There are two types of information that we obtain from you online and then store and use: (i) non-personal information that’s collected automatically from each visitor, such as your device operating system; and (ii) personal information that you voluntarily provide to us or that is collected automatically.

If you participate in certain activities via our online and mobile resources, you may be asked to provide us with information about yourself. The types of personal information we collect in those situations includes identifiers (such as your name, email address, physical address, and phone number), professional information (such as the business you are in), and financial account information (such as your credit card information). We do not sell, rent, or trade voluntarily submitted personal information with third parties.

If you don’t want us to collect this type of personal information, please don’t provide it. This means you shouldn’t participate in the activities on our online and mobile resources that request or require it and you may want to communicate with us by phone or regular mail instead. 

and transaction purposes:

Mind Mint, LLC dba Mastermind.com

2225 N. Scottsdale road

Scottsdale, Arizona 85287

PURPOSE OF THIS AGREEMENT

Welcome to Mastermind.com / Mind Mint LLC / Mastermind Consulting LLC /. We look forward to helping You grow Your on-line sales beyond anything You have done before, so You can take Your business as far as You can imagine. This Agreement sets forth Your rights and obligations as a Mastermind.com / Mind Mint LLC / BBG Enterprises / Mind Mint LLC / User. By clicking “I Agree,” You indicate that You have read and understood this Agreement and You will be bound by its Terms.

The use of www.Mastermind.com (hereafter “Website”), which is owned and maintained by Mastermind.com / Mind Mint LLC / Mastermind Consulting LLC /BBG Enterprises (“Mastermind,” “we,” “our,” “us”), is governed by the terms and conditions set forth below. We offer the Website, including all information, tools, and services available from the Website to you, the user, conditioned upon your acceptance of all terms and conditions stated here. By accessing, using, subscribing, or placing an order over the Website, you and your business agree to the terms set forth herein. If you do not agree to these terms and conditions in their entirety, you are not authorized to use the Website in any manner or form whatsoever.

THIS IS A BINDING AGREEMENT. THESE TERMS AND CONDITIONS OF USE & SALE (“TERMS”) TOGETHER WITH OUR PRIVACY STATEMENT FORM A LEGALLY BINDING AGREEMENT (“AGREEMENT”) BETWEEN YOU AND YOUR BUSINESS (“YOU”) AND MASTERMIND. THIS AGREEMENT GOVERNS YOUR ACCESS TO AND USE OF THE WEBSITE AND THE SERVICES PROVIDED BY MASTERMIND, ANY ORDER YOU PLACE THROUGH THE WEBSITE, BY TELEPHONE, OR OTHER ACCEPTED METHOD OF PURCHASE AND, AS APPLICABLE, YOUR USE OR ATTEMPTED USE OF THE PRODUCTS OR SERVICES OFFERED ON OR AVAILABLE THROUGH THE WEBSITE.

The Website is intended for businesses operated by adults. If you use the Website, you are affirming that you are at least 18 years old or the legal age of majority in your state or province of residence (whichever is greater), operate a business, have the legal capacity to enter a binding contract with us, and have read this Agreement and understand and agree to its terms.

We respect your privacy and the use and protection of your non-public, personal information. Your submission of personal information through the Website is governed by our Privacy Statement. Mastermind reserves the right to modify its Privacy Statement in its reasonable discretion from time-to-time. Our Privacy Statement is incorporated into this Agreement by reference.

As a Mastermind user, you will be required to create an account with Mastermind. You warrant that the information you provide us is truthful and accurate, and that you are not impersonating another person. You are responsible for maintaining the confidentiality of any password you may use to access your Mastermind user account, and you agree not to transfer your password or user name, or lend or otherwise transfer your use of or access to your user account, to any third party. So called “agency accounts,” or accounts in which you host funnels for third parties, are prohibited. Should your usage data indicate, in Mastermind’ sole and exclusive discretion, that you are operating an agency account, you will be subject to cancellation of your Mastermind user account or enhanced pricing for your Mastermind user account, at Mastermind’ sole and exclusive discretion. You are fully responsible for all transactions with, and information conveyed to, Mastermind under your user account. You agree to immediately notify Mastermind of any unauthorized use of your password or user-name or any other breach of security related to your user account. You agree that Mastermind is not liable, and you will hold Mastermind harmless, for any loss or damage arising from your failure to comply with any of the foregoing obligations. Please see Section 21 below for additional information.

If you have purchased a “hard good” (for example, a book or other tangible product) from Mastermind or any related brands, you may receive a limited refund if you comply with the following conditions:

1. You must request a refund in writing by contacting support@mastermind.com;

2. Your request for a refund must be made within thirty (30) days of your purchase;

3. You must return the hard goods to Mastermind immediately, according to the shipping and other instructions you will receive by email after requesting a refund;

4. The hard goods must be returned to Mastermind in like-new, or re-sellable condition, as determined in Mastermind’ sole, reasonable discretion.

If you do not want to continue your subscription after your trial comes to an end, you must contact us at least 24 hours before your trial period ends by submitting a cancellation request to us via our support email address support@mastermind.com. If you do not contact us at least 24 hours before your trial period ends to cancel, your subscription will automatically continue and the payment card that you provided at the time of enrollment online will be charged the full Mastermind monthly membership subscription rate provided at the time of enrollment each month until you cancel. Mastermind can change the monthly membership subscription rate at any time. Mastermind will provide prior written notification of any membership subscription fee changes.

