If you are a California resident, our privacy practices comply with the California Online Privacy Protection Act of 2003 (“CalOPPA”) and the California Consumer Privacy Act of 2020 (“CCPA”).
- What Personal Information Do We collect?
- How Do We use Personal Information?
- Do We Share Your Personal Information With Any Third Parties?
- Our storage of your Personal Information
- Access to other websites
- Protecting children’s privacy
- Additional Policies in Compliance with the CCPA
- Additional Policies in Compliance with CalOPPA
- Additional Policies in Compliance with EEA privacy laws
- Fair Information Practices
- CAN SPAM ACT
- Contacting Us
Region specific provisions. Certain provisions of this Policy, which are clearly labelled, apply only to users who are citizens or residents of particular regions (e.g., the EU or California). Otherwise, the Policy applies to all users of our Services, regardless of location.
Children. We do not allow use of our Services by anyone younger than the age 18 or the age of majority, whichever is older. If you become aware that a child (based on the jurisdiction where the child lives, which in the United States means someone under the age of 13) has provided us with personal data without parental consent, contact us at the location identified below in the Contact Us section.
2. WHAT PERSONAL INFORMATION DOES THE COMPANY COLLECT?
We collect personal information that you enter on our Site or otherwise volunteer to us when you contact us to, among other things, make purchases, request information, or register for or attend our online courses and coaching sessions. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features.
For purposes of this Policy, “Personal Information” means information (whether stored electronically or in paper-based filing systems) relating to a living individual who can be identified from that data (or from that data and other information in our possession). Personal Information comprises the categories of Personal Information defined by the CCPA, which includes:
|Identifiers||Name, address, email, phone, ssn, driver’s license|
|Other Data||Financial information, medical information, health insurance information|
|Protected Classes||Race, gender, sexual orientation, religion|
|Commercial Information||Records of personal property, purchasing or consuming histories or tendencies|
|Biometric Information||Fingerprints, retina scans, face prints|
|Internet Activity||Browsing history, search history, IP address, website interactions|
|Geolocation Data||GPS coordinates, location history|
|Sensory Data||Audio, electronic, visual, thermal, olfactory|
|Professional Data||CV, resume, employment history|
|Education Data||Educational background, grades, scores|
|Inferences||Drawn the above categories, such as preferences, characteristics, attitudes, predispositions, abilities, aptitudes, intelligence, psychological traits|
The examples given in this table are not meant to provide an exhaustive list, but are examples of the kinds of data included in each category. We do not collect Personal Information in every one of these categories, and we identify below which categories we collect.
Personal Information under the CCPA also includes any other category of personal information not included within the CCPA’s definition that are defined in California Civil Code § 1798.80(e). We refer to this category as “Other Data,” and it includes information such as financial information (bank account number, credit card number, debit card number), medical information, health insurance information, and insurance policy number.
We collect only that Personal Information that is relevant for the purposes for which the data is requested. We do not use your Personal Information in any way that is incompatible with the purposes for which it was collected or for which you have consented.
2.1 INFORMATION YOU GIVE US
When you contact us through our Site, or by corresponding with us by phone, e-mail, or otherwise, or attend online courses and coaching sessions, provided through Kajabi, we may collect Personal Information including:
- Identifiers: name, address, email, and phone; for current or prospective affiliates, suppliers, agents and subcontractors, personal information such as social security number, federal tax ID number, or other relevant information, as applicable;
- Other Data: (California Civil Code § 1798.80): credit card and account information collected when you purchase materials or services; medical and health data (e.g., as necessary when participating in some of our live events); self-assessment data and results, such as information you input when taking self-assessment quizzes, and the like;
- Protected classes: gender, sexual orientation, self-assessment data and results (i.e., information may provide us when registering for courses or coaching sessions or under-taking self-assessment);
- Professional Data: for those considering coaching positions with us, professional data and education information such as resumé or C.V., salary history, education history, citizenship information, and position sought, as applicable; [When considering an individual for employment, additional Personal Information may be collected]
- Education Information: as volunteered during participation in our online courses and coaching sessions;
- Inferences: Personal information about your goals and aspirations derived from our Services, or inferences derived from that information;
- Personal likeness: With the exception of the possible use of your likeness when you expressly allow such use, we do not collect or receive Biometric Information or Sensory Data.
- INFORMATION WE COLLECT AUTOMATICALLY
Internet Activity: When you visit our Site, our domain hosting provider automatically collects and stores the following information:
- The Internet protocol (IP) address used to connect your computer to the Internet, referring website address, browser type and version, time zone setting, browser plug-in types and versions, operating system and platform;
- Information about your visit, including the full Uniform Resource Locators (URL), clickstream to, through and from our Site (including date and time), pages on our Site you viewed; page response times, download errors, duration of page visits, page interaction information (such as scrolling, clicks, and mouse-overs), methods used to browse away from the page;
You may accept or decline cookies. Most Web browsers automatically accept cookies, but you can usually modify your browser setting to decline cookies if you prefer. If you choose to decline cookies, you may not be able to fully experience the interactive features of our Site.
3. HOW DO WE USE PERSONAL INFORMATION?
3.1 INFORMATION YOU GIVE US
We will use this information:
- to provide you with the Services that you request from us;
- to carry out our obligations arising from any contracts entered into between you and us;
- to contact you in the future to provide you with information about new materials and services we offer or plan to offer;
- to notify you about changes to our Services;
- to comply with applicable laws and regulations;
- to assess your suitability for participation in our events, and to determine additional materials, services, or events to recommend and market to you;
- for training purposes, quality assurance, and to record details about the materials and services you order from us;
- to make inquiries about you for credit reference purposes;
- to perform data analyses (including anonymization and aggregation of Personal Information);
- for prospective employees, to respond to and process your job application and CV.
