to test MDW videos and Services for a limited period with full access to videos and materials. Participating Trial Period clients are given full access to MDW coaching videos and educational materials for seven (7) calendar days, after which time, You must notify MDW that You are not interested in the ongoing subscription, OR, You will be automatically charged for the subscription on the eighth (8) day after registration for the Trial Period. Should you wish to participate, all Terms of this Agreement shall apply to the Trial Subscription, and you will be required to go through the MDW account registration process, create a user account with username and password, and provide a valid payment method through the check-out process. Section 11 of these Terms and Conditions applies to all payment methods used for the seven (7) calendar day FREE Trial Period, and MDW will not charge your payment method until the 8th day after your registration.
14. Life Time Guarantee. After the Seven (7) calendar day FREE Trial Period for Subscription you will be billed on the 8th day and your $200 subscription is protected with a life time guarantee. You may request a full refund at any time prior to any referral commissions paid out to you. The life time guarantee is no longer in effect once you are paid a referral commission. Notice of cancellation must be sent to the following email address and include your Name and user account name:
Trial Period Cancellation Email: email@example.com
15. Inappropriate Use and/or Conduct as cause for termination or breach of Agreements. You agree to use the MDW service, materials and video content for lawful purposes only. You shall not use, or allow any third (3rd) parties to use, MDW service, materials or video content in any way that is unlawful, harmful, threatening, libelous, deceptive, fraudulent, abusive, harassing, defamatory, vulgar, obscene, sexually explicit, profane, hateful, discriminatory, or other objectionable material of any kind, including, without limitation, material that encourages unlawful conduct. If MDW believes, at its sole discretion, that a client has engaged in any of the foregoing conduct, You agree MDW reserves the right to (i) immediately suspend or terminate your Service; and/or (ii) forward the offensive materials, your communications, and your identify and other personal information to the proper authorities for investigation and prosecution. You consent to the forwarding of any such communications and information to these authorities or law enforcement. In the event of such termination, you will be responsible for the all amount owed to MDW as of the date of the event, which will become immediately due and payable upon termination of your Service for Inappropriate use.
16. Indemnification. You, the MDW Customer, agrees to indemnify, defend and hold MDW, its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Applications from and against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from Customer’s use of any Services or Applications, including, without limitation, any violation of this Agreement by Customer. The provisions of this paragraph are for the benefit of MDW and its officers, directors, employees, agents, shareholders, licensors, suppliers, business partners and any third party information providers to the Site, Services or Materials. Each of these individuals or entities shall have the right to assert and enforce these provisions directly against Customer on its own behalf.
17. Expressed Limitation Of Liability On Website. IN NO EVENT WILL MDW BE LIABLE TO THE CUSTOMER FOR (I) ANY INCIDENTAL, CONSEQUENTIAL, OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, VIRUS, LOSS OF PROGRAMS, DATA OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE MDW WEBSITE, SERVICES OR MATERIALS, OR ANY TRANSACTIONS PROVIDED THROUGH THE WEBSITE OR DOWNLOADED OR HYPERLINKED FROM THE WEBSITE, EVEN IF MDW OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR (II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR MATERIALS OR INFORMATION DOWNLOADED THROUGH, OR HYPERLINKED FROM, THE SITE.
18. NO WARRANTIES ON WEB SITE. HYPERLINKS OR OTHER WEB PAGES ACCESSIBLE FROM THE SITE WILL ENABLE YOU TO LEAVE MDW’S SITE. THE LINKED SITES ARE NOT UNDER THE CONTROL OF MDW AND MDW IS NOT RESPONSIBLE FOR THE CONTENTS OF ANY LINKED SITE OR ANY LINK CONTAINED IN A LINKED SITE, OR ANY CHANGES OR UPDATES TO SUCH SITES. MDW IS PROVIDING THESE LINKS TO YOU ONLY AS A CONVENIENCE, AND, THE INCLUSION OF ANY LINK DOES NOT IMPLY ENDORSEMENT BY MDW OF THE SITE. MDW AND ITS AFFILIATES DO NOT CONTROL OR ENDORSE THE CONTENT OF THIRD PARTY WEBSITES. ALL SERVICES AND MATERIALS PROVIDED ON THE MDW SITE ARE PROVIDED “AS IS”. MDW DOES NOT GUARANTEE OR WARRANT THAT THE FILES AVAILABLE FOR DOWNLOADING FROM THE SITE WILL BE FREE OF INFECTION OR VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT CONTAINS CONTAMINATING OR DESTRUCTIVE PROPERTIES. YOU ARE RESPONSIBLE AND ARE URGED TO IMPLEMENT SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS FOR ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO THE SITE FOR THE RECONSTRUCTION OF ANY DATA LOSS. YOU ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SERVICES, APPLICATION AND THE INTERNET.
19. TRADEMARKS. All corporate names, service marks, logos, trade names, trademarks, websites and domain names of MDW (collectively “Marks”) are and shall remain the exclusive property of MDW and nothing in this agreement shall grant Customer or any Third party the license to use such Marks.
20. COPYRIGHT. All Services, Software and Materials found at this Website are protected under U.S. Copyright, or, by and through other intellectual property laws. Any commercial use of the Services Software, and Materials found on the Website is strictly prohibited, without the express, prior, written consent of MDW. Any reproduction or redistribution of the Services and/or Materials not in accordance with the terms set forth herein is expressly prohibited by law, and may result in severe civil and criminal penalties.