If you wish to cancel your Mastermind subscription (including subscriptions for services) at any time, you must submit a cancellation request to us via our support email address support@mastermind.com or through your Account Dashboard, as detailed here. Mastermind offers both monthly and annual subscriptions. Annual subscriptions start one (1) year after the date of your purchase. Monthly and annual subscriptions (including subscriptions for services and promotional payment plans for annual subscriptions), require at least 24 hours notice of cancellation by email. If you provide such notice less than 24 hours before the first day of your next monthly or annual subscription payment, your credit card may still be charged. You will not be entitled to prorate your last month’s or year’s use, nor will you be entitled to any refund for any payments to Mastermind. Mastermind in its sole discretion may charge a cancellation fee equal to the amount the subscription was discounted.

A Mastermind user is responsible for paying all sums due to Mastermind in connection with their monthly subscription in accordance with these Terms. The first fee payable in accordance with these Terms is due when the user account is set up and payment of the monthly fee is a condition of access, or after your free trial ends and you have not canceled the automatic subscription with us. Every calendar month, your account will be charged the subscription fee plus applicable tax for the following month’s subscription, together with any other fees for the following month’s subscription plus any accumulated charges for the past period (collectively, “Fees”). Failure by the Mastermind user to use any of the services available through the service provided by Mastermind does not relieve the Mastermind user of their payment obligations under these Terms.

Potential users can pay by credit card or debit card. Payment details shall be collected by us through our secure financial data collection mechanism. You acknowledge and agree that we hold data relating to the transaction, including the last four digits and the expiration date of the card used to purchase the products or services together with details on when payment is due. You further acknowledge and agree that payments are due on a recurring basis in accordance with the payment terms for the specific service purchased (unless the subscription is cancelled in accordance with these Terms) and therefore authorize the automatic payment collection terms applicable to that specific service (e.g., on a monthly basis and for a specific amount).

IF YOU ARE A MASTERMIND USER WITH A MONTHLY SUBSCRIPTION AND YOU HAVE PROVIDED US WITH A VALID CREDIT OR DEBIT CARD NUMBER OR AN ALTERNATE PAYMENT METHOD, EACH PAYMENT WILL BE AUTOMATICALLY PROCESSED AT THE TIME OF YOUR DESIGNATED PAYMENT DATE (MONTHLY) AND WILL BE BILLED TO THE PAYMENT METHOD YOU PROVIDED TO US AT THE TIME OF YOUR ENROLLMENT. IF YOU WISH TO CANCEL YOUR SUBSCRIPTION TO MASTERMIND, YOU MAY DO SO THROUGH YOUR ACCOUNT DASHBOARD OR BY E-MAILING SUPPORT@MASTERMIND.COM AT LEAST 24 HOURS BEFORE THE FIRST DAY OF YOUR NEXT SUBSCRIPTION MONTH OR ANNUAL RENEWAL.

Mastermind reserves the right to immediately terminate a user’s account and/or service for any unpaid (in whole or part) period of the subscription (with or without notice). Termination of service in no way relieves or excuses the user from any obligation to pay outstanding charges or expenses. In the event Mastermind starts collection processes of any type, you will be liable for all collection costs, including legal fees and expenses, as provided in Section 20 below.

In addition to any Fees, Mastermind may also charge applicable value added or other tax.

Unless otherwise stated on the Website at the time of purchase, if we ship you a physical product, we reserve the right to add applicable shipping and handling fees to your order. Unless otherwise stated, we will use commercially reasonable efforts to fulfill your order within a reasonable time after receipt of your properly completed and verified order. Accurate shipping address and phone number information is required. Although we may provide delivery or shipment timeframes or dates, such dates are good-faith estimates and are subject to change. If your order will be delayed, we will contact you at the e-mail address you provided when placing your order. If we are unable to contact you or you would like to cancel your order, we will cancel the order and refund the full amount charged. We shall not be liable for any loss, damage, cost, or expense related to any delay in shipment or delivery caused by any third-party carrier or other delivery service not owned or controlled by us. The risk of loss and title for such items pass to you upon our delivery to any third-party carrier.

Products, services, and prices are generally posted, but are subject to change on Terms and Service. Mastermind reserves the right, without notice, to discontinue products or services or modify specifications and prices on products and services without incurring any obligation to you. Except as otherwise expressly provided for in these Terms, any price changes to your subscription or purchase of product(s) or services will take effect following email notice to you.

Price changes are effective on the first day of the month after the price change is posted. By accessing, using, subscribing or placing an order over the Website, you authorize Mastermind to charge your account in the amount indicated for the value of the services you select, including any future price changes. If you request a downgrade in services, the downgrade (and corresponding price reduction) will become effective on the first day of the month following your requested downgrade. By your continued use of Mastermind services, and unless you terminate your subscription as provided herein, you agree that Mastermind may charge your credit card monthly for the products and services you have selected, and you consent to any price changes for such services after e-mail notice has been provided to you.

Mastermind takes reasonable steps to ensure that the prices set forth on the Website are correct, and to accurately describe and display the items available on the Website. If the correct price of our product is higher than its stated price, we will, at our discretion, either contact you for instructions or cancel your order and notify you of such cancellation.

When ordering products or services, please note that Mastermind does not warrant that product or service descriptions are accurate, complete, current, or error-free, or that packaging will match the actual product that you receive. All sales are deemed final except as provided in Section 6 of these Terms. Mastermind’ descriptions of, or references to, products or services not owned by Mastermind are not intended to imply endorsement of that product or service or constitute a warranty by Mastermind.