3.2 INFORMATION WE COLLECT ABOUT YOU
We will use this information:
- to provide targeted advertising and marketing services;
- to administer our Site and for internal operations, including troubleshooting, data analysis, testing, research, statistical, and survey purposes;
- to improve our Site to ensure that content is presented in the most effective manner for you and for your computer;
- as part of our efforts to keep our Site safe and secure.
3.3 INFORMATION WE RECEIVE FROM OTHER SOURCES
We will combine this information with information you give to us and information we collect about you. We will use this information and the combined information for the purposes set out above (depending on the types of information we receive).
4. DO WE SHARE YOUR PERSONAL INFORMATION WITH ANY THIRD PARTIES?
We do not sell your Personal Information to any third parties. To provide the Services, we sometimes disclose Personal Information to service providers for business purposes. Sometimes we disclose your Personal Information to those third parties, and they sometimes collect your Personal Information in the first instance and provide it to us.
Our service providers are contractually obligated to comply with all applicable laws (e.g., CalOPPA, CCPA and GDPR), and all such third parties use your Personal Information only on our behalf and under our instructions on how your information may be used and processed. We take reasonable steps to ensure these third parties use your Personal Information only for the purposes for which they have been engaged by us and that they do not share or sell your Personal Information to anyone else.
We may request the use of your Personal Information (including your personal likeness) for marketing and promotional purposes. If we make such a request, we will identify the Personal Information to be shared, the purpose for such sharing and we WILL NOT use such Personal Information WITHOUT your prior written approval.
By enjoying our Services and sharing your Personal Information, you agree that we have the right to share the categories of Personal Information we collect, as identified in Section 2 with our service providers for the following business purposes:
- Sales – for the purpose of fulfilling requests from you to purchase materials and services from our Site;
- Targeted advertising – to provide advertising of our programs and Services on other websites and platforms;
- Marketing – for the purpose of direct marketing of our materials and Services that you may be interested in;
- Cloud services – for provision of cloud storage services;
- Contractual performance – for the performance of any contract we or our service providers enter into with you with respect to your use of our Site;
- Web analytics — analytics and search engine service providers that assist us in the improvement and optimization of our Site;
We may also disclose your personal information to third parties in the following circumstances:
- In the event that we sell or buy any business or assets, in which case we will disclose your Personal Information to the prospective seller or buyer of such business or assets as part of the purchase, transfer, or sale of services or assets;
- If we sell all or substantially all of our assets to a third party, in which case personal information about our customers will be one of the transferred assets;
- If we are under a duty to disclose or share your Personal Information in order to comply with any legal obligation, or any lawful request by public authorities (including to meet national security or law enforcement requirements), or in order to enforce or apply our Terms of Service and other agreements; or to protect the rights, property, or safety of us, our customers, or others.
Whenever we share information with third parties, we will take steps to ensure that the third parties put in place adequate measures to safeguard your Personal Information, and they will be required to use any Personal Information for only the intended purpose for which it was shared.
5. OUR STORAGE OF YOUR PERSONAL INFORMATION
We use reasonable and appropriate measures to protect your Personal Information from loss, misuse and unauthorized access, disclosure, alteration and destruction, taking into due account the risks involved in the processing undertaken and the nature of the Personal Information we collect.
We will keep your personal data for as long as we need it, or as otherwise prescribed by law, for the purposes set out above. This period will vary depending on your interactions with us. We may also keep a record of correspondence with you (for example if you have made a complaint about a service) for as long as is necessary to protect us from a legal claim.
You may unsubscribe from any of our online e-mail updates and marketing by following the unsubscribe instructions in the body of any e-mail message we have sent to you. We will take commercially reasonable steps to implement your unsubscribe requests promptly, but you may still receive promotional information from us by mail for up to 45 days, and up to 10 days for e-mail. You may also continue to receive information from those third parties to whom we have previously disclosed your Personal Information.
Please note that when you unsubscribe from our marketing communications, we will keep a record of your email address to ensure we do not send you marketing emails in future.
6. ACCESS TO OTHER WEBSITES
7. PROTECTING CHILDREN’S PRIVACY
8. ADDITIONAL POLICIES IN COMPLIANCE WITH THE CCPA
The CCPA affords California consumers the rights with respect to their Personal Information set forth in this section.
8.1 RIGHT TO KNOW ABOUT PERSONAL INFORMATION COLLECTED, USED, DISCLOSED, OR SOLD
California consumers have the right to request that the Company disclose what personal information it has collected, used, disclosed, and sold over the 12-month period preceding the Company’s receipt of such a request. To exercise this right, a California consumer must submit to the Company a verifiable request to know such information. This request can be submitted by following the procedures set forth in the Contact Us section.
8.2 RIGHT TO REQUEST DELETION OF PERSONAL INFORMATION
California consumers have the right to request the deletion of their personal information collected or maintained by the Company. To exercise this right, a California consumer must submit to the Company a verifiable request to delete such information. This request can be submitted by following the procedures set forth in the Contact Us section.
8.3 RIGHT TO NON-DISCRIMINATION FOR THE EXERCISE OF A CONSUMER’S PRIVACY RIGHTS
California consumers have the right to not be discriminated against because the consumer exercised any of the consumer’s rights under the CCPA. That means that the company may not deny goods or services to the consumer, charge different rates for goods or services, or provide a different level or quality of goods or services if the consumer chooses to exercise their rights under the CCPA (unless the different rate or different level or quality is reasonably related to the value to the business of the consumer’s data).
8.4 SUBMITTING A CCPA DATA REQUEST
To submit a request to know about the Personal Information we collect about you as described in Section 8.1 or a request for deletion of your Personal Information as described in 8.2, please contact us by emailing us at firstname.lastname@example.org.
