MTO EDU PROGRAM ENROLLMENT – TERMS AND CONDITIONS.
These “Terms and Conditions” are a legal agreement that govern your enrollment in any MTO EDU “Program” and your use of Program’s materials and access to the program online. To enroll in the Program and to access any Program materials or participate in any Program forums, you must tick the box that states you agree with terms and conditions of this program after reading and agreeing to all of these Terms and Conditions. If you do not agree to abide by these Terms and Conditions, you may not sign up for the Program or access any Program materials or Program forums.
REFUND POLICY If you do not agree with these Terms and Conditions, do not tick the box and do not complete your purchase. NOTE: Made to Order, LLC will not provide any refunds once you have Agreed to the Terms and Conditions and accessed any Program materials. You have purchased a single-user license for you to access the Program materials solely for the limited time period of your enrollment unless agreed upon via email in advance by MTO staff. Upon registration you will receive one password for access to the Program materials. If you would like to take the Program with a colleague, you will need to sign-up separately. MTO reserves the right to suspend your access to the Program or participation in any Program online forums, without refund, if in the sole discretion of Made to Order, LLC you were unreasonably disruptive or hostile to Made to Order, LLC or other Program participants, including in online forums or when utilizing Third-Party Materials.
Ownership of Program Materials. Made to Order, LLC owns all intellectual property rights in and to the Program and all Program materials. You may not copy, republish, redistribute or create derivative works of, any Program materials. No license to sell or distribute any Program materials is granted or implied. By enrolling in the Program, you agree not to infringe any copyright or other intellectual property rights that Made to Order, LLC have in the Program and the Program materials.Made to Order, LLC shall have the right to injunctive relief to prevent or stop any violations of its rights in the Third Party Materials. Your participation in the Program includes access to online forums (including the MTO EDU Facebook group) and may include access or recommendations to utilize third party materials and tools in implementing some of the plans and strategies discussed in the Program (e.g. Facebook Groups/Page, Google Apps). These “Third-Party Materials” are not controlled or owned by Made to Order, LLC, and they may be either withdrawn or terminated by third-parties at any time without any liability on the part of Made to Order, LLC. These Third Party Materials may require that you agree to separate terms and conditions governing your use of their services. You agree that you will be responsible for all payment and other obligations associated with your use of any and all Third-Party Materials. In addition, you agree that Made to Order, LLC is not responsible for examining and evaluating the content and accuracy of any Third-Party Materials, and Made to Order, LLC does not warrant and will not have any liability or responsibility for any Third-Party Materials.
Limitation of Liability. Made to Order, LLC ASSUMES NO RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS THAT MAY APPEAR IN ANY Program MATERIALS OR ANY THIRD-PARTY MATERIALS.
UNDER NO CIRCUMSTANCES SHALL Made to Order, LLC BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL INCIDENTAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES ARISING FROM YOUR PARTICIPATION IN THE Program. YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE ACCESSING THE Program MATERIALS AND ONLINE FORUMS. BECAUSE SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS Made to Order, LLC’S LIABILITY SHALL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
Changes. Made to Order, LLC reserves the right at any time to reasonably modify these Terms and Conditions as necessary to protect its rights, as new features are added to the Program or in response to similar changes affecting the Program. Such modifications shall be effective immediately. Your continued participation in the Program, after being notified of any such changes, will be deemed your acceptance thereof. If any provision of these Terms and Conditions are held to be invalid, the validity of the remaining provisions shall in no way be affected or impaired. These Terms and Conditions constitute the entire agreement between you and Made to Order, LLC, and supersede all prior agreements concerning the matters discussed Dispute Resolution. These Terms and Conditions shall be governed by and construed in accordance with the laws of the State of California, exclusive of conflict or choice of law rules.
Any and all disputes, claims or controversies arising out of or relating to this Agreement shall be submitted to JAMS, or its successor, for mediation, and if the matter is not resolved through mediation, then it shall be submitted to JAMS, or its successor, for final and binding arbitration.
Either party may initiate arbitration with respect to the matters submitted to mediation by filing a written demand for arbitration within fifteen (15) days following the initial mediation session. Notwithstanding the foregoing, Made to Order, LLC shall be permitted, without waiving any other remedies hereunder, to seek from any court having jurisdiction any injunctive relief that is reasonably necessary to protect its intellectual property rights in the Program