Every online business is different, employing different strategic approaches and organizational structures, and offering different products and services. Therefore, individual results will vary from user to user. YOUR BUSINESS’ INDIVIDUAL RESULTS WILL VARY DEPENDING UPON A VARIETY OF FACTORS UNIQUE TO YOUR BUSINESS, INCLUDING BUT NOT LIMITED TO YOUR CONTENT, BUSINESS MODEL, AND PRODUCT AND SERVICE OFFERINGS.

You represent and warrant that you operate a business in good standing, and you agree that there are no prior or pending government investigations or prosecutions against you or your business. You also agree that you and your business will only use Mastermind’s products and services for lawful purposes and that you shall not use such products or services, whether alone or in connection with other software, hardware, or services, for any unlawful or harmful purpose. You are solely and exclusively responsible for complying with all applicable laws and regulations in running your business, including, but not limited to, all laws governing advertising and marketing claims, subscriptions, refunds, premium offers, tax laws, and all additional laws applicable to your business. You agree to notify Mastermind if any investigation or lawsuit is threatened or filed against you, whereupon Mastermind shall have the right to terminate this Agreement without liability. Mastermind shall have no liability for your violation of any laws. You are solely and exclusively responsible for collecting and reporting all sales and use tax, and any other taxes, which may apply to sales of products or services by your business including, but not limited to, taxes which may apply to voluntary donations provided by your customers (as described in Section 13 below). Mastermind shall not be responsible to collect or report any taxes which may apply to your business or sales of products or services by your business. You agree to indemnify Mastermind as set out in Section 21 below in the event that you and/or your business violates any law and a claim is threatened or asserted against Mastermind as a result.

Mastermind may offer you an opportunity to become an independent Mastermind Affiliate (“Affiliate”), wherein you have the opportunity to earn additional money for Mastermind accounts that you sell to other users. Mastermind reserves the sole and exclusive right to determine the amount of remuneration each Affiliate will receive in exchange for the Affiliate’s efforts. Affiliate commission is further discussed in the Mastermind Affiliate Agreement.

For avoidance of doubt, Affiliates are independent contractors and are not employees or agents of Mastermind. Affiliates have no authority to act on behalf of or bind Mastermind. Affiliates shall be solely and exclusively responsible for all costs and other expenses incurred. Sections 18 and 20 below – in their entirety (as well as all other terms in this Agreement) – apply to Affiliates, and further govern the relationship between Mastermind and each Affiliate.

Affiliates are responsible for following local, state, and federal laws, including but not limited to those laws outlined in Section 16 below and avoiding making misrepresentations or creating the wrong net impression of the products and services offered by Mastermind.

To find out more information about the Affiliate program and the additional terms that apply. For avoidance of doubt, all Sections of these Terms and Conditions apply to you in your role as Affiliate, unless expressly provided otherwise.

As a Mastermind user and/or Affiliate, whether or not you display the Mastermind’ Badge, you must comply with all laws, both U.S. and foreign, including, but not limited to, laws prohibiting deceptive and misleading advertising and marketing, e-mail marketing laws (including the federal CAN-SPAM Act (15 U.S.C. § 7701)), telemarketing laws (including the federal Telephone Consumer Protection Act (47 U.S.C. § 227) and the Federal Trade Commission’s Telemarketing Sales Rule (16 C.F.R. § 310)), laws governing testimonials (including the Federal Trade Commission’s Revised Endorsements and Testimonials Guides (16 CFR Part 255)), and/or any similar laws, laws relating to intellectual property, privacy, security, terrorism, corruption, child protection, or import/export laws. You are solely responsible for ensuring their compliance with all applicable laws, rules, regulations, and court orders of any kind of any jurisdiction applicable to you and your business, and any recipient to whom you send digital messages using our products or services. You have the responsibility to be aware of, understand, and comply with all applicable laws and ensure that you and all users of your account comply with such applicable laws at all times.

If you use any messaging software, or any other messaging system or other software or hardware provided by you or a third-party, you agree that you will follow all applicable laws with respect to sending messages, including without limitation the federal Telephone Consumer Protection Act. You further agree to indemnify and defend Mastermind from any claims, damages, losses, and lawsuits of any kind or nature that may be made or brought against Mastermind relating in any way to your violation of law or third-party rights by use or misuse of any messaging software or hardware, whether provided by Mastermind. You further understand and agree that Mastermind has no control over, and therefore cannot be responsible for, the functionality or failures of any third-party software, including without limitation Facebook, Facebook Messenger, and internet browser notifications. Mastermind DOES NOT WARRANT THAT ANY MASTERMIND MESSAGING SOFTWARE WILL BE COMPATIBLE WITH ANY THIRD- PARTY SOFTWARE. YOU ARE SOLELY AND EXCLUSIVELY RESPONSIBLE FOR YOUR USE OF ANY AND ALL MESSAGING SOFTWARE AND/OR HARDWARE.