We are required to verify the identity of the individual requesting access to a consumer’s data or requesting deletion of a consumer’s data. To verify your identity, you must provide:
- userid and password for our Site; or
- if we have previously received your email address, we may verify that you have access to that email address by sending a verification code; or
- if we have previously received your mobile number, we may text you a verification code.
8.5 AUTHORIZED AGENT
California consumers may designate an authorized agent to exercise a CCPA right on the consumer’s behalf. If a consumer utilizes an authorized agent to exercise a CCPA right, the following proof that the agent has been authorized to act on the consumer’s behalf will need to be provided:
- Proof of written permission by the consumer for the authorized agent to act on his or her behalf and separate verification of the consumer; or
- Proof that the authorized agent holds a power of attorney to act on the consumer’s behalf pursuant to Cal. Probate Code §§ 4000-4465.
9. ADDITIONAL POLICIES IN COMPLIANCE WITH CalOPPA
According to CalOPPA we agree to the following:
- Users can visit our Site anonymously
Users are able to change their personal information:
- By logging in to their account
We honor do not track signals and do not track, plant cookies, or use advertising when a Do Not Track (DNT) browser mechanism is in place.
10. ADDITIONAL POLICIES IN COMPLIANCE WITH THE EEA PRIVACY LAWS
10.1 GDPR DEFINITIONS
“Controller” means the Company which is the organization that determines the purposes for which, and the manner in which, any Personal Information is Processed and used in its business.
“Processor” means any Person Processing Personal Information.
“Person” means a natural person, corporation, association, organization, partnership, or other legal entity.
“Processing” is any activity that involves use of the Personal Information. It includes, without limitation, obtaining, recording or holding the Personal Information, or carrying out any operation or set of operations on the Personal Information including organizing, amending, retrieving, using, disclosing, erasing or destroying it. Processing also includes transferring Personal Information to third parties.
10.2 THE LEGAL BASIS FOR PROCESSING YOUR PERSONAL INFORMATION
In order to comply with the GDPR, we are required to set out the legal basis for the processing of your Personal Information. In accordance with the purposes for which we collect and use your Personal Information, as set out above, the legal basis for processing your Personal Information will typically be one of the following:
- our own legitimate business interests, or the legitimate business interests of our third party suppliers, vendors, and subcontractors, such as, for example, providing direct marketing to our customers of our materials and services that we think would be of interest, permitting prospective employees to search and apply for job opportunities, handling inquiries from our, vendors and customers, or other instances where we have carried out a legitimate interests assessment and have established an existing legitimate interest;
- the performance of a contract that we have in place with you;
- your consent where appropriate; or
- compliance with our legal obligations, including to meet national security or law enforcement requirements.
10.3 WHERE WE STORE YOUR PERSONAL INFORMATION
Unfortunately, the transmission of information via the Internet is not completely secure. Although we will do our best to protect your Personal Information, we cannot guarantee the security of your data transmitted to our Site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorized access.
10.4 ADDENDUM TO HOW LONG WE STORE YOUR PERSONAL INFORMATION
In some cases, there is a legal requirement to keep Personal Information for a minimum period of time. Except in those circumstances, we do not keep your Personal Information for any longer than is necessary for the purposes for which the Personal Information was collected or for which it is to be further processed.
10.5 YOUR RIGHTS WITH RESPECT TO YOUR PERSONAL INFORMATION
Subject to certain exceptions, you have the following rights with respect to your Personal Information:
- To receive or access a copy of the Personal Information that we hold about you;
- To request that any inaccurate or incomplete Personal Information be corrected or supplemented;
- To have your Personal Information erased, unless we have a legitimate reason to retain the Personal Information (such as if we are required to do so for legal reasons); and
- To ask us not to process your Personal Information for a particular purpose, including for marketing.
All of these rights are subject to certain conditions and exemptions. For example, we will not be obligated to erase your Personal Information if we need to retain it to protect ourselves in the event of a legal claim.
To exercise any of these rights, please submit a written request to us using the contact information set forth below. The Company reserves the right to charge a fee in dealing with such a request as permitted by applicable law and regulations. You may also opt out of receiving additional marketing information by using the unsubscribe feature in any marketing email we send you.
12. FAIR INFORMATION PRACTICES
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect Personal Information.
In order to be in line with Fair Information Practices we will take the following responsive action, should a data breach occur, we will notify the users via email within 7 business days
We also agree to the individual redress principle, which requires that individuals have a right to pursue legally enforceable rights against data collectors and processors who fail to adhere to the law. This principle requires not only that individuals have enforceable rights against data users, but also that individuals have recourse to courts or a government agency to investigate and/or prosecute non-compliance by data processors.
13. CAN SPAM ACT
The CAN-SPAM Act is a law that sets the rules for commercial email, establishes requirements for commercial messages, gives recipients the right to have emails stopped from being sent to them, and spells out tough penalties for violations.
We collect your email address in order to:
- Process orders and to send information and updates pertaining to orders
- Send you additional information related to our materials or Service.
To be in accordance with CANSPAM we agree to the following:
- NOT use false, or misleading subjects or email addresses
- Identify the message as an advertisement in some reasonable way
- Include the physical or post office box address of our business or site headquarters
- Monitor third party email marketing services for compliance, if one is used.
- Honor opt-out/unsubscribe requests quickly
- Allow users to unsubscribe by using the link at the bottom of each email
If at any time you would like to unsubscribe from receiving future emails, you can follow the instructions at the bottom of each email and we will promptly remove you from ALL correspondence.
14. CONTACTING US
PO Box 270757, San Diego, CA 92198-2757
Please submit CCPA-specific data requests through the procedures set forth in Section 8.
[January 20, 2022]
Masters of Self University Client Terms of Service
Welcome to Masters of Self University and Our Website!
Masters of Self University (“MSU”) is a California corporation who owns and operates www.mastersofselfuniversity.com (the “Website”). These Masters of Self University Client Terms of Service (the “Client Terms” or “Terms of Service”) describe your rights and responsibilities when visiting ( a “Visitor”) and using the Website and Our online courses, coaching sessions, coaching certification program or other related services or Our mobile applications, if any (the “Services”) as a public user. These Client Terms apply to all Visitors and users of Our Services. Each user of Our Services is a “Client”. You should read the entire Client Terms carefully before accessing, downloading, and/or using the Services.
These Client Terms are part of a legally binding contract between you and MSU. By accessing or using the Services, or continuing to access or use the Services after being notified of a change to these Client Terms, you will be confirming that you have read, understand and agree to be bound by the changed Client Terms. “We”, “Our” and “Us” refers to Masters of Self University.
Clients register online for all of Our courses. The registration process is completed upon the Client’s payment for the selected course, except when registering for a coaching program or Mystical Life Coach Certification program, which both require an initial one-on-one consultation with a certified Mystical Life Coach (scheduled when you begin the online registration process), before a registrant may be accepted into the program. During the initial one-on-one consultation payment terms will be set and the registrant may then proceed with payment using either Our Kajabi or PayPal payment portal. The payment terms and conditions agreed to by the Client when registering for a course are referred to herein as the “Contract”. Fees when paid are non-refundable, except as expressly stated otherwise in the Contract. Fees are stated exclusive of any taxes, levies, duties, or similar governmental assessments of any nature, including, for example, value-added, sales, user or withholding taxes, assessable by any jurisdiction (collectively, “Taxes“). The Client is responsible for paying all Taxes associated with their purchase.
If any fees owed to Us by a Client (excluding amounts disputed in good faith) are 7 days or more overdue, We may, without limiting Our other rights and remedies, disable access to Our Services, until those amounts are paid in full, or until mutually agreed upon payment terms are reached between Us and the Client. The Client acknowledges and agrees that disabling access to the Services will result in a loss of access to Client and the Services will be unavailable until access is restored. The Client must pay for all reasonable costs We incur to collect any past due amounts, including without limitation reasonable attorneys’ fees and other legal fees and costs.
You Must be Over the Legal Age
We do not allow use of Our Services by anyone younger than age 18 or the age of majority, whichever is older. If you learn that anyone younger than 18 or the age of majority, as applicable, is using the Services or has unlawfully provided Us with personal data, please contact Us and We will take steps to end such usage or delete such information.
While You Are Here, You Must Follow the Rules
We may terminate your use of our Services if you do not follow the rules when using the Services; see Term and Termination below.
Providing the Services
We will ensure (a) the Services are provided in a workmanlike and professional manner in accordance with generally recognized industry standards for similar services; and (b) subject to the “Non-Payment” section, We will not materially decrease the functionality of a Service during the applicable term ( 3 to 5 months) of your subscription for a Service. For any breach of Our responsibilities set forth in this section, the Client’s exclusive remedies are those described in the sections title “Termination for Cause” and “Effects of Termination”.
We may use Our employees, agents, and third-party affiliates in exercising Our rights and performing Our obligations under these Client Terms and the Contract. We will be responsible for Our employees, agents, and third-party affiliates compliance with Our obligations under these Client Terms and the Contract.
We Own Our Content
All content contained on the Website (collectively “Content”) such as text, graphics, logos, icons, images, audio and video clips, digital downloads, data compilations, and software is our property or the property of our licensors or licensees and the compilation of the Content on the Website is our exclusive property, protected by United States and international copyright laws and treaties and conventions.
We own and will continue to own Our Services, including all related intellectual property rights.
User-Generated Content; User-Generated Content License
You may post reviews, comments, photographs, and other content; send communications; and submit suggestions, ideas, comments, questions, or other information (“User-Generated Content”), so long as none of these materials are illegal, obscene, threatening, defamatory, invasive of privacy, infringing on intellectual property rights, or otherwise injurious to third parties or objectionable and do not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of “spam.” Content transmitted to us during a Client’s participation in online course work, coaching session, or coaching certification session is not User-Generated Content and We will not use such content without your prior written approval. If we request your approval to use content transmitted to us during a Client’s participation in online course work, coaching session, or coaching certification session, we will identify the personal information to be shared, the purpose for such sharing and we will NOT use such personal information without your prior written approval. For purposes of these Terms of Service, “Personal Information” means information (whether stored electronically or in paper-based filing systems) relating to a living individual who can be identified from that data (or from that data and other information in our possession)
If you post or send any User-Generated Content to us, intentionally or unintentionally, we (and such others as we may designate from time to time) shall have the unrestricted rights to the use thereof for any and all purposes whatsoever, commercial or otherwise, without any further permission from, or any payment to, you or anyone else. We and our designees also shall have the right (but no obligation) to use the name that you submit, as well as any other name by which you are or may be known, in connection with User-Generated Content. Without limiting the generality of the foregoing, you hereby unconditionally grant to us a perpetual, non-exclusive, irrevocable, fully-paid, royalty-free, sub-licensable and transferable universal license to use, re-use, reproduce, transmit, print, publish, display, exhibit, distribute, re-distribute, copy, host, store, cache, archive, index, categorize, comment on, broadcast, stream, download, edit, alter, modify, adapt, translate, create derivative works based upon and publicly perform User-Generated Content, in whole or in part, by all means and in all media now known or hereafter devised for any and all purposes without further notice to you and with or without attribution (the “User-Generated Content License“). You agree to the User-Generated Content License whether or not your User-Generated Content is used by us.