COMMITMENT AGAINST HARASSMENT AND INTERFERENCE WITH OTHERS. You must not use our services, whether alone, or in connection with other software or hardware, to: (i) store, distribute, or transmit any malware or other material that you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive; or (ii) commit, promote, aid, or abet any behavior, which you know, or have reasonable grounds to believe, is or may be tortious, libelous, offensive, infringing, harassing, harmful, disruptive, or abusive. Non-limiting examples may include emails or other digital messages that promote

EXCEPT WHERE OTHERWISE INAPPLICABLE OR PROHIBITED BY LAW, IN NO EVENT SHALL MASTERMIND OR ANY OF ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, INDEPENDENT CONTRACTORS, TELECOMMUNICATIONS PROVIDERS, AND/OR AGENTS BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE, OR ANY OTHER DAMAGES, FEES, COSTS OR CLAIMS ARISING FROM OR RELATED TO THIS AGREEMENT, THE PRIVACY POLICY, THE SERVICES OR PRODUCTS, YOUR OR A THIRD PARTY’S USE OR ATTEMPTED USE OF THE WEBSITE OR ANY SOFTWARE, SERVICE, OR PRODUCT, REGARDLESS OF WHETHER MASTERMIND HAS HAD NOTICE OF THE POSSIBILITY OF SUCH DAMAGES, FEES, COSTS, OR CLAIMS. THIS INCLUDES, WITHOUT LIMITATION, ANY LOSS OF USE, LOSS OF PROFITS, LOSS OF DATA, LOSS OF GOODWILL, COST OF PROCUREMENT OF SUBSTITUTE SERVICES OR PRODUCTS, OR ANY OTHER INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, CONSEQUENTIAL, OR OTHER DAMAGES. THIS APPLIES REGARDLESS OF THE MANNER IN WHICH DAMAGES ARE ALLEGEDLY CAUSED, AND ON ANY THEORY OF LIABILITY, WHETHER FOR BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE AND STRICT LIABILITY), WARRANTY, OR OTHERWISE.

IN NO EVENT SHALL MASTERMIND’ LIABILITY TO YOU OR YOUR BUSINESS EXCEED THE AMOUNT OF THREE (3) TIMES THE PAYMENTS PAID BY YOU TO MASTERMIND FOR THE MONTH PRECEDING THE DATE IN WHICH THE FACTS GIVING RISE TO A CLAIM AGAINST MASTERMIND OCCURRED OR TWO-THOUSAND DOLLARS ($2,000), WHICHEVER IS GREATER.

PLEASE READ THIS ARBITRATION PROVISION CAREFULLY TO UNDERSTAND YOUR AND YOUR BUSINESS’ RIGHTS. EXCEPT WHERE PROHIBITED BY LAW, YOU AND YOUR BUSINESS AGREE THAT ANY CLAIM THAT YOU OR YOUR BUSINESS MAY HAVE IN THE FUTURE MUST BE RESOLVED THROUGH FINAL AND BINDING CONFIDENTIAL ARBITRATION. YOU ACKNOWLEDGE AND AGREE THAT YOU AND YOUR BUSINESS ARE WAIVING THE RIGHT TO A TRIAL BY JURY. THE RIGHTS THAT YOU AND YOUR BUSINESS WOULD HAVE IF YOU WENT TO COURT, SUCH AS DISCOVERY OR THE RIGHT TO APPEAL, MAY BE MORE LIMITED OR MAY NOT EXIST. YOU AGREE THAT YOU AND YOUR BUSINESS MAY ONLY BRING A CLAIM IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF (LEAD OR OTHERWISE) OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. YOU FURTHER AGREE THAT THE ARBITRATOR MAY NOT CONSOLIDATE PROCEEDINGS OR CLAIMS OR OTHERWISE PRESIDE OVER ANY FORM OF A REPRESENTATIVE OR CLASS PROCEEDING.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS LIMITED. HOWEVER, AN ARBITRATOR CAN AWARD ON AN INDIVIDUAL BASIS THE SAME DAMAGES AND RELIEF AS A COURT (INCLUDING INJUNCTIVE AND DECLARATORY RELIEF OR STATUTORY DAMAGES) AND MUST FOLLOW THESE TERMS AS A COURT WOULD.

If you have a complaint, dispute, or controversy, you agree to first contact us at support@mastermind.com to attempt to resolve the dispute or controversy informally. Any controversy or claim arising out of or related to the use of the Website, any product, service, or software, these Terms, the Privacy Policy, any affiliate agreement, or your relationship with us that cannot be resolved through such informal process or through negotiation within one hundred and twenty (120) days shall be resolved by binding, confidential arbitration administered by the American Arbitration Association (“AAA”), and judgment on the award rendered may be

entered in any court having jurisdiction thereof. We agree that any claim we may have against you or your business will also be subject to this arbitration provision, except as provided in Sections 20 and 21 below. The arbitration will be conducted by a single neutral arbitrator in the English language in Maricopa County, Arizona, unless we both agree to conduct the arbitration by telephone or written submissions. The arbitrator shall be selected by agreement of the parties or, if the parties cannot agree, chosen in accordance with Rules of the AAA. The arbitration will be conducted in accordance with the provisions of the AAA’s Commercial Arbitration Rules and Procedures, in effect at the time of submission of the demand for arbitration. The AAA’s Rules are available at www.adr.org or by calling 1-800-778-7879. The arbitrator shall have the exclusive and sole authority to resolve any dispute relating to the interpretation, construction, validity, applicability, or enforceability of these Terms and Conditions of Use and Sale, the Privacy Policy, this arbitration provision, and any other terms incorporated by reference into these Terms and Conditions of Use and Sale. The arbitrator shall have the exclusive and sole authority to determine whether any dispute is arbitrable. The arbitrator shall have the exclusive and sole authority to determine whether this arbitration agreement can be enforced against a non-signatory to this agreement and whether a non-signatory to this agreement can enforce this provision against you or Mastermind.