You agree that User-Generated Content will not be subject to any expectation of trust or confidence between us and that no confidential or fiduciary relationship is intended or created between you and us. To the extent that any so-called “moral rights,” “neighboring rights” or similar or analogous rights apply to any User-Generated Content and which are not exclusively owned by us, you agree not to enforce or assign, or permit any third party to enforce or assign, any such rights.
Each time that you access the Website, or post or submit User-Generated Content, you agree that the User-Generated Content License is ratified and confirmed with respect to such User-Generated Content and all User-Generated Content previously posted or submitted by you.
You may not use a false e-mail address, impersonate anyone, or otherwise mislead as to the origin of any content. We reserve the right (but not the obligation) to remove or edit any such content, but we do not regularly review posted content.
Client Likeness – Express Grant of Limited Rights, Assignment and Release
We may request the use of your Personal Information (including your personal likeness) for marketing and promotional purposes. If we make such a request, we will identify the Personal Information to be shared, the purpose(s) for such sharing and we WILL NOT use such Personal Information WITHOUT your prior written approval or for a purpose other than requested. With such approval, you grant and assign to MSU the full and irrevocable right to take, edit, alter, copy, exhibit, publish, license, distribute use and/or otherwise exploit, in whole or in part, any and all pictures, videos and/or digital images of Client identified by you in your approval (each a “Photo” and collectively the “Photos”) for the purpose requested and in all forms of media now known or later conceived, and without payment or any other consideration beyond the consideration provided by using the Services. This grant of rights extends to all languages and markets now known or hereafter created.
Client acknowledges that once Client approves the use of Client’s likeness for the stated purpose, the Photo or Photos become the property of MSU for use only with respect to approved purpose and Client waives any right to inspect or approve the Photos, inspect or approve any text, graphics, images, videos, digital asset or other content created in connection with or combined with a photo or photos, or receive any royalties or other consideration other than the benefit the Client receives from using the Services.
Client releases MSU from any and all liability arising from the permitted use of one or more Photos related to the Services, including without limitation liability based upon copyright infringement, invasion of privacy, right of publicity, libel, defamation or false light, or resulting from any alteration, blurring, optical illusion, use in composite form, distortion or other modification that may occur, intentionally or otherwise, in connection with the taking, receiving, processing and/or other use of one or more Photos.
Our Removal Rights. If there is a violation of these Client Terms that can be remedied by the removal of certain Client created content, We may directly remove that content.
License to Use Our Services
We may add new services, including without limitation digital courses with workbook components that, when made available to Clients, will become part of the Services. Subject to the terms and conditions of this Agreement, We hereby grant you a limited, non-exclusive, non-sublicensable, non-transferable license to access and use the Website and Services solely for your own use. The license granted herein is expressly conditioned on your continued compliance with the terms and conditions of this Agreement.
All of Our rights not expressly granted by this license are hereby retained.
Restrictions on License Grant
Your use of the Website and Services is limited to the scope of the license granted in this Agreement and this Agreement does not permit you to use the Website other than as provided herein. You acknowledge that the Website constitutes a valuable asset of MSU. You acknowledge and agree that except as otherwise authorized under this Agreement or otherwise specified in writing between the parties:
- You shall not license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, grant a security interest in, or otherwise transfer any rights to, or commercially exploit, the Website or the Content or use the Website to run, or to in part run, a competing operation;
- You shall not copy, reproduce, republish, upload, post, transmit or distribute the Website or the Content in any way, except that you may copy and reproduce the Content for your personal use;
- You shall not modify, translate, alter, adapt, decompile, disassemble (except to the extent applicable laws specifically prohibit such restriction), reproduce, distribute or display, or create derivative works, compilations or collective works based on the Website or the Content;
- You shall not knowingly or negligently permit other individuals or entities to use or copy the Website, or create Internet “links” to the Website or “frame” or “mirror” the Website on any other server or wireless or Internet-based device;
- You shall not access the Website for any reason, including without limitation, in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Website, (c) copy any ideas, features, functions or graphics of the Website, (d) monitor its availability, performance or functionality, or (e) for any other benchmarking or competitive purposes;
- You shall not attempt to use or gain unauthorized access to Our data, accounts, hosts, systems or networks or any of Our visitors, Clients or suppliers, or those of any other party; breach the security of another user or system, or attempt to circumvent the user authentication or security of any host, network, or account, including, without limitation, accessing data not intended for you or logging into or making use of a server or account you are not expressly authorized to access;
- You shall not attempt to probe, scan or test the vulnerability of our system, account or network or any of Our visitors, Clients, customers or suppliers;
- You shall not interfere, or any attempt to interfere, with service to any user, host or network including, without limitation, mail-bombing, flooding, and attempting to deliberately overload the system or distribute programs that “crack,” or make unauthorized changes to, the software which operates the Website;
- You shall not forge any TCP-IP packet header or any part of any header information, falsify, alter or remove address information or other modification of e-mail headers; collect responses from unsolicited bulk messages, falsify references to MSU or the Website, by name or other identifier, in messages; impersonate any person or entity, engage in sender address falsification, forge anyone else’s digital or manual signature, or perform any other similar fraudulent activity;
- You shall not restrict, inhibit, or otherwise interfere with the ability of any other person, regardless of intent, purpose or knowledge, to use or enjoy the Website (except for tools for safety and security functions), including, without limitation, posting or transmitting any information or software which contains a worm, virus, or other harmful feature, or generating levels of traffic sufficient to impede others’ ability to use, send, or retrieve information;
- You shall not restrict, inhibit, interfere with, or otherwise disrupt or cause a performance degradation, regardless of intent, purpose or knowledge, to the Website or any Our (or one of Our supplier’s) host server, backbone network, node or service, or otherwise cause a performance degradation to Our (or Our supplier’s) facilities used to deliver the Website; and
- You shall not create or use any program, tags, markers, bots, mousetraps, hijackers or other similar computer routines or sub-routines to automatically access or manipulate the Website.
Because of the difficulty associated with quantifying damages, in addition to any other damages to which We may be entitled, if actual damages cannot be reasonably calculated then you agree to pay Us liquidated damages of $250 for each violation of this section or the maximum liquidated damages permitted under law, whichever is greater; and you agree to pay Our actual damages, to the extent such actual damages can be reasonably calculated.
“Confidential Information” means non-public information, including without limitation trade secrets, in any form, that is disclosed hereunder by either MSU or Client (the “Disclosing Party”) to the other Party (“Recipient”), and that is proprietary and confidential to the Disclosing Party, and includes, without limitation, strategies, plans, schematics, specs, intellectual property, operational methods and metrics, financial information (including costs and pricing), market information, employee information, supplier and customer related information, and any other information or methods, observed or obtained. Confidential Information does not include information of a Party that is: (i) in the public domain through no fault of Recipient; (ii) rightfully in Recipient’s possession prior to disclosure by the Disclosing Party, free of any obligation of confidence; or (iii) developed by Recipient or on its behalf, independently of and without reference to Confidential Information communicated to Recipient by Disclosing Party. Recipient shall not use or disclose Confidential Information to any third party without the prior written consent of Disclosing Party. These confidentiality provisions shall survive the expiration or termination of the Client Terms and the Contract.
Recipient agrees: (i) to protect from disclosure the Confidential Information of the disclosing Party using the same degree of care the receiving Party uses to protect its own confidential information, but in no event less than commercially reasonable care; and (ii) not to copy, publish, show or disclose the Confidential Information to any third party without the disclosing Party’s prior written consent. The receiving Party shall store the confidential information only in secure places. The receiving Party shall be responsible for any use or disclosure of Confidential Information by any of its authorized employees, agents, customers, end users or representatives. Client shall not remove any copyright, trademark, service mark, patent or other proprietary rights notice attached to or included in any Confidential Information furnished by MSU.
Ownership of Confidential Information
By providing Client with access to its Confidential Information, MSU is not waiving any confidentiality privilege or trade secret protection associated with such Confidential Information, nor is MSU granting or creating any license in favor of Client to use the Confidential Information other than as expressly set forth in these Client Terms. Moreover, Client acknowledges and agrees that MSU retains the sole and exclusive right, title, and interest in and to its Confidential Information.
Term and Termination
As further described below, a paid subscription has a term that may expire or be terminated. The Contract remains effective until all subscriptions under the Contract have expired or have been terminated or the Contract itself terminates. Termination of the Contract will terminate all subscriptions and trials under the Contract.
Termination for Cause
We or the Client may terminate the Contract on notice to the other party if the other party materially breaches the Contract or these Client Terms and such breach is not cured within ten (10) days after the non-breaching party provides notice of the breach. We may terminate the Contract immediately on notice to the Client if We reasonably believe that the Services are being used by the Client in violation of applicable law.
Effect of Termination
Upon any termination for cause by the Client, we will refund the Client any prepaid fees covering the term of all membership subscriptions after the effective date of termination. Upon any termination for cause by Us, the Client will pay any unpaid fees covering the remainder of the term of those subscriptions, coaching, or certification programs after the effective date of termination. In no event will any termination relieve the Client of the obligation to pay any fees payable to Us for the period prior to the effective date of termination. If a Client becomes a paid member of MSU there will be no refund provided once the Client has accessed the video resource library. No refunds will be provided to any Client for coaching services or for those who participate in certification programs once the Client has accessed digital and written course content and attended their first coaching session or class session with a certified coach.
Disclaimer of Warranties
EXCEPT AS EXPRESSLY PROVIDED FOR HEREIN, THE SERVICES AND ALL RELATED COMPONENTS AND INFORMATION ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND, AND WE EXPRESSLY DISCLAIM ANY AND ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, TITLE, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. YOU ACKNOWLEDGE THAT WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVERS THAT MAKE SUCH CONTENT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS AND YOU ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION OF ANY OF YOUR EQUIPMENT OR SOFTWARE. YOU MAY HAVE CERTAIN RIGHTS UNDER YOUR LOCAL LAW. NOTHING IN THIS AGREEMENT IS INTENDED TO AFFECT THOSE RIGHTS IF THEY ARE APPLICABLE.
THE WEBSITE AND PRODUCTS/SERVICES CONTAINED THEREON ARE NOT SUBSTITUTES FOR THE ADVICE AND TREATMENT OF A LICENSED HEALTHCARE PROFESSIONAL. NOT ALL PRODUCTS AND SERVICES ARE SUITED FOR EVERYONE. WE MAKE NO REPRESENTATIONS OR WARRANTIES AND EXPRESSLY DISCLAIM ANY AND ALL LIABILITY CONCERNING ANY TREATMENT OR ANY ACTION FOLLOWING THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE. IF YOU HAVE SPECIFIC CONCERNS OR A SITUATION IN WHICH YOU REQUIRE PROFESSIONAL ADVICE, YOU SHOULD CONSULT WITH AN APPROPRIATELY TRAINED AND QUALIFIED SPECIALIST, SUCH AS A LICENSED PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL. NEVER DISREGARD THE MEDICAL ADVICE OF A PSYCHOLOGIST, PHYSICIAN OR OTHER HEALTH PROFESSIONAL, OR DELAY IN SEEKING SUCH ADVICE, BECAUSE OF THE INFORMATION OFFERED OR PROVIDED WITHIN OR THROUGH THE WEBSITE.