Payment of all filing, administration, and arbitrator fees will be governed by the AAA’s Rules. In all other respects, the parties shall each pay their own additional fees, costs, and expenses, including, but not limited to, those for any attorneys, experts, documents, and witnesses.

The arbitrator shall follow the substantive law of the State of Idaho without regard to its conflicts of laws principles. Any award rendered shall include a confidential written opinion and shall be final, subject to appeal under the Federal Arbitration Act, 9 U.S.C. §§ 1-16, as amended. Judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.

You and Mastermind agree that disputes will only be arbitrated on an individual basis and shall not be consolidated, on a class wide, representative basis, or with any other arbitration(s) or other proceedings that involve any claim or controversy of any other party. You and Mastermind expressly waive any right to pursue any class or other representative action against each other.

Failure or any delay in enforcing this arbitration provision in connection with any particular claim will not constitute a waiver of any rights to require arbitration at a later time or in connection with any other claims except that all claims must be brought within 1 year after the claim arises (the 1-year period includes the one hundred and twenty (120) day informal resolution procedures described above).

This arbitration provision sets forth the terms and conditions of our agreement to final and binding confidential arbitration and is governed by and enforceable under the Federal Arbitration Act, 9

U.S.C. §§ 1-16, as amended.

This provision survives termination of your account or relationship with Mastermind, bankruptcy, assignment, or transfer. If the class action waiver is deemed unenforceable (i.e., unenforceability would allow arbitration to proceed as a class or representative action), then this entire arbitration provision shall be rendered null and void and shall not apply. If a portion of this arbitration provision (other than the class action waiver) is deemed unenforceable, the remaining portions of

this arbitration provision shall remain in full force and effect.YOU UNDERSTAND THAT YOU AND YOUR BUSINESS WOULD HAVE HAD A RIGHT TO LITIGATE THROUGH A COURT, TO HAVE A JUDGE OR JURY DECIDE YOUR CASE, AND TO BE PARTY TO A CLASS OR REPRESENTATIVE ACTION. HOWEVER, YOU UNDERSTAND AND AGREE TO HAVE ANY CLAIMS DECIDED INDIVIDUALLY AND ONLY THROUGH BINDING, FINAL, AND CONFIDENTIAL ARBITRATION IN ACCORDANCE WITH THIS ARBITRATION PROVISION.

In order to prevent or limit irreparable injury to Mastermind, in the event of any breach or threatened breach by you of the provisions of this Agreement or any infringement or threatened infringement by you of the intellectual property of Mastermind or a third-party, Mastermind shall be entitled to seek a temporary restraining order and preliminary and permanent injunctions or other equitable relief from a court of competent jurisdiction located in Maricopa County, Arizona restraining such breach, threatened breach, infringement, or threatened infringement. Nothing in this Agreement shall be construed as prohibiting Mastermind from pursuing in court any other remedies available to it for such breach, threatened breach, infringement, or threatened infringement, including the recovery of monetary damages from you and your business. You and your business hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, the courts of Maricopa County, Arizona for all such claims, and forever waive any challenge to said courts’ exclusive jurisdiction or venue.

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Mastermind, its directors, officers, employees, shareholders, licensors, independent contractors, subcontractors, suppliers, affiliates, parent companies, subsidiaries, and agents from and against any and all claims, actions, loss, liabilities, damages, expenses, demands, and costs of any kind, including, but not limited to attorneys’ fees and costs of any litigation or other dispute resolution, arising out of, resulting from, or in any way connected with or related to (1) your use, misuse, or attempt to use the Website, software, products, or services, (2) information you submit or transmit through the Website, (3) your breach of these Terms, the documents they incorporate by reference, the Agreement, or the representations and warranties provided by you in this Agreement, or (4) your violation of any law or the rights of a third-party.

If you believe that materials or content available on the Website infringes any copyright you own, you or your agent may send Mastermind a notice requesting that Mastermind remove the materials or content from the Website. If you believe that someone has wrongly filed a notice of copyright infringement against you, you may send Mastermind a counter-notice. Notices and counter-notices should be sent to Mastermind, Attention Legal Department, 2225 N. Scottsdale Road, Scottsdale, AZ 85287, or by e-mail to support@mastermind.com. These Terms fully incorporate by reference the DMCA Policy.

This Agreement will take effect (or shall re-take effect) at the time you click “ACTIVATE MY ACCOUNT NOW,” “PAY NOW,” “ORDER NOW”, “SUBMIT”, “BUY NOW”, “PURCHASE”, “I ACCEPT”, “I AGREE” or similar links or buttons, otherwise submit information through the Website, respond to a request for information, begin installing, accessing, or using the Website, complete a purchase, select a method of payment, and/or enter in payment method information, whichever is earliest. If, in our sole discretion, you fail, or we suspect that you have failed, to comply with any term or provision of the Agreement or violated any law, whether in connection with your use of Mastermind or otherwise, we may terminate the Agreement or suspend your access to the Website at any time without notice to you. Sections 11, 12, 16 through 21, and 24 through 33 of this Agreement, as well as any representations, warranties, and other obligations made or undertaken by you, shall survive the termination of this Agreement and/or your account or relationship with Mastermind.

Upon termination, you remain responsible for any outstanding payments to Mastermind.

No failure or delay on the part of Mastermind in exercising any right, power or remedy under this Agreement may operate as a waiver, nor may any single or partial exercise of any such right, power, or remedy preclude any other or further exercise of such right, power, or remedy, or the exercise of any other rights, power, or remedy under this Agreement. A waiver of any right or obligation under this Agreement shall only be effective if in writing and signed by Mastermind.

This Agreement and any issue or dispute arising out of or otherwise related to this Agreement or your access to or use of the Website, our Privacy Statement or any matter concerning Mastermind, including your purchase and use or attempted use of any service or product, shall be governed exclusively by the laws of State of Arizona without regard to its conflicts of laws principles. To the extent that any claim or dispute is found by the arbitrator or (if proper) a court of competent jurisdiction to be excluded from the arbitration agreement in Section 19 above, the parties agree any such claim or dispute shall be exclusively brought in and decided by the state or federal courts located in Maricopa County, Arizona, and you hereby irrevocably consent to the exclusive personal jurisdiction of, and exclusive venue in, such courts, and forever waive any challenge to said courts’ exclusive jurisdiction or venue. All such claims must be brought on an individual and non-class, non-representative basis, and you forever waive any right to bring such claims on a class wide or representative basis.

Mastermind will not be responsible to you for any delay, damage, or failure caused or occasioned by any act of nature or other causes beyond our reasonable control.

Mastermind may assign its rights under this Agreement at any time, without notice to you. Your rights arising under this Agreement cannot be assigned without Mastermind’ (or its assigns’) express written consent.

All information communicated on the Website is considered electronic communication. When you communicate with Mastermind through or on the Website or via other forms of electronic media, such as e-mail, you are communicating with the company electronically. You agree that we may communicate electronically with you and that such communications, as well as notices, disclosures, agreements, and other communications that we provide to you electronically, are equivalent to communications in writing and shall have the same force and effect as if they were in writing and signed by the party sending the communication.

You can review the most current version of the Terms at any time at Terms of Conditions. We reserve the right, at our sole discretion, to update, change or replace any part of the Agreement, including the Privacy Policy by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website following the posting of any changes to the Agreement constitutes acceptance of those changes.

You hereby further represent and warrant: (1) that you are at least eighteen (18) years of age, or the legal age of majority in your jurisdiction, whichever is greater; (2) that you own, operate, and/or have the right to bind the business for which you are using the Website; (3) have read this Agreement and thoroughly understand and agree to the terms contained in this Agreement; and (4) that you will not resell, re-distribute, or export any product or service that you order from the Website. You further represent that Mastermind has the right to rely upon all information provided to Mastermind by you, and Mastermind may contact you and your business by email, telephone, or postal mail for any purpose, including but not limited to (i) follow-up calls, (ii) satisfaction surveys, and (iii) inquiries about any orders you placed, or considered placing, on or through the Website.

You further represent and warrant that there are no prior or pending government investigations or inquiries of, or prosecutions against you, or any business related to you, by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority, anywhere in the world, nor any prior or pending private lawsuits against you. If at any time during the life of the Agreement you, or any business related to You, becomes the subject of a government investigation, inquiry, or prosecution by the Federal Trade Commission, any other federal or state governmental agency, or any industry regulatory authority anywhere in the world, or the subject of any lawsuit, you will notify Mastermind of the same within 24 hours. Mastermind, at its sole discretion, may terminate the Agreement based on any investigation, proceeding, or lawsuit identified pursuant to this paragraph or otherwise discovered by Mastermind without incurring any obligation or liability to you.

If any provision of this Agreement is found by the arbitrator or (if proper) a court of competent jurisdiction to be invalid or unenforceable, the remaining provisions shall not be affected thereby and shall continue in full force and effect and such provision may be modified or severed from this Agreement to the extent necessary to make such provision enforceable and consistent with the remainder of the Agreement.

These Terms, the Agreement, and any policies or operating rules posted by us on the Website or in respect to the Website constitutes the entire agreement and understanding between you and your business and Mastermind and governs your access to and use of the Website and your ordering, purchasing, and use and/or attempted use of any service or product, and supersedes and replaces any prior or contemporaneous agreements, representations, communications, and proposals, whether oral or written, between you and Mastermind. We may also, in the future, offer new services and/or features through the Website. Such new features and/or services shall also be subject to these Terms, the Agreement, and any policies or operating rules posted by us on the Website. Any ambiguities in the interpretation of these Terms or the Agreement shall not be construed against the drafting party.

We encourage our customers to contact us with questions or comments about our products and services. Please feel free to do so by sending an e-mail to support@mastermind.com.

If you have any questions or inquiries concerning any of the Terms, you may contact Mastermind by email at support@mastermind.com or by regular mail at 2225 N. Scottsdale Road, Scottsdale, Arizona 85287.

For additional inquiries, please feel free to send an email to the relevant address listed below. Compliance: support@mastermind.com

Spam or Abuse: support@mastermind.com Affiliates: partners@mastermind.com

For General Support and Inquiries: support@mastermind.com

Notices to you may be made by posting a notice (or a link to a notice) on Terms and Conditions by email, or by regular mail, at Mastermind’ discretion.

What is GDPR? It is the EU Data Privacy Shield that becomes effective on November 17, 2022. It applies to any person or business that sells or markets goods or services to EU residents or deals with personal data of those that reside under the European Union. The "Personal Data" definition under GDPR is very broad as it covers any information that could potentially identify the data subject being targeted.