WE EXPLICITLY DISCLAIM ANY RESPONSIBILITY FOR THE ACCURACY, COMPLETENESS OR AVAILABILITY OF INFORMATION, CONTENT AND MATERIALS FOUND ON SITES THAT LINK TO OR FROM THE WEBSITE. WE CANNOT ENSURE THAT YOU WILL BE SATISFIED WITH ANY PRODUCT OR SERVICE THAT YOU PURCHASE FROM A THIRD PARTY WEBSITE THAT LINKS TO OR FROM THE WEBSITE OR THIRD PARTY INFORMATION, CONTENT OR MATERIALS CONTAINED ON OUR WEBSITE. WE DO NOT ENDORSE ANY OF THE MERCHANDISE, NOR HAVE WE TAKEN ANY STEPS TO CONFIRM THE ACCURACY, COMPLETENESS OR RELIABILITY OF, ANY OF THE INFORMATION, CONTENT OR MATERIALS CONTAINED ON ANY THIRD PARTY WEBSITE. WE DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES AS TO THE SECURITY OF ANY INFORMATION, CONTENT OR MATERIALS (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION) YOU MIGHT BE REQUESTED TO GIVE TO ANY THIRD PARTY. YOU HEREBY IRREVOCABLY AND UNCONDITIONALLY WAIVE ANY AND ALL CLAIMS AGAINST US WITH RESPECT TO INFORMATION, CONTENT AND MATERIALS CONTAINED ON THE WEBSITE (INCLUDING, WITHOUT LIMITATION, USER-GENERATED CONTENT), ON THIRD PARTY SITES, AND ANY INFORMATION, CONTENT AND MATERIALS YOU PROVIDE TO OR THROUGH ANY SUCH THIRD PARTY SITES (INCLUDING, WITHOUT LIMITATION, CREDIT CARD AND OTHER PERSONAL INFORMATION). WE STRONGLY ENCOURAGE YOU TO MAKE WHATEVER INVESTIGATION YOU FEEL NECESSARY OR APPROPRIATE BEFORE PROCEEDING WITH ANY ONLINE OR OFFLINE TRANSACTION WITH ANY THIRD PARTY.
Limitation of Liability
IN NO EVENT (INCLUDING NEGLIGENCE) SHALL WE BE LIABLE TO YOU OR ANYONE ELSE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), PERSONAL INJURY (INCLUDING DEATH) (INCLUDING CLAIMS OF MENTAL OR EMOTIONAL HARM) OR PROPERTY DAMAGE OF ANY KIND OR NATURE WHATSOEVER THAT ARISE OUT OF OR RESULT FROM: (A) THE USE OF, OR ANY INABILITY TO USE, THE WEBSITE, THE SERVICES, OR ANY CONTENT OR FUNCTIONS THEREOF; OR (B) ANY ACT OR OMISSION, ONLINE OR OFFLINE, OF ANY USER OF THE WEBSITE OR ANYONE ELSE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, TO THE MAXIMUM EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ALL LOSS, COST, DAMAGE, LIABILITY OR EXPENSE (INCLUDING ATTORNEYS FEES AND COSTS) THAT YOU MAY SUFFER OR INCUR, UNDER ANY THEORY OF LIABILITY, IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED THE LESSER OF THE REPLACEMENT, REPAIR OR RESUPPLY OF THE SERVICES OR THE PRO-RATA REFUND TO THE CLIENT OF PRE-PAID FEES FOR THEIR SUBSCRIPTION COVERING THE REMAINDER OF THE TERM.
You will, at Our option, defend Us from and against any and all third party claims, actions, suits, proceedings, and demands arising from or related to the your violation of these Client Terms (a “Claim Against Us”), and will indemnify Us for all reasonable attorney’s fees incurred and damages and other costs awarded against Us in connection with or as a result of, a final non-appealable judgment from a court of competent jurisdiction or settlement the Client approves of in connection with a Claim Against Us. We must provide the Client with a prompt written notice of any Claim Against Us and allow the Client the right to assume the exclusive defense and control and We must cooperate with any reasonable requests assisting the Client’s defense and settlement of such matter.
The sections titled “Disclaimer of Warranties”, “Limitation of Liability,” “Indemnification,” and “Survival,” and all of the provisions under the general heading “General Provisions” will survive any termination or expiration of the Client Terms.
Copyrights and Trademarks Notices
You acknowledge and agree that all content presented in the Services are protected by copyrights, trademarks, or other proprietary rights owned by Us, Our suppliers and/or other third-parties with whom a Client may come in contact. MSU and the names, logos, and icons of all Our courses, workbooks, processes, products, software, and the Services, as applicable, may be either trademarks or registered trademarks of Masters of Self University. The names of actual companies and products may be the trademarks of their respective owners. Any rights not expressly granted in these Client Terms are reserved.
Digital Millennium Copyright Act
We take the intellectual property rights of others seriously and require that visitors and Clients do the same. We strive to respond quickly when We receive proper notice of an intellectual property infringement by removing or disabling access to the allegedly infringing material. When We remove or disable access in response to a notice, We make a reasonable attempt to contact the affected visitor or Client, provide information about the notice and removal, and, in cases of alleged copyright infringement, provide information about how to submit a counter notice. We may also provide a copy of the infringement notice, including the name and email address of the reporting party, to the affected visitor or Client.
We comply with the provisions of the Digital Millennium Copyright Act applicable to internet service providers (17 U.S.C. §512, as amended, the “DMCA”). The DMCA establishes a process for addressing claims of copyright infringement that We have implemented for Our Services.