Is Mastermind GDPR Compliant? In short, yes. Please see our privacy policy for more information.

We use and develop advanced technologies - such as artificial intelligence, machine learning systems, and augmented reality - so that people can use our Products safely regardless of physical ability or geographic location. For example, technology like this helps people who have visual impairments understand what or who is in photos or videos shared on Mastermind.com. We also build sophisticated network and communication technology to help more people connect to the internet in areas with limited access. And we develop automated systems to improve our ability to detect and remove abusive and dangerous activity that may harm our community and the integrity of our Products.

Mastermind reserves intellectual property rights for all materials, images, designs, videos, or sounds it provides for your use (it’s content not yours). Any materials, images, designs, videos, or sounds you use to create and promote your training whether posted on Mastermind or another platform remains your intellectual property. If posted on Mastermind.com, however, you grant Mastermind a limited license to post your intellectual property. You may request Mastermind to delete any content from its website at any time. Mastermind may take up to sixty (60) days to remove content upon request.

Policies and Code of Ethics of Mastermind Subscribers

All subscribers are expected to adhere to the following Code of Ethics when advertising on Mastermind:

1. Giving your customer/attendees good and accurate information;

2. Refraining from targeting other subscribers;

3. Communicating with customers/attendees in professional manner;

4. Adhering to Mastermind’s sales process in a way not to circumvent its compliance policies;

5. Offering products, trainings or services which are legal, non-hate related, and ethical; and

6. Multi-Level marketing

7. Proper use of Mastermind’s intellectual property.

Violating Mastermind’s Code of Ethics, Terms of Service, Privacy Policy, or DMCA Policy may result in actions against your account including, but not limited to, suspension of listings and/or termination of your subscriber

account.

Presenting accurate information depends largely on the impression we leave on our customers. When presenting our products and services we need to leave customers with the right expectations. If you promise someone that you will teach them how to become a good writer, your services should provide the best information about writing. The key is to deliver what you are promising. Be honest. Don’t use phrases that will create the wrong net impression. Clients will not be happy if you promise them a Porsche but deliver a Volkswagen Bug. Over promising and under delivering makes unhappy customers, who will want a refund.

There are several ways you can create the wrong impression including; 

A) misleading earnings claims; 

B) making undocumented claims; 

C) misrepresenting your product or service; and/or 

D) representing your product or service is easier to use than it is.

Included in your Mastermind Group description and training must not contain statements that a client will expect a certain income if they join your training. Promises of individuals attaining a certain monthly income within a certain time frame of joining your program, are prohibited unless you can prove that the typical participant can expect that result.

For example, a claim that a client could make $10,000 in two (2) months of joining your group(s) is unacceptable unless you have documented proof that typical students see similar results.

Since you do not know how a client will utilize your service, you will be unable to predict the outcome. The result you should focus on is helping the client learn the skill you are teaching, not a promise of certain income. This is a narrow-minded approach that solely focuses on one outcome, which is unpredictable. Avoid making earning type claims.

Claims shared in your Mastermind Group require a reasonable basis. For example, a claim of increased health benefits from a supplement or nutrient; action; and/or health program must have scientific evidence to support it. 

A reasonable basis exists when you have support from the claim that is from a reliable source. Wikipedia and general search results from the internet do not constitute a reliable source. A reliable source would include

scientific studies, published accredited materials, and generally acceptable practices. Basically, a source which could withstand criticism.

Furthermore, Mastermind is not responsible for verifying the accuracy of the statements made in stories or “testimonials” shared in your advertisements. All testimonials shared in your advertisements require documentation. Substantiation of your content is a prerequisite of using such material in your Mastermind Group. Even with substantiation you should avoid using testimonials that create an impression of typicality when they really represent the rare occasional client experience. In all cases where you use a testimonial it should be accompanied with a proper disclosure that the results shown “are not typical, are not guarantees, and the client’s results may vary.” The federal guidelines for using endorsements and testimonials in advertising is

found at: https://www.ftc.gov/sites/default/files/attachments/press-releases/ftc-publishes-final-guidesgoverning-endorse ments-testimonials/091005revisedendorsementguides.pdf

Your Mastermind Group must not contain material misrepresentations. Advertisements are deceptive if they contain a “material” representation that would likely affect the consumer’s decision to purchase your services.

The standard for determining if a claim is deceptive is as follows: 

1) did the representation affect the consumer’s

decision to purchase your training; and 

2) was there sufficient evidence (documentation) to prove that the

representation was true.

Unfair methods of competition including misrepresentations or the concealment of any material fact with the intent to deceive is prohibited. As discussed, you should go to great measures to ensure your representations are not misleading and convey a clean message.

This is also true if you are claiming to help clients create a certain level of followers, enroll a certain number of customers, or any promise of results must be documented with proof that typical students see similar results.

Unless you are otherwise licensed you should not offer any medical, tax, accounting, financial, or legal advice. Your clients should consult with their accountant, attorney, physician, or financial advisor for advice on your topics. Specific advice on any subject is considered professional advice. For example, generally stating that there are tax deductions available to individuals who own businesses is general advice a lay person can discuss. On the other hand, conducting a detailed conversation with a client about a pending legal issue, and then giving them instructions on how to resolve the issue they face is professional advice. Telling a client that your product will cure, eliminate, or eradicate any type of medical condition is strictly prohibited.

You should avoid making it appear that the training or services you offer is easier than it actually is. Making the ad seem risk free creates the illusion that the process of application or learning that no real work is necessary and that there is no chance of failure. You should always convey to your clients that effort is required to learn any process, and that most ventures involve risk.

You must not target other subscribers in an attempt to deter, deflect, or steal customers. These actions may infringe on your co-Subscriber’s ability to acquire customers. Targeting includes activities which discriminate against, harass, provoke, or disparage customers from using another Subscriber’s products and/or services. Subscribers should not directly or indirectly create or make negative reviews of another Subscriber’s service solely as an attempt to detract buyers from that Subscriber’s products and services. Mastermind will immediately suspend or terminate your subscription if it is deemed you have targeted another subscriber.

A good client is a happy client. Providing your customers with the service you promise is a good start, but it is not enough by itself. You must also communicate with clients and be responsive. Being proactive with your

clients can tell you a lot about their experience. When you consistently ask your customers about their experience, it can help you improve your product and service.

Once a customer has purchased you need to provide them with a means to communicate with you if there are any problems with your product or service. No one will understand your product and service better than you. Consequently, Mastermind is not in the best situation to always help your clients. That responsibility is yours.

4. Code of Ethics

Your reputation is everything. How we relate with one another is the essence of business. If you are not ethical in your dealings with your clients, not only will that cause cancellations and refunds, but it will harm the most valuable asset you have, your reputation. Ethics do not only apply to your buyers, but to other Mastermind Subscribers. Adherence to these Code of Ethics is essential to ensure the satisfaction and reasonable expectation of the customer. By subscribing to Mastermind you agree to follow these ethical guidelines and to avoid making representations that could be harmful to your customers. Failure to abide by this code may result in Mastermind suspending or terminating your subscription.

Your Mastermind Group must not constitute, facilitate, or promote illegal products, services or activities. Your Mastermind Group targeted to minors must not promote products, services, or content that are inappropriate,

illegal, or unsafe, or that exploit, mislead, or exert undue pressure on the age groups targeted. Your Mastermind Group must not discriminate or encourage discrimination against people based on personal attributes such as race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition.

Your Mastermind Group must not promote the sale or use of tobacco products and related paraphernalia. Advertisements must not promote electronic cigarettes, vaporizers, or any other products that simulate smoking. Your Mastermind Group must not promote the sale or use of illegal, prescription, or recreational drugs.

Your Mastermind Group must not promote the sale or use of unsafe supplements, as determined by Mastermind in its sole discretion. Furthermore, you cannot claim that supplements prevent, treat, or cure diseases. You should also provide an appropriate disclosure when using supplements as required by the Federal Food and Drug] Administration (“FDA”): “Unlike drugs, dietary supplements are not evaluated by the FDA for safety and effectiveness. Dietary Supplements are not meant to prevent, treat or cure diseases.” Remember in your Mastermind Group that “natural” does not always mean safe.

Your Mastermind Group must not promote the sale or use of adult products or services, except for your Mastermind Group promoting training and/or education of family planning and contraception. Your Mastermind Group for contraceptives must focus on the contraceptive features of the product, and not on sexual pleasure or sexual enhancement, and must be targeted to people 18 years or older.

Your Mastermind Group must not contain adult content. This includes nudity, depictions of people in explicit or suggestive positions, or activities that are overly suggestive or sexually provocative.

Your Mastermind Group that assert or imply the ability to meet someone, connect with them or view content created by them must not be positioned in a sexual way or with an intent to sexualize the person featured in your Mastermind Group. Your Mastermind Group must not contain content that infringes upon or violates the rights of any third party, including copyright, trademark, privacy, publicity, or other personal or proprietary rights.

Your Mastermind Group must not contain shocking, sensational, inflammatory or excessively violent content. Your Mastermind Group must not contain profanity or bad grammar and punctuation. Symbols, numbers and letters must be used properly without the intention of circumventing our ad review process.

6. Multi-Level Marketing

Your Mastermind Group may be used to train on how to create or market a multi-level marketing business. All users, however, agree that all content will comply with the Federal Trade Commission’s Business Guidance Concerning Multi-Level Marketing, see www.ftc.gov/tipsadvice/business-center/guidance/business-guidance-concerning-multi-level-marketing).

Advertisements that include any reference to Mastermind must be approved by Mastermind. Clients cannot create an impression that your relationship with Mastermind is anything more than it is, which is an independent forum for you to promote your training or services. Furthermore, all other Your Mastermind Group and landing pages must not use our copyrights, trademarks, or any confusingly similar marks, except as expressly permitted by Mastermind. Ensure any ad data collected, received or derived from your Mastermind ad (“Mastermind advertising data”) is only shared with someone acting on your behalf, such as your service provider. You are responsible for ensuring your service providers protect any Mastermind advertising data or any other information obtained from us, limit their use of all of that information, and keep it confidential and secure.

Don’t use Mastermind advertising data for any purpose (including retargeting, commingling data across multiple advertisers’ campaigns, or allowing piggybacking or redirecting with tags), except on an aggregate and

anonymous basis (unless authorized by Mastermind) and only to assess the performance and effectiveness of your Mastermind advertising campaigns.

Don’t use Mastermind advertising data, including the targeting criteria for your ad, to build, append to, edit, influence, or augment user profiles, including profiles associated with any mobile device identifier or other unique identifier that identifies any particular user, browser, computer or device.

Don’t transfer any Mastermind advertising data (including anonymous, aggregate, or derived data) to any ad network, ad exchange, data broker or other advertising or monetization related service.