Notice of Intellectual Property Infringement
If you own intellectual property or have authority to act on behalf of the owner of intellectual property and want to report a claim that a third party is infringing upon such property through Our Service, please send a notice that includes all of the items below and We will expeditiously take appropriate action:
- A description of the intellectual property that you claim is being infringed;
- A description of the material you claim is infringing and that you want removed or access to which you want disabled and the URL or other location of that material;
- Your address, telephone number, and email address;
- The following statement: “I have a good faith belief that the use of the intellectual property I am complaining of is not authorized by the owner of the intellectual property, its agent, or the law (e.g., as a fair use)”;
- The following statement: “The information in this notice is accurate and, under penalty of perjury, I am the owner, or authorized to act on behalf of the owner, of the intellectual property or of an exclusive right that is allegedly infringed”; and
- An electronic or physical signature of the owner of the intellectual property or a person authorized to act on the owner’s behalf.
We may request additional information before processing a notice, such as identity verification of the reporting party or documentation regarding the claimed right. We may reject notices or counter notices that contain information We believe is false, fraudulent, incomplete, or otherwise submitted in bad faith. We also reserve the right to take action against abusers of this policy. For this notification to be effective, you must provide it to Our designated agent at:
Julie White, DMCA Designated Agent
Masters of Self University
P.O. Box 270757, San Diego, Ca 92198-2757, United States
By email: email@example.com
We may, in appropriate circumstances, disable or terminate the accounts of users who may be repeat infringers.
This process does not limit Our ability to pursue any other remedies We may have to address suspected infringement.
DMCA Counter Notice
In accordance with the DMCA, We accept counter notices for copyright notices only. When We receive a DMCA counter notice, We will provide a copy of the counter notice to the original complaining party. The removed material may be replaced or access to it may be restored 10 business days after the counter notice is processed, unless the copyright owner files an action seeking a court order against the allegedly infringing party and informs Us of this action. Please note that under Section 512(f) of the DMCA, any person who knowingly materially misrepresents that material or activity is infringing may be subject to liability. You acknowledge and agree that if you fail to fully comply with all of the requirements listed above, your DMCA notice may not be valid.
MSU is committed to ensuring digital accessibility for people with disabilities. We are continually improving the user experience for everyone, and applying the relevant accessibility standards.
The Web Content Accessibility Guidelines (WCAG) defines requirements for designers and developers to improve accessibility for people with disabilities. It defines three levels of conformance: Level A, Level AA, and Level AAA. MSU Services are partially conformant with WCAG 2.1 level AA. Partially conformant means that some parts of the content do not fully conform to the accessibility standard.
We welcome your feedback on the accessibility of MSU Services. Please let us know if you encounter accessibility barriers on MSU Services:
- E-mail: firstname.lastname@example.org
- Postal Address: PO Box 270757, San Diego, CA 92198-2757, United States
We try to respond to feedback within 5 business days.
Email and In Service Messages
Except as otherwise set forth herein, all notices under these Client Terms will be by email or We may instead choose to provide notice by messaging through the Services. Notices to Us must be sent to email@example.com. Notices will be deemed to have been duly given (a) the next business day after it is sent, in the case of notices through email; and (b) the same day, in the case of notices through the Services.
As Our business evolves, We may change these Client Terms. If We make a material change to these Client Terms or the Acceptable Use Policy, We will provide you with reasonable notice prior to the change taking effect, either by emailing the email address associated with your account or by messaging you through the Services. You can review the most current version of these Client Terms at any time by visiting this page and by visiting the most current versions of the other pages that are referenced in these Client Terms. Any material revisions to these Client Terms will become effective on the date set forth in Our notice, and all other changes will become effective on the date We publish the change. If you use the Services after the effective date of any change, that use will constitute your acceptance of any revised terms and conditions.
No failure or delay by either party in exercising any right under these Client Terms will constitute a waiver of that right. No waiver under these Client Terms will be effective unless made in writing and signed by an authorized representative of the party being deemed to have granted the waiver.
You may not assign any of your rights or delegate your obligations under this Agreement, whether by operation of law or otherwise, without Our prior written consent. We may assign this Agreement in its entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of Our assets.
Governing Law; Venue; Fees
The parties will mutually attempt to settle any disagreements through amiable negotiations. If the disagreement cannot be settled through negotiations, then these Client Terms and any disputes arising out of or related hereto, will be governed exclusively by the applicable laws of the State of California, without regard to conflicts of laws, rules or the United Nations Convention on the International Sale of Goods. Each party hereby agrees to submit to the exclusive jurisdiction of the Superior Court of the State of California, with venue in San Diego County, California, or of the United States District Court for the Southern District of California with venue in San Diego County, California in any action or proceeding arising out of or related to these Client Terms, including terms and conditions incorporated by reference. The prevailing party will be entitled to recover their reasonable costs and attorney’s fees.
Export Regulation and Geographic Restrictions
The Services may be subject to United States export control laws, including the United States Export Administration Act and its associated regulations. You shall not, directly or indirectly, export, re-export, release or use the Services to, or make the Services accessible from, any jurisdiction or country to which export, re-export, release or use is prohibited by law, rule or regulation. You shall comply with all applicable federal laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing, or otherwise using the Services outside the United States. You acknowledge that the ability to access all or some of the User-Generated Content and the Services outside of the United States and that access thereto may not be legal by certain persons or in certain countries. If you access the User-Generated Content and the Services from outside the United States, you are responsible for compliance with local laws.
Please also feel free to contact Us if you have any questions about Our Client Terms. You may contact Us at firstname.lastname@example.org or at Our mailing address below:
Masters of Self University PO Box 270757, San Diego, CA 92198-2757